MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Representative McCarty
AN ACT TO PROVIDE FOR THE ADMINISTRATIVE TRANSITION OF SCHOOL DISTRICTS THAT HAVE BEEN PLACED INTO THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT INTO DISTRICTS OF TRANSFORMATION; TO REQUIRE THE COMPLETION TO THE TRANSITION TO BE COMPLETE BY JULY 1, 2025; TO PROHIBIT ANY ADDITIONAL SCHOOLS BEING PLACED INTO THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT AFTER JULY 1, 2024; TO PROVIDE THAT THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT SHALL BE DISSOLVED AFTER JULY 1, 2025; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROVIDE THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT WITH NOTICE AND INSTRUCTIONS BY SEPTEMBER 1, 2024, REGARDING A TIMETABLE TO BE FOLLOWED FOR THE TRANSITION INTO A DISTRICT OF TRANSFORMATION; TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, TO REVISE THE CRITERIA TO BE USED BY THE STATE BOARD OF EDUCATION AND COMMISSION ON SCHOOL ACCREDITATION IN DETERMINING WHEN A STATE OF EMERGENCY EXISTS IN A SCHOOL DISTRICT WHICH WOULD DEEM THE SCHOOL DISTRICT ELIGIBLE FOR PLACEMENT INTO A DISTRICT OF TRANSFORMATION, INCLUDING PERSISTENT POOR ACADEMIC PERFORMANCE AND LACK OF FINANCIAL RESOURCES; TO PROVIDE CONTINGENCY PLANS FOR SCHOOL DISTRICTS THAT ARE ELIGIBLE TO BE PLACED INTO A DISTRICT OF TRANSFORMATION BUT ARE NOT DUE TO LACK CAPACITY OF THE STATE BOARD OF EDUCATION TO DO SO WHICH REQUIRES THE DEVELOPMENT AND IMPLEMENTATION OF AN IMPROVEMENT PLAN WITH SUPPORT FROM THE STATE DEPARTMENT OF EDUCATION; TO REQUIRE THOSE SCHOOL DISTRICTS PLACED INTO A DISTRICT OF TRANSFORMATION FOR FINANCIAL REASONS TO REIMBURSE THE STATE FOR ANY COSTS INCURRED BY THE STATE ON THE DISTRICT'S BEHALF; TO DELETE THE AUTHORITY GRANTED TO THE STATE BOARD OF EDUCATION TO APPOINT AN INTERIM SUPERINTENDENT IN ANY SCHOOL DISTRICTS IN WHICH A MAJORITY OF ITS BOARD OF EDUCATION MEMBERS RESIGN FROM OFFICE; TO DELETE THE AUTHORITY GRANTED TO THE STATE BOARD OF EDUCATION TO REQUEST THE GOVERNOR, WHEN A STATE OF EMERGENCY HAS BEEN DECLARED IN A SCHOOL DISTRICT, TO REQUIRE THE OFFICE OF SUPERINTENDENT OF THE SCHOOL DISTRICT OR THE MEMBERSHIP OF THE SCHOOL BOARD TO BE RECALLED; TO AMEND SECTION 37-17-13, MISSISSIPPI CODE OF 1972, TO DELETE DUPLICATIVE LANGUAGE REGARDING THE RETURN OF A SCHOOL DISTRICT PLACED INTO DISTRICT TRANSFORMATION TO LOCAL CONTROL AFTER MAINTAINING A SATISFACTORY ACCOUNTABILITY RATING FOR THE REQUIRED PERIOD AND THE STATE BOARD OF EDUCATION HAS DETERMINED THAT THE IMPAIRMENTS HAVE BEEN SUBSTANTIALLY CORRECTED; TO AMEND SECTION 37-17-17, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE REPEAL OF THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT, EFFECTIVE ON JULY 1, 2025; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) In the Mississippi Achievement School District, into which, as of January 1, 2024, two (2) local school
districts, the Yazoo City Municipal School District and the Humphreys County School District, have been placed by the State Board of Education, there shall be an administrative transition of those school districts into two (2) separate Districts of Transformation, with such transition being completed by July 1, 2025. Until June 30, 2025, preceding the effective date of the required transition of the two (2) school districts in the Mississippi Achievement School District into Districts of Transformation, the districts shall remain under the authority and control of the Mississippi Achievement School District and the State Board of Education.
(2) From and after July 1, 2024, no local school district shall be placed into the Mississippi Achievement School District and, effective July 1, 2025, the Mississippi Achievement School District shall be dissolved.
(3) On or before September 1, 2024, the State Board of Education shall provide the Mississippi Achievement School District with notice and instructions regarding the timetable for actions to be taken to comply with the transition of those local schools into Districts of Transformation.
(4) A declaration of a state of emergency shall not be required by the Governor for the two (2) districts to transition from the Mississippi Achievement School District placement into a District of Transformation. However, the two (2) districts shall be required to comply with any and all obligations and laws that are applicable to other Districts of Transformation as required by the State Board of Education, which shall have all the authorities
granted to it in accordance with Sections 37-17-6 and 37-17-13, including:
(a) The assignment of an interim superintendent to the Districts of Transformation; or
(b) In its discretion, contracting with an appropriate
private entity with experience in the academic, finance and other operational functions of schools and school districts, who will be responsible for the administration, management and operation of the school district in accordance with Section 37-17-6(15); and
(c) The determination of when a District of Transformation is ready to be reconstituted, reorganized and returned to local control.
