Bill Text: MS HB1683 | 2024 | Regular Session | Introduced
Bill Title: MS Charter School Act of 2013; bring forward for purposes of possible amendments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-04-29 - Died In Conference [HB1683 Detail]
Download: Mississippi-2024-HB1683-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Representative Owen
House Bill 1683
AN ACT TO BRING FORWARD SECTIONS 37-28-1 AND 37-28-3, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AMEND SECTION 37-28-5, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS; TO AMEND SECTION 37-28-7, MISSISSIPPI CODE OF 1972, TO ALLOW APPLICATIONS TO BE APPROVED FOR CHARTER SCHOOLS IN DISTRICTS RATED "D" OR "F" IN ANY OF THE LAST THREE YEARS AND TO REQUIRE THE CHAIRMAN OF THE CHARTER SCHOOL AUTHORIZER BOARD TO BE SELECTED FROM AMONG THE MEMBERS APPOINTED TO THE BOARD BY THE GOVERNOR AND LIEUTENANT GOVERNOR; TO AMEND SECTION 37-28-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHARTER SCHOOL AUTHORIZER TO AMEND CHARTER SCHOOL CONTRACTS IN ORDER TO APPROVE MERGERS, CONSOLIDATIONS AND RECONFIGURATIONS AND CONTRACT REORGANIZATIONS WITHOUT CLOSING A CHARTER SCHOOL; TO AMEND SECTION 37-28-11, MISSISSIPPI CODE OF 1972, TO PROHIBIT AN AUTHORIZER FROM RETAINING A PORTION OF PER-PUPIL ALLOCATIONS FOR ITS SUPPORT IF IT RECEIVES AN APPROPRIATION FOR ITS OPERATIONAL SUPPORT; TO AMEND SECTION 37-28-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AUTHORIZER TO PUBLISH A PAMPHLET, BY JULY 1 OF EACH YEAR, INFORMING CHARTER SCHOOLS AND CHARTER APPLICANTS OF ALL EDUCATIONAL STATUTES APPLICABLE TO THE OPERATION AND ADMINISTRATION OF CHARTER SCHOOLS; TO AMEND SECTION 37-28-15, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHARTER SCHOOL AUTHORIZER TO LIMIT THE INFORMATION INITIALLY SUBMITTED BY A CHARTER SCHOOL APPLICANT TO THAT WHICH AN AUTHORIZER DEEMS ESSENTIAL; TO BRING FORWARD SECTION 37-28-17, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AMEND SECTION 37-28-19, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN APPLICANTS THAT ARE DENIED A CHARTER TO REMEDY THE APPLICATION'S DEFICIENCIES AND REAPPLY BEFORE THE NEXT REGULAR APPLICATION PROCESS; TO AMEND SECTION 37-28-21, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AUTHORIZER TO ALLOW A CHARTER MANAGEMENT ORGANIZATION TO HOLD A SINGLE CONTRACT AND TO REORGANIZE UNDER A SINGLE CONTRACT WITHOUT RE-APPLYING FOR EACH SCHOOL; TO AMEND SECTION 37-28-23, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH A CHARTER SCHOOL'S UNDERSERVED POPULATION IS COMPARED TO THAT OF THE LOCAL SCHOOL DISTRICT AND TO AUTHORIZE AN ENROLLMENT PREFERENCE FOR CHILDREN TRANSFERRING TO A CHARTER SCHOOL FROM ANOTHER SCHOOL WHOSE CONTRACT IS HELD BY THE SAME GOVERNING BOARD; TO BRING FORWARD SECTIONS 37-28-25 AND 37-28-27, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AMEND SECTION 37-28-29, MISSISSIPPI CODE OF 1972, TO LIMIT COMPARISONS TO A LOCAL SCHOOL DISTRICT'S ACADEMIC PERFORMANCE TO FIVE PERCENT OF THE OVERALL ACADEMIC EVALUATION OF A CHARTER SCHOOL; TO AMEND SECTION 37-28-31, MISSISSIPPI CODE OF 1972, TO REQUIRE AUTHORIZERS TO ANNUALLY MONITOR THE PERFORMANCE AND LEGAL COMPLIANCE OF CHARTER SCHOOLS IT HAS AUTHORIZED AND TO CONDUCT APPROPRIATE INQUIRIES AND INVESTIGATIONS BASED ON REASONABLE SUSPICION OF MISCONDUCT OR A VIOLATION OF LAW; TO PROHIBIT THE AUTHORIZER FROM DISCUSSING INVESTIGATION IN EXECUTIVE SESSION UNLESS CLEAR AND CONVINCING EVIDENCE EXISTS THAT SUCH INVESTIGATION WOULD BE IRREPARABLY HARMED BY A DISCUSSION DURING AN OPEN SESSION; TO ALLOW CHARTER SCHOOLS UNDER THE SAME CHARTER CONTRACT TO SUBMIT A SINGLE ANNUAL PERFORMANCE REPORT; TO AMEND SECTION 37-28-33, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CHARTER SCHOOLS THAT RECEIVE A RENEWAL CONTRACT OF LESS THAN FIVE YEARS TO APPEAL THE DECISION IN THE SAME MANNER THAT NONRENEWALS AND REVOCATIONS ARE APPEALED; TO AMEND SECTION 37-28-35, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE TIMELINE AND PROCEDURES TO BE FOLLOWED BY AN AUTHORIZER IN ITS DECISION TO CLOSE A CHARTER SCHOOL; TO AMEND SECTION 37-28-37, MISSISSIPPI CODE OF 1972, TO STREAMLINE REPORTS FROM A CHARTER SCHOOL AUTHORIZER; TO AMEND SECTION 37-28-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A NONPROFIT ENTITY THAT IS PARTY TO A CHARTER CONTRACT, INCLUDING A CHARTER MANAGEMENT ORGANIZATION, IS A NONGOVERNMENTAL ENTITY; TO REQUIRE THE GOVERNING BOARD OF A NONPROFIT ENTITY HOLDING A CHARTER CONTRACT FOR MULTIPLE SCHOOLS TO DETERMINE WHETHER EACH SCHOOL LISTED IN THE CHARTER CONTRACT WILL FUNCTION AS A LOCAL EDUCATION AGENCY OR IF THE NONPROFIT WILL FUNCTION AS SUCH FOR ALL SCHOOLS INCLUDED IN ITS CHARTER CONTRACT; TO AMEND SECTION 37-28-41, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE NONPROFIT ENTITY HOLDING A CHARTER CONTRACT TO CONTRACT FOR TRANSPORTATION SERVICES, SPECIAL EDUCATION SERVICES AND VIRTUAL COURSES FOR STUDENTS ENROLLED IN THE CHARTER SCHOOL UNDER ITS CONTRACT; TO AMEND SECTION 37-28-43, MISSISSIPPI CODE OF 1972, TO REQUIRE CHARTER SCHOOLS TO PROVIDE APPROPRIATE SERVICES TO STUDENTS DESIGNATED AS ENGLISH LANGUAGE LEARNERS WHO ARE ENROLLED IN ITS SCHOOLS; TO AMEND SECTION 37-28-45, MISSISSIPPI CODE OF 1972, TO REQUIRE CHARTER SCHOOLS TO RECEIVE PERFORMANCE CLASSIFICATIONS FROM THE STATE DEPARTMENT OF EDUCATION; TO PROVIDE THAT CHARTER SCHOOLS ARE NOT SUBJECT TO ANY RULE, POLICY, REGULATION OR PROCEDURE ADOPTED BY THE STATE BOARD OF EDUCATION UNLESS SUCH WAS ADOPTED PURSUANT TO LAW APPLICABLE TO CHARTER SCHOOLS; TO AMEND SECTION 37-28-47, MISSISSIPPI CODE OF 1972, TO EXCLUDE PROVISIONALLY LICENSED TEACHERS AND LICENSED TEACHERS TEACHING OUT OF FIELD FROM THE 25% LIMITATION ON CHARTER SCHOOL TEACHERS EXEMPT FROM LICENSURE REQUIREMENTS; TO AMEND SECTION 37-28-49, MISSISSIPPI CODE OF 1972, TO INSERT REFERENCE TO THE MISSISSIPPI CODE OF EDUCATOR ETHICS; TO BRING FORWARD SECTION 37-28-51, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AMEND SECTION 37-28-53, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH CHARTER SCHOOL OR CHARTER MANAGEMENT ORGANIZATION TO ANNUALLY CERTIFY INFORMATION NECESSARY TO CALCULATE THE CHARTER SCHOOL'S STATE SHARE OF AND LOCAL CONTRIBUTION TO THE STATE PUBLIC SCHOOL FUNDING FORMULA TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 37-28-55, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH THE PRO RATA SHARE OF LOCAL FUNDS FOR CHARTER SCHOOLS IS CALCULATED; TO AMEND SECTION 37-28-57, MISSISSIPPI CODE OF 1972, TO REQUIRE CHARTER SCHOOLS TO ADHERE TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS DETERMINED BY THE FINANCIAL ACCOUNTING STANDARDS BOARD; TO REQUIRE THE STATE AUDITOR TO DEVELOP FINANCIAL RULES AND REGULATIONS, INCLUDING A FINANCIAL ACCOUNTING MANUAL SPECIFIC FOR CHARTER SCHOOLS; TO PROVIDE FOR THE ANNUAL AUDIT OF RECORDS OF NONPROFIT ENTITIES HOLDING A CHARTER CONTRACT FOR CHARTER SCHOOLS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION AND EACH AUTHORIZER TO DEVELOP A PROCESS OF SHARING RELEVANT INFORMATION TO AVOID DUPLICATION OF EFFORT; TO BRING FORWARD SECTIONS 37-28-59 AND 37-28-61, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AMEND SECTIONS 31-7-1, 37-3-51, 37-17-1, 37-21-3, 37-41-1 AND 37-151-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-28-1, Mississippi Code of 1972, is brought forward as follows:
37-28-1. This chapter shall be known and may be cited as the "Mississippi Charter Schools Act of 2013."
SECTION 2. Section 37-28-3, Mississippi Code of 1972, is brought forward as follows:
37-28-3. (1) The Legislature finds and declares that the general purposes of the state's charter schools are as follows:
(a) To improve student learning by creating high-quality schools with high standards for student performance;
(b) To close achievement gaps between high-performing and low-performing groups of public school students;
(c) To increase high-quality educational opportunities within the public education system for all students, especially those with a likelihood of academic failure;
(d) To create new professional opportunities for teachers, school administrators and other school personnel which allow them to have a direct voice in the operation of their schools;
(e) To encourage the use of different, high-quality models of teaching, governing, scheduling and other aspects of schooling which meet a variety of student needs;
(f) To allow public schools freedom and flexibility in exchange for exceptional levels of results driven accountability;
(g) To provide students, parents, community members and local entities with expanded opportunities for involvement in the public education system; and
(h) To encourage the replication of successful charter schools.
(2) All charter schools in the state established under this chapter are public schools and are part of the state's public education system.
(3) No provision of this chapter may be interpreted to allow the conversion of private schools into charter schools.
SECTION 3. Section 37-28-5, Mississippi Code of 1972, is amended as follows:
37-28-5. As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a)
"Applicant" means any person * * *, group or nonprofit entity that
develops and submits an application for a charter school to * * * an authorizer.
(b)
"Application" means a proposal from an applicant to * * * an authorizer to enter into a charter
contract whereby the proposed school obtains charter school status.
(c)
"Authorizer" means * * * an entity permitted under Section 37-28-7 to
review applications, decide whether to approve or reject applications, enter
into charter contracts * * *, oversee charter schools, and decide whether to
renew, not renew, or revoke charter contracts.
(d)
"Charter contract" means a fixed-term, renewable contract between the
governing board of a Mississippi nonprofit entity with an approved application
for a charter school and * * * an authorizer which establishes
the charter school and outlines the roles, powers, responsibilities and
performance expectations for each party to the contract.
(e) "Charter management organization" means a Mississippi nonprofit entity whose purpose is to operate more than one (1) charter school in Mississippi and which holds one or more charter contract(s) that include(s) one or more of its authorized schools. A charter management organization may operate its schools as a single local educational agency or as multiple local educational agencies.
( * * *f) "Charter school" means a
public school that is established and operating under the terms of a charter
contract * * *. The term "charter
school" includes a conversion charter school and start-up charter school. A
charter school may serve children in any Grades prekindergarten through 12. This
definition does not create a right to state public school formula funding for
prekindergarten children where none exists.
( * * *g) "Conversion charter
school" means a charter school that existed as a noncharter public school
before becoming a charter school.
( * * *h) "Education service
provider" means a * * * partner
entity with which * * * the governing board intends to subcontract for * * * full
or substantial educational services, including, but not limited to,
comprehensive management. An education service provider does not itself
hold a charter contract as defined in this section. A charter management
organization operating its own schools is not an education service provider.
( * * *i) "Governing board" means
the * * *
board of directors of a * * * Mississippi nonprofit entity,
including a charter management organization, which is party to the charter
contract with * * *
an authorizer and whose members have been elected or selected pursuant
to the * * * bylaws of the nonprofit entity. A nonprofit entity
that is party to a charter contract, including a charter management
organization, is a nongovernmental entity.
( * * *j) "Noncharter public
school" means a public school that is under the direct management,
governance and control of a school board or the state.
( * * *k) "Parent" means a parent,
guardian or other person or entity having legal custody of a child.
