Efficiency and transparency; revise certain laws to increase in education programs.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Felsher

HOUSE BILL NO. 1569

AN ACT TO REQUIRE THE PEER COMMITTEE TO PREPARE A REPORT ON 1
CERTAIN SCHOOL DISTRICT IMPLEMENTATION OF EFFICIENCY MEASURES; TO 2
AMEND SECTION 37-3-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 3
DEPARTMENT OF EDUCATION TO AID SCHOOL DISTRICTS IN CREATING 4
TECHNOLOGY AND DISASTER RECOVERY PLANS; TO REQUIRE THE DEPARTMENT 5
TO DEVELOP A PLAN TEMPLATE AND PROVIDE GUIDANCE DOCUMENTS FOR 6
TECHNOLOGY STAFF DEVELOPING SUCH PLANS; TO REQUIRE THE DEPARTMENT 7
TO CONDUCT CERTAIN SURVEYS RELATED TO TECHNOLOGY PROGRAMS AT LEAST 8
EVERY TWO YEARS; TO AMEND SECTION 37-13-137, MISSISSIPPI CODE OF 9
1972, TO REQUIRE THE DEPARTMENT TO DEVELOP GUIDANCE FOR SCHOOL 10
DISTRICTS TO INCREASE EFFICIENCY AND PRODUCTIVITY IN NUTRITION 11
PROGRAMS; TO AMEND SECTION 37-28-7, MISSISSIPPI CODE OF 1972, TO 12
ESTABLISH STAGGERED TERMS OF OFFICE FOR THE MISSISSIPPI CHARTER 13
SCHOOL AUTHORIZER BOARD; TO AMEND SECTION 37-28-11, MISSISSIPPI 14
CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI CHARTER SCHOOL 15
AUTHORIZER BOARD MAY RECEIVE UP TO 3% OF ANNUAL PER-PUPIL 16
ALLOCATIONS RECEIVED BY A CHARTER SCHOOL FROM STATE AND LOCAL 17
FUNDS FOR EACH CHARTER SCHOOL IT AUTHORIZES; TO AMEND SECTION 18
37-37-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO 19
ANNUALLY REVIEW ITS ACCOUNTING MANUAL TO DETERMINE WHETHER 20
REVISIONS WOULD IMPROVE DETAIL, CLARITY AND ACCURACY OF SCHOOL 21
DISTRICT REVENUES AND EXPENSES; TO AMEND SECTION 37-41-13, 22
MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO DEVELOP 23
GUIDANCE FOR SCHOOL DISTRICTS TO IMPROVE TRANSPORTATION SERVICES 24
AND REDUCE COSTS RELATED TO BUS ROUTES; TO AMEND SECTION 25
37-151-211, MISSISSIPPI CODE OF 1972, TO REVISE THE ENROLLMENT 26
FIGURES USED IN THE PRO RATA LOCAL AD VALOREM TAX CALCULATION; TO 27
BRING FORWARD SECTION 5-3-61, MISSISSIPPI CODE OF 1972, FOR THE 28
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 29
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 30
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SECTION 1. (1) The committee shall be responsible for 31
carrying out certain specific responsibilities related to the 32
evaluation of education programs in the public schools of the 33
state. The committee shall: 34
(a) Prepare a list of all efficiency measures that the 35
committee's designated contractor has recommended for use by local 36
school districts that are being used by districts to measure their 37
efficiency; and 38
(b) Summarize actions school districts have taken to 39
reduce costs and improve efficiency based on the recommendations 40
made by the committee's designated contractor. 41
(2) By December 31, 2026, the committee shall compile a 42
report on school district cost savings to be made available to the 43
Lieutenant Governor, the Speaker of the House of Representatives 44
and the committee chairs of the House and Senate Education 45
committees. 46
(3) This section shall stand repealed from and after January 47
1, 2027. 48
SECTION 2. Section 1 of this act shall be codified in 49
Chapter 3, Title 5, Mississippi Code of 1972. 50
SECTION 3. Section 37-3-5, Mississippi Code of 1972, is 51
amended as follows: 52
37-3-5. (1) The State Department of Education is * * * 53
charged with the execution of all laws relating to the 54
administrative, supervisory and consultative services to the 55
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public schools and agricultural high schools of the school 56
districts throughout the State of Mississippi. The State 57
Department of Education is also authorized to grant property to 58
public school districts and agricultural high schools of the State 59
of Mississippi. 60
(a) The department shall aid school districts in 61
creating technology and disaster recovery plans. The department 62
shall develop a plan template and provide guidance documents for 63
technology staff to use when developing these plans. 64
(b) In order for the department to better understand 65
the resources and support needed to assist districts in improving 66
their technology programs, the department shall conduct the 67
following surveys at least every two (2) years: 68
(i) A detailed technology survey for district 69
technology leaders; and 70
(ii) A detailed survey for teaching staff 71
regarding technology use in the classroom, including analysis of 72
the effectiveness of the Equity in Distance Learning Act (Section 73
37-68-1 et seq.). 74
(2) Subject to the direction of the State Board of Education 75
as provided by law, the administration, management and control of 76
the department is * * * vested in the State Superintendent of 77
Public Education, who shall be directly responsible for the 78
rightful functioning thereof. 79
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SECTION 4. Section 37-13-137, Mississippi Code of 1972, is 80
amended as follows: 81
37-13-137. (1) The State Board of Education shall adopt 82
regulations as provided in this section not later than March 1, 83
2008, which shall be effective for compliance by school districts 84
beginning with the 2008-2009 school year, for the Child Nutrition 85
School Breakfast and Lunch Programs that are not in conflict with 86
