Agriculture, Science, Commerce, Engineering, Nursing and Technical Skills (ASCENT) to Excellence Early College High School; create at Alcorn State University.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Holloway (76th)

HOUSE BILL NO. 1548

AN ACT TO ESTABLISH THE ALCORN STATE UNIVERSITY AGRICULTURE, 1
SCIENCE, COMMERCE, ENGINEERING, NURSING, AND TECHNICAL SKILLS 2
(ASCENT) TO EXCELLENCE EARLY COLLEGE HIGH SCHOOL; TO PROVIDE THAT 3
THE MISSISSIPPI BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER 4
LEARNING SHALL OVERSEE THE DEVELOPMENT AND IMPLEMENTATION OF AN ON 5
CAMPUS EARLY COLLEGE HIGH SCHOOL AT ALCORN STATE UNIVERSITY; TO 6
PROVIDE THAT ELIGIBLE STUDENTS IN GRADES 9 THROUGH 12 MAY BE 7
SELECTED FROM ACROSS VARIOUS SCHOOL DISTRICTS THROUGHOUT THE STATE 8
OF MISSISSIPPI TO ATTEND THE ASCENT TO EXCELLENCE EARLY COLLEGE 9
HIGH SCHOOL; TO REQUIRE ALCORN STATE UNIVERSITY TO PROVIDE THE 10
SPACE, CURRICULUM, INSTRUCTORS, MINIMUM STANDARDS AND OTHER 11
REQUIREMENTS FOR THE HIGH SCHOOL; TO PROVIDE A MAXIMUM AMOUNT OF 12
ANNUAL FUNDS THAT MAY BE APPROPRIATED TO THE PROGRAM; TO BRING 13
FORWARD SECTIONS 37-13-81, 37-13-83, 37-13-85, 37-13-87, 37-13-89, 14
37-13-91, 37-13-107, 37-101-1, 37-121-1, 37-15-31, 37-15-38, 15
37-16-3, 37-16-4, 37-16-5, 37-17-7, 37-17-6, 37-57-107, 37-151-93 16
AND 37-151-103, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF 17
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. This act shall be known and may be cited as the 20
"Alcorn State University Agriculture, Science, Commerce, 21
Engineering, Nursing, and Technical Skills (ASCENT) To Excellence 22
Early College Act". 23
SECTION 2. (a) The Mississippi Board of Trustees of State 24
Institutions of Higher Learning shall oversee the development and 25
implementation of an on-campus early-college high school at Alcorn 26
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State University. The board shall have independent and exclusive 27
autonomy to promulgate rules and regulations necessary for the 28
operation, funding and governance of the on-campus early-college 29
high school to be administered on the campus of Alcorn State 30
University. 31
(b) In addition, the board may allow Alcorn State 32
University to establish and enter into a contractual partnership 33
with a local public school district for the operation of a charter 34
school on its campus. 35
SECTION 3. (1) There is created the Agriculture, Science, 36
Commerce, Engineering, Nursing, and Technical Skills (ASCENT) to 37
Excellence Early College High School for Grades 9 through 12 at 38
Alcorn State University. 39
(2) The (ASCENT) to Excellence Early College High School 40
shall be administered by Alcorn State University under the 41
direction and oversight of the Board of Trustees of State 42
Institutions of Higher Learning. The school shall emphasize a 43
curriculum on agriculture, science, commerce and business, 44
engineering, nursing or technical skills, trades and workforce 45
development that optimize opportunities for credentialing and 46
certification, or any combination thereof. 47
SECTION 4. Eligible students in Grades 9 through 12 may be 48
selected from across various school districts throughout the State 49
of Mississippi to attend the ASCENT to Excellence Early College 50
High School at Alcorn State University. 51
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SECTION 5. (1) Alcorn State University shall: 52
(a) Allocate space within existing facilities or 53
construct appropriate facilities for classrooms, laboratories and 54
optional residential housing for students selected to participate 55
in the ASCENT to Excellence Early College High School; 56
(b) Employ the requisite number of licensed teachers, 57
administrators, staff and certified instructors with specific 58
subject matter credentials in the content areas and subsidiary 59
courses offered at each host institution to meet academic and 60
operational requirements; 61
(c) Establish minimum standards governing annual 62
increases in the academic performance indicators that are agreed 63
upon with the board; 64
(d) No later than thirty (30) days following the 65
initial start of the school year, conduct ongoing assessments of 66
student performance enrolled in the program, including an initial 67
baseline assessment of knowledge and skills in each grade level 68
and academic content area in which instruction is provided; 69
(e) Establish data-driven instructional programs; 70
(f) Provide curriculum that is aligned with state 71
academic standards for college and career readiness; 72
(g) Develop appropriate educational goals for each 73
student and offer differentiated instruction to meet the needs of 74
all students; 75
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(h) Provide academic support and interventions, 76
including tutoring and other appropriate educational assistance, 77
that are targeted for students who perform below proficiency 78
standards on an academic performance indicator; 79
(i) Provide for a minimum of instructional hours as 80
applicable, which may include any of the following: 81
(i) An extended school day; 82
(ii) An extended school year; 83
(iii) A minimum of four (4) weeks of summer 84
school; and 85
(iv) Saturday instructional classes; 86
(j) Provide programs to improve professional 87
development programs for administrators, teachers and support 88
professionals that focus on communication centered upon student 89
academic and career goals; and 90
(k) Formulate and implement programs designed to 91
improve the learning environment and school culture, which shall 92
include measures to ensure the safety of students and staff, and 93
may include the following: 94
(i) Positive behavioral supports; 95
(ii) Professional development; and 96
(iii) Coordination with community partners. 97
(2) Alcorn State University is encouraged to establish 98
partnerships with local businesses, industries and educational 99
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organizations to provide mentorship, internships and career 100
development opportunities for students. 101
SECTION 6. (1) Enrollment in the ASCENT to Excellence Early 102
College High School shall be open on a first-come, first-served 103
basis to students in Grades 9 through 12. Priority shall be given 104
to low-income students attending schools or enrolled in school 105
districts with low academic performance as determined by Section 106
37-17-6. 107
(2) The program shall offer a rigorous academic curriculum 108
and specialized focus areas, which shall include, at a minimum: 109
(a) Agricultural and land-grant programs; 110
(b) Science and mathematics; 111
(c) Commerce and business; 112
(d) Engineering and robotics; 113
(e) Nursing and allied healthcare pathways; 114
(f) Skilled trades, including welding, coding, 115
auto-mechanics, HVAC and advanced manufacturing; 116
(g) Dual enrollment opportunities with host 117
institutions shall be provided in accordance with Section 118
37-15-38; or 119
(h) Any combination thereof of the preceding 120
components. 121
(3) Additionally, the program shall ensure that tutoring, 122
counseling and career mentorship are available to all students. 123
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(4) A residential option shall be offered to students 124
accepted into the program and residing more than thirty (30) miles 125
from the main campus of Alcorn State University, contingent upon 126
funding. Provided that funding is made available to facilitate a 127
residential boarding component of the program, such facilities 128
shall include dormitories, dining services, and staff supervision, 129
adhering to safety standards provided under Section 45-11-101. 130
SECTION 7. (1) Implementation and operation of the ASCENT 131
to Excellence Early College High School at Alcorn State University 132
is contingent upon annual appropriations by the Legislature to the 133
board, which shall not exceed Five Million Dollars ($5,000,000.00) 134
for a maximum aggregate not to exceed Ten Million Dollars 135
($10,000,000.00) annually to include any construction, repair or 136
renovation, or expansion of existing facilities at Alcorn State 137
University for purposes of this act only for a period not to 138
exceed five (5) years and an aggregate program total of Fifty 139
Million Dollars ($50,000,000.00). 140
(2) Annual budget estimates shall be prepared by the Board 141
of Trustees of State Institutions of Higher Learning in 142
collaboration with Alcorn State University and submitted to the 143
Legislature. For the operation and support of the program, the 144
board and Alcorn State University may receive contributions, 145
donations, gifts, bequests of money, other forms of financial 146
assistance and property, equipment, materials or manpower from 147
persons, foundations, trust funds, corporations, organizations and 148
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other sources, public or private, to be expended and utilized by 149
the boards in carrying out the ASCENT to Excellence Early College 150
High School. 151
SECTION 8. (1) The board shall conduct a study and prepare 152
an annual written report on the effectiveness of the early college 153
high school and shall submit the same to the Governor, the 154
chairpersons of the Education Committees of the House and Senate, 155
and the chairpersons of the Universities and Colleges Committees 156
of the House and Senate. The report shall include: 157
(a) Enrollment and demographic data; 158
(b) Academic and workforce outcomes; and 159
(c) Financial summaries and funding needs. 160
(2) A comprehensive program evaluation shall be conducted 161
every three (3) years to assess effectiveness in improving 162
academic performance and workforce readiness. 163
SECTION 9. Section 37-13-81, Mississippi Code of 1972, is 164
brought forward as follows: 165
37-13-81. There is created the Office of Compulsory School 166
Attendance Enforcement within the Office of Dropout Prevention of 167
the State Department of Education. The office shall be 168
responsible for the administration of a statewide system of 169
enforcement of the Mississippi Compulsory School Attendance Law 170
(Section 37-13-91) and for the supervision of school attendance 171
officers throughout the state. 172
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SECTION 10. Section 37-13-83, Mississippi Code of 1972, is 173
brought forward as follows: 174
37-13-83. The State Superintendent of Public Education shall 175
appoint a director for the Office of Compulsory School Attendance 176
Enforcement, who shall meet all qualifications established for 177
school attendance officer supervisors and any additional 178
qualifications that may be established by the State Superintendent 179
of Public Education or State Personnel Board. The director shall 180
be responsible for the proper administration of the Office of 181
Compulsory School Attendance Enforcement in conformity with the 182
Mississippi Compulsory School Attendance Law and any other 183
regulations or policies that may be adopted by the State Board of 184
Education. The director shall report directly to the Director of 185
the Office of Dropout Prevention. 186
SECTION 11. Section 37-13-85, Mississippi Code of 1972, is 187
brought forward as follows: 188
37-13-85. The Office of Compulsory School Attendance 189
Enforcement shall have the following powers and duties, in 190
addition to all others imposed or granted by law: 191
(a) To establish any policies or guidelines concerning 192
the employment of school attendance officers which serve to 193
effectuate a uniform system of enforcement under the Mississippi 194
Compulsory School Attendance Law throughout the state, and to 195
designate the number of school attendance officers which shall be 196
employed to serve in each school district area; 197
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(b) To supervise and assist school attendance officer 198
supervisors in the performance of their duties; 199
(c) To establish minimum standards for enrollment and 200
attendance for the state and each individual school district, and 201
to monitor the success of the state and districts in achieving the 202
required levels of performance; 203
(d) To provide to school districts failing to meet the 204
established standards for enrollment and attendance assistance in 205
reducing absenteeism or the dropout rates in those districts; 206
(e) To establish any qualifications, in addition to 207
those required under Section 37-13-89, for school attendance 208
officers as the office deems necessary to further the purposes of 209
the Mississippi Compulsory School Attendance Law; 210
(f) To develop and implement a system under which 211
school districts are required to maintain accurate records that 212
document enrollment and attendance in such a manner that the 213
records reflect all changes in enrollment and attendance, and to 214
require school attendance officers to submit information 215
concerning public school attendance on a monthly basis to the 216
office; 217
(g) To prepare the form of the certificate of 218
enrollment required under the Mississippi Compulsory School 219
Attendance Law and to furnish a sufficient number of the 220
certificates of enrollment to each school attendance officer in 221
the state; 222
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(h) To provide to the State Board of Education 223
statistical information concerning absenteeism, dropouts and other 224
attendance-related problems as requested by the State Board of 225
Education; 226
(i) To provide for the certification of school 227
attendance officers; 228
(j) To provide for a course of training and education 229
for school attendance officers, and to require successful 230
completion of the course as a prerequisite to certification by the 231
office as school attendance officers; 232
(k) To adopt any guidelines or policies the office 233
deems necessary to effectuate an orderly transition from the 234
supervision of school attendance officers by district attorneys to 235
the supervision by the school attendance officer supervisors; 236
(l) Beginning on July 1, 1998, to require school 237
attendance officer supervisors to employ persons employed by 238
district attorneys before July 1, 1998, as school attendance 239
officers without requiring such persons to submit an application 240
or interview for employment with the State Department of 241
Education; 242
(m) To adopt policies or guidelines linking the duties 243
of school attendance officers to the appropriate courts, law 244
enforcement agencies and community service providers; and 245
(n) To adopt any other policies or guidelines that the 246
office deems necessary for the enforcement of the Mississippi 247
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Compulsory School Attendance Law; however, the policies or 248
guidelines shall not add to or contradict with the requirements of 249
Section 37-13-91. 250
SECTION 12. Section 37-13-87, Mississippi Code of 1972, is 251
brought forward as follows: 252
37-13-87. (1) The Director of the Office of Compulsory 253
School Attendance Enforcement shall employ three (3) school 254
attendance officer supervisors, each to maintain an office within 255
a different Supreme Court district. Each supervisor shall be 256
responsible for the enforcement of the Mississippi Compulsory 257
School Attendance Law within his district and shall exercise 258
direct supervision over the school attendance officers in the 259
district. The supervisors, who shall report to the director of 260
the office, shall assist the school attendance officers in the 261
performance of their duties as established by law or otherwise. 262
(2) No person having less than eight (8) years combined 263
actual experience as a school attendance officer, school teacher, 264
school administrator, law enforcement officer possessing a college 265
degree with a major in a behavioral science or a related field, 266
and/or social worker in the state shall be employed as a school 267
attendance officer supervisor. Further, a school attendance 268
officer supervisor shall possess a college degree with a major in 269