( * * *l) "School board" or "local
school board" means a * * * governmental board exercising
management and control over a * * * school district and the schools of that
district pursuant to the State Constitution and state statutes.
( * * *m) "School district" or "district"
means a governmental entity that establishes and supervises one or more public
schools within its geographical limits pursuant to state statutes.
( * * *n) "Start-up charter school"
means a charter school that did not exist as a noncharter public school before
becoming a charter school.
( * * *o) "Student" means any child
who is eligible for attendance in a public school in the state.
( * * *p) "Underserved students" means
students * * * who qualify for at-risk student
funding under the Mississippi Adequate Education Program, or any comparable
term under any successor state public school funding formula, and students * * *
with disabilities.
SECTION 4. Section 37-28-7, Mississippi Code of 1972, is amended as follows:
37-28-7. (1) A charter school in the State of Mississippi may be authorized by:
(a) The Mississippi Charter School Authorizer Board created under subsection (2) of this section; or
(b) An office of a state institution of higher learning or public community or junior college in this state which has been created by the president of that state institution or public community or junior college, the board of such an institution, or the Mississippi Community College Board, specifically for the purpose of authorizing one or more charter schools. The governing authority of such an office shall be a board created by the initiator of the office or the board of the affiliated institution, including the Mississippi Community College Board, as designated at the time of the office's creation. Once created, such office may only be closed by the governing authority pursuant to its policy for closure or by the Legislature.
( * * *2) There is created the Mississippi
Charter School Authorizer Board as a state agency with * * * chartering jurisdiction in the State
of Mississippi. * * *
( * * *3) (a) The mission of the Mississippi
Charter School Authorizer Board is to authorize high-quality charter schools,
particularly schools designed to expand opportunities for underserved students,
consistent with the purposes of this chapter. Subject to the restrictions and
conditions prescribed in this subsection, the Mississippi Charter School Authorizer
Board may authorize charter schools within the geographical boundaries of any
school district.
(b) The Mississippi Charter School Authorizer Board may approve a maximum of fifteen (15) qualified charter applications during a fiscal year.
(c)
In any school district designated as an "A * * *" or "B" * * * school district by the State
Board of Education under the * * * performance
classification system of the Mississippi Public School Accountability Standards
at the time of application, the Mississippi Charter School Authorizer Board may
authorize charter schools only if a majority of the members of the local school
board votes at a public meeting to endorse the application * * *.
However, the Mississippi Charter School Authorizer Board may approve a
charter application without the need for a school board vote in a school
district that has been rated "C," "D" or "F" in
any of the three (3) years preceding a charter application for that district, regardless
of whether the performance classification of the district is currently an "A"
or "B." A charter school approved under such circumstances may operate
thereafter in the same manner as any other charter school regardless of the performance
classification of the school district in which the charter school is located.
(d) The Mississippi Charter School Authorizer Board may approve a charter application for a school designed to serve students with autism, emotional disability or intellectual disability in any school district, regardless of its performance classification.
( * * *4) The Mississippi Charter School
Authorizer Board shall consist of seven (7) members, to be appointed as
follows:
(a) Three (3) members appointed by the Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
(b) Three (3) members appointed by the Lieutenant Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
(c) One (1) member appointed by the State Superintendent of Public Education, who is not required to be an employee of the State Department of Education.
All appointments must be made with the advice and consent of the Senate. In making the appointments, the appointing authority shall ensure diversity among members of the Mississippi Charter School Authorizer Board.
( * * *5) Members appointed to the
Mississippi Charter School Authorizer Board collectively must possess strong
experience and expertise in public and nonprofit governance, management and
finance, public school leadership, assessment, curriculum and instruction, and
public education law. Each member of the Mississippi Charter School Authorizer
Board must have demonstrated an understanding of and commitment to charter
schooling as a strategy for strengthening public education.
( * * *6) To establish staggered terms of
office, the initial term of office for the three (3) Mississippi Charter School
Authorizer Board members appointed by the Governor shall be four (4) years and
thereafter shall be three (3) years; the initial term of office for the three
(3) members appointed by the Lieutenant Governor shall be three (3) years and
thereafter shall be three (3) years; and the initial term of office for the
member appointed by the State Superintendent of Public Education shall be two
(2) years and thereafter shall be three (3) years. No member may serve more
than two (2) consecutive terms. The initial appointments must be made before
September 1, 2013.
( * * *7) The Mississippi Charter School
Authorizer Board shall meet as soon as practical after September 1, 2013, upon
the call of the Governor, and shall organize for business by selecting a
chairman and adopting bylaws. Subsequent meetings shall be called by the
chairman, who shall be selected from among the members appointed by the
Governor or Lieutenant Governor.
( * * *8) An individual member of the
Mississippi Charter School Authorizer Board may be removed by the board if the
member's personal incapacity renders the member incapable or unfit to discharge
the duties of the office or if the member is absent from a number of meetings
of the board, as determined and specified by the board in its bylaws. Whenever
a vacancy on the Mississippi Charter School Authorizer Board exists, the
original appointing authority shall appoint a member for the remaining portion
of the term.
( * * *9) No member of the Mississippi
Charter School Authorizer Board or employee, agent or representative of the
board may serve simultaneously as an employee, trustee, agent, representative,
vendor or contractor of a charter school authorized by the board.
( * * *10) The Mississippi Charter School
Authorizer Board shall appoint an individual to serve as the Executive Director
of the Mississippi Charter School Authorizer Board. The executive director
shall possess the qualifications established by the board which * * * shall be based on national best
practices, and shall possess an understanding of state and federal education law.
The executive director, who shall serve at the will and pleasure of the board,
shall devote his full time to the proper administration of the board and the
duties assigned to him by the board and shall be paid a salary established by
the board, subject to the approval of the State Personnel Board. Subject to
the availability of funding, the executive director may employ such
administrative staff as may be necessary to assist the director and board in
carrying out the duties and directives of the Mississippi Charter School
Authorizer Board.
( * * *11) The Mississippi Charter School
Authorizer Board is authorized to obtain suitable office space for
administrative purposes. In acquiring a facility or office space, the
authorizer board shall adhere to all policies and procedures required by the
Department of Finance and Administration and the Public Procurement Review
Board.
(12) If a state institution of higher learning or a public community or junior college, the board of such an institution, or the Mississippi Community College Board establishes an office for the purpose of authorizing charter schools, it shall exercise the same authority, powers and duties granted to, and be subject to the same restrictions and limitations placed upon, the Mississippi Charter School Authorizer Board under this chapter. However, subsection (1)(b) of this section shall dictate the governing authority of such office.
SECTION 5. Section 37-28-9, Mississippi Code of 1972, is amended as follows:
37-28-9.
(1) * * * An
authorizer is responsible for exercising, in accordance with this chapter, the
following powers and duties:
(a)
Developing, approving, maintaining, publishing via its website and the
Administrative Procedures Bulletin, and operating in accordance with written
chartering policies and * * *maintaining practices consistent with nationally recognized
principles and standards for quality charter authorizing in all major areas of
authorizing responsibility, including:
(i) Authorizer organizational capacity and infrastructure;
(ii) Solicitation and evaluation of charter applications;
(iii) Performance contracting;
(iv) Ongoing charter school oversight and evaluation; and
(v) Charter renewal, nonrenewal and revocation decision-making;
(b) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(c) Declining to approve weak or inadequate charter applications;
(d)
Negotiating and executing charter contracts with the governing boards of
nonprofit entities with approved charter * * * school applications;
(e) Amending charter school contracts, including, but not limited to:
(i) Approving material amendments for expansions, mergers, consolidations or grade reconfigurations of operating charter schools under the same governing board;
(ii) Transfers of charter contracts or one or more charter schools under a single charter contract to other eligible Mississippi nonprofit entities, including when such transfers are for the purpose of merging or consolidating two (2) or more operating charter schools; and
(iii) Reorganizations of separate charter contracts held by the governing board of the same nonprofit entity, including a charter management organization, into a single charter contract;
( * * *f) Monitoring, in accordance with
charter contract terms and the requirements of this chapter, the
performance and legal compliance of charter schools;
( * * *g) Determining whether each charter contract
merits renewal, nonrenewal or revocation; * * *
( * * *h) Applying for any federal funds that
may be available for the implementation of charter school programs * * *; and
(i) Complying with provisions of the Open Meetings Act, established under Section 25-41-1, et seq., the Mississippi Public Records Act of 1983, and any other provision of Mississippi law pertaining to the conduct of public bodies, including abiding by the Mississippi Administrative Procedures Law for the adoption of any rule, policy, guideline or other regulation, including any performance framework, renewal framework or any other relevant document with which charter schools are mandated to comply.
(2)
* * * An
authorizer shall carry out all its duties under this chapter in a manner
consistent with nationally recognized principles and standards and with the
spirit and intent of this act.
(3)
* * * An
authorizer may, as it deems appropriate, delegate or withdraw
delegation of one or more of its duties to the executive director * * *.
(4)
Regulation by * * *
an authorizer shall be limited to those powers and duties prescribed in
this section and all others prescribed by law, consistent with the spirit and
intent of this chapter. An authorizer may not issue directives or mandates
to charter schools except as pursuant to an applicable law or a policy properly
adopted by its board and published on its website, nor shall it launch
investigations without reasonable suspicion that a school has violated a
specific provision of law, its contract, or a properly adopted policy.
(5)
Except in the case of gross negligence or reckless disregard of the safety and
well-being of another person, * * * an authorizer, board members
of * * * an
authorizer board in their official capacity, and employees of * * * an authorizer in their official
capacity are immune from civil liability with respect to all activities related
to a charter school approved by * * * an authorizer.
SECTION 6. Section 37-28-11, Mississippi Code of 1972, is amended as follows:
37-28-11.
(1) To cover the costs of overseeing charter schools in accordance with this
chapter, * * *
an authorizer * * *
may receive up to three percent (3%) of annual per-pupil allocations
received by a charter school from state and local funds for each charter school
it authorizes. The exact amount, if any, shall be set by an authorizer
annually in an open meeting and based on an authorizer's budgetary needs. However,
an authorizer may not receive such an allocation if it receives a state
appropriation for the purpose of defraying its expenses.
(2)
* * * An
authorizer may receive appropriate gifts, grants and donations of any kind from
any public or private entity to carry out the purposes of this chapter, subject
to all lawful terms and conditions under which the gifts, grants or donations
are given.
(3)
* * * An
authorizer may expend its resources, seek grant funds and establish
partnerships to support its charter school authorizing activities.
SECTION 7. Section 37-28-13, Mississippi Code of 1972, is amended as follows:
37-28-13.
(1) Upon request, the State Department of Education shall assist the
Mississippi Charter School Authorizer Board with implementing * * * an authorizer's decisions by providing
such technical assistance and information as may be necessary for the implementation
of this chapter.
(2)
Before July 1 of each year, * * * each authorizer shall publish a
pamphlet, which may be in electronic form, containing:
(a)
All statutes in Title 37, Mississippi Code of 1972, which are applicable to * * * charter schools;
(b) Any rules, regulations and policies adopted by the State Superintendent of Public Education, the State Board of Education or the State Department of Education with which charter schools must comply by virtue of the applicability to charter schools, as well as other public schools, of the state laws to which those relevant rules, regulations and policies pertain; and
(c) Any other state and federal laws and matters that are relevant to the establishment and operation of charter schools in the State of Mississippi.
* * *
Each authorizer shall make the pamphlet available to the public on * * * its website and shall notify
all prospective applicants and authorized charter schools of the
pamphlet.
SECTION 8. Section 37-28-15, Mississippi Code of 1972, is amended as follows:
37-28-15.
(1) To solicit, encourage and guide the development of quality charter school
applications, * * *
each authorizer shall issue and publicize a request for proposals before
September 1 of each year * * *; however, during 2013, the authorizer shall issue and publicize a
request for proposals before December 1. The content and
dissemination of the request for proposals must be consistent with the purposes
and requirements of this chapter.
(2)
* * * Each
authorizer annually shall establish and disseminate a statewide timeline for charter
approval or denial decisions, which may include a rolling application process.
(3)
* * * Each
authorizer's request for proposals must include the following:
(a) A clear statement of any preferences the authorizer wishes to grant to applications intended to help underserved students;
(b) A description of the performance framework that the authorizer has developed for charter school oversight and evaluation in accordance with Section 37-28-29;
(c) The criteria that will guide the authorizer's decision to approve or deny a charter application; and
(d) A clear statement of appropriately detailed questions, as well as guidelines, concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful charter school.
