Teacher and administrator license; deny or revoke for those who physically abuse a student.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1266

AN ACT TO AMEND SECTION 37-3-2, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE THE DENIAL OF AN APPLICATION FOR TEACHER OR ADMINISTRATOR 2
LICENSURE, OR THE REVOCATION OF AN EXISTING TEACHER OR 3
ADMINISTRATOR LICENSE, OF A PERSON WHO HAS PHYSICALLY ABUSED A 4
STUDENT; TO BRING FORWARD SECTIONS 97-3-95, 97-5-23, 97-5-24 AND 5
97-29-3, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE 6
AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 37-3-2, Mississippi Code of 1972, is 9
amended as follows: 10
37-3-2. (1) There is established within the State 11
Department of Education the Commission on Teacher and 12
Administrator Education, Certification and Licensure and 13
Development. It shall be the purpose and duty of the commission 14
to make recommendations to the State Board of Education regarding 15
standards for the certification and licensure and continuing 16
professional development of those who teach or perform tasks of an 17
educational nature in the public schools of Mississippi. 18
(2) (a) The commission shall be composed of fifteen (15) 19
qualified members. The membership of the commission shall be 20
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composed of the following members to be appointed, three (3) from 21
each of the four (4) congressional districts, as such districts 22
existed on January 1, 2011, in accordance with the population 23
calculations determined by the 2010 federal decennial census, 24
including: four (4) classroom teachers; three (3) school 25
administrators; one (1) representative of schools of education of 26
public institutions of higher learning located within the state to 27
be recommended by the Board of Trustees of State Institutions of 28
Higher Learning; one (1) representative from the schools of 29
education of independent institutions of higher learning to be 30
recommended by the Board of the Mississippi Association of 31
Independent Colleges; one (1) representative from public community 32
and junior colleges located within the state to be recommended by 33
the Mississippi Community College Board; one (1) local school 34
board member; and four (4) laypersons. Three (3) members of the 35
commission, at the sole discretion of the State Board of 36
Education, shall be appointed from the state at large. 37
(b) All appointments shall be made by the State Board 38
of Education after consultation with the State Superintendent of 39
Public Education. The first appointments by the State Board of 40
Education shall be made as follows: five (5) members shall be 41
appointed for a term of one (1) year; five (5) members shall be 42
appointed for a term of two (2) years; and five (5) members shall 43
be appointed for a term of three (3) years. Thereafter, all 44
members shall be appointed for a term of four (4) years. 45
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(3) The State Board of Education when making appointments 46
shall designate a chairman. The commission shall meet at least 47
once every two (2) months or more often if needed. Members of the 48
commission shall be compensated at a rate of per diem as 49
authorized by Section 25-3-69 and be reimbursed for actual and 50
necessary expenses as authorized by Section 25-3-41. 51
(4) (a) An appropriate staff member of the State Department 52
of Education shall be designated and assigned by the State 53
Superintendent of Public Education to serve as executive secretary 54
and coordinator for the commission. No less than two (2) other 55
appropriate staff members of the State Department of Education 56
shall be designated and assigned by the State Superintendent of 57
Public Education to serve on the staff of the commission. 58
(b) An Office of Educator Misconduct Evaluations shall 59
be established within the State Department of Education to assist 60
the commission in responding to infractions and violations, and in 61
conducting hearings and enforcing the provisions of subsections 62
(11), (12), (13), (14) and (15) of this section, and violations of 63
the Mississippi Educator Code of Ethics. 64
(5) It shall be the duty of the commission to: 65
(a) Set standards and criteria, subject to the approval 66
of the State Board of Education, for all educator preparation 67
programs in the state; 68
(b) Recommend to the State Board of Education each year 69
approval or disapproval of each educator preparation program in 70
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the state, subject to a process and schedule determined by the 71
State Board of Education; 72
(c) Establish, subject to the approval of the State 73
Board of Education, standards for initial teacher certification 74
and licensure in all fields; 75
(d) Establish, subject to the approval of the State 76
Board of Education, standards for the renewal of teacher licenses 77
in all fields; 78
(e) Review and evaluate objective measures of teacher 79
performance, such as test scores, which may form part of the 80
licensure process, and to make recommendations for their use; 81
(f) Review all existing requirements for certification 82
and licensure; 83
(g) Consult with groups whose work may be affected by 84
the commission's decisions; 85
(h) Prepare reports from time to time on current 86
practices and issues in the general area of teacher education and 87
certification and licensure; 88
(i) Hold hearings concerning standards for teachers' 89
and administrators' education and certification and licensure with 90
approval of the State Board of Education; 91
(j) Hire expert consultants with approval of the State 92
Board of Education; 93
(k) Set up ad hoc committees to advise on specific 94
areas; 95
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(l) Perform such other functions as may fall within 96
their general charge and which may be delegated to them by the 97
State Board of Education; and 98
(m) Establish standards, subject to the approval of the 99
