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H. B. No. 2 *HR31/R1PH* ~ OFFICIAL ~ G1/2
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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives White, Owen
HOUSE BILL NO. 2
(As Passed the House)
AN ACT TO CREATE THE "MISSISSIPPI EDUCATION FREEDOM ACT"; TO 1
CREATE NEW SECTION 37-190-1, MISSISSIPPI CODE OF 1972, WHICH 2
ESTABLISHES THE NAME OF THE ACT; TO CREATE NEW SECTION 37-190-3, 3
MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE LEGISLATIVE FINDINGS 4
AND INTENT; TO CREATE NEW SECTION 37-190-5, MISSISSIPPI CODE OF 5
1972, TO PROVIDE TERMS AND DEFINITIONS USED IN THE ACT; TO CREATE 6
NEW SECTION 37-190-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 7
THE OFFICE OF THE STATE TREASURER SHALL ADMINISTER THE PROGRAM AS 8
THE FUND MANAGER; TO AUTHORIZE THE FUND MANAGER TO CONTRACT WITH 9
CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATION(S) (CEAO) AND TO 10
DELEGATE CERTAIN FUNCTIONS TO STATE AGENCIES, INCLUDING THE STATE 11
DEPARTMENT OF EDUCATION; TO PRESCRIBE THE POWERS AND DUTIES OF THE 12
FUND MANAGER, INCLUDING APPLICATION ADMINISTRATION, ELIGIBILITY 13
VERIFICATION, RESIDENCY AND INCOME VERIFICATION, ACCOUNT 14
ESTABLISHMENT AND PAYMENT PROCESSES, PRIORITIZATION AND LOTTERY 15
ADMINISTRATION, AUDIT AND COMPLIANCE ENFORCEMENT, REPORTING AND 16
RULEMAKING AUTHORITY; TO DEFINE AND REGULATE CERTIFIED EDUCATIONAL 17
ASSISTANCE ORGANIZATION(S) (CEAO), INCLUDING PERMITTED 18
ADMINISTRATIVE RETENTION; TO AUTHORIZE FEDERAL VERIFICATION OF 19
IMMIGRATION STATUS FOR LAWFUL PRESENCE PURPOSES; TO PROVIDE A 20
ONE-YEAR EXEMPTION FROM CERTAIN STATE PERSONNEL BOARD RULES FOR 21
PROGRAM IMPLEMENTATION STAFFING; TO PROVIDE THAT THE FUND MANAGER 22
SHALL NOT REGULATE CURRICULUM, INSTRUCTIONAL METHODS, ADMISSIONS, 23
HIRING PRACTICES OR RELIGIOUS INSTRUCTION, EXCEPT AS EXPRESSLY 24
AUTHORIZED; TO CREATE NEW SECTION 37-190-9, MISSISSIPPI CODE OF 25
1972, TO ESTABLISH MAGNOLIA STUDENT ACCOUNTS; TO PRESCRIBE 26
ELIGIBILITY, PARTICIPATION CATEGORIES, ANNUAL PARTICIPATION CAPS, 27
ELIGIBILITY POOLS WITH AUTOMATIC ROLLOVER BETWEEN POOLS, A 28
SEPARATE HOMESCHOOL CATEGORY; TO PROVIDE FOR THE CONTINUED 29
ELIGIBILITY FOR PARTICIPATING STUDENTS WHO REMAIN IN COMPLIANCE 30
WITHOUT REAPPLICATION; TO PROVIDE FOR INCOME-BASED PRIORITIZATION 31
USING AREA MEDIAN INCOME THRESHOLDS; TO PRESCRIBE LOTTERY 32
PROCEDURES WHEN DEMAND EXCEEDS SUPPLY, AND REAPPLICATION 33
REQUIREMENTS WHEN ACCOUNTS ARE UNAVAILABLE; TO CREATE NEW SECTION 34
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37-190-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE ANNUAL FUNDING 35
AMOUNTS FOR MAGNOLIA STUDENT ACCOUNTS BASED ON STUDENT CATEGORY; 36
TO PROVIDE HOUSEHOLD CAPS; TO AUTHORIZE CARRYFORWARD OF UNUSED 37
FUNDS; TO AUTHORIZE POSTSECONDARY USE AFTER GRADUATION OR 38
EQUIVALENCY; TO PROVIDE THAT MSA FUNDS ARE NOT TAXABLE INCOME AND 39
MAY NOT BE CLAIMED AS A TAX BENEFIT; TO CREATE NEW SECTION 40
37-190-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE EQUAL 41
OPPORTUNITY SCHOLARSHIP FOR STUDENTS WITH SPECIAL NEEDS PROGRAM 42
SHALL OPERATE AS A SEPARATE CATEGORICAL COMPONENT OF THE PROGRAM; 43
TO TRANSFER ADMINISTRATIVE OVERSIGHT OF THE EQUAL OPPORTUNITY 44
SCHOLARSHIP FOR STUDENTS WITH SPECIAL NEEDS PROGRAM FROM THE STATE 45
DEPARTMENT OF EDUCATION TO THE OFFICE OF THE STATE TREASURER 46
EFFECTIVE JULY 1, 2027, WHILE MAINTAINING GOVERNING LAW UNDER 47
PROVISIONS OF LAW CREATING THAT PROGRAM AND PROHIBITING 48
SIMULTANEOUS FUNDING UNDER MULTIPLE PROGRAM COMPONENTS; TO CREATE 49
NEW SECTION 37-190-15, MISSISSIPPI CODE OF 1972, TO REQUIRE ANNUAL 50
ASSESSMENTS FOR MSA PARTICIPANTS; TO AUTHORIZE ASSESSMENT OPTIONS 51
AND PARENT SELECTION; TO AUTHORIZE PAYMENT OF ASSESSMENT COSTS AS 52
AN ELIGIBLE EXPENSE; TO REQUIRE REPORTING OF RESULTS TO THE FUND 53
MANAGER; TO PROVIDE EXEMPTIONS FOR CERTAIN STUDENTS WITH 54
DISABILITIES AND FOR STUDENTS IN LEGITIMATE HOME INSTRUCTION 55
PROGRAMS; TO REQUIRE A STATEWIDE PROGRAM-LEVEL REPORT WITHOUT 56
IDENTIFIABLE STUDENT INFORMATION; TO CREATE NEW SECTION 37-190-17, 57
MISSISSIPPI CODE OF 1972, TO ESTABLISH APPROVAL REQUIREMENTS FOR 58
EDUCATION SERVICE PROVIDERS AND PARTICIPATING SCHOOLS, INCLUDING 59
HEALTH AND SAFETY COMPLIANCE AND NONDISCRIMINATION REQUIREMENTS; 60
TO PROVIDE GROUNDS AND PROCEDURES FOR SUSPENSION OR 61
DISQUALIFICATION FOR PARTICIPATION IN THE PROGRAM; TO PROVIDE 62
MAXIMUM FLEXIBILITY FOR PUBLIC SCHOOLS SERVING AS EDUCATION 63
SERVICE PROVIDERS; TO PROHIBIT STATE REGULATION OF CURRICULUM, 64
ADMISSIONS OR RELIGIOUS INSTRUCTION; TO CLARIFY THAT PARTICIPATION 65
DOES NOT CREATE STATE-ACTOR STATUS; TO CREATE NEW SECTION 66
37-190-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT MISUSE OF MSA 67
FUNDS; TO AUTHORIZE ACCOUNT SUSPENSION AND CLOSURE, REPAYMENT AND 68
REFERRAL FOR ENFORCEMENT; TO PROVIDE NOTICE AND AN OPPORTUNITY TO 69
RESPOND BEFORE PERMANENT CLOSURE OF MSAS; TO PROVIDE FOR REVERSION 70
OF REMAINING FUNDS TO THE EDUCATION FREEDOM FUND; TO PRESERVE 71
STUDENT ATHLETIC ELIGIBILITY; TO CREATE NEW SECTION 37-190-21, 72
MISSISSIPPI CODE OF 1972, TO AUTHORIZE POSTSECONDARY EDUCATION AND 73
INDUSTRY CREDENTIAL EXPENSES PAYABLE FROM REMAINING MSA FUNDS; TO 74
PRESCRIBE ALLOWABLE EXPENSES, PAYMENT REQUIREMENTS AND TIME LIMITS 75
FOR WHICH REMAINING MSA MAY BE USED; TO CREATE NEW SECTION 76
37-190-23, MISSISSIPPI CODE OF 1972, TO CREATE THE EDUCATION 77
FREEDOM FUND IN THE STATE TREASURY AND PRESCRIBE ITS FUNDING 78
SOURCES, APPROPRIATION REQUIREMENTS, PERMISSIBLE USES FOR THE 79
PROGRAM'S CATEGORICAL COMPONENTS, REQUIRED ACCOUNTING AND 80
SUBACCOUNTING, AND NONLAPSING STATUS; TO AMEND SECTION 37-15-31, 81
MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT FOR THE SCHOOL 82
BOARD OF THE SCHOOL DISTRICT OF A CHILD'S RESIDENCE CONSENT TO THE 83
RELEASE OF THE STUDENT FOR TRANSFER TO ANOTHER SCHOOL DISTRICT; TO 84
ONLY REQUIRE THAT THE TRANSFEREE SCHOOL BOARD APPROVE OR REFUSE 85
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THE TRANSFER OF A STUDENT UPON RECEIVING NOTICE AND OFFICIAL 86
MEETING OF THE BOARD TO ACT ON SUCH TRANSFER; TO AUTHORIZE THE 87
SIBLINGS OF A LAWFULLY TRANSFERRED STUDENT TO ENROLL IN THE 88
TRANSFEREE SCHOOL DISTRICT AT THE DISCRETION OF THEIR PARENT(S) OR 89
LEGAL GUARDIAN(S); THAT A TRANSFER STUDENT'S ATHLETIC ELIGIBILITY 90
SHALL BE DETERMINED IN ACCORDANCE WITH RULES AND REGULATIONS 91
PROMULGATED BY MHSAA GOVERNING STUDENT ELIGIBILITY TO PROVIDE FOR 92
THE ALLOCATION AND DISBURSEMENT OF FUNDS TO A RECEIVING SCHOOL 93
DISTRICT UPON THE COMPLETION AND CERTIFICATION OF A STUDENT 94
TRANSFER REQUEST; TO STIPULATE THAT A SCHOOL OR DISTRICT MAY NOT 95
ACCEPT OR DENY STUDENTS FOR TRANSFER BASED ON THE STUDENT'S 96
ABILITY OR DISABILITY; TO REQUIRE SCHOOL DISTRICTS TO PUBLISH THE 97
NUMBER OF AVAILABLE SEATS OPEN TO TRANSFERS WITHIN THE DISTRICT 98
AND INDIVIDUALIZED BY SCHOOL FACILITY; TO REQUIRE THE DISTRICT TO 99
PUBLISH SUCH INFORMATION AT A REASONABLE TIME BEFORE THE START OF 100
THE SCHOOL YEAR; TO REQUIRE DISTRICTS TO ADOPT AND PUBLISH THE 101
PROCESSES USED TO CHOOSE STUDENTS FOR TRANSFER; TO REQUIRE THE 102
STATE DEPARTMENT OF EDUCATION TO COLLECT AND PUBLISH STUDENT 103
TRANSFER DATA, CATEGORIZED BY ACCEPTANCE, DENIALS AND REASONS FOR 104
DENIALS; TO PROVIDE THAT TRANSFER AUTHORITY OF A DISTRICT TO 105
RECEIVE OR DENY THE ACCEPTANCE OF A STUDENT REQUESTING TRANSFER 106
INTO THE DISTRICT SHALL NOT SUPERSEDE ANY PROVISION OF AN 107
ENFORCEABLE DESEGREGATION ORDER OR A COURT-APPROVED DESEGREGATION 108
PLAN; TO CREATE THE EDUCATION FREEDOM FUND AS A SPECIAL FUND IN 109
THE STATE TREASURY; TO PROVIDE THAT MONIES IN THE FUND SHALL BE 110
EXPENDED BY THE STATE DEPARTMENT OF EDUCATION, UPON APPROPRIATION 111
OF THE LEGISLATURE, FOR THE PURPOSE OF PAYING THE COST OF THE 112
STATE PORTION OF TOTAL FUNDING FORMULA BASE-STUDENT COST FOR THE 113
TRANSFERRING STUDENT AT THE TRANSFEREE DISTRICT'S RATE; TO 114
ESTABLISH THE "TIM TEBOW ACT"; TO DEFINE CERTAIN TERMS; TO 115
AUTHORIZE STUDENTS ENROLLED IN A HOMESCHOOL TO PARTICIPATE IN 116
PUBLIC SCHOOL INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES; TO 117
PRESCRIBE THE REQUIREMENTS FOR A STUDENT ENROLLED IN A HOMESCHOOL 118
TO PARTICIPATE IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES; TO 119
PROHIBIT DISCRIMINATION AGAINST HOMESCHOOL STUDENT SELECTION OR 120
PARTICIPATION IN SUCH ACTIVITIES; TO PROVIDE THAT PARTICIPATION IN 121
AN EXTRACURRICULAR ACTIVITY IS A PRIVILEGE AND NOT A RIGHT; TO 122
AMEND SECTION 37-28-5, MISSISSIPPI CODE OF 1972, TO REVISE 123
DEFINITIONS RELATED TO THE MISSISSIPPI CHARTER SCHOOL ACT OF 2013; 124
TO AMEND SECTION 37-28-7, MISSISSIPPI CODE OF 1972, TO ALLOW 125
APPLICATIONS TO BE APPROVED FOR CHARTER SCHOOLS IN ALL SCHOOL 126
DISTRICTS; TO AMEND SECTION 37-28-9, MISSISSIPPI CODE OF 1972, TO 127
AUTHORIZE THE CHARTER SCHOOL AUTHORIZER BOARD TO AMEND CHARTER 128
SCHOOL CONTRACTS IN ORDER TO APPROVE MERGERS, CONSOLIDATIONS AND 129
RECONFIGURATIONS AND CONTRACT REORGANIZATIONS WITHOUT CLOSING A 130
CHARTER SCHOOL; TO AMEND SECTION 37-28-11, MISSISSIPPI CODE OF 131
1972, TO PROHIBIT THE AUTHORIZER FROM RETAINING A PORTION OF 132
PER-PUPIL ALLOCATIONS FOR ITS SUPPORT AND PROVIDE THAT THE 133
LEGISLATURE MAY FUND THE AUTHORIZER THROUGH SPECIFIC 134
APPROPRIATION; TO AMEND SECTION 37-28-13, MISSISSIPPI CODE OF 135
1972, TO REQUIRE THE AUTHORIZER TO PUBLISH A PAMPHLET, BY AUGUST 1 136
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OF EACH YEAR, INFORMING CHARTER SCHOOLS AND CHARTER APPLICANTS OF 137
ALL EDUCATIONAL STATUTES APPLICABLE TO THE OPERATION AND 138
ADMINISTRATION OF CHARTER SCHOOLS; TO AMEND SECTION 37-28-15, 139
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHARTER SCHOOL 140
AUTHORIZER TO LIMIT THE INFORMATION INITIALLY SUBMITTED BY A 141
CHARTER SCHOOL APPLICANT TO THAT WHICH THE AUTHORIZER DEEMS 142
ESSENTIAL; TO AMEND SECTION 37-28-19, MISSISSIPPI CODE OF 1972, TO 143
AUTHORIZE CERTAIN APPLICANTS THAT ARE DENIED A CHARTER TO REMEDY 144
THE APPLICATION'S DEFICIENCIES AND REAPPLY BEFORE THE NEXT REGULAR 145
APPLICATION PROCESS; TO AMEND SECTION 37-28-21, MISSISSIPPI CODE 146
OF 1972, TO REQUIRE THE AUTHORIZER TO ALLOW A CHARTER MANAGEMENT 147
ORGANIZATION TO HOLD A SINGLE CONTRACT AND TO REORGANIZE UNDER A 148
SINGLE CONTRACT WITHOUT REAPPLYING FOR EACH SCHOOL; TO PROVIDE 149
THAT CHARTER SCHOOLS SHALL BE GRANTED A TWO-YEAR DELAY START DATE 150
FOR COMMENCEMENT OF INSTRUCTION OF STUDENTS; TO FURTHER PROVIDE 151
THAT IF THE CHARTER SCHOOL FAILS TO START AFTER TWO YEARS OF BEING 152
APPROVED, IT MUST REAPPLY FOR AUTHORIZATION TO OPEN A CHARTER 153
SCHOOL TO THE MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD; TO 154
AMEND SECTION 37-28-23, MISSISSIPPI CODE OF 1972, TO REVISE THE 155
MANNER IN WHICH A CHARTER SCHOOL'S UNDERSERVED POPULATION IS 156
COMPARED TO THAT OF THE LOCAL SCHOOL DISTRICT AND TO AUTHORIZE AN 157
ENROLLMENT PREFERENCE FOR CHILDREN TRANSFERRING TO A CHARTER 158
SCHOOL FROM ANOTHER SCHOOL WHOSE CONTRACT IS HELD BY THE SAME 159
GOVERNING BOARD; TO AMEND SECTION 37-28-29, MISSISSIPPI CODE OF 160
1972, TO REQUIRE ACHIEVEMENT GAPS COMPARISONS FOR PROFICIENCY 161
BETWEEN APPLICABLE SUBGROUPS; TO AMEND SECTION 37-28-31, 162
MISSISSIPPI CODE OF 1972, TO REQUIRE THE AUTHORIZER TO ANNUALLY 163
MONITOR THE PERFORMANCE AND LEGAL COMPLIANCE OF CHARTER SCHOOLS IT 164
HAS AUTHORIZED; TO ALLOW CHARTER SCHOOLS UNDER THE SAME CHARTER 165
CONTRACT TO SUBMIT A SINGLE ANNUAL PERFORMANCE REPORT; TO AMEND 166
SECTION 37-28-33, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CHARTER 167
SCHOOLS THAT RECEIVE A RENEWAL CONTRACT OF LESS THAN FIVE YEARS TO 168
APPEAL THE DECISION IN THE SAME MANNER THAT NONRENEWALS AND 169
REVOCATIONS ARE APPEALED; TO AMEND SECTION 37-28-35, MISSISSIPPI 170
CODE OF 1972, TO PRESCRIBE THE TIMELINE AND PROCEDURES TO BE 171
FOLLOWED BY THE AUTHORIZER IN ITS DECISION TO CLOSE A CHARTER 172
SCHOOL; TO AMEND SECTION 37-28-37, MISSISSIPPI CODE OF 1972, TO 173
STREAMLINE REPORTS FROM A CHARTER SCHOOL AUTHORIZER; TO AMEND 174
SECTION 37-28-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A 175
NONPROFIT ENTITY THAT IS PARTY TO A CHARTER CONTRACT, INCLUDING A 176
CHARTER MANAGEMENT ORGANIZATION, IS A NONGOVERNMENTAL ENTITY; TO 177
REQUIRE THE GOVERNING BOARD OF A NONPROFIT ENTITY HOLDING A 178
CHARTER CONTRACT FOR MULTIPLE SCHOOLS TO DETERMINE WHETHER EACH 179
SCHOOL LISTED IN THE CHARTER CONTRACT WILL FUNCTION AS A LOCAL 180
EDUCATION AGENCY OR IF THE NONPROFIT WILL FUNCTION AS SUCH FOR ALL 181
SCHOOLS INCLUDED IN ITS CHARTER CONTRACT; TO AMEND SECTION 182
37-28-41, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE NONPROFIT 183
ENTITY HOLDING A CHARTER CONTRACT TO CONTRACT FOR TRANSPORTATION 184
SERVICES, SPECIAL EDUCATION SERVICES AND VIRTUAL COURSES FOR 185
STUDENTS ENROLLED IN THE CHARTER SCHOOL UNDER ITS CONTRACT; TO 186
AMEND SECTION 37-28-43, MISSISSIPPI CODE OF 1972, TO REQUIRE 187
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CHARTER SCHOOLS TO PROVIDE APPROPRIATE SERVICES TO STUDENTS 188
DESIGNATED AS ENGLISH LANGUAGE LEARNERS WHO ARE ENROLLED IN ITS 189
SCHOOLS; TO AMEND SECTION 37-28-45, MISSISSIPPI CODE OF 1972, TO 190
REQUIRE CHARTER SCHOOLS TO RECEIVE PERFORMANCE CLASSIFICATIONS 191
FROM THE STATE DEPARTMENT OF EDUCATION; TO PROVIDE THAT CHARTER 192
SCHOOLS ARE NOT SUBJECT TO ANY RULE, POLICY, REGULATION OR 193
PROCEDURE ADOPTED BY THE STATE BOARD OF EDUCATION UNLESS SUCH WAS 194
ADOPTED PURSUANT TO LAW APPLICABLE TO CHARTER SCHOOLS; TO AMEND 195
SECTION 37-28-47, MISSISSIPPI CODE OF 1972, TO INCREASE THE TOTAL 196
NUMBER OF NONLICENSED TEACHERS EMPLOYED IN AN INSTRUCTIONAL 197
CAPACITY TO 50% AND TO EXCLUDE PROVISIONALLY LICENSED TEACHERS AND 198
LICENSED TEACHERS TEACHING OUT OF FIELD FROM THE 50% LIMITATION ON 199
CHARTER SCHOOL TEACHERS EXEMPT FROM LICENSURE REQUIREMENTS; TO 200
PROVIDE THAT CHARTER SCHOOL EMPLOYEES HAVING SATISFIED ALL THE 201
REQUIREMENTS FOR NATIONAL BOARD CERTIFICATION IN THEIR RESPECTIVE 202
PROFESSIONAL DISCIPLINES, SHALL BE ENTITLED TO A $6,000.00 ANNUAL 203
SALARY SUPPLEMENT; TO AMEND SECTION 37-28-49, MISSISSIPPI CODE OF 204
1972, TO INSERT REFERENCE TO THE MISSISSIPPI CODE OF EDUCATOR 205
ETHICS; TO AMEND SECTION 37-28-53, MISSISSIPPI CODE OF 1972, TO 206
REQUIRE EACH CHARTER SCHOOL OR CHARTER MANAGEMENT ORGANIZATION TO 207
ANNUALLY CERTIFY INFORMATION NECESSARY TO CALCULATE THE CHARTER 208
SCHOOL'S STATE SHARE OF AND LOCAL CONTRIBUTION TO THE STATE PUBLIC 209
SCHOOL FUNDING FORMULA TO THE STATE DEPARTMENT OF EDUCATION; TO 210
AMEND SECTION 37-28-55, MISSISSIPPI CODE OF 1972, TO REVISE THE 211
MANNER IN WHICH THE PRO RATA SHARE OF LOCAL FUNDS FOR CHARTER 212
SCHOOLS IS CALCULATED; TO AMEND SECTION 37-28-57, MISSISSIPPI CODE 213
OF 1972, TO REQUIRE CHARTER SCHOOLS TO ADHERE TO GENERALLY 214
ACCEPTED ACCOUNTING PRINCIPLES AS DETERMINED BY THE FINANCIAL 215
ACCOUNTING STANDARDS BOARD; TO REQUIRE THE STATE AUDITOR TO 216
DEVELOP FINANCIAL RULES AND REGULATIONS, INCLUDING A FINANCIAL 217
ACCOUNTING MANUAL SPECIFIC FOR CHARTER SCHOOLS; TO PROVIDE FOR THE 218
ANNUAL AUDIT OF RECORDS OF NONPROFIT ENTITIES HOLDING A CHARTER 219
CONTRACT FOR CHARTER SCHOOLS; TO REQUIRE THE STATE DEPARTMENT OF 220
EDUCATION AND EACH AUTHORIZER TO DEVELOP A PROCESS OF SHARING 221
RELEVANT INFORMATION TO AVOID DUPLICATION OF EFFORT; TO BRING 222
FORWARD SECTIONS 37-28-1, 37-28-3, 37-28-17, 37-28-25, 37-28-27, 223
37-28-51, 37-28-59 AND 37-28-61, MISSISSIPPI CODE OF 1972, FOR 224
PURPOSES OF POSSIBLE AMENDMENTS; TO AMEND SECTIONS 31-7-1, 225
37-3-51, 37-17-1, 37-21-3, 37-41-1, 37-17-6, 37-28-55, 37-173-13 226
AND 37-175-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE 227
PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 37-28-5, 37-28-53 228
AND 37-173-9, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE 229
AMENDMENTS; TO REQUIRE THE STATE BOARD OF EDUCATION TO INCORPORATE 230
COMPONENTS WITHIN THE EXISTING FINANCIAL LITERACY CURRICULUM FOR 231
STUDENTS IN GRADES 6 THROUGH 8 BEGINNING WITH THE 2026-2027 SCHOOL 232
YEAR; TO REQUIRE PASSAGE OF A ONE-HALF CARNEGIE UNIT COURSE IN 233
FINANCIAL LITERACY AS A GRADUATION REQUIREMENT FOR ALL PUBLIC 234
SCHOOL STUDENTS, INCLUDING THOSE IN CHARTER SCHOOLS, BEGINNING 235
WITH THE 2031 GRADUATING CLASS; TO ESTABLISH THE FINANCIAL 236
LITERACY TRUST FUND IN THE STATE TREASURY TO SUPPORT FINANCIAL 237
LITERACY EDUCATION; TO REQUIRE THE STATE BOARD OF EDUCATION TO 238
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ADMINISTER THE FUND; TO AMEND SECTIONS 37-7-301 AND 37-16-7, 239
MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO ESTABLISH A 240
SCHOOL ACCOUNTABILITY DASHBOARD FOR MISSISSIPPI PUBLIC SCHOOLS TO 241
PROMOTE TRANSPARENCY AND PROVIDE PARENTS WITH CRITICAL STUDENT 242
PERFORMANCE DATA; TO REQUIRE SCHOOL DISTRICTS TO PUBLISH THE 243
SCHOOL ACCOUNTABILITY DASHBOARD BEGINNING WITH THE 2026-2027 244
ACADEMIC SCHOOL YEAR; TO SPECIFY THE TIMELINE BY WHICH THE INITIAL 245
AND SUBSEQUENT UPDATES TO THE DASHBOARD ARE REQUIRED TO BE 246
PUBLISHED; TO GRANT THE DEPARTMENT A ONE-YEAR PERIOD TO IDENTIFY 247
ANY RELEVANT DATA NOT CURRENTLY COLLECTED TO DETERMINE WHAT SAID 248
DATA IS AND INCLUDE IT IN THE DASHBOARD BEGINNING WITH THE 249
2027-2028 SCHOOL YEAR; TO REQUIRE THE INFORMATION IN THE DASHBOARD 250
TO BE COMPILED INTO AN EASILY ACCESSIBLE, USER-FRIENDLY 251
SINGLE-PAGE GRAPHIC AND PUBLISHED ON THE MAIN PAGE OF THE SCHOOL 252
DISTRICT'S AND THE DEPARTMENT'S WEBSITE; TO REQUIRE THE STATE 253
DEPARTMENT OF EDUCATION TO ISSUE GUIDANCE AND THE STANDARDIZED 254
DASHBOARD TEMPLATE TO ALL SCHOOL DISTRICTS BY AUGUST 1, 2026; TO 255
REQUIRE THE SCHOOL ACCOUNTABILITY DASHBOARD TO BE ALIGNED WITH THE 256
STATE'S PERFORMANCE-BASED ACCREDITATION SYSTEM AND PRESCRIBE THE 257
MINIMUM DATA METRICS TO BE INCLUDED; TO AMEND SECTION 37-17-8, 258
MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 259
25-11-126, MISSISSIPPI CODE OF 1972, TO REVISE THE CRITERIA AND 260
SCALE OF COMPENSATION FOR ELIGIBLE RETIRED TEACHERS WHO RETURN TO 261
THE TEACHING PROFESSION AS CONTRIBUTING BUT NON-BENEFIT ACCRUING 262
MEMBERS OF THE PERS; TO AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 263
1972, TO REMOVE THE 50/50 SPLIT OF EMPLOYER'S CONTRIBUTION OF 264
RETIRED TEACHERS AS PENSION LIABILITY PARTICIPATION ASSESSMENT; TO 265
AMEND SECTIONS 37-181-3, 37-181-5, 37-181-7, 37-181-9, 37-181-11, 266
37-181-15, 37-181-17 AND 37-181-19, MISSISSIPPI CODE OF 1972, TO 267
REMOVE OVERLY RESTRICTIVE LANGUAGE WHICH REQUIRED THE PARENT OR 268
GUARDIAN OF AN ELIGIBLE STUDENT RECEIVING ESA FUNDS TO CERTIFY TO 269
THE STATE DEPARTMENT OF EDUCATION THAT THE STUDENT HAS BEEN 270
ACCEPTED INTO AN ELIGIBLE SCHOOL QUALIFIED TO PROVIDE SERVICES FOR 271
THE PARTICIPATING STUDENT'S DISABILITY OR SPECIAL EDUCATION NEEDS, 272
OR PROVIDE SERVICES ADDRESSING A PARTICIPATING STUDENT'S IEP; TO 273
REMOVE THE REQUIREMENT THAT AN ELIGIBLE SCHOOL THAT FAILS TO 274
COMPLY WITH THE CERTIFICATION REQUIREMENTS OF ITS ABILITY TO 275
PROVIDE SERVICES FOR THE PARTICIPATING STUDENT'S DISABILITY OR 276
SPECIAL EDUCATION NEEDS, OR PROVIDE SERVICES ADDRESSING A 277
PARTICIPATING STUDENT'S IEP SHALL BE INELIGIBLE TO PARTICIPATE IN 278
THE ESA PROGRAM THE FOLLOWING YEAR; TO REMOVE THE WAITLIST 279
REQUIREMENT FOR STUDENTS ELIGIBLE TO RECEIVE AN EDUCATIONAL 280
SCHOLARSHIP ACCOUNT UNDER THE "EQUAL OPPORTUNITY FOR STUDENTS WITH 281
SPECIAL NEEDS ACT"; TO PROVIDE THAT, SUBJECT TO APPROPRIATION, 282
EACH STUDENT'S ESA SHALL BE FUNDED AT THE STUDENT BASE AMOUNT AS 283
DETERMINED UNDER THE "MISSISSIPPI STUDENT FUNDING FORMULA"; TO 284
RESTRUCTURE THE FREQUENCY BY WHICH REIMBURSEMENT PAYMENTS SHALL BE 285
MADE TO SERVICE PROVIDERS AND PARENTS FROM QUARTERLY TO MONTHLY; 286
TO AUTHORIZE THE DEPARTMENT TO ENTER INTO A CONTRACTUAL AGREEMENT 287
WITH A CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATION(S) (CEAO) TO 288
ADMINISTER THE ESA PROGRAM; TO CREATE THE "AERONAUTICS, 289
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GEOSPATIAL, ENGINEERING, NURSING, AND TECHNICAL SKILLS (AGENTS) OF 290
EXCELLENCE PROGRAM ACT"; TO ESTABLISH SPECIALIZED ACADEMIC 291
PROGRAMS FOR HIGH SCHOOL STUDENTS IN GRADES 9 THROUGH 12 IN 292
DISCIPLINES SUCH AS AERONAUTICS, GEOSPATIAL STUDIES, ENGINEERING, 293
NURSING, AND TECHNICAL SKILLS; TO IMPROVE WORKFORCE READINESS AND 294
POSTSECONDARY OUTCOMES FOR STUDENTS ATTENDING AGENTS OF EXCELLENCE 295
HOST INSTITUTIONS; TO DEFINE TERMINOLOGY; TO PROVIDE THAT THE 296
PROGRAM SHALL BE JOINTLY ADMINISTERED BY THE STATE BOARD OF 297
EDUCATION AND THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF 298
HIGHER LEARNING; TO PROVIDE FOR IMPLEMENTATION OF THE PROGRAM 299
CONTINGENT UPON FUNDING BEING APPROPRIATED FOR THAT REASON; TO 300
PRESCRIBE THE MECHANISM BY WHICH HOST INSTITUTIONS SHALL BE PAID 301
FOR PARTICIPATING STUDENTS; TO REQUIRE ANNUAL REPORTS ON 302
ENROLLMENT, OUTCOMES AND FINANCES TO BE SUBMITTED TO THE GOVERNOR 303
AND THE CHAIRPERSON OF THE EDUCATION AND UNIVERSITIES AND COLLEGES 304
COMMITTEES OF THE HOUSE AND SENATE; TO REQUIRE COMPREHENSIVE 305
EVALUATIONS OF THE PROGRAM EVERY THREE YEARS TO ASSESS 306
EFFECTIVENESS; TO BRING FORWARD SECTIONS 37-13-81, 37-13-83, 307
37-13-85, 37-13-87, 37-13-89, 37-13-91 AND 37-13-107, MISSISSIPPI 308
CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO REQUIRE THE 309
STATE BOARD OF EDUCATION AND THE STATE DEPARTMENT OF EDUCATION TO 310
APPLY TO THE UNITED STATES DEPARTMENT OF EDUCATION FOR A WAIVER 311
FROM THE ASSESSMENT REQUIREMENTS FOR GRADES 3 THROUGH 8; TO AMEND 312
SECTION 25-11-103, MISSISSIPPI CODE OF 1972, TO REVISE THE 313
DEFINITION OF "AVERAGE COMPENSATION" FOR MEMBERS IN THE NEW TIER 314
TO MEAN THE AVERAGE OF THE FOUR HIGHEST CONSECUTIVE YEARS OF 315
EARNED COMPENSATION, OR OF THE LAST 48 CONSECUTIVE MONTHS OF 316
EARNED COMPENSATION, WHICHEVER IS GREATER; TO BRING FORWARD 317
SECTION 25-11-109, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 318
AMENDMENT; TO AMEND SECTION 25-11-111, MISSISSIPPI CODE OF 1972, 319
TO PROVIDE THAT MEMBERS IN THE NEW TIER WHO HAVE COMPLETED AT 320
LEAST EIGHT YEARS OF MEMBERSHIP SERVICE SHALL BE ENTITLED TO 321
RECEIVE A RETIREMENT ALLOWANCE UPON WITHDRAWAL FROM SERVICE AT THE 322
AGE OF 60, AND MEMBERS WHO HAVE COMPLETED AT LEAST 30 YEARS OF 323
CREDITABLE SERVICE SHALL BE ENTITLED TO RECEIVE A RETIREMENT 324
ALLOWANCE UPON WITHDRAWAL FROM SERVICE REGARDLESS OF AGE; TO 325
PROVIDE THAT MEMBERS IN THE NEW TIER WHO WITHDRAW FROM SERVICE 326
BEFORE AGE 60 AND HAVE COMPLETED AT LEAST EIGHT YEARS OF 327
MEMBERSHIP SERVICE AND HAVE NOT RECEIVED A REFUND OF THEIR 328
CONTRIBUTIONS SHALL BE ENTITLED TO RECEIVE A RETIREMENT ALLOWANCE 329
UPON ATTAINING THE AGE OF 60; TO PROVIDE THAT THE ANNUAL 330
RETIREMENT ALLOWANCE OF A MEMBER WHO HAS ATTAINED THE AGE OF 60 331
BUT HAS NOT COMPLETED AT LEAST 30 YEARS OF CREDITABLE SERVICE 332
SHALL BE REDUCED BY AN ACTUARIAL EQUIVALENT FACTOR FOR EACH YEAR 333
OF CREDITABLE SERVICE BELOW 30 YEARS OR THE NUMBER OF YEARS IN AGE 334
THAT THE MEMBER IS BELOW AGE 65, WHICHEVER IS LESS; TO BRING 335
FORWARD SECTION 25-11-112, MISSISSIPPI CODE OF 1972, FOR PURPOSES 336
OF AMENDMENT; TO AMEND SECTION 25-11-114, MISSISSIPPI CODE OF 337
1972, TO CONFORM TO THE PROVISIONS OF THIS ACT WITH RESPECT TO 338
RETIREMENT ALLOWANCES FOR DEATH BEFORE RETIREMENT OR DEATH OR 339
DISABILITY IN THE LINE OF DUTY; TO BRING FORWARD SECTIONS 340
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25-11-115, 25-11-117 AND 25-11-147, MISSISSIPPI CODE OF 1972, FOR 341
PURPOSES OF POSSIBLE AMENDMENTS; TO AMEND SECTION 25-11-123, 342
MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROCEEDING 343
PROVISIONS; TO AMEND SECTION 37-21-7, MISSISSIPPI CODE OF 1972, TO 344
INCREASE THE MINIMUM ASSISTANT TEACHER SALARY TO $20,000.00; TO 345
AMEND SECTIONS 25-9-127 AND 7-9-5, MISSISSIPPI CODE OF 1972, TO 346
EXEMPT THE PERSONNEL ACTIONS OF THE OFFICE OF THE STATE TREASURER 347
FROM THE APPLICABILITY OF THE RULES AND REGULATIONS OF THE STATE 348
PERSONNEL BOARD WITH REGARD TO THE ADMINISTRATION OF THE 349
MISSISSIPPI EDUCATION FREEDOM ACT FOR ONE-YEAR PERIOD; TO BRING 350
FORWARD SECTIONS 31-7-401, 31-7-403, 31-7-405 AND 31-7-407, 351
MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO 352
AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES WITH PRIMARY LAW 353
