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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives McCarty, McLean
HOUSE BILL NO. 1210
AN ACT TO CREATE THE "MISSISSIPPI STATE SPECIAL SCHOOLS 1
PARTNERSHIP AND AUTONOMY ACT OF 2026"; TO CREATE NEW SECTION 2
37-142-1, MISSISSIPPI CODE OF 1972, TO SET FORTH LEGISLATIVE 3
FINDINGS RECOGNIZING THE STATEWIDE PUBLIC PURPOSE AND 4
MISSION-DRIVEN AUTONOMY OF MISSISSIPPI'S STATE SPECIAL SCHOOLS, 5
INCLUDING THE MISSISSIPPI SCHOOL FOR MATHEMATICS AND SCIENCE, THE 6
MISSISSIPPI SCHOOL OF THE ARTS, AND THE MISSISSIPPI SCHOOLS FOR 7
THE DEAF AND THE BLIND; TO DECLARE THAT ANY COLLABORATIVE 8
RELATIONSHIPS WITH PUBLIC UNIVERSITIES MUST NOT DIMINISH 9
INSTITUTIONAL, ADMINISTRATIVE, FISCAL OR OPERATIONAL INDEPENDENCE; 10
TO CREATE NEW SECTION 37-142-3, MISSISSIPPI CODE OF 1972, TO 11
DEFINE "STATE SPECIAL SCHOOL" AND "UNIVERSITY PARTNER"; TO 12
AUTHORIZE THE STATE BOARD OF EDUCATION, ACTING THROUGH THE 13
ADMINISTRATION OF A STATE SPECIAL SCHOOL, TO ENTER INTO MEMORANDA 14
OF UNDERSTANDING, COOPERATIVE AGREEMENTS AND CONTRACTS WITH A 15
UNIVERSITY PARTNER FOR ACADEMIC ENRICHMENT, INSTRUCTION, SHARED 16
FACILITIES, JOINT RESEARCH AND PROFESSIONAL DEVELOPMENT, DUAL 17
ENROLLMENT OR EARLY COLLEGE PROGRAMMING AND RELATED ACTIVITIES 18
THAT ADVANCE STUDENT LEARNING AND INSTITUTIONAL MISSIONS, SUBJECT 19
TO APPROVAL BY THE STATE BOARD OF EDUCATION; TO AUTHORIZE STATE 20
SPECIAL SCHOOLS, ON A VOLUNTARY AND RENEWABLE BASIS, TO CONTRACT 21
WITH UNIVERSITY PARTNERS FOR NONINSTRUCTIONAL SHARED SERVICES, 22
INCLUDING INFORMATION TECHNOLOGY, SAFETY AND SECURITY, 23
MAINTENANCE, CUSTODIAL SERVICES, TRANSPORTATION SUPPORT, FOOD 24
SERVICE AND OTHER OPERATIONAL FUNCTIONS; TO PROHIBIT ANY 25
PARTNERSHIP AGREEMENT FROM CONFERRING ADMINISTRATIVE, SUPERVISORY, 26
POLICY-SETTING, PERSONNEL, BUDGETARY OR DECISION-MAKING AUTHORITY 27
OVER A STATE SPECIAL SCHOOL TO A UNIVERSITY PARTNER OR TO THE 28
BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING; TO 29
PRESERVE GOVERNANCE EXCLUSIVELY IN THE STATE BOARD OF EDUCATION 30
UNLESS ALTERED BY EXPLICIT ACT OF THE LEGISLATURE; TO REQUIRE 31
PUBLIC POSTING OF ALL AGREEMENTS, SUBMISSION TO THE SENATE AND 32
HOUSE EDUCATION COMMITTEES WITHIN THIRTY DAYS OF EXECUTION, AND 33
INCLUSION OF A SUNSET, TERMINATION, OR MANDATORY REVIEW CLAUSE NOT 34
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TO EXCEED FIVE YEARS; TO AUTHORIZE PUBLIC UNIVERSITIES TO SUBMIT 35
PROPOSALS TO THE STATE DEPARTMENT OF EDUCATION FOR THE CREATION OF 36
NEW STATE SPECIAL SCHOOLS SERVING GRADES 6 THROUGH 12 ADDRESSING 37
UNMET POPULATIONS OR SPECIALTY AREAS, SUBJECT TO APPROVAL BY THE 38
STATE BOARD OF EDUCATION AND CONTINGENT UPON SUBSEQUENT 39
LEGISLATIVE AUTHORIZATION OR SPECIFIC APPROPRIATION; TO REQUIRE 40
THAT ANY STATE SPECIAL SCHOOL ESTABLISHED THEREAFTER OPERATE UNDER 41
EXCLUSIVE STATE BOARD OF EDUCATION GOVERNANCE, FUNCTION AS ITS OWN 42
FISCAL AGENT, AND INDEPENDENTLY MANAGE ITS BUDGET, STAFFING, 43
CONTRACTS, OPERATIONS, CURRICULUM, ADMISSIONS, INSTRUCTIONAL 44
METHODS AND STUDENT SUPPORTS, WITH UNIVERSITY INVOLVEMENT LIMITED 45
TO ADVISORY ROLES OR CONTRACTUAL PARTNERSHIPS EXPRESSLY PERMITTED; 46
TO REQUIRE THAT AGREEMENTS PRESERVE THE SCHOOL'S FISCAL AND 47
OPERATIONAL AUTHORITIES AND TO ESTABLISH FACILITY AND SERVICE 48
EXPECTATIONS WHEN A STATE SPECIAL SCHOOL OPERATES ON A UNIVERSITY 49
CAMPUS, INCLUDING RESPONSIBILITIES FOR MAJOR BUILDING SYSTEMS, 50
UTILITIES, MAINTENANCE STANDARDS, CONTINUITY OF HISTORICALLY 51
PROVIDED SERVICES, ACCESS TO OPERATIONAL RECORDS DURING TRANSITION 52
AND TERMS FOR STUDENT COURSE ENROLLMENT AT THE PARTNERING 53
UNIVERSITY; TO CREATE NEW SECTION 37-142-5, MISSISSIPPI CODE OF 54
1972, TO PROVIDE THAT BEGINNING IN FISCAL YEAR 2027 EACH STATE 55
SPECIAL SCHOOL SHALL BE ADDITIONALLY FUNDED THROUGH THE 56
MISSISSIPPI STUDENT FUNDING FORMULA AS AN INDEPENDENT PUBLIC 57
SCHOOL UNDER EXCLUSIVE STATE BOARD OF EDUCATION GOVERNANCE; TO 58
PROVIDE THAT FORMULA FUNDING SHALL BE GENERATED BASED ON 59