(4)
In addition to all other requirements, and subject to the provisions of subsection
(5) of this section, the request for proposals must require charter
applications to provide or describe thoroughly all of the following * * * elements of the proposed school plan:
(a) An executive summary;
(b) The mission and vision of the proposed charter school, including identification of the targeted student population and the community the school hopes to serve;
(c) The location or geographic area proposed for the school;
(d)
The grades to be served each year * * * until
the school reaches its proposed capacity;
(e)
Minimum, planned and maximum enrollment per grade per year * * * until the
school reaches its proposed capacity;
(f) Evidence of need and community support for the proposed charter school;
(g)
Background information, including proof of United States citizenship, on the
applicants, the proposed founding governing board members and, if identified,
members of the proposed school leadership and management team. The background
information must include annual student achievement data, disaggregated by
subgroup, for every school under the current or prior management of each * * * leadership team member;
(h)
The school's proposed calendar, including the proposed opening and closing
dates for the school term, which shall be no less than the minimum number of
school days established for all public schools in Section 37-13-63, and a sample
daily schedule * * *;
(i) A description of the school's academic program, aligned with state standards;
(j) A description of the school's instructional design, including the type of learning environment (such as classroom-based or independent study), class size and structure, curriculum overview and teaching methods;
(k) The school's plan for using internal and external assessments to measure and report student progress on the performance framework developed by the authorizer in accordance with Section 37-28-29;
(l) The school's plan for identifying and successfully serving students with disabilities (including all of the school's proposed policies pursuant to the Individuals with Disabilities Education Improvement Act of 2004, 20 USCS Section 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USCS Section 794, and Title 11 of the Americans with Disabilities Act, 42 USCS Section 12101 et seq., and the school's procedures for securing and providing evaluations and related services pursuant to federal law), students who are English language learners, students who are academically behind, and gifted students, including, but not limited to, compliance with any applicable laws and regulations;
(m) A description of cocurricular or extracurricular programs and how those programs will be funded and delivered;
(n) Plans and timelines for student recruitment and enrollment, including lottery policies and procedures that ensure that every student has an equal opportunity to be considered in the lottery and that the lottery is equitable, randomized, transparent and impartial so that students are accepted in a charter school without regard to disability, income level, race, religion or national origin;
(o)
The school's student discipline policies, including those for * * * students with disabilities;
(p)
An organizational chart that clearly presents the school's organizational
structure, including lines of authority and reporting * * * among the governing board, charter
management organization staff or the education service provider (if any),
school leadership team and staff, related bodies (such as advisory bodies
or parent and teacher councils), and all other external organizations that will
play a role in managing the school;
(q) A clear description of the roles and responsibilities of the governing board, charter management organization staff or education service provider (if any), school leadership team, management team and all other entities shown in the organizational chart;
(r)
A staffing chart for the school's first year, and a staffing plan for the * * * first five (5) years;
(s) Plans for recruiting and developing school leadership and staff, which may not include utilization of nonimmigrant foreign worker visa programs;
(t) The school's leadership and teacher employment policies, including performance evaluation plans;
(u)
Proposed or adopted governing bylawsof
the governing board of the nonprofit entity proposed to hold the charter contract
and any relevant sub-entities controlled by the nonprofit entity;
(v) Explanations of any partnerships or contractual relationships central to the school's operations or mission;
(w) The school's plans for providing transportation, food service and all other significant operational or ancillary services;
(x)
Opportunities and expectations for * * * family engagement;
(y) A detailed school start-up plan, identifying tasks, timelines and responsible individuals;
(z) A description of the school's financial plans and policies, including financial controls and audit requirements;
(aa) A description of the insurance coverage the school will obtain;
(bb) Start-up and five-year budgets with clearly stated assumptions;
(cc) Start-up and first-year cash flow projections with clearly stated assumptions;
(dd) A disclosure of all sources of private funding and all funds from foreign sources, including gifts from foreign governments, foreign legal entities and domestic entities affiliated with either foreign governments or foreign legal entities. For the purposes of this paragraph, the term "foreign" means a country or jurisdiction outside of any state or territory of the United States;
(ee) Evidence of anticipated fundraising contributions, if claimed in the application; and
(ff) A sound facilities plan, including backup or contingency plans if appropriate.
(5) An authorizer may limit its initial request for proposals to those elements in subsection (4) which it deems essential for an initial review, and applications may be rejected based upon the information provided for those elements. However, an applicant must submit, and an authorizer must evaluate, all elements enumerated in subsection (4) before an application may be approved.
( * * *6) In the case of an application to
establish a charter school by converting an existing noncharter public school
to charter school status, the request for proposals additionally shall require the
applicant to demonstrate support for the proposed charter school conversion by
a petition signed by a majority of teachers or a majority of parents of
students in the existing noncharter public school, or by a majority vote of the
local school board or, in the case of schools in districts under state conservatorship,
by the State Board of Education.
( * * *7) In the case of a proposed charter
school that intends to subcontract with an education service provider
for substantial educational services, comprehensive management services
or both types of services, the request for proposals additionally shall require
the applicant to:
(a) Provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;
(b) Provide a term sheet setting forth: the proposed duration of the service contract; roles and responsibilities of the governing board, the school staff and the education service provider; the scope of services and resources to be provided by the education service provider; performance evaluation measures and timelines; the compensation structure, including clear identification of all fees to be paid to the education service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract;
(c) Disclose and explain any existing or potential conflicts of interest between the school governing board and proposed service provider or any affiliated business entities; and
(d) Background information, including proof of United States citizenship, on the principal individuals affiliated with the education service provider.
( * * *8) In the case of a charter school
proposal from an applicant that currently operates one or more schools in any
state or nation, the request for proposals additionally shall require the
applicant to provide evidence of past performance and current capacity for organizational
growth. * * *
(9) In the case of a governing board of an operating charter school, including a school within a charter management organization, seeking to expand the school's grades, whether upwards or downwards, beyond those originally authorized, an authorizer shall not require a new application as described in subsection (4) of this section, but shall consider a plan for expansion as a material contract amendment. Expanded grades shall be listed as a separate school under the amended charter contract if requested by the governing board, and, if so, shall be evaluated separately for accountability and closure purposes as prescribed by law. The requirements for approving contract amendments for expansion shall be transparent, based on merit and not unduly burdensome. An authorizer shall approve expansion requests by the governing board of any charter school meeting overall expectations in the areas of academic, financial and organizational performance per the school's most recent performance framework, regardless of the performance classification of either the charter school or the school district in which a charter school is located. An authorizer shall approve or deny expansions within forty-five (45) calendar days of submission of a completed request by the governing board.
SECTION 9. Section 37-28-17, Mississippi Code of 1972, is brought forward as follows:
37-28-17. (1) The following are the purposes of a charter application:
(a) To present the proposed charter school's academic and operational vision and plans;
(b) To demonstrate the applicant's capacities to execute the proposed vision and plans; and
(c) To provide the authorizer a clear basis for assessing the applicant's plans and capacities.
(2) An approved charter application may not serve as the school's charter contract.
SECTION 10. Section 37-28-19, Mississippi Code of 1972, is amended as follows:
37-28-19. (1) In
reviewing and evaluating charter applications, * * * an authorizer shall employ written,
adopted and published procedures, practices and criteria consistent with
nationally recognized principles and standards for quality charter authorizing.
These procedures must provide clear standards for meeting expectations,
including any response elements required to meet such standards as well as any
points overall or per section of the application necessary for approval.
The application review process must include thorough evaluation of each written
charter application and an in-person interview with the applicant group.
Evaluations shall be conducted by the staff or board members of an
authorizer or consultants demonstrating support for and expertise in charter
schools.
(2)
In deciding whether to approve charter applications, * * * an authorizer must:
(a)
Grant charters only to applicants that have provided evidence of competence in
each element of * * *
an authorizer's published approval criteria, and in the case of an
applicant that currently operates one or more schools in any state or nation,
clear evidence that the management or leadership team of the charter school or
schools currently operated by the applicant has produced * * * growth
in student achievement or consistently produced proficiency levels as measured
on state achievement tests, although unusual circumstances such as a global
pandemic or other disaster may be taken into account;
(b) Base decisions on documented evidence collected through the application review process; and
(c) Follow charter-granting policies and practices that are transparent, based on merit and avoid conflicts of interest or any appearance thereof.
(3)
Before the expiration of one hundred eighty (180) days after the filing of a
charter application, * * *
an authorizer must approve or deny the charter application; however, an
application submitted by a public historically black college or university
(HBCU), in partnership with a national nonprofit public HBCU support organization,
for a charter school to be operated on or near the campus of the HBCU must be considered
for expedited approval by * * *the an authorizer. * * * Each authorizer shall adopt by
resolution all charter approval or denial decisions in an open meeting of the authorizer's
board.
(4) An approval decision may include, if appropriate, reasonable conditions that the charter applicant must meet before a charter contract may be executed pursuant to Section 37-28-21. A charter applicant must have achieved nonprofit entity status prior to the execution of a contract if the applicant was not a nonprofit entity prior to submission of the application.
(5)
For a charter denial, * * *
an authorizer shall state clearly, for public record, its reasons for
denial. A denied applicant may reapply subsequently with * * * an authorizer. An applicant who
is denied after having progressed past any initial stage in the evaluation
process shall not be required to wait until the next regular application
process to reapply but must be allowed one (1) opportunity before the next
regular application process to demonstrate to the relevant authorizer that the
applicant has remedied the conditions upon which the denial was based. The
initial stage described in this subsection shall be defined by each authorizer
in its request for proposals.
(6)
Before the expiration of ten (10) days after taking action to approve or deny a
charter application, * * *
an authorizer shall provide a report to the applicant. The report must
include a copy of the authorizer's resolution setting forth the action taken
and reasons for the decision and assurances as to compliance with all of the
procedural requirements and application elements set forth in this chapter.
SECTION 11. Section 37-28-21, Mississippi Code of 1972, is amended as follows:
37-28-21.
(1) * * * An
authorizer shall grant an initial charter contract to the nonprofit
entity proposed by each qualified applicant for a term of five (5) operating
school years. In the case of a charter contract including more than
one (1) school, the contract shall contain a separate addendum for each school
listing the school's approved term of operation; the initial term for each
school shall be five (5) operating school years. The overall term of a contract
with an entity that operates more than one (1) charter school shall extend until
the latest date of any approved charter school in a contract addendum. The
term of the charter shall commence on the charter school's first day of
operation, or the first charter school's first day of operation for a
contract that includes more than one (1) school, as specified in the contract.
An approved charter school may delay its opening for one (1) school year in
order to plan and prepare for the school's opening. If the school requires an
opening delay of more than one (1) school year, the school must request an
extension from * * *
its authorizer. * * *The An authorizer may grant or deny the extension
depending on the particular school's circumstances.
(2)
(a) * * * An
authorizer and the governing board of * * * a nonprofit with one or more approved
charter schools shall execute a charter contract that clearly sets forth
the academic, financial and operational performance expectations and
measures by which * * *
each charter school will be judged, as specified in Section 37-28-29;
and the administrative relationship between the authorizer, the governing board
and each charter school, including each party's rights and duties. * * *
(b)
The charter contract must be signed by the * * * chairperson of * * * an authorizer's board and the * * * chairperson of * * * a charter school's governing board.
(c)
A charter school may not commence operations without a charter contract executed
in accordance with this section and approved in an open meeting of * * * an authorizer's board.
(3)
* * * An
authorizer * * *
shall establish and publish reasonable preopening requirements or
conditions to monitor the start-up progress of * * * each of its newly approved charter
school and to ensure that * * *the each school is prepared to open smoothly on the
date agreed and that the school meets all building, health, safety, insurance
and other legal requirements before the school's opening. An authorizer may
establish school-specific preopening requirements or conditions for any of its
newly approved schools. Each authorizer must keep documentation that any and
all such preopening requirements have been met prior to the school's opening.
(4) The charter contract of each charter school must include the following provisions at a minimum:
(a) For any charter school serving any Grades 9 through 12, graduation requirements shall meet or exceed those set by the State Department of Education for a standard high school diploma, but this provision shall not preclude competency-based satisfaction of graduation requirements;
(b) A charter school must be kept in session no less than the minimum number of school days established for all public schools in Section 37-13-63;
(c) A charter school's academic program shall be aligned to state learning standards, including offering courses required for a standard Mississippi high school diploma;
(d) The charter contract shall require a charter school to adopt a transportation plan for students attending a charter school;
(e) The charter contract shall list all preopening requirements pursuant to subsection (3) of this section and any school-specific preopening requirements of the authorizer from which it is seeking charter approval;
(f) The charter contract shall list and require as a material part of the charter contract information needed by the authorizer from the governing board of a charter school for the respective authorizer's performance framework reports;
(g) The charter contract shall require the nonprofit entity to complete one (1) annual audit in which every Mississippi charter school that it is authorized to operate is reported as a program under the nonprofit entity, regardless of how many separate Mississippi contracts the nonprofit holds;
(5) An authorizer must allow a nonprofit entity authorized to operate more than one (1) school, including a charter management organization, to hold a contract with more than one (1) of its approved Mississippi schools without requiring the nonprofit entity to apply for the right to hold such a contract. In such cases, the contract with more than one (1) school must provide the following:
(a) Each school listed within the contract shall have its own addendum to include its operating term, as well as any unique elements such as essential educational terms, mission and vision, grades and enrollment projections, location or facilities, school-selected indicators or goals, any enrollment policies and procedures or any preopening requirements that differ from other schools listed in the contract;
(b) The nonprofit entity may jointly manage all assets, funds and property of all schools listed in the contract, provided that funds are tracked and reported by schools;
(c) An authorizer may issue notices of concern or breach of contract to an individual charter school listed within the contract without implicating or adversely affecting the remaining schools listed in the contract;
(d) An authorizer may close a charter school within the contract without closing the remainder of the charter schools within that contract. In the event of closure of one or more schools, but when other schools listed in the contract remain operational, the nonprofit entity shall retain ownership of the assets and property of the closed school or schools to be used at its remaining Mississippi schools, except for unspent governmental funds or unspent earnings of governmental funds which shall be redirected on a per-pupil basis to the school districts or charter schools to which students of the closed school transfer, as allowable. If an authorizer concludes the appropriate recipient of unspent governmental funds and unspent earnings is difficult to determine as a practical matter, the unspent governmental funds and unspent earnings will revert to the school district in which the charter school was located as provided by law. A nonprofit entity whose entire portfolio of Mississippi schools is closed by an authorizer must follow authorizer policies for school closure and disposition of assets, funds and property as provided by law. An authorizer may not close an entire portfolio of Mississippi schools within a contract without due cause for closing each school as required by Section 37-28-35. However, if such a burden is met, the entire contract is considered terminated;
(e) In the case of a nonprofit entity reorganizing separate existing charter contracts into the same contract, including the case of reorganizing two (2) or more charter contracts for schools considered separate local educational agencies into a single contract in which these schools become sub-entities under the same local educational agency of the nonprofit entity, the nonprofit entity shall retain all assets, funds and property from the charter schools which were operating as separate local educational agencies for use in the schools reorganized under the same local educational agency of the nonprofit entity as specified in the amended contract effectuating the reorganization; and
(f) Each Mississippi charter school within the contract of a nonprofit entity authorized to operate more than one (1) school must be considered for renewal according to each school's term of operation as specified in the contract.