State Board of Education, for supplemental endorsements, provided 100
that the standards allow teachers as many options as possible to 101
receive a supplemental endorsement, including, but not limited to, 102
the option of taking additional coursework or earning at least the 103
minimum qualifying score or higher on the required licensure 104
subject assessment relevant to the endorsement area for which the 105
licensure is sought. The subject assessment option shall not 106
apply to certain subject areas, including, but not limited to, 107
Early/Primary Education PreK-3, Elementary Education, or Special 108
Education, except by special approval by the State Board of 109
Education. 110
(6) (a) Standard License - Approved Program Route. An 111
educator entering the school system of Mississippi for the first 112
time and meeting all requirements as established by the State 113
Board of Education shall be granted a standard five-year license. 114
Persons who possess two (2) years of classroom experience as an 115
assistant teacher or who have taught for one (1) year in an 116
accredited public or private school shall be allowed to fulfill 117
student teaching requirements under the supervision of a qualified 118
participating teacher approved by an accredited college of 119
education. The local school district in which the assistant 120
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teacher is employed shall compensate such assistant teachers at 121
the required salary level during the period of time such 122
individual is completing student teaching requirements. 123
Applicants for a standard license shall submit to the department: 124
(i) An application on a department form; 125
(ii) An official transcript of completion of a 126
teacher education program approved by the department or a 127
nationally accredited program, subject to the following: 128
Licensure to teach in Mississippi prekindergarten through 129
kindergarten classrooms shall require completion of a teacher 130
education program or a Bachelor of Science degree with child 131
development emphasis from a program accredited by the American 132
Association of Family and Consumer Sciences (AAFCS) or by the 133
National Association for Education of Young Children (NAEYC) or by 134
the National Council for Accreditation of Teacher Education 135
(NCATE). Licensure to teach in Mississippi kindergarten, for 136
those applicants who have completed a teacher education program, 137
and in Grade 1 through Grade 4 shall require the completion of an 138
interdisciplinary program of studies. Licenses for Grades 4 139
through 8 shall require the completion of an interdisciplinary 140
program of studies with two (2) or more areas of concentration. 141
Licensure to teach in Mississippi Grades 7 through 12 shall 142
require a major in an academic field other than education, or a 143
combination of disciplines other than education. Students 144
preparing to teach a subject shall complete a major in the 145
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respective subject discipline. All applicants for standard 146
licensure shall demonstrate that such person's college preparation 147
in those fields was in accordance with the standards set forth by 148
the National Council for Accreditation of Teacher Education 149
(NCATE) or the National Association of State Directors of Teacher 150
Education and Certification (NASDTEC) or, for those applicants who 151
have a Bachelor of Science degree with child development emphasis, 152
the American Association of Family and Consumer Sciences (AAFCS). 153
Effective July 1, 2016, for initial elementary education 154
licensure, a teacher candidate must earn a passing score on a 155
rigorous test of scientifically research-based reading instruction 156
and intervention and data-based decision-making principles as 157
approved by the State Board of Education; 158
(iii) A copy of test scores evidencing 159
satisfactory completion of nationally administered examinations of 160
achievement, such as the Educational Testing Service's teacher 161
testing examinations; 162
(iv) Any other document required by the State 163
Board of Education; and 164
(v) From and after July 1, 2020, no teacher 165
candidate shall be licensed to teach in Mississippi who did not 166
meet the following criteria for entrance into an approved teacher 167
education program: 168
1. An ACT Score of twenty-one (21) (or SAT 169
equivalent); or 170
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2. Achieve a qualifying passing score on the 171
Praxis Core Academic Skills for Educators examination as 172
established by the State Board of Education; or 173
3. A minimum GPA of 3.0 on coursework prior 174
to admission to an approved teacher education program. 175
(b) (i) Standard License - Nontraditional Teaching 176
Route. From and after July 1, 2020, no teacher candidate shall be 177
licensed to teach in Mississippi under the alternate route who did 178
not meet the following criteria: 179
1. An ACT Score of twenty-one (21) (or SAT 180
equivalent); or 181
2. Achieve a qualifying passing score on the 182
Praxis Core Academic Skills for Educators examination as 183
established by the State Board of Education; or 184
3. A minimum GPA of 3.0 on coursework prior 185
to admission to an approved teacher education program. 186
(ii) Beginning July 1, 2020, an individual who has 187
attained a passing score on the Praxis Core Academic Skills for 188
Educators or an ACT Score of twenty-one (21) (or SAT equivalent) 189
or a minimum GPA of 3.0 on coursework prior to admission to an 190
approved teacher education program and a passing score on the 191
Praxis Subject Assessment in the requested area of endorsement may 192
apply for admission to the Teach Mississippi Institute (TMI) 193
program to teach students in Grades 7 through 12 if the individual 194
meets the requirements of this paragraph (b). The State Board of 195
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Education shall adopt rules requiring that teacher preparation 196