SECTION 2. Section 37-17-6, Mississippi Code of 1972, is amended as follows:
37-17-6. (1) The State Board of Education, acting through the Commission on School Accreditation, shall establish and implement a permanent performance-based accreditation system, and all noncharter public elementary and secondary schools shall be accredited under this system.
(2) No later than June 30, 1995, the State Board of Education, acting through the Commission on School Accreditation, shall require school districts to provide school classroom space that is air-conditioned as a minimum requirement for accreditation.
(3) (a) Beginning with the 1994-1995 school year, the State Board of Education, acting through the Commission on School Accreditation, shall require that school districts employ certified school librarians according to the following formula:
Number of Students Number of Certified
Per School Library School Librarians
0 - 499 Students 1/2 Full-time Equivalent
Certified Librarian
500 or More Students 1 Full-time Certified
Librarian
(b) The State Board of Education, however, may increase the number of positions beyond the above requirements.
(c) The assignment of certified school librarians to the particular schools shall be at the discretion of the local school district. No individual shall be employed as a certified school librarian without appropriate training and certification as a school librarian by the State Department of Education.
(d) School librarians in the district shall spend at least fifty percent (50%) of direct work time in a school library and shall devote no more than one-fourth (1/4) of the workday to administrative activities that are library related.
(e) Nothing in this subsection shall prohibit any school district from employing more certified school librarians than are provided for in this section.
(f) Any additional millage levied to fund school librarians required for accreditation under this subsection shall be included in the tax increase limitation set forth in Sections 37-57-105 and 37-57-107 and shall not be deemed a new program for purposes of the limitation.
(4) On or before December 31, 2002, the State Board of Education shall implement the performance-based accreditation system for school districts and for individual noncharter public schools which shall include the following:
(a) High expectations for students and high standards for all schools, with a focus on the basic curriculum;
(b) Strong accountability for results with appropriate local flexibility for local implementation;
(c) A process to implement accountability at both the school district level and the school level;
(d) Individual schools shall be held accountable for student growth and performance;
(e) Set annual performance standards for each of the schools of the state and measure the performance of each school against itself through the standard that has been set for it;
(f) A determination of which schools exceed their standards and a plan for providing recognition and rewards to those schools;
(g) A determination of which schools are failing to meet their standards and a determination of the appropriate role of the State Board of Education and the State Department of Education in providing assistance and initiating possible intervention. A failing district is a district that fails to meet both the absolute student achievement standards and the rate of annual growth expectation standards as set by the State Board of Education for two (2) consecutive years. The State Board of Education shall establish the level of benchmarks by which absolute student achievement and growth expectations shall be assessed. In setting the benchmarks for school districts, the State Board of Education may also take into account such factors as graduation rates, dropout rates, completion rates, the extent to which the school or district employs qualified teachers in every classroom, and any other factors deemed appropriate by the State Board of Education. The State Board of Education, acting through the State Department of Education, shall apply a simple "A," "B," "C," "D" and "F" designation to the current school and school district statewide accountability performance classification labels beginning with the State Accountability Results for the 2011-2012 school year and following, and in the school, district and state report cards required under state and federal law. Under the new designations, a school or school district that has earned a "Star" rating shall be designated an "A" school or school district; a school or school district that has earned a "High-Performing" rating shall be designated a "B" school or school district; a school or school district that has earned a "Successful" rating shall be designated a "C" school or school district; a school or school district that has earned an "Academic Watch" rating shall be designated a "D" school or school district; a school or school district that has earned a "Low-Performing," "At-Risk of Failing" or "Failing" rating shall be designated an "F" school or school district. Effective with the implementation of any new curriculum and assessment standards, the State Board of Education, acting through the State Department of Education, is further authorized and directed to change the school and school district accreditation rating system to a simple "A," "B," "C," "D," and "F" designation based on a combination of student achievement scores and student growth as measured by the statewide testing programs developed by the State Board of Education pursuant to Chapter 16, Title 37, Mississippi Code of 1972. In any statute or regulation containing the former accreditation designations, the new designations shall be applicable;
(h) Development of a comprehensive student assessment system to implement these requirements; and
(i) The State Board of Education may, based on a written request that contains specific reasons for requesting a waiver from the school districts affected by Hurricane Katrina of 2005, hold harmless school districts from assignment of district and school level accountability ratings for the 2005-2006 school year. The State Board of Education upon finding an extreme hardship in the school district may grant the request. It is the intent of the Legislature that all school districts maintain the highest possible academic standards and instructional programs in all schools as required by law and the State Board of Education.
(5) (a) Effective with the 2013-2014 school year, the State Department of Education, acting through the Mississippi Commission on School Accreditation, shall revise and implement a single "A" through "F" school and school district accountability system complying with applicable federal and state requirements in order to reach the following educational goals:
(i) To mobilize resources and supplies to ensure that all students exit third grade reading on grade level by 2015;
(ii) To reduce the student dropout rate to thirteen percent (13%) by 2015; and
(iii) To have sixty percent (60%) of students scoring proficient and advanced on the assessments of the Common Core State Standards by 2016 with incremental increases of three percent (3%) each year thereafter.
(b) The State Department of Education shall combine the state school and school district accountability system with the federal system in order to have a single system.