ENROLLMENT, PROGRAMMATIC WEIGHTS, AND CATEGORICAL ALLOCATIONS 60
WITHOUT LOCAL CONTRIBUTION REQUIREMENTS; TO REQUIRE DIRECT 61
ALLOCATION OF FORMULA FUNDS TO EACH STATE SPECIAL SCHOOL AS ITS 62
OWN FISCAL AGENT WITHOUT ROUTING THROUGH A SCHOOL DISTRICT, PUBLIC 63
UNIVERSITY, OR THE INSTITUTIONS OF HIGHER LEARNING; TO CLARIFY 64
THAT THE LEGISLATURE MAY PROVIDE ADDITIONAL APPROPRIATIONS OR 65
CAPITAL SUPPORT OUTSIDE THE FORMULA; AND FOR RELATED PURPOSES. 66
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 67
SECTION 1. The following shall be codified as Section 68
37-142-1, Mississippi Code of 1972: 69
37-142-1. (1) The Legislature finds and declares that 70
Mississippi's state special schools, including the Mississippi 71
School for Mathematics and Science (MSMS), the Mississippi School 72
of the Arts (MSA) and the Mississippi Schools for the Deaf and the 73
Blind (MSDB) provide specialized, mission-driven educational 74
opportunities to unique student populations across the state. 75
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These institutions serve a compelling public purpose and must 76
remain free from any institutional, administrative, fiscal or 77
operational encroachment that may diminish their autonomy or 78
mission. 79
(2) The Legislature further finds that cooperative 80
partnerships between state special schools and the state's public 81
universities may provide educational enrichment, resource sharing, 82
research opportunities and expanded student pathways, and that 83
such partnerships should be encouraged where mutually beneficial. 84
However, such collaboration must occur under a statutory framework 85
that ensures the continued independence, governance and 86
operational authority of each state special school. 87
(3) The Legislature additionally finds that public 88
universities may, where appropriate, contribute expertise toward 89
the development of future state special schools serving Grades 6 90
through 12. However, it is imperative that any such special 91
school must remain under the control of the Mississippi Department 92
of Education and governed by the State Board of Education, and 93
must operate with full fiscal and administrative independence from 94
any university or the Institutions of Higher Learning. 95
SECTION 2. The following shall be codified as Section 96
37-142-3, Mississippi Code of 1972: 97
37-142-3. (1) For purposes of this act: 98
(a) The term "state special school" means the 99
Mississippi School for Mathematics and Science (MSMS), the 100
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Mississippi School for the Arts (MSA) and the Mississippi Schools 101
for the Deaf and the Blind (MSDB), and any other special school 102
established by statute for the purpose of providing specialized 103
education services. 104
(b) The term "university partner" means any public 105
institution of higher learning governed by the Board of Trustees 106
of State Institutions of Higher Learning. 107
(2) The State Board of Education, acting through the 108
administration of any state special school, is authorized to enter 109
into memoranda of understanding, cooperative agreements or 110
contractual arrangements with a university partner for academic 111
enrichment programming, instructional services, shared use of 112
instructional or research facilities, joint research or 113
professional development initiatives, dual enrollment or 114
early-college programs or other activities that advance student 115
learning and institutional missions. Any such agreement shall 116
require approval of the State Board of Education before execution 117
and shall be entered solely for the benefit of the participating 118
state special school and its students. 119
(3) A state special school may elect, but shall not be 120
required, to contract with a university partner for 121
noninstructional shared services such as information technology 122
support, safety and security services, maintenance, custodial 123
services, transportation support, food service or other 124