institutions which provide the Teach Mississippi Institute (TMI) 197
program for the preparation of nontraditional teachers shall meet 198
the standards and comply with the provisions of this paragraph. 199
1. The Teach Mississippi Institute (TMI) 200
shall include an intensive eight-week, nine-semester-hour summer 201
program or a curriculum of study in which the student matriculates 202
in the fall or spring semester, which shall include, but not be 203
limited to, instruction in education, effective teaching 204
strategies, classroom management, state curriculum requirements, 205
planning and instruction, instructional methods and pedagogy, 206
using test results to improve instruction, and a one (1) semester 207
three-hour supervised internship to be completed while the teacher 208
is employed as a full-time teacher intern in a local school 209
district. The TMI shall be implemented on a pilot program basis, 210
with courses to be offered at up to four (4) locations in the 211
state, with one (1) TMI site to be located in each of the three 212
(3) Mississippi Supreme Court districts. 213
2. The school sponsoring the teacher intern 214
shall enter into a written agreement with the institution 215
providing the Teach Mississippi Institute (TMI) program, under 216
terms and conditions as agreed upon by the contracting parties, 217
providing that the school district shall provide teacher interns 218
seeking a nontraditional provisional teaching license with a 219
one-year classroom teaching experience. The teacher intern shall 220
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successfully complete the one (1) semester three-hour intensive 221
internship in the school district during the semester immediately 222
following successful completion of the TMI and prior to the end of 223
the one-year classroom teaching experience. 224
3. Upon completion of the nine-semester-hour 225
TMI or the fall or spring semester option, the individual shall 226
submit his transcript to the commission for provisional licensure 227
of the intern teacher, and the intern teacher shall be issued a 228
provisional teaching license by the commission, which will allow 229
the individual to legally serve as a teacher while the person 230
completes a nontraditional teacher preparation internship program. 231
4. During the semester of internship in the 232
school district, the teacher preparation institution shall monitor 233
the performance of the intern teacher. The school district that 234
employs the provisional teacher shall supervise the provisional 235
teacher during the teacher's intern year of employment under a 236
nontraditional provisional license, and shall, in consultation 237
with the teacher intern's mentor at the school district of 238
employment, submit to the commission a comprehensive evaluation of 239
the teacher's performance sixty (60) days prior to the expiration 240
of the nontraditional provisional license. If the comprehensive 241
evaluation establishes that the provisional teacher intern's 242
performance fails to meet the standards of the approved 243
nontraditional teacher preparation internship program, the 244
individual shall not be approved for a standard license. 245
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5. An individual issued a provisional 246
teaching license under this nontraditional route shall 247
successfully complete, at a minimum, a one-year beginning teacher 248
mentoring and induction program administered by the employing 249
school district with the assistance of the State Department of 250
Education. 251
6. Upon successful completion of the TMI and 252
the internship provisional license period, applicants for a 253
Standard License - Nontraditional Route shall submit to the 254
commission a transcript of successful completion of the twelve 255
(12) semester hours required in the internship program, and the 256
employing school district shall submit to the commission a 257
recommendation for standard licensure of the intern. If the 258
school district recommends licensure, the applicant shall be 259
issued a Standard License - Nontraditional Route which shall be 260
valid for a five-year period and be renewable. 261
7. At the discretion of the teacher 262
preparation institution, the individual shall be allowed to credit 263
the twelve (12) semester hours earned in the nontraditional 264
teacher internship program toward the graduate hours required for 265
a Master of Arts in Teacher (MAT) Degree. 266
8. The local school district in which the 267
nontraditional teacher intern or provisional licensee is employed 268
shall compensate such teacher interns at Step 1 of the required 269
salary level during the period of time such individual is 270
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completing teacher internship requirements and shall compensate 271
such Standard License - Nontraditional Route teachers at Step 3 of 272
the required salary level when they complete license requirements. 273
(iii) Implementation of the TMI program provided 274
for under this paragraph (b) shall be contingent upon the 275
availability of funds appropriated specifically for such purpose 276
by the Legislature. Such implementation of the TMI program may 277
not be deemed to prohibit the State Board of Education from 278
developing and implementing additional alternative route teacher 279
licensure programs, as deemed appropriate by the board. The 280
emergency certification program in effect prior to July 1, 2002, 281
shall remain in effect. 282
(iv) A Standard License - Approved Program Route 283
shall be issued for a five-year period, and may be renewed. 284
Recognizing teaching as a profession, a hiring preference shall be 285
granted to persons holding a Standard License - Approved Program 286
Route or Standard License - Nontraditional Teaching Route over 287
persons holding any other license. 288
(c) Special License - Expert Citizen. In order to 289
allow a school district to offer specialized or technical courses, 290
the State Department of Education, in accordance with rules and 291