(6) In the case of the proposed merger, consolidation, or grade reconfiguration of two (2) or more schools operated by the same nonprofit entity, whether originally within a single contract or separate contracts held by the governing board of the same nonprofit entity, the nonprofit entity shall retain all assets, funds and property for use in the newly merged, consolidated or reconfigured school or schools as specified in the amended contract effectuating the merger, consolidation or reconfiguration.
(7) The governing board of a nonprofit entity that is party to a charter contract or, in the case of the required or voluntary closure of such a nonprofit entity, the charter school leader or leadership team of the operating charter school established by the contract may request its authorizer to transfer the charter contract to another eligible Mississippi nonprofit entity. By assuming a charter contract, a nonprofit entity also assumes all assets, liabilities, revenues and expenses ascribable to a transferred charter school as specified in the transfer agreement. An authorizer may not require the transfer of a charter contract unless a nonprofit entity plans to close a school meeting authorizer expectations, and the authorizer seeks to enable the school to continue to operate.
(8) Mergers, consolidations, grade reconfigurations and transfers of charter schools as well as reorganization of charter schools from separate contracts into the same contract as specified in subsections (5) through (7) of this section, or any analogous situation, shall not require or constitute closure and restart of the affected charter schools and shall not require reversion of their assets. Furthermore, an authorizer shall not require the governing board of such schools to file a new school application as described in Section 37-28-15, but shall approve all such mergers, consolidations, grade reconfigurations, transfers and reorganizations as material contract amendments.
(9) In the case of merged or consolidating nonprofit entities where one (1) nonprofit entity is party to a charter contract, the successor entity shall become the party to the charter contract upon the effective date of the merger or consolidation and shall assume all assets, liabilities, revenues and expenses ascribable to the charter school. Charter schools affected by this provision shall not be considered closed and restarted nor shall the schools have to revert their assets. Furthermore, the governing board of the successor entity shall not have to file a new school application as described in Section 37-28-15.
(10) (a) The governing board of an approved charter school may change to a different authorizer by executing a charter contract with another authorizer as follows:
(i) Any time before June 30, 2025, regardless of how much of the current contract term has elapsed;
(ii) After June 30, 2025:
1. At the end of a school year; or
2. At the end of a charter contract term; or
(iii) At the time of closure of an authorizer by the authorizer's board or the Legislature.
(b) Changing the different authorizer does not constitute a closure and restart of a charter school, nor does such change require a school to revert its assets.
(c) The governing board of an approved charter school seeking to change to a different authorizer at the end of a charter term need not apply for renewal of the charter school with the original authorizer but may instead apply for a new charter contract with a different authorizer.
(d) An authorizer may accept or reject a request from the governing board of an approved charter school seeking to change to a different authorizer based on the authorizer's adopted policy for accepting charter schools initially authorized by another entity established by Section 37-28-7. The application for an already authorized school to change to a different authorizer need not be as extensive as described in Section 37-28-15, but the approval process should comply with Section 37-28-19. However, if the governing board of a charter school has had its charter contract revoked or nonrenewed by any authorizer, the governing board of the school must complete the process described in Section 37-28-15 for any authorizer to execute a new charter contract. A nonprofit seeking to change to a different authorizer may apply to multiple authorizers but only contract with one (1) for the same school.
(e) An authorizer may not prevent the governing board of a charter school from switching to another authorizer. The governing board of a charter school seeking to change to a different authorizer must give their current authorizer thirty (30) calendar days' notice prior to the execution of a new charter contract. The governing board of a charter school is not required to notify an authorizer of a pending application to change to a different authorizer. An authorizer may not continue to receive an authorizer allocation, as allowed in Section 37-28-11, from a school under an executed charter contract with another authorizer, nor may an authorizer retaliate against a governing board or its charter schools, such as by threatening revocation prior to a new charter contract being executed, after it becomes informed of the school's intent to change authorizers.
(11) Except to the extent authorized under paragraph (c), (d), or (e) of Section 37-28-41, the powers, obligations and responsibilities set forth in the charter contract may not be delegated or assigned by either party.
SECTION 12. Section 37-28-23, Mississippi Code of 1972, is amended as follows:
37-28-23. (1) A charter school must be open to:
(a)
Any student residing in the geographical boundaries of the school district in
which the charter school is located; * * *
(b)
Any student who resides in the geographical boundaries of a school district
that was rated "C," "D" or "F" at the time the
charter school was approved by * * * an authorizer * * *, or who resides in the geographical
boundaries of a school district rated "C," or "D" or
"F" with the prior five (5) years at the time the student
enrolls * * *;
(c) The siblings or foster siblings of any enrolled charter school student residing in the same household of any charter school student, regardless of the performance classification of the resident school district at the time the sibling or foster sibling enrolls;
(d) The children of employees of a charter school, regardless of the performance classification of their resident school district at the time a child of an employee enrolls; and
(e) Any student who qualifies to transfer under Section 37-15-29(3), 37-15-29(5) or 37-15-31.
(2) A school district may not require any student enrolled in the school district to attend a charter school.
(3) Except as otherwise provided under subsection (8)(d) of this section, a charter school may not limit admission based on race, ethnicity, national origin, religion, gender, income level, disabling condition, proficiency in the English language, or academic or athletic ability.
(4) A charter school may limit admission to students within a given age group or grade level, including pre-kindergarten students, and may be organized around a special emphasis, theme or concept as stated in the school's application.
(5)
(a) The percentage size of the schoolwide underserved student
composition of a charter * * *school's enrollment collectively must reflect that of students of all
ages attending the school district in which the charter school is located, to
be defined for the purposes of this chapter as being school must
be at least eighty percent (80%) of that of the comparison population.
If the schoolwide underserved student composition of * * * a charter * * * school is less than
eighty percent (80%) of the * * * underserved student composition
of the comparison population, despite the school's best efforts, the school's
authorizer must consider the * * * charter school's recruitment
efforts and the underserved student composition of the applicant pool in
determining whether the * * *applicant or charter school is operating in a * * * discriminatory manner.
A finding by the school's authorizer that * * * the charter school is operating in a
discriminatory manner justifies the revocation of a charter.
(b) The comparison population for the purposes of this subsection shall be the total percentage of underserved students from the corresponding grade levels of each school district from which the charter school draws at least ten percent (10%) of its students.
(c) If a school district within the comparison population is under a state or federally required remediation plan due to disproportionate identification of students with disabilities, an authorizer must consider the impact of this disproportionate identification in the comparison school district when determining the appropriate level of students with disabilities a charter school must enroll in the schoolwide underserved student population.
(6) A charter school must enroll all students who wish to attend the school unless the number of students exceeds the capacity of a program, class, grade level or building.
(7) If capacity is insufficient to enroll all students who wish to attend the school based on initial application, the charter school must select students through a lottery.
(8) (a) Any noncharter public school or part of a noncharter public school converting to a charter school shall adopt and maintain a policy giving an enrollment preference to students who reside within the former attendance area of that public school. If the charter school has excess capacity after enrolling students residing within the former attendance area of the school, students outside of the former attendance area of the school, but within the geographical boundaries of the school district in which the charter school is located, are eligible for enrollment. If the number of students applying for admission exceeds the capacity of a program, class, grade level or building of the charter school, the charter school must admit students on the basis of a lottery.
(b) A charter school must give an enrollment preference to students enrolled in the charter school during the preceding school year and to siblings of students already enrolled in the charter school. An enrollment preference for returning students excludes those students from entering into a lottery.
(c) A charter school may give an enrollment preference to children of the charter school's applicant, governing board members and full-time employees, so long as those children constitute no more than ten percent (10%) of the charter school's total student population.
(d)
A charter school shall give an enrollment preference to underserved children as
defined in Section 37-28-5 * * * until the charter school meets
its required underserved student composition. The charter school may
continue to give an enrollment preference to underserved children after the
charter school meets its required underserved student composition.
(e) A charter school may give an enrollment preference to children transferring from a charter school under the same contract or whose contract is held by the same governing board, such as schools under the operation of the same charter management organization. This enrollment preference includes children who have completed the final grade of their current school and are transferring to a higher grade in a different school. An enrollment preference for such students excludes those students from entering into a lottery.
( * * *f) This section does not preclude the
formation of a charter school whose mission is focused on serving students with
disabilities, students of the same gender, students who pose such severe
disciplinary problems that they warrant a specific educational program, or
students who are at risk of academic failure. If capacity is insufficient to
enroll all students who wish to attend the school, the charter school must
select students through a lottery.
SECTION 13. Section 37-28-25, Mississippi Code of 1972, is brought forward as follows:
37-28-25. If a student previously enrolled in a charter school enrolls in another public school in this state, the student's new school must accept credits earned by the student in courses or instructional programs at the charter school in a uniform and consistent manner and according to the same criteria that are used to accept academic credits from other public schools.
SECTION 14. Section 37-28-27, Mississippi Code of 1972, is brought forward as follows:
37-28-27. A school district must provide or publicize to parents and the general public information about charter schools as an enrollment option within the district to the same extent and through the same means that the district provides and publicizes information about noncharter public schools in the district.
SECTION 15. Section 37-28-29, Mississippi Code of 1972, is amended as follows:
37-28-29. (1) The performance provisions within a charter contract for each charter school must be based on a performance framework that clearly sets forth the academic, financial and operational performance indicators, measures and metrics that will guide the authorizer's evaluations of the charter school. The performance framework, as well as any domain or subsection of the framework, shall not use as indicators any of the process standards or the performance classifications of the Mississippi Public School Accountability Standards as established by the State Board of Education, nor shall the performance framework or any domain duplicate the methodology of the performance classifications. Rather, the performance framework and its domains shall be constructed to honor the unique legal status, purpose and student composition of charter schools. The performance framework must include indicators, measures and metrics, at a minimum, for the following:
(a) Student academic proficiency;
(b) Student academic growth;
(c)
Achievement gaps in * * *
proficiency * * *
between major student subgroups, as applicable;
(d) Attendance;
(e) Recurrent enrollment from year to year;
(f) In-school and out-of-school suspension rates and expulsion rates;
(g)
For each charter high * * * school, postsecondary readiness,
including the percentage of graduates submitting applications to postsecondary
institutions, high school completion * * * rates;
(h) Financial performance and sustainability as follows:
(i) For a nonprofit entity authorized to operate a single school and which has no or minimal other financial activity than that pertaining to the charter school, financial performance and sustainability of the nonprofit entity;
(ii) For a nonprofit entity authorized to operate one or more schools and which has at least some financial activity other than that pertaining to the charter schools, financial performance of each Mississippi charter school as a program of the nonprofit entity as well as relevant financial performance and sustainability of the nonprofit entity, provided that school and organizational indicators, measures and metrics are logical and not unduly duplicative; and
(iii) For a nonprofit entity authorized to operate more than one (1) school and which has no or minimal financial activity other than that pertaining to the charter schools, such as a charter management organization, financial performance of each charter school as a program of the nonprofit entity as well as financial performance and sustainability of the nonprofit entity, provided that school and organizational indicators, measures and metrics are logical and not unduly duplicative; and
(i) Board performance and stewardship, including compliance with all applicable laws, regulations and terms of the charter contract.
(2)
* * * (a) The performance framework shall include a
version for charter schools whose governing boards are authorized to operate a
single charter school as well as charter schools whose governing boards are
authorized to operate more than one (1) charter school, such as charter
management organizations.
(b) The version for schools under the governance of a nonprofit entity authorized to operate more than one (1) school shall evaluate the indicators, measures and metrics described in subsections (1)(a) through (g) of this section at both the school and organizational levels, as relevant. The requirement of this paragraph shall not be construed as mandating unduly burdensome or duplicative requirements for these entities and their schools. Any such version should differentiate performance among the schools within a single contract or as part of several contracts held by the same nonprofit entity to allow differentiated intervention, if necessary, while also assessing the overall performance of the nonprofit entity in operating charter schools.
(3) Comparisons between a charter school or nonprofit entity operating more than one (1) charter school and the districts in which the charter schools are located may not weigh more than five percent (5%) in the overall academic evaluation under the performance framework. Any comparisons must be based on statistically valid and reliable methods for establishing a comparable population of students in a school district, including comparability based on race, economic status, any prior achievement, grade and disability status.