a behavioral science or a related field or shall have actual 270
experience as a school teacher, school administrator, law 271
enforcement officer possessing such degree or social worker; 272
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however, these requirements shall not apply to persons employed as 273
school attendance officers before January 1, 1987. School 274
attendance officers shall meet any additional qualifications 275
established by the State Personnel Board for school attendance 276
officers or school attendance officer supervisors. The school 277
attendance officer supervisors shall receive an annual salary to 278
be set by the State Superintendent of Public Education, subject to 279
the approval of the State Personnel Board. 280
SECTION 13. Section 37-13-89, Mississippi Code of 1972, is 281
brought forward as follows: 282
37-13-89. (1) In each school district within the state, 283
there shall be employed the number of school attendance officers 284
determined by the Office of Compulsory School Attendance 285
Enforcement to be necessary to adequately enforce the provisions 286
of the Mississippi Compulsory School Attendance Law; however, this 287
number shall not exceed one hundred fifty-three (153) school 288
attendance officers at any time. From and after July 1, 1998, all 289
school attendance officers employed pursuant to this section shall 290
be employees of the State Department of Education. The State 291
Department of Education shall employ all persons employed as 292
school attendance officers by district attorneys before July 1, 293
1998, and shall assign them to school attendance responsibilities 294
in the school district in which they were employed before July 1, 295
1998. The first twelve (12) months of employment for each school 296
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attendance officer shall be the probationary period of state 297
service. 298
(2) (a) The State Department of Education shall obtain 299
current criminal records background checks and current child abuse 300
registry checks on all persons applying for the position of school 301
attendance officer after July 2, 2002. The criminal records 302
information and registry checks must be kept on file for any new 303
hires. In order to determine an applicant's suitability for 304
employment as a school attendance officer, the applicant must be 305
fingerprinted. If no disqualifying record is identified at the 306
state level, the Department of Public Safety shall forward the 307
fingerprints to the Federal Bureau of Investigation (FBI) for a 308
national criminal history record check. The applicant shall pay 309
the fee, not to exceed Fifty Dollars ($50.00), for the 310
fingerprinting and criminal records background check; however, the 311
State Department of Education, in its discretion, may pay the fee 312
for the fingerprinting and criminal records background check on 313
behalf of any applicant. Under no circumstances may a member of 314
the State Board of Education, employee of the State Department of 315
Education or any person other than the subject of the criminal 316
records background check disseminate information received through 317
any such checks except insofar as required to fulfill the purposes 318
of this subsection. 319
(b) If the fingerprinting or criminal records check 320
discloses a felony conviction, guilty plea or plea of nolo 321
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contendere to a felony of possession or sale of drugs, murder, 322
manslaughter, armed robbery, rape, sexual battery, sex offense 323
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 324
burglary, gratification of lust or aggravated assault which has 325
not been reversed on appeal or for which a pardon has not been 326
granted, the applicant is not eligible to be employed as a school 327
attendance officer. Any employment of an applicant pending the 328
results of the fingerprinting and criminal records check is 329
voidable if the new hire receives a disqualifying criminal records 330
check. However, the State Board of Education, in its discretion, 331
may allow an applicant aggrieved by an employment decision under 332
this subsection to appear before the board, or before a hearing 333
officer designated for that purpose, to show mitigating 334
circumstances that may exist and allow the new hire to be employed 335
as a school attendance officer. The State Board of Education may 336
grant waivers for mitigating circumstances, which may include, but 337
are not necessarily limited to: (i) age at which the crime was 338
committed; (ii) circumstances surrounding the crime; (iii) length 339
of time since the conviction and criminal history since the 340
conviction; (iv) work history; (v) current employment and 341
character references; and (vi) other evidence demonstrating the 342
ability of the person to perform the responsibilities of a school 343
attendance officer competently and that the person does not pose a 344
threat to the health or safety of children. 345
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(c) A member of the State Board of Education or 346
employee of the State Department of Education may not be held 347
liable in any employment discrimination suit in which an 348
allegation of discrimination is made regarding an employment 349
decision authorized under this section. 350
(3) Each school attendance officer shall possess a college 351
degree with a major in a behavioral science or a related field or 352
shall have no less than three (3) years combined actual experience 353
as a school teacher, school administrator, law enforcement officer 354
possessing such degree, and/or social worker; however, these 355
requirements shall not apply to persons employed as school 356
attendance officers before January 1, 1987. School attendance 357
officers also shall satisfy any additional requirements that may 358
be established by the State Personnel Board for the position of 359
school attendance officer. 360
(4) It shall be the duty of each school attendance officer 361
to: 362
(a) Cooperate with any public agency to locate and 363
identify all compulsory-school-age children who are not attending 364
school; 365
(b) Cooperate with all courts of competent 366
jurisdiction; 367
(c) Investigate all cases of nonattendance and unlawful 368
absences by compulsory-school-age children not enrolled in a 369
nonpublic school; 370
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(d) Provide appropriate counseling to encourage all 371
school-age children to attend school until they have completed 372
high school; 373
(e) Attempt to secure the provision of social or 374
welfare services that may be required to enable any child to 375
attend school; 376
(f) Contact the home or place of residence of a 377
compulsory-school-age child and any other place in which the 378
officer is likely to find any compulsory-school-age child when the 379
child is absent from school during school hours without a valid 380
written excuse from school officials, and when the child is found, 381
the officer shall notify the parents and school officials as to 382
where the child was physically located; 383
(g) Contact promptly the home of each 384
compulsory-school-age child in the school district within the 385
officer's jurisdiction who is not enrolled in school or is not in 386
attendance at public school and is without a valid written excuse 387
from school officials; if no valid reason is found for the 388
nonenrollment or absence from the school, the school attendance 389
officer shall give written notice to the parent, guardian or 390
custodian of the requirement for the child's enrollment or 391
attendance; 392
(h) Collect and maintain information concerning 393
absenteeism, dropouts and other attendance-related problems, as 394
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may be required by law or the Office of Compulsory School 395
Attendance Enforcement; and 396
(i) Perform all other duties relating to compulsory 397
school attendance established by the State Department of Education 398
or district school attendance supervisor, or both. 399
(5) While engaged in the performance of his duties, each 400
school attendance officer shall carry on his person a badge 401
identifying him as a school attendance officer under the Office of 402
Compulsory School Attendance Enforcement of the State Department 403
of Education and an identification card designed by the State 404
Superintendent of Public Education and issued by the school 405
attendance officer supervisor. Neither the badge nor the 406
identification card shall bear the name of any elected public 407
official. 408
(6) The State Personnel Board shall develop a salary scale 409
for school attendance officers as part of the variable 410
compensation plan. The various pay ranges of the salary scale 411
shall be based upon factors including, but not limited to, 412
education, professional certification and licensure, and number of 413
years of experience. School attendance officers shall be paid in 414
accordance with this salary scale. The minimum salaries under the 415
scale shall be no less than the following: 416
(a) For school attendance officers holding a bachelor's 417
degree or any other attendance officer who does not hold such a 418
degree, the annual salary shall be based on years of experience as 419
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a school attendance officer or related field of service or 420
employment, no less than as follows: 421
Years of Experience Salary 422
0 - 4 years $24,528.29 423
5 - 8 years 26,485.29 424
9 - 12 years 28,050.89 425
13 - 16 years 29,616.49 426
Over 17 years 31,182.09 427
(b) For school attendance officers holding a license as 428
a social worker, the annual salary shall be based on years of 429
experience as a school attendance officer or related field of 430
service or employment, no less than as follows: 431
Years of Experience Salary 432
0 - 4 years $25,558.29 433
5 - 8 years 27,927.29 434
9 - 12 years 29,822.49 435
13 - 16 years 31,717.69 436
17 - 20 years 33,612.89 437
Over 21 years 35,415.39 438
(c) For school attendance officers holding a master's 439
degree in a behavioral science or a related field, the annual 440
salary shall be based on years of experience as a school 441
attendance officer or related field of service or employment, no 442
less than as follows: 443
Years of Experience Salary 444
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0 - 4 years $26,382.29 445
5 - 8 years 29,008.79 446
9 - 12 years 31,109.99 447
13 - 16 years 33,211.19 448
17 - 20 years 35,312.39 449
Over 21 years 37,413.59 450
(7) (a) Each school attendance officer employed by a 451
district attorney on June 30, 1998, who became an employee of the 452
State Department of Education on July 1, 1998, shall be awarded 453
credit for personal leave and major medical leave for his 454
continuous service as a school attendance officer under the 455
district attorney, and if applicable, the youth or family court or 456
a state agency. The credit for personal leave shall be in an 457
amount equal to one-third (1/3) of the maximum personal leave the 458
school attendance officer could have accumulated had he been 459
credited with such leave under Section 25-3-93 during his 460
employment with the district attorney, and if applicable, the 461
youth or family court or a state agency. The credit for major 462
medical leave shall be in an amount equal to one-half (1/2) of the 463
maximum major medical leave the school attendance officer could 464
have accumulated had he been credited with such leave under 465
Section 25-3-95 during his employment with the district attorney, 466
and if applicable, the youth or family court or a state agency. 467
However, if a district attorney who employed a school attendance 468
officer on June 30, 1998, certifies, in writing, to the State 469
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Department of Education that the school attendance officer had 470
accumulated, pursuant to a personal leave policy or major medical 471
leave policy lawfully adopted by the district attorney, a number 472
of days of unused personal leave or major medical leave, or both, 473
which is greater than the number of days to which the school 474
attendance officer is entitled under this paragraph, the State 475
Department of Education shall authorize the school attendance 476
officer to retain the actual unused personal leave or major 477
medical leave, or both, certified by the district attorney, 478
subject to the maximum amount of personal leave and major medical 479
leave the school attendance officer could have accumulated had he 480
been credited with such leave under Sections 25-3-93 and 25-3-95. 481
(b) For the purpose of determining the accrual rate for 482
personal leave under Section 25-3-93 and major medical leave under 483
Section 25-3-95, the State Department of Education shall give 484
consideration to all continuous service rendered by a school 485
attendance officer before July 1, 1998, in addition to the service 486
rendered by the school attendance officer as an employee of the 487
department. 488
(c) In order for a school attendance officer to be 489
awarded credit for personal leave and major medical leave or to 490
retain the actual unused personal leave and major medical leave 491
accumulated by him before July 1, 1998, the district attorney who 492
employed the school attendance officer must certify, in writing, 493
to the State Department of Education the hire date of the school 494
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attendance officer. For each school attendance officer employed 495
by the youth or family court or a state agency before being 496
designated an employee of the district attorney who has not had a 497
break in continuous service, the hire date shall be the date that 498
the school attendance officer was hired by the youth or family 499
court or state agency. The department shall prescribe the date by 500
which the certification must be received by the department and 501
shall provide written notice to all district attorneys of the 502
certification requirement and the date by which the certification 503
must be received. 504
(8) (a) School attendance officers shall maintain regular 505
office hours on a year-round basis; however, during the school 506
term, on those days that teachers in all of the school districts 507
served by a school attendance officer are not required to report 508
to work, the school attendance officer also shall not be required 509
to report to work. (For purposes of this subsection, a school 510
district's school term is that period of time identified as the 511
school term in contracts entered into by the district with 512
licensed personnel.) A school attendance officer shall be 513
required to report to work on any day recognized as an official 514
state holiday if teachers in any school district served by that 515
school attendance officer are required to report to work on that 516
day, regardless of the school attendance officer's status as an 517
employee of the State Department of Education, and compensatory 518
leave may not be awarded to the school attendance officer for 519
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working during that day. However, a school attendance officer may 520
be allowed by the school attendance officer's supervisor to use 521
earned leave on such days. 522
(b) The State Department of Education annually shall 523
designate a period of six (6) consecutive weeks in the summer 524
between school years during which school attendance officers shall 525
not be required to report to work. A school attendance officer 526
who elects to work at any time during that period may not be 527
awarded compensatory leave for such work and may not opt to be 528
absent from work at any time other than during the six (6) weeks 529
designated by the department unless the school attendance officer 530
uses personal leave or major medical leave accrued under Section 531
25-3-93 or 25-3-95 for such absence. 532
(9) The State Department of Education shall provide all 533