ENFORCEMENT AUTHORITY OF ALL PUBLIC AND NONPUBLIC SCHOOLS WITHIN 354
THEIR JURISDICTION TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH 355
INDEPENDENT NONPUBLIC SCHOOLS TO EMPLOY LAW ENFORCEMENT OFFICERS 356
AS SCHOOL RESOURCE OFFICERS (SROS) AT SUCH SCHOOLS; TO SPECIFY THE 357
TRAINING REQUIREMENTS FOR INDIVIDUALS SERVING AS SROS AT 358
INDEPENDENT NONPUBLIC SCHOOLS AND CONSEQUENCES FOR NONCOMPLIANCE 359
WITH TRAINING REQUIREMENTS; TO AMEND SECTIONS 21-19-49 AND 360
17-25-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO 361
ESTABLISH THE NATIONAL DEFENSE CADET CORPS (NDCC) PILOT PROGRAM 362
GRANT FOR THE PURPOSE OF EXPANDING JROTC PROGRAMS IN SCHOOLS 363
THROUGHOUT THE STATE; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION 364
AND THE ADJUTANT GENERAL OF THE MISSISSIPPI NATIONAL GUARD TO 365
PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE 366
PILOT PROGRAM, AND TO ESTABLISH QUALIFYING CRITERIA TO BE USED IN 367
DETERMINING THE PRIORITY OF ISSUANCE OF GRANTS UNDER THE PILOT 368
PROGRAM; TO BRING FORWARD SECTION 37-15-29, MISSISSIPPI CODE OF 369
1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO CODIFY SECTION 370
37–7–104.10, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE 371
COPIAH COUNTY AND HAZLEHURST CITY SCHOOL DISTRICTS THERE SHALL BE 372
AN ADMINISTRATIVE RESTRUCTURING INTO ONE SCHOOL DISTRICT TO BE 373
DESIGNATED AS THE COPIAH COUNTY SCHOOL DISTRICT EFFECTIVE JULY 1, 374
2028; TO PROVIDE FOR THE COMPOSITION AND SELECTION OF THE BOARD OF 375
TRUSTEES OF THE NEW COPIAH COUNTY SCHOOL DISTRICT; TO DIRECT THE 376
STATE BOARD OF EDUCATION TO ADMINISTRATIVELY CONSOLIDATE ANY 377
SCHOOL DISTRICT WHICH DOES NOT VOLUNTARILY FOLLOW THE 378
RESTRUCTURING ORDER; TO ABOLISH THE FORMER SCHOOL DISTRICTS 379
FOLLOWING THE ADMINISTRATIVE RESTRUCTURING AND PROVIDE FOR THE 380
TRANSFER OF SCHOOL DISTRICT ASSETS AND LIABILITIES; TO PROVIDE FOR 381
EXECUTION OF TEACHER AND SCHOOL DISTRICT EMPLOYEE CONTRACTS AND 382
THE PREPARATION OF A SCHOOL DISTRICT BUDGET IN THE NEW SCHOOL 383
DISTRICT; TO DIRECT THE STATE BOARD OF EDUCATION TO PROMULGATE 384
REGULATIONS TO IMPLEMENT SUCH ADMINISTRATIVE RESTRUCTURING; TO 385
AMEND SECTIONS 37-7-103 AND 37-5-7, MISSISSIPPI CODE OF 1972, IN 386
CONFORMITY; TO AMEND SECTION 37-13-8, MISSISSIPPI CODE OF 1972, TO 387
PERMIT LOCAL SCHOOL BOARDS TO DESIGNATE A PERIOD OF REFLECTION AT 388
THE BEGINNING OF EACH SCHOOL DAY TO PROVIDE FOR STUDENT-INITIATED 389
PRAYER ON A VOLUNTARY BASIS; TO BRING FORWARD SECTION 37-13-4, 390
MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 391
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TO AMEND SECTION 37-13-4.1, MISSISSIPPI CODE OF 1972, TO PERMIT 392
LOCAL SCHOOL BOARDS TO DESIGNATE A PERIOD OF PRAYER OR REFLECTION 393
AT SCHOOL EVENTS; TO AMEND SECTION 7-9-9, MISSISSIPPI CODE OF 394
1972, TO REVISE THE POWER AND DUTIES OF THE STATE TREASURER TO 395
INCLUDE THE AUTHORITY GRANTED UNDER THE MISSISSIPPI EDUCATION 396
FREEDOM PROGRAM FOR THE TREASURER TO ADMINISTER THE PROGRAM AND TO 397
ENSURE FIDELITY OF SUCH THROUGH THE PROMULGATION OF RULES AND 398
REGULATIONS FOR THE ADMINISTRATION THEREOF; TO AMEND SECTION 399
37-15-30, MISSISSIPPI CODE OF 1972, TO REQUIRE THE USE OF 400
AUTOMOBILE REGISTRATIONS AS PROOF OF RESIDENCY WHEN ENROLLING 401
STUDENTS IN SCHOOL; TO REQUIRE PARENTS OR LEGAL GUARDIANS WHO DO 402
NOT OWN A VEHICLE TO SUBMIT A SIGNED AFFIDAVIT, ATTESTING THAT NO 403
MOTOR VEHICLE IS OWNED AND AFFIRMING THE STUDENT'S ACTUAL 404
RESIDENCE AT THE STATED ADDRESS WITHIN THE ENROLLING SCHOOL 405
DISTRICT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP 406
AND SUBMIT A UNIFIED ALLOCATION PLAN TO THE UNITED STATES 407
DEPARTMENT OF EDUCATION ON OR BEFORE DECEMBER 31, 2026; TO REQUEST 408
WAIVERS OF SPECIFIC FEDERAL STATUTORY OR REGULATORY REQUIREMENTS 409
OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, AS AMENDED 410
BY THE EVERY STUDENT SUCCEEDS ACT, PURSUANT TO SECTION 8401(A)(1), 411
IN ORDER TO INCREASE STATE AND LOCAL FLEXIBILITY; TO ALIGN FEDERAL 412
EDUCATION PROGRAMS AND RESOURCES WITH MISSISSIPPI'S APPROVED ESSA 413
STATE PLAN PRIORITIES; TO STRENGTHEN SCHOOL IMPROVEMENT EFFORTS 414
INFORMED BY STATEWIDE ACCOUNTABILITY, ASSESSMENT AND DATA SYSTEMS; 415
TO SUPPORT LOCAL SCHOOL DISTRICTS IN PRIORITIZING SERVICES FOR 416
STUDENTS MOST IN NEED OF ACADEMIC AND NONACADEMIC SUPPORT; TO 417
ESTABLISH A THREE-PHASE UNIFIED ALLOCATION PLAN FRAMEWORK 418
CONSISTING OF STATE-LEVEL FLEXIBILITY, LOCAL EDUCATIONAL AGENCY 419
FLEXIBILITY AND EQUITABLE SERVICES OPT-IN OPTIONS; TO REQUIRE 420
CONTINUED COMPLIANCE WITH FEDERAL ACCOUNTABILITY, EQUITY AND CIVIL 421
RIGHTS PROTECTIONS; TO AUTHORIZE RULEMAKING BY THE STATE 422
DEPARTMENT OF EDUCATION; AND FOR RELATED PURPOSES. 423
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 424
SECTION 1. The following shall be codified as Section 425
37-190-1, Mississippi Code of 1972: 426
37-190-1. Sections 1 through 13 of this act shall be known 427
and may be cited as the "Mississippi Education Freedom Act". 428
SECTION 2. The following shall be codified as Section 429
37-190-3, Mississippi Code of 1972: 430
37-190-3. The Legislature finds and declares the following: 431
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(1) Mississippi benefits when every child can access an 432
education that fits his or her needs, circumstances and 433
aspirations. The "Mississippi Education Freedom Act", expands 434
learning options for eligible students by allowing parents to 435
direct state-supported funds to qualifying educational expenses 436
and approved education service providers. This act promotes 437
academic achievement, parental choice, workforce readiness, and 438
efficient stewardship of public funds. 439
(2) The program is designed to reach students with the 440
greatest and most immediate need and phased-in to ensure lawful, 441
and orderly implementation and fiscal responsibility, including: 442
(a) Funding and fiscal integrity of awards calculated 443
with reference to the base student cost, and specified transfers 444
associated with charter and inter-district public school 445
enrollments, while also allowing funds to follow students 446
consistent with their placement in public, charter, private 447
participating schools, participating postsecondary institutions, 448
legitimate home instruction, or approved education service 449
providers, with clear caps where applicable and with rollover 450
authority to support continuity of learning; 451
(b) Instituting parental rights, responsibilities and 452
safeguards for the use of Magnolia Student Account (MSA) funds for 453
clearly defined eligible expenses through eligible students' 454
elementary and secondary learning careers, and limited 455
post-graduation uses which shall be subject to inactivity closures 456
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and forfeiture timelines, while simultaneously protecting student 457
privacy and requires clear written guidance to parents regarding 458
allowable uses and responsibilities; 459
(c) Prescribing provider participation, autonomy and 460
accountability guidelines to ensure education service providers 461
and participating schools meet baseline obligations to students, 462
parents and the fund manager, and guaranteeing participating 463
schools retain maximum autonomy, provided that its systems and 464
processes are fair, transparent and remain consistent with state 465
and federal law; and 466
(d) Facilitating a system of transparency, reporting, 467
and continuous improvement through the publication of aggregate 468
program information and current registry of participating schools 469
and providers, district capacities and annual transfer data. 470
(3) Through these findings and declarations, the Legislature 471
affirms that the "Mississippi Education Freedom Act" serves a 472
compelling public purpose: to broaden opportunity, honor family 473
choice, protect student privacy, preserve school autonomy, and 474
ensure responsible, transparent use of public funds so that every 475
Mississippi child can learn, grow and thrive. 476
SECTION 3. The following shall be codified as Section 477
37-190-5, Mississippi Code of 1972: 478
37-190-5. As used in this chapter, the following words and 479
phrases have the meanings ascribed in this section, unless the 480
context clearly indicates otherwise: 481
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(a) "Academic year" means the twelve-month period 482
beginning on July 1 and ending on the following June 30. 483
(b) "Fund manager" means the Mississippi Office of the 484
State Treasurer. 485
(c) "Mississippi Education Freedom Program" or 486
"program" means the comprehensive education freedom initiative 487
established by this chapter and administered by the fund manager. 488
The program shall consist of the following separate and 489
categorically funded components, each of which shall be 490
administered independently in accordance with the provisions 491
governing that component: 492
(i) Magnolia Student Accounts; 493
(ii) Student portability scholarships administered 494
pursuant to Section 37-15-31; and 495
(iii) Education Scholarship Accounts administered 496
pursuant to the Equal Opportunity Scholarship for Students with 497
Special Needs Act, Section 37-181-1 et seq. 498
(d) "Magnolia Student Account" or "MSA" means an 499
account established and funded under this chapter into which 500
monies are deposited by the fund manager for the parent of a 501
participating student to pay for eligible educational expenses. 502
(e) "Eligible student" means a resident of this state 503
who is eligible to enroll in kindergarten through Grade 12 (K-12) 504
in this state, unless otherwise specified in this chapter. The 505
term does not include a child who is not lawfully present in the 506
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United States. For purposes of participation in the Equal 507
Opportunity Scholarship for Students with Special Needs Program, 508
the term "eligible student" shall have the meaning ascribed in 509
Section 37-181-3. 510
(f) "Participating student" means an eligible student 511
who has been approved by the fund manager to participate in the 512
Mississippi Education Freedom Program as provided under this 513
chapter. 514
(g) "Parent" means a resident of this state who is the 515
biological or adoptive parent, legal guardian, custodian, or other 516
individual with legal authority to act on behalf of an eligible 517
student, including a case manager of the Mississippi Department of 518
Child Protection Services. 519
(h) "Education service provider" means a school, 520
including a participating school or participating postsecondary 521
educational institution, or an organization, certified educational 522
assistance organization(s) (CEAO), or individual other than the 523
parent of the participating student that provides educational 524
services or educational goods to a participating student. 525
Payments to education service providers must be only for one or 526
more eligible expenses. 527
(i) "Eligible expenses" means expenses incurred by the 528
parent of a participating student for educational goods or 529
services approved by the fund manager, including: 530
(i) Tuition; 531
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(ii) Fees; 532
(iii) The cost of testing; 533
(iv) The cost of required school uniforms, if any, 534
at a school; 535
(v) Expenses determined by a participating school 536
to be necessary for the education of a participating student and 537
required to be paid by a participating student who is enrolled in 538
the participating school, including expenses related to: 539
1. Supplies; 540
2. Equipment; 541
3. Access to technology; and 542
4. Services provided by the participating 543
school; 544
(vi) Fees for after-school or summer education 545
programs; 546
(vii) Instructional or tutoring services; 547
(viii) Curriculum and supplementary materials; 548
(ix) Fees for: 549
1. Courses and associated examinations for 550
college credit; 551
2. Any examination related to postsecondary 552
educational institution admissions; 553
3. Courses and associated examinations for 554
career training that lead to an industry-based credential; 555
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4. Any examination required in order to 556
obtain an industry-based credential; 557
5. Any services and expenses for which funds 558
may be currently used under Section 37-181-5(2) for students with 559
disabilities; and 560
6. Account management by a certified 561
educational assistance organization(s) (CEAO) or vendors; 562
(x) Technological devices used to meet a 563
participating student's educational needs, which shall not 564
include: 565
1. A television; 566
2. A videogame console or accessory; 567
3. Home theater or related audio equipment; 568
or 569
4. Virtual reality products; 570
(xi) Costs associated with transportation to and 571
from an education service provider, participating school, or 572
participating postsecondary educational institution; and 573
(xii) Any other education expenses approved by the 574
fund manager. 575
(j) "Participating school" means a nonpublic school, 576
having facilities physically located within the geographical 577
boundaries of this state, which has been approved by the fund 578
manager to participate in the program in accordance with this 579
chapter. A public school may be a participating school only if 580
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the school is not physically located in the participating 581
student's resident school district. A participating school must 582
either be accredited or in the process of being accredited by the 583
State Department of Education or a regional, nationally 584
recognized, or specialized accreditation agency that is recognized 585
by the United States Department of Education, or its successor 586
agency that recognizes accreditation agencies, or the Council of 587
Higher Education Accreditation. 588
(k) "Nonparticipating school" means any school, having 589
facilities physically located within the geographical boundaries 590
of this state, in which an eligible student is enrolled that has 591
not been approved by the fund manager as a participating school 592
under this chapter. Nonparticipating school shall not include a 593
legitimate home instruction program. 594
(l) "Participating postsecondary educational 595
institution" means: 596
(i) A Mississippi state institution of higher 597
learning under the jurisdiction and governance of the Board of 598
Trustees of the State Institutions of Higher Learning; 599
(ii) A member institution of the Mississippi 600
Community College Board, which is under the jurisdiction and 601
governance of its respective community college district board of 602
trustees; or 603
(iii) An accredited independent four-year college 604
or university located within the state; 605
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(m) "Resident school district" means the public school 606
district to which a student is assigned based on the student's 607
residence. 608
(n) "Charter school" means a public school that is 609
established and operating under the terms of a charter contract. 610
The term "charter school" includes a conversion charter school and 611
start up charter school. 612
SECTION 4. The following shall be codified as Section 613
37-190-7, Mississippi Code of 1972: 614
37-190-7. (1) The Mississippi Education Freedom Program 615
shall be administered by the Mississippi Office of the State 616
Treasurer, who shall serve as the fund manager. The fund manager 617
is authorized to contract with one or more certified educational 618
assistance organization(s) (CEAO) for the administration of the 619
program, including application processing, account management, 620
payment processing, compliance monitoring and other administrative 621
functions necessary to implement this chapter. 622
(2) The fund manager shall have all powers and duties 623
necessary to implement and administer this chapter, including, but 624
not limited to, the authority to: 625
(a) Establish and administer application procedures for 626
participating students, parents, participating schools, education 627
service providers and participating postsecondary educational 628
institutions; 629
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(b) Verify eligibility, enrollment status and continued 630
participation of participating students; 631
(c) Establish a residence verification for the student 632
and the household which can include verification by a Mississippi 633
issued State Identification or Driver's License of the parent or 634
student. 635
(d) Establish an income-verification process to verify 636
the household income of a participating student for the purpose of 637
executing the income-based enrollment preferences defined in 638
Section 37-190-9. 639
(e) Approve, deny, suspend, or revoke the participation 640
of students, parents, participating schools, education service 641
providers and participating postsecondary educational institutions 642
in accordance with this chapter; 643
(f) Establish and administer Magnolia Student Accounts, 644
including account creation, funding deposits, payment processing, 645
and account closure; 646
(g) Determine allowable payment methods and approve 647
eligible expenses consistent with Section 37-190-5; 648
(h) Establish procedures for the submission, 649
verification, and payment or reimbursement of eligible expenses; 650
(i) Administer prioritization criteria, lotteries, 651
sibling preferences and participation caps in accordance with the 652
criteria for awarding MSA accounts under this chapter; 653
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(j) Establish fraud prevention, audit and compliance 654
monitoring procedures; 655
(k) Investigate suspected misuse of funds and enforce 656
program requirements, including suspension or termination of 657
accounts and recovery of misspent funds; 658
(l) Collect data, require documentation and maintain 659
records necessary to administer the program; 660
(m) Compile and publish program-level reports as 661
required by this chapter; and 662
(n) Promulgate rules and procedures necessary to 663
administer this chapter. 664
(3) The fund manager, in its administration of the program, 665
shall: 666
(a) Create and disseminate a standard application form 667
for parents seeking to participate in the program; 668
(b) Establish and publicize an application window by 669
which application forms must be submitted to the department; 670
(c) Provide to parents of participating students a 671
written explanation of qualifying expenses, their responsibilities 672
under the program, the duties and responsibilities of the Office 673
of the State Treasurer, and the provisions of this chapter related 674
to misuse of program funds; 675
(4) (a) The fund manager shall establish a system, which 676
may be administered by a certified educational assistance 677
organization(s) (CEAO) or vendors, by which a parent can make 678
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payments from MSAs for eligible expenses, including by electronic 679
or online funds transfer. 680
(b) The certified educational assistance organization, 681
or the fund manager, may retain up to three percent (3%) of a 682
student's fund for administration of the program. 683
(c) Nothing in this act shall be construed as 684
authorizing the payment of program funds directly to a 685
participating student or his or her parent, except as may be 686
required for reimbursement for eligible expenses. 687
(d) For the purposes of this subsection, "certified 688
educational assistance organization(s) (CEAO)" means a for-profit 689
or not-for-profit organization or business with whom the fund 690
manager has legally contracted that provides account management 691
services for MSAs in compliance with Sections 37-190-1 et seq., 692
and certified by the fund manager as prescribed under subsections 693
(12) and (13) of this section. 694
(5) The fund manager shall adopt and enforce rules necessary 695
to implement this chapter, subject to the Mississippi 696
Administrative Procedures Act. Notwithstanding the Administrative 697
Procedures Act, the fund manager shall adopt emergency rules 698
necessary to promptly and effectively begin administration of the 699
program. Any rule necessary for initial implementation of the 700
program may be adopted as an emergency rule, which shall remain 701
effective for as long as necessary to facilitate initial 702
implementation of the program. 703
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(6) For purposes of administering the program, the fund 704
manager may seek federal verification of an individual's 705
immigration status with the federal government pursuant to 8 USCS 706
Section 1373(c). The fund manager shall not attempt to 707
independently make a final determination of whether any individual 708
is lawfully present in the United States. 709
(7) During the first year of the program's implementation, 710
the provisions of Section 25-9-127(1) shall not apply to the 711
personnel actions of the Office of the State Treasurer, in its 712
capacity as fund manager, that are subject to the rules and 713
regulations of the State Personnel Board, as such exemption 714
applies to the State Treasurer's ability to employ persons to 715
facilitate the administration of this act established under 716
Sections 37-190-1 et seq., and all employees of the office hired 717
during that period shall be classified as nonstate service. 718
However, for any employee hired by the office after the one-year 719
period established in this subsection (7), the department shall 720
meet the criteria of the State Personnel Board as it presently 721
exists for employment. 722
(8) The fund manager shall have independent and exclusive 723
autonomy to promulgate rules and regulations necessary for the 724
operation funding, and governance of MSAs, ESAs and the Education 725
Freedom Funds as components of this chapter. Provided, however, 726
that the fund manager may delegate part or all of this authority 727
in accordance with the provisions of this chapter. 728
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(9) In exercising its authority under this chapter, the fund 729
manager shall ensure that the administration of the program: 730
(a) Preserves parental choice and control over 731
educational decisions; 732
(b) Minimizes administrative burden on participating 733
families and schools; and 734
(c) Protects against fraud, waste and abuse of public 735
funds. 736
(10) The fund manager shall establish cybersecurity 737
requirements for certified educational assistance organizations, 738
including any best practices and acceptable use policies 739
established under state law. 740
(11) The fund manager may certify educational assistance 741
organizations (CEAOs) to support the administration of the 742
program, including by: 743
(a) Administering wholly or partly: 744
(i) The application process under Section 745
37-190-9; and 746
(ii) The program expenditures process under 747
Section 37-190-11; and 748
(b) Assisting prospective applicants, applicants and 749
program participants with understanding approved education-related 750
expenses and finding preapproved education service providers and 751
vendors of educational products. 752
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(12) An organization may apply to the fund manager for 753
certification as a certified educational assistance organization 754
during an application period prescribed by the fund manager. To 755
be eligible for certification under this section, an organization 756
must: 757
(a) Have the ability to perform one or more of the 758
duties and functions required of a certified organization 759
assistance organization under this act; 760
(b) Be registered to do business in this state; and 761
(c) Be able to assist the fund manager in administering 762
the program wholly or partly, including the ability to: 763
(i) Accept, process and track applications for the 764
program; 765
(ii) Assist prospective applicants, applicants and 766
program participants with finding preapproved education service 767