( * * *4) Annual performance targets must be
set by each charter school in conjunction with * * * its authorizer at the school and organizational
levels, as applicable, and must be designed to help each school meet
applicable federal, state and authorizer expectations. The academic
performance targets may be refined or amended by mutual agreement after each
charter school is operating and has collected baseline achievement data for its
enrolled students. Annual academic performance targets for each charter school
may vary depending on the baseline data of the student population served by the
school but should aim for a common goal of academic success over time. Financial
and organizational performance targets may be standardized for all Mississippi
charter schools, their governing boards and nonprofit entities provided that
such targets are created by benchmarking with national best practices, or state
or local averages, as relevant and reasonable.
( * * *5) The performance framework must
allow the inclusion of additional rigorous, valid and reliable indicators
proposed by the governing board of a charter school to augment external
evaluations of * * *
school and organizational performance; however, * * * its authorizer must approve the
quality and rigor of any indicators proposed by the governing board of a
charter school, which indicators must be consistent with the purposes of this
chapter.
( * * *6) The performance framework must
require the disaggregation of all student performance data by major student
subgroups (gender, race, poverty status, special education status * * * and English learner status * * *). However, achievement
gap measures must be deemed sufficient for evaluating subgroup performance
without additional duplicative measures.
( * * *7) * * * An authorizer shall collect, analyze
and report all data from state assessments and other necessary sources
in accordance with * * *
its performance framework * * *.
* * *
SECTION 16. Section 37-28-31, Mississippi Code of 1972, is amended as follows:
37-28-31.
(1) * * * Each
authorizer shall monitor annually the performance and legal compliance of each
charter school it oversees, including collecting and analyzing data to support
the school's evaluation according to the charter contract. The authorizer may
conduct or require oversight activities that enable the authorizer to fulfill its
responsibilities under this chapter, including conducting appropriate inquiries
and investigations based on reasonable suspicion of misconduct or a
violation of law, properly adopted authorizer policy or the charter contract,
so long as those activities are consistent with the intent of this act, adhere to
written policies and procedures of the authorizer and the terms of the
charter contract and do not unduly inhibit the autonomy granted to charter
schools. An authorizer shall not discuss its oversight activities,
inquiries or investigations in executive session unless clear and convincing
evidence exists that an investigation would be irreparably harmed by discussing
it in an open session.
(2)
As part of its annual report to the Legislature, * * * each authorizer shall publish and
provide a performance report for each charter school it oversees in accordance
with the performance framework set forth in the charter contract. The report
must be made available to the public at the same time as it is submitted to the
Legislature. * * *
An authorizer may require each charter school it oversees to submit an
annual report to assist the authorizer in gathering complete information about
each school, consistent with the performance framework. An authorizer shall
not require charter schools under the same contract or whose contracts are held
by the same nonprofit entity to submit separate reports but shall instead
require one (1) annual report from the nonprofit entity on behalf of all of its
authorized schools.
(3)
If a charter school's performance or legal compliance is unsatisfactory, * * * its authorizer shall notify promptly
the charter school of the problem and provide reasonable opportunity for the school
to remedy the problem unless the problem warrants revocation, in which case the
revocation timeframes will apply.
(4)
* * * An
authorizer may take appropriate corrective actions or exercise sanctions in
response to * * *
clear and convincing evidence of deficiencies in a charter school's
performance or legal compliance. If warranted, the actions or sanctions may
include requiring a charter school to develop and execute a corrective action plan
within a specified timeframe.
SECTION 17. Section 37-28-33, Mississippi Code of 1972, is amended as follows:
37-28-33.
(1) The contract for a charter school or the term for a charter
school within a contract that includes more than one (1) school may be
renewed for successive five-year terms of duration. Any charter school
meeting its authorizer's expectations as evidenced by the school's most recent
overall performance framework results shall be renewed for a full term of five (5)
years. * * *
An authorizer may grant renewal with specific conditions for necessary
improvements to a charter school not meeting overall expectations on its
most recent performance framework, and may lessen the renewal term based on
the performance, demonstrated capacities and particular circumstances of each
charter school. A charter school renewed for fewer than five (5) years has
the same right to appeal as a charter school for which a charter is revoked or
not renewed. An authorizer must describe its rationale in writing for a
renewal of fewer than five (5) years in the same manner as required under
subsections (10) and (11) of this section.
(2)
Before September 30 of each year, * * * each authorizer shall issue a
charter school performance report and charter renewal application guidance to
any charter school whose charter term will expire the following year. The
performance report must summarize the charter school's performance record to
date, based on the data required by this chapter and the charter contract, and
must provide notice of any weaknesses or concerns perceived by the authorizer
which may jeopardize the charter school's position in seeking renewal if not timely
rectified. The charter school must respond and submit any corrections or
clarifications for the performance report within ninety (90) days after receiving
the report.
(3) The charter renewal application guidance must provide, at a minimum, an opportunity for the charter school to:
(a) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(b) Describe improvements undertaken or planned for the school; and
(c) Detail the school's plans for the next charter term.
(4) The charter renewal application guidance must include or refer explicitly to the criteria that will guide the authorizer's renewal decision, which must be based on the performance framework set forth in the charter contract and consistent with this chapter.
(5)
Before * * *
December 1 in the final year of charter school's approved term, the governing
board of a charter school seeking renewal shall submit a renewal application to * * * its authorizer or another authorizer
to which it is seeking transfer pursuant to the charter renewal application
guidance issued by * * *
that authorizer. The authorizer shall adopt a resolution ruling on the
renewal application no later than ninety (90) days after the filing of the renewal
application. However, nothing shall preclude a school from seeking, or
being granted, renewal in the penultimate year of its term, provided the school
meets overall expectations on its performance framework in the two (2) most
recent years of its operation.
(6)
In making each charter renewal decision, * * * an authorizer must:
(a) Ground its decision in evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract and the renewal criteria published in the authorizer's renewal application guidance;
(b) Ensure that data used in making the renewal decision is available to the school and the public; and
(c) Provide a public report summarizing the evidence that is the basis for the renewal decision.
(7)
A charter contract or the term of a charter school within a contract that
includes more than one (1) school must be revoked at any time or not renewed
if * * * its
authorizer determines by clear and convincing evidence that the charter
school has done any of the following or otherwise failed to comply with the
provisions of this chapter:
(a) Committed a material and substantial violation of any of the terms, conditions, standards or procedures required under this chapter or the charter contract;
(b) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract by the end of the contract term;
(c) Failed to meet generally accepted standards of fiscal management; or
(d) Substantially violated any material provision of law which is applicable to the charter school.
(8)
* * * Each
authorizer shall develop revocation and nonrenewal processes that:
(a) Provide the governing board of a charter school with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure, which are limited to those prescribed in subsection (7) of this section;
(b) Allow the governing board a reasonable amount of time in which to prepare a response;
(c) Provide the governing board with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose;
(d) Allow the governing board access to representation by counsel and to call witnesses on the school's behalf;
(e) Permit the recording of such proceedings; and
(f) After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the governing board.
(9)
* * *
Notwithstanding any provision to the contrary, the authorizer may not
renew the charter contract of any charter school, or the term of a charter
school within a contract of that includes more than one (1) school, that * * * is designated an "F" school under
the * * * Mississippi Public School Accountability
Standards for its three (3) most recent consecutive years of operation.
(10)
If * * * an
authorizer revokes or does not renew, or renews for less than a full term,
the contract of a charter school or the term of a charter school within
a contract that includes more than one (1) school, the authorizer must
state clearly, in a resolution * * * adopted by the authorizer * * *, the reasons for the revocation * * *, nonrenewal or shortened renewal
term, which shall be one or more of the reasons prescribed in subsection (7) of
this section.
(11)
Within ten (10) days after taking action to renew, not renew or revoke a charter
contract or the term of any charter school within a contract that includes more
than one (1) school, * * *the an authorizer shall provide a report to the charter
school. The report must include a copy of the authorizer's * * * resolution setting forth the action taken,
reasons for the * * *
authorizer's decision and assurances as to compliance with all of the
requirements set forth in this chapter.
SECTION 18. Section 37-28-35, Mississippi Code of 1972, is amended as follows:
37-28-35.
(1) Before implementing a charter school closure decision, * * * an authorizer must develop a charter
school closure protocol to ensure timely notification to parents, orderly transition
of students and student records to new schools, and proper disposition of
school funds, property and assets in accordance with the requirements of this
chapter. The protocol must specify tasks, timelines and responsible parties,
including delineating the respective duties of the school, its governing board
and nonprofit entity, and the authorizer. If a charter school is to be
closed for any reason, the authorizer shall oversee and work with the closing
school and its governing board and nonprofit entity to ensure a smooth
and orderly closure and transition for students and parents, as guided by the
closure protocol. No charter school shall be closed by its authorizer
before the end of the school year in which the decision for closure is made,
unless its authorizer determines that the health and safety of the students in
the school warrant its immediate closure.
(2)
If a charter school closes, all unspent government funds, unspent earnings
from those funds and assets purchased with government funds must revert to the
local school district in which the charter school is located unless the
school operates under a nonprofit entity authorized to operate more than one (1)
Mississippi school, in which the requirements of Section 37-28-21 shall apply.
Unless otherwise provided for in the charter contract or a debt instrument,
unspent funds from nongovernmental sources, unspent earnings from those funds,
assets purchased with those funds and debts of the school must revert to the
nonprofit entity * * * which held the charter contract for the school and
may be used, retained or disposed of according to applicable laws for nonprofit
corporations.
SECTION 19. Section 37-28-37, Mississippi Code of 1972, is amended as follows:
37-28-37.
(1) Before * * *
December 1 of each year, beginning in the year that * * * an authorizer has had at least
one (1) charter school operating for a full school year, * * *
each authorizer shall issue to the Governor, Legislature, State Board of
Education and the public an annual report on * * * its charter schools for the
preceding school year. * * *The report must include a comparison of the performance of charter school
students with the performance of academically, ethnically and economically comparable
groups of students in the school district in which a charter school is
located. In addition, The report must include the authorizer's
assessment of the successes, challenges and areas for improvement in meeting
the purposes of this chapter. The report also must include an assessment on
whether the number and size of operating charter schools are sufficient to meet
demand, as calculated according to admissions data and the number of students
denied enrollment based on lottery results.
(2)
* * *
Every five (5) years, beginning on July 1, 2025, each authorizer must issue a
supplementary report alongside its annual report described in subsection (1) of
this section. This report must compare the performance of all charter school
students in its authorized schools with the performance of academically,
racially and economically comparable groups of students, including students
with disabilities, in the school district in which each charter school is
located or from which a charter school draws its students. The report must use
statistically valid methodology for establishing comparability. The report and
its methodology shall not be used as part of an annual evaluation of a specific
charter school.
(3)
The report due from * * *
an authorizer under this section must be coordinated with reports due
from charter * * * schools, as near as possible, to decrease or
eliminate duplication.
(4) Beginning July 1, 2024, and every three (3) years thereafter, the State Auditor shall select a nationally recognized charter authorizing expert to evaluate the performance of each operating authorizer regarding, at a minimum, the following:
(a) The quality of its self-governance, policies and financial stewardship;
(b) The success of its authorizing portfolio, including the number and quality of applicants and approved applicants, as well as the performance of operating schools;
(c) Its fulfillment of the purposes for charter schooling as described in Section 37-28-3; and
(d) The authorizer's relationship with charter school stakeholders, including charter school leaders and governing boards, charter school families, charter school support organizations and advocacy groups, and the State Department of Education.
(5) Each authorizer shall pay the costs associated with the evaluation of its performance required by subsection (4) of this section, unless funds are appropriated by the Legislature to the State Auditor for this purpose. The State Auditor shall prepare a report for the Legislature based on the findings, which shall include whether any authorizer should be decommissioned or required to meet specific conditions for continued operation.
SECTION 20. Section 37-28-39, Mississippi Code of 1972, is amended as follows:
37-28-39. (1) Notwithstanding any provision of law to the contrary, to the extent that any provision of this chapter is inconsistent with any other state or local law, rule or regulation, the provisions of this act govern and are controlling.
(2)
* * *
The entity holding a charter contract, including a charter management
organization, and any education service provider which provides
comprehensive management for a charter school must be a nonprofit education
organization. A nonprofit entity that is party to a charter contract,
including a charter management organization, is a nongovernmental entity.
(3)
A charter school is subject to all federal laws and authorities specified in
this chapter or agreed upon with * * * an authorizer in the charter contract,
where such contracting is consistent with applicable laws, rules and
regulations.
(4)
To the extent approved by * * *the an authorizer, a charter contract may consist of
one or more schools. Each charter school that is part of a charter contract
must be separate and distinct from any other charter school for oversight
and renewal, nonrenewal or revocation purposes.
(5) A single governing board may hold one or more charter contracts.
(6)
The governing board of a nonprofit entity holding a charter contract for
more than one (1) school, including a charter management organization, shall
choose whether each school listed in its contract shall function as a local
educational agency or if the nonprofit entity will function as a local
educational agency. If a nonprofit entity only operates a single charter
school, the charter school must function as a local educational agency. In
such cases, a single charter school functioning as a local educational agency
does not become a separate legal entity from the nonprofit entity holding the charter
contract. * * * Any
local education agency composed of one or more charter schools is
responsible for meeting the requirements of local educational agencies under
applicable federal laws, including those relating to special education, receipt
of funds and compliance with funding requirements. Status as a local
educational agency, however, does not preclude the governing board of a
charter school from developing, by mutual agreement or formal contract, links
with the local school district for services, resources and programs. A
charter school shall pay to a local school district any federal or state aid
attributable to a student with a disability attending the charter school in proportion
to the level of services for that student which the local school district
provides directly or indirectly.