continuing education and training courses that school attendance 534
officers are required to complete under state law or rules and 535
regulations of the department. 536
SECTION 14. Section 37-13-91, Mississippi Code of 1972, is 537
brought forward as follows: 538
37-13-91. (1) This section shall be referred to as the 539
"Mississippi Compulsory School Attendance Law." 540
(2) The following terms as used in this section are defined 541
as follows: 542
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(a) "Parent" means the father or mother to whom a child 543
has been born, or the father or mother by whom a child has been 544
legally adopted. 545
(b) "Guardian" means a guardian of the person of a 546
child, other than a parent, who is legally appointed by a court of 547
competent jurisdiction. 548
(c) "Custodian" means any person having the present 549
care or custody of a child, other than a parent or guardian of the 550
child. 551
(d) "School day" means not less than five and one-half 552
(5-1/2) and not more than eight (8) hours of actual teaching in 553
which both teachers and pupils are in regular attendance for 554
scheduled schoolwork. 555
(e) "School" means any public school, including a 556
charter school, in this state or any nonpublic school in this 557
state which is in session each school year for at least one 558
hundred eighty (180) school days, except that the "nonpublic" 559
school term shall be the number of days that each school shall 560
require for promotion from grade to grade. 561
(f) "Compulsory-school-age child" means a child who has 562
attained or will attain the age of six (6) years on or before 563
September 1 of the calendar year and who has not attained the age 564
of seventeen (17) years on or before September 1 of the calendar 565
year; and shall include any child who has attained or will attain 566
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the age of five (5) years on or before September 1 and has 567
enrolled in a full-day public school kindergarten program. 568
(g) "School attendance officer" means a person employed 569
by the State Department of Education pursuant to Section 37-13-89. 570
(h) "Appropriate school official" means the 571
superintendent of the school district, or his designee, or, in the 572
case of a nonpublic school, the principal or the headmaster. 573
(i) "Nonpublic school" means an institution for the 574
teaching of children, consisting of a physical plant, whether 575
owned or leased, including a home, instructional staff members and 576
students, and which is in session each school year. This 577
definition shall include, but not be limited to, private, church, 578
parochial and home instruction programs. 579
(3) A parent, guardian or custodian of a 580
compulsory-school-age child in this state shall cause the child to 581
enroll in and attend a public school or legitimate nonpublic 582
school for the period of time that the child is of compulsory 583
school age, except under the following circumstances: 584
(a) When a compulsory-school-age child is physically, 585
mentally or emotionally incapable of attending school as 586
determined by the appropriate school official based upon 587
sufficient medical documentation. 588
(b) When a compulsory-school-age child is enrolled in 589
and pursuing a course of special education, remedial education or 590
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education for children with physical or mental disadvantages or 591
disabilities. 592
(c) When a compulsory-school-age child is being 593
educated in a legitimate home instruction program. 594
The parent, guardian or custodian of a compulsory-school-age 595
child described in this subsection, or the parent, guardian or 596
custodian of a compulsory-school-age child attending any charter 597
school or nonpublic school, or the appropriate school official for 598
any or all children attending a charter school or nonpublic school 599
shall complete a "certificate of enrollment" in order to 600
facilitate the administration of this section. 601
The form of the certificate of enrollment shall be prepared 602
by the Office of Compulsory School Attendance Enforcement of the 603
State Department of Education and shall be designed to obtain the 604
following information only: 605
(i) The name, address, telephone number and date 606
of birth of the compulsory-school-age child; 607
(ii) The name, address and telephone number of the 608
parent, guardian or custodian of the compulsory-school-age child; 609
(iii) A simple description of the type of 610
education the compulsory-school-age child is receiving and, if the 611
child is enrolled in a nonpublic school, the name and address of 612
the school; and 613
(iv) The signature of the parent, guardian or 614
custodian of the compulsory-school-age child or, for any or all 615
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compulsory-school-age child or children attending a charter school 616
or nonpublic school, the signature of the appropriate school 617
official and the date signed. 618
The certificate of enrollment shall be returned to the school 619
attendance officer where the child resides on or before September 620
15 of each year. Any parent, guardian or custodian found by the 621
school attendance officer to be in noncompliance with this section 622
shall comply, after written notice of the noncompliance by the 623
school attendance officer, with this subsection within ten (10) 624
days after the notice or be in violation of this section. 625
However, in the event the child has been enrolled in a public 626
school within fifteen (15) calendar days after the first day of 627
the school year as required in subsection (6), the parent or 628
custodian may, at a later date, enroll the child in a legitimate 629
nonpublic school or legitimate home instruction program and send 630
the certificate of enrollment to the school attendance officer and 631
be in compliance with this subsection. 632
For the purposes of this subsection, a legitimate nonpublic 633
school or legitimate home instruction program shall be those not 634
operated or instituted for the purpose of avoiding or 635
circumventing the compulsory attendance law. 636
(4) An "unlawful absence" is an absence for an entire school 637
day or during part of a school day by a compulsory-school-age 638
child, which absence is not due to a valid excuse for temporary 639
nonattendance. For purposes of reporting absenteeism under 640
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subsection (6) of this section, if a compulsory-school-age child 641
has an absence that is more than thirty-seven percent (37%) of the 642
instructional day, as fixed by the school board for the school at 643
which the compulsory-school-age child is enrolled, the child must 644
be considered absent the entire school day. Days missed from 645
school due to disciplinary suspension shall not be considered an 646
"excused" absence under this section. This subsection shall not 647
apply to children enrolled in a nonpublic school. 648
Each of the following shall constitute a valid excuse for 649
temporary nonattendance of a compulsory-school-age child enrolled 650
in a noncharter public school, provided satisfactory evidence of 651
the excuse is provided to the superintendent of the school 652
district, or his designee: 653
(a) An absence is excused when the absence results from 654
the compulsory-school-age child's attendance at an authorized 655
school activity with the prior approval of the superintendent of 656
the school district, or his designee. These activities may 657
include field trips, athletic contests, student conventions, 658
musical festivals and any similar activity. 659
(b) An absence is excused when the absence results from 660
illness or injury which prevents the compulsory-school-age child 661
from being physically able to attend school. 662
(c) An absence is excused when isolation of a 663
compulsory-school-age child is ordered by the county health 664
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officer, by the State Board of Health or appropriate school 665
official. 666
(d) An absence is excused when it results from the 667
death or serious illness of a member of the immediate family of a 668
compulsory-school-age child. The immediate family members of a 669
compulsory-school-age child shall include children, spouse, 670
grandparents, parents, brothers and sisters, including 671
stepbrothers and stepsisters. 672
(e) An absence is excused when it results from a 673
medical or dental appointment of a compulsory-school-age child. 674
(f) An absence is excused when it results from the 675
attendance of a compulsory-school-age child at the proceedings of 676
a court or an administrative tribunal if the child is a party to 677
the action or under subpoena as a witness. 678
(g) An absence may be excused if the religion to which 679
the compulsory-school-age child or the child's parents adheres, 680
requires or suggests the observance of a religious event. The 681
approval of the absence is within the discretion of the 682
superintendent of the school district, or his designee, but 683
approval should be granted unless the religion's observance is of 684
such duration as to interfere with the education of the child. 685
(h) An absence may be excused when it is demonstrated 686
to the satisfaction of the superintendent of the school district, 687
or his designee, that the purpose of the absence is to take 688
advantage of a valid educational opportunity such as travel, 689
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including vacations or other family travel. Approval of the 690
absence must be gained from the superintendent of the school 691
district, or his designee, before the absence, but the approval 692
shall not be unreasonably withheld. 693
(i) An absence may be excused when it is demonstrated 694
to the satisfaction of the superintendent of the school district, 695
or his designee, that conditions are sufficient to warrant the 696
compulsory-school-age child's nonattendance. However, no absences 697
shall be excused by the school district superintendent, or his 698
designee, when any student suspensions or expulsions circumvent 699
the intent and spirit of the compulsory attendance law. 700
(j) An absence is excused when it results from the 701
attendance of a compulsory-school-age child participating in 702
official organized events sponsored by the 4-H or Future Farmers 703
of America (FFA). The excuse for the 4-H or FFA event must be 704
provided in writing to the appropriate school superintendent by 705
the Extension Agent or High School Agricultural Instructor/FFA 706
Advisor. 707
(k) An absence is excused when it results from the 708
compulsory-school-age child officially being employed to serve as 709
a page at the State Capitol for the Mississippi House of 710
Representatives or Senate. 711
(5) Any parent, guardian or custodian of a 712
compulsory-school-age child subject to this section who refuses or 713
willfully fails to perform any of the duties imposed upon him or 714
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her under this section or who intentionally falsifies any 715
information required to be contained in a certificate of 716
enrollment, shall be guilty of contributing to the neglect of a 717
child and, upon conviction, shall be punished in accordance with 718
Section 97-5-39. 719
Upon prosecution of a parent, guardian or custodian of a 720
compulsory-school-age child for violation of this section, the 721
presentation of evidence by the prosecutor that shows that the 722
child has not been enrolled in school within eighteen (18) 723
calendar days after the first day of the school year of the public 724
school which the child is eligible to attend, or that the child 725
has accumulated twelve (12) unlawful absences during the school 726
year at the public school in which the child has been enrolled, 727
shall establish a prima facie case that the child's parent, 728
guardian or custodian is responsible for the absences and has 729
refused or willfully failed to perform the duties imposed upon him 730
or her under this section. However, no proceedings under this 731
section shall be brought against a parent, guardian or custodian 732
of a compulsory-school-age child unless the school attendance 733
officer has contacted promptly the home of the child and has 734
provided written notice to the parent, guardian or custodian of 735
the requirement for the child's enrollment or attendance. 736
(6) If a compulsory-school-age child has not been enrolled 737
in a school within fifteen (15) calendar days after the first day 738
of the school year of the school which the child is eligible to 739
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attend or the child has accumulated five (5) unlawful absences 740
during the school year of the public school in which the child is 741
enrolled, the school district superintendent, or his designee, 742
shall report, within two (2) school days or within five (5) 743
calendar days, whichever is less, the absences to the school 744
attendance officer. The State Department of Education shall 745
prescribe a uniform method for schools to utilize in reporting the 746
unlawful absences to the school attendance officer. The 747
superintendent, or his designee, also shall report any student 748
suspensions or student expulsions to the school attendance officer 749
when they occur. 750
(7) When a school attendance officer has made all attempts 751
to secure enrollment and/or attendance of a compulsory-school-age 752
child and is unable to effect the enrollment and/or attendance, 753
the attendance officer shall file a petition with the youth court 754
under Section 43-21-451 or shall file a petition in a court of 755
competent jurisdiction as it pertains to parent or child. 756
Sheriffs, deputy sheriffs and municipal law enforcement officers 757
shall be fully authorized to investigate all cases of 758
nonattendance and unlawful absences by compulsory-school-age 759
children, and shall be authorized to file a petition with the 760
youth court under Section 43-21-451 or file a petition or 761
information in the court of competent jurisdiction as it pertains 762
to parent or child for violation of this section. The youth court 763
shall expedite a hearing to make an appropriate adjudication and a 764
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disposition to ensure compliance with the Compulsory School 765
Attendance Law, and may order the child to enroll or re-enroll in 766
school. The superintendent of the school district to which the 767
child is ordered may assign, in his discretion, the child to the 768
alternative school program of the school established pursuant to 769
Section 37-13-92. 770
(8) The State Board of Education shall adopt rules and 771
regulations for the purpose of reprimanding any school 772
superintendents who fail to timely report unexcused absences under 773
the provisions of this section. 774
(9) Notwithstanding any provision or implication herein to 775
the contrary, it is not the intention of this section to impair 776
the primary right and the obligation of the parent or parents, or 777
person or persons in loco parentis to a child, to choose the 778
proper education and training for such child, and nothing in this 779
section shall ever be construed to grant, by implication or 780
otherwise, to the State of Mississippi, any of its officers, 781
agencies or subdivisions any right or authority to control, 782
manage, supervise or make any suggestion as to the control, 783
management or supervision of any private or parochial school or 784
institution for the education or training of children, of any kind 785
whatsoever that is not a public school according to the laws of 786
this state; and this section shall never be construed so as to 787
grant, by implication or otherwise, any right or authority to any 788
state agency or other entity to control, manage, supervise, 789
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provide for or affect the operation, management, program, 790