operational functions. Any such service shall be provided only 125
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under a written agreement voluntarily entered by the state special 126
school, subject to annual renewal or termination at the option of 127
the school, and no state special school shall be compelled to 128
accept or continue such services. 129
(4) No partnership agreement or cooperative arrangement 130
authorized under this section shall confer, upon a university 131
partner or the Board of Trustee of State Institutions of Higher 132
Learning, any administrative authority, supervisory authority, 133
policy-setting authority, personnel authority, budgetary authority 134
or decision-making authority over a state special school. 135
Governance of state special schools shall remain exclusively 136
vested in the State Board of Education unless otherwise modified 137
by explicit act of the Legislature. 138
(5) All agreements executed pursuant to this section shall 139
be publicly posted on the websites of the participating state 140
special school and the partnering university, and copies shall be 141
submitted to the Senate and House Education Committees within 142
thirty (30) days of execution. Each agreement shall contain a 143
sunset, termination or mandatory review clause that shall not 144
exceed five (5) years from the effective date of the agreement. 145
(6) A public university may submit, to the State Department 146
of Education, a formal proposal for the creation of a new state 147
special school serving Grades 6 through 12, provided that the 148
proposed school addresses a defined student population or academic 149
specialty area not served by an existing state special school. The 150
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proposal shall require approval by the State Board of Education 151
and shall not become effective unless authorized by subsequent act 152
of the Legislature or specific line-item appropriation. 153
(7) (a) Any state special school established pursuant to 154
subsection (6) shall: 155
(i) Operate under the exclusive governance of the 156
State Board of Education; 157
(ii) Serve as its own fiscal agent; 158
(iii) Manage its own budget, staffing, contracts, 159
and operations; and 160
(iv) Not be supervised, managed, regulated or 161
operated by any university partners or the Board of Trustees of 162
State Institutions of Higher Learning. 163
(b) University-partner involvement, if any, shall be 164
limited to advisory roles or contractual partnerships expressly 165
permitted under this section. 166
(c) Every state special school shall retain and 167
exercise full authority to: 168
(i) Function as its own fiscal agent; 169
(ii) Receive, manage and expend state, federal and 170
private funds; 171
(iii) Independently negotiate, award and 172
administer contracts; 173
(iv) Hire, assign, supervise and dismiss 174
personnel; and 175
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(v) Establish, implement and evaluate curriculum, 176
admissions processes, instructional methods, student supports and 177
school operations. 178
(8) No agreement entered into under this section shall 179
diminish or transfer these authorities. Any university 180
involvement is limited to advisory partnerships or contractual 181
services. Any agreement entered into under this section shall 182
ensure that: 183
(a) Where a state special school operates on or 184
occupies facilities located on the campus of a partnering 185
university, the university partner shall remain responsible for 186
the maintenance, repair and replacement of major building systems, 187
capital improvements, and life-safety infrastructure, including 188
but not limited to structural integrity, HVAC and mechanical 189
systems, fire safety systems, and grounds upkeep associated with 190
the facilities provided for the use of the state special school, 191
unless otherwise agreed to in writing by both parties; 192
(b) Where a state special school operates on or 193
occupies facilities on a university campus, the university partner 194