SECTION 21. Section 37-28-41, Mississippi Code of 1972, is amended as follows:
37-28-41.
* * *
The nonprofit entity holding a charter contract may exercise those
powers necessary for carrying out the terms of its charter contract, including,
but not limited to, the following powers:
(a) To receive and disburse funds authorized by law for school purposes;
(b) To secure appropriate insurance and to enter into contracts and leases;
(c) To contract with an education service provider for the management and operation of the charter school so long as the school's governing board retains oversight authority over the school;
(d) To contract with a school district or private provider to provide transportation to the school's students;
(e) To negotiate and enter into a contract for the provision of and payment for special education services with a local school district, including, but not necessarily limited to, a reasonable reserve not to exceed five percent (5%) of the local school district's total special education services budget. The reserve may be used by the local school district only to offset excess costs of providing services to students with disabilities enrolled in the charter school;
(f) To contract with an accredited online course provider for the delivery of virtual courses to students enrolled in the charter school;
( * * *g) To solicit and accept any gifts or
grants for school purposes subject to applicable laws and the terms of its
charter contract;
( * * *h) To acquire real property for use as
its facility or facilities, from public or private sources; and
( * * *i) To sue and be sued in its own name.
SECTION 22. Section 37-28-43, Mississippi Code of 1972, is amended as follows:
37-28-43. (1) A charter school may not discriminate against any person on the basis of race, creed, color, sex, disability, national origin or any other category that would be unlawful if done by a noncharter public school.
(2) A charter school may not engage in any sectarian practices in its educational program, admissions or employment policies or operations.
(3)
A charter school may not discriminate against any student on the basis of
national origin, minority status or limited proficiency in English. Consistent
with federal civil rights laws, charter schools must provide * * * students designated
as English language learners with appropriate services designed to teach
them English and the general curriculum.
(4) A charter school may not charge tuition or fees that would be unlawful if charged by a noncharter public school, except as permitted pursuant to Section 37-7-335.
* * *
SECTION 23. Section 37-28-45, Mississippi Code of 1972, is amended as follows:
37-28-45. (1) Charter schools are subject to the same civil rights, health and safety requirements applicable to noncharter public schools in the state, except as otherwise specifically provided in this chapter.
(2)
Charter schools are subject to the student assessment * * * requirements applicable to
noncharter public schools in the state and must receive a performance
classification from the State Department of Education; however, this
requirement does not preclude a charter school from establishing additional
student assessment measures that go beyond state requirements * * *.
(3)
Although a charter school is geographically located within the boundaries of a
particular school district * * * may enroll students who
reside within the school district, the charter school may not be considered a
school within that district under the purview of the school district's school
board. The rules, regulations, policies and procedures established by the
school board for the noncharter public schools that are in the school district
in which the charter school is geographically located do not apply to the
charter school unless otherwise required under the charter contract or any
contract entered into between the charter school's governing board and
the local school board.
(4) Whenever the provisions of Title 37, Mississippi Code of 1972, relating to the elementary and secondary education of public school students establish a requirement for or grant authority to local school districts, their school boards and the schools within the respective school districts, the language "school districts," "school boards," "boards of trustees," "the schools within a school district," or any other similar phraseology does not include a charter school and the governing board of a charter school unless the statute specifically is made applicable to charter schools as well as noncharter public schools.
(5)
A charter school is not subject to any rule, regulation, policy or procedure
adopted by the State Board of Education or the State Department of Education
unless such rule, regulation, policy, or procedure is or was adopted pursuant
to a law applicable to charter schools, including federal law, or otherwise
required by the * * * this chapter. An authorizer may not
make any rule, regulation, policy or procedure adopted by the State Board of
Education or the State Department of Education applicable to charter schools
which is not otherwise applicable under this chapter.
(6) Charter schools, and their governing boards when conducting charter school business, are not exempt from the following statutes:
(a) Chapter 41, Title 25, Mississippi Code of 1972, which relate to open meetings of public bodies.
(b) Chapter 61, Title 25, Mississippi Code of 1972, which relate to public access to public records.
(c) Section 37-3-51, which requires notice by the district attorney of licensed school employees who are convicted of certain sex offenses.
(d) Section 37-3-53, which requires publication of the Mississippi Report Card by the State Board of Education.
(e) Section 37-11-18, which requires the automatic expulsion of a student possessing a weapon or controlled substance on educational property.
(f) Section 37-11-18.1, which requires expulsion of certain habitually disruptive students.
(g) Section 37-11-19, which requires suspension or expulsion of a student who damages school property.
(h) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school.
(i) Section 37-11-21, which prohibits parental abuse of school staff.
(j) Section 37-11-23, which prohibits the willful disruption of school and school meetings.
(k) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property.
(l) Section 37-11-67, which prohibits bullying or harassing behavior in public schools.
(m) Section 37-13-3, which prohibits doctrinal, sectarian or denominational teaching in public schools.
(n) Sections 37-13-5 and 37-13-6, which require the flags of the United States and the State of Mississippi to be displayed near the school building.
(o) Section 37-13-63(1), which prescribes the minimum number of days which public schools must be kept in session during a scholastic year.
(p) Section 37-13-91, which is the Mississippi Compulsory School Attendance Law.
(q) Section 37-13-171(2) and (4), which requires any course containing sex-related education to include instruction in abstinence-only or abstinence-plus education.
(r) Section 37-13-173, which requires notice to parents before instruction on human sexuality is provided in public classrooms.
(s) Section 37-13-193, which relates to civil rights and human rights education in the public schools.
(t) Sections 37-15-1 and 37-15-3, which relate to the maintenance and transfer of permanent student records in public schools.
(u) Section 37-15-6, which requires the State Department of Education to maintain a record of expulsions from the public schools.
(v) Section 37-15-9, which establishes minimum age requirements for kindergarten and first grade enrollment in public schools.
(w) Section 37-15-11, which requires a parent, legal guardian or custodian to accompany a child seeking enrollment in a public school.
(x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, which relate to the statewide assessment testing program.
(y) Section 37-18-1, which establishes the Superior-Performing Schools Program and Exemplary Schools Program to recognize public schools that improve.
SECTION 24. Section 37-28-47, Mississippi Code of 1972, is amended as follows:
37-28-47.
(1) (a) Charter schools must comply with applicable federal laws, rules and
regulations regarding the qualification of teachers and other instructional
staff. No more than * * * fifty percent (50%) of teachers in a charter
school may be exempt from state teacher licensure requirements. Provisionally
licensed teachers as well as licensed teachers teaching out of field may not be
counted against a charter school's fifty percent (50%) exemption. An authorizer
may consider the small staff size of the school in determining what
consequences apply in cases where more than fifty percent (50%) of a charter
school's staff is unlicensed. Administrators of charter schools are exempt
from state administrator licensure requirements. However, teachers and
administrators must have a bachelor's degree as a minimum requirement, and
teachers must have demonstrated subject-matter competency. Within three (3)
years of a teacher's employment by a charter school, the teacher must have, at
a minimum, alternative licensure approved by the Commission on Teacher and
Administrator Education, Certification and Licensure and Development.
(b)
A charter school may not staff positions for teachers, administrators,
ancillary support personnel or other employees by utilizing or otherwise relying
on nonimmigrant foreign worker visa programs. However, a charter school may
submit a request to * * *
its authorizer for an exception allowing the employment of a nonimmigrant
foreign worker before the worker is employed. The authorizer may grant permission
for the employment of the nonimmigrant foreign worker only if the charter
school makes a satisfactory showing of efforts to recruit lawful permanent
residents of the United States to fill the position and a lack of qualified applicants
to fill the position.
(2) Employees in charter schools must have the same general rights and privileges as other public school employees, except such employees are not:
(a) Covered under the Education Employment Procedures Law (Section 37-9-103); and
(b) Subject to the state salary requirements prescribed in Section 37-19-7.
(3)
For the purpose of eligibility for participation in the Public Employees'
Retirement System, a public charter school is considered to be a political
subdivision of the state; however, the nonprofit entity holding the charter
contract is not a political subdivision. Employees * * * paid through governmental funds, which are provided
for the operation of a public charter school, are eligible for participation in
the Public Employee's Retirement System, as well as other benefits programs, if
the governing board of the nonprofit entity holding the charter contract
chooses for the charter school to participate.
SECTION 25. Section 37-28-49, Mississippi Code of 1972, is amended as follows:
37-28-49.
(1) Charter school teachers and other school personnel, as well as members of
the governing board and any education service provider with whom * * * the governing board contracts,
are subject to criminal history record checks and fingerprinting requirements
applicable to employees of other public schools. * * * Each authorizer shall require that
current criminal records background checks and current child abuse registry
checks are obtained, and that the criminal record information and registry
checks are on file at the charter school for any * * * employee.
In order to determine an applicant's suitability for employment, the applicant
must be fingerprinted. If no disqualifying record is identified at the state
level, the fingerprints must be forwarded by the Department of Public Safety to
the Federal Bureau of Investigation for a national criminal history record check.
Under no circumstances may * * * anyone associated with an authorizer, member of * * * a charter school governing board or
any individual other than the subject of the criminal history record checks view
or disseminate information received through the checks except as may be
required to fulfill the purposes of this section. The determination whether the
applicant has a disqualifying crime, as set forth in subsection (2) of this
section, must be made by the appropriate state or federal governmental
authority, which must notify the charter school whether a disqualifying crime
exists.
(2)
If the fingerprinting or criminal record checks disclose a felony conviction,
guilty plea or plea of nolo contendere to a felony of possession or sale of
drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense
listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary,
gratification of lust or aggravated assault which has not been reversed on
appeal or for which a pardon has not been granted, the * * * applicant is not eligible to be
employed at the charter school. However, the charter school, in its discretion,
may allow any applicant aggrieved by the employment decision under this section
to show mitigating circumstances that exist and may allow, subject to the
approval of * * * its authorizer,
the * * *
applicant to be employed at the school. * * * An authorizer may approve the
employment depending on the mitigating circumstances, which may include, but
need not be limited to: (a) age at which the crime was committed; (b) circumstances
surrounding the crime; (c) length of time since the conviction and criminal
history since the conviction; (d) work history; (e) current employment and
character references; and (f) other evidence demonstrating the ability of the person
to perform the employment responsibilities competently and that the person does
not pose a threat to the health or safety of children.
(3)
No charter school, charter school employee, member of the charter school
governing board * * * or member or employee of * * *
an authorizer may be held liable in any employment discrimination suit
in which an allegation of discrimination is made regarding an employment decision
authorized under this section.
(4) A charter school shall terminate any teacher or administrator for committing one or more of the following acts:
(a)
Engaging in unethical conduct relating to an educator-student relationship as
identified by the Mississippi * * * Educator Code
of Ethics;
(b) Fondling a student as described in Section 97-5-23 or engaging in any type of sexual involvement with a student as described in Section 97-3-95; or
(c) Failure to report sexual involvement of a charter school employee with a student as required by Section 97-5-24.
SECTION 26. Section 37-28-51, Mississippi Code of 1972, is brought forward as follows:
37-28-51. A charter school is eligible to participate in state-sponsored or district-sponsored athletic and academic interscholastic leagues, competitions, awards, scholarships and recognition programs for students, educators, administrators and schools to the same extent as noncharter public schools.
SECTION 27. Section 37-28-53, Mississippi Code of 1972, is amended as follows:
37-28-53.
(1) Each charter school, or charter management organization, on its behalf,
shall certify annually to the State Department of Education * * * information
necessary to calculate the charter school's state share of and local contribution
to the state public school funding formula as established in Chapter 151, Title
37, Mississippi Code of 1972. Nothing in this section shall be construed to
allow the State Department of Education to collect information not necessary
for these calculations unless otherwise specifically authorized by law.
(2) Each charter school shall certify annually to the school board of the school district in which the charter school is located the number of enrolled charter school students residing in the school district.
SECTION 28. Section 37-28-55, Mississippi Code of 1972, is amended as follows:
37-28-55.
(1) (a) The State Department of Education shall make payments to charter schools
for each student * * * enrolled, as annually
projected by the terms of the charter contract or as otherwise projected by the
charter school with approval of its authorizer, equal to the state share of
the * * * state public school funding formula payments for each
student * * *.
In calculating the local contribution for purposes of determining the state share
of the * * * state public school funding formula payments, the department
shall deduct the pro rata local contribution of the school district in which the
student resides, to be determined as provided in Section 37-151-7(2)(a).
(b)
Payments made pursuant to this subsection by the State Department of Education must
be made at the same time and in the same manner as * * * state public
school funding formula payments are made to school districts under Sections
37-151-101 and 37-151-103. Amounts payable to a charter school must be determined
by the State Department of Education pursuant to this section and Chapter
151, Title 37, Mississippi Code of 1972. * * * Enrollment projections used to determine the
number of enrolled charter school students for calculating the state share
payment must be reconciled with * * * a charter school's average daily * * * membership using months two (2)
and three (3) * * *
for the * * *
year for which * * * state public school funding formula funds are
being appropriated and any necessary adjustments must be made to payments during
the school's following year of operation. Any necessary adjustment shall be
based on the state share of the per pupil amount in effect for the year for
which average daily membership did not meet enrollment projections and not any
new amount appropriated for the year in which the adjustment will be made. If
a school is closed by its authorizer prior to the following year, it must pay
to the state any amounts due prior to completion of the closure.