providers and vendors of educational products; 768
(iii) Accept and process payments for approved 769
education-related expenses; 770
(iv) Verify that program funding is used only for 771
approved education-related expenses; 772
(v) Verify that a program participant is eligible 773
to participate in the program; 774
(vi) Accept, track, review and resolve inquiries 775
and complaints received regarding the program; and 776
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(vii) Establish and maintain a fund 777
manager-approved Internet website for the program. 778
(13) A certified educational assistance organization 779
designated to perform the duties described in subsection (12) 780
shall communicate with parents interested in participating in the 781
program and program participants through synchronous and 782
asynchronous communication, prioritizing synchronous 783
communication, regarding: 784
(a) The education options available in this state; 785
(b) How and when to apply to the program and 786
preapproved education service providers; 787
(c) How to manage an account, including requesting 788
payments; 789
(d) Program requirements; and 790
(e) Any other information necessary to fulfill the 791
organization's responsibilities under this chapter. 792
(14) (a) The fund manager shall contract with a private 793
entity to audit accounts and program participant eligibility data 794
not less than once per year to ensure compliance with applicable 795
law and program requirements. The audit must 796
include a review of: 797
(i) Each certified educational assistance 798
organization's internal controls over program transactions; and 799
(ii) Compliance by: 800
1. Certified educational assistance 801
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organizations and other program requirements; 802
2. Program participants with 803
program requirements; and 804
3. Education service providers and vendors of 805
educational products with program requirements. 806
(b) In conducting an audit, the private entity may 807
require a program participant, education service provider or 808
vendor of educational products, or certified educational 809
assistance organization to provide information and documentation 810
regarding any transaction occurring under the program. 811
(c) The private entity shall report to the fund manager 812
any violation of this chapter or other relevant law and any 813
transactions the entity determines to be unusual or suspicious 814
found by the entity during an audit conducted under the authority 815
of this section. The fund manager shall report the violation or 816
transaction to: 817
(i) The applicable certified educational 818
assistance organization; 819
(ii) The education service provider or vendor of 820
educational products, as applicable; and 821
(iii) Each participating parent who is affected by 822
the violation or transaction. 823
(d) The State Auditor shall audit each certified 824
educational assistance organization's compliance with the 825
organization's duties to verify a student's eligibility to 826
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participate in the program and verify that a request for payment 827
is for an approved expense. Each organization shall submit to the 828
State Auditor documentation of: 829
(i) Each item of residency documentation 830
reviewed by the organization; 831
(ii) Each preapproved education-related expense 832
category reviewed by the organization; 833
(iii) The number of transactions approved by the 834
organization; and 835
(iv) The number of transactions denied by the 836
organization. 837
(e) The State Auditor may review and analyze individual 838
transactions approved by a certified educational assistance 839
organization. 840
(f) The State Auditor shall randomly select ten percent 841
(10%) of approved program applications on which to perform an 842
eligibility verification audit. If the audit determines that an 843
applicant was approved based upon falsification of eligibility 844
documentation, that student shall be disqualified from 845
participation for the remainder of the current academic year, and 846
may reapply during the application period established for the 847
succeeding academic year. 848
(15) Nothing in this section shall be construed to authorize 849
the fund manager to regulate the curriculum, instructional 850
methods, admissions policies, hiring practices or religious 851
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instruction of a participating school or education service 852
provider, except as expressly provided in this chapter. 853
SECTION 5. The following shall be codified as Section 854
37-190-9, Mississippi Code of 1972: 855
37-190-9. (1) Participation in a Magnolia Student Account 856
shall be limited to eligible students who are approved by the fund 857
manager as participating students in accordance with this chapter. 858
(2) Magnolia Student Accounts shall be made available to 859
participating students in the following categories: 860
(a) Participating students who are enrolled in a 861
participating school or participating postsecondary educational 862
institution; 863
(b) Participating students who are enrolled in a 864
nonparticipating school and who are not enrolled in a legitimate 865
home instruction program; and 866
(c) Participating students who are enrolled in a 867
legitimate home instruction program. 868
(3) Magnolia Student Accounts for participating students 869
described in subsection (2)(a) and (b) shall be subject to the 870
following participation limits by academic year: 871
(a) For the 2027-2028 academic year, participation 872
shall be limited to twelve thousand five hundred (12,500) 873
participating students; 874
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(b) For the 2028-2029 academic year, participation 875
shall be limited to fifteen thousand (15,000) participating 876
students; 877
(c) For the 2029-2030 academic year, participation 878
shall be limited to seventeen thousand five hundred (17,500) 879
participating students; 880
(d) For the 2030-2031 academic year, participation 881
shall be limited to twenty thousand (20,000) participating 882
students; and 883
(e) For the 2031-2032 academic year and each school 884
year thereafter, the fund manager shall increase the number of 885
MSAs in the manner prescribed under subsection (4). 886
(4) (a) Once the number of approved applications during the 887
fifth year of the program's administration application period 888
reaches one hundred percent (100%) of the total number of MSAs 889
available for that academic year, and a waitlist of eligible 890
students is created as a result, the maximum number of students 891
that may participate in the program shall remain in place for the 892
applicable school year the application was submitted. However, 893
during the immediately subsequent school year for which an 894
increase is automatically triggered, the maximum number of 895
students that may participate in the program for that school year 896
shall be increased to include two thousand five hundred (2,500) 897
additional students allowed to participate in the MSA program 898
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divided equally as prescribed above into each categorical pool of 899
eligible students. 900
(b) In any year that the number of MSAs is increased by 901
the fund manager, and there are remaining funds available for the 902
issuance of unused MSAs designated for eligible students 903
categorized under subsection (5)(a) of this section, those 904
remaining funds available for those unused MSAs shall be rolled 905
over into the second category of MSAs established under subsection 906
(5)(b) for use by the fund manager to fund MSAs thereunder for 907
eligible students approved for participation in the program. The 908
provisions of this paragraph shall be specific to newly issued 909
MSAs under the program and shall not be considered as a source of 910
additional funds for existing holders of a MSA. 911
(5) The annual participation limits set forth in subsection 912
(3) shall be divided equally as follows: 913
(a) One-half (1/2) of the available Magnolia Student 914
Accounts shall be reserved for eligible students who attended a 915
public school the immediately preceding school year; and 916
(b) One-half (1/2) of the available Magnolia Student 917
Accounts shall be available to eligible students without regard to 918
prior public or nonpublic school attendance, including students 919
eligible for enrollment for the first time in kindergarten, who 920
satisfy the definition of a compulsory-school-aged child as 921
prescribed in Section 37-13-91(f). 922
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(6) If the number of applications submitted pursuant to 923
subsection (5)(a) exceeds the number of accounts available under 924
that paragraph, participating students who are not awarded an 925
account under subsection (5)(a) shall be automatically considered 926
for an account under subsection (5)(b) without the requirement of 927
submitting a separate application. Such students shall retain the 928
same income-based priority ranking for purposes of consideration 929
under subsection (5)(b). 930
(7) (a) Magnolia Student Accounts for participating students 931
described in subsection (2)(c) shall constitute a separate 932
category and shall not be counted toward the participation limits 933
established in subsection (3). 934
(b) MSAs for participating students described in 935
subsection (2)(c) shall be awarded on a first-come, first-served 936
basis, subject to the availability of Education Freedom Funds 937
established for that purpose, as described in Section 37-190-23 of 938
this chapter. 939
(8) A student who is approved by the fund manager as a 940
participating student and who receives a Magnolia Student Account 941
shall remain an approved participating student in each subsequent 942
academic year, without the requirement to reapply, so long as the 943
student remains eligible under this chapter and complies with 944
program requirements. Additionally, a student, once approved 945
by the fund manager to receive a Magnolia Student Account, 946
shall not be required to submit reverification of a 947
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qualifying household income, which was used to establish the 948
student's initial eligibility, so long as the student remains 949
eligible under this chapter. 950
(9) In approving applications for Magnolia Student Accounts, 951
the fund manager shall give priority to participating students 952
based on household income, as measured by area median income as 953
defined by the United States Department of Housing and Urban 954
Development (HUD), in the following order: 955
(a) Eligible students whose household income does not 956
exceed one hundred percent (100%) of area median income; 957
(b) Eligible students whose household income exceeds 958
one hundred percent (100%) but does not exceed two hundred percent 959
(200%) of area median income; 960
(c) Eligible students whose household income exceeds 961
two hundred percent (200%) but does not exceed three hundred 962
percent (300%) of area median income; and 963
(d) All other eligible students. 964
(10) Within each income-based priority category established 965
in subsection (9) of this section, applications shall be ranked 966
and awarded in ascending order based on household income, such 967
that participating students with the lowest household income 968
within the applicable category shall receive priority over 969
participating students with higher household income within the 970
same category. 971
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(11) The fund manager shall award Magnolia Student Accounts 972
by fully exhausting each income-based priority category in the 973
order set forth in subsection (9) before awarding accounts to 974
participating students in the next lower priority category, 975
subject to the applicable participation limits established in this 976
section. 977
(12) A lottery shall be conducted only if, after awarding 978
Magnolia Student Accounts to all eligible participating students 979
in the income-based priority categories described in subsection 980
(9)(a) through (c), Magnolia Student Accounts remain available for 981
award to participating students described in subsection (9)(d). 982
(13) If a lottery is conducted pursuant to subsection (12), 983
first priority in the lottery shall be given to siblings of 984
participating students and thereafter without regard to household 985
income. 986
(14) Any Magnolia Student Accounts that are authorized but 987
not awarded, and any monies appropriated or otherwise made 988
available for Magnolia Student Accounts that are not deposited 989
into Magnolia Student Accounts, shall remain in or revert to the 990
Education Freedom Fund and shall be available only as authorized 991
by law. 992
(15) If an eligible student submits an application for 993
inclusion to receive a Magnolia Student Account under the program, 994
but is denied due to lack of available MSAs to accommodate the 995
student, then the denied student shall reapply for consideration 996
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for a MSA for the subsequent school year in accordance with the 997
deadlines established by the fund manager. 998
(16) Participation, eligibility, funding amounts, 999
prioritization and administration shall be determined by the 1000
categorical component of the program under which a student or 1001
school district qualifies. No student, parent or school district 1002
may receive funding under more than one (1) categorical component 1003
of the program for the same academic year. 1004
SECTION 6. The following shall be codified as Section 1005
37-190-11, Mississippi Code of 1972: 1006
37-190-11. (1) Subject to legislative appropriation and the 1007
participation limits established in Section 37-190-9, the fund 1008
manager shall deposit funds into a Magnolia Student Account for 1009
each participating student in accordance with the funding category 1010
under which the student qualifies. 1011
(2) For a participating student described in Section 1012
37-190-9(2)(a), the amount deposited into the Magnolia Student 1013
Account for each academic year shall be equal to the student base 1014
amount under the total funding formula for the applicable academic 1015
year. 1016
(3) For a participating student described in Section 1017
37-190-9(2)(b), the amount deposited into the Magnolia Student 1018
Account for each academic year shall not exceed Two Thousand 1019
Dollars ($2,000.00) per participating student; provided that the 1020
total amount deposited for all participating students within the 1021
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same familial household under this subsection shall not exceed 1022
Four Thousand Dollars ($4,000.00) per academic year. 1023
(4) For participating students described in Section 1024
37-190-9(2)(c), the total amount deposited into Magnolia Student 1025
Accounts for all participating students within the same family 1026
shall not exceed One Thousand Dollars ($1,000.00) per academic 1027
year. 1028
(5) Funds deposited into a Magnolia Student Account shall 1029
carry forward from year to year for as long as the student remains 1030
a participating student under this chapter, subject to the 1031
limitations of this chapter. Any interest or other earnings 1032
attributable to unexpended funds within a participating student's 1033
Magnolia Student Account shall be credited to student's account on 1034
a quarterly basis until such time that the student is deem no 1035
longer eligible for participation in the program as determined 1036
under the provisions of Section 37-190-19, at which time any 1037
remaining funds shall revert to the Education Freedom Fund as 1038
prescribed under that section. 1039
(6) Funds deposited into a Magnolia Student Account may be 1040
used only for eligible expenses as defined in Section 37-190-5 and 1041
in accordance with this chapter. Upon a participating student's 1042
graduation from a secondary school or attainment of a high school 1043
equivalency credential, any funds remaining in the Magnolia 1044
Student Account may be used for eligible expenses at a 1045
participating postsecondary educational institution, subject to 1046
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the provisions of Section 37-190-21 and rules promulgated by the 1047
fund manager. 1048
(7) A participating student shall receive funding only in 1049
accordance with the funding category under which the student 1050
qualifies pursuant to Section 37-190-9 and shall not receive 1051
funding in excess of the applicable funding limits set forth in 1052
this section, regardless of the education services or education 1053
service providers utilized by the participating student. 1054
(8) Funds deposited into a Magnolia Student Account shall 1055
not: 1056
(a) Constitute taxable income of the parent or 1057
participating student; 1058
(b) Be treated as income for purposes of determining 1059
eligibility for any other state program; or 1060
(c) Be claimed as a tax credit, deduction, exemption, 1061
or rebate. 1062
(9) Nothing in this section shall be construed to create an 1063
entitlement to funding beyond amounts appropriated by the 1064
Legislature or to require the fund manager to deposit funds in 1065
excess of available appropriations. 1066
SECTION 7. The following shall be codified as Section 1067
37-190-13, Mississippi Code of 1972: 1068
37-190-13. (1) The Equal Opportunity Scholarship for 1069
Students with Special Needs Program, established pursuant to 1070
Section 37-181-1 et seq., shall operate as a separate and 1071
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categorically funded component of the Mississippi Education 1072
Freedom Program. 1073
(2) Notwithstanding any provision of law to the contrary, 1074
administrative oversight and implementation of the Equal 1075
Opportunity Scholarship for Students with Special Needs Program 1076
shall be transferred from the State Department of Education to the 1077
Office of the State Treasurer, effective July 1, 2027. 1078
(3) Except as expressly provided in this section, the Equal 1079
Opportunity Scholarship for Students with Special Needs Program 1080
shall continue to be governed by Section 37-181-1 et seq. 1081
(4) The Office of the State Treasurer shall assume all 1082
duties, responsibilities, and authorities previously assigned to 1083
the State Department of Education under Section 37-181-1 et seq., 1084
that are necessary to administer the Equal Opportunity Scholarship 1085
for Students with Special Needs Program, including, but not 1086
limited to: 1087
(a) Processing and approving applications for eligible 1088
students; 1089
(b) Establishing and administering education 1090
scholarship accounts; 1091
(c) Disbursing funds and overseeing expenditures; 1092
(d) Approving and monitoring participating schools and 1093
education service providers, as applicable; 1094
(e) Ensuring compliance with program requirements; and 1095
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(f) Adopting rules and procedures necessary to 1096
implement the program. 1097
(5) The Office of the State Treasurer may contract with one 1098
or more certified educational assistance organization(s) (CEAO) to 1099
administer any aspect of the Equal Opportunity Scholarship for 1100
Students with Special Needs Program, consistent with the authority 1101
provided in this chapter. 1102
(6) Funds awarded under the Equal Opportunity Scholarship 1103
for Students with Special Needs Program shall be separate and 1104
distinct from Magnolia Student Accounts and from student 1105
portability scholarships and shall not be commingled with funds 1106
awarded under any other categorical component of the Mississippi 1107
Education Freedom Program. 1108
(7) A student who participates in the Equal Opportunity 1109
Scholarship for Students with Special Needs Program shall not 1110
simultaneously receive funding under a Magnolia Student Account or 1111
a student portability scholarship for the same academic year. 1112
(8) Nothing in this section shall be construed to expand or 1113
limit eligibility for the Equal Opportunity Scholarship for 1114
Students with Special Needs Program beyond what is authorized 1115
under Section 37-181-1 et seq., or to create an entitlement to 1116
funding beyond amounts appropriated by the Legislature. 1117
SECTION 8. The following shall be codified as Section 1118
37-190-15, Mississippi Code of 1972: 1119
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37-190-15. (1) Each participating student who receives 1120
funding through a Magnolia Student Account under this chapter 1121
shall annually complete one (1) of the following assessments: 1122
(a) A standardized assessment aligned to the curriculum 1123
of the participating school in which the student is enrolled; 1124
(b) A nationally norm-referenced achievement 1125
assessment; or 1126
(c) A nationally recognized achievement assessment. 1127
(2) The parent of a participating student shall select the 1128
assessment to be administered to the participating student from 1129
among the assessment options authorized under subsection (1) of 1130
this section. 1131
(3) A participating student may satisfy the assessment 1132
requirement of this section by taking the assessment administered 1133
by the participating school in which the student is enrolled, 1134
provided that the assessment meets the requirements of subsection 1135
(1) of this section. 1136
(4) The cost of administering an assessment required under 1137
this section shall be an eligible expense payable from the 1138
participating student's Magnolia Student Account. 1139
(5) The results of the assessment administered pursuant to 1140
this section shall be submitted to the fund manager in a manner 1141
prescribed by the fund manager. At the discretion of a 1142
participating school, the school may submit the assessment results 1143
to the fund manager on behalf of the parent or participating 1144
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student. If a parent chooses to independently submit his or 1145
her child's assessment results, apart from the school doing 1146
so, he or she shall identify the name of the school his or 1147
her child attends in its submission of those results to the 1148
fund manager. 1149
(6) (a) A participating student with a disability for whom 1150
the administration of an assessment described in subsection (1) of 1151
this section is not appropriate, as determined by the parent in 1152
consultation with the participating school or education service 1153
provider, shall be exempt from the assessment requirement of this 1154
section. 1155
(7) The fund manager shall annually compile and publish a 1156
program-level report summarizing academic performance results of 1157
participating students on a statewide basis. The report shall not 1158
include personally identifiable student information. 1159
(8) Nothing in this section shall be construed to: 1160
(a) Require a participating school to administer the 1161
Mississippi statewide assessments; 1162
(b) Subject a participating school to state 1163
accountability ratings; or 1164
(c) Authorize the fund manager to regulate the 1165
educational program, curriculum or instructional methods of a 1166
participating school. 1167
(9) A participating student who is enrolled in a legitimate 1168
home instruction program as categorized under Section 1169
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37-190-9(2)(c) of this chapter shall be exempt from the assessment 1170
requirements of this section. 1171
SECTION 9. The following shall be codified as Section 1172
37-190-17, Mississippi Code of 1972: 1173
37-190-17. (1) To be approved by the fund manager, an 1174
education service provider must: 1175
(a) Provide educational services, instruction, or goods 1176
directly related to the academic or educational needs of a 1177
participating student; 1178
(b) Submit to the fund manager any information required 1179
for implementation and administration of the program including its 1180