curriculum, admissions policy or discipline of any such school or 791
home instruction program. 792
SECTION 15. Section 37-13-107, Mississippi Code of 1972, is 793
brought forward as follows: 794
37-13-107. (1) Every school attendance officer shall be 795
required annually to attend and complete a comprehensive course of 796
training and education which is provided or approved by the Office 797
of Compulsory School Attendance Enforcement of the State 798
Department of Education. Attendance shall be required beginning 799
with the first training seminar conducted after the school 800
attendance officer is employed as a school attendance officer. 801
(2) The Office of Compulsory School Attendance Enforcement 802
shall provide or approve a course of training and education for 803
school attendance officers of the state. The course shall consist 804
of at least twelve (12) hours of training per year. The content 805
of the course of training and when and where it is to be conducted 806
shall be approved by the office. A certificate of completion 807
shall be furnished by the State Department of Education to those 808
school attendance officers who complete the course. Each 809
certificate shall be made a permanent record of the school 810
attendance officer supervisor's office where the school attendance 811
officer is employed. 812
(3) Upon the failure of any person employed as a school 813
attendance officer to receive the certificate of completion from 814
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the State Department of Education within the first year of his 815
employment, the person shall not be allowed to carry out any of 816
the duties of a school attendance officer and shall not be 817
entitled to compensation for the period of time during which the 818
certificate has not been obtained. 819
SECTION 16. Section 37-101-1, Mississippi Code of 1972, is 820
brought forward as follows: 821
37-101-1. The following state institutions of higher 822
learning shall be under the management and control of a board of 823
trustees to be known as the Board of Trustees of State 824
Institutions of Higher Learning, namely: 825
(a) The University of Mississippi; 826
(b) Mississippi State University of Agriculture and 827
Applied Science; 828
(c) Mississippi University for Women; 829
(d) The University of Southern Mississippi; 830
(e) Delta State University; 831
(f) Alcorn State University; 832
(g) Jackson State University; 833
(h) Mississippi Valley State University; 834
(i) And any other of like kind which may be hereafter 835
established by the state. 836
SECTION 17. Section 37-121-1, Mississippi Code of 1972, is 837
brought forward as follows: 838
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37-121-1. The Alcorn Agricultural and Mechanical College of 839
Mississippi, created by act approved February 28, 1878, shall 840
continue as a body politic and corporate, and shall henceforth be 841
known as "Alcorn State University," without interference with the 842
rights, powers and prerogatives of said college which continue in 843
all respects. Whenever the name "Alcorn Agricultural and 844
Mechanical College" appears, the same is construed to denote 845
"Alcorn State University." 846
SECTION 18. Section 37-15-31, Mississippi Code of 1972, is 847
brought forward as follows: 848
37-15-31. (1) (a) Except as provided in subsections (2) 849
through (5) of this section, upon the petition in writing of a 850
parent or guardian resident of the school district of an 851
individual student filed or lodged with the president or secretary 852
of the school board of a school district in which the pupil has 853
been enrolled or is qualified to be enrolled as a student under 854
Section 37-15-9, or upon the aforesaid petition or the initiative 855
of the school board of a school district as to the transfer of a 856
grade or grades, individual students living in one school district 857
or a grade or grades of a school within the districts may be 858
legally transferred to another school district, by the mutual 859
consent of the school boards of all school districts concerned, 860
which consent must be given in writing and spread upon the minutes 861
of such boards. 862
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(b) The school board of the transferring school 863
district to which such petition may be addressed shall act thereon 864
not later than its next regular meeting subsequent to the filing 865
or lodging of the petition, and a failure to act within that time 866
shall constitute a rejection of such request. The school board of 867
the other school district involved (the transferee board) shall 868
act on such request for transfer as soon as possible after the 869
transferor board shall have approved or rejected such transfer and 870
no later than the next regular meeting of the transferee board, 871
and a failure of such transferee board to act within such time 872
shall constitute a rejection of such request. If such a transfer 873
is approved by the transferee board, then such decision shall be 874
final. If such a transfer should be refused by the school board 875
of either school district, then such decision shall be final. 876
(c) Any legal guardianship formed for the purpose of 877
establishing residency for school district attendance purposes 878
shall not be recognized by the affected school board. 879
(2) (a) Upon the petition in writing of any parent or 880
guardian who is a resident of Mississippi and is an instructional 881
or licensed employee of a school district, but not a resident of 882
such district, the school board of the employer school district 883
shall consent to the transfer of such employee's dependent 884
school-age children to its district and shall spread the same upon 885
the minutes of the board. Upon the petition in writing of any 886
parent or guardian who is not a resident of Mississippi and who is 887
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an instructional or licensed employee of a school district in 888
Mississippi, the school board of the employer school district 889
shall consent to the transfer of such employee's dependent 890
school-age children to its district and shall spread the same upon 891
the minutes of the board. 892
(b) The school board of any school district, in its 893
discretion, may adopt a uniform policy to allow the enrollment and 894
attendance of the dependent children of noninstructional and 895
nonlicensed employees, who are residents of Mississippi but are 896
not residents of their district. Such policy shall be based upon 897
the employment needs of the district, implemented according to job 898
classification groups and renewed each school year. 899
(c) The employer transferee school district shall 900
notify in writing the school district from which the pupil or 901
pupils are transferring, and the school board of the transferor 902
school district shall spread the same upon its minutes. 903
(d) Any such agreement by school boards for the legal 904
transfer of a student shall include a provision providing for the 905
transportation of the student. In the absence of such a provision 906
the responsibility for transporting the student to the transferee 907
school district shall be that of the parent or guardian. 908
(e) Any school district which accepts a student under 909
the provisions of this subsection shall not assess any tuition 910
fees upon such transferring student in accordance with the 911
provisions of Section 37-19-27. 912
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(3) Upon the petition in writing of any parent or legal 913
guardian of a school-age child who is a resident of an adjacent 914
school district residing in the geographical situation described 915
in Section 37-15-29(3), the school board of the school district 916
operating the school located in closer proximity to the residence 917
of the child shall consent to the transfer of the child to its 918
district, and shall spread the same upon the minutes of the board. 919
Any such agreement by school boards for the legal transfer of a 920
student under this subsection shall include a provision for the 921
transportation of the student by either the transferor or the 922
transferee school district. In the event that either the school 923
board of the transferee or the transferor school district shall 924
object to the transfer, it shall have the right to appeal to the 925
State Board of Education whose decision shall be final. However, 926
if the school boards agreeing on the legal transfer of any student 927
shall fail to agree on which district shall provide 928
transportation, the responsibility for transporting the student to 929
the transferee school district shall be that of the parent or 930
guardian. 931
(4) Upon the petition in writing of any parent or legal 932
guardian of a school-age child who was lawfully transferred to 933
another school district prior to July 1, 1992, as described in 934
Section 37-15-29(4), the school board of the transferee school 935
district shall consent to the transfer of such child and the 936
transfer of any school-age brother and sister of such child to its 937
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district, and shall spread the same upon the minutes of the board. 938
(5) (a) If the board of trustees of a municipal separate 939
school district with added territory does not have a member who is 940
a resident of the added territory outside the corporate limits, 941
upon the petition in writing of any parent or legal guardian of a 942
school-age child who is a resident of the added territory outside 943
the corporate limits, the board of trustees of the municipal 944
separate school district and the school board of the school 945
district adjacent to the added territory shall consent to the 946
transfer of the child from the municipal separate school district 947
to the adjacent school district. The agreement must be spread 948
upon the minutes of the board of trustees of the municipal 949
separate school district and the school board of the adjacent 950
school district. The agreement must provide for the 951
transportation of the student. In the absence of such a 952
provision, the parent or legal guardian shall be responsible for 953
transporting the student to the adjacent school district. Any 954
school district that accepts a student under this subsection may 955
not assess any tuition fees against the transferring student. 956
(b) Before September 1 of each year, the board of 957
trustees of the municipal separate school district shall certify 958
to the State Department of Education the number of students in the 959
added territory of the municipal separate school district who are 960
transferred to the adjacent school district under this subsection. 961
The municipal separate school district also shall certify the 962
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total number of students in the school district residing in the 963
added territory plus the number of those students who are 964
transferred to the adjacent school district. Based upon these 965
figures, the department shall calculate the percentage of the 966
total number of students in the added territory who are 967
transferred to the adjacent school district and shall certify this 968
percentage to the levying authority for the municipal separate 969
school district. The levying authority shall remit to the school 970
board of the adjacent school district, from the proceeds of the ad 971
valorem taxes collected for the support of the municipal separate 972
school district from the added territory of the municipal separate 973
school district, an amount equal to the percentage of the total 974
number of students in the added territory who are transferred to 975
the adjacent school district. 976
SECTION 19. Section 37-15-38, Mississippi Code of 1972, is 977
brought forward as follows: 978
37-15-38. (1) The following phrases have the meanings 979
ascribed in this section unless the context clearly requires 980
otherwise: 981
(a) A dual enrolled student is a student who is 982
enrolled in a community or junior college or state institution of 983
higher learning while enrolled in high school. 984
(b) A dual credit student is a student who is enrolled 985
in a community or junior college or state institution of higher 986
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learning while enrolled in high school and who is receiving high 987
school and college credit for postsecondary coursework. 988
(2) A local school board, the Board of Trustees of State 989
Institutions of Higher Learning and the Mississippi Community 990
College Board shall establish a dual enrollment system under which 991
students in the school district who meet the prescribed criteria 992
of this section may be enrolled in a postsecondary institution in 993
Mississippi while they are still in school. 994
(3) Dual credit eligibility. Before credits earned by a 995
qualified high school student from a community or junior college 996
or state institution of higher learning may be transferred to the 997
student's home school district, the student must be properly 998
enrolled in a dual enrollment program. 999
(4) Admission criteria for dual enrollment in community and 1000
junior college or university programs. The Mississippi Community 1001
College Board and the Board of Trustees of State Institutions of 1002
Higher Learning may recommend to the State Board of Education 1003
admission criteria for dual enrollment programs under which high 1004
school students may enroll at a community or junior college or 1005
university while they are still attending high school and enrolled 1006
in high school courses. Students may be admitted to enroll in 1007
community or junior college courses under the dual enrollment 1008
programs if they meet that individual institution's stated dual 1009
enrollment admission requirements. 1010
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(5) Tuition and cost responsibility. Tuition and costs for 1011
university-level courses and community and junior college courses 1012
offered under a dual enrollment program may be paid for by the 1013
postsecondary institution, the local school district, the parents 1014
or legal guardians of the student, or by grants, foundations or 1015
other private or public sources. Payment for tuition and any 1016
other costs must be made directly to the credit-granting 1017
institution. 1018
(6) Transportation responsibility. Any transportation 1019
required by a student to participate in the dual enrollment 1020
program is the responsibility of the parent, custodian or legal 1021
guardian of the student. Transportation costs may be paid from 1022
any available public or private sources, including the local 1023
school district. 1024
(7) School district net enrollment credit. When dually 1025
enrolled, the student may be counted, for total funding formula 1026
purposes, in the net enrollment of the public school district in 1027
which the student attends high school. 1028
(8) High school student transcript transfer requirements. 1029
Grades and college credits earned by a student admitted to a dual 1030
credit program must be recorded on the high school student record 1031
and on the college transcript at the university or community or 1032
junior college where the student attends classes. The transcript 1033
of the university or community or junior college coursework may be 1034
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released to another institution or applied toward college 1035
graduation requirements. 1036
(9) Determining factor of prerequisites for dual enrollment 1037
courses. Each university and community or junior college 1038
participating in a dual enrollment program shall determine course 1039
prerequisites. Course prerequisites shall be the same for dual 1040
enrolled students as for regularly enrolled students at that 1041
university or community or junior college. 1042
(10) Process for determining articulation of curriculum 1043
between high school, university, and community and junior college 1044
courses. All dual credit courses must meet the standards 1045