(c) The State Department of Education shall establish five (5) performance categories ("A," "B," "C," "D" and "F") for the accountability system based on the following criteria:
(i) Student Achievement: the percent of students proficient and advanced on the current state assessments;
(ii) Individual student growth: the percent of students making one (1) year's progress in one (1) year's time on the state assessment, with an emphasis on the progress of the lowest twenty-five percent (25%) of students in the school or district;
(iii) Four-year graduation rate: the percent of students graduating with a standard high school diploma in four (4) years, as defined by federal regulations;
(iv) Categories shall identify schools as Reward ("A" schools), Focus ("D" schools) and Priority ("F" schools). If at least five percent (5%) of schools in the state are not graded as "F" schools, the lowest five percent (5%) of school grade point designees will be identified as Priority schools. If at least ten percent (10%) of schools in the state are not graded as "D" schools, the lowest ten percent (10%) of school grade point designees will be identified as Focus schools;
(v) The State Department of Education shall discontinue the use of Star School, High-Performing, Successful, Academic Watch, Low-Performing, At-Risk of Failing and Failing school accountability designations;
(vi) The system shall include the federally compliant four-year graduation rate in school and school district accountability system calculations. Graduation rate will apply to high school and school district accountability ratings as a compensatory component. The system shall discontinue the use of the High School Completer Index (HSCI);
(vii) The school and school district accountability system shall incorporate a standards-based growth model, in order to support improvement of individual student learning;
(viii) The State Department of Education shall discontinue the use of the Quality Distribution Index (QDI);
(ix) The State Department of Education shall determine feeder patterns of schools that do not earn a school grade because the grades and subjects taught at the school do not have statewide standardized assessments needed to calculate a school grade. Upon determination of the feeder pattern, the department shall notify schools and school districts prior to the release of the school grades beginning in 2013. Feeder schools will be assigned the accountability designation of the school to which they provide students;
(x) Standards for student, school and school district performance will be increased when student proficiency is at a seventy-five percent (75%) and/or when sixty-five percent (65%) of the schools and/or school districts are earning a grade of "B" or higher, in order to raise the standard on performance after targets are met;
(xi)
The system shall include student performance on the administration of a career-readiness
assessment, such as, but not limited to, the ACT WorkKeys Assessment, deemed appropriate
by the * * *
State Department of Education working in coordination with the Office of
Workforce Development.
(6) Nothing in this section shall be deemed to require a nonpublic school that receives no local, state or federal funds for support to become accredited by the State Board of Education.
(7) The State Board of Education shall create an accreditation audit unit under the Commission on School Accreditation to determine whether schools are complying with accreditation standards.
(8) The State Board of Education shall be specifically authorized and empowered to withhold adequate education program fund allocations, whichever is applicable, to any public school district for failure to timely report student, school personnel and fiscal data necessary to meet state and/or federal requirements.
(9) [Deleted]
(10) The State Board of Education shall establish, for those school districts failing to meet accreditation standards, a program of development to be complied with in order to receive state funds, except as otherwise provided in subsection (15) of this section when the Governor has declared a state of emergency in a school district or as otherwise provided in Section 206, Mississippi Constitution of 1890. The state board, in establishing these standards, shall provide for notice to schools and sufficient time and aid to enable schools to attempt to meet these standards, unless procedures under subsection (15) of this section have been invoked.
(11) Beginning July 1, 1998, the State Board of Education shall be charged with the implementation of the program of development in each applicable school district as follows:
(a) Develop an impairment report for each district failing to meet accreditation standards in conjunction with school district officials;
(b) Notify any applicable school district failing to meet accreditation standards that it is on probation until corrective actions are taken or until the deficiencies have been removed. The local school district shall develop a corrective action plan to improve its deficiencies. For district academic deficiencies, the corrective action plan for each such school district shall be based upon a complete analysis of the following: student test data, student grades, student attendance reports, student dropout data, existence and other relevant data. The corrective action plan shall describe the specific measures to be taken by the particular school district and school to improve: (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community. The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated. All corrective action plans shall be provided to the State Board of Education as may be required. The decision of the State Board of Education establishing the probationary period of time shall be final;
(c) Offer, during the probationary period, technical assistance to the school district in making corrective actions. Beginning July 1, 1998, subject to the availability of funds, the State Department of Education shall provide technical and/or financial assistance to all such school districts in order to implement each measure identified in that district's corrective action plan through professional development and on-site assistance. Each such school district shall apply for and utilize all available federal funding in order to support its corrective action plan in addition to state funds made available under this paragraph;
(d) Assign department personnel or contract, in its discretion, with the institutions of higher learning or other appropriate private entities with experience in the academic, finance and other operational functions of schools to assist school districts;
(e) Provide for publication of public notice at least one time during the probationary period, in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The publication shall include the following: declaration of school system's status as being on probation; all details relating to the impairment report; and other information as the State Board of Education deems appropriate. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
(12) (a) If the recommendations for corrective action are not taken by the local school district or if the deficiencies are not removed by the end of the probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. Additionally, if the local school district violates accreditation standards that have been determined by the policies and procedures of the State Board of Education to be a basis for withdrawal of school district's accreditation without a probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. After its consideration of the results of the hearing, the Commission on School Accreditation shall be authorized, with the approval of the State Board of Education, to withdraw the accreditation of a public school district, and issue a request to the Governor that a state of emergency be declared in that district.