address, contact information and a summary of each program or 1181
service it proposes to provide to participating students; 1182
(c) Agree not to refund, rebate or share Magnolia 1183
Student Account funds with a parent or participating student; 1184
(d) Agree to submit annual reports to the office of the 1185
State Treasurer concerning implementation of the program, 1186
including the number of students participating, services provided 1187
and other similar information requested by the fund manager; 1188
(e) Agree not to discriminate based on grounds of race, 1189
color, national origin or economic status in the provision of its 1190
services; 1191
(f) Agree to document amounts received for all 1192
qualifying expenses in a manner prescribed by the fund manager; 1193
and 1194
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(g) Agree not to discriminate against participating 1195
students in setting tuition or fees. 1196
(2) To be approved by the fund manager, in addition to 1197
satisfying the requirements of subsection (1) of this section, a 1198
participating school or participating postsecondary educational 1199
institution must: 1200
(a) Agree to comply with all applicable health and 1201
safety laws or codes; 1202
(b) Hold a valid occupancy permit if required by the 1203
municipality where the school is located; 1204
(c) Agree to comply with all state laws on child 1205
protections and mandatory reporting requirements as applicable; 1206
and 1207
(d) Inform the Office of the State Treasurer of a 1208
participating student's graduation, withdrawal from the school, 1209
misuse of program funds, or other events affecting the student's 1210
eligibility for the program. 1211
(3) Fulfillment of the requirements of subsections (1) and 1212
(2) of this section shall be a requirement of continuing approval 1213
as an education service provider or participating school. Failure 1214
to fulfill such requirements shall constitute grounds for the fund 1215
manager, in its discretion, to suspend or disqualify the education 1216
service provider or participating school from receiving program 1217
funds. 1218
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(4) A public school that becomes an education service 1219
provider under this act shall be given maximum flexibility to 1220
accommodate participating students and may create a process and 1221
establish requirements for accepting, selecting, or limiting the 1222
number of allowable participating students who are not assigned to 1223
that public school, in a manner consistent with the requirements 1224
of Section 37-15-31, relative to student transfers. 1225
(5) No provision of this act shall be construed to require 1226
any public school, school system, or school district or any 1227
nonpublic school, school system, or school district to enroll any 1228
student. 1229
(6) Except as expressly provided in this chapter, neither 1230
the fund manager, the State Department of Education, nor any other 1231
state agency shall regulate, control, or supervise the educational 1232
program, curriculum, instructional materials, teaching methods, 1233
admissions policies, discipline policies, governance, or daily 1234
operations of a participating school or education service 1235
provider. 1236
(7) Participation in the Mississippi Education Freedom 1237
Program shall not be construed to: 1238
(a) Limit or restrict the ability of a participating 1239
school to determine its mission, creed or religious beliefs; 1240
(b) Limit or restrict the ability of a participating 1241
school to establish and apply admissions standards, academic 1242
standards, codes of conduct or disciplinary policies; 1243
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(c) Limit or restrict the ability of a participating 1244
school to employ or contract with individuals who share the 1245
school's mission, creed or religious beliefs; 1246
(d) Require a participating school to administer 1247
statewide assessments required of public schools; or 1248
(e) Subject a participating school or education service 1249
provider to the state accountability system applicable to public 1250
schools. 1251
(8) A participating school that is faith-based may provide 1252
faith-based instruction, religious worship or other religious 1253
activities consistent with its mission and beliefs, and 1254
participation in the program shall not be construed to convert the 1255
school into a public school or state actor. 1256
(9) A participating school or education service provider 1257
shall not be required to alter its creed, religious practices, 1258
admissions policies, hiring practices, curriculum, instructional 1259
materials or instructional methods as a condition of participation 1260
in the Mississippi Education Freedom Program. 1261
(10) Nothing in this chapter shall be construed to permit 1262
discrimination on the basis of race, color or national origin, 1263
consistent with applicable federal law. 1264
(11) Nothing in this chapter shall be construed to make any 1265
education service provider a state actor. 1266
(12) The fund manager may suspend or revoke the approval of 1267
a participating school or education service provider for failure 1268
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to comply with the requirements of this chapter, after notice and 1269
an opportunity to respond. 1270
SECTION 10. The following shall be codified as Section 1271
37-190-19, Mississippi Code of 1972: 1272
37-190-19. (1) On receipt of money distributed by the fund 1273
manager for purposes of making transfers to the accounts of 1274
participating students, a certified educational assistance 1275
organization shall hold that money in trust for the benefit of 1276
students participating in the program and make transfers to the 1277
account of each participating student served by the organization 1278
on a monthly basis during the academic year. 1279
(2) Each year, the fund manager may deduct from the total 1280
amount of money appropriated for purposes of this chapter, an 1281
amount not to exceed three percent (3%) of that total amount, to 1282
cover the fund manager's cost of administering the program, which 1283
shall be utilized to compensate certified educational assistance 1284
organizations for the cost of providing services under this 1285
chapter. 1286
(3) On or before the first day of October and February, a 1287
certified educational assistance organization shall: 1288
(a) Verify with the agency that each participating 1289
student is not enrolled in a school district or charter school in 1290
a manner in which the student is counted toward the district's or 1291
school's average daily membership for purposes of the allocation 1292
of state funding under the total funding formula; and 1293
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(b) Notify the fund manager, if the organization 1294
determines, that a participating student is enrolled in a school 1295
district or charter school in a manner in which the student is 1296
counted toward the district's or school's average daily membership 1297
for purposes of the allocation of state funding under the total 1298
funding formula. 1299
(4) The fund manager by rule shall establish a process by 1300
which a participating parent may authorize the fund manager or a 1301
certified educational assistance organization to make a payment 1302
directly from the participant's account to a preapproved education 1303
service provider or vendor of educational products for an expense 1304
allowed under this act; 1305
(5) On the date on which a student who participated in the 1306
program is no longer eligible to participate in the program under 1307
and payments for any education-related expenses allowed from the 1308
student's account have been completed, the participating student's 1309
account shall be closed and any remaining money returned to the 1310
fund manager for deposit in the program fund. 1311
(6) Each quarter, any interest or other earnings 1312
attributable to undisbursed money held by a certified educational 1313
assistance organization for purposes of the program shall be 1314
remitted to the fund manager for deposit in the Education Freedom 1315
Fund established under Section 37-190-23. 1316
(7) A parent of a participating student shall use funds 1317
deposited into a Magnolia Student Account only for eligible 1318
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expenses as defined in this chapter and in accordance with program 1319
requirements. 1320
(8) The following actions by a parent or participating 1321
student are prohibited and shall constitute grounds for suspension 1322
or closure of a Magnolia Student Account: 1323
(a) Knowingly using Magnolia Student Account funds for 1324
any purpose other than an eligible expense; 1325
(b) Knowingly submitting false, misleading or 1326
fraudulent information in connection with an application for a 1327
Magnolia Student Account or the use of account funds; 1328
(c) Allowing any individual other than the parent or 1329
participating student to use Magnolia Student Account funds; 1330
(d) Failing to comply with the testing requirements 1331
established in Section 37-190-15, unless otherwise excused by the 1332
fund manager; 1333
(e) Enrolling the participating student simultaneously 1334
full time in a public school within the student's resident school 1335
district while receiving Magnolia Student Account funds, except as 1336
otherwise authorized by law; 1337
(f) Intentionally misusing account funds under state 1338
law; 1339
(9) Upon a determination by the fund manager that a 1340
violation of this section has occurred, the fund manager may: 1341
(a) Suspend the Magnolia Student Account pending 1342
further review; 1343
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(b) Close the Magnolia Student Account; 1344
(c) Require the parent to repay any funds that were 1345
improperly expended; or 1346
(d) Refer the matter to the appropriate law enforcement 1347
or prosecutorial authority, if warranted. 1348
(10) Unless the fund manager determines that closure of a 1349
Magnolia Student Account is warranted under subsection (8) of this 1350
section, a Magnolia Student Account shall remain in force, and 1351
shall roll over from month-to-month and from year-to-year with any 1352
interest or other earnings attributable to unexpended funds within 1353
a participating student's MSA to be credited to a student's 1354
account on a quarterly basis: 1355
(a) Until one (1) full calendar year elapses after any 1356
one of the following actions: 1357
(i) A parent withdraws his or her participating 1358
student from the program; 1359
(ii) A participating student graduates from high 1360
school and fails to enroll in a postsecondary program of study or 1361
workforce training program that leads to a degree, industry-based 1362
credential or certification; or 1363
(iii) A participating student ages out of the 1364
program at the end of the school year. 1365
(11) Before permanently closing a Magnolia Student Account 1366
under this section, the fund manager shall provide the parent with 1367
notice of account closure and an opportunity to respond in a 1368
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manner determined by the fund manager. Such notification shall be 1369
sent through certified mail, email, and by telephone, if 1370
applicable. 1371
(12) A Magnolia Student Account that is closed pursuant to a 1372
violation of subsection (8) of this section shall not be reopened 1373
for the participating student, and the student shall be ineligible 1374
to participate in the Magnolia Student Account program in 1375
subsequent academic years, unless the fund manager determines that 1376
mitigating circumstances warrant reinstatement. 1377
(13) Any funds remaining in a Magnolia Student Account at 1378
the time of closure shall revert to the Education Freedom Fund. 1379
(14) Nothing in this section shall be construed to limit the 1380
authority of the fund manager to adopt additional safeguards, 1381
procedures or enforcement mechanisms necessary to ensure program 1382
integrity. 1383
(15) Nothing in this chapter shall change or affect the 1384
athletic eligibility of student-athletes governed by the 1385
Mississippi High School Activities Association, the Midsouth 1386
Association of Independent Schools or similar association. 1387
Additionally, the Mississippi High School Activities Association 1388
nor any similar association shall not establish or enforce any 1389
rule or policy which makes the acceptance of Magnolia Student 1390
Account funds under the provisions of this chapter to be used as 1391
the sole determinative factor of any student's eligibility for 1392
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participation in interscholastic athletic and extracurricular 1393
events governed by the association. 1394
SECTION 11. The following shall be codified as Section 1395
37-190-21, Mississippi Code of 1972: 1396
37-190-21. (1) Notwithstanding any provision of this 1397
chapter to the contrary, a participating student who has graduated 1398
from a secondary school or attained a high school equivalency 1399
credential may use funds remaining in the student's Magnolia 1400
Student Account for eligible postsecondary education or career 1401
credential expenses, subject to the limitations of this section. 1402
(2) Eligible postsecondary education and career credential 1403
expenses under this section shall include, but are not limited to: 1404
(a) Tuition and mandatory fees at a participating 1405
postsecondary educational institution; 1406
(b) Fees for courses, examinations, or training 1407
programs that lead to an industry-recognized credential, 1408
certification, or license; 1409
(c) Fees for examinations required to obtain or 1410
maintain an industry-recognized credential, certification, or 1411
license; and 1412
(d) Instructional materials, equipment, or supplies 1413
required for enrollment in a postsecondary education program or 1414
career credential program, as approved by the fund manager. 1415
(3) Participating postsecondary educational institutions 1416
shall provide courses that lead to a high-wage, high-demand 1417
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certificate or credential or degree that can be obtained 1418
simultaneously with or before high school graduation. 1419
(4) Funds used pursuant to this section shall be paid, at 1420
the direction of the parent, directly to the participating 1421
postsecondary educational institution or other approved education 1422
service provider and shall not be paid directly to the 1423
participating student or parent. 1424
(5) A participating student may use Magnolia Student Account 1425
funds for postsecondary education and career credential expenses 1426
under this section until the earlier of: 1427
(a) Four (4) years after the date of the student's 1428
graduation from secondary school or attainment of a high school 1429
equivalency credential; or 1430
(b) Exhaustion of funds in the student's Magnolia 1431
Student Account. 1432
(6) A participating student who uses Magnolia Student 1433
Account funds pursuant to this section shall not be considered a 1434
participating student for purposes of K-12 participation limits or 1435
funding categories under Section 37-190-9. 1436
(7) Nothing in this section shall be construed to create an 1437
entitlement to postsecondary education or career credential 1438
funding beyond amounts remaining in a participating student's 1439
Magnolia Student Account. 1440
SECTION 12. The following shall be codified as Section 1441
37-190-23, Mississippi Code of 1972: 1442
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37-190-23. (1) There is hereby created in the State Treasury 1443
a special fund to be known as the Education Freedom Fund, which 1444
shall be administered by the Office of the State Treasurer. Monies 1445
in the fund shall be expended by the fund manager upon 1446
appropriation of the Legislature. 1447
(2) The Education Freedom Fund shall consist of: 1448
(a) Monies appropriated to or transferred into the fund 1449
by the Legislature for the purposes of funding ESAs under the 1450
provisions of the Equal Opportunity for Students with Special 1451
Needs Act, established under Sections 37-181-1 et seq.; 1452
(b) Monies appropriated to or transferred into the fund 1453
by the Legislature for the purposes of funding Magnolia Student 1454
Accounts for eligible students described in Section 1455
37-190-9(2)(a) and (b) of this chapter using total funding formula 1456
calculations, for which the total appropriation shall be based 1457
upon calculations of participations caps set forth in this 1458
chapter. 1459
(c) Monies appropriated to or transferred into the fund 1460
by the Legislature for the purposes of funding Magnolia Student 1461
Accounts for eligible students described in Section 37-190-9(2)(c) 1462
of this chapter, which shall not exceed Five Million Dollars 1463
($5,000,000.00); 1464
(d) Monies appropriated to or transferred into the fund 1465
by the Legislature for the purposes of funding student portability 1466
scholarships under the program as provided in 37-15-31. Such 1467
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funding shall not exceed Five Million Dollars ($5,000,000.00) in 1468
any single year of the program. 1469
(e) Monies transferred to the fund from the federal 1470
government, other state agencies or local governments; 1471
(f) Any gifts, grants, donations or other funds 1472
received for purposes of the program or other monies collected by 1473
or for the program to the extent permitted under federal and state 1474
law; 1475
(g) Interest and earnings on monies in the fund, which 1476
shall be credited to the deposit of the fund on a quarterly basis; 1477
and 1478
(h) Any funds required to revert to the Education 1479
Freedom Fund pursuant to this chapter or any other provision of 1480
law. 1481
(3) Monies in the Education Freedom Fund shall be used 1482
solely for the purpose of administering and funding the 1483
categorical components of the Mississippi Education Freedom 1484
Program, including: 1485
(a) Magnolia Student Accounts; 1486
(b) Student portability scholarships administered 1487
pursuant to Section 37-15-31; and 1488
(c) Education Scholarship Accounts administered 1489
pursuant to Section 37-181-1 et seq. 1490
(4) The Office of the State Treasurer shall establish such 1491
accounts, subaccounts and accounting procedures as are necessary 1492
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to ensure that funds allocated to each categorical component of 1493
the Mississippi Education Freedom Program are separately tracked, 1494
accounted for and reported and that funds are expended only for 1495
authorized purposes. 1496
(5) Except as otherwise expressly provided in this chapter, 1497
monies in the Education Freedom Fund shall remain in the fund at 1498
the close of the fiscal year and shall not lapse into the State 1499
General Fund. 1500
(6) The Office of the State Treasurer may promulgate rules 1501
and procedures necessary to administer the Education Freedom Fund 1502
and the Mississippi Education Freedom Program, including rules 1503
related to deposits, disbursements, audits, fraud prevention, 1504
fiscal controls and program integrity. 1505
(7) Nothing in this section shall be construed to create an 1506
entitlement to funding under the Mississippi Education Freedom 1507
Program beyond amounts appropriated by the Legislature, nor to 1508
require the Office of the State Treasurer to expend funds in 1509
excess of available appropriations. 1510
SECTION 13. Section 37-15-31, Mississippi Code of 1972, is 1511
amended as follows: 1512
37-15-31. (1) (a) Except as provided in subsections (2) 1513
through * * * (7) of this section, upon the petition in writing of 1514
a parent or guardian resident of the school district of an 1515
individual student filed or lodged with the president or secretary 1516
of the school board of a school district * * * to which the 1517
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pupil * * * is seeking transfer, individual students living in one 1518
school district * * * may be legally transferred to another school 1519
district, * * * provided that the school board of the school 1520
district to which the transfer is sought consents * * * to receive 1521
the students seeking transfer, which such consent must be given in 1522
writing and spread upon the minutes of * * * the school board of 1523
the transferee school district. 1524
(b) Upon receipt of such notice of petition for 1525
transfer, the school board of the transferee school district shall 1526
act on such request for transfer no later than sixty (60) days of 1527
receipt of the request by the transferee board, and a failure of 1528
such transferee board to act within such time shall constitute an 1529
approval of such request and approved enrollment by the school 1530
board of the transferee school district. If such a transfer is 1531
approved or denied by the school board of the transferee school 1532
district, then such decision shall be final and binding for the 1533
duration of the scholastic year in which such decision was made. 1534
( * * *c) * * * The transferee school district shall 1535
notify, in writing, the school district from which the pupil or 1536
pupils are transferring of the receipt of such transfer request 1537
within a reasonable period of time, and the school board of the 1538
transferor school district shall spread the same upon its minutes. 1539
* * * 1540
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( * * *d) Any legal guardianship formed for the purpose 1541
of establishing residency for school district attendance purposes 1542
shall not be recognized by the affected school board. 1543
(e) The legal transfer of a student under this 1544
subsection shall include a provision for the transportation of the 1545
student by either the parent or legal guardian of the student or 1546
the transferee school district, provided that the transferee 1547
school district does not violate the provision of Section 1548
37-15-29(3), prohibiting the transportation of students in excess 1549
of thirty (30) miles from his or her home. In the absence of such 1550
a provision, the responsibility for transporting the student to 1551
the transferee school district shall be that of the parent or 1552
guardian. 1553
(f) The provisions of this subsection (1) of this 1554
section shall not apply to school-age children whose parent(s) or 1555
legal guardian(s) are active members of the United States Armed 1556
Forces complying with Section 37-15-29(5). 1557
(g) Athletic eligibility for a school-age child who 1558
transfers to another school or school district pursuant to this 1559
subsection shall be determined in accordance with rules and 1560
regulations promulgated by the Mississippi High School Association 1561
governing student eligibility for any athletic extracurricular 1562
activities. 1563
(2) (a) Upon the petition in writing of any parent or 1564
guardian who is a resident of Mississippi and is an instructional 1565
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or licensed employee of a school district, but not a resident of 1566
such district, the school board of the employer school district 1567
shall consent to the transfer of such employee's dependent 1568
school-age children to its district and shall spread the same upon 1569
the minutes of the board. Upon the petition in writing of any 1570
parent or guardian who is not a resident of Mississippi and who is 1571
an instructional or licensed employee of a school district in 1572
Mississippi, the school board of the employer school district 1573
shall consent to the transfer of such employee's dependent 1574
school-age children to its district and shall spread the same upon 1575
the minutes of the board. 1576
(b) The school board of any school district, in its 1577
discretion, may adopt a uniform policy to allow the enrollment and 1578
attendance of the dependent children of noninstructional and 1579
nonlicensed employees, who are residents of Mississippi but are 1580
not residents of their district. Such policy shall be based upon 1581