shall maintain the physical spaces allocated for use by the state 195
special school to reasonable and functional standards and shall 196
provide utility services necessary for operation. In facilities 197
that lack dedicated utility meters, the university partner shall 198
apply a reasonable prorated utility allocation methodology 199
mutually agreed upon by both parties; 200
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(c) A state special school retains the authority to 201
independently contract for food services, custodial and grounds 202
services, safety and security services, and other operational 203
services, notwithstanding any service contracts maintained by a 204
partnering university or entity; 205
(d) Facilities and spaces primarily used by a state 206
special school located on a university campus shall be maintained 207
by the university partner in a condition consistent with standards 208
applied to comparable instructional facilities on that campus, 209
including reasonable standards of cleanliness, safety, 210
environmental quality and functionality. Partnerships may include 211
provisions for aesthetic or facility upgrades, improvements or 212
enhancements to ensure suitable student and staff learning 213
environments; 214
(e) Students of a state special school may enroll in 215
courses offered by a partnering university when approved by the 216
state special school's administration. Tuition, fee waivers, 217
cost-sharing, and materials access shall be determined by written 218
agreement; 219
(f) Following transition to independent fiscal agency, 220
any state special school shall retain full access to personnel, 221
financial, and operational records necessary for continuity of 222
operations. Partner institutions shall retain archival records 223
according to state records-retention laws and ensure secure 224
electronic access during transition; and 225
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(g) Services historically provided to a state special 226
school shall not be materially diminished without mutual written 227
agreement and sufficient transition time for the school to secure 228
alternative services. 229
SECTION 3. The following shall be codified as Section 230
37-142-5, Mississippi Code of 1972: 231
37-142-5. (1) Notwithstanding any other provision of law, 232
each state special school, including the Mississippi School for 233
Mathematics and Science (MSMS), the Mississippi School of the Arts 234
(MSA) and the Mississippi Schools for the Deaf and the Blind 235
(MSDB), shall be additionally funded to their yearly appropriation 236
through the Mississippi Student Funding Formula (MSFF) beginning 237
in Fiscal Year 2027. For purposes of total funding formula 238
implementation, state special schools shall be treated as 239
independent public schools operated under the exclusive governance 240
of the State Board of Education. 241
(2) Each state special school shall generate total funding 242
formula funding based on its applicable student enrollment, 243
programmatic weights and categorical allocations as determined by 244
the State Board of Education, and shall not be subject to any 245
local contribution requirement or ad valorem tax assumption. 246
(3) Total funding formula funds generated by a state special 247
school shall be allocated directly to the school as its own fiscal 248
agent and shall not flow through any school district, public 249
university or the Board of Trustees of State Institutions of 250
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ST: "Mississippi State Special Schools
Partnership and Autonomy Act of 2026";
establish.
Higher Learning. 251
(4) Nothing in this subsection shall be construed to limit 252
the Legislature's authority to provide additional direct 253
appropriations, categorical funding or capital support to state 254
special schools outside of the Mississippi Student Funding 255
Formula. 256
SECTION 4. This act shall take effect and be in force from 257
and after July 1, 2026. 258