(b)
(i) If the State Board of Education and the Commission on School Accreditation
determine that an extreme emergency situation exists in a school district that jeopardizes
the safety, security or educational interests of the children enrolled in the schools
in that district and that emergency situation is believed to be related to a serious
violation or violations of accreditation standards or state or federal law, * * * the State Board
of Education may request the Governor to declare a state of emergency in that school
district. For purposes of this paragraph, the declarations of a state of emergency * * *
may include the school district's serious failure to meet minimum academic
standards, as evidenced by a continued pattern of poor student performance.
(ii) If the State Board of Education determines that a public school or district in the state which, during each of two (2) consecutive school years or during two (2) of three (3) consecutive school years, receives a "F" designation by the State Board of Education under the accountability rating system, or has been persistently failing as defined by the State Board of Education, or if more than fifty percent (50%) of the schools with a school district are designated as "school-at-risk" in any one (1) year, may be placed into a District of Transformation. The State Board of Education shall take over on the number of schools and districts for which it has the capacity to serve. The State Board of Education shall adopt rules and regulations governing any additional requirements for placement into a District of Transformation and the Operation thereof.
Schools or districts that are eligible to be placed into a District of Transformation due to poor academic performance, but are not absorbed due to the lack of capacity of the State Board of Education to accommodate its administration, shall develop and implement a district improvement plan with prescriptive guidance and support from the State Department of Education, with the goal of helping the district improve student achievement. Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities proved as support by the department shall result in the school district retaining its eligibility for placement in the District of Transformation.
(iii) If the State Board of Education determined that a school district is impaired with a serious lack of financial resources, the board may place the school district into a District of Transformation. If a school district is placed into a District of Transformation for financial reasons, the school district shall be required to reimburse the state for any costs incurred by the state on behalf of the school district.
(c) Whenever the Governor declares a state of emergency in a school district in response to a request made under paragraph (a) or (b) of this subsection, or when the State Board of Education places a second school district into a District of Transformation due to poor academic performance or financial reasons, the State Board of Education may take one or more of the following actions:
(i) Declare a state of emergency, under which some or all of state funds can be escrowed except as otherwise provided in Section 206, Constitution of 1890, until the board determines corrective actions are being taken or the deficiencies have been removed, or that the needs of students warrant the release of funds. The funds may be released from escrow for any program which the board determines to have been restored to standard even though the state of emergency may not as yet be terminated for the district as a whole;
(ii) Override any decision of the local school board or superintendent of education, or both, concerning the management and operation of the school district, or initiate and make decisions concerning the management and operation of the school district;
(iii) Assign an interim superintendent, or in its discretion, contract with a private entity with experience in the academic, finance and other operational functions of schools and school districts, who will have those powers and duties prescribed in subsection (15) of this section;
(iv) Grant transfers to students who attend this school district so that they may attend other accredited schools or districts in a manner that is not in violation of state or federal law;
(v)
For * * * actions taken pursuant to paragraph (a) only, if
the accreditation deficiencies are related to the fact that the school district
is too small, with too few resources, to meet the required standards and if another
school district is willing to accept those students, abolish that district and assign
that territory to another school district or districts. If the school district
has proposed a voluntary consolidation with another school district or districts,
then if the State Board of Education finds that it is in the best interest of the
pupils of the district for the consolidation to proceed, the voluntary consolidation
shall have priority over any such assignment of territory by the State Board of
Education;
(vi)
For * * * actions taken pursuant to paragraph (b) only, reduce
local supplements paid to school district employees, including, but not limited
to, instructional personnel, assistant teachers and extracurricular activities personnel,
if the district's impairment is related to a lack of financial resources, but only
to an extent that will result in the salaries being comparable to districts similarly
situated, as determined by the State Board of Education;
(vii)
For * * * actions taken pursuant to paragraph (b) only, the
State Board of Education may take any action as prescribed in Section 37-17-13.
(d) At the time that satisfactory corrective action has been taken in a school district in which a state of emergency has been declared, or when the State Board of Education places a school district into a District of Transformation due to poor academic performance or financial reason, the State Board of Education may request the Governor to declare that the state of emergency no longer exists in the district.
(e) The parent or legal guardian of a school-age child who is enrolled in a school district whose accreditation has been withdrawn by the Commission on School Accreditation and without approval of that school district may file a petition in writing to a school district accredited by the Commission on School Accreditation for a legal transfer. The school district accredited by the Commission on School Accreditation may grant the transfer according to the procedures of Section 37-15-31(1)(b). In the event the accreditation of the student's home district is restored after a transfer has been approved, the student may continue to attend the transferee school district. The per-pupil amount of the adequate education program allotment, including the collective "add-on program" costs for the student's home school district shall be transferred monthly to the school district accredited by the Commission on School Accreditation that has granted the transfer of the school-age child.
(f) Upon the declaration of a state of emergency for any school district in which the Governor has previously declared a state of emergency, the State Board of Education may either:
(i) Place the school district into district transformation, in which the school district shall remain until it has fulfilled all conditions related to district transformation. If the district was assigned an accreditation rating of "D" or "F" when placed into district transformation, the district shall be eligible to return to local control when the school district has attained a "C" rating or higher for five (5) consecutive years, unless the State Board of Education determines that the district is eligible to return to local control in less than the five-year period;
(ii) Abolish the school district and administratively consolidate the school district with one or more existing school districts;
(iii) Reduce the size of the district and administratively consolidate parts of the district, as determined by the State Board of Education. However, no school district which is not in district transformation shall be required to accept additional territory over the objection of the district; or
(iv) Require the school district to develop and implement a district improvement plan with prescriptive guidance and support from the State Department of Education, with the goal of helping the district improve student achievement. Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities provided as support by the department shall result in the school district retaining its eligibility for district transformation.