the regulations of the United States Department of Agriculture 87
(USDA). The regulations shall take into account the most recent 88
and advanced scientific principles regarding good human health and 89
fitness, and the effect of the regulations must be that the good 90
health, well-being and fitness of Mississippi school children 91
shall be advanced. The regulations shall include, but not be 92
limited to, the following areas: 93
(a) Healthy food and beverage choices; 94
(b) Healthy food preparation; 95
(c) Marketing of healthy food choices to students and 96
staff; 97
(d) Food preparation ingredients and products; 98
(e) Minimum and maximum time allotment for students and 99
staff lunch and breakfast periods; 100
(f) The availability of food items during the lunch and 101
breakfast periods of the Child Nutrition School Breakfast and 102
Lunch Programs; and 103
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(g) Methods to increase participation in the Child 104
Nutrition School Breakfast and Lunch Programs. 105
(2) The Office of Healthy Schools of the State Department of 106
Education shall provide comprehensive training for 107
superintendents, business managers, food service directors and 108
food service managers of a local school district, or the designees 109
appointed by those individuals for training purposes, as required 110
by the department on marketing healthy foods, creating a healthy 111
cafeteria environment, effective and efficient food service 112
operations, the standards and expectations of food service staff, 113
and other topics as identified by the department. The department 114
may determine the time and location of the trainings and the 115
frequency with which they are held. Persons employed by a local 116
school district having the certification as a Food Service 117
Administrator III or IV shall be exempt from the training 118
requirements of this subsection. 119
(3) Local school districts may adopt rules and regulations 120
that may be more stringent but not in conflict with those adopted 121
by the State Board of Education under this section. 122
(4) (a) The Department of Education shall develop guidance 123
to help school districts improve their nutrition programs and 124
their meals per labor hour to ensure efficiency and productivity 125
in food service in schools. 126
(b) The department shall develop guidance for school 127
districts on using any excess reserves in their nutrition funds 128
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for allowable expenses that could contribute to a more efficient 129
nutrition program. 130
(c) The department shall develop a standardized guide 131
to assist school districts with strategies to increase their 132
breakfast participation rates. 133
SECTION 5. Section 37-28-7, Mississippi Code of 1972, is 134
amended as follows: 135
37-28-7. (1) There is created the Mississippi Charter 136
School Authorizer Board as a state agency with exclusive 137
chartering jurisdiction in the State of Mississippi. Unless 138
otherwise authorized by law, no other governmental agency or 139
entity may assume any charter authorizing function or duty in any 140
form. 141
(2) (a) The mission of the Mississippi Charter School 142
Authorizer Board is to authorize high-quality charter schools, 143
particularly schools designed to expand opportunities for 144
underserved students, consistent with the purposes of this 145
chapter. Subject to the restrictions and conditions prescribed in 146
this subsection, the Mississippi Charter School Authorizer Board 147
may authorize charter schools within the geographical boundaries 148
of any school district. 149
(b) The Mississippi Charter School Authorizer Board may 150
approve a maximum of fifteen (15) qualified charter applications 151
during a fiscal year. 152
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(c) In any school district designated as an "A," "B" or 153
"C" school district by the State Board of Education under the 154
accreditation rating system at the time of application, the 155
Mississippi Charter School Authorizer Board may authorize charter 156
schools only if a majority of the members of the local school 157
board votes at a public meeting to endorse the application or to 158
initiate the application on its own initiative. 159
(3) The Mississippi Charter School Authorizer Board shall 160
consist of seven (7) members, to be appointed as follows: 161
(a) Three (3) members appointed by the Governor, with 162
one (1) member being from each of the Mississippi Supreme Court 163
Districts. 164
(b) Three (3) members appointed by the Lieutenant 165
Governor, with one (1) member being from each of the Mississippi 166
Supreme Court Districts. 167
(c) One (1) member appointed by the State 168
Superintendent of Public Education. 169
All appointments must be made with the advice and consent of 170
the Senate. In making the appointments, the appointing authority 171
shall ensure diversity among members of the Mississippi Charter 172
School Authorizer Board. 173
(4) Members appointed to the Mississippi Charter School 174
Authorizer Board collectively must possess strong experience and 175
expertise in public and nonprofit governance, management and 176
finance, public school leadership, assessment, curriculum and 177
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instruction, and public education law. Each member of the 178