established at the postsecondary level. Postsecondary level 1046
developmental courses may not be considered as meeting the 1047
requirements of the dual credit program. Dual credit memorandum 1048
of understandings must be established between each postsecondary 1049
institution and the school district implementing a dual credit 1050
program. 1051
(11) [Deleted] 1052
(12) Eligible courses for dual credit programs. Courses 1053
eligible for dual credit include, but are not necessarily limited 1054
to, foreign languages, advanced math courses, advanced science 1055
courses, performing arts, advanced business and technology, and 1056
career and technical courses. Distance Learning Collaborative 1057
Program courses approved under Section 37-67-1 shall be fully 1058
eligible for dual credit. All courses being considered for dual 1059
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credit must receive unconditional approval from the superintendent 1060
of the local school district and the chief instructional officer 1061
at the participating community or junior college or university in 1062
order for college credit to be awarded. A university or community 1063
or junior college shall make the final decision on what courses 1064
are eligible for semester hour credits. 1065
(13) High school Carnegie unit equivalency. One (1) 1066
three-hour university or community or junior college course is 1067
equal to one (1) high school Carnegie unit. 1068
(14) Course alignment. The universities, community and 1069
junior colleges and the State Department of Education shall 1070
periodically review their respective policies and assess the place 1071
of dual credit courses within the context of their traditional 1072
offerings. 1073
(15) Maximum dual credits allowed. It is the intent of the 1074
dual enrollment program to make it possible for every eligible 1075
student who desires to earn a semester's worth of college credit 1076
in high school to do so. A qualified dually enrolled high school 1077
student must be allowed to earn an unlimited number of college or 1078
university credits for dual credit. 1079
(16) Dual credit program allowances. A student may be 1080
granted credit delivered through the following means: 1081
(a) Examination preparation taught at a high school by 1082
a qualified teacher. A student may receive credit at the 1083
secondary level after completion of an approved course and passing 1084
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the standard examination, such as an Advanced Placement or 1085
International Baccalaureate course through which a high school 1086
student is allowed CLEP credit by making a three (3) or higher on 1087
the end-of-course examination. 1088
(b) College or university courses taught at a high 1089
school or designated postsecondary site by a qualified teacher who 1090
is an employee of the school district and approved as an 1091
instructor by the collaborating college or university. 1092
(c) College or university courses taught at a college, 1093
university or high school by an instructor employed by the college 1094
or university and approved by the collaborating school district. 1095
(d) Online courses of any public university, community 1096
or junior college in Mississippi. 1097
(17) Qualifications of dual credit instructors. A dual 1098
credit academic instructor must meet the requirements set forth by 1099
the regional accrediting association (Southern Association of 1100
College and Schools). University and community and junior college 1101
personnel have the sole authority in the selection of dual credit 1102
instructors. 1103
A dual credit career and technical education instructor must 1104
meet the requirements set forth by the Mississippi Community 1105
College Board in the qualifications manual for postsecondary 1106
career and technical personnel. 1107
(18) Guidance on local agreements. The Chief Academic 1108
Officer of the State Board of Trustees of State Institutions of 1109
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Higher Learning and the Chief Instructional Officers of the 1110
Mississippi Community College Board and the State Department of 1111
Education, working collaboratively, shall develop a template to be 1112
used by the individual community and junior colleges and 1113
institutions of higher learning for consistent implementation of 1114
the dual enrollment program throughout the State of Mississippi. 1115
(19) Mississippi Works Dual Enrollment-Dual Credit Option. 1116
A local school board and the local community colleges board shall 1117
establish a Mississippi Works Dual Enrollment-Dual Credit Option 1118
Program under which potential or recent student dropouts may 1119
dually enroll in their home school and a local community college 1120
in a dual credit program consisting of high school completion 1121
coursework and a community college credential, certificate or 1122
degree program. Students completing the dual enrollment-credit 1123
option may obtain their high school diploma while obtaining a 1124
community college credential, certificate or degree. The 1125
Mississippi Department of Employment Security shall assist 1126
students who have successfully completed the Mississippi Works 1127
Dual Enrollment-Dual Credit Option in securing a job upon the 1128
application of the student or the participating school or 1129
community college. The Mississippi Works Dual Enrollment-Dual 1130
Credit Option Program will be implemented statewide in the 1131
2012-2013 school year and thereafter. The State Board of 1132
Education, local school board and the local community college 1133
board shall establish criteria for the Dual Enrollment-Dual Credit 1134
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Program. Students enrolled in the program will not be eligible to 1135
participate in interscholastic sports or other extracurricular 1136
activities at the home school district. Tuition and costs for 1137
community college courses offered under the Dual Enrollment-Dual 1138
Credit Program shall not be charged to the student, parents or 1139
legal guardians. When dually enrolled, the student shall be 1140
counted, for total funding formula purposes, in the net enrollment 1141
of the public school district in which the student attends high 1142
school. Any transportation required by the student to participate 1143
in the Dual Enrollment-Dual Credit Program is the responsibility 1144
of the parent or legal guardian of the student, and transportation 1145
costs may be paid from any available public or private sources, 1146
including the local school district. Grades and college credits 1147
earned by a student admitted to this Dual Enrollment-Dual Credit 1148
Program shall be recorded on the high school student record and on 1149
the college transcript at the community college and high school 1150
where the student attends classes. The transcript of the 1151
community college coursework may be released to another 1152
institution or applied toward college graduation requirements. 1153
Any course that is required for subject area testing as a 1154
requirement for graduation from a public school in Mississippi is 1155
eligible for dual credit, and courses eligible for dual credit 1156
shall also include career, technical and degree program courses. 1157
All courses eligible for dual credit shall be approved by the 1158
superintendent of the local school district and the chief 1159
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instructional officer at the participating community college in 1160
order for college credit to be awarded. A community college shall 1161
make the final decision on what courses are eligible for semester 1162
hour credits and the local school superintendent, subject to 1163
approval by the Mississippi Department of Education, shall make 1164
the final decision on the transfer of college courses credited to 1165
the student's high school transcript. 1166
SECTION 20. Section 37-16-3, Mississippi Code of 1972, is 1167
brought forward as follows: 1168
37-16-3. (1) The State Department of Education is directed 1169
to implement a program of statewide assessment testing which shall 1170
provide for the improvement of the operation and management of the 1171
public schools. The statewide program shall be timed, as far as 1172
possible, so as not to conflict with ongoing district assessment 1173
programs. As part of the program, the department shall: 1174
(a) Establish, with the approval of the State Board of 1175
Education, minimum performance standards related to the goals for 1176
education contained in the state's plan including, but not limited 1177
to, basic skills in reading, writing and mathematics. The minimum 1178
performance standards shall be approved by April 1 in each year 1179
they are established. 1180
(b) Conduct a uniform statewide testing program in 1181
grades deemed appropriate in the public schools, including charter 1182
schools, which shall include the administration of a 1183
career-readiness assessment, such as, but not limited to, the ACT 1184
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WorkKeys Assessment, deemed appropriate by the Mississippi 1185
Department of Education working in coordination with the Office of 1186
Workforce Development, to any students electing to take the 1187
assessment. Each individual school district shall determine 1188
whether the assessment is administered in the tenth, eleventh or 1189
twelfth grade. The program may test skill areas, basic skills and 1190
high school course content. 1191
(c) Monitor the results of the assessment program and, 1192
at any time the composite student performance of a school or basic 1193
program is found to be below the established minimum standards, 1194
notify the district superintendent or the governing board of the 1195
charter school, as the case may be, the school principal and the 1196
school advisory committee or other existing parent group of the 1197
situation within thirty (30) days of its determination. The 1198
department shall further provide technical assistance to a school 1199
district in the identification of the causes of this deficiency 1200
and shall recommend courses of action for its correction. 1201
(d) Provide technical assistance to the school 1202
districts, when requested, in the development of student 1203
performance standards in addition to the established minimum 1204
statewide standards. 1205
(e) Issue security procedure regulations providing for 1206
the security and integrity of the tests that are administered 1207
under the basic skills assessment program. 1208
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(f) In case of an allegation of a testing irregularity 1209
that prompts a need for an investigation by the Department of 1210
Education, the department may, in its discretion, take complete 1211
control of the statewide test administration in a school district 1212
or any part thereof, including, but not limited to, obtaining 1213
control of the test booklets and answer documents. In the case of 1214
any verified testing irregularity that jeopardized the security 1215
and integrity of the test(s), validity or the accuracy of the test 1216
results, the cost of the investigation and any other actual and 1217
necessary costs related to the investigation paid by the 1218
Department of Education shall be reimbursed by the local school 1219
district from funds other than federal funds, total funding 1220
formula funds provided in Sections 37-151-200 through 37-151-215, 1221
or any other state funds within six (6) months from the date of 1222
notice by the department to the school district to make 1223
reimbursement to the department. 1224
(2) Uniform basic skills tests shall be completed by each 1225
student in the appropriate grade. These tests shall be 1226
administered in such a manner as to preserve the integrity and 1227
validity of the assessment. In the event of excused or unexcused 1228
student absences, make-up tests shall be given. The school 1229
superintendent of every school district in the state and the 1230
principal of each charter school shall annually certify to the 1231
State Department of Education that each student enrolled in the 1232
appropriate grade has completed the required basic skills 1233
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assessment test for his or her grade in a valid test 1234
administration. 1235
(3) Within five (5) days of completing the administration of 1236
a statewide test, the principal of the school where the test was 1237
administered shall certify under oath to the State Department of 1238
Education that the statewide test was administered in strict 1239
accordance with the Requirements of the Mississippi Statewide 1240
Assessment System as adopted by the State Board of Education. The 1241
principal's sworn certification shall be set forth on a form 1242
developed and approved by the Department of Education. If, 1243
following the administration of a statewide test, the principal 1244
has reason to believe that the test was not administered in strict 1245
accordance with the Requirements of the Mississippi Statewide 1246
Assessment System as adopted by the State Board of Education, the 1247
principal shall submit a sworn certification to the Department of 1248
Education setting forth all information known or believed by the 1249
principal about all potential violations of the Requirements of 1250
the Mississippi Statewide Assessment System as adopted by the 1251
State Board of Education. The submission of false information or 1252
false certification to the Department of Education by any licensed 1253
educator may result in licensure disciplinary action pursuant to 1254
Section 37-3-2 and criminal prosecution pursuant to Section 1255
37-16-4. 1256
SECTION 21. Section 37-16-4, Mississippi Code of 1972, is 1257
brought forward as follows: 1258
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37-16-4. (1) It is unlawful for anyone knowingly and 1259
willfully to do any of the following acts regarding mandatory 1260
uniform tests administered to students as required by the State 1261
Department of Education: 1262
(a) Give examinees access to test questions prior to 1263
testing; 1264
(b) Copy or reproduce all or any portion of any secure 1265
test booklet; 1266
(c) Coach examinees during testing or alter or 1267
interfere with examinees' responses in any way; 1268
(d) Make answer keys available to examinees; 1269
(e) Fail to account for all secure test materials 1270
before, during and after testing; 1271
(f) Participate in, direct, aid, counsel, assist in, 1272
encourage or fail to report any of the acts prohibited in this 1273
section. 1274
(2) Any person violating any provisions of subsection (1) of 1275
this section is guilty of a misdemeanor and upon conviction shall 1276
be fined not more than One Thousand Dollars ($1,000.00), or be 1277
imprisoned for not more than ninety (90) days, or both. Upon 1278
conviction, the State Board of Education may suspend or revoke the 1279
administrative or teaching credentials, or both, of the person 1280
convicted. 1281
(3) Any person submitting a false certification to the State 1282
Department of Education that each statewide test in a school was 1283
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administered in strict accordance with the Requirements of the 1284
Mississippi Statewide Assessment System as adopted by the State 1285
Board of Education, and with willful intent, is guilty of a felony 1286
and upon conviction thereof shall be fined not more than Fifteen 1287
Thousand Dollars ($15,000.00), or be imprisoned for not more than 1288
three (3) years, or both. Upon conviction, the State Board of 1289
Education may suspend or revoke the administrative or teaching 1290
credentials, or both, of the person convicted. 1291
(4) The district attorney shall investigate allegations of 1292
violations of this section, either on its own initiative following 1293
a receipt of allegations, or at the request of a school district 1294
or the State Department of Education. 1295
(5) The district attorney shall furnish to the State 1296
Superintendent of Education a report of the findings of any 1297
