Bill Text: MS HB438 | 2011 | Regular Session | Introduced
Bill Title: Education Improvement Act; enact.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB438 Detail]
Download: Mississippi-2011-HB438-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Education
By: Representative Hines
House Bill 438
AN ACT TO BE KNOWN AS THE "EDUCATION IMPROVEMENT ACT"; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A POLICY REQUIRING LOCAL SCHOOL DISTRICTS TO OPERATE THEIR SCHOOLS FOR REQUIRED INSTRUCTION FROM 8:00 A.M. TO 5:00 P.M. MONDAY THROUGH FRIDAY; TO PROVIDE THAT THIS TIME SHALL NOT AFFECT OR REDUCE THE LENGTH OF THE SCHOOL TERM; TO REQUIRE LOCAL SCHOOL DISTRICTS TO IMPLEMENT A POLICY REDUCING CLASS SIZES; TO PROVIDE THAT NO CHARTER SCHOOL MAY BE ESTABLISHED IN ANY SCHOOL DISTRICTS FAILING TO COMPLY WITH THE PROVISIONS OF THIS ACT; TO AMEND SECTION 37-13-67, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 37-151-77, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This shall be known and may be cited as the "Education Improvement Act."
SECTION 2. Beginning with the 2011-2012 school year, the State Board of Education shall adopt a policy to be implemented by each local school board of a public school district to require that the duration of the instructional school day begin at 8:00 a.m. and end at 5:00 p.m. Monday through Friday. The length of the school day shall in no manner affect or reduce the minimum length of the school term as provided under Section 37-13-63.
SECTION 3. (1) The local school board of a public school district shall adopt and implement a policy reducing classroom size in order to enable each student to acquire the appropriate level of instruction and adequate grade level attainment. The board shall limit the size of classes in the public schools of the district to provide the following:
(a) Elementary schools, consisting of Grades K-5, shall not have classes exceeding eighteen (18) students per classroom;
(b) Middle schools, consisting of Grades 6-8, shall not have classes exceeding twenty-two (22) students per classroom;
(c) High schools, consisting of Grades 9-12, shall not have classes exceeding twenty-five (25) students per classroom; and
(d) The local school board shall adhere to the guidelines established in Section 37-151-77 when adopting and implementing its policy to reduce class size so that no class exceeds the maximum number of students allowable under that section, so as to allow the school district to remain qualified for adequate education program funding.
(2) Subject to legislative authority given to the State Board of Education for the establishment of charter schools and the procedures by which charter status is granted, the local school board of any school district failing to adopt and implement the policies required under this section and Section 2 of this act shall not approve the submission of any application to the chartering authority for the establishment of a charter school in the district until the district comes into compliance with the provisions of this act.
SECTION 4. Section 37-13-67, Mississippi Code of 1972, is amended as follows:
37-13-67. The number of hours of actual teaching which shall constitute a school day shall be determined and fixed by the board of trustees of the school district at not less than seven (7) hours.
SECTION 5. Section 37-151-77, Mississippi Code of 1972, is brought forward as follows:
37-151-77. To qualify for funds provided in this chapter, each school district shall not exceed a pupil-teacher ratio based on enrollment in Grades 1, 2, 3 and 4 as follows: 27:1.
For Grades Kindergarten and 5 through 12, pupil-teacher ratio shall be determined based on appropriate accreditation standards developed by the Mississippi Commission on School Accreditation.
Any local district may apply to the State Board of Education for approval of a waiver to this section by submitting and justifying an alternative educational program to serve the needs of enrollment in Grades Kindergarten and 1 through 4. The State Board of Education shall approve or disapprove of such waiver forty-five (45) days after receipt of such application. If a school district violates the provisions of this section, the state aid for the ensuing fiscal year to such school district shall be reduced by the percentage variance that the actual pupil-teacher ratios in such school district has to the required pupil-teacher ratios mandated in this section. Provided, that notwithstanding the provisions of this section, the State Board of Education is authorized to waive the pupil-teacher requirements specified herein upon a finding that a good faith effort is being made by the school district concerned to comply with the ratio provisions but that for lack of classroom space which was beyond its control it is physically impossible for the district to comply, and the cost of temporary classroom space cannot be justified. In the event any school district meets the highest levels of accreditation standards as determined by the State Board of Education in the state's accountability system, the State Board of Education may, in its discretion, exempt such school district from the maximum pupil-teacher ratio in Grades 1, 2, 3 and 4 prescribed herein.
SECTION 6. This act shall take effect and be in force from and after July 1, 2011.