regulations established by the State Board of Education, may grant 292
a five-year expert citizen-teacher license to local business or 293
other professional personnel to teach in a public school or 294
nonpublic school accredited or approved by the state. Such person 295
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shall be required to have a high school diploma, an 296
industry-recognized certification related to the subject area in 297
which they are teaching and a minimum of five (5) years of 298
relevant experience but shall not be required to hold an associate 299
or bachelor's degree, provided that he or she possesses the 300
minimum qualifications required for his or her profession, and may 301
begin teaching upon his employment by the local school board and 302
licensure by the Mississippi Department of Education. If a school 303
board hires a career technical education pathway instructor who 304
does not have an industry certification in his or her area of 305
expertise but does have the required experience, the school board 306
shall spread their decision on the minutes at their next meeting 307
and provide a detailed explanation for why they hired the 308
instructor. Such instructor shall present the minutes of the 309
school board to the State Department of Education when he or she 310
applies for an expert citizen license. The board shall adopt 311
rules and regulations to administer the expert citizen-teacher 312
license. A Special License - Expert Citizen may be renewed in 313
accordance with the established rules and regulations of the State 314
Department of Education. 315
(d) Special License - Nonrenewable. The State Board of 316
Education is authorized to establish rules and regulations to 317
allow those educators not meeting requirements in paragraph (a), 318
(b) or (c) of this subsection (6) to be licensed for a period of 319
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not more than three (3) years, except by special approval of the 320
State Board of Education. 321
(e) Nonlicensed Teaching Personnel. A nonlicensed 322
person may teach for a maximum of three (3) periods per teaching 323
day in a public school district or a nonpublic school 324
accredited/approved by the state. Such person shall submit to the 325
department a transcript or record of his education and experience 326
which substantiates his preparation for the subject to be taught 327
and shall meet other qualifications specified by the commission 328
and approved by the State Board of Education. In no case shall 329
any local school board hire nonlicensed personnel as authorized 330
under this paragraph in excess of five percent (5%) of the total 331
number of licensed personnel in any single school. 332
(f) Special License - Transitional Bilingual Education. 333
Beginning July 1, 2003, the commission shall grant special 334
licenses to teachers of transitional bilingual education who 335
possess such qualifications as are prescribed in this section. 336
Teachers of transitional bilingual education shall be compensated 337
by local school boards at not less than one (1) step on the 338
regular salary schedule applicable to permanent teachers licensed 339
under this section. The commission shall grant special licenses 340
to teachers of transitional bilingual education who present the 341
commission with satisfactory evidence that they (i) possess a 342
speaking and reading ability in a language, other than English, in 343
which bilingual education is offered and communicative skills in 344
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English; (ii) are in good health and sound moral character; (iii) 345
possess a bachelor's degree or an associate's degree in teacher 346
education from an accredited institution of higher education; (iv) 347
meet such requirements as to courses of study, semester hours 348
therein, experience and training as may be required by the 349
commission; and (v) are legally present in the United States and 350
possess legal authorization for employment. A teacher of 351
transitional bilingual education serving under a special license 352
shall be under an exemption from standard licensure if he achieves 353
the requisite qualifications therefor. Two (2) years of service 354
by a teacher of transitional bilingual education under such an 355
exemption shall be credited to the teacher in acquiring a Standard 356
Educator License. Nothing in this paragraph shall be deemed to 357
prohibit a local school board from employing a teacher licensed in 358
an appropriate field as approved by the State Department of 359
Education to teach in a program in transitional bilingual 360
education. 361
(g) In the event any school district meets the highest 362
accreditation standards as defined by the State Board of Education 363
in the accountability system, the State Board of Education, in its 364
discretion, may exempt such school district from any restrictions 365
in paragraph (e) relating to the employment of nonlicensed 366
teaching personnel. 367
(h) Highly Qualified Teachers. Beginning July 1, 2006, 368
any teacher from any state meeting the federal definition of 369
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highly qualified, as described in the No Child Left Behind Act, 370
must be granted a standard five-year license by the State 371
Department of Education. 372
(7) Administrator License. The State Board of Education is 373
authorized to establish rules and regulations and to administer 374
the licensure process of the school administrators in the State of 375
Mississippi. There will be four (4) categories of administrator 376
licensure with exceptions only through special approval of the 377
State Board of Education. 378
(a) Administrator License - Nonpracticing. Those 379
educators holding administrative endorsement but having no 380
administrative experience or not serving in an administrative 381
position on January 15, 1997. 382
(b) Administrator License - Entry Level. Those 383
educators holding administrative endorsement and having met the 384
