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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Owen, McLean, Hale

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1589

AN ACT TO AMEND SECTIONS 37-9-111 AND 37-3-2, MISSISSIPPI 1
CODE OF 1972, TO PROHIBIT LOCAL SCHOOL BOARDS, UPON MAKING A 2
DETERMINATION THAT A SCHOOL EMPLOYEE HAS BEEN SEXUALLY INVOLVED 3
WITH A STUDENT, FROM ACCEPTING THE EMPLOYEES RESIGNATION IN LIEU 4
OF TERMINATING SAID EMPLOYEE; TO REQUIRE THE SCHOOL BOARD TO 5
REPORT SUCH VIOLATION TO THE COMMISSION ON TEACHER AND 6
ADMINISTRATOR EDUCATION, CERTIFICATION AND LICENSURE AND 7
DEVELOPMENT AND TO THE APPROPRIATE LAW ENFORCEMENT AGENCY AS 8
REQUIRED BY LAW; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 37-9-111, Mississippi Code of 1972, is 11
amended as follows: 12
37-9-111. (1) The school board, or its designee, upon 13
request for a hearing from an employee under the terms of Sections 14
37-9-101 through 37-9-113, shall set the time, place and date of 15
such hearing and notify the employee in writing of same. The date 16
shall be set not sooner than five (5) days nor later than thirty 17
(30) days from the date of the request, unless otherwise agreed. 18
The hearing may be held before the board or before a hearing 19
officer appointed for such purpose by the board, either from among 20
its own membership, from the staff of the school district or some 21
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other qualified and impartial person, but in no event shall the 22
hearing officer be the staff member responsible for the initial 23
recommendation of nonreemployment. No hearing officer may have an 24
interest in the outcome of a hearing, nor may a hearing officer be 25
related to a board member, any administrator making the 26
recommendations of nonreemployment or the employee. Once a 27
hearing officer is appointed, no ex parte communications may be 28
made regarding any substantive provisions of the hearing. 29
(2) The hearing must be held in executive session unless the 30
employee elects to have a public hearing. If an employee makes 31
this election, however, the board or the hearing officer, as the 32
case may be, may order any part of the hearing to be held in 33
executive session, if, in the opinion of the board or the hearing 34
officer, the testimony to be elicited deals with matters involving 35
the reputation or character of another person. Notwithstanding 36
the election by an employee for a public hearing, any testimony by 37
minor witnesses must be held in executive session and considered 38
confidential personnel records and confidential student records, 39
subject to an expectation of reasonable privacy and 40
confidentiality. Public disclosure of these records may be by 41
court order only. 42
(3) The district shall present evidence, either in written 43
or oral form, at the hearing in support of its recommendation for 44
nonreemployment. 45
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The employee shall be afforded an opportunity to present 46
matters at the hearing relevant to the reasons given for the 47
proposed nonreemployment determination and to the reasons the 48
employee alleges to be the reasons for nonreemployment and to be 49
represented by counsel at such a hearing. Such hearing shall be 50
conducted in such a manner as to afford the parties a fair and 51
reasonable opportunity to present witnesses and other evidence 52
pertinent to the issues and to cross-examine witnesses presented 53
at the hearing. The board or the hearing officer may require any 54
portion of the evidence to be submitted in the form of depositions 55
or affidavits, and in case affidavits are received, an opportunity 56
to present counter-affidavits shall be provided. 57
(4) The board shall cause to be made stenographic notes of 58
the proceedings. In the event of a judicial appeal of the board's 59
decision, the entire expense of the transcript and notes shall be 60
assessed as court costs. 61
(5) The board shall review the matters presented before it, 62
or, if the hearing is conducted by a hearing officer, the report 63
of the hearing officer, if any, the record of the proceedings and, 64
based solely thereon, conclude whether the proposed 65
nonreemployment is a proper employment decision, is based upon a 66
valid educational reason or noncompliance with school district 67
personnel policies and is based solely upon the evidence presented 68
at the hearing, and shall notify the employee in writing of its 69
final decision and reasons therefor. Such notification shall be 70
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within thirty (30) days of the conclusion of the hearing if the 71
hearing is conducted by a hearing officer and within ten (10) days 72
of the conclusion of the hearing if the hearing is initially 73
conducted by the board. If the matter is heard before a hearing 74
officer, the board shall also grant the employee the opportunity 75
to appear before the board to present a statement in his own 76
behalf, either in person or by his attorney, prior to a final 77
decision by the board. 78
(6) In conducting a hearing, the board or hearing officer 79
shall not be bound by common law or by statutory rules of evidence 80
or by technical or formal rules of procedure except as provided in 81
Sections 37-9-101 through 37-9-113, but may conduct such hearing 82
in such manner as best to ascertain the rights of the parties; 83
however, hearsay evidence, if admitted, shall not be the sole 84
basis for the determination of facts by the board or hearing 85
officer. 86
(7) (a) In the event the decision of the school board is in 87
favor of the employee, the board shall have the authority to order 88
the execution of a contract with the employee for an additional 89
period of one (1) year. 90
(b) In the event the decision of the school board is 91
not favorable to the employee and the employee has been accused of 92
engaging in sexual relations with a student, the employee shall be 93
terminated. When the board's decision is unfavorable due to 94
sexual relations with a student, the school board shall be 95
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prohibited from accepting the employee's resignation in lieu of 96
termination, and shall report the offense and termination of said 97