* * *
(13) Upon the declaration of a state of emergency in a school district under subsection (12) of this section, or upon the State Board of Education's placement of a school district into a District of Transformation for academic or financial reasons, the Commission on School Accreditation shall be responsible for public notice at least once a week for at least three (3) consecutive weeks in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The size of the notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print. If an interim superintendent has been appointed for the school district, the notice shall begin as follows: "By authority of Section 37-17-6, Mississippi Code of 1972, as amended, adopted by the Mississippi Legislature during the 1991 Regular Session, this school district (name of school district) is hereby placed under the jurisdiction of the State Department of Education acting through its appointed interim superintendent (name of interim superintendent)."
The notice also shall include, in the discretion of the State Board of Education, any or all details relating to the school district's emergency status, including the declaration of a state of emergency in the school district and a description of the district's impairment deficiencies, conditions of any district transformation status and corrective actions recommended and being taken. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
Upon
termination of the state of emergency * * * for a school district placed into a
District of Transformation, the Commission on School Accreditation shall cause
notice to be published in the school district in the same manner provided in this
section, to include any or all details relating to the corrective action taken in
the school district that resulted in the termination of the state of emergency.
(14) The State Board of Education or the Commission on School Accreditation shall have the authority to require school districts to produce the necessary reports, correspondence, financial statements, and any other documents and information necessary to fulfill the requirements of this section.
Nothing in this section shall be construed to grant any individual, corporation, board or interim superintendent the authority to levy taxes except in accordance with presently existing statutory provisions.
(15) (a) Whenever the Governor declares a state of emergency in a school district in response to a request made under subsection (12) of this section, or when the State Board of Education places a school district into a District of Transformation for academic or financial reasons, the State Board of Education, in its discretion, may assign an interim superintendent to the school district, or in its discretion, may contract with an appropriate private entity with experience in the academic, finance and other operational functions of schools and school districts, who will be responsible for the administration, management and operation of the school district, including, but not limited to, the following activities:
(i) Approving or disapproving all financial obligations of the district, including, but not limited to, the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel, contractual agreements and purchase orders, and approving or disapproving all claim dockets and the issuance of checks; in approving or disapproving employment contracts of superintendents, assistant superintendents or principals, the interim superintendent shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105;
(ii) Supervising the day-to-day activities of the district's staff, including reassigning the duties and responsibilities of personnel in a manner which, in the determination of the interim superintendent, will best suit the needs of the district;
(iii) Reviewing the district's total financial obligations and operations and making recommendations to the district for cost savings, including, but not limited to, reassigning the duties and responsibilities of staff;
(iv) Attending all meetings of the district's school board and administrative staff;
(v) Approving or disapproving all athletic, band and other extracurricular activities and any matters related to those activities;
(vi) Maintaining a detailed account of recommendations made to the district and actions taken in response to those recommendations;
(vii) Reporting periodically to the State Board of Education on the progress or lack of progress being made in the district to improve the district's impairments during the state of emergency; and
(viii) Appointing a parent advisory committee, comprised of parents of students in the school district that may make recommendations to the interim superintendent concerning the administration, management and operation of the school district.
The cost of the salary of the interim superintendent and any other actual and necessary costs related to district transformation status paid by the State Department of Education shall be reimbursed by the local school district from funds other than adequate education program funds. The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's adequate education program funds. In the alternative, the local school district may pay the cost of the salary of the interim superintendent.
At
the time that the Governor, in accordance with the request of the State Board of
Education, declares that the state of emergency no longer exists in a school district, * * * the interim superintendent
assigned to the district shall * * * remain in place for a period of one (1)
year and shall work alongside the newly reconstituted school board.
(b) In order to provide loans to school districts under a state of emergency or in district transformation status that have impairments related to a lack of financial resources, the School District Emergency Assistance Fund is created as a special fund in the State Treasury into which monies may be transferred or appropriated by the Legislature from any available public education funds. Funds in the School District Emergency Assistance Fund up to a maximum balance of Three Million Dollars ($3,000,000.00) annually shall not lapse but shall be available for expenditure in subsequent years subject to approval of the State Board of Education. Any amount in the fund in excess of Three Million Dollars ($3,000,000.00) at the end of the fiscal year shall lapse into the State General Fund or the Education Enhancement Fund, depending on the source of the fund.
The State Board of Education may loan monies from the School District Emergency Assistance Fund to a school district that is under a state of emergency or in district transformation status, in those amounts, as determined by the board, that are necessary to correct the district's impairments related to a lack of financial resources. The loans shall be evidenced by an agreement between the school district and the State Board of Education and shall be repayable in principal, without necessity of interest, to the School District Emergency Assistance Fund by the school district from any allowable funds that are available. The total amount loaned to the district shall be due and payable within five (5) years after the impairments related to a lack of financial resources are corrected. If a school district fails to make payments on the loan in accordance with the terms of the agreement between the district and the State Board of Education, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may withhold that district's adequate education program funds in an amount and manner that will effectuate repayment consistent with the terms of the agreement; the funds withheld by the department shall be deposited into the School District Emergency Assistance Fund.