department's qualifications to be eligible for employment in a 385
Mississippi school district. Administrator License - Entry Level 386
shall be issued for a five-year period and shall be nonrenewable. 387
(c) Standard Administrator License - Career Level. An 388
administrator who has met all the requirements of the department 389
for standard administrator licensure. 390
(d) Administrator License - Nontraditional Route. The 391
board may establish a nontraditional route for licensing 392
administrative personnel. Such nontraditional route for 393
administrative licensure shall be available for persons holding, 394
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but not limited to, a master of business administration degree, a 395
master of public administration degree, a master of public 396
planning and policy degree or a doctor of jurisprudence degree 397
from an accredited college or university, with five (5) years of 398
administrative or supervisory experience. Successful completion 399
of the requirements of alternate route licensure for 400
administrators shall qualify the person for a standard 401
administrator license. 402
Individuals seeking school administrator licensure under 403
paragraph (b), (c) or (d) shall successfully complete a training 404
program and an assessment process prescribed by the State Board of 405
Education. All applicants for school administrator licensure 406
shall meet all requirements prescribed by the department under 407
paragraph (b), (c) or (d), and the cost of the assessment process 408
required shall be paid by the applicant. 409
(8) Reciprocity. The department shall grant a standard 410
five-year license to any individual who possesses a valid standard 411
license from another state, or another country or political 412
subdivision thereof, within a period of twenty-one (21) days from 413
the date of a completed application. The issuance of a license by 414
reciprocity to a military-trained applicant, military spouse or 415
person who establishes residence in this state shall be subject to 416
the provisions of Section 73-50-1 or 73-50-2, as applicable. 417
(9) Renewal and Reinstatement of Licenses. The State Board 418
of Education is authorized to establish rules and regulations for 419
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the renewal and reinstatement of educator and administrator 420
licenses. Effective May 15, 1997, the valid standard license held 421
by an educator shall be extended five (5) years beyond the 422
expiration date of the license in order to afford the educator 423
adequate time to fulfill new renewal requirements established 424
pursuant to this subsection. An educator completing a master of 425
education, educational specialist or doctor of education degree in 426
May 1997 for the purpose of upgrading the educator's license to a 427
higher class shall be given this extension of five (5) years plus 428
five (5) additional years for completion of a higher degree. For 429
all license types with a current valid expiration date of June 30, 430
2021, the State Department of Education shall grant a one-year 431
extension to June 30, 2022. Beginning July 1, 2022, and 432
thereafter, applicants for licensure renewal shall meet all 433
requirements in effect on the date that the complete application 434
is received by the State Department of Education. 435
(10) All controversies involving the issuance, revocation, 436
suspension or any change whatsoever in the licensure of an 437
educator required to hold a license shall be initially heard in a 438
hearing de novo, by the commission or by a subcommittee 439
established by the commission and composed of commission members, 440
or by a hearing officer retained and appointed by the commission, 441
for the purpose of holding hearings. Any complaint seeking the 442
denial of issuance, revocation or suspension of a license shall be 443
by sworn affidavit filed with the Commission on Teacher and 444
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Administrator Education, Certification and Licensure and 445
Development. The decision thereon by the commission, its 446
subcommittee or hearing officer, shall be final, unless the 447
aggrieved party shall appeal to the State Board of Education, 448
within ten (10) days, of the decision of the commission, its 449
subcommittee or hearing officer. An appeal to the State Board of 450
Education shall be perfected upon filing a notice of the appeal 451
and by the prepayment of the costs of the preparation of the 452
record of proceedings by the commission, its subcommittee or 453
hearing officer. An appeal shall be on the record previously made 454
before the commission, its subcommittee or hearing officer, unless 455
otherwise provided by rules and regulations adopted by the board. 456
The decision of the commission, its subcommittee or hearing 457
officer shall not be disturbed on appeal if supported by 458
substantial evidence, was not arbitrary or capricious, within the 459
authority of the commission, and did not violate some statutory or 460
constitutional right. The State Board of Education in its 461
authority may reverse, or remand with instructions, the decision 462
of the commission, its subcommittee or hearing officer. The 463
decision of the State Board of Education shall be final. 464
(11) (a) The State Board of Education, acting through the 465
commission, may deny an application for any teacher or 466
administrator license for one or more of the following: 467
(i) Lack of qualifications which are prescribed by 468
law or regulations adopted by the State Board of Education; 469
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(ii) The applicant has a physical, emotional or 470
mental disability that renders the applicant unfit to perform the 471
duties authorized by the license, as certified by a licensed 472
psychologist or psychiatrist; 473
(iii) The applicant is actively addicted to or 474
actively dependent on alcohol or other habit-forming drugs or is a 475
habitual user of narcotics, barbiturates, amphetamines, 476