the employment needs of the district, implemented according to job 1582
classification groups and renewed each school year. 1583
(c) The employer transferee school district shall 1584
notify in writing the school district from which the pupil or 1585
pupils are transferring, and the school board of the transferor 1586
school district shall spread the same upon its minutes. 1587
(d) Any such agreement by school boards for the legal 1588
transfer of a student shall include a provision providing for the 1589
transportation of the student. In the absence of such a provision 1590
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the responsibility for transporting the student to the transferee 1591
school district shall be that of the parent or guardian. 1592
(e) Any school district which accepts a student under 1593
the provisions of this subsection shall not assess any tuition 1594
fees upon such transferring student * * *. 1595
(3) Upon the petition in writing of any parent or legal 1596
guardian of a school-age child who is a resident of an adjacent 1597
school district residing in the geographical situation described 1598
in Section 37-15-29(3), the school board of the school district 1599
operating the school located in closer proximity to the residence 1600
of the child shall consent to the transfer of the child to its 1601
district, and shall spread the same upon the minutes of the board. 1602
* * * The legal transfer of a student under this subsection shall 1603
include a provision for the transportation of the student by 1604
either the * * * parent or legal guardian or the student or the 1605
transferee school district. * * * The responsibility for 1606
transporting the student to the transferee school district shall 1607
be that of the parent or guardian if the transferee school 1608
district does not agree in the consent of transfer, which shall be 1609
spread upon its minutes, to provide transportation for the 1610
student. 1611
* * * 1612
( * * *4) * * * Before September 1 of each year, the board 1613
of trustees of * * * a municipal separate school district shall 1614
certify to the State Department of Education the number of 1615
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students in the added territory of the municipal separate school 1616
district who are transferred to the adjacent school district under 1617
this subsection. The municipal separate school district also 1618
shall certify the total number of students in the school district 1619
residing in the added territory plus the number of those students 1620
who are transferred to the adjacent school district. Based upon 1621
these figures, the department shall calculate the percentage of 1622
the total number of students in the added territory who are 1623
transferred to the adjacent school district and shall certify this 1624
percentage to the levying authority for the municipal separate 1625
school district. The levying authority shall remit to the school 1626
board of the adjacent school district, from the proceeds of the ad 1627
valorem taxes collected for the support of the municipal separate 1628
school district from the added territory of the municipal separate 1629
school district, an amount equal to the percentage of the total 1630
number of students in the added territory who are transferred to 1631
the adjacent school district. 1632
(5) The sibling(s) of any child lawfully transferred in 1633
accordance with this section, may also, at the discretion of their 1634
parent(s) or legal guardian(s), enroll and attend school in the 1635
transferee school district, subject to the provisions of this act. 1636
For purposes of this subsection, the term sibling includes any 1637
biological child, stepchild, adopted child, or foster child in 1638
temporary or permanent placement who resides in the same household 1639
of the parent or legal guardian who has a child lawfully 1640
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transferred to another school district under the provisions of 1641
this section, provided that such sibling is transferred to the 1642
same school district as the previously transferred sibling. The 1643
transferee school district shall have the sole discretion to 1644
determine which school within the school district a student 1645
approved for transfer will be placed. 1646
(6) (a) Each school district shall implement an enrollment 1647
options program as provided in this section. The local school 1648
board of each school district shall adopt policies, in its sole 1649
discretion, to govern the process for enrollment options pursuant 1650
to this section. As a part of its adopted policies on enrollment, 1651
the school board of the receiving district shall develop a 1652
timeline for which applications for transfer shall be received. 1653
The policies shall prohibit discrimination against any pupil on 1654
the basis of his residential address, ability, disability, race, 1655
ethnicity, sex or socioeconomic status. The policies shall be 1656
prominently posted to the school district's website. 1657
(b) In the development of its policies, each school 1658
board shall prohibit an evaluation of whether a pupil should be 1659
enrolled based upon the pupil's academic or athletic performance. 1660
The local school board, in its sole discretion, shall calculate 1661
the capacity for each school within the district in accordance 1662
with subsection (8) of this section. School districts may employ 1663
existing entrance criteria for specialized schools or programs if 1664
the criteria are uniformly applied to all individuals submitting 1665
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transfer requests. This subsection shall not be construed to 1666
prohibit school districts from using academic performance to 1667
determine eligibility for, or placement in, programs for gifted 1668
and talented pupils established under Section 37-23-179. 1669
(7) For students transferring to a school district in which 1670
the student does not reside, the State Department of Education 1671
shall pay to the transferee school district (receiving school 1672
district) to which the student is transferred an amount equal to 1673
the total funding formula funds, allocated for each student 1674
transferring to a school district outside his or her district of 1675
residence. The amount of funds payable to the receiving school 1676
district by the department must be based on the local school 1677
district of residence's previous year's enrollment data, 1678
determined by using months one (1) through nine (9) average daily 1679
membership, as reported to the State Department of Education by 1680
the transferor local school district. Any such payments made 1681
under this subsection (5) by the State Department of Education to 1682
a receiving school district must be made two (2) business days 1683
prior to the last working day of each month. There shall be paid 1684
to a receiving school district, by electronic funds transfer, 1685
one-twelfth (1/12) of the funds to which the receiving school 1686
district is entitled from funds appropriated for the total funding 1687
formula program fund, or any subsequent funding program which 1688
replaces such program fund, for each child transferred to such 1689
school district under the authority of this section. However, in 1690
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December those payments shall be made on December 15 or the next 1691
business day after that date. If a student transfer occurs after 1692
the start date of the scholastic year, the department shall not 1693
make any distribution of payments to the receiving school district 1694
until such time that the receiving school district certifies the 1695
enrollment of the transfer student to the department, which shall 1696
then only make payments to the receiving school district for such 1697
student for the remainder of the scholastic year as a 1698
proportionate share of the one-twelfth (1/12) of funds to which 1699
the receiving school district is entitled. 1700
(8) (a) In determining the capacity for each school within 1701
the school district pursuant to subsection (6)(b) each school 1702
district shall, in its sole discretion, determine the maximum 1703
enrollment for each grade level for each school within the 1704
district. The school district's enrollment options program, 1705
including capacity and grade level enrollment levels, determined 1706
by the school district shall be published on the school district's 1707
website at a reasonable time before the start of the academic 1708
school year. The school district's decision on enrollment levels 1709
shall be final and binding. 1710
(b) Not less than two (2) times during the school year, 1711
each school district shall publicly post on its website the 1712
capacity for each school within the school district as determined 1713
pursuant to subsection (6)(b) and the maximum enrollment for each 1714
grade level for each school as determined pursuant to paragraph 1715
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(a) of this subsection. A school district that does not meet the 1716
minimum sample size necessary to prevent unlawful release of 1717
personally identifiable student data established pursuant to 1718
subsection (10) of this section is not subject to the publication 1719
requirements pursuant to this subsection. 1720
(c) Not less than two (2) times during the school 1721
year, every school district shall report to the state reporting 1722
system the capacity for each school within the school district as 1723
determined pursuant to subsection (6)(b) and the maximum 1724
enrollment for each grade level for each school as determined 1725
pursuant to paragraph (a) of this subsection, the number of 1726
transfer requests, the number of accepted transferred pupils and 1727
the number of denied transfer requests. 1728
(9) By August 1 of each year, the State Board of Education 1729
shall collect, analyze and publish to its website the capacity and 1730
transfer data from each school district from the previous year. 1731
The report shall include the number of participants, the number of 1732
denied requests, and other relevant information. The board shall 1733
also report this information to the Legislature no later than 1734
December 31 of each year. 1735
(10) The State Board of Education shall not publish or 1736
release data of a school district if the number of students who 1737
requested a transfer is less than the minimum sample size 1738
necessary for prevention of the unlawful release of personally 1739
identifiable student data. The board shall establish the minimum 1740
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number of students necessary to meet the requirements of this 1741
subsection. 1742
(11) The provisions of this section shall not supersede any 1743
provision of an enforceable desegregation court order or a 1744
court-approved desegregation plan. 1745
(12) The receiving school district shall identify each 1746
student it accepts into its district under the transfer authority 1747
of this section and report that data to the State Department of 1748
Education by category of student name, grade classification, grade 1749
point average, gender and ethnicity. The department shall then 1750
compile this data by district, redacting all personally 1751
identifying information of students to prevent any student privacy 1752
violations, and submit an annual report of this information to 1753
each member of the Legislature. 1754
(13) In addition to any other authority provided in this 1755
section, a receiving school district that enrolls a student who 1756
resides outside the district pursuant to this section may apply to 1757
the Office of the State Treasurer for a student portability 1758
scholarship under the Mississippi Education Freedom Program, 1759
subject to the following conditions: 1760
(a) Before applying for a student portability 1761
scholarship under the Education Freedom Program and the 1762
authority granted under this section to do so, the receiving 1763
district shall request from the school district in which the 1764
student resides the funding attributable to each student 1765
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accepted for enrollment, as determined by the State 1766
Department of Education in accordance with Section 1767
37-151-211(2)(b) and Section 37-57-105; 1768
(b) If, for any reason, the school district in which 1769
the student resides does not provide the receiving district with 1770
the funding requested by the receiving district pursuant to 1771
paragraph (a) of this subsection, the receiving district may apply 1772
to the fund manager for a student portability scholarship; 1773
(c) A student portability scholarship may be awarded 1774
only upon application by the receiving school district and shall 1775
not be requested, directed or controlled by the student or the 1776
student's parent; 1777
(d) The amount of a student portability scholarship 1778
awarded for an eligible transfer student shall be limited to the 1779
lesser of: 1780
(i) The receiving school district's 1781
out-of-district transfer tuition rate; 1782
(ii) The portion of the local contribution that 1783
does not follow the student under the Mississippi Student Funding 1784
Formula; or 1785
(iii) Two Thousand Dollars ($2,000.00); 1786
(e) Student portability scholarships shall be awarded 1787
at the discretion of the Office of the State Treasurer and shall 1788
be subject to the availability of funds in the Education Freedom 1789
Fund; 1790
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(f) Student portability scholarships shall be awarded 1791
on a first-come, first-served basis; 1792
(g) Funds awarded under this subsection shall be paid 1793
directly to the receiving school district and shall be used solely 1794
to offset local funding that does not follow the student; 1795
(h) A receiving school district that receives a student 1796
portability scholarship on behalf of a transfer student shall not 1797
charge, assess or collect from the student or the student's parent 1798
any additional tuition, fee, or charge related to the student's 1799
enrollment that exceeds amounts otherwise authorized under this 1800
section; and 1801
(i) Nothing in this subsection shall be construed to 1802
create an entitlement to a student portability scholarship or to 1803
require the Office of the State Treasurer to award funds in excess 1804
of available appropriations. 1805
SECTION 14. (1) This section shall be known and may be 1806
cited as the "Tim Tebow Act." 1807
(2) As used in this section, the following words and phrases 1808
have the meanings ascribed in this subsection unless the context 1809
clearly indicates otherwise: 1810
(a) "Homeschool" means a legitimate home instruction 1811
program, as described under Section 37-13-91(3). 1812
(b) "Interscholastic extracurricular activity" means 1813
any school-authorized sport or activity sanctioned by the 1814
Mississippi High School Activities Association. 1815
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(c) "Appropriate documentation" means: 1816
(i) The results of a nationally recognized 1817
standardized test or its equivalent as determined by the State 1818
Department of Education; 1819
(ii) A portfolio of the student's school work from 1820
the previous year demonstrating the student's proficiency 1821
appropriate for the student's grade level, as determined in the 1822
discretion of the school principal or counselor; or 1823
(iii) If the student was enrolled in a public, 1824
private, parochial or charter school during the preceding school 1825
year, records evidencing the student's eligibility based on the 1826
student's academic success at that school. 1827
(3) (a) A student enrolled in a homeschool is eligible to 1828
participate in interscholastic extracurricular activities 1829
sponsored or engaged in by the school accredited by the State 1830
Department of Education to which the student would be assigned 1831
according to the attendance policies adopted by the school board 1832
of the school or local school district. A homeschool student who 1833
leaves a school accredited by the State Department of Education 1834
during the school year is subject to the transfer protocols that 1835
apply to transfers from one (1) school accredited by the State 1836
Department of Education to such school. A student who is eligible 1837
under this section and selected to participate in an 1838
extracurricular activity must: 1839
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(i) Adhere to the same standards of behavior, 1840
responsibility, performance and code of conduct as other 1841
participants in the extracurricular activity; 1842
(ii) Adhere to the same academic standards as 1843
other participants, with those standards confirmed by appropriate 1844
documentation provided by the student to the school accredited by 1845
the State Department of Education providing the extracurricular 1846
activity in which the student participates. However, if the 1847
documentation provided gives the local school board reasonable 1848
suspicion that the documentation is false in its claims of 1849
satisfaction of academic standards and grade placement the student 1850
may be administered a grade-level placement examination; 1851
(iii) Register with the school the student's 1852
intent to participate in the extracurricular activity as a 1853
representative of the school before the beginning date of the 1854
semester during which the extracurricular activity in which the 1855
student wishes to participate is offered; and 1856
(iv) Comply with the same physical examination, 1857
immunization, insurance, age and semester eligibility requirements 1858
as other students participating in the extracurricular activity. 1859
(b) Transportation of a student being educated in a 1860
homeschool to a school accredited by the State Department of 1861
Education to participate in interscholastic extracurricular 1862
activities is the responsibility of the parent, guardian or 1863
student. The student may use the same transportation as other 1864
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students so long as additional expenses are not incurred by the 1865
school district. 1866
(c) In selecting the members of an interscholastic 1867
extracurricular team, a school accredited by the State Department 1868
of Education shall not discriminate against a student being 1869
educated in a homeschool who is eligible to participate under this 1870
section. 1871
(4) Participation in an interscholastic extracurricular 1872
activity is a privilege and not a right. Nothing in this act 1873
shall be interpreted to create a cause of action on behalf of a 1874
student against a school accredited by the State Department of 1875
Education or official of such school or against an interscholastic 1876
extracurricular activities association. 1877
(5) With respect to a homeschool student's education 1878
program, nothing in this section shall be construed to permit an 1879
agency of the state, a school accredited by the State Department 1880
of Education or any other governmental body to exercise control, 1881
regulatory authority or supervision over a homeschool student or 1882
parent or person standing in parental relation to a homeschool 1883
student beyond the control, regulatory or supervision required to 1884
participate in league activity. 1885
SECTION 15. (1) Sections 15 through 25 of this act shall be 1886
known and may be cited as the "Adolescent Literacy Initiative." 1887
(2) It is the intent of the Legislature that each student's 1888
progression from one grade to another be determined, in part: 1889
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upon proficiency in reading and writing; that district school 1890
board policies facilitate reading instruction and intervention 1891
services to address student reading and writing needs; and that 1892
each student and his or her parent or guardian be informed of that 1893
student's progress. 1894
The fundamental goal of an education system is to enable each 1895
student to develop the skills necessary for success in school and 1896
life. The Nation's Report Card reflects no statistically 1897
significant improvement in Grade 8 National Assessment of 1898
Educational Progress (NAEP) Reading scores in thirty (30) years, 1899
from 1992 through 2024, with one-third (1/3) of the nation's 1900
eighth grade students reading below the basic level. It is the 1901
ultimate goal of this Legislature that every student becomes a 1902
skilled reader through: (i) the implementation of evidence-based 1903
reading instruction, which has been proven to accelerate the 1904
progress of all students, including those exhibiting a reading 1905
deficiency; and (ii) the coordinated integration of content areas 1906
in text reading, text discussion, and writing in response to 1907
reading. 1908
Therefore, the Legislature finds that it is essential for a 1909
system of supports to be provided for students in middle grades 1910
who continue to demonstrate difficulty with foundational reading 1911
and writing skills. 1912
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SECTION 16. As used in Sections 15 through 25 of this act, 1913
the following terms shall have the meanings ascribed in this 1914
section, unless the context of use clearly requires otherwise: 1915
(a) "Science of reading" refers to the large body of 1916
evidence that informs how proficient reading and writing develop; 1917
why some students have difficulty; and how educators can most 1918
effectively assess, teach and, therefore, improve student outcomes 1919
through prevention of and intervention for reading difficulties. 1920
(b) "Three-cueing system" is any model of teaching 1921
students to read based on meaning, structure and syntax, and 1922
visual cues, which may also be known as "MSV". This model is 1923
antiquated, misaligned with the science of reading, and largely 1924
ineffective, especially for students with dyslexia. 1925
(c) "System of assessments" means a comprehensive 1926
assessment system which provides screening, diagnostic, and 1927
summative assessments for use in a school district or charter 1928
school. The system of assessments shall assess key indicators of 1929
reading success, including word recognition, vocabulary, fluency 1930
and comprehension. 1931
(d) "Universal screener" means an assessment that is 1932
administered three (3) times per year (beginning, middle, and end) 1933
to identify or predict students who may be at risk for reading 1934
failure and is typically brief and conducted with all students at 1935
a particular grade level. 1936
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(e) "Multi-Tiered System of Support (MTSS)" is a 1937
framework for supporting and increasing academic, behavioral, and 1938
social-emotional outcomes for all students. 1939
(f) "High-Quality Instructional Materials (HQIM)" 1940
refers to instructional curricula and intervention programs, 1941
including, but not limited to, textbooks, teacher guides and 1942
supplemental materials, that are grounded in the science of 1943
reading and evidenced-based research approaches which help all 1944
students achieve grade level learning goals. HQIM incorporates 1945
best practices for building skills essential to reading, follow a 1946
sequential order of lessons which are explicit, systematic, and 1947
cumulative, contain challenging texts that build student 1948
background knowledge, support academic language development, and 1949
critical thinking skills across core content areas, and are 1950
aligned to a state's academic standards. These materials are 1951
rigorous, comprehensive and regularly reviewed and updated to 1952
align to research and best practices. They also provide 1953
curriculum-specific professional development that prepares 1954
teachers to effectively plan and prepare lessons and assessments, 1955
differentiate instruction and monitor student progress. 1956
(g) "Evidence-based" references instructional 1957
strategies or practices with clear and convincing proof from 1958
scientifically based research studies which have been 1959