employee to the Commission on Teacher and Administrator Education, 98
Certification and Licensure and Development and the appropriate 99
law enforcement authority in accordance with Section 97-5-24. 100
Failure to make such report shall subject the school board and 101
school superintendent to the penalties provided under Section 102
37-11-35. 103
(8) For purposes of conducting hearings under Sections 104
37-9-101 through 37-9-113, the board or hearing officer shall have 105
the authority to issue subpoenas for witnesses and to compel their 106
attendance and the giving of evidence. Any expense connected 107
therewith shall be borne by the party requesting the subpoenas, 108
which shall include an appearance fee for each witness so 109
subpoenaed not inconsistent with state laws governing payments to 110
witnesses. In the event it is necessary to enforce or to quash a 111
subpoena issued to compel the attendance of a witness, application 112
shall be made with the chancery court of the county where the 113
school board is located. 114
(9) This section shall not be applicable to a superintendent 115
whose employment has been terminated by the school board under 116
Section 37-9-59, or whose employment contract has not been renewed 117
by the school board. 118
SECTION 2. Section 37-3-2, Mississippi Code of 1972, is 119
amended as follows: 120
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37-3-2. (1) There is established within the State 121
Department of Education the Commission on Teacher and 122
Administrator Education, Certification and Licensure and 123
Development. It shall be the purpose and duty of the commission 124
to make recommendations to the State Board of Education regarding 125
standards for the certification and licensure and continuing 126
professional development of those who teach or perform tasks of an 127
educational nature in the public schools of Mississippi. 128
(2) (a) The commission shall be composed of fifteen (15) 129
qualified members. The membership of the commission shall be 130
composed of the following members to be appointed, three (3) from 131
each of the four (4) congressional districts, as such districts 132
existed on January 1, 2011, in accordance with the population 133
calculations determined by the 2010 federal decennial census, 134
including: four (4) classroom teachers; three (3) school 135
administrators; one (1) representative of schools of education of 136
public institutions of higher learning located within the state to 137
be recommended by the Board of Trustees of State Institutions of 138
Higher Learning; one (1) representative from the schools of 139
education of independent institutions of higher learning to be 140
recommended by the Board of the Mississippi Association of 141
Independent Colleges; one (1) representative from public community 142
and junior colleges located within the state to be recommended by 143
the Mississippi Community College Board; one (1) local school 144
board member; and four (4) laypersons. Three (3) members of the 145
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commission, at the sole discretion of the State Board of 146
Education, shall be appointed from the state at large. 147
(b) All appointments shall be made by the State Board 148
of Education after consultation with the State Superintendent of 149
Public Education. The first appointments by the State Board of 150
Education shall be made as follows: five (5) members shall be 151
appointed for a term of one (1) year; five (5) members shall be 152
appointed for a term of two (2) years; and five (5) members shall 153
be appointed for a term of three (3) years. Thereafter, all 154
members shall be appointed for a term of four (4) years. 155
(3) The State Board of Education when making appointments 156
shall designate a chairman. The commission shall meet at least 157
once every two (2) months or more often if needed. Members of the 158
commission shall be compensated at a rate of per diem as 159
authorized by Section 25-3-69 and be reimbursed for actual and 160
necessary expenses as authorized by Section 25-3-41. 161
(4) (a) An appropriate staff member of the State Department 162
of Education shall be designated and assigned by the State 163
Superintendent of Public Education to serve as executive secretary 164
and coordinator for the commission. No less than two (2) other 165
appropriate staff members of the State Department of Education 166
shall be designated and assigned by the State Superintendent of 167
Public Education to serve on the staff of the commission. 168
(b) An Office of Educator Misconduct Evaluations shall 169
be established within the State Department of Education to assist 170
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the commission in responding to infractions and violations, and in 171
conducting hearings and enforcing the provisions of subsections 172
(11), (12), (13), (14) and (15) of this section, and violations of 173
the Mississippi Educator Code of Ethics. 174
(5) It shall be the duty of the commission to: 175
(a) Set standards and criteria, subject to the approval 176
of the State Board of Education, for all educator preparation 177
programs in the state; 178
(b) Recommend to the State Board of Education each year 179
approval or disapproval of each educator preparation program in 180
the state, subject to a process and schedule determined by the 181
State Board of Education; 182
(c) Establish, subject to the approval of the State 183
Board of Education, standards for initial teacher certification 184
and licensure in all fields; 185
(d) Establish, subject to the approval of the State 186
Board of Education, standards for the renewal of teacher licenses 187
in all fields; 188
(e) Review and evaluate objective measures of teacher 189
performance, such as test scores, which may form part of the 190
licensure process, and to make recommendations for their use; 191
(f) Review all existing requirements for certification 192
and licensure; 193
(g) Consult with groups whose work may be affected by 194
the commission's decisions; 195
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(h) Prepare reports from time to time on current 196
practices and issues in the general area of teacher education and 197
certification and licensure; 198