hallucinogens or other drugs having similar effect, at the time of 477
application for a license; 478
(iv) Fraud or deceit committed by the applicant in 479
securing or attempting to secure such certification and license; 480
(v) Failing or refusing to furnish reasonable 481
evidence of identification; 482
(vi) The applicant has been convicted, has pled 483
guilty or entered a plea of nolo contendere to a felony, as 484
defined by federal or state law. For purposes of this 485
subparagraph (vi) of this paragraph (a), a "guilty plea" includes 486
a plea of guilty, entry of a plea of nolo contendere, or entry of 487
an order granting pretrial or judicial diversion; 488
(vii) The applicant or licensee is on probation or 489
post-release supervision for a felony or conviction, as defined by 490
federal or state law. However, this disqualification expires upon 491
the end of the probationary or post-release supervision period. 492
(b) The State Board of Education, acting through the 493
commission, shall deny an application for any teacher or 494
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administrator license, or immediately revoke the current teacher 495
or administrator license, for one or more of the following: 496
(i) If the applicant or licensee has been 497
convicted, has pled guilty or entered a plea of nolo contendere to 498
a sex offense as defined by federal or state law. For purposes of 499
this subparagraph (i) of this paragraph (b), a "guilty plea" 500
includes a plea of guilty, entry of a plea of nolo contendere, or 501
entry of an order granting pretrial or judicial diversion; 502
(ii) The applicant or licensee is on probation or 503
post-release supervision for a sex offense conviction, as defined 504
by federal or state law; 505
(iii) The license holder has fondled a student as 506
described in Section 97-5-23, or had any type of sexual 507
involvement with a student as described in Section 97-3-95; * * * 508
(iv) The license holder has failed to report 509
sexual involvement of a school employee with a student as required 510
by Section 97-5-24 * * *; 511
(v) The applicant or license holder has been 512
convicted, pled guilty or entered a plea of nolo contendere to 513
physical child abuse of a student; or 514
(vi) The applicant or license holder is on 515
probation or post-release supervision for a conviction of physical 516
child abuse of a student. 517
(12) The State Board of Education, acting through the 518
commission, may revoke, suspend or refuse to renew any teacher or 519
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administrator license for specified periods of time or may place 520
on probation, reprimand a licensee, or take other disciplinary 521
action with regard to any license issued under this chapter for 522
one or more of the following: 523
(a) Breach of contract or abandonment of employment may 524
result in the suspension of the license for one (1) school year as 525
provided in Section 37-9-57; 526
(b) Obtaining a license by fraudulent means shall 527
result in immediate suspension and continued suspension for one 528
(1) year after correction is made; 529
(c) Suspension or revocation of a certificate or 530
license by another state shall result in immediate suspension or 531
revocation and shall continue until records in the prior state 532
have been cleared; 533
(d) The license holder has been convicted, has pled 534
guilty or entered a plea of nolo contendere to a felony, as 535
defined by federal or state law. For purposes of this paragraph, 536
a "guilty plea" includes a plea of guilty, entry of a plea of nolo 537
contendere, or entry of an order granting pretrial or judicial 538
diversion; 539
(e) The license holder knowingly and willfully 540
committing any of the acts affecting validity of mandatory uniform 541
test results as provided in Section 37-16-4(1); 542
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(f) The license holder has engaged in unethical conduct 543
relating to an educator/student relationship as identified by the 544
State Board of Education in its rules; 545
(g) The license holder served as superintendent or 546
principal in a school district during the time preceding and/or 547
that resulted in the Governor declaring a state of emergency and 548
the State Board of Education appointing a conservator; 549
(h) The license holder submitted a false certification 550
to the State Department of Education that a statewide test was 551
administered in strict accordance with the Requirements of the 552
Mississippi Statewide Assessment System; or 553
(i) The license holder has failed to comply with the 554
Procedures for Reporting Infractions as promulgated by the 555
commission and approved by the State Board of Education pursuant 556
to subsection (15) of this section. 557
For purposes of this subsection, probation shall be defined 558
as a length of time determined by the commission, its subcommittee 559
or hearing officer, and based on the severity of the offense in 560
which the license holder shall meet certain requirements as 561
prescribed by the commission, its subcommittee or hearing officer. 562
Failure to complete the requirements in the time specified shall 563
result in immediate suspension of the license for one (1) year. 564
(13) (a) Dismissal or suspension of a licensed employee by 565
a local school board pursuant to Section 37-9-59 may result in the 566
suspension or revocation of a license for a length of time which 567
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shall be determined by the commission and based upon the severity 568
of the offense. 569
(b) Any offense committed or attempted in any other 570
state shall result in the same penalty as if committed or 571
attempted in this state. 572
(c) A person may voluntarily surrender a license. The 573
surrender of such license may result in the commission 574
recommending any of the above penalties without the necessity of a 575
hearing. However, any such license which has voluntarily been 576
surrendered by a licensed employee may only be reinstated by a 577
