Bill Text: MS SB2154 | 2025 | Regular Session | Introduced
Bill Title: Mississippi Charter School Authorizer Board; set length of member terms, and revise per pupil allocations received.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Education [SB2154 Detail]
Download: Mississippi-2025-SB2154-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Senator(s) Younger
Senate Bill 2154
AN ACT TO AMEND SECTION 37-28-7, MISSISSIPPI CODE OF 1972, TO ESTABLISH STAGGERED INITIAL TERMS OF OFFICE FOR THE MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD; TO ESTABLISH THREE-YEAR TERMS OF OFFICE AFTER THE INITIAL TERMS; TO AMEND SECTION 37-28-11, MISSISSIPPI CODE OF 1972, TO ALLOW FOR THE AUTHORIZER BOARD TO RECEIVE UP TO 3% OF ANNUAL PER-PUPIL ALLOCATIONS RECEIVED BY A CHARTER SCHOOL FROM STATE AND LOCAL FUNDS FOR EACH CHARTER SCHOOL IT AUTHORIZES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-28-7, Mississippi Code of 1972, is amended as follows:
37-28-7. (1) There is created the Mississippi Charter School Authorizer Board as a state agency with exclusive chartering jurisdiction in the State of Mississippi. Unless otherwise authorized by law, no other governmental agency or entity may assume any charter authorizing function or duty in any form.
(2) (a) The mission of the * * * authorizer * * * 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 * * * authorizer * * * may authorize charter schools within the
geographical boundaries of any school district.
(b) The * * * authorizer * * * may approve a maximum of fifteen (15)
qualified charter applications during a fiscal year.
(c) In any school
district designated as an "A," "B" or "C" school
district by the State Board of Education under the accreditation rating system
at the time of application, the * * * authorizer * * * 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 or to initiate the application on its own initiative.
(3) The * * * authorizer * * * 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.
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 * * * authorizer * * *.
(4) Members appointed to
the * * * authorizer * * * 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 * * * authorizer * * * must have demonstrated an understanding
of and commitment to charter schooling as a strategy for strengthening public
education.
(5) To establish staggered
terms of office, the initial term of office for the three (3) * * * authorizer * * * members appointed by the Governor shall
be * * * staggered, with one (1)
member serving a one-year term, one (1) member serving a two-year term, and one
(1) member serving a three-year term; the initial term of office for the
three (3) members appointed by the Lieutenant Governor shall be * * *
staggered, with one (1) member serving a one-year term, one (1) member
serving a two-year term, and one (1) member serving a three-year term; and
the initial term of office for the member appointed by the State Superintendent
of Public Education shall be two (2) years * * *. After
the expiration of the initial terms, members of the authorizer shall serve
terms of three (3) years. No member may serve more than two (2)
consecutive terms. The initial appointments must be made before * * * July 1, 2025.
(6) The * * * authorizer * * * 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.
(7) An individual member of
the * * * authorizer * * * may be removed by the * * * authorizer 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 * * * authorizer, as determined and
specified by the * * * authorizer in its bylaws. Whenever a vacancy on the * * * authorizer * * * exists, the original appointing
authority shall appoint a member for the remaining portion of the term.
(8) No member of the * * * authorizer * * * or employee, agent or representative of
the * * * authorizer
may serve simultaneously as an employee, trustee, agent, representative, vendor
or contractor of a charter school authorized by the * * * authorizer.
(9) The * * * authorizer * * * shall appoint an individual to serve as
the executive director of the * * * authorizer * * *. The executive director shall possess
the qualifications established by the * * * authorizer which are 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 * * *
authorizer, shall devote his full time to the proper administration of
the * * * authorizer
and the duties assigned to him by the * * * authorizer and shall be paid a
salary established by the * * * board authorizer, 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 * * *
authorizer in carrying out the duties and directives of the * * * authorizer * * *.
(10) The * * * authorizer * * * is authorized to obtain suitable office
space for administrative purposes. In acquiring a facility or office space,
the authorizer * * *
shall adhere to all policies and procedures required by the Department of
Finance and Administration and the Public Procurement Review Board.
SECTION 2. 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, the authorizer shall 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.
(2) The 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) The authorizer may expend its resources, seek grant funds and establish partnerships to support its charter school authorizing activities.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.