Mississippi Charter School Authorizer Board must have demonstrated 179
an understanding of and commitment to charter schooling as a 180
strategy for strengthening public education. 181
(5) To establish staggered terms of office, the initial term 182
of office for the three (3) Mississippi Charter School Authorizer 183
Board members appointed by the Governor shall be * * * staggered 184
with one (1) member serving a one (1) year term, one (1) member 185
serving a two (2) year term, and one (1) member serving a three 186
(3) year term; the initial term of office for the three (3) 187
members appointed by the Lieutenant Governor shall be * * * 188
staggered with one (1) member serving a one (1) year term, one (1) 189
member serving a two (2) year term, and one (1) member serving a 190
three (3) year term; and the initial term of office for the member 191
appointed by the State Superintendent of Public Education shall be 192
two (2) years * * *. After the expiration of the initial terms, 193
members of the board shall serve terms of three (3) years from the 194
expiration date of the previous term. No member may serve more 195
than two (2) consecutive terms. The initial appointments must be 196
made before * * * July 1, 2026. 197
(6) The Mississippi Charter School Authorizer Board shall 198
meet as soon as practical after September 1, 2013, upon the call 199
of the Governor, and shall organize for business by selecting a 200
chairman and adopting bylaws. Subsequent meetings shall be called 201
by the chairman. 202
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(7) An individual member of the Mississippi Charter School 203
Authorizer Board may be removed by the board if the member's 204
personal incapacity renders the member incapable or unfit to 205
discharge the duties of the office or if the member is absent from 206
a number of meetings of the board, as determined and specified by 207
the board in its bylaws. Whenever a vacancy on the Mississippi 208
Charter School Authorizer Board exists, the original appointing 209
authority shall appoint a member for the remaining portion of the 210
term. 211
(8) No member of the Mississippi Charter School Authorizer 212
Board or employee, agent or representative of the board may serve 213
simultaneously as an employee, trustee, agent, representative, 214
vendor or contractor of a charter school authorized by the board. 215
(9) The Mississippi Charter School Authorizer Board shall 216
appoint an individual to serve as the Executive Director of the 217
Mississippi Charter School Authorizer Board. The executive 218
director shall possess the qualifications established by the board 219
which are based on national best practices, and shall possess an 220
understanding of state and federal education law. The executive 221
director, who shall serve at the will and pleasure of the board, 222
shall devote his full time to the proper administration of the 223
board and the duties assigned to him by the board and shall be 224
paid a salary established by the board, subject to the approval of 225
the State Personnel Board. Subject to the availability of 226
funding, the executive director may employ such administrative 227
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staff as may be necessary to assist the director and board in 228
carrying out the duties and directives of the Mississippi Charter 229
School Authorizer Board. 230
(10) The Mississippi Charter School Authorizer Board is 231
authorized to obtain suitable office space for administrative 232
purposes. In acquiring a facility or office space, the authorizer 233
board shall adhere to all policies and procedures required by the 234
Department of Finance and Administration and the Public 235
Procurement Review Board. 236
SECTION 6. Section 37-28-11, Mississippi Code of 1972, is 237
amended as follows: 238
37-28-11. (1) To cover the costs of overseeing charter 239
schools in accordance with this chapter, the authorizer shall 240
receive up to three percent (3%) of annual per-pupil allocations 241
received by a charter school from state and local funds for each 242
charter school it authorizes. 243
(2) The authorizer may receive appropriate gifts, grants and 244
donations of any kind from any public or private entity to carry 245
out the purposes of this chapter, subject to all lawful terms and 246
conditions under which the gifts, grants or donations are given. 247
(3) The authorizer may expend its resources, seek grant 248
funds and establish partnerships to support its charter school 249
authorizing activities. 250
SECTION 7. Section 37-37-1, Mississippi Code of 1972, is 251
amended as follows: 252
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37-37-1. (1) The State Department of Education is * * * 253
authorized and directed to prescribe and formulate for use by all 254
school districts of this state, including municipal separate 255
school districts, adequate accounting systems and other essential 256
financial records which shall be uniform for all of the school 257
districts of this state. Such uniform system shall include a 258
method of accounting for and keeping records of all funds 259
received, handled and disbursed by such school district, whether 260
derived from taxation or otherwise, including funds derived from 261