(i) Hold hearings concerning standards for teachers' 199
and administrators' education and certification and licensure with 200
approval of the State Board of Education; 201
(j) Hire expert consultants with approval of the State 202
Board of Education; 203
(k) Set up ad hoc committees to advise on specific 204
areas; 205
(l) Perform such other functions as may fall within 206
their general charge and which may be delegated to them by the 207
State Board of Education; and 208
(m) Establish standards, subject to the approval of the 209
State Board of Education, for supplemental endorsements, provided 210
that the standards allow teachers as many options as possible to 211
receive a supplemental endorsement, including, but not limited to, 212
the option of taking additional coursework or earning at least the 213
minimum qualifying score or higher on the required licensure 214
subject assessment relevant to the endorsement area for which the 215
licensure is sought. The subject assessment option shall not 216
apply to certain subject areas, including, but not limited to, 217
Early/Primary Education PreK-3, Elementary Education, or Special 218
Education, except by special approval by the State Board of 219
Education. 220
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(6) (a) Standard License - Approved Program Route. An 221
educator entering the school system of Mississippi for the first 222
time and meeting all requirements as established by the State 223
Board of Education shall be granted a standard five-year license. 224
Persons who possess two (2) years of classroom experience as an 225
assistant teacher or who have taught for one (1) year in an 226
accredited public or private school shall be allowed to fulfill 227
student teaching requirements under the supervision of a qualified 228
participating teacher approved by an accredited college of 229
education. The local school district in which the assistant 230
teacher is employed shall compensate such assistant teachers at 231
the required salary level during the period of time such 232
individual is completing student teaching requirements. 233
Applicants for a standard license shall submit to the department: 234
(i) An application on a department form; 235
(ii) An official transcript of completion of a 236
teacher education program approved by the department or a 237
nationally accredited program, subject to the following: 238
Licensure to teach in Mississippi prekindergarten through 239
kindergarten classrooms shall require completion of a teacher 240
education program or a Bachelor of Science degree with child 241
development emphasis from a program accredited by the American 242
Association of Family and Consumer Sciences (AAFCS) or by the 243
National Association for Education of Young Children (NAEYC) or by 244
the National Council for Accreditation of Teacher Education 245
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(NCATE). Licensure to teach in Mississippi kindergarten, for 246
those applicants who have completed a teacher education program, 247
and in Grade 1 through Grade 4 shall require the completion of an 248
interdisciplinary program of studies. Licenses for Grades 4 249
through 8 shall require the completion of an interdisciplinary 250
program of studies with two (2) or more areas of concentration. 251
Licensure to teach in Mississippi Grades 7 through 12 shall 252
require a major in an academic field other than education, or a 253
combination of disciplines other than education. Students 254
preparing to teach a subject shall complete a major in the 255
respective subject discipline. All applicants for standard 256
licensure shall demonstrate that such person's college preparation 257
in those fields was in accordance with the standards set forth by 258
the National Council for Accreditation of Teacher Education 259
(NCATE) or the National Association of State Directors of Teacher 260
Education and Certification (NASDTEC) or, for those applicants who 261
have a Bachelor of Science degree with child development emphasis, 262
the American Association of Family and Consumer Sciences (AAFCS). 263
Effective July 1, 2016, for initial elementary education 264
licensure, a teacher candidate must earn a passing score on a 265
rigorous test of scientifically research-based reading instruction 266
and intervention and data-based decision-making principles as 267
approved by the State Board of Education; 268
(iii) A copy of test scores evidencing 269
satisfactory completion of nationally administered examinations of 270
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achievement, such as the Educational Testing Service's teacher 271
testing examinations; 272
(iv) Any other document required by the State 273
Board of Education; and 274
(v) From and after July 1, 2020, no teacher 275
candidate shall be licensed to teach in Mississippi who did not 276
meet the following criteria for entrance into an approved teacher 277
education program: 278
1. An ACT Score of twenty-one (21) (or SAT 279
equivalent); or 280
2. Achieve a qualifying passing score on the 281
Praxis Core Academic Skills for Educators examination as 282
established by the State Board of Education; or 283
3. A minimum GPA of 3.0 on coursework prior 284
to admission to an approved teacher education program. 285
(b) (i) Standard License - Nontraditional Teaching 286
Route. From and after July 1, 2020, no teacher candidate shall be 287
licensed to teach in Mississippi under the alternate route who did 288
not meet the following criteria: 289
1. An ACT Score of twenty-one (21) (or SAT 290
equivalent); or 291
2. Achieve a qualifying passing score on the 292
Praxis Core Academic Skills for Educators examination as 293
established by the State Board of Education; or 294
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3. A minimum GPA of 3.0 on coursework prior 295
to admission to an approved teacher education program. 296
(ii) Beginning July 1, 2020, an individual who has 297
attained a passing score on the Praxis Core Academic Skills for 298
Educators or an ACT Score of twenty-one (21) (or SAT equivalent) 299
or a minimum GPA of 3.0 on coursework prior to admission to an 300
approved teacher education program and a passing score on the 301
Praxis Subject Assessment in the requested area of endorsement may 302