The State Board of Education shall develop a protocol that will outline the performance standards and requisite timeline deemed necessary for extreme emergency measures. If the State Board of Education determines that an extreme emergency exists, simultaneous with the powers exercised in this subsection, it shall take immediate action against all parties responsible for the affected school districts having been determined to be in an extreme emergency. The action shall include, but not be limited to, initiating civil actions to recover funds and criminal actions to account for criminal activity. Any funds recovered by the State Auditor or the State Board of Education from the surety bonds of school officials or from any civil action brought under this subsection shall be applied toward the repayment of any loan made to a school district hereunder.
* * *
( * * *16) * * * The State Board of Education, acting through
the Commission on School Accreditation, shall require each school district to comply
with standards established by the State Department of Audit for the verification
of fixed assets and the auditing of fixed assets records as a minimum requirement
for accreditation.
( * * *17) * * * The State Board of Education
shall recommend a program to the Education Committees of the House of Representatives
and the Senate for identifying and rewarding public schools that improve or are
high performing. The program shall be described by the board in a written report,
which shall include criteria and a process through which improving schools and high-performing
schools will be identified and rewarded.
The
State Superintendent of Public Education and the State Board of Education also shall
develop a comprehensive accountability plan to ensure that local school boards,
superintendents, principals and teachers are held accountable for student achievement.
* * *
* * *
( * * *18) If a local school district is determined
as failing and placed into district transformation status for reasons authorized
by the provisions of this section, the interim superintendent appointed to the district
shall, within forty-five (45) days after being appointed, present a detailed and
structured corrective action plan to move the local school district out of district
transformation status to the deputy superintendent. A copy of the interim superintendent's
corrective action plan shall also be filed with the State Board of Education.
SECTION 3. Section 37-17-13, Mississippi Code of 1972, is amended as follows:
37-17-13.
(1) Whenever the Governor declares a state of emergency in a school district in
response to a certification by the State Board of Education and the Commission on
School Accreditation made under Section 37-17-6(12)(b), or when the State Board
of Education places a school district into a District of Transformation for academic
or financial purposes under Section 37-17-6(12)(b), the State Board of Education,
in addition to any actions taken under Section 37-17-6, * * * shall abolish the school district and
assume control and administration of the schools formerly constituting the district,
and appoint an interim superintendent to carry out this purpose under the direction
of the State Board of Education. In such case, the State Board of Education shall
have all powers which were held by the previously existing school board, and the
previously existing superintendent of schools or county superintendent of education,
including, but not limited to, those enumerated in Section 37-7-301, and the authority
to request tax levies from the appropriate governing authorities for the support
of the schools and to receive and expend the tax funds as provided by Section 37-57-1
et seq. and Section 37-57-105 et seq.
(2) When a school district is abolished under this section, loans from the School District Emergency Assistance Fund may be made by the State Board of Education for the use and benefit of the schools formerly constituting the district in accordance with the procedures set forth in Section 37-17-6(15) for such loans to the district. The abolition of a school district under this section shall not impair or release the property of that school district from liability for the payment of the loan indebtedness, and it shall be the duty of the appropriate governing authorities to levy taxes on the property of the district so abolished from year to year according to the terms of the indebtedness until same shall be fully paid.
* * *
( * * *3) * * * After a local school board is abolished by the
State Board of Education * * * pursuant to this section, * * * at such time as the State Board of
Education determines that the impairments are being substantially corrected and
the responsibility of the district transformation in such district upon the conclusion
of the final scholastic year in which a district has maintained a "C"
accountability rating for five (5) consecutive years, unless the State Board of
Education determines that the district is eligible to return to local control in
less than the five-year period, the State Board of Education may appoint a new five-member
board for the administration of the school district and shall notify the local county
board of supervisors and/or municipal governing authority of such appointment, spreading
the names of the new school board members on its minutes. The new local school
board members shall be residents of the school district. The new local school board
members appointed by the State Board of Education may serve in an advisory capacity
to the interim superintendent for its first year of service and thereafter shall
have full responsibility to administer the school district. Thirty (30) days prior
to the end of the first year of office as an advisory board, each member shall draw
lots to determine when the members shall rotate off the board as follows: one (1)
member shall serve a one-year term of office; one (1) member shall serve a two-year
term of office; one (1) member shall serve a three-year term of office; one (1)
member shall serve a four-year term of office; and one (1) member shall serve a
five-year term of office. At that time, the State Board of Education shall notify
the appropriate board of supervisors or municipal governing authority of this action
and request them to provide for the election or appointment of school board members
at the end of the terms of office in the manner provided by law, in order for the
local residents of the school district to select a new school board on a phased-in
basis. In such situations, the Governor will set the date of any necessary special
election which shall be conducted by the county election commission. During
the school board's first year fully administering the school district, the interim
superintendent shall continue to serve alongside the school board. The State
Board of Education shall * * *also request the new school board to provide for the appointment
of a superintendent to govern the reconstituted or reorganized school district * * * upon the conclusion
of the interim superintendent's year of concurrent service. A board member
or superintendent in office at the time the Governor declares a state of emergency
in a school district, or when the State Board of Education places a school district
into a District of Transformation due to academic or financial reasons, shall
not be eligible to serve in the office of school board member or superintendent
for the school district reconstituted or reorganized following the district transformation
period.