donations, athletic events and other special activities of the 262
school district. The uniform system of accounts so prescribed and 263
formulated by the State Department of Education shall be 264
distributed and disseminated to all of the school districts of 265
this state and it shall be mandatory that the boards of trustees 266
of all such school districts install, utilize and follow said 267
uniform system of accounts in keeping the financial records of the 268
school district. At the request of the Mississippi Department of 269
Education, the Office of the State Auditor shall provide advice 270
for implementation of this section. 271
(2) The Department of Education shall annually review its 272
Accounting Manual for School Districts to determine whether it 273
should make revisions that would assist school districts in 274
providing greater detail, clarity and accuracy of district 275
revenues and expenses. The department shall report any 276
recommendations to the State Board of Education, the Mississippi 277
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House and Senate Education committees, and the PEER Committee no 278
later than December 14 of each year. 279
SECTION 8. Section 37-41-13, Mississippi Code of 1972, is 280
amended as follows: 281
37-41-13. (1) All routes shall be laid out so as to place 282
all pupils entitled to transportation within a reasonable distance 283
of same. No child entitled to transportation shall be required to 284
walk a greater distance than one (1) mile to reach the vehicle of 285
transportation in the morning or to reach his or her home in the 286
afternoon. 287
(2) The State Department of Education shall develop guidance 288
for school districts to use in assessing and optimizing bus routes 289
with the goal of improving transportation services and reducing 290
costs. 291
SECTION 9. Section 37-151-211, Mississippi Code of 1972, is 292
amended as follows: 293
37-151-211. (1) (a) Before February 1 of each year, the 294
tax assessor of each county shall file reports with the State 295
Department of Education which provide information essential to the 296
department in determining the local contribution that each school 297
district or charter school is required to provide toward the cost 298
of local school funding. A separate report must be filed for each 299
school district or part of a school district situated in the 300
county and must include the following information: 301
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(i) The total assessed valuation of nonexempt 302
property for school purposes in each school district; 303
(ii) Assessed value of exempt property owned by 304
homeowners aged sixty-five (65) or older or disabled, as defined 305
in Section 27-33-67(2); 306
(iii) The school district's tax loss from 307
exemptions provided to applicants under the age of sixty-five (65) 308
and not disabled, as defined in Section 27-33-67(1); and 309
(iv) The school district's homestead reimbursement 310
revenues. 311
(b) The State Department of Education shall prepare and 312
make available to the tax assessor of each county a form for the 313
reports required under paragraph (a) of this subsection (1)(a). 314
(2) (a) The department shall use the information submitted 315
pursuant to subsection (1) to calculate and certify to each school 316
district the millage required to raise its minimum local tax 317
effort, which must be the value of not less than twenty-eight (28) 318
mills for the then current fiscal year or a millage rate 319
equivalent to twenty-seven percent (27%) of the total funding 320
formula funds for the school district, any charter schools, and 321
any Mississippi Achievement School District Schools located in its 322
boundaries, whichever is a lesser amount as certified to the 323
school district by the department, upon all of the taxable 324
property of the school district, including the following sources: 325
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(i) One hundred percent (100%) of Grand Gulf 326
income, as prescribed in Section 27-35-309; and 327
(ii) One hundred percent (100%) of any fees in 328
lieu of taxes, as prescribed in Section 27-31-104, in accordance 329
with Section 37-57-1. 330
(b) The department shall determine the local 331
contribution of each school district or charter school based on 332
the minimum local tax effort, as determined under paragraph (a), 333
and shall certify this required local contribution to each school 334
district or charter school, as follows: 335
(i) For school districts in which there are no 336
charter schools, the minimum local tax effort is the required 337
local contribution for the school district. 338
(ii) For school districts in which there is 339
located one or more charter schools, the local contribution of the 340
school district is the product of multiplying the local pro rata 341
amount by the net enrollment of the school district. The 342
department will calculate the local pro rata amount by dividing 343
the school district's minimum local tax effort by the sum of the 344
net enrollment of the school district * * * and the * * * net 345
enrollment of charter school students * * * who reside or are 346
estimated to reside in the district * * *. The department shall 347
calculate net enrollment under this paragraph (b) based on each 348