apply for admission to the Teach Mississippi Institute (TMI) 303
program to teach students in Grades 7 through 12 if the individual 304
meets the requirements of this paragraph (b). The State Board of 305
Education shall adopt rules requiring that teacher preparation 306
institutions which provide the Teach Mississippi Institute (TMI) 307
program for the preparation of nontraditional teachers shall meet 308
the standards and comply with the provisions of this paragraph. 309
1. The Teach Mississippi Institute (TMI) 310
shall include an intensive eight-week, nine-semester-hour summer 311
program or a curriculum of study in which the student matriculates 312
in the fall or spring semester, which shall include, but not be 313
limited to, instruction in education, effective teaching 314
strategies, classroom management, state curriculum requirements, 315
planning and instruction, instructional methods and pedagogy, 316
using test results to improve instruction, and a one (1) semester 317
three-hour supervised internship to be completed while the teacher 318
is employed as a full-time teacher intern in a local school 319
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district. The TMI shall be implemented on a pilot program basis, 320
with courses to be offered at up to four (4) locations in the 321
state, with one (1) TMI site to be located in each of the three 322
(3) Mississippi Supreme Court districts. 323
2. The school sponsoring the teacher intern 324
shall enter into a written agreement with the institution 325
providing the Teach Mississippi Institute (TMI) program, under 326
terms and conditions as agreed upon by the contracting parties, 327
providing that the school district shall provide teacher interns 328
seeking a nontraditional provisional teaching license with a 329
one-year classroom teaching experience. The teacher intern shall 330
successfully complete the one (1) semester three-hour intensive 331
internship in the school district during the semester immediately 332
following successful completion of the TMI and prior to the end of 333
the one-year classroom teaching experience. 334
3. Upon completion of the nine-semester-hour 335
TMI or the fall or spring semester option, the individual shall 336
submit his transcript to the commission for provisional licensure 337
of the intern teacher, and the intern teacher shall be issued a 338
provisional teaching license by the commission, which will allow 339
the individual to legally serve as a teacher while the person 340
completes a nontraditional teacher preparation internship program. 341
4. During the semester of internship in the 342
school district, the teacher preparation institution shall monitor 343
the performance of the intern teacher. The school district that 344
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employs the provisional teacher shall supervise the provisional 345
teacher during the teacher's intern year of employment under a 346
nontraditional provisional license, and shall, in consultation 347
with the teacher intern's mentor at the school district of 348
employment, submit to the commission a comprehensive evaluation of 349
the teacher's performance sixty (60) days prior to the expiration 350
of the nontraditional provisional license. If the comprehensive 351
evaluation establishes that the provisional teacher intern's 352
performance fails to meet the standards of the approved 353
nontraditional teacher preparation internship program, the 354
individual shall not be approved for a standard license. 355
5. An individual issued a provisional 356
teaching license under this nontraditional route shall 357
successfully complete, at a minimum, a one-year beginning teacher 358
mentoring and induction program administered by the employing 359
school district with the assistance of the State Department of 360
Education. 361
6. Upon successful completion of the TMI and 362
the internship provisional license period, applicants for a 363
Standard License - Nontraditional Route shall submit to the 364
commission a transcript of successful completion of the twelve 365
(12) semester hours required in the internship program, and the 366
employing school district shall submit to the commission a 367
recommendation for standard licensure of the intern. If the 368
school district recommends licensure, the applicant shall be 369
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issued a Standard License - Nontraditional Route which shall be 370
valid for a five-year period and be renewable. 371
7. At the discretion of the teacher 372
preparation institution, the individual shall be allowed to credit 373
the twelve (12) semester hours earned in the nontraditional 374
teacher internship program toward the graduate hours required for 375
a Master of Arts in Teacher (MAT) Degree. 376
8. The local school district in which the 377
nontraditional teacher intern or provisional licensee is employed 378
shall compensate such teacher interns at Step 1 of the required 379
salary level during the period of time such individual is 380
completing teacher internship requirements and shall compensate 381
such Standard License - Nontraditional Route teachers at Step 3 of 382
the required salary level when they complete license requirements. 383
(iii) Implementation of the TMI program provided 384
for under this paragraph (b) shall be contingent upon the 385
availability of funds appropriated specifically for such purpose 386
by the Legislature. Such implementation of the TMI program may 387
not be deemed to prohibit the State Board of Education from 388
developing and implementing additional alternative route teacher 389
licensure programs, as deemed appropriate by the board. The 390
emergency certification program in effect prior to July 1, 2002, 391
shall remain in effect. 392
(iv) A Standard License - Approved Program Route 393
shall be issued for a five-year period, and may be renewed. 394
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Recognizing teaching as a profession, a hiring preference shall be 395
granted to persons holding a Standard License - Approved Program 396
Route or Standard License - Nontraditional Teaching Route over 397
persons holding any other license. 398
(c) Special License - Expert Citizen. In order to 399