peer-reviewed. 1960
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(h) "Scientifically based reading research" applies 1961
rigorous, systematic, and objective methods to gain knowledge from 1962
multiple disciplines to understand how children learn to read, 1963
strategies and methods which can be used to teach children to 1964
read, and how they can overcome reading difficulties. 1965
(i) "Department" is the State Department of Education. 1966
(j) "Dyslexia" is a specific learning disability that 1967
is neurobiological in origin. Dyslexia is characterized by 1968
difficulties with accurate and fluent word recognition and poor 1969
spelling and decoding abilities. These difficulties typically 1970
result from a deficit in the phonological component of language 1971
that is often unexpected in relation to other cognitive abilities 1972
and the provision of effective classroom instruction. Secondary 1973
consequences may include problems in reading comprehension and 1974
reduced reading experience that can impede growth of vocabulary 1975
and background knowledge. 1976
(k) "Dyslexia screening" is a brief assessment which 1977
measures critical skills which identify potential risks and is a 1978
predictor of future reading success. 1979
(l) "Comprehensive dyslexia evaluation" is the process 1980
of gathering information to identify factors contributing to a 1981
student's difficulty learning to read and spell. An evaluation 1982
encompasses identification, screening, testing, diagnosis and all 1983
the other information gathering involved when the student, his or 1984
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her family, and a team of professionals work together to determine 1985
why the student is having difficulty. 1986
(m) "Dyslexia diagnosis" is a clear diagnostic 1987
statement included in a written evaluation report to document the 1988
presence of dyslexia. The evaluation is conducted by a 1989
professional psychologist, psychometrist, or speech-language 1990
pathologist. 1991
(n) "Structured literacy" is an evidence-based approach 1992
to teaching oral and written language aligned to the science of 1993
reading. It is based on the science of how kids learn to read and 1994
is characterized by direct explicit, systematic, sequential, 1995
cumulative, and diagnostic instruction in phonology, phonemic 1996
awareness, sound-symbol association, syllable instruction, 1997
morphology, syntax and semantics. 1998
(o) "Reading intervention" includes evidence-based 1999
strategies from scientifically based reading research frequently 2000
used to improve reading where deficiencies exist and includes, but 2001
is not limited to, individual instruction, multisensory 2002
approaches, dyslexia therapy, tutoring, mentoring, or the use of 2003
technology that targets specific reading skills and abilities. 2004
(p) "Accommodations" allow a student to complete the 2005
same assignment or test as other students, but with a change in 2006
the timing, formatting, setting, scheduling, response and 2007
presentation. Accommodation is provided for both testing and 2008
instruction and changes the way students access information and 2009
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demonstrate their knowledge, skills and abilities without lowering 2010
learning or performance expectations and without changing academic 2011
standards or what is being measured. The purpose is to ensure 2012
equal access to the full school experience for students with 2013
dyslexia or other learning disabilities (e.g., providing extended 2014
exam time for a student who has slow processing speed affecting 2015
academic fluency). Accommodation does not change the content of 2016
instruction, give students an unfair advantage, or change the 2017
skills or knowledge that a test measures. 2018
(q) "Educator Preparation Program" or "EPP" means any 2019
program that prepares individuals for certification as educators, 2020
school administrators, or other school personnel. 2021
(r) "Content area teacher" includes all subject area 2022
teachers. 2023
(s) "Multilingual students" include newcomers or 2024
students with limited or interrupted education. 2025
SECTION 17. The department shall provide a system of support 2026
for school and district instructional leaders, content area 2027
teachers, literacy coaches, dyslexia therapists, interventionists, 2028
tutors, and other identified personnel across content areas of 2029
fourth, fifth, sixth, seventh and eighth grade students to ensure 2030
that they have the knowledge and skills to support students with 2031
reading difficulties. The system of support shall include: 2032
(a) Professional learning for district instructional 2033
leaders, principals, school level literacy leaders, content area 2034
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teachers, special education teachers, literacy coaches, dyslexia 2035
therapists, interventionists, tutors, ELL teachers and other 2036
identified personnel across content areas of fourth, fifth, sixth, 2037
seventh and eighth grade students on the following: 2038
(i) Comprehensive training grounded in the science 2039
of reading to ensure all teachers have the knowledge and skills to 2040
support a range of students with diverse needs, students with 2041
reading difficulties, multilingual students, and students with 2042
characteristics of or diagnosis of dyslexia, including: 2043
1. Explicit, systematic, developmentally and 2044
age-appropriate instruction in phonological awareness, the 2045
alphabetic principle, oral language development, decoding, 2046
encoding, fluency including accuracy, morphology – including 2047
morphological awareness and etymology, vocabulary, syntax, 2048
comprehension and building content knowledge; 2049
2. Strategies to increase educator knowledge 2050
of reading and writing basics for students in Grades 4 through 8; 2051
3. Evidence-based strategies for motivating 2052
and engaging adolescent learners; 2053
4. Scientifically researched and 2054
evidenced-based reading strategies for accommodations and 2055
scaffolding instruction for struggling readers and writers; and 2056
5. Approaches to assist educators in 2057
determining causes of reading difficulties, including dyslexia, 2058
and other learning differences, for students in Grades 4 through 8 2059
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and how word reading, vocabulary, content knowledge, comprehension 2060
and writing are affected; and 2061
(ii) The department-approved assessment system 2062
selected by school districts to ensure teachers have the knowledge 2063
and skills to administer the assessment and use the assessment 2064
data to inform instruction based on student needs (i.e., universal 2065
screening, diagnostic screening, summative assessment); 2066
(b) Job-embedded coaching support for teachers of 2067
Grades 4 through 8 that shall include the following: 2068
(i) Provide on-site teacher training on 2069
evidence-based reading strategies and data-based decision making; 2070
(ii) Demonstrate lessons; 2071
(iii) Co-teach and/or observe teaching; 2072
(iv) Provide immediate feedback for improvement; 2073
and 2074
(v) Provide support to teachers and administrators 2075
in data-based decision making; and 2076
(c) Educator preparation programs that equip candidates 2077
seeking certification for elementary, special education and 2078
secondary education with training and instruction to: 2079
(i) Effectively teach reading aligned to 2080
scientifically researched and evidenced-based reading instruction, 2081
including explicit and systematic instruction in phonological 2082
awareness, the alphabetic principle, decoding, encoding, fluency, 2083
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morphology including etymology, syntax, vocabulary, comprehension 2084
and building content knowledge; 2085
(ii) Implement reading instruction using 2086
high-quality instructional materials; 2087
(iii) Provide training on the identification of 2088
students not reading on grade level, the selection of appropriate 2089
interventions, and effective instruction and interventions for a 2090
range of students with diverse needs, including multilingual 2091
students, students with characteristics of dyslexia, or diagnosed 2092
with dyslexia; 2093
(iv) Understand and use student data to make 2094
instructional decisions; and 2095
(v) Incorporate literacy instruction across 2096
content areas. 2097
SECTION 18. (1) State standards for literacy in 2098
kindergarten through Grade 8 shall align with evidence-based 2099
strategies and scientifically based reading research, and all 2100
students shall have access to high-quality Tier 1 core instruction 2101
that is differentiated to meet students' diverse needs. 2102
(2) The State Department of Education shall develop a list 2103
of High-Quality Instructional Materials (HQIM) core literacy 2104
curricula, interventions and supplemental materials aligned with 2105
scientifically researched and evidenced-based reading instruction 2106
and state standards for use in districts for students in Grades 4 2107
through 8. Standards, as well as HQIM, shall be designed to 2108
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address word recognition and language comprehension skills, build 2109
background knowledge and expand students' knowledge across content 2110
areas. Balanced literacy, including, but not limited to, the 2111
three-cueing systems model, which research shows is inconsistent 2112
with scientifically based reading instruction and the science of 2113
reading, shall not be used to teach reading in Mississippi public 2114
schools, state agencies or by anyone who receives state funding. 2115
The list shall be approved by the State Board of Education. 2116
(3) The department shall provide an approved list of one or 2117
more reliable and valid reading assessment systems for school 2118
district use for screening and monitoring student progress toward 2119
becoming a skilled reader. The reading assessment system shall: 2120
(a) Provide a screener to be administered three (3) 2121
times per year (beginning, middle, and end) with progress 2122
monitoring capabilities and a diagnostic tool to support teachers 2123
with targeting instruction based on student needs; 2124
(b) Measure, at a minimum, fluency and comprehension; 2125
and 2126
(c) For students who demonstrate difficulty with these 2127
skills, additional diagnostic screening in foundational skills 2128
(phonological awareness and phonics) is provided to identify 2129
specific skill deficits. 2130
(4) In determining which assessment systems to approve for 2131
use by school districts, the department shall also consider, at a 2132
minimum, the following factors: 2133
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(a) The time required to conduct the assessment, with 2134
the intention of minimizing the impact on instructional time; 2135
(b) The availability of accommodation for students with 2136
specialized plans; 2137
(c) The timeliness in reporting assessment results to 2138
teachers, administrators, and parents; and 2139
(d) The integration of assessment and instruction the 2140
system provides. 2141
(5) Districts shall offer reading intervention services to 2142
each fourth, fifth, sixth, seventh, and eighth grade student who 2143
exhibits deficiencies in reading based upon the approved literacy 2144
screener administered within the first thirty (30) days of school, 2145
middle of the year, and end of the year and subsequently 2146
administered diagnostics to inform targeted interventions. 2147
Reading intervention shall be provided to struggling students in 2148
addition to core reading instruction that is provided to all 2149
students in the general education classroom. School districts 2150
should adhere to the MTSS guidance process for Mississippi and 2151
shall consider multiple data points. These services shall: 2152
(a) Ensure that all students in Grades 4 through 8 who 2153
are identified with reading deficiencies, as determined by the 2154
department, must be provided with appropriate interventions. This 2155
includes students who meet the approved assessments system cut 2156
scores, fourth grade students promoted from third grade with a 2157
good cause exemption, students receiving special education 2158
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services, students diagnosed with or showing characteristics of 2159
dyslexia, and multilingual learners; 2160
(b) Ensure the determination for the need for 2161
intervention will be made by the examination of multiple data 2162
points, including a diagnostic assessment within the first thirty 2163
(30) days of school; 2164
(c) Provide explicit and systematic instruction in age 2165
and developmentally appropriate phonological awareness, phonics 2166
including decoding and encoding, fluency, vocabulary, morphology 2167
and comprehension, as applicable; 2168
(d) Provide explicit and systematic reading strategies 2169
to develop reading strategies in phonemic awareness, phonics, 2170
fluency, vocabulary, and comprehension, with more extensive 2171
opportunities for guided practice, error correction and feedback; 2172
(e) Monitor the reading progress of each student's 2173
reading skills throughout the school year and provide 2174
differentiated instruction based on screening, diagnostic and 2175
progress monitoring to adjust instruction to meet students' 2176
specific needs; 2177
(f) Be implemented during regular school hours in 2178
addition to any offerings provided before, during or after school 2179
with a trained educator; 2180
(g) Be implemented by a reading specialist, dyslexia 2181
therapist, interventionist or school-based coach who shall have 2182
training in scientifically researched and evidenced-based reading 2183
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instruction, fidelity to the selected intervention and 2184
evidence-based literacy instruction practices; and 2185
(h) Be age and developmentally appropriate 2186
interventions should primarily be delivered by a trained educator. 2187
If technology is used, it will serve as supplemental support. 2188
(6) Local school boards, in collaboration with district 2189
literacy leaders, shall develop and implement programs of 2190
prevention, intervention, or remediation for students who are 2191
educationally at-risk including, but not limited to, those who 2192
fail to achieve a passing score on the English-Language Arts state 2193
summative assessment in Grades 3 through 8, multilingual students 2194
and students who show characteristics of or diagnosed with 2195
dyslexia in middle grades. Such programs shall include strategies 2196
and methods that are proven through scientifically researched and 2197
evidence-based instruction. Local school boards shall also 2198
implement programs in Grades 4 through 8 to enhance success. 2199
(7) Each local school board shall employ at least one (1) 2200
reading specialist, interventionist, and/or dyslexia therapist in 2201
any school serving fourth, fifth, sixth, seventh or eighth grade 2202
students. Each such reading specialist shall be required to 2203
participate in professional learning grounded in the science of 2204
reading to include: 2205
(a) Training in the identification of and the use of 2206
appropriate interventions, accommodations and teaching techniques 2207
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for students with dyslexia or a related reading disorder and shall 2208
serve as an advisor on dyslexia and related reading disorders; and 2209
(b) State approved training on the definition of 2210
dyslexia and knowledge of: 2211
(i) Techniques to help a student with dyslexia on 2212
the continuum of skills; 2213
(ii) Dyslexia characteristics that may manifest at 2214
different ages and grade levels; 2215
(iii) The basic foundational keys to reading, 2216
including direct, explicit, sequential, systematic and 2217
multisensory and multimodal reading instruction; and 2218
(iv) Appropriate interventions, accommodations and 2219
assistive technology support for students with dyslexia. 2220
SECTION 19. Any fourth, fifth, sixth, seventh or eighth 2221
grade student who exhibits deficiencies in reading at any time, 2222
based upon the vetted and approved assessment system, shall 2223
receive an individual reading plan no later than thirty (30) days 2224
after the identification of the reading deficiency. The 2225
individual reading plan shall be created by the teacher, 2226
interventionist, principal, other pertinent school personnel and 2227
the parent or legal guardian, and shall describe the 2228
scientifically researched and evidenced-based reading intervention 2229
services the student shall receive to remedy the reading deficit. 2230
If at all possible, students and parents should have a voice in 2231
scheduling decisions especially when changes affect classes or 2232
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electives the student values. Each student shall receive 2233
intensive reading intervention until the student no longer has a 2234
deficiency in reading as determined by multiple data points, 2235
including an approved literacy screener, diagnostic assessment, 2236
and the state's summative assessment. The individual reading plan 2237
shall follow the template provided by the department and include 2238
the documentation of reading intervention services and strategies 2239
outlined within the MTSS Guidance Document, which, at a minimum, 2240
shall include: 2241
(a) The student's specific deficiencies in reading as 2242
determined or identified by diagnostic assessment data or the 2243
literacy screener provided or approved by the department; 2244
(b) The goals and benchmark cut scores for student 2245
growth in reading; 2246
(c) A description of the specific measures that will be 2247
used to evaluate and monitor the student's reading progress; 2248
(d) The alignment to an Individualized Education Plan 2249
(IEP) for students who receive special education services; 2250
(e) The specific evidence-based literacy instruction 2251
that the student will receive; 2252
(f) The strategies, resources, and materials that will 2253
be provided to the student's parent or guardian to support their 2254
student at home in making reading progress; 2255
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(g) Any additional services the teacher deems available 2256
and appropriate to accelerate the student's reading development; 2257
and 2258
(h) May include the following services for the student: 2259
instruction from a reading specialist, dyslexia therapist, trained 2260
paraprofessional, or classroom teacher with support from an aide, 2261
extended instructional time in the school day or school year, or, 2262
for students in Grades 6 through 8, a literacy course, in addition 2263
to the required core English-Language Arts course, that provides 2264
the specific evidence-based literacy instruction identified in the 2265
student's reading plan. 2266
SECTION 20. The parent of any student in fourth, fifth, 2267
sixth, seventh or eighth grade who exhibits deficiencies in 2268
reading at any time during the school year shall be notified in 2269
writing within ten (10) business days after the identification of 2270
the reading deficiency, and the written notification shall be made 2271
available in the parent's home language, follow the template 2272
provided by the department, and include the following: 2273
(a) That his or her child has been identified as having 2274
deficiencies in reading, and an individual reading plan will be 2275
developed by the teacher(s), interventionist, dyslexia therapist, 2276
principal, other pertinent school personnel and the parent or 2277
legal guardian; 2278
(b) A description of the current services that are 2279
provided to the student; 2280
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(c) A description of the proposed interventions and 2281
supplemental instructional services or dyslexia therapy which are 2282
from scientifically researched and evidenced-based reading 2283
instruction and supports that will be provided to the child that 2284
are designed to remedy the identified area(s) of reading 2285
deficiency; 2286
(d) Notification that the parent will be informed in 2287
writing of their child's progress towards becoming a skilled 2288
reader with each progress report; and 2289
(e) Strategies for parents to use at home to help their 2290
child succeed in reading. 2291
SECTION 21. (1) Any incoming student in fourth, fifth, 2292
sixth, seventh and eighth grades identified with deficiencies in 2293
reading shall be provided with supplemental or intensive 2294
interventions dependent upon the severity of the deficit skills to 2295
address his or her specific deficiency. Intervention services 2296
shall include effective instructional strategies to accelerate 2297
student progress and be delivered by a reading teacher, reading 2298
specialist, dyslexia therapist or an interventionist who has 2299
received intensive training in remediation of reading difficulties 2300
and fidelity to the selected intervention curriculum. The 2301
district shall provide the following: 2302
(a) Access to a reading teacher, reading specialist, 2303
dyslexia therapist, or interventionist who has received intensive 2304
training in remediation of reading difficulties; and 2305
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(b) Reading intervention services and supports from a 2306
vetted and approved list to address the identified area(s) of 2307
reading deficiency, including, but not limited to: 2308
(i) Use of reading strategies and/or programs that 2309
are verified by scientifically and evidenced-based research and 2310
have proven results in accelerating student reading achievement 2311
within the same school year; 2312
(ii) Prescribed targeted small group reading 2313
intervention or dyslexia therapy based on student needs, including 2314
explicit and systematic instruction with detailed explanations, 2315
extensive opportunities for guided practice, and opportunities for 2316
error correction and feedback; and 2317
(iii) Scheduled progress monitoring throughout the 2318
time in which the student is in intervention to adjust instruction 2319
according to student needs. 2320
(2) Summer school remediation programs or other forms of 2321
remediation appropriate to the academic needs of the students may 2322
be offered to students based on the results of the universal 2323
screener, diagnostic assessment, intervention progress monitoring 2324
data and ELA state summative assessment. Summer school 2325
remediation shall not be used to promote a student who failed the 2326
grade level prior to summer school. 2327
(3) A Read-at-Home plan shall be provided in the family's 2328
home language by the district which includes strategies for 2329
parents to use at home to help their child succeed in reading. 2330
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SECTION 22. (1) (a) The school district shall conduct an 2331
annual review of individual reading plans during the first twenty 2332
(20) days of school for students who had a plan from the previous 2333
school year. The review shall assess the effectiveness of prior 2334
interventions, and any additional support and services needed to 2335
address the identified areas of reading deficiency. This may 2336
include supplemental, scientifically-researched and 2337
evidenced-based reading interventions provided before or after 2338
school by a teacher or tutor with specialized reading training. 2339
(b) Current screener and diagnostic data shall be used 2340
to determine continued reading intervention support. 2341
(2) Each local school board shall annually report in writing 2342
to the department and publish on its website by October 1 of each 2343
year, the following information on the prior school year: 2344
(a) By grade, the number and percentage of all students 2345
in Grades 4 through 8 performing below grade level on local or 2346
statewide assessments; 2347
(b) By grade, the number and percentage of students in 2348
Grades 4 through 8 who received supplemental or intensive reading 2349
intervention the previous year; 2350