majority vote of all members of the commission present at the 578
meeting called for such purpose. 579
(14) (a) A person whose license has been suspended or 580
surrendered on any grounds except criminal grounds may petition 581
for reinstatement of the license after one (1) year from the date 582
of suspension or surrender, or after one-half (1/2) of the 583
suspended or surrendered time has lapsed, whichever is greater. A 584
person whose license has been suspended or revoked on any grounds 585
or violations under subsection (12) of this section may be 586
reinstated automatically or approved for a reinstatement hearing, 587
upon submission of a written request to the commission. A license 588
suspended, revoked or surrendered on criminal grounds may be 589
reinstated upon petition to the commission filed after expiration 590
of the sentence and parole or probationary period imposed upon 591
conviction. A revoked, suspended or surrendered license may be 592
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reinstated upon satisfactory showing of evidence of 593
rehabilitation. The commission shall require all who petition for 594
reinstatement to furnish evidence satisfactory to the commission 595
of good character, good mental, emotional and physical health and 596
such other evidence as the commission may deem necessary to 597
establish the petitioner's rehabilitation and fitness to perform 598
the duties authorized by the license. 599
(b) A person whose license expires while under 600
investigation by the Office of Educator Misconduct for an alleged 601
violation may not be reinstated without a hearing before the 602
commission if required based on the results of the investigation. 603
(15) Reporting procedures and hearing procedures for dealing 604
with infractions under this section shall be promulgated by the 605
commission, subject to the approval of the State Board of 606
Education. The revocation or suspension of a license shall be 607
effected at the time indicated on the notice of suspension or 608
revocation. The commission shall immediately notify the 609
superintendent of the school district or school board where the 610
teacher or administrator is employed of any disciplinary action 611
and also notify the teacher or administrator of such revocation or 612
suspension and shall maintain records of action taken. The State 613
Board of Education may reverse or remand with instructions any 614
decision of the commission, its subcommittee or hearing officer 615
regarding a petition for reinstatement of a license, and any such 616
decision of the State Board of Education shall be final. 617
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(16) An appeal from the action of the State Board of 618
Education in denying an application, revoking or suspending a 619
license or otherwise disciplining any person under the provisions 620
of this section shall be filed in the Chancery Court of the First 621
Judicial District of Hinds County, Mississippi, on the record 622
made, including a verbatim transcript of the testimony at the 623
hearing. The appeal shall be filed within thirty (30) days after 624
notification of the action of the board is mailed or served and 625
the proceedings in chancery court shall be conducted as other 626
matters coming before the court. The appeal shall be perfected 627
upon filing notice of the appeal and by the prepayment of all 628
costs, including the cost of preparation of the record of the 629
proceedings by the State Board of Education, and the filing of a 630
bond in the sum of Two Hundred Dollars ($200.00) conditioned that 631
if the action of the board be affirmed by the chancery court, the 632
applicant or license holder shall pay the costs of the appeal and 633
the action of the chancery court. 634
(17) All such programs, rules, regulations, standards and 635
criteria recommended or authorized by the commission shall become 636
effective upon approval by the State Board of Education as 637
designated by appropriate orders entered upon the minutes thereof. 638
(18) The granting of a license shall not be deemed a 639
property right nor a guarantee of employment in any public school 640
district. A license is a privilege indicating minimal eligibility 641
for teaching in the public school districts of Mississippi. This 642
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section shall in no way alter or abridge the authority of local 643
school districts to require greater qualifications or standards of 644
performance as a prerequisite of initial or continued employment 645
in such districts. 646
(19) In addition to the reasons specified in subsections 647
(12) and (13) of this section, the board shall be authorized to 648
suspend the license of any licensee for being out of compliance 649
with an order for support, as defined in Section 93-11-153. The 650
procedure for suspension of a license for being out of compliance 651
with an order for support, and the procedure for the reissuance or 652
reinstatement of a license suspended for that purpose, and the 653
payment of any fees for the reissuance or reinstatement of a 654
license suspended for that purpose, shall be governed by Section 655
93-11-157 or 93-11-163, as the case may be. Actions taken by the 656
board in suspending a license when required by Section 93-11-157 657
or 93-11-163 are not actions from which an appeal may be taken 658
under this section. Any appeal of a license suspension that is 659
required by Section 93-11-157 or 93-11-163 shall be taken in 660
accordance with the appeal procedure specified in Section 661
93-11-157 or 93-11-163, as the case may be, rather than the 662
procedure specified in this section. If there is any conflict 663
between any provision of Section 93-11-157 or 93-11-163 and any 664
provision of this chapter, the provisions of Section 93-11-157 or 665
93-11-163, as the case may be, shall control. 666
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(20) The Department of Education shall grant and renew all 667