* * *
SECTION 4. Section 37-17-17, Mississippi Code of 1972, is amended as follows:
37-17-17. (1) There is created the Mississippi Achievement School District for the purpose of transforming persistently failing public schools and districts throughout the state into quality educational institutions. The Mississippi Achievement School District shall be a statewide school district, separate and distinct from all other school districts but not confined to any specified geographic boundaries, and may be comprised of any public schools or school districts in the state which, during two (2) consecutive school years, are designated an "F" school or district by the State Board of Education under the accountability rating system or which have been persistently failing and chronically underperforming.
(2) The Mississippi Achievement School District shall be governed by the State Board of Education.
(3) The State Board of Education shall obtain suitable office space to serve as the administrative office of the school district.
(4) The State Board of Education shall select an individual to serve as superintendent of the Mississippi Achievement School District. The superintendent must be deemed by the board to be highly qualified with a demonstrable track record for producing results in a context relevant to that of Mississippi Achievement School District schools. The superintendent of the Mississippi Achievement School District shall exercise powers and duties that would afford significant autonomy but are bound by the governance of the State Board of Education.
(5)
(a) Each public school or district in the state which, during each of two (2)
consecutive school years or during two (2) of three (3) consecutive school
years, receives an "F" designation by the State Board of Education
under the accountability rating system or has been persistently failing as defined
by the State Board of Education may be absorbed into and become a part of the
Mississippi Achievement School District. All eligible public schools and districts
shall be prioritized by the Mississippi Achievement School District according
to criteria set by the Mississippi Achievement School District and publicized
prior to the annual release of accountability rating data. The Mississippi
Achievement School District shall takeover only the number of schools and
districts for which it has the capacity to serve. The transfer of the
school's/district's governance from the local school district to the Mississippi
Achievement School District shall take effect upon the approval of the State
Board of Education unless, in the sole determination of the Mississippi
Achievement School District, the transition may be more smoothly accomplished
through a gradual transfer of control. If the Mississippi Achievement School
District elects not to assume complete control of a school or district immediately
after that school receives an "F" designation during each of two (2)
consecutive school years or during two (2) of the three (3) consecutive school
years, the State Board of Education shall prescribe the process and timetable by
which the school or district shall be absorbed; however, in no event may the
transfer of the school or district to the Mississippi Achievement School
District be completed later than the beginning of the school year next
succeeding the year during which the school or district receives the
"F" designation. School districts that are eligible to be absorbed
by the Achievement School District, but are not absorbed due to the capacity of
the Achievement School District, shall develop and implement a district improvement
plan with prescriptive guidance and support from the * * * State Department of
Education, with the goal of helping the district improve student achievement.
Failure of the school board, superintendent and school district staff to implement
the plan with fidelity and participate in the activities provided as support by
the department shall result in the school district retaining its eligibility
for the Mississippi Achievement School District.
(b) The State Board of Education shall adopt rules and regulations governing the operation of the Mississippi Achievement School District.
(c) Designations assigned to schools or districts under the accountability rating system by the State Board of Education before the 2015-2016 school year may not be considered in determining whether a particular school or district is subject to being absorbed by the Mississippi Achievement School District. During the 2017-2018 school year, any school or district receiving an "F" designation after also being designated an "F" school or district in the 2015-2016 and 2016-2017 school years may be absorbed immediately by the Mississippi Achievement School District, upon approval of the State Board of Education.
(d) The school district from which an "F" school or district is being absorbed must cooperate fully with the Mississippi Achievement School District and the State Board of Education in order to provide as smooth a transition as possible in the school's/district's governance and operations for the students enrolled in the school or district. Upon completion of the transfer of a school or district to the Mississippi Achievement School District, the school or district shall be governed by the rules, regulations, policies and procedures established by the State Board of Education specifically for the Mississippi Achievement School District, and the school or district shall no longer be under the purview of the school board of the local school district. In the event of the transfer of governance and operations of a school district, the State Board of Education shall abolish the district as prescribed in Section 37-17-13.
(e) Upon the transfer of the school or school district to the Mississippi Achievement School District, the individual appointed by the State Board of Education to serve as superintendent for the Mississippi Achievement School District shall be responsible for the administration, management and operation of the school or school district, including the following activities: (i) approving or denying all financial obligations of the school or school district; (ii) approving or denying the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel; (iii) approving or denying contractual agreements and purchase orders; (iv) approving or denying all claim dockets and the issuance of checks; (v) supervising the day-to-day activities of the school or school district's staff in a manner which in the determination of the Mississippi Achievement School District will best suit the needs of the school or school district; (vi) approving or denying all athletic, band and other extracurricular activities and any matters related to those activities; (vii) honoring any reasonable financial commitment of the district being absorbed; and (viii) reporting periodically to the State Board of Education on the progress or lack of progress being made in the school or school district to improve the school or school district's impairments.
(f) Upon attaining and maintaining a school or district accountability rating of "C" or better under the State Department of Education's accountability rating system for five (5) consecutive years, the State Board of Education may decide to revert the absorbed school or district back to local governance, provided the school or school(s) in question are not conversion charter schools. "Local governance" may include a traditional school board model of governance or other new form of governance such as mayoral control, or other type of governance. The State Board of Education shall determine the best form of local governance and school board composition after soliciting the input of local citizens and shall outline a process for establishing the type of governance selected. The manner and timeline for reverting a school or district back to local control shall be at the discretion of the State School Board, but in no case shall it exceed five (5) years.