allow a school district to offer specialized or technical courses, 400
the State Department of Education, in accordance with rules and 401
regulations established by the State Board of Education, may grant 402
a five-year expert citizen-teacher license to local business or 403
other professional personnel to teach in a public school or 404
nonpublic school accredited or approved by the state. Such person 405
shall be required to have a high school diploma, an 406
industry-recognized certification related to the subject area in 407
which they are teaching and a minimum of five (5) years of 408
relevant experience but shall not be required to hold an associate 409
or bachelor's degree, provided that he or she possesses the 410
minimum qualifications required for his or her profession, and may 411
begin teaching upon his employment by the local school board and 412
licensure by the Mississippi Department of Education. If a school 413
board hires a career technical education pathway instructor who 414
does not have an industry certification in his or her area of 415
expertise but does have the required experience, the school board 416
shall spread their decision on the minutes at their next meeting 417
and provide a detailed explanation for why they hired the 418
instructor. Such instructor shall present the minutes of the 419
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school board to the State Department of Education when he or she 420
applies for an expert citizen license. The board shall adopt 421
rules and regulations to administer the expert citizen-teacher 422
license. A Special License - Expert Citizen may be renewed in 423
accordance with the established rules and regulations of the State 424
Department of Education. 425
(d) Special License - Nonrenewable. The State Board of 426
Education is authorized to establish rules and regulations to 427
allow those educators not meeting requirements in paragraph (a), 428
(b) or (c) of this subsection (6) to be licensed for a period of 429
not more than three (3) years, except by special approval of the 430
State Board of Education. 431
(e) Nonlicensed Teaching Personnel. A nonlicensed 432
person may teach for a maximum of three (3) periods per teaching 433
day in a public school district or a nonpublic school 434
accredited/approved by the state. Such person shall submit to the 435
department a transcript or record of his education and experience 436
which substantiates his preparation for the subject to be taught 437
and shall meet other qualifications specified by the commission 438
and approved by the State Board of Education. In no case shall 439
any local school board hire nonlicensed personnel as authorized 440
under this paragraph in excess of five percent (5%) of the total 441
number of licensed personnel in any single school. 442
(f) Special License - Transitional Bilingual Education. 443
Beginning July 1, 2003, the commission shall grant special 444
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licenses to teachers of transitional bilingual education who 445
possess such qualifications as are prescribed in this section. 446
Teachers of transitional bilingual education shall be compensated 447
by local school boards at not less than one (1) step on the 448
regular salary schedule applicable to permanent teachers licensed 449
under this section. The commission shall grant special licenses 450
to teachers of transitional bilingual education who present the 451
commission with satisfactory evidence that they (i) possess a 452
speaking and reading ability in a language, other than English, in 453
which bilingual education is offered and communicative skills in 454
English; (ii) are in good health and sound moral character; (iii) 455
possess a bachelor's degree or an associate's degree in teacher 456
education from an accredited institution of higher education; (iv) 457
meet such requirements as to courses of study, semester hours 458
therein, experience and training as may be required by the 459
commission; and (v) are legally present in the United States and 460
possess legal authorization for employment. A teacher of 461
transitional bilingual education serving under a special license 462
shall be under an exemption from standard licensure if he achieves 463
the requisite qualifications therefor. Two (2) years of service 464
by a teacher of transitional bilingual education under such an 465
exemption shall be credited to the teacher in acquiring a Standard 466
Educator License. Nothing in this paragraph shall be deemed to 467
prohibit a local school board from employing a teacher licensed in 468
an appropriate field as approved by the State Department of 469
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Education to teach in a program in transitional bilingual 470
education. 471
(g) In the event any school district meets the highest 472
accreditation standards as defined by the State Board of Education 473
in the accountability system, the State Board of Education, in its 474
discretion, may exempt such school district from any restrictions 475
in paragraph (e) relating to the employment of nonlicensed 476
teaching personnel. 477
(h) Highly Qualified Teachers. Beginning July 1, 2006, 478
any teacher from any state meeting the federal definition of 479
highly qualified, as described in the No Child Left Behind Act, 480
must be granted a standard five-year license by the State 481
Department of Education. 482
(7) Administrator License. The State Board of Education is 483
authorized to establish rules and regulations and to administer 484
the licensure process of the school administrators in the State of 485
Mississippi. There will be four (4) categories of administrator 486
licensure with exceptions only through special approval of the 487
State Board of Education. 488
(a) Administrator License - Nonpracticing. Those 489
educators holding administrative endorsement but having no 490
administrative experience or not serving in an administrative 491
position on January 15, 1997. 492
(b) Administrator License - Entry Level. Those 493
educators holding administrative endorsement and having met the 494
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department's qualifications to be eligible for employment in a 495
Mississippi school district. Administrator License - Entry Level 496