licenses and certifications of teachers and administrators within 668
twenty-one (21) days from the date of a completed application if 669
the applicant has otherwise met all established requirements for 670
the license or certification. 671
SECTION 2. Section 97-3-95, Mississippi Code of 1972, is 672
brought forward as follows: 673
97-3-95. (1) A person is guilty of sexual battery if he or 674
she engages in sexual penetration with: 675
(a) Another person without his or her consent; 676
(b) A mentally defective, mentally incapacitated or 677
physically helpless person; 678
(c) A child at least fourteen (14) but under sixteen 679
(16) years of age, if the person is thirty-six (36) or more months 680
older than the child; or 681
(d) A child under the age of fourteen (14) years of 682
age, if the person is twenty-four (24) or more months older than 683
the child. 684
(2) A person is guilty of sexual battery if he or she 685
engages in sexual penetration with a child under the age of 686
eighteen (18) years if the person is in a position of trust or 687
authority over the child including, without limitation, the 688
child's teacher, counselor, physician, psychiatrist, psychologist, 689
minister, priest, physical therapist, chiropractor, legal 690
guardian, parent, stepparent, aunt, uncle, scout leader or coach. 691
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SECTION 3. Section 97-5-23, Mississippi Code of 1972, is 692
brought forward as follows: 693
97-5-23. (1) Any person above the age of eighteen (18) 694
years, who, for the purpose of gratifying his or her lust, or 695
indulging his or her depraved licentious sexual desires, shall 696
handle, touch or rub with hands or any part of his or her body or 697
any member thereof, or with any object, any child under the age of 698
sixteen (16) years, with or without the child's consent, or a 699
mentally defective, mentally incapacitated or physically helpless 700
person as defined in Section 97-3-97, shall be guilty of a felony 701
and, upon conviction thereof, shall be fined in a sum not less 702
than One Thousand Dollars ($1,000.00) nor more than Five Thousand 703
Dollars ($5,000.00), or be committed to the custody of the State 704
Department of Corrections not less than two (2) years nor more 705
than fifteen (15) years, or be punished by both such fine and 706
imprisonment, at the discretion of the court. 707
(2) Any person above the age of eighteen (18) years, who, 708
for the purpose of gratifying his or her lust, or indulging his or 709
her depraved licentious sexual desires, shall handle, touch or rub 710
with hands or any part of his or her body or any member thereof, 711
any child younger than himself or herself and under the age of 712
eighteen (18) years who is not such person's spouse, with or 713
without the child's consent, when the person occupies a position 714
of trust or authority over the child shall be guilty of a felony 715
and, upon conviction thereof, shall be fined in a sum not less 716
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than One Thousand Dollars ($1,000.00) nor more than Five Thousand 717
Dollars ($5,000.00), or be committed to the custody of the State 718
Department of Corrections not less than two (2) years nor more 719
than fifteen (15) years, or be punished by both such fine and 720
imprisonment, at the discretion of the court. A person in a 721
position of trust or authority over a child includes without 722
limitation a child's teacher, counselor, physician, psychiatrist, 723
psychologist, minister, priest, physical therapist, chiropractor, 724
legal guardian, parent, stepparent, aunt, uncle, scout leader or 725
coach. 726
(3) Upon a second conviction for an offense under this 727
section or a substantially similar offense under the laws of 728
another state, the person so convicted shall be punished by 729
commitment to the State Department of Corrections for a term not 730
to exceed twenty (20) years. 731
SECTION 4. Section 97-5-24, Mississippi Code of 1972, is 732
brought forward as follows: 733
97-5-24. If any person eighteen (18) years or older who is 734
employed by any public school district or private school in this 735
state is accused of fondling or having any type of sexual 736
involvement with any child under the age of eighteen (18) years 737
who is enrolled in such school, the principal of such school and 738
the superintendent of such school district shall timely notify the 739
district attorney with jurisdiction where the school is located of 740
such accusation, the Mississippi Department of Education and the 741
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ST: Teacher and administrator license; deny or
revoke for those who physically abuse a student.
Department of Child Protection Services, provided that such 742
accusation is reported to the principal and to the school 743
superintendent and that there is a reasonable basis to believe 744
that such accusation is true. Any superintendent, or his 745
designee, who fails to make a report required by this section 746
shall be subject to the penalties provided in Section 37-11-35. 747
Any superintendent, principal, teacher or other school personnel 748
participating in the making of a required report pursuant to this 749
section or participating in any judicial proceeding resulting 750
therefrom shall be presumed to be acting in good faith. Any 751
person reporting in good faith shall be immune from any civil 752
liability that might otherwise be incurred or imposed. 753
SECTION 5. Section 97-29-3, Mississippi Code of 1972, is 754
brought forward as follows: 755
97-29-3. If any teacher and any pupil under eighteen (18) 756
years of age of such teacher, not being married to each other, 757
shall have sexual intercourse, each with the other, they shall, 758
for every such offense, be fined in any sum, not more than Five 759
Hundred Dollars ($500.00) each, and the teacher may be imprisoned 760
not less than three (3) months nor more than six (6) months. 761
SECTION 6. This act shall take effect and be in force from 762
and after July 1, 2026. 763