investigation conducted pursuant to this section. 1298
(6) The State Board of Education shall establish statistical 1299
guidelines to examine the results of state mandated tests to 1300
determine where there is evidence of testing irregularities 1301
resulting in false or misleading results in the aggregate or 1302
composite test scores of the class, grade, age group or school 1303
district. When said irregularities are identified, the State 1304
Superintendent of Education may order that any group of students 1305
identified as being required to retake the test at state expense 1306
under state supervision. The school district shall be given at 1307
least thirty (30) days' notice before the next test administration 1308
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and shall comply with the order of the State Superintendent of 1309
Education. The results from the second administration of the test 1310
shall be final for all uses of that data. 1311
(7) Nothing in this section may be construed to prohibit or 1312
interfere with the responsibilities of the State Board of 1313
Education or the State Department of Education in test development 1314
or selection, test form construction, standard setting, test 1315
scoring, and reporting, or any other related activities which in 1316
the judgment of the State Superintendent of Education are 1317
necessary and appropriate. 1318
SECTION 22. Section 37-16-5, Mississippi Code of 1972, is 1319
brought forward as follows: 1320
37-16-5. The school board of every district in this state 1321
shall periodically assess student performance and achievement in 1322
each school. Such assessment programs shall be based upon local 1323
goals and objectives which are compatible with the state's plan 1324
for education and which supplement the minimum performance 1325
standards approved by the State Board of Education. Data from 1326
district assessment programs shall be provided to the State 1327
Department of Education when such data is required in order to 1328
evaluate specific instructional programs or processes or when the 1329
data is needed for other research or evaluation projects. Each 1330
district may provide acceptable, compatible district assessment 1331
data to substitute for any assessment data needed at the state 1332
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level when the State Department of Education certifies that such 1333
data is acceptable for the purposes of Section 37-16-3. 1334
SECTION 23. Section 37-17-7, Mississippi Code of 1972, is 1335
brought forward as follows: 1336
37-17-7. Any nonpublic school may, through its governing 1337
body, request that the State Board of Education approve such 1338
institution. Approval shall be based upon a process promulgated 1339
by the State Board of Education; provided, however, that in no 1340
event shall the State Board of Education adopt more stringent 1341
standards for approval of nonpublic schools than the accreditation 1342
standards applied to public schools. 1343
SECTION 24. Section 37-17-6, Mississippi Code of 1972, is 1344
brought forward as follows: 1345
37-17-6. (1) The State Board of Education, acting through 1346
the Commission on School Accreditation, shall establish and 1347
implement a permanent performance-based accreditation system, and 1348
all noncharter public elementary and secondary schools shall be 1349
accredited under this system. 1350
(2) School districts shall be required to provide school 1351
classroom space that is air-conditioned as a minimum requirement 1352
for accreditation. 1353
(3) (a) The State Board of Education, acting through the 1354
Commission on School Accreditation, shall require that school 1355
districts employ certified school librarians according to the 1356
following formula: 1357
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Number of Students Number of Certified 1358
Per School Library School Librarians 1359
0 - 499 Students 1/2 Full-time Equivalent 1360
Certified Librarian 1361
500 or More Students 1 Full-time Certified 1362
Librarian 1363
(b) The State Board of Education, however, may increase 1364
the number of positions beyond the above requirements. 1365
(c) The assignment of certified school librarians to 1366
the particular schools shall be at the discretion of the local 1367
school district. No individual shall be employed as a certified 1368
school librarian without appropriate training and certification as 1369
a school librarian by the State Department of Education. 1370
(d) School librarians in the district shall spend at 1371
least fifty percent (50%) of direct work time in a school library 1372
and shall devote no more than one-fourth (1/4) of the workday to 1373
administrative activities that are library related. 1374
(e) Nothing in this subsection shall prohibit any 1375
school district from employing more certified school librarians 1376
than are provided for in this section. 1377
(f) Any additional millage levied to fund school 1378
librarians required for accreditation under this subsection shall 1379
be included in the tax increase limitation set forth in Sections 1380
37-57-105 and 37-57-107 and shall not be deemed a new program for 1381
purposes of the limitation. 1382
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(4) [Deleted] 1383
(5) (a) The State Department of Education, acting through 1384
the Mississippi Commission on School Accreditation, shall 1385
implement a single "A" through "F" school and school district 1386
accountability system complying with applicable federal and state 1387
requirements in order to reach the following educational goals: 1388
(i) To mobilize resources and supplies to ensure 1389
that all students exit third grade reading on grade level; 1390
(ii) To reduce the student dropout rate to ten 1391
percent (10%) by 2015; and 1392
(iii) To have sixty percent (60%) of students 1393
scoring proficient and advanced on assessments. 1394
(b) The State Department of Education shall combine the 1395
state school and school district accountability system with the 1396
federal system in order to have a single system. 1397
(c) The State Department of Education shall establish 1398
five (5) performance categories ("A," "B," "C," "D" and "F") for 1399
the accountability system based on the following criteria: 1400
(i) Student Achievement: the percent of students 1401
proficient and advanced on the current state assessments; 1402
(ii) Individual student growth: the percent of 1403
students making one (1) year's progress in one (1) year's time on 1404
the state assessment, with an emphasis on the progress of the 1405
lowest twenty-five percent (25%) of students in the school or 1406
district; 1407
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(iii) Four-year graduation rate: the percent of 1408
students graduating with a standard high school diploma in four 1409
(4) years, as defined by federal regulations; 1410
(iv) The system shall include the federally 1411
compliant four-year graduation rate in school and school district 1412
accountability system calculations. Graduation rate will apply to 1413
high school and school district accountability ratings as a 1414
compensatory component. The system shall discontinue the use of 1415
the High School Completer Index (HSCI); 1416
(v) The school and school district accountability 1417
system shall incorporate a standards-based growth model, in order 1418
to support improvement of individual student learning; 1419
(vi) The State Department of Education shall 1420
determine feeder patterns of schools that do not earn a school 1421
grade because the grades and subjects taught at the school do not 1422
have statewide standardized assessments needed to calculate a 1423
school grade. Upon determination of the feeder pattern, the 1424
department shall notify schools and school districts prior to the 1425
release of the school grades. Feeder schools will be assigned the 1426
accountability designation of the school to which they provide 1427
students; 1428
(vii) Standards for student, school and school 1429
district performance will be increased when student proficiency is 1430
at a seventy-five percent (75%) and/or when sixty-five percent 1431
(65%) of the schools and/or school districts are earning a grade 1432
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of "B" or higher, in order to raise the standard on performance 1433
after targets are met; and 1434
(viii) The system shall include student 1435
performance on the administration of a career-readiness 1436
assessment, such as, but not limited to, the ACT WorkKeys 1437
Assessment, deemed appropriate by the State Department of 1438
Education working in coordination with the Office of Workforce 1439
Development. 1440
(6) Nothing in this section shall be deemed to require a 1441
nonpublic school that receives no local, state or federal funds 1442
for support to become accredited by the State Board of Education. 1443
(7) The State Board of Education shall create an 1444
accreditation audit unit under the Commission on School 1445
Accreditation to determine whether schools are complying with 1446
accreditation standards. 1447
(8) The State Board of Education shall be specifically 1448
authorized and empowered to withhold allocations from the total 1449
funding formula funds as provided in Sections 37-151-200 through 1450
37-151-215 to any public school district for failure to timely 1451
report student, school personnel and fiscal data necessary to meet 1452
state and/or federal requirements. 1453
(9) [Deleted] 1454
(10) The State Board of Education shall establish, for those 1455
school districts failing to meet accreditation standards, a 1456
program of development to be complied with in order to receive 1457
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state funds, except as otherwise provided in subsection (15) of 1458
this section when the Governor has declared a state of emergency 1459
in a school district or as otherwise provided in Section 206, 1460
Mississippi Constitution of 1890. The state board, in 1461
establishing these standards, shall provide for notice to schools 1462
and sufficient time and aid to enable schools to attempt to meet 1463
these standards, unless procedures under subsection (15) of this 1464
section have been invoked. 1465
(11) The State Board of Education shall be charged with the 1466
implementation of the program of development in each applicable 1467
school district as follows: 1468
(a) Develop an impairment report for each district 1469
failing to meet accreditation standards in conjunction with school 1470
district officials; 1471
(b) Notify any applicable school district failing to 1472
meet accreditation standards that it is on probation until 1473
corrective actions are taken or until the deficiencies have been 1474
removed. The local school district shall develop a corrective 1475
action plan to improve its deficiencies. For district academic 1476
deficiencies, the corrective action plan for each such school 1477
district shall be based upon a complete analysis of the following: 1478
student test data, student grades, student attendance reports, 1479
student dropout data, existence and other relevant data. The 1480
corrective action plan shall describe the specific measures to be 1481
taken by the particular school district and school to improve: 1482
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(i) instruction; (ii) curriculum; (iii) professional development; 1483
(iv) personnel and classroom organization; (v) student incentives 1484
for performance; (vi) process deficiencies; and (vii) reporting to 1485
the local school board, parents and the community. The corrective 1486
action plan shall describe the specific individuals responsible 1487
for implementing each component of the recommendation and how each 1488
will be evaluated. All corrective action plans shall be provided 1489
to the State Board of Education as may be required. The decision 1490
of the State Board of Education establishing the probationary 1491
period of time shall be final; 1492
(c) Offer, during the probationary period, technical 1493
assistance to the school district in making corrective actions. 1494
Subject to appropriations, the State Department of Education shall 1495
provide technical and/or financial assistance to all such school 1496
districts in order to implement each measure identified in that 1497
district's corrective action plan through professional development 1498
and on-site assistance. Each such school district shall apply for 1499
and utilize all available federal funding in order to support its 1500
corrective action plan in addition to state funds made available 1501
under this paragraph; 1502
(d) Assign department personnel or contract, in its 1503
discretion, with the institutions of higher learning or other 1504
appropriate private entities with experience in the academic, 1505
finance and other operational functions of schools to assist 1506
school districts; 1507
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(e) Provide for publication of public notice at least 1508
one time during the probationary period, in a newspaper published 1509
within the jurisdiction of the school district failing to meet 1510
accreditation standards, or if no newspaper is published therein, 1511
then in a newspaper having a general circulation therein. The 1512
publication shall include the following: declaration of school 1513
system's status as being on probation; all details relating to the 1514
impairment report; and other information as the State Board of 1515
Education deems appropriate. Public notices issued under this 1516
section shall be subject to Section 13-3-31 and not contrary to 1517
other laws regarding newspaper publication. 1518
(12) (a) If the recommendations for corrective action are 1519
not taken by the local school district or if the deficiencies are 1520
not removed by the end of the probationary period, the Commission 1521
on School Accreditation shall conduct a hearing to allow the 1522
affected school district to present evidence or other reasons why 1523
its accreditation should not be withdrawn. Additionally, if the 1524
local school district violates accreditation standards that have 1525
been determined by the policies and procedures of the State Board 1526
of Education to be a basis for withdrawal of school district's 1527
accreditation without a probationary period, the Commission on 1528
School Accreditation shall conduct a hearing to allow the affected 1529
school district to present evidence or other reasons why its 1530
accreditation should not be withdrawn. After its consideration of 1531
the results of the hearing, the Commission on School Accreditation 1532
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shall be authorized, with the approval of the State Board of 1533
Education, to withdraw the accreditation of a public school 1534
district, and issue a request to the Governor that a state of 1535
emergency be declared in that district. 1536
(b) (i) If the State Board of Education and the 1537
Commission on School Accreditation determine that an extreme 1538
emergency situation exists in a school district that jeopardizes 1539
the safety, security or educational interests of the children 1540
enrolled in the schools in that district and that emergency 1541
situation is believed to be related to a serious violation or 1542
violations of accreditation standards or state or federal law, the 1543
State Board of Education may request the Governor to declare a 1544
state of emergency in that school district. For purposes of this 1545
paragraph, the declarations of a state of emergency district's 1546
impairments are related to a lack of financial may include the 1547
school district's serious failure to meet minimum academic 1548
standards, as evidenced by a continued pattern of poor student 1549
performance, or impairments related to a lack of financial 1550
resources. 1551
(ii) If the State Board of Education determines 1552
that a public school or district in the state which, during each 1553
of two (2) consecutive school years or during two (2) of three (3) 1554