shall be issued for a five-year period and shall be nonrenewable. 497
(c) Standard Administrator License - Career Level. An 498
administrator who has met all the requirements of the department 499
for standard administrator licensure. 500
(d) Administrator License - Nontraditional Route. The 501
board may establish a nontraditional route for licensing 502
administrative personnel. Such nontraditional route for 503
administrative licensure shall be available for persons holding, 504
but not limited to, a master of business administration degree, a 505
master of public administration degree, a master of public 506
planning and policy degree or a doctor of jurisprudence degree 507
from an accredited college or university, with five (5) years of 508
administrative or supervisory experience. Successful completion 509
of the requirements of alternate route licensure for 510
administrators shall qualify the person for a standard 511
administrator license. 512
Individuals seeking school administrator licensure under 513
paragraph (b), (c) or (d) shall successfully complete a training 514
program and an assessment process prescribed by the State Board of 515
Education. All applicants for school administrator licensure 516
shall meet all requirements prescribed by the department under 517
paragraph (b), (c) or (d), and the cost of the assessment process 518
required shall be paid by the applicant. 519
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(8) Reciprocity. The department shall grant a standard 520
five-year license to any individual who possesses a valid standard 521
license from another state, or another country or political 522
subdivision thereof, within a period of twenty-one (21) days from 523
the date of a completed application. The issuance of a license by 524
reciprocity to a military-trained applicant, military spouse or 525
person who establishes residence in this state shall be subject to 526
the provisions of Section 73-50-1 or 73-50-2, as applicable. 527
(9) Renewal and Reinstatement of Licenses. The State Board 528
of Education is authorized to establish rules and regulations for 529
the renewal and reinstatement of educator and administrator 530
licenses. Effective May 15, 1997, the valid standard license held 531
by an educator shall be extended five (5) years beyond the 532
expiration date of the license in order to afford the educator 533
adequate time to fulfill new renewal requirements established 534
pursuant to this subsection. An educator completing a master of 535
education, educational specialist or doctor of education degree in 536
May 1997 for the purpose of upgrading the educator's license to a 537
higher class shall be given this extension of five (5) years plus 538
five (5) additional years for completion of a higher degree. For 539
all license types with a current valid expiration date of June 30, 540
2021, the State Department of Education shall grant a one-year 541
extension to June 30, 2022. Beginning July 1, 2022, and 542
thereafter, applicants for licensure renewal shall meet all 543
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requirements in effect on the date that the complete application 544
is received by the State Department of Education. 545
(10) All controversies involving the issuance, revocation, 546
suspension or any change whatsoever in the licensure of an 547
educator required to hold a license shall be initially heard in a 548
hearing de novo, by the commission or by a subcommittee 549
established by the commission and composed of commission members, 550
or by a hearing officer retained and appointed by the commission, 551
for the purpose of holding hearings. Any complaint seeking the 552
denial of issuance, revocation or suspension of a license shall be 553
by sworn affidavit filed with the Commission on Teacher and 554
Administrator Education, Certification and Licensure and 555
Development. The decision thereon by the commission, its 556
subcommittee or hearing officer, shall be final, unless the 557
aggrieved party shall appeal to the State Board of Education, 558
within ten (10) days, of the decision of the commission, its 559
subcommittee or hearing officer. An appeal to the State Board of 560
Education shall be perfected upon filing a notice of the appeal 561
and by the prepayment of the costs of the preparation of the 562
record of proceedings by the commission, its subcommittee or 563
hearing officer. An appeal shall be on the record previously made 564
before the commission, its subcommittee or hearing officer, unless 565
otherwise provided by rules and regulations adopted by the board. 566
The decision of the commission, its subcommittee or hearing 567
officer shall not be disturbed on appeal if supported by 568
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substantial evidence, was not arbitrary or capricious, within the 569
authority of the commission, and did not violate some statutory or 570
constitutional right. The State Board of Education in its 571
authority may reverse, or remand with instructions, the decision 572
of the commission, its subcommittee or hearing officer. The 573
decision of the State Board of Education shall be final. 574
(11) (a) The State Board of Education, acting through the 575
commission, may deny an application for any teacher or 576
administrator license for one or more of the following: 577
(i) Lack of qualifications which are prescribed by 578
law or regulations adopted by the State Board of Education; 579
(ii) The applicant has a physical, emotional or 580
mental disability that renders the applicant unfit to perform the 581
duties authorized by the license, as certified by a licensed 582
psychologist or psychiatrist; 583
(iii) The applicant is actively addicted to or 584
actively dependent on alcohol or other habit-forming drugs or is a 585
habitual user of narcotics, barbiturates, amphetamines, 586
hallucinogens or other drugs having similar effect, at the time of 587
application for a license; 588
(iv) Fraud or deceit committed by the applicant in 589
securing or attempting to secure such certification and license; 590
(v) Failing or refusing to furnish reasonable 591
evidence of identification; 592
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(vi) The applicant has been convicted, has pled 593