school district's and each charter school's actual enrollment for 349
months two (2) and three (3) of the school year for which the 350
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local ad valorem funds are being distributed. These net 351
enrollment figures shall be used solely for determining the local 352
pro rata amount and the local contribution under this paragraph 353
(b), and shall not modify, replace or affect any enrollment, 354
average daily membership, or projected enrollment calculation used 355
for the Mississippi Student Funding Formula (MSFF) or for any 356
other funding calculation under this chapter. 357
(iii) For each charter school, the local 358
contribution is the sum of the local pro rata amount for each 359
charter school student, as determined by Section 37-151-207, based 360
on each student's district of residence. The department will 361
calculate a local pro rata amount for each school district in 362
which a student * * * attending the charter school resides or is 363
estimated to reside using the methodology in subparagraph (ii) of 364
this paragraph (b). 365
(iv) In the case of an agricultural high school, 366
the local contribution is based on an equitable amount per pupil, 367
as determined by the State Board of Education. The State Board of 368
Education shall set the millage requirement to generate such an 369
amount and will certify this amount and millage requirement to 370
agricultural high schools in the same manner as for all other 371
school districts under this subsection. 372
(3) Except as otherwise provided in Section 37-151-213(1), 373
the required state share in support of each school district and 374
charter school is determined by subtracting the required local 375
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contribution, which total amount may not exceed twenty-seven 376
percent (27%) of the total projected funding formula cost, from 377
the total projected funding formula cost, as determined under 378
Sections 37-151-200 through 37-151-215, for the school district or 379
charter school. 380
(4) If the school board of any school district or charter 381
school governing board determines that it is not economically 382
feasible or practicable to operate any school within the district 383
or charter school for the full one hundred eighty (180) days 384
required for the school term of a scholastic year under Section 385
37-13-63, due to an enemy attack, man-made, technological, or 386
natural disaster in which the Governor has declared a disaster 387
emergency under the laws of this state or the President of the 388
United States has declared an emergency or major disaster to exist 389
in this state, the school board or charter school governing board 390
may notify the State Department of Education of the disaster and 391
submit a plan for altering the school term. If the State Board of 392
Education finds the disaster to be the cause of the school not 393
operating for the contemplated school term and that the school is 394
located in a school district covered by the Governor's or 395
President's disaster declaration, the board may permit the schools 396
located in that district to be operated for less than one hundred 397
eighty (180) days and, in such case, the State Department of 398
Education may not reduce the state share in support of the funding 399
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formula for that district or charter school because of the failure 400
to operate those schools for one hundred eighty (180) days. 401
SECTION 10. Section 5-3-61, Mississippi Code of 1972, is 402
brought forward as follows: 403
5-3-61. The committee shall issue performance evaluation 404
reports and expenditure review reports, favorable or unfavorable, 405
of any agency examined, and such reports shall be a public record. 406
A copy of the report, signed by the chairman of the committee, 407
including committee recommendations, shall be submitted to the 408
governor, to each member of the legislature, and to the official, 409
officer, or person in charge of the agency examined. 410
SECTION 11. Nothing in this act shall affect or defeat any 411
claim, assessment, appeal, suit, right or cause of action for 412
taxes due or accrued under the ad valorem tax laws before the date 413
on which the applicable sections of this act become effective, 414
whether such claims, assessments, appeals, suits or actions have 415
been begun before the date on which the applicable sections of 416
this act become effective or are begun thereafter; and the 417
provisions of the ad valorem tax laws are expressly continued in 418
full force, effect and operation for the purpose of the 419
assessment, collection and enrollment of liens for any taxes due 420
or accrued and the execution of any warrant under such laws before 421
the date on which the applicable sections of this act become 422
effective, and for the imposition of any penalties, forfeitures or 423
claims for failure to comply with such laws. 424
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ST: Efficiency and transparency; revise certain
laws to increase in education programs.
SECTION 12. Section 5 of this act shall take effect from and 425
after its passage. The remaining sections of this act shall take 426
effect and be in force from and after July 1, 2026. 427