(c) By grade, the number and percentage of students in 2351
Grades 4 through 8 who had an individual reading plan but no 2352
longer qualify for them; 2353
(d) By grade, the number and percentage of students 2354
retained in kindergarten through Grade 8; and 2355
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(e) By grade, the number and percentage of students 2356
retained in Grades 4 through 8 who have an individual reading 2357
plan. 2358
SECTION 23. (1) The department shall provide a uniform 2359
format for school districts to report the required information no 2360
later than ninety (90) days prior to the annual due date. 2361
(2) The department shall provide guidance and technical 2362
assistance to aid school districts in implementing Sections 15 2363
through 25 of this act. 2364
SECTION 24. Education preparation programs shall require all 2365
candidates graduating from educator preparation programs in the 2366
State of Mississippi in the areas of social studies, science, and 2367
English-Language Arts Education for Grades 4 through 8 shall be 2368
required to successfully complete AIM Pathways to Proficient 2369
Reading training or an equivalent reading training program 2370
approved by the State Department of Education before 2371
certification. 2372
SECTION 25. (1) The State Board of Education shall have 2373
authority to enforce Sections 15 through 25 of this act. 2374
(2) The Legislature shall allocate sufficient funding for 2375
the implementation of Sections 15 through 25 of this act. 2376
SECTION 26. Sections 26 through 38 of this act shall be 2377
known and may be cited as the "Mississippi Math Act." 2378
SECTION 27. (1) The Legislature finds that: 2379
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(a) Early numeracy and fluency with whole-number 2380
operations, decimals and fractions are foundational to secondary 2381
mathematics; 2382
(b) Sustained, job-embedded mathematics coaching 2383
improves teacher practice and student outcomes; 2384
(c) Systematic screening and targeted interventions in 2385
the elementary grades reduce later remediation; and 2386
(d) Ensuring Algebra readiness before middle school 2387
coursework strengthens the state's workforce pipeline. 2388
(2) It is the intent of this act to establish a statewide 2389
framework, Moving Mathematics in Mississippi (M3) to: 2390
(a) Expand mathematics coaching; 2391
(b) Implement kindergarten through Grade 5 mathematics 2392
screening with aligned interventions; 2393
(c) Establish an Algebra readiness indicator using the 2394
Grade 5 statewide mathematics assessment scale score; and 2395
(d) Provide grade-band professional development aligned 2396
to Mississippi's College- and Career-Readiness Standards and 2397
assessments. 2398
SECTION 28. As used in Sections 26 through 38 of this act, 2399
the following terms shall have the meanings ascribed in this 2400
section, unless context of use clearly requires otherwise: 2401
(a) "Board" means the State Board of Education. 2402
(b) "Department" means the State Department of 2403
Education. 2404
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(c) "M3" means the Moving Mathematics in Mississippi 2405
Program established in Sections 26 through 38 of this act. 2406
(d) "Coach" means a mathematics instructional coach 2407
employed or contracted by the department or a participating 2408
district, trained in the department's coaching model. 2409
(e) "High-Quality Instructional Materials (HQIM)" means 2410
standards-aligned, evidence-based mathematics curricula and 2411
assessments approved by the department. 2412
(f) "K–5 Mathematics Screener" means a universal 2413
screening system for kindergarten through Grade 5 addressing 2414
grade-appropriate mathematics domains and skill progressions, as 2415
determined by the department. 2416
(g) "Algebra readiness indicator" means a scale score 2417
on the Grade 5 Statewide Mathematics Assessment established by the 2418
Department that suggests student readiness for Algebra I and is 2419
used to guide supports and placement. 2420
(h) "Individualized Math Plan (IMP)" means a written 2421
plan for a student identified by a screener as at-risk of not 2422
meeting grade-level expectations, specifying interventions, 2423
progress monitoring and exit criteria. 2424
(i) "MIOP" means the Mathematics Instructional 2425
Observation Protocol adopted by the department for classroom 2426
observation and administrator calibration. 2427
(j) "Professional learning community" means educational 2428
stakeholders who meet regularly to share expertise, analyze data, 2429
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plan instruction, and collaborate to improve teaching capacity and 2430
student performance. 2431
SECTION 29. (1) There is created within the State 2432
Department of Education the Moving Mathematics in Mississippi (M3) 2433
Program. 2434
(2) The department, through the State Board of Education: 2435
(a) Shall administer M3; 2436
(b) May promulgate rules and regulations; 2437
(c) May enter into contracts; and 2438
(d) May partner with institutions of higher learning, 2439
school districts and nonprofit entities for implementation, 2440
evaluation and professional learning. 2441
(3) The department may issue guidance for district 2442
participation, including model schedules, PLC structures, 2443
intervention blocks, and family engagement resources. 2444
SECTION 30. (1) The program shall consist of the following 2445
components: 2446
(a) The placement of mathematics coaches in schools 2447
serving students in kindergarten through Grade 12, with priority 2448
placement in Grades 2 through 6 to provide: 2449
(i) On-site and virtual coaching cycles; 2450
(ii) Modeling; 2451
(iii) Professional Learning Communities 2452
facilitation; 2453
(iv) Data meetings; 2454
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(v) Administrator walk-throughs using MIOP; and 2455
(vi) Family math resources; 2456
(b) Implementation of kindergarten through Grade 5 2457
screenings and intervention protocols, which require: 2458
(i) Adoption or development of a kindergarten 2459
through Grade 5 mathematics screener; 2460
(ii) Well-defined scores and skill maps; 2461
(iii) Development and implementation of 2462
Individualized Math Plans (IMPs) for students below benchmark; 2463
(iv) Training for teachers and administrators; and 2464
(v) Periodic progress monitoring; 2465
(c) Use of the Grade 5 Statewide Mathematics Assessment 2466
scale score designated by the department as the Algebra Readiness 2467
Indicator, which provides for the development and implementation 2468
of IMPs for students below the indicator prior to middle school 2469
mathematics; and 2470
(d) Ongoing regional training, virtual courses and 2471
school-based professional development cycles providing lesson 2472
guides, teacher-facing supports and assessment references aligned 2473
to HQIM and effective mathematics teaching practices. 2474
(2) Coaching shall be organized by grade band to include 2475
elementary (K through Grade 6) and secondary (Grades 7 through 12) 2476
and may include college- and career-readiness coaches to align 2477
mathematics with workforce pathways and statewide assessments. 2478
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(3) The department may develop crosswalks and training to 2479
support intervention pathways based on students' Grade 5 results. 2480
SECTION 31. Coaching qualifications; deployment; fidelity. 2481
(1) Coaches shall meet qualifications set by the Department, 2482
including (a) demonstrated content knowledge; (b) training in the 2483
Department's coaching model; and (c) experience facilitating adult 2484
learning. 2485
(2) The department may employ coaches as state personnel, 2486
educators-in-residence, or through personal service or 2487
professional contracts, and may authorize participating districts 2488
to host coaches via agreements with the department. 2489
(3) The department shall establish coach playbooks, dosage 2490
targets and fidelity expectations; may prioritize placements based 2491
on student need, vacancies and regional access; and shall provide 2492
administrator calibration using MIOP. 2493
SECTION 32. (1) Beginning with the 2026–2027 school year, 2494
participating districts shall administer the kindergarten through 2495
Grade 5 Mathematics Screener at least three (3) times annually 2496
(e.g., beginning-, middle- and end-of-year cycles) on a schedule 2497
established by the department. 2498
(2) For each student identified below benchmark, the school 2499
district shall develop an Individualized Math Plan (IMP) 2500
specifying evidence-based interventions, frequency and duration, 2501
the progress-monitoring schedule and exit criteria established by 2502
the department. The IMP shall be shared with the student's parent 2503
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or guardian within a timely manner and in parent-centered language 2504
both established by the department. 2505
(3) The department shall provide model IMP templates, 2506
intervention menus and progress-monitoring tools, and may provide 2507
additional support for students with persistent risk. 2508
SECTION 33. (1) Beginning with the 2026–2027 school year, 2509
the department shall designate and publish an Algebra Readiness 2510
Indicator scale score for the Grade 5 Statewide Mathematics 2511
Assessment pursuant to a standard-setting process approved by the 2512
State Board of Education. 2513
(2) Districts shall use the Algebra Readiness Indicator to 2514
inform placement, acceleration and the development of 2515
Individualized Math Plans (IMPs) for students scoring below the 2516
indicator prior to entry into middle school mathematics. 2517
(3) The Algebra Readiness Indicator shall be used as an 2518
indicator of readiness not criterion for student promotion or 2519
retention; local policies shall consider multiple measures 2520
consistent with Department guidance. 2521
(4) The department shall recommend the indicator cut score, 2522
ensure alignment to content standards, and establish validity and 2523
reliability evidence. The department shall review the indicator 2524
at least every three (3) years. Exit criteria for students 2525
receiving interventions informed by the indicator shall be set by 2526
the department and may include sustained proficiency on subsequent 2527
mathematics assessments. 2528
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SECTION 34. (1) The department shall invite districts to 2529
participate and shall prioritize high-need districts based on 2530
achievement gaps, vacancies, rural access and other equity 2531
factors, while ensuring regional coverage. 2532
(2) The department shall require a memorandum of 2533
understanding (MOU) specifying roles, data sharing consistent with 2534
federal and state law, coaching schedules and fidelity 2535
expectations, including the use of HQIM. 2536
SECTION 35. (1) All student-level data collected under this 2537
act shall be maintained in compliance with the Family Educational 2538
Rights and Privacy Act (FERPA) and applicable state law. 2539
(2) The department may develop a public dashboard with 2540
district-level results and implementation indicators. 2541
Student-level data shall not be publicly released. 2542
SECTION 36. (1) There is created in the State Treasury a 2543
special fund to be known as the "Moving Mathematics in Mississippi 2544
(M3) Fund". The fund shall consist of money appropriated by the 2545
Legislature, grants, gifts and other monies as authorized by law. 2546
(2) Monies in the fund shall be used by the department 2547
solely for the purposes administering the provisions of Sections 2548
26 through 38 of this act, including, but not limited to: 2549
(a) Personnel or contracts for mathematics coaches; 2550
(b) Adoption, licensing or development of the K–5 2551
Mathematics Screener and technical work to set, report and 2552
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maintain the Grade 5 Statewide Assessment Algebra Readiness 2553
Indicator and related data systems; 2554
(c) Professional development content and delivery; 2555
(d) Regional trainings and travel; 2556
(e) Evaluation and reporting; and 2557
(f) Program management and operations. 2558
SECTION 37. (1) Of the funds appropriated in Section ___ of 2559
House Bill No. ____, 2026, Regular Session for Fiscal Year 2027, 2560
any unexpended balances as of June 30, 2027, not otherwise 2561
obligated, shall be reappropriated and authorized for expenditure 2562
in Fiscal Year 2028 for the same purposes. Such funds shall not 2563
lapse into the State General Fund at the end of the fiscal year.2564
(2) The Department of Finance and Administration shall be 2565
authorized to carry forward such funds in accordance with Section 2566
27-104-25, Mississippi Code of 1972. 2567
SECTION 38. (1) The department may adopt emergency and 2568
permanent rules necessary to implement Sections 26 through 38 of 2569
this act, including establishing cut scores, benchmarking windows, 2570
intervention guidance and reporting templates. 2571
(2) The department shall publish an initial implementation 2572
timeline not later than beginning with the 2026-2027 school year, 2573
including recruitment and placement of coaches, screener 2574
procurement and training calendars, and establishment of the Grade 2575
5 Statewide Mathematics Assessment Algebra Readiness Indicator 2576
scale score no later than December 1, 2026. 2577
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SECTION 39. Section 37-28-5, Mississippi Code of 1972, is 2578
amended as follows: 2579
37-28-5. As used in this chapter, the following words and 2580
phrases have the meanings ascribed in this section unless the 2581
context clearly indicates otherwise: 2582
(a) "Applicant" means any person * * *, group or 2583
nonprofit entity that develops and submits an application for a 2584
charter school to the authorizer. 2585
(b) "Application" means a proposal from an applicant to 2586
the authorizer to enter into a charter contract whereby the 2587
proposed school obtains charter school status. 2588
(c) "Authorizer" means * * * an entity permitted under 2589
Section 37-28-7 to review applications, decide whether to approve 2590
or reject applications, enter into charter contracts * * *, 2591
oversee charter schools, and decide whether to renew, not renew, 2592
or revoke charter contracts. 2593
(d) "Charter contract" means a fixed-term, renewable 2594
contract between the governing board of a nonprofit entity with an 2595
approved application for a charter school and the authorizer which 2596
establishes the charter and outlines the roles, powers, 2597
responsibilities and performance expectations for each party to 2598
the contract. 2599
(e) "Charter management organization" means a nonprofit 2600
entity whose purpose is to operate more than one (1) charter 2601
school in Mississippi and which holds one or more charter 2602
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contract(s) that include(s) one or more of its authorized schools. 2603
A charter management organization may operate its schools as a 2604
single local educational agency or as multiple local educational 2605
agencies. 2606
( * * *f) "Charter school" means a public school that 2607
is established and operating under the terms of charter 2608
contract * * *. The term "charter school" includes a conversion 2609
charter school and start-up charter school. A charter school may 2610
serve children in any grades prekindergarten through Grade 12. 2611
This definition does not create a right to state public school 2612
formula funding for prekindergarten children where none exists. 2613
( * * *g) "Conversion charter school" means a charter 2614
school that existed as a noncharter public school before becoming 2615
a charter school. 2616
( * * *h) "Education service provider" means a * * * 2617
partner entity with which * * * the governing board intends to 2618
subcontract for * * * full or substantial educational services, 2619
including, but not limited to, comprehensive management. An 2620
education service provider does not itself hold a charter contract 2621
as defined in this section. A charter management organization 2622
operating its own schools is not an education service provider. 2623
( * * *i) "Governing board" means the * * * board of 2624
directors of a * * * nonprofit entity, including a charter 2625
management organization, which is party to the charter contract 2626
with the authorizer and whose members have been elected or 2627
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selected pursuant to the * * * bylaws of the nonprofit entity or 2628
charter management organization. 2629
( * * *j) "Noncharter public school" means a public 2630
school that is under the direct management, governance and control 2631
of a school board or the state. 2632
( * * *k) "Parent" means a parent, guardian or other 2633
person or entity having legal custody of a child. 2634
( * * *l) "School board" or "local school board" means 2635
a * * * governmental board exercising management and control over 2636
a * * * school district and the schools of that district pursuant 2637
to the State Constitution and state statutes. 2638
( * * *m) "School district" or "district" means a 2639
governmental entity that establishes and supervises one or more 2640
public schools within its geographical limits pursuant to state 2641
statutes. 2642
( * * *n) "Start-up charter school" means a charter 2643
school that did not exist as a noncharter public school before 2644
becoming a charter school. 2645
( * * *o) "Student" means any child who is eligible for 2646
attendance in a public school in the state. 2647
( * * *p) "Underserved students" means students 2648
qualifying as low-income or qualifying for a special education 2649
program under Section 37-151-201. 2650
SECTION 40. Section 37-28-7, Mississippi Code of 1972, is 2651
amended as follows: 2652
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37-28-7. (1) There is created the Mississippi Charter 2653
School Authorizer Board as a state agency with * * * chartering 2654
jurisdiction in the State of Mississippi. Unless otherwise 2655
authorized by law, no other governmental agency or entity may 2656
assume any charter authorizing function or duty in any form. 2657
(2) (a) The mission of the Mississippi Charter School 2658
Authorizer Board is to authorize high-quality charter schools, 2659
particularly schools designed to expand opportunities for 2660
underserved students, consistent with the purposes of this 2661
chapter. Subject to the restrictions and conditions prescribed in 2662
this subsection, the Mississippi Charter School Authorizer Board 2663
may authorize charter schools within the geographical boundaries 2664
of any school district. 2665
* * * 2666
( * * *b) * * * The Mississippi Charter School 2667
Authorizer Board may authorize charter schools within the 2668
geographical boundaries of any school district, regardless of the 2669
accountability rating assigned to such district under the 2670
accreditation rating system established by the State Department of 2671
Education, which has one or more "D" or "F" rated schools located 2672
therein. 2673
(c) The authorizer shall implement a separate 2674
accountability standard to be used in addition to the 2675
accountability model established in the Mississippi Performance 2676
Framework under Section 37-17-6, which shall be used in an 2677
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evaluative manner to determine the expansion of an existing 2678
charter school, closure or revocation. 2679
(d) The Mississippi Charter School Authorizer Board may 2680
approve a charter application for a school designed to serve 2681
students with autism, an emotional disability, an intellectual 2682
disability, and/or dyslexia, provided the diagnosis of dyslexia 2683
meets the eligibility criteria under the Individuals with 2684
Disabilities Education Act (IDEA) that warrants the development of 2685
an Individualized Education Program (IEP), in any school district, 2686
regardless of the district's performance classification. 2687
(3) The Mississippi Charter School Authorizer Board shall 2688
consist of * * * nine (9) members, to be appointed as follows: 2689
(a) The State Superintendent of Public Education, or 2690
his or her designee; 2691
(b) The Executive Director of the Mississippi Charter 2692
School Association, or his or her designee; 2693
( * * *c) Three (3) members appointed by the Governor, 2694
with one (1) member being from each of the Mississippi Supreme 2695
Court Districts * * *, as follows: 2696
(i) One (1) of whom shall be an appointee from 2697
AccelerateMS; 2698
(ii) One (1) of whom shall be an individual 2699
possessing an extensive background in alternative education, who 2700
shall be upon the consultation and advice of the Speaker of the 2701
House; and 2702
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(iii) One (1) of whom shall be a parent of a child 2703
enrolled in a public charter school; 2704
( * * *d) Three (3) members appointed by the Lieutenant 2705
Governor, with one (1) member being from each of the Mississippi 2706
Supreme Court Districts * * *, as follows: 2707
(i) One (1) of whom shall be an individual 2708
possessing an extensive business background; 2709
(ii) One (1) of whom shall be a member of the 2710
Mississippi Senate, who shall be an ex officio, nonvoting member; 2711
and 2712
(iii) One (1) of whom shall be an individual 2713
possessing an extensive expertise in special education, who shall 2714
be upon the consultation and advice of the Speaker of the House; 2715
( * * *e) One (1) member * * * of the House of 2716
Representatives appointed by the Speaker of the House who shall be 2717
an ex officio, nonvoting member. 2718
* * * In making the appointments, the appointing authority 2719
shall ensure diversity among members of the Mississippi Charter 2720
School Authorizer Board. 2721
(4) Members appointed to the Mississippi Charter School 2722
Authorizer Board collectively must possess strong experience and 2723
expertise in public and nonprofit governance, management and 2724
finance, public school leadership, assessment, curriculum and 2725
instruction, and public education law. Each member of the 2726
Mississippi Charter School Authorizer Board must have demonstrated 2727
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an understanding of and commitment to charter schooling as a 2728
strategy for strengthening public education. 2729
(5) (a) The terms of members of the authorizer board 2730
serving on January 1, 2026, shall expire on September 1, 2026, 2731
except as otherwise provided in paragraph (b) of this subsection. 2732
To establish staggered terms of office of members appointed to the 2733
authorizer board before September 1, 2026, shall be as follows: 2734
(i) The initial term of office for the three (3) 2735
Mississippi Charter School Authorizer Board members appointed by 2736
the Governor shall be four (4) years and thereafter shall be three 2737
(3) years; 2738
(ii) The initial term of office for the * * * two 2739
(2) nonlegislative members appointed by the Lieutenant Governor 2740
shall be three (3) years and thereafter shall be three (3) 2741
years; * * * 2742
(iii) * * * The Executive Director of the 2743
Mississippi Charter School Association, or his or her designee, by 2744
virtue of his or her office, shall serve on the board until he or 2745
she no longer serves in the capacity as the association's 2746
executive director; 2747
(iv) The State Superintendent of Public Education, 2748
or his or her designee, by virtue of his or her office, shall 2749
serve on the board until he or she is no longer employed by the 2750
State Board of Education; and 2751
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(v) The initial term of legislator appointees 2752
shall be two (2) years and thereafter shall be four (4) years, 2753
relative to his or her term of elected office. 2754
(b) Notwithstanding the expiration of terms prescribed 2755
in paragraph (a) of this subsection, any member of the authorizer 2756
board serving on January 1, 2026, who is reappointed to the board, 2757
and whose term of office is scheduled to expire after September 1, 2758