guilty or entered a plea of nolo contendere to a felony, as 594
defined by federal or state law. For purposes of this 595
subparagraph (vi) of this paragraph (a), a "guilty plea" includes 596
a plea of guilty, entry of a plea of nolo contendere, or entry of 597
an order granting pretrial or judicial diversion; 598
(vii) The applicant or licensee is on probation or 599
post-release supervision for a felony or conviction, as defined by 600
federal or state law. However, this disqualification expires upon 601
the end of the probationary or post-release supervision period. 602
(b) The State Board of Education, acting through the 603
commission, shall deny an application for any teacher or 604
administrator license, or immediately revoke the current teacher 605
or administrator license, for one or more of the following: 606
(i) If the applicant or licensee has been 607
convicted, has pled guilty or entered a plea of nolo contendere to 608
a sex offense as defined by federal or state law. For purposes of 609
this subparagraph (i) of this paragraph (b), a "guilty plea" 610
includes a plea of guilty, entry of a plea of nolo contendere, or 611
entry of an order granting pretrial or judicial diversion; 612
(ii) The applicant or licensee is on probation or 613
post-release supervision for a sex offense conviction, as defined 614
by federal or state law; 615
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(iii) The license holder has fondled a student as 616
described in Section 97-5-23, or had any type of sexual 617
involvement with a student as described in Section 97-3-95; or 618
(iv) The license holder has failed to report 619
sexual involvement of a school employee with a student as required 620
by Section 97-5-24. 621
(d) In the event the decision of the school board is 622
not favorable to the employee and the employee has been accused of 623
engaging in sexual relations with a student, the employee shall be 624
terminated. When the board's decision is unfavorable due to 625
sexual relations with a student, the school board shall be 626
prohibited from accepting the employee's resignation in lieu of 627
termination, and shall report the offense and termination of said 628
employee to the Commission on Teacher and Administrator Education, 629
Certification and Licensure and Development and the appropriate 630
law enforcement authority in accordance with Section 97-5-24. 631
Failure to make such report shall subject the school board and 632
school superintendent to the penalties provided under Section 633
37-11-35. 634
(12) The State Board of Education, acting through the 635
commission, may revoke, suspend or refuse to renew any teacher or 636
administrator license for specified periods of time or may place 637
on probation, reprimand a licensee, or take other disciplinary 638
action with regard to any license issued under this chapter for 639
one or more of the following: 640
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(a) Breach of contract or abandonment of employment may 641
result in the suspension of the license for one (1) school year as 642
provided in Section 37-9-57; 643
(b) Obtaining a license by fraudulent means shall 644
result in immediate suspension and continued suspension for one 645
(1) year after correction is made; 646
(c) Suspension or revocation of a certificate or 647
license by another state shall result in immediate suspension or 648
revocation and shall continue until records in the prior state 649
have been cleared; 650
(d) The license holder has been convicted, has pled 651
guilty or entered a plea of nolo contendere to a felony, as 652
defined by federal or state law. For purposes of this paragraph, 653
a "guilty plea" includes a plea of guilty, entry of a plea of nolo 654
contendere, or entry of an order granting pretrial or judicial 655
diversion; 656
(e) The license holder knowingly and willfully 657
committing any of the acts affecting validity of mandatory uniform 658
test results as provided in Section 37-16-4(1); 659
(f) The license holder has engaged in unethical conduct 660
relating to an educator/student relationship as identified by the 661
State Board of Education in its rules; 662
(g) The license holder served as superintendent or 663
principal in a school district during the time preceding and/or 664
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that resulted in the Governor declaring a state of emergency and 665
the State Board of Education appointing a conservator; 666
(h) The license holder submitted a false certification 667
to the State Department of Education that a statewide test was 668
administered in strict accordance with the Requirements of the 669
Mississippi Statewide Assessment System; or 670
(i) The license holder has failed to comply with the 671
Procedures for Reporting Infractions as promulgated by the 672
commission and approved by the State Board of Education pursuant 673
to subsection (15) of this section. 674
For purposes of this subsection, probation shall be defined 675
as a length of time determined by the commission, its subcommittee 676
or hearing officer, and based on the severity of the offense in 677
which the license holder shall meet certain requirements as 678
prescribed by the commission, its subcommittee or hearing officer. 679
Failure to complete the requirements in the time specified shall 680
result in immediate suspension of the license for one (1) year. 681
(13) (a) Dismissal or suspension of a licensed employee by 682
a local school board pursuant to Section 37-9-59 may result in the 683
suspension or revocation of a license for a length of time which 684
shall be determined by the commission and based upon the severity 685
of the offense. 686
(b) Any offense committed or attempted in any other 687
state shall result in the same penalty as if committed or 688
attempted in this state. 689
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(c) A person may voluntarily surrender a license. The 690
surrender of such license may result in the commission 691
recommending any of the above penalties without the necessity of a 692
hearing. However, any such license which has voluntarily been 693
surrendered by a licensed employee may only be reinstated by a 694
majority vote of all members of the commission present at the 695