(2)
(a) For students attending a charter school located in the school district
in which the student resides, the school district in which * * * the charter school is located shall pay
directly to the charter school an amount * * *
as follows: the sum of the pro rata ad valorem tax receipts and in-lieu payments
received * * *
for the support of the local school district in which the student resides * * * as required by Sections 37-57-1
(local contribution to the adequate education program) and 37-57-105 (school district
operational levy) * * *
multiplied by the number of resident students enrolled in the charter
school, based on the charter school's months two (2) and three (3) average
daily membership of resident students for the current school year. However,
the amount paid to the charter school may not include any taxes levied for the
retirement of the local school district's bonded indebtedness or short-term notes
or any taxes levied for the support of vocational-technical education programs.
* * *
(b)
The pro rata amount * * *
shall be calculated by dividing the sum of:
(i)
The local school district's months * * * two (2) and three (3)
average daily membership of the previous school year;
(ii) The average daily membership of resident students who were attending charter schools for months two (2) and three (3) of the current school year;
(iii)
Subtracting from the average daily membership of charter schools any students
who transferred from the school district to a charter school after the previous
school year so as not to double-count them, into the total amount of ad valorem
receipts and in-lieu receipts of the school district, as reported to the
State Department of Education by the local school district. * * *
(c)
The amount must be paid by the school district to the charter school before January
16 of the current fiscal year. If the local school district does not pay the required
amount to the charter school before January 16, the State Department of Education
shall reduce the local school district's January transfer of * * * state
public school funding formula funds by the amount owed to the charter school
and shall redirect that amount to the charter school. Any such payments made under
this subsection (2) by the State Department of Education to a charter school * * * shall be made at the same time and in
the same manner as * * * state public school funding formula payments
are made to school districts under Sections 37-151-101 and 37-151-103.
(3)
(a) For students attending a charter school located in a school district
in which the student does not reside, the State Department of Education shall pay
to the charter school in which * * * such students are enrolled
an amount as follows: the pro rata ad valorem receipts and in-lieu payments * * * received for the support of the
local school district in which the student resides * * * as required by Sections 37-57-1 (local
contribution to the * * * state public school funding formula) and 37-57-105
(school district operational levy), multiplied by the number of students
enrolled in the charter school but residing in that district, based on the
charter school's months two (2) and three (3) average daily membership of these
students for the current school year. However, * * * the amount paid to the charter
school may not include any taxes levied for the retirement of the local school
district's bonded indebtedness or short-term notes or any taxes levied for the support
of vocational-technical education programs. * * *
(b)
The pro rata * * *
ad valorem receipts and in-lieu payments as described in subsection (3)(a)
of this section must be calculated by dividing the sum of the following into
the total amount of ad valorem receipts and in-lieu receipts, as reported to the
State Department of Education by the transferor local school district:
(i)
Local school district's months * * * two (2) and three (3)
average daily membership of the previous school year;
(ii) The average daily membership of students residing in the district who were attending charter schools for months two (2) and three (3) of the current school year; and
(iii) Subtracting from the average daily membership of charter schools, any students who transferred from the school district to a charter school after the previous school year so as not to double-count them.
* * *
(c)
The State Department of Education shall reduce the school district's January transfer
of * * * state public school funding formula funds by
the amount owed to the charter school and shall redirect that amount to the charter
school. Any such payments made under this subsection (3) by the State Department
of Education to a charter school must be made at the same time and in the same manner
as * * *
state public school funding formula payments are made to school districts
under Sections 37-151-101 and 37-151-103.
(4)
* * * The State
Department of Education shall direct the proportionate share of monies generated
under federal and state categorical aid programs or any student weights as
designated in the state public school funding formula, including, but limited
to, special education, vocational, gifted and alternative school programs, to
charter schools serving students eligible for such * * * funding. The department shall ensure
that charter schools with rapidly expanding enrollments are treated equitably in
the calculation and disbursement of all federal and state categorical aid program
dollars or weighted student dollars. Each charter school that serves students
who may be eligible to receive services provided through such programs shall comply
with all reporting requirements to receive the aid.
* * *
* * *
(6) The State Department of Education shall disburse Education Enhancement Funds for classroom supplies, instructional materials and equipment, including computers and computer software to all eligible charter school teachers on the same basis and in the same manner as it is paid to school districts under Section 37-61-33(3)(a)(iii) for the purpose of issuing procurement cards or credentials for a digital solution to eligible teachers.
(7) Payments for charter schools operated by a charter management organization shall, if requested by the charter management organization, be made to the charter management organization rather than to the individual schools.
SECTION 29. Section 37-28-57, Mississippi Code of 1972, is amended as follows:
37-28-57. (1) (a) A charter school must adhere to generally accepted accounting principles as determined by the Financial Accounting Standards Board. The State Auditor, in consultation with nationally recognized experts in charter school financial accountability, shall develop financial rules and regulations, including a financial accounting manual, for charter schools that ensure accountability, transparency and comparability but reflect charter schools' autonomy and the nongovernmental, nonprofit status of the entities which hold their contracts.
(b) Charter schools shall not be required to adhere to the financial accounting manual in use by the Mississippi Department of Education for school districts or any Mississippi Department of Education financial policy or procedure whose legal authority derives from a law not applicable to charter schools, unless otherwise made applicable by this chapter. Charter schools must comply with financial policies required for receipt and use of federal funds.
(2)
A nonprofit entity holding a charter contract for one or more charter
schools shall have its financial records audited annually, with each
school reported as a program under the entity, at the end of each fiscal
year, either by the State Auditor or by a certified public accountant approved
by the State Auditor. However, a certified public accountant may not be
selected to perform the annual audit of a nonprofit entity holding a charter
contract for one or more charter schools * * * for more than three (3) consecutive years. Certified public
accountants must be selected in a manner determined by the State Auditor. The * * * nonprofit entity shall
file a copy of * * *
its audit report and accompanying management letter with * * * its authorizer before * * * December 1 of the calendar year the
audit is conducted.
(3) A nonprofit entity holding a charter contract for one or more charter schools shall not be required to report duplicative information, financial or otherwise, to both the State Department of Education and its authorizer on behalf of its schools. The State Department of Education and each authorizer shall enact a process to share relevant information as required by this chapter such that a nonprofit entity holding a charter contract for one or more charter schools must only report such information once.
SECTION 30. Section 37-28-59, Mississippi Code of 1972, is brought forward as follows:
37-28-59. (1) Any monies received by a charter school from any source remaining in the charter school's accounts at the end of a budget year must remain in the charter school's accounts for use by the charter school during subsequent budget years.
(2) Nothing in this chapter may be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of a charter school. The governing board of a charter school may accept gifts, donations and grants of any kind made to the charter school and may expend or use such gifts, donations and grants in accordance with the conditions prescribed by the donor; however, a gift, donation or grant may not be accepted if it is subject to a condition that is contrary to any provision of law or term of the charter contract.
(3) A charter school must disclose publicly all sources of private funding and all funds received from foreign sources, including gifts from foreign governments, foreign legal entities and domestic entities affiliated with either foreign governments or foreign legal entities. For the purposes of this subsection, the term "foreign" means a country or jurisdiction outside of any state or territory of the United States.
SECTION 31. Section 37-28-61, Mississippi Code of 1972, is brought forward as follows:
37-28-61. (1) A charter school has a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or unused portions of a public school facility or property in the school district in which the charter school is located if the school district decides to sell or lease the public school facility or property. If a conversion charter school application is successful, the local school district owning the conversion charter school's facility must offer to lease or sell the building to the conversion charter school at or below fair market value.
(2) A charter school may negotiate and contract at or below fair market value with a school district, state institution of higher learning, public community or junior college, or any other public or for-profit or nonprofit private entity for the use of a facility for a school building.
(3) Public entities, including, but not limited to, libraries, community service organizations, museums, performing arts venues, theatres, cinemas, churches, community and junior colleges, colleges and universities, may provide space to charter schools within their facilities under their preexisting zoning and land use designations.
SECTION 32. Section 31-7-1, Mississippi Code of 1972, is amended as follows:
31-7-1. The following terms are defined for the purposes of this chapter to have the following meanings:
(a) "Agency" means any state board, commission, committee, council, university, department or unit thereof created by the Constitution or statutes if such board, commission, committee, council, university, department, unit or the head thereof is authorized to appoint subordinate staff by the Constitution or statute, except a legislative or judicial board, commission, committee, council, department or unit thereof; except a charter school authorized by the Mississippi Charter School Authorizer Board or any other charter school authorizing entity under the provisions of Section 37-28-7; and except the Mississippi State Port Authority; except the Mississippi School of the Arts (MSA) established in Section 37-140-1 et seq. for the sole purpose of the application of the term "agency" as it pertains to the Public Procurement Review Board's powers and responsibilities as defined in Section 27-104-7(2)(a), but without application to the use of the term within this chapter, effective July 1, 2020; and except the Mississippi School for the Blind and the Mississippi School for the Deaf (MSBD) for the sole purpose of the application of the term "agency" as it pertains to the Public Procurement Review Board's powers and responsibilities as defined in Section 27-104-7(2)(a), but without application to the use of the term within this chapter, effective July 1, 2021. An academic medical center or health sciences school as defined in Section 37-115-50 is not an "agency" for those purchases of commodities as defined in this section that are used for clinical purposes and (i) intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease, and (ii) medical devices, biological, drugs and radiation emitting devices as defined by the United States Food and Drug Administration.
(b) "Governing authority" means boards of supervisors, governing boards of all school districts, all boards of directors of public water supply districts, boards of directors of master public water supply districts, municipal public utility commissions, governing authorities of all municipalities, port authorities, Mississippi State Port Authority, commissioners and boards of trustees of any public hospitals, boards of trustees of public library systems, district attorneys, school attendance officers and any political subdivision of the state supported wholly or in part by public funds of the state or political subdivisions thereof, including commissions, boards and agencies created or operated under the authority of any county or municipality of this state. The term "governing authority" shall not include economic development authorities supported in part by private funds, or commissions appointed to hold title to and oversee the development and management of lands and buildings which are donated by private individuals to the public for the use and benefit of the community and which are supported in part by private funds. The term "governing authority" also shall not include the governing board of a charter school. The term "governing authority" also shall not include the Mississippi School of the Arts established in Section 37-140-1 et seq., for the sole purpose of the application of the term "agency" as it pertains to the Public Procurement Review Board's powers and responsibilities as defined in Section 27-104-7(2)(a), but without application to the use of the term within this chapter, effective July 1, 2020. The term "governing authority" also shall not include the Mississippi School for the Blind and the Mississippi School for the Deaf (MSBD) for the sole purpose of the application of the term "governing authority" as it pertains to the Public Procurement Review Board's powers and responsibilities as defined in Section 27-104-7(2)(a), but without application to the use of the term within this chapter, effective July 1, 2021.
(c) "Purchasing agent" means any administrator, superintendent, purchase clerk or other chief officer so designated having general or special authority to negotiate for and make private contract for or purchase for any governing authority or agency, including issue purchase orders, invitations for bid, requests for proposals, and receive and accept bids.
(d) "Public funds" means and includes any appropriated funds, special funds, fees or any other emoluments received by an agency or governing authority.
(e) "Commodities" means and includes the various commodities, goods, merchandise, furniture, equipment, automotive equipment of every kind, and other personal property purchased by the agencies of the state and governing authorities, but not commodities purchased for resale or raw materials converted into products for resale.
(i) "Equipment" shall be construed to include: automobiles, trucks, tractors, office appliances and all other equipment of every kind and description.
(ii) "Furniture" shall be construed to include: desks, chairs, tables, seats, filing cabinets, bookcases and all other items of a similar nature as well as dormitory furniture, appliances, carpets and all other items of personal property generally referred to as home, office or school furniture.
(f) "Emergency" means any circumstances caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection or caused by any inherent defect due to defective construction, or when the immediate preservation of order or of public health is necessary by reason of unforeseen emergency, or when the immediate restoration of a condition of usefulness of any public building, equipment, road or bridge appears advisable, or in the case of a public utility when there is a failure of any machine or other thing used and useful in the generation, production or distribution of electricity, water or natural gas, or in the transportation or treatment of sewage; or when the delay incident to obtaining competitive bids could cause adverse impact upon the governing authorities or agency, its employees or its citizens; or in the case of a public airport, when the delay incident to publishing an advertisement for competitive bids would endanger public safety in a specific (not general) manner, result in or perpetuate a specific breach of airport security, or prevent the airport from providing specific air transportation services.
(g) "Construction" means the process of building, altering, improving, renovating or demolishing a public structure, public building, or other public real property. It does not include routine operation, routine repair or regularly scheduled maintenance of existing public structures, public buildings or other public real property.
(h) "Purchase" means buying, renting, leasing or otherwise acquiring.
(i) "Certified purchasing office" means any purchasing office in which fifty percent (50%) or more of the purchasing agents hold a certification from the Universal Public Purchasing Certification Council or other nationally recognized purchasing certification, and in which, in the case of a state agency purchasing office, in addition to the national certification, one hundred percent (100%) of the purchasing officials hold a certification from the State of Mississippi's Basic or Advanced Purchasing Certification Program.
(j) "Certified Mississippi Purchasing Agent" means a state agency purchasing official who holds a certification from the Mississippi Basic Purchasing Certification Program as established by the Office of Purchasing, Travel and Fleet Management.