consecutive school years, receives an "F" designation by the State 1555
Board of Education under the accountability rating system or has 1556
been persistently failing as defined by the State Board of 1557
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Education; or if the State Board of Education determines that a 1558
public school or district in the state which, during each of four 1559
(4) consecutive school years, receives a "D" or "F" designation by 1560
the State Board of Education under the accountability rating 1561
system or has been persistently failing as defined by the State 1562
Board of Education; or if more than fifty percent (50%) of the 1563
schools within a school district are designated as Schools-At-Risk 1564
in any one (1) year, then the board may place such school or 1565
district into a District of Transformation. The State Board of 1566
Education shall take over only the number of schools and districts 1567
for which it has the capacity to serve. The State Board of 1568
Education shall adopt rules and regulations governing any 1569
additional requirements for placement into a District of 1570
Transformation and the operation thereof. School districts or 1571
schools that are eligible to be placed into a District of 1572
Transformation due to poor academic performance but are not 1573
absorbed due to the capacity of the State Board of Education, 1574
shall develop and implement a district improvement plan with 1575
prescriptive guidance and support from the Mississippi Department 1576
of Education, with the goal of helping the district improve 1577
student achievement. Failure of the school board, superintendent 1578
and school district staff to implement the plan with fidelity and 1579
participate in the activities provided as support by the 1580
department shall result in the school district retaining its 1581
eligibility for placement into a District of Transformation. 1582
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(iii) If the State Board of Education determined 1583
that a school district is impaired with a serious lack of 1584
financial resources, the State Board of Education may place the 1585
school district into a District of Transformation. If a school 1586
district is placed into a District of Transformation for financial 1587
reasons, the school district shall be required to reimburse the 1588
state for any costs incurred by the state on behalf of the school 1589
district. 1590
(c) Whenever the Governor declares a state of emergency 1591
in a school district in response to a request made under paragraph 1592
(a) or (b) of this subsection, or when the State Board of 1593
Education places a school district into a District of 1594
Transformation due to poor academic performance or financial 1595
reasons, the State Board of Education may take one or more of the 1596
following actions: 1597
(i) Declare a state of emergency, under which some 1598
or all of state funds can be escrowed except as otherwise provided 1599
in Section 206, Constitution of 1890, until the board determines 1600
corrective actions are being taken or the deficiencies have been 1601
removed, or that the needs of students warrant the release of 1602
funds. The funds may be released from escrow for any program 1603
which the board determines to have been restored to standard even 1604
though the state of emergency may not as yet be terminated for the 1605
district as a whole; 1606
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(ii) Override any decision of the local school 1607
board or superintendent of education, or both, concerning the 1608
management and operation of the school district, or initiate and 1609
make decisions concerning the management and operation of the 1610
school district; 1611
(iii) Assign an interim superintendent, or in its 1612
discretion, contract with a private entity with experience in the 1613
academic, finance and other operational functions of schools and 1614
school districts, who will have those powers and duties prescribed 1615
in subsection (15) of this section; 1616
(iv) Grant transfers to students who attend this 1617
school district so that they may attend other accredited schools 1618
or districts in a manner that is not in violation of state or 1619
federal law; 1620
(v) For states of emergency declared under 1621
paragraph (a) only, if the accreditation deficiencies are related 1622
to the fact that the school district is too small, with too few 1623
resources, to meet the required standards and if another school 1624
district is willing to accept those students, abolish that 1625
district and assign that territory to another school district or 1626
districts. If the school district has proposed a voluntary 1627
consolidation with another school district or districts, then if 1628
the State Board of Education finds that it is in the best interest 1629
of the pupils of the district for the consolidation to proceed, 1630
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the voluntary consolidation shall have priority over any such 1631
assignment of territory by the State Board of Education; 1632
(vi) For actions taken pursuant to paragraph (b) 1633
only, reduce local supplements paid to school district employees, 1634
including, but not limited to, instructional personnel, assistant 1635
teachers and extracurricular activities personnel, if the 1636
district's impairment is related to a lack of financial resources, 1637
but only to an extent that will result in the salaries being 1638
comparable to districts similarly situated, as determined by the 1639
State Board of Education; 1640
(vii) For actions taken pursuant to paragraph (b) 1641
only, the State Board of Education may take any action as 1642
prescribed in Section 37-17-13. 1643
(d) At the time that satisfactory corrective action has 1644
been taken in a school district in which a state of emergency has 1645
been declared, the State Board of Education may request the 1646
Governor to declare that the state of emergency no longer exists 1647
in the district. 1648
(e) The parent or legal guardian of a school-age child 1649
who is enrolled in a school district whose accreditation has been 1650
withdrawn by the Commission on School Accreditation and without 1651
approval of that school district may file a petition in writing to 1652
a school district accredited by the Commission on School 1653
Accreditation for a legal transfer. The school district 1654
accredited by the Commission on School Accreditation may grant the 1655
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transfer according to the procedures of Section 37-15-31(1)(b). 1656
In the event the accreditation of the student's home district is 1657
restored after a transfer has been approved, the student may 1658
continue to attend the transferee school district. The per pupil 1659
amount of the total funding formula allotment for the student's 1660
home school district shall be transferred monthly to the school 1661
district accredited by the Commission on School Accreditation that 1662
has granted the transfer of the school-age child. 1663
(f) Upon the declaration of a state of emergency for 1664
any school district in which the Governor has previously declared 1665
a state of emergency, the State Board of Education may either: 1666
(i) Place the school district into district 1667
transformation, in which the school district shall remain until it 1668
has fulfilled all conditions related to district transformation. 1669
If the district was assigned an accreditation rating of "D" or "F" 1670
when placed into district transformation, the district shall be 1671
eligible to return to local control when the school district has 1672
attained a "C" rating or higher for three (3) consecutive years; 1673
(ii) Abolish the school district and 1674
administratively consolidate the school district with one or more 1675
existing school districts; 1676
(iii) Reduce the size of the district and 1677
administratively consolidate parts of the district, as determined 1678
by the State Board of Education. However, no school district 1679
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which is not in district transformation shall be required to 1680
accept additional territory over the objection of the district; or 1681
(iv) Require the school district to develop and 1682
implement a district improvement plan with prescriptive guidance 1683
and support from the State Department of Education, with the goal 1684
of helping the district improve student achievement. Failure of 1685
the school board, superintendent and school district staff to 1686
implement the plan with fidelity and participate in the activities 1687
provided as support by the department shall result in the school 1688
district retaining its eligibility for district transformation. 1689
(13) Upon the declaration of a state of emergency in a 1690
school district under subsection (12) of this section, or upon the 1691
State Board of Education's placement of a school district into a 1692
District of Transformation for academic or financial reasons, the 1693
Commission on School Accreditation shall be responsible for public 1694
notice at least once a week for at least three (3) consecutive 1695
weeks in a newspaper published within the jurisdiction of the 1696
school district failing to meet accreditation standards, or if no 1697
newspaper is published therein, then in a newspaper having a 1698
general circulation therein. The size of the notice shall be no 1699
smaller than one-fourth (1/4) of a standard newspaper page and 1700
shall be printed in bold print. If an interim superintendent has 1701
been appointed for the school district, the notice shall begin as 1702
follows: "By authority of Section 37-17-6, Mississippi Code of 1703
1972, as amended, adopted by the Mississippi Legislature during 1704
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the 1991 Regular Session, this school district (name of school 1705
district) is hereby placed under the jurisdiction of the State 1706
Department of Education acting through its appointed interim 1707
superintendent (name of interim superintendent)." 1708
The notice also shall include, in the discretion of the State 1709
Board of Education, any or all details relating to the school 1710
district's emergency status, including the declaration of a state 1711
of emergency in the school district and a description of the 1712
district's impairment deficiencies, conditions of any district 1713
transformation status and corrective actions recommended and being 1714
taken. Public notices issued under this section shall be subject 1715
to Section 13-3-31 and not contrary to other laws regarding 1716
newspaper publication. 1717
Upon termination of a school district in a District of 1718
Transformation, the Commission on School Accreditation shall cause 1719
notice to be published in the school district in the same manner 1720
provided in this section, to include any or all details relating 1721
to the corrective action taken in the school district that 1722
resulted in the termination of the state of emergency. 1723
(14) The State Board of Education or the Commission on 1724
School Accreditation shall have the authority to require school 1725
districts to produce the necessary reports, correspondence, 1726
financial statements, and any other documents and information 1727
necessary to fulfill the requirements of this section. 1728
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Nothing in this section shall be construed to grant any 1729
individual, corporation, board or interim superintendent the 1730
authority to levy taxes except in accordance with presently 1731
existing statutory provisions. 1732
(15) (a) Whenever the Governor declares a state of 1733
emergency in a school district in response to a request made under 1734
subsection (12) of this section, or when the State Board of 1735
Education places a school district into a District of 1736
Transformation for academic or financial reasons, the State Board 1737
of Education, in its discretion, may assign an interim 1738
superintendent to the school district, or in its discretion, may 1739
contract with an appropriate private entity with experience in the 1740
academic, finance and other operational functions of schools and 1741
school districts, who will be responsible for the administration, 1742
management and operation of the school district, including, but 1743
not limited to, the following activities: 1744
(i) Approving or disapproving all financial 1745
obligations of the district, including, but not limited to, the 1746
employment, termination, nonrenewal and reassignment of all 1747
licensed and nonlicensed personnel, contractual agreements and 1748
purchase orders, and approving or disapproving all claim dockets 1749
and the issuance of checks; in approving or disapproving 1750
employment contracts of superintendents, assistant superintendents 1751
or principals, the interim superintendent shall not be required to 1752
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comply with the time limitations prescribed in Sections 37-9-15 1753
and 37-9-105; 1754
(ii) Supervising the day-to-day activities of the 1755
district's staff, including reassigning the duties and 1756
responsibilities of personnel in a manner which, in the 1757
determination of the interim superintendent, will best suit the 1758
needs of the district; 1759
(iii) Reviewing the district's total financial 1760
obligations and operations and making recommendations to the 1761
district for cost savings, including, but not limited to, 1762
reassigning the duties and responsibilities of staff; 1763
(iv) Attending all meetings of the district's 1764
school board and administrative staff; 1765
(v) Approving or disapproving all athletic, band 1766
and other extracurricular activities and any matters related to 1767
those activities; 1768
(vi) Maintaining a detailed account of 1769
recommendations made to the district and actions taken in response 1770
to those recommendations; 1771
(vii) Reporting periodically to the State Board of 1772
Education on the progress or lack of progress being made in the 1773
district to improve the district's impairments during the state of 1774
emergency; and 1775
(viii) Appointing a parent advisory committee, 1776
comprised of parents of students in the school district that may 1777
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make recommendations to the interim superintendent concerning the 1778
administration, management and operation of the school district. 1779
The cost of the salary of the interim superintendent and any 1780
other actual and necessary costs related to district 1781
transformation status paid by the State Department of Education 1782
shall be reimbursed by the local school district from funds other 1783
than total funding formula funds as provided in Sections 1784
37-151-200 through 37-151-215. In the alternative, the local 1785
school district may pay the cost of the salary of the interim 1786
superintendent. The department shall submit an itemized statement 1787
to the superintendent of the local school district for 1788
reimbursement purposes, and any unpaid balance may be withheld 1789
from the district's funding formula funds. 1790
At the time that the Governor, in accordance with the request 1791
of the State Board of Education, declares that the state of 1792
emergency no longer exists in a school district, the interim 1793
superintendent assigned to the district shall remain in place for 1794
a period of two (2) years and shall work alongside the newly 1795
reconstituted school board. A new superintendent may be hired by 1796
the newly reconstituted board after the one (1) year state of 1797
emergency no longer exists, but he or she shall serve as deputy to 1798
the interim superintendent while the interim superintendent is 1799
assigned to the district. 1800
(b) In order to provide loans to school districts under 1801
a state of emergency or in district transformation status that 1802
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have impairments related to a lack of financial resources, the 1803
School District Emergency Assistance Fund is created as a special 1804