meeting called for such purpose. 696
(14) (a) A person whose license has been suspended or 697
surrendered on any grounds except criminal grounds may petition 698
for reinstatement of the license after one (1) year from the date 699
of suspension or surrender, or after one-half (1/2) of the 700
suspended or surrendered time has lapsed, whichever is greater. A 701
person whose license has been suspended or revoked on any grounds 702
or violations under subsection (12) of this section may be 703
reinstated automatically or approved for a reinstatement hearing, 704
upon submission of a written request to the commission. A license 705
suspended, revoked or surrendered on criminal grounds may be 706
reinstated upon petition to the commission filed after expiration 707
of the sentence and parole or probationary period imposed upon 708
conviction. A revoked, suspended or surrendered license may be 709
reinstated upon satisfactory showing of evidence of 710
rehabilitation. The commission shall require all who petition for 711
reinstatement to furnish evidence satisfactory to the commission 712
of good character, good mental, emotional and physical health and 713
such other evidence as the commission may deem necessary to 714
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establish the petitioner's rehabilitation and fitness to perform 715
the duties authorized by the license. 716
(b) A person whose license expires while under 717
investigation by the Office of Educator Misconduct for an alleged 718
violation may not be reinstated without a hearing before the 719
commission if required based on the results of the investigation. 720
(15) Reporting procedures and hearing procedures for dealing 721
with infractions under this section shall be promulgated by the 722
commission, subject to the approval of the State Board of 723
Education. The revocation or suspension of a license shall be 724
effected at the time indicated on the notice of suspension or 725
revocation. The commission shall immediately notify the 726
superintendent of the school district or school board where the 727
teacher or administrator is employed of any disciplinary action 728
and also notify the teacher or administrator of such revocation or 729
suspension and shall maintain records of action taken. The State 730
Board of Education may reverse or remand with instructions any 731
decision of the commission, its subcommittee or hearing officer 732
regarding a petition for reinstatement of a license, and any such 733
decision of the State Board of Education shall be final. 734
(16) An appeal from the action of the State Board of 735
Education in denying an application, revoking or suspending a 736
license or otherwise disciplining any person under the provisions 737
of this section shall be filed in the Chancery Court of the First 738
Judicial District of Hinds County, Mississippi, on the record 739
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made, including a verbatim transcript of the testimony at the 740
hearing. The appeal shall be filed within thirty (30) days after 741
notification of the action of the board is mailed or served and 742
the proceedings in chancery court shall be conducted as other 743
matters coming before the court. The appeal shall be perfected 744
upon filing notice of the appeal and by the prepayment of all 745
costs, including the cost of preparation of the record of the 746
proceedings by the State Board of Education, and the filing of a 747
bond in the sum of Two Hundred Dollars ($200.00) conditioned that 748
if the action of the board be affirmed by the chancery court, the 749
applicant or license holder shall pay the costs of the appeal and 750
the action of the chancery court. 751
(17) All such programs, rules, regulations, standards and 752
criteria recommended or authorized by the commission shall become 753
effective upon approval by the State Board of Education as 754
designated by appropriate orders entered upon the minutes thereof. 755
(18) The granting of a license shall not be deemed a 756
property right nor a guarantee of employment in any public school 757
district. A license is a privilege indicating minimal eligibility 758
for teaching in the public school districts of Mississippi. This 759
section shall in no way alter or abridge the authority of local 760
school districts to require greater qualifications or standards of 761
performance as a prerequisite of initial or continued employment 762
in such districts. 763
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(19) In addition to the reasons specified in subsections 764
(12) and (13) of this section, the board shall be authorized to 765
suspend the license of any licensee for being out of compliance 766
with an order for support, as defined in Section 93-11-153. The 767
procedure for suspension of a license for being out of compliance 768
with an order for support, and the procedure for the reissuance or 769
reinstatement of a license suspended for that purpose, and the 770
payment of any fees for the reissuance or reinstatement of a 771
license suspended for that purpose, shall be governed by Section 772
93-11-157 or 93-11-163, as the case may be. Actions taken by the 773
board in suspending a license when required by Section 93-11-157 774
or 93-11-163 are not actions from which an appeal may be taken 775
under this section. Any appeal of a license suspension that is 776
required by Section 93-11-157 or 93-11-163 shall be taken in 777
accordance with the appeal procedure specified in Section 778
93-11-157 or 93-11-163, as the case may be, rather than the 779
procedure specified in this section. If there is any conflict 780
between any provision of Section 93-11-157 or 93-11-163 and any 781
provision of this chapter, the provisions of Section 93-11-157 or 782
93-11-163, as the case may be, shall control. 783
(20) The Department of Education shall grant and renew all 784
licenses and certifications of teachers and administrators within 785
twenty-one (21) days from the date of a completed application if 786
the applicant has otherwise met all established requirements for 787
the license or certification. 788
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SECTION 3. This act shall take effect and be in force from 789
and after July 1, 2026. 790