(k) "Certified Mississippi Procurement Manager" means a state agency purchasing official who holds a certification from the Mississippi Advanced Purchasing Certification Program as established by the Office of Purchasing, Travel and Fleet Management.
SECTION 33. Section 37-3-51, Mississippi Code of 1972, is amended as follows:
37-3-51. (1) Upon the conviction of any licensed personnel, as defined in Section 37-9-1, employed by a public school district or any person employed by a charter or private elementary or secondary school in a position that requires licensure in the public school districts, of any felony, or of a sex offense as defined in subsection (2) of this section, the district attorney or other prosecuting attorney shall identify those defendants for the circuit clerk. Each circuit clerk shall provide the State Department of Education with notice of the conviction of any such personnel of a felony or a sex offense. In addition, if the convicted person is an employee of a charter school, the circuit clerk must provide the same notice to the Mississippi Charter School Authorizer Board or the appropriate entity empowered under the provisions of Section 37-28-7 to authorize charter schools.
(2) "Sex offense" shall mean any of the following offenses:
(a) Section 97-3-65, Mississippi Code of 1972, relating to the carnal knowledge of a child under fourteen (14) years of age;
(b) Section 97-3-95, Mississippi Code of 1972, relating to sexual battery;
(c) Section 97-5-21, Mississippi Code of 1972, relating to seduction of a child under age eighteen (18);
(d) Section 97-5-23, Mississippi Code of 1972, relating to the touching of a child for lustful purposes;
(e) Section 97-5-27, Mississippi Code of 1972, relating to the dissemination of sexually oriented material to children;
(f) Section 97-5-33, Mississippi Code of 1972, relating to the exploitation of children;
(g) Section 97-5-41, Mississippi Code of 1972, relating to the carnal knowledge of a stepchild, adopted child, or child of a cohabitating partner;
(h) Section 97-29-59, Mississippi Code of 1972, relating to unnatural intercourse; or
(i) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.
(3) In addition, the State Department of Education is considered to be the employer of such personnel for purposes of requesting criminal record background checks.
SECTION 34. Section 37-17-1, Mississippi Code of 1972, is amended as follows:
37-17-1. (1) The power and authority to prescribe standards for the accreditation of noncharter public schools, to insure compliance with such standards and to establish procedures for the accreditation of noncharter public schools is hereby vested in the State Board of Education. The board shall, by orders placed upon its minutes, adopt all necessary rules and regulations to effectuate the purposes of this chapter and shall provide, through the State Department of Education, for the necessary personnel for the enforcement of standards so established.
(2)
A charter school authorized by * * *
a charter school authorizing entity under the provisions of Section 37-28-7
must be granted accreditation by the State Board of Education based solely on
the approval of the school by the authorizer. If * * * an authorizer, at any time, revokes
a school's charter, the State Board of Education shall withdraw the
accreditation of the charter school immediately.
SECTION 35. Section 37-21-3, Mississippi Code of 1972, is amended as follows:
37-21-3. (1) No person shall act in the capacity of master teacher, teacher or assistant teacher in any federal or state-funded program of early childhood education or "Head Start," or perform any of the functions, duties or powers of the same, unless that person shall be qualified in the following manner:
(a) A master teacher or any other employee or consultant receiving a salary or fee equivalent to that of a master teacher shall meet the qualifications of a teacher in this section, including the requirement that a teacher may be required to hold a state teaching license by the State Department of Education, and have demonstrated effectiveness as an early childhood educator. Effectiveness as an early childhood educator may be demonstrated by a rating of highly effective on a state evaluation of teaching, if available, or with evidence that the teacher has a record of raising the achievement outcomes of prekindergarten students.
(b) A teacher shall possess a bachelor's degree in early childhood education, child development, or an equivalent field. A teacher may also possess a bachelor's degree in any field as well as have at least twelve (12) credit hours of coursework in early childhood education, child development, or an equivalent field approved by an institution granting a bachelor's degree in the early childhood education, child development, or an equivalent field; or have a bachelor's degree in any field as well as have completed a specialized early childhood training program deemed equivalent by the State Department of Education to twelve (12) hours of approved coursework.
(c) An assistant teacher shall possess an associate's degree in early childhood education, child development, or an equivalent field; or an associate's degree in any field and a Child Development Associate credential, a Montessori certification, or an equivalent certification. Public school assistant teachers in the voluntary prekindergarten program established by the Early Learning Collaborative Act of 2013 may be required by the State Department of Education to meet the definition of a highly qualified paraprofessional in addition to these requirements.
The State Department of Education shall adopt any necessary rules, policies or procedures to implement this section.
(2) Persons employed as a teacher, assistant teacher
or in any other capacity in a prekindergarten or early childhood education
program in a charter school authorized by * * *
a charter school authorizing entity under
the provisions of Section 37-28-7 are
exempt from the requirements of this section.
SECTION 36. Section 37-41-1, Mississippi Code of 1972, is amended as follows:
37-41-1. The State Board of Education is authorized, empowered and directed to promulgate rules and regulations relating to the transportation of students enrolled in the public school districts, including rules and regulations for:
(a) Setting standards for public school district bus routes;
(b) Setting standards for public school district buses;
(c) Setting standards for public school district bus drivers;
(d) Formulating procedure for selecting public school district bus drivers;
(e) Formulating courses of training for public school district bus drivers and mechanics, and assist in administering and financing such courses;
(f) Providing operation procedure for public school district buses to insure safety of pupils;
(g) Formulating specifications for use in purchasing public school district buses; getting bids on public school district buses; equipment and supplies; and fixing prices based upon said bids which school districts may not exceed in purchasing said equipment;
(h) Formulating specifications for use by school districts in purchasing used school buses; and
(i) Providing a system of records and reports for the purpose of carrying out the provisions of Sections 37-41-1 through 37-41-51, and providing the superintendent of schools with a sufficient supply of report forms.
All rules and regulations adopted and promulgated by the State Board of Education relating to school district bus drivers shall also be applicable to drivers of privately owned buses transporting public school district children.
All rules and regulations adopted and promulgated by the State Board of Education pursuant to the authority conferred by this section shall be spread at large upon the minutes of the State Board of Education and copies thereof shall be furnished to all school boards not less than thirty (30) days prior to the effective date of such rules and regulations.
The
provisions of this chapter are applicable to school districts and the
transportation of students enrolled in public school districts. Charter
schools authorized by * * * a charter school authorizing
entity under the provisions of Section 37-28-7 are exempt from the
provisions of this chapter.
SECTION 37. Section 37-151-5, Mississippi Code of 1972, is amended as follows:
37-151-5. As used in Sections 37-151-5 and 37-151-7:
(a) "Adequate program" or "adequate education program" or "Mississippi Adequate Education Program (MAEP)" shall mean the program to establish adequate current operation funding levels necessary for the programs of such school district to meet at least a successful Level III rating of the accreditation system as established by the State Board of Education using current statistically relevant state assessment data.
(b) "Educational programs or elements of programs not included in the adequate education program calculations, but which may be included in appropriations and transfers to school districts" shall mean:
(i) "Capital outlay" shall mean those funds used for the constructing, improving, equipping, renovating or major repairing of school buildings or other school facilities, or the cost of acquisition of land whereon to construct or establish such school facilities.
(ii) "Pilot programs" shall mean programs of a pilot or experimental nature usually designed for special purposes and for a specified period of time other than those included in the adequate education program.
(iii) "Adult education" shall mean public education dealing primarily with students above eighteen (18) years of age not enrolled as full-time public school students and not classified as students of technical schools, colleges or universities of the state.
(iv) "Food service programs" shall mean those programs dealing directly with the nutritional welfare of the student, such as the school lunch and school breakfast programs.
(c) "Base student" shall mean that student classification that represents the most economically educated pupil in a school system meeting the definition of successful, as determined by the State Board of Education.
(d) "Base student cost" shall mean the funding level necessary for providing an adequate education program for one (1) base student, subject to any minimum amounts prescribed in Section 37-151-7(1).
(e) "Add-on program costs" shall mean those items which are included in the adequate education program appropriations and are outside of the program calculations:
(i) "Transportation" shall mean transportation to and from public schools for the students of Mississippi's public schools provided for under law and funded from state funds.
(ii) "Vocational or technical education program" shall mean a secondary vocational or technical program approved by the State Department of Education and provided for from state funds.
(iii) "Special education program" shall mean a program for exceptional children as defined and authorized by Sections 37-23-1 through 37-23-9, and approved by the State Department of Education and provided from state funds.
(iv) "Gifted education program" shall mean those programs for the instruction of intellectually or academically gifted children as defined and provided for in Section 37-23-175 et seq.
(v) "Alternative school program" shall mean those programs for certain compulsory-school-age students as defined and provided for in Sections 37-13-92 and 37-19-22.
(vi) "Extended school year programs" shall mean those programs authorized by law which extend beyond the normal school year.
(vii) "University-based programs" shall mean those university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq.
(viii) "Bus driver training" programs shall mean those driver training programs as provided for in Section 37-41-1.
(f) "Teacher" shall include any employee of a local school who is required by law to obtain a teacher's license from the State Board of Education and who is assigned to an instructional area of work as defined by the State Department of Education.
(g) "Principal" shall mean the head of an attendance center or division thereof.
(h) "Superintendent" shall mean the head of a school district.
(i) "School district" shall mean any type of school district in the State of Mississippi, and shall include agricultural high schools.
(j) "Minimum school term" shall mean a term of at least one hundred eighty (180) days of school in which both teachers and pupils are in regular attendance for scheduled classroom instruction for not less than sixty-three percent (63%) of the instructional day, as fixed by the local school board for each school in the school district. It is the intent of the Legislature that any tax levies generated to produce additional local funds required by any school district to operate school terms in excess of one hundred seventy-five (175) days shall not be construed to constitute a new program for the purposes of exemption from the limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs mandated by the Legislature.
(k) The term "transportation density" shall mean the number of transported children in average daily attendance per square mile of area served in a school district, as determined by the State Department of Education.
(l) The term "transported children" shall mean children being transported to school who live within legal limits for transportation and who are otherwise qualified for being transported to school at public expense as fixed by Mississippi state law.
(m) The term "year of teaching experience" shall mean nine (9) months of actual teaching in the public or private elementary and secondary schools and shall also include nine (9) months of actual teaching at postsecondary institutions accredited by the Southern Association of Colleges and Schools (SACS) or equivalent regional accrediting body for degree-granting postsecondary institutions. In no case shall more than one (1) year of teaching experience be given for all services in one (1) calendar or school year. In determining a teacher's experience, no deduction shall be made because of the temporary absence of the teacher because of illness or other good cause, and the teacher shall be given credit therefor. Beginning with the 2003-2004 school year, the State Board of Education shall fix a number of days, not to exceed forty-five (45) consecutive school days, during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term. If a teacher exceeds the number of days established by the State Board of Education that a teacher may not be under contract but may still be employed, that teacher shall not be credited with a year of teaching experience. In determining the experience of school librarians, each complete year of continuous, full-time employment as a professional librarian in a public library in this or some other state shall be considered a year of teaching experience. If a full-time school administrator returns to actual teaching in the public schools, the term "year of teaching experience" shall include the period of time he or she served as a school administrator. In determining the salaries of teachers who have experience in any branch of the military, the term "year of teaching experience" shall include each complete year of actual classroom instruction while serving in the military. In determining the experience of speech-language pathologists and audiologists, each complete year of continuous full-time post master's degree employment in an educational setting in this or some other state shall be considered a year of teaching experience. Provided, however, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees employed after July 1, 2009, who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided in Section 37-19-7 shall not be applicable to any such retired certificated employee.
(n)
(i) The term "average daily attendance" shall be the figure which
results when the total aggregate full-day attendance during the period or
months counted is divided by the number of days during the period or months
counted upon which both teachers and pupils are in regular attendance for scheduled
classroom instruction, * * * less the average daily attendance for self-contained
special education classes. For purposes of determining and reporting
attendance, a pupil must be present for at least sixty-three percent (63%) of
the instructional day, as fixed by the local school board for each school in
the school district, in order to be considered in full-day attendance. Prior
to full implementation of the adequate education program the department shall
deduct the average daily attendance for the alternative school program provided
for in Section 37-19-22.
(ii) [Repealed]
(o) The term "local supplement" shall mean the amount paid to an individual teacher over and above the adequate education program salary schedule for regular teaching duties.
(p) The term "aggregate amount of support from ad valorem taxation" shall mean the amounts produced by the district's total tax levies for operations.
(q) The term "adequate education program funds" shall mean all funds, both state and local, constituting the requirements for meeting the cost of the adequate program as provided for in Section 37-151-7.
(r) "Department" shall mean the State Department of Education.
(s) "Commission" shall mean the Mississippi Commission on School Accreditation created under Section 37-17-3.
(t) The term "successful school district" shall mean a Level III school district as designated by the State Board of Education using current statistically relevant state assessment data.
(u) "Dual enrollment-dual credit programs" shall mean programs for potential or recent high school student dropouts to dually enroll in their home high school and a local community college in a dual credit program consisting of high school completion coursework and a credential, certificate or degree program at the community college, as provided in Section 37-15-38(19).
(v) "Charter school" means a public school that
is established and operating under the terms of a charter contract between the
school's governing board and * * *
a charter school authorizing entity under
the provisions of Section 37-28-7.
SECTION 38. This act shall take effect and be in force from and after its passage.