(6) The Superintendent of the Mississippi Achievement School District shall hire those persons to be employed as principals, teachers and noninstructional personnel in schools or districts absorbed into the Mississippi Achievement School District. Only highly qualified individuals having a demonstrable record of success may be selected by the superintendent for such positions in the Mississippi Achievement School District. The superintendent may choose to continue the employment of any person employed in an "F" rated school when the school or district is absorbed into the Mississippi Achievement School District; alternatively, the superintendent may elect not to offer continued employment to a person formerly employed at a school or district that is absorbed into the Mississippi Achievement School District. Any persons employed by the Mississippi Achievement School District shall not be subject to Sections 37-9-101 through 37-9-113.
(7) (a) The Mississippi Achievement School District may use a school building and all facilities and property that is a part of a school and recognized as part of the facilities or assets of the school before it is absorbed into the Mississippi Achievement School District. In addition, the Mississippi Achievement School District shall have access to those additional facilities that typically were available to that school or district, its students, faculty and staff before its absorption by the Mississippi Achievement School District. Use of facilities by a school or district in the Mississippi Achievement School District must be unrestricted and free of charge. However, the Mississippi Achievement School District shall be responsible for providing routine maintenance and repairs necessary to maintain the facilities in as good a condition as when the right of use was acquired by the Mississippi Achievement School District. The Mississippi Achievement School District shall be responsible for paying all utilities at the facilities used for the absorbed school. Any fixtures, improvements and tangible assets added to a school building or facility by the Mississippi Achievement School District must remain at the school or district building or facility if the school or district is returned to local governance.
(b) The State Board of Education shall include in the rules and regulations adopted pursuant to subsection (5) of this section specific provisions addressing the rights and responsibilities of the Mississippi Achievement School District relating to the real and personal property of a school or district that is absorbed into the Mississippi Achievement School District.
(8) (a) The Mississippi Achievement School District shall certify annually to the State Board of Education in which a Mississippi Achievement School District school or district is located the number of students residing in the school district which are enrolled in that school or district.
(b) Whenever an increase in funding is requested by the school board for the support of schools within a particular school district absorbed into the Mississippi Achievement School District, the State Board of Education and the superintendent for the Mississippi Achievement School District shall hold a public meeting in the local municipality having jurisdiction of the absorbed school district to allow input of local residents on the matter, and subsequent to the conclusion of such meeting, the board of the Mississippi Achievement School District shall submit its request for ad valorem increase in dollars to the local governing authority having jurisdiction over the absorbed school district for approval of the request for increase in ad valorem tax effort. In a district in which a school or schools but not the entire district is absorbed into the Mississippi Achievement School District, the local school district shall pay directly to the Mississippi Achievement School District an amount for each student enrolled in that school equal to the ad valorem tax receipts and in-lieu payments received per pupil for the support of the local school district in which the student resides. The pro rata ad valorem receipts and in-lieu receipts to be transferred to the Mississippi Achievement School District shall include all levies for the support of the local school district under Sections 37-57-1 (local contribution to the education funding program) and 37-57-105 (school district operational levy) and 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, unless the school or schools absorbed include a high school at which vocational-technical education programs are offered. In no event may the payment exceed the pro rata amount of the local ad valorem payment to the education funding program under Section 37-57-1 for the school district in which the student resides. Payments made under this section by a school district to the Mississippi Achievement School District must be made before the expiration of three (3) business days after the funds are distributed to the local school district by the tax collector.
(c) If an entire school district is absorbed into the Mississippi Achievement School District, the tax collector shall pay the amounts as described in paragraph (b) of this subsection, with the exception that all funds should transfer, including taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes and any taxes levied for the support of vocational-technical education programs. The Mississippi Achievement School District shall pay funds raised to retire the district's debts to the appropriate creditors on behalf of the former district.
(9) (a) The State Department of Education shall make payments to the Mississippi Achievement School District for each student in average daily membership at a Mississippi Achievement School District school equal to the state share of the education funding program payments for each student in average daily attendance at the local school district or former local school district in which that school is located. In calculating the local contribution for purposes of determining the state share of the education funding program payments, the department shall deduct the pro rata local contribution of the school district or former 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 education funding program payments are made to all other school districts under Sections 37-151-101 and 37-151-103. Amounts payable to the Mississippi Achievement School District must be determined by the State Department of Education in the same manner that such amounts are calculated for all other school districts under the education funding program.
(10) The Mississippi Achievement School District shall be considered a local educational agency for the same purposes and to the same extent that all other school districts in the state are deemed local educational agencies under applicable federal laws.
(11) The Mississippi Achievement School District may receive donations or grants from any public or private source, including any federal funding that may be available to the school district or individual schools within the Mississippi Achievement School District.
(12) The Legislature may appropriate sufficient funding to the State Department of Education for the 2017 fiscal year for the specific purpose of funding the start-up, operational and any other required costs of the Mississippi Achievement School District during the 2017-2018 school year.
(13) This section shall stand repealed from and after July 1, 2025.
SECTION 5. This act shall take effect and be in force from and after July 1, 2024.