fund in the State Treasury into which monies may be transferred or 1805
appropriated by the Legislature from any available public 1806
education funds. Funds in the School District Emergency 1807
Assistance Fund up to a maximum balance of Three Million Dollars 1808
($3,000,000.00) annually shall not lapse but shall be available 1809
for expenditure in subsequent years subject to approval of the 1810
State Board of Education. Any amount in the fund in excess of 1811
Three Million Dollars ($3,000,000.00) at the end of the fiscal 1812
year shall lapse into the State General Fund or the Education 1813
Enhancement Fund, depending on the source of the fund. 1814
The State Board of Education may loan monies from the School 1815
District Emergency Assistance Fund to a school district that is 1816
under a state of emergency or in district transformation status, 1817
in those amounts, as determined by the board, that are necessary 1818
to correct the district's impairments related to a lack of 1819
financial resources. The loans shall be evidenced by an agreement 1820
between the school district and the State Board of Education and 1821
shall be repayable in principal, without necessity of interest, to 1822
the School District Emergency Assistance Fund by the school 1823
district from any allowable funds that are available. The total 1824
amount loaned to the district shall be due and payable within five 1825
(5) years after the impairments related to a lack of financial 1826
resources are corrected. If a school district fails to make 1827
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payments on the loan in accordance with the terms of the agreement 1828
between the district and the State Board of Education, the State 1829
Department of Education, in accordance with rules and regulations 1830
established by the State Board of Education, may withhold that 1831
district's total funding formula funds in an amount and manner 1832
that will effectuate repayment consistent with the terms of the 1833
agreement; the funds withheld by the department shall be deposited 1834
into the School District Emergency Assistance Fund. 1835
The State Board of Education shall develop a protocol that 1836
will outline the performance standards and requisite timeline 1837
deemed necessary for extreme emergency measures. If the State 1838
Board of Education determines that an extreme emergency exists, 1839
simultaneous with the powers exercised in this subsection, it 1840
shall take immediate action against all parties responsible for 1841
the affected school districts having been determined to be in an 1842
extreme emergency. The action shall include, but not be limited 1843
to, initiating civil actions to recover funds and criminal actions 1844
to account for criminal activity. Any funds recovered by the 1845
State Auditor or the State Board of Education from the surety 1846
bonds of school officials or from any civil action brought under 1847
this subsection shall be applied toward the repayment of any loan 1848
made to a school district hereunder. 1849
(16) [Deleted] 1850
(17) [Deleted] 1851
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(18) The State Board of Education, acting through the 1852
Commission on School Accreditation, shall require each school 1853
district to comply with standards established by the State 1854
Department of Audit for the verification of fixed assets and the 1855
auditing of fixed assets records as a minimum requirement for 1856
accreditation. 1857
(19) [Deleted] 1858
(20) [Deleted] 1859
(21) If a local school district is determined as failing and 1860
placed into district transformation status for reasons authorized 1861
by the provisions of this section, the interim superintendent 1862
appointed to the district shall, within forty-five (45) days after 1863
being appointed, present a detailed and structured corrective 1864
action plan to move the local school district out of district 1865
transformation status to the deputy superintendent. A copy of the 1866
interim superintendent's corrective action plan shall also be 1867
filed with the State Board of Education. 1868
SECTION 25. Section 37-57-107, Mississippi Code of 1972, is 1869
brought forward as follows: 1870
37-57-107. (1) Beginning with the tax levy for the 1997 1871
fiscal year and for each fiscal year thereafter, the aggregate 1872
receipts from taxes levied for school district purposes pursuant 1873
to Sections 37-57-105 and 37-57-1 shall not exceed the aggregate 1874
receipts from those sources during any one (1) of the immediately 1875
preceding three (3) fiscal years, as determined by the school 1876
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board, plus an increase not to exceed seven percent (7%). For the 1877
purpose of this limitation, the term "aggregate receipts" when 1878
used in connection with the amount of funds generated in a 1879
preceding fiscal year shall not include excess receipts required 1880
by law to be deposited into a special account. However, the term 1881
"aggregate receipts" includes any receipts required by law to be 1882
paid to a charter school. The additional revenue from the ad 1883
valorem tax on any newly constructed properties or any existing 1884
properties added to the tax rolls or any properties previously 1885
exempt which were not assessed in the next preceding year may be 1886
excluded from the seven percent (7%) increase limitation set forth 1887
herein. Taxes levied for payment of principal of and interest on 1888
general obligation school bonds issued heretofore or hereafter 1889
shall be excluded from the seven percent (7%) increase limitation 1890
set forth herein. Any additional millage levied to fund any new 1891
program mandated by the Legislature shall be excluded from the 1892
limitation for the first year of the levy and included within such 1893
limitation in any year thereafter. For the purposes of this 1894
section, the term "new program" shall include, but shall not be 1895
limited to, (a) the Early Childhood Education Program, as provided 1896
by Section 37-21-7, and any additional millage levied and the 1897
revenue generated therefrom, which is excluded from the limitation 1898
for the first year of the levy, to support the mandated Early 1899
Childhood Education Program shall be specified on the minutes of 1900
the school board and of the governing body making such tax levy; 1901
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(b) any additional millage levied and the revenue generated 1902
therefrom, which shall be excluded from the limitation for the 1903
first year of the levy, for the purpose of generating additional 1904
local contribution funds required for the total funding formula as 1905
required by Sections 37-151-200 through 37-151-215; and (c) any 1906
additional millage levied and the revenue generated therefrom 1907
which shall be excluded from the limitation for the first year of 1908
the levy, for the purpose of support and maintenance of any 1909
agricultural high school which has been transferred to the 1910
control, operation and maintenance of the school board by the 1911
board of trustees of the community college district under 1912
provisions of Section 37-29-272. 1913
(2) The seven percent (7%) increase limitation prescribed in 1914
this section may be increased an additional amount only when the 1915
school board has determined the need for additional revenues and 1916
has held an election on the question of raising the limitation 1917
prescribed in this section. The limitation may be increased only 1918
if three-fifths (3/5) of those voting in the election shall vote 1919
for the proposed increase. The resolution, notice and manner of 1920
holding the election shall be as prescribed by law for the holding 1921
of elections for the issuance of bonds by the respective school 1922
boards. Revenues collected for the fiscal year in excess of the 1923
seven percent (7%) increase limitation pursuant to an election 1924
shall be included in the tax base for the purpose of determining 1925
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aggregate receipts for which the seven percent (7%) increase 1926
limitation applies for subsequent fiscal years. 1927
(3) Except as otherwise provided for excess revenues 1928
generated pursuant to an election, if revenues collected as the 1929
result of the taxes levied for the fiscal year pursuant to this 1930
section and Section 37-57-1 exceed the increase limitation, then 1931
it shall be the mandatory duty of the school board of the school 1932
district to deposit such excess receipts over and above the 1933
increase limitation into a special account and credit it to the 1934
fund for which the levy was made. It will be the further duty of 1935
such board to hold the funds and invest the same as authorized by 1936
law. Such excess funds shall be calculated in the budgets for the 1937
school districts for the purpose for which such levies were made, 1938
for the succeeding fiscal year. Taxes imposed for the succeeding 1939
year shall be reduced by the amount of excess funds available. 1940
Under no circumstances shall such excess funds be expended during 1941
the fiscal year in which such excess funds are collected. 1942
(4) For the purposes of determining ad valorem tax receipts 1943
for a preceding fiscal year under this section, the term "fiscal 1944
year" means the fiscal year beginning October 1 and ending 1945
September 30. 1946
(5) Beginning with the 2013-2014 school year, each school 1947
district in which a charter school is located shall pay to the 1948
charter school an amount for each student enrolled in the charter 1949
school equal to the ad valorem taxes levied per pupil for the 1950
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support of the school district in which the charter school is 1951
located. The pro rata ad valorem taxes to be transferred to the 1952
charter school must include all levies for the support of the 1953
school district under Sections 37-57-1 (local contribution to the 1954
total funding formula as required by Sections 37-151-200 through 1955
37-151-215) and 37-57-105 (school district operational levy) but 1956
may not include any taxes levied for the retirement of school 1957
district bonded indebtedness or short-term notes or any taxes 1958
levied for the support of vocational-technical education programs. 1959
Payments made pursuant to this subsection by a school district to 1960
a charter school must be made before the expiration of three (3) 1961
business days after the funds are distributed to the school 1962
district. 1963
SECTION 26. Section 37-151-93, Mississippi Code of 1972, is 1964
brought forward as follows: 1965
37-151-93. (1) Legally transferred students going from one 1966
school district to another shall be counted for total funding 1967
formula allotments by the school district wherein the pupils 1968
attend school, but shall be counted for transportation allotment 1969
purposes in the school district which furnishes or provides the 1970
transportation. The school boards of the school districts which 1971
approve the transfer of a student under the provisions of Section 1972
37-15-31 shall enter into an agreement and contract for the 1973
payment or nonpayment of any portion of their local maintenance 1974
funds which they deem fair and equitable in support of any 1975
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transferred student. Except as provided in subsection (2) of this 1976
section, local maintenance funds shall be transferred only to the 1977
extent specified in the agreement and contract entered into by the 1978
affected school districts. The terms of any local maintenance 1979
fund payment transfer contract shall be spread upon the minutes of 1980
both of the affected school district school boards. The school 1981
district accepting any transfer students shall be authorized to 1982
accept tuition from such students under the provisions of Section 1983
37-15-31(1) and such agreement may remain in effect for any length 1984
of time designated in the contract. The terms of such student 1985
transfer contracts and the amounts of any tuition charged any 1986
transfer student shall be spread upon the minutes of both of the 1987
affected school boards. No school district accepting any transfer 1988
students under the provisions of Section 37-15-31(2), which 1989
provides for the transfer of certain school district employee 1990
dependents, shall be authorized to charge such transfer students 1991
any tuition fees. 1992
(2) Local maintenance funds shall be paid by the home school 1993
district to the transferee school district for students granted 1994
transfers under the provisions of Sections 37-15-29(3) and 1995
37-15-31(3), not to exceed the student base amount, as defined in 1996
Section 37-151-201, multiplied by the number of such legally 1997
transferred students. 1998
SECTION 27. Section 37-151-103, Mississippi Code of 1972, is 1999
brought forward as follows: 2000
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37-151-103. (1) Funds due each school district and charter 2001
school under the total funding formula provided in Sections 2002
37-151-200 through 37-151-215 shall be paid in the following 2003
manner: Two (2) business days prior to the last working day of 2004
each month there shall be paid to each school district and charter 2005
school, by electronic funds transfer, one-twelfth (1/12) of the 2006
funds to which the district or charter school is entitled from 2007
funds appropriated for total funding formula. However, in 2008
December those payments shall be made on December 15 or the next 2009
business day after that date. All school districts shall process 2010
a single monthly or a bimonthly payroll for employees, in the 2011
discretion of the local school board, with electronic settlement 2012
of payroll checks secured through direct deposit of net pay for 2013
all school district employees. In addition, the State Department 2014
of Education may pay school districts and charter schools under 2015
the total funding formula on a date earlier than provided for by 2016
this section if it is determined that it is in the best interest 2017
of school districts and charter schools to do so. 2018
However, if the cash balance in the State General Fund is 2019
not adequate on the due date to pay the amounts due to all school 2020
districts and charter schools in the state as determined by the 2021
State Superintendent of Public Education, the State Fiscal Officer 2022
shall not transfer the funds payable to any school district or 2023
districts or charter schools until money is available to pay the 2024
amount due to all districts and charter schools. 2025
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ST: Agriculture, Science, Commerce,
Engineering, Nursing and Technical Skills
(ASCENT) to Excellence Early College High
School; create at Alcorn State University.
(2) Notwithstanding any provision of this chapter or any 2026
other law requiring the number of children in net enrollment or 2027
the net enrollment of transported children to be determined on the 2028
basis of the preceding year, the State Board of Education is 2029
hereby authorized and empowered to make proper adjustments in 2030
allotments in cases where major changes in the number of children 2031
in net enrollment or the net enrollment of transported children 2032
occurs from one (1) year to another as a result of changes or 2033
alterations in the boundaries of school districts, the sending of 2034
children from one (1) county or district to another upon a 2035
contract basis, the termination or discontinuance of a contract 2036
for the sending of children from one (1) county or district to 2037
another, a change in or relocation of attendance centers, or for 2038
any other reason which would result in a major decrease or 2039
increase in the number of children in net enrollment or the net 2040
enrollment of transported children during the current school year 2041
as compared with the preceding year. 2042
SECTION 28. This act shall take effect and be in force from 2043
and after July 1, 2026. 2044