2026, shall continue to serve in his or her appointed capacity 2759
until such time that his or her original term of appointment is 2760
scheduled to expire. 2761
(c) No member may serve more than two (2) consecutive 2762
terms. The initial appointments must be made before September 2763
1, * * * 2026. 2764
(6) The Mississippi Charter School Authorizer Board shall 2765
meet as soon as practical after September 1, * * * 2026, upon the 2766
call of the Governor, and shall organize for business by selecting 2767
a * * * chairperson and adopting bylaws. Subsequent meetings 2768
shall be called by the * * * chairperson who shall be selected 2769
from among the members appointed by the Governor. 2770
(7) An individual member of the Mississippi Charter School 2771
Authorizer Board may be removed by the board if the member's 2772
personal incapacity renders the member incapable or unfit to 2773
discharge the duties of the office or if the member is absent from 2774
a number of meetings of the board, as determined and specified by 2775
the board in its bylaws. Whenever a vacancy on the Mississippi 2776
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Charter School Authorizer Board exists, the original appointing 2777
authority shall appoint a member for the remaining portion of the 2778
term. 2779
(8) No member of the Mississippi Charter School Authorizer 2780
Board or employee, agent or representative of the board may serve 2781
simultaneously as an employee, trustee, agent, representative, 2782
vendor or contractor of a charter school authorized by the board. 2783
(9) (a) The Mississippi Charter School Authorizer Board 2784
shall appoint an individual to serve as the Executive Director of 2785
the Mississippi Charter School Authorizer Board, which shall be 2786
made with the advice and consent of the Senate. The executive 2787
director shall possess the qualifications established by the board 2788
which * * * shall be based on national best practices, and shall 2789
possess an understanding of state and federal education law. The 2790
executive director, who shall serve at the will and pleasure of 2791
the board, shall devote his or her full time to the proper 2792
administration of the board and the duties assigned to him or her 2793
by the board to assist charter schools with achieving and 2794
maintaining compliance and manage the day-to-day operations of the 2795
Mississippi charter school system, and shall be paid a salary 2796
established by the board, subject to the approval of the State 2797
Personnel Board. Subject to the availability of funding, the 2798
executive director may employ such administrative staff as may be 2799
necessary to assist the director and board in carrying out the 2800
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duties and directives of the Mississippi Charter School Authorizer 2801
Board. 2802
(b) The Mississippi Charter School Authorizer Board 2803
shall employ an attorney and accountant to serve the board and 2804
executive director for the purpose of providing legal advice and 2805
counsel and Generally Accepted Accounting Principles (GAAP). 2806
(10) The Mississippi Charter School Authorizer Board is 2807
authorized to obtain suitable office space for administrative 2808
purposes. In acquiring a facility or office space, the authorizer 2809
board shall adhere to all policies and procedures required by the 2810
Department of Finance and Administration and the Public 2811
Procurement Review Board. 2812
SECTION 41. Section 37-28-9, Mississippi Code of 1972, is 2813
amended as follows: 2814
37-28-9. (1) The authorizer is responsible for exercising, 2815
in accordance with this chapter, the following powers and duties: 2816
(a) Developing, approving, maintaining, publishing via 2817
its website and the Administrative Procedures Bulletin, and 2818
operating in accordance with written chartering policies and * * * 2819
practices consistent with nationally recognized principles and 2820
standards for quality charter authorizing in all major areas of 2821
authorizing responsibility, including: 2822
(i) Authorizer organizational capacity and 2823
infrastructure; 2824
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(ii) Solicitation and evaluation of charter 2825
applications; 2826
(iii) Performance contracting; 2827
(iv) Ongoing charter school oversight and 2828
evaluation; and 2829
(v) Charter renewal, nonrenewal and revocation 2830
decision-making; 2831
(b) Approving quality charter applications that meet 2832
identified educational needs and promote a diversity of 2833
educational choices; 2834
(c) Declining to approve weak or inadequate charter 2835
applications; 2836
(d) Negotiating and executing charter contracts with 2837
the governing boards of nonprofit entities with approved 2838
charter * * * school applications; 2839
(e) Amending charter school contracts, including, but 2840
not limited to, executing the following: 2841
(i) Approving material amendments for expansions, 2842
mergers, consolidations or grade reconfigurations of operating 2843
charter schools under the same governing board; 2844
(ii) Transfers of charter contracts or one or more 2845
charter schools under a single charter contract to other eligible 2846
nonprofit entities, including when such transfers are for the 2847
purpose of merging or consolidating two (2) or more operating 2848
charter schools; and 2849
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(iii) Reorganizations of separate charter 2850
contracts held by the governing board of the same nonprofit 2851
entity, including a charter management organization, into a single 2852
charter contract; 2853
( * * *f) Monitoring, in accordance with charter 2854
contract terms, the performance and legal compliance of charter 2855
schools; 2856
( * * *g) Determining whether each charter contract 2857
merits renewal, nonrenewal or revocation; * * * 2858
( * * *h) Applying for any federal funds that may be 2859
available for the implementation of charter school programs * * *; 2860
and 2861
(i) Complying with provisions of the Open Meetings Act, 2862
established under Section 25-41-1 et seq., the Mississippi Public 2863
Records Act of 1983, and any other provision of Mississippi law 2864
pertaining to the conduct of public bodies, including abiding by 2865
the Mississippi Administrative Procedures Law for the adoption of 2866
any rule, policy, guideline or other regulation, including any 2867
performance framework, renewal framework or any other relevant 2868
document with which charter schools are mandated to comply. 2869
(2) The authorizer shall carry out all its duties under this 2870
chapter in a manner consistent with nationally recognized 2871
principles and standards and with the spirit and intent of this 2872
act. 2873
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(3) The authorizer may, as it deems appropriate, delegate or 2874
withdraw delegation of one or more of its duties to the executive 2875
director * * *. 2876
(4) Regulation by the authorizer shall be limited to those 2877
powers and duties prescribed in this section and all others 2878
prescribed by law, consistent with the spirit and intent of this 2879
chapter. The authorizer may not issue directives or mandates to 2880
charter schools except as pursuant to an applicable law or a 2881
policy properly adopted by its board and published on its website 2882
and in the Administrative Procedures Bulletin. The authorizer 2883
shall not launch investigations without reasonable suspicion that 2884
a school has violated a specific provision of law, its contract or 2885
a properly adopted policy. 2886
(5) Except in the case of gross negligence or reckless 2887
disregard of the safety and well-being of another person, the 2888
authorizer, members of the authorizer board in their official 2889
capacity, and employees of the authorizer in their official 2890
capacity are immune from civil liability with respect to all 2891
activities related to a charter school approved by the authorizer. 2892
SECTION 42. Section 37-28-11, Mississippi Code of 1972, is 2893
amended as follows: 2894
37-28-11. * * * 2895
( * * *1) The authorizer may receive appropriate gifts, 2896
grants and donations of any kind from any public or private entity 2897
to carry out the purposes of this chapter, subject to all lawful 2898
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terms and conditions under which the gifts, grants or donations 2899
are given. 2900
( * * *2) The authorizer may expend its resources, seek 2901
grant funds and establish partnerships to support its charter 2902
school authorizing activities. 2903
(3) The Legislature may fund the authorizer through specific 2904
appropriation thereof. 2905
SECTION 43. Section 37-28-13, Mississippi Code of 1972, is 2906
amended as follows: 2907
37-28-13. (1) Upon request, the State Department of 2908
Education shall assist the Mississippi Charter School Authorizer 2909
Board with implementing the authorizer's decisions by providing 2910
such technical assistance and information as may be necessary for 2911
the implementation of this chapter. 2912
(2) Before * * * August 1 of each year, the authorizer shall 2913
publish a pamphlet, which may be in electronic form, containing: 2914
(a) All statutes in Title 37, Mississippi Code of 1972, 2915
which are applicable to * * * charter schools; 2916
(b) Any rules, regulations and policies adopted by the 2917
State Superintendent of Public Education, the State Board of 2918
Education or the State Department of Education with which charter 2919
schools must comply by virtue of the applicability to charter 2920
schools, as well as other public schools, of the state law to 2921
which those relevant rules, regulations and policies pertain; and 2922
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(c) Any other state and federal laws and matters that 2923
are relevant to the establishment and operation of charter schools 2924
in the State of Mississippi. 2925
* * * Each authorizer shall make the pamphlet available to 2926
the public on * * * its website and shall notify all prospective 2927
applicants and authorized charter schools of the pamphlet. 2928
SECTION 44. Section 37-28-15, Mississippi Code of 1972, is 2929
amended as follows: 2930
37-28-15. (1) To solicit, encourage and guide the 2931
development of quality charter school applications, * * * each 2932
authorizer shall issue and publicize a request for proposals 2933
before September * * * 30 of the calendar year prior to the year 2934
in which the authorizer shall make a final decision on approving 2935
applications. The content and dissemination of the request for 2936
proposals must be consistent with the purposes and requirements of 2937
this chapter. 2938
(2) * * * Each authorizer annually shall establish and 2939
disseminate a statewide timeline for charter approval or denial 2940
decisions, which may include a rolling application process. 2941
(3) * * * Each authorizer's request for proposals must 2942
include the following: 2943
(a) A clear statement of any preferences the authorizer 2944
wishes to grant to applications intended to help underserved 2945
students; 2946
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(b) A description of the performance framework that the 2947
authorizer has developed for charter school oversight and 2948
evaluation in accordance with Section 37-28-29; 2949
(c) The criteria that will guide the authorizer's 2950
decision to approve or deny a charter application; and 2951
(d) A clear statement of appropriately detailed 2952
questions, as well as guidelines, concerning the format and 2953
content essential for applicants to demonstrate the capacities 2954
necessary to establish and operate a successful charter school. 2955
(4) In addition to all other requirements, and subject to 2956
the provisions of subsection (5) of this section, the request for 2957
proposals must require charter applications to provide or describe 2958
thoroughly all of the following * * * elements of the proposed 2959
school plan: 2960
(a) An executive summary; 2961
(b) The mission and vision of the proposed charter 2962
school, including identification of the targeted student 2963
population and the community the school hopes to serve; 2964
(c) The location or geographic area proposed for the 2965
school; 2966
(d) The grades to be served each year * * * until the 2967
school reaches its proposed capacity; 2968
(e) Minimum, planned and maximum enrollment per grade 2969
per year * * * until the school reaches its proposed capacity; 2970
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(f) Evidence of need and community support for the 2971
proposed charter school; 2972
(g) Background information, including proof of United 2973
States citizenship, on the applicants, the proposed founding 2974
governing board members and, if identified, members of the 2975
proposed school leadership and management team. The background 2976
information must include annual student achievement data, 2977
disaggregated by subgroup, for every school under the current or 2978
prior management of each * * * leadership team member; 2979
(h) The school's proposed calendar, including the 2980
proposed opening and closing dates for the school term, which 2981
shall be no less than the minimum number of school days 2982
established for all public schools in Section 37-13-63, and a 2983
sample daily schedule * * *; 2984
(i) A description of the school's academic program, 2985
aligned with state standards; 2986
(j) A description of the school's instructional design, 2987
including the type of learning environment (such as 2988
classroom-based or independent study), class size and structure, 2989
curriculum overview and teaching methods; 2990
(k) The school's plan for using internal and external 2991
assessments to measure and report student progress on the 2992
performance framework developed by the authorizer in accordance 2993
with Section 37-28-29; 2994
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(l) The school's plan for identifying and successfully 2995
serving students with disabilities (including all of the school's 2996
proposed policies pursuant to the Individuals with Disabilities 2997
Education Improvement Act of 2004, 20 USCS Section 1400 et seq., 2998
Section 504 of the Rehabilitation Act of 1973, 29 USCS Section 2999
794, and Title 11 of the Americans with Disabilities Act, 42 USCS 3000
Section 12101 et seq., and the school's procedures for securing 3001
and providing evaluations and related services pursuant to federal 3002
law), students who are English language learners, students who are 3003
academically behind, and gifted students, including, but not 3004
limited to, compliance with any applicable laws and regulations; 3005
(m) A description of cocurricular or extracurricular 3006
programs and how those programs will be funded and delivered; 3007
(n) Plans and timelines for student recruitment and 3008
enrollment, including lottery policies and procedures that ensure 3009
that every student has an equal opportunity to be considered in 3010
the lottery and that the lottery is equitable, randomized, 3011
transparent and impartial so that students are accepted in a 3012
charter school without regard to disability, income level, race, 3013
religion or national origin; 3014
(o) The school's student discipline policies, including 3015
those for * * * students with disabilities; 3016
(p) An organizational chart that clearly presents the 3017
school's organizational structure, including lines of authority 3018
and reporting * * * among the governing board, charter management 3019
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organization staff, if applicable, or the education service 3020
provider (if any), school leadership team and staff, related 3021
bodies (such as advisory bodies or parent and teacher councils), 3022
and all other external organizations that will play a role in 3023
managing the school; 3024
(q) A clear description of the roles and 3025
responsibilities of the governing board, charter management 3026
organization staff, if applicable, or education service provider 3027
(if any), school leadership team, management team and all other 3028
entities shown in the organizational chart; 3029
(r) A staffing chart for the school's first year, and a 3030
staffing plan for the * * * first five (5) years; 3031
(s) Plans for recruiting and developing school 3032
leadership and staff, which may not include utilization of 3033
nonimmigrant foreign worker visa programs; 3034
(t) The school's leadership and teacher employment 3035
policies, including performance evaluation plans; 3036
(u) Proposed or adopted governing bylaws of the 3037
governing board of the nonprofit entity proposed to hold the 3038
charter contract and any relevant sub-entities controlled by the 3039
nonprofit entity; 3040
(v) Explanations of any partnerships or contractual 3041
relationships central to the school's operations or mission; 3042
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(w) The school's plans for providing transportation, 3043
food service and all other significant operational or ancillary 3044
services; 3045
(x) Opportunities and expectations for * * * family 3046
engagement; 3047
(y) A detailed school start-up plan, identifying tasks, 3048
timelines and responsible individuals; 3049
(z) A description of the school's financial plans and 3050
policies, including financial controls and audit requirements; 3051
(aa) A description of the insurance coverage the school 3052
will obtain; 3053
(bb) Start-up and five-year budgets with clearly stated 3054
assumptions; 3055
(cc) Start-up and first-year cash flow projections with 3056
clearly stated assumptions; 3057
(dd) A disclosure of all sources of private funding and 3058
all funds from foreign sources, including gifts from foreign 3059
governments, foreign legal entities and domestic entities 3060
affiliated with either foreign governments or foreign legal 3061
entities. For the purposes of this paragraph, the term "foreign" 3062
means a country or jurisdiction outside of any state or territory 3063
of the United States; 3064
(ee) Evidence of anticipated fundraising contributions, 3065
if claimed in the application; and 3066
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(ff) A sound facilities plan, including backup or 3067
contingency plans if appropriate. 3068
(5) The authorizer may limit its initial request for 3069
proposals to those elements enumerated in subsection (4) which it 3070
deems essential for an initial review, and applications may be 3071
rejected based upon the information provided for those elements. 3072
However, an applicant must submit, and the authorizer must 3073
evaluate, all elements enumerated in subsection (4) before an 3074
application may be approved. 3075
( * * *6) In the case of an application to establish a 3076
charter school by converting an existing noncharter public school 3077
to charter school status, the request for proposals additionally 3078
shall require the applicant to demonstrate support for the 3079
proposed charter school conversion by a petition signed by a 3080
majority of teachers or a majority of parents of students in the 3081
existing noncharter public school, or by a majority vote of the 3082
local school board or, in the case of schools in districts under 3083
state conservatorship, by the State Board of Education. 3084
( * * *7) In the case of a proposed charter school that 3085
intends to subcontract with an education service provider for full 3086
or substantial educational services, comprehensive management 3087
services or both types of services, the request for proposals 3088
additionally shall require the applicant to: 3089
(a) Provide evidence of the education service 3090
provider's success in serving student populations similar to the 3091
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targeted population, including demonstrated academic achievement 3092
as well as successful management of nonacademic school functions, 3093
if applicable; 3094
(b) Provide a term sheet setting forth: the proposed 3095
duration of the service contract; roles and responsibilities of 3096
the governing board, the school staff and the education service 3097
provider; the scope of services and resources to be provided by 3098
the education service provider; performance evaluation measures 3099
and timelines; the compensation structure, including clear 3100
identification of all fees to be paid to the education service 3101
provider; methods of contract oversight and enforcement; 3102
investment disclosure; and conditions for renewal and termination 3103
of the contract; 3104
(c) Disclose and explain any existing or potential 3105
conflicts of interest between the school governing board and 3106
proposed service provider or any affiliated business entities; and 3107
(d) Background information, including proof of United 3108
States citizenship, on the principal individuals affiliated with 3109
the education service provider. 3110
( * * *8) In the case of a charter school proposal from an 3111
applicant that currently operates one or more schools in any state 3112
or nation, the request for proposals additionally shall require 3113
the applicant to provide evidence of past performance and current 3114
capacity for organizational growth. * * * 3115
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(9) In the case of a governing board of an operating charter 3116
school, including a school within a charter management 3117
organization, seeking to expand the school's grades, whether 3118
upwards or downwards, beyond those originally authorized, the 3119
authorizer shall evaluate a plan for expansion as a material 3120
contract amendment and not require a new application as described 3121
in subsection (4) of this section. Expanded grades shall be 3122
listed as a separate school under the amended charter contract if 3123
requested by the governing board, and, if so, shall be evaluated 3124
separately for accountability and closure purposes as prescribed 3125
by law. The requirements for approving contract amendments for 3126
expansion shall be transparent, based on merit and not unduly 3127
burdensome and in accordance with law and board-adopted, published 3128
policies. The authorizer shall approve expansion requests by the 3129
governing board of any charter school meeting overall expectations 3130
in the areas of academic, financial and organizational performance 3131
per the school's most recent performance framework, regardless of 3132
the performance classification of either the charter school or the 3133
school district in which a charter school is located. The 3134
authorizer shall approve or deny expansions within ninety (90) 3135
calendar days of submission of a completed request by the 3136
governing board. 3137
(10) (a) The Mississippi Community College Board and the 3138
Board of Trustees of State Institutions of Higher Learning, shall 3139
oversee the development and implementation of on-campus 3140
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early-college high schools, charter schools or partner schools. 3141
The boards shall have independent and exclusive autonomy to 3142
promulgate rules and regulations necessary for the operation, 3143
funding and governance of on-campus early-college high schools, 3144
charter schools or partner schools to be administered on the 3145
campuses of or in partnership with postsecondary educational 3146
institutions approved by the appropriate board with proper 3147
jurisdictional governance. Each board shall serve as the 3148
authorizer for the school as specified under the AGENTS of 3149
Excellence Program prescribed under Sections 98 through 105, 3150
notwithstanding any provision of the Mississippi Charter Schools 3151
Act of 2013 to the contrary. The Mississippi Community College 3152
Board and the Board of Trustees of State Institutions of Higher 3153
Learning shall serve as authorizers independent of the Mississippi 3154
Charter School Authorizer Board. However, if needed, the 3155
Mississippi Charter School Authorizer Board may provide technical 3156
assistance to the Mississippi Community College Board and the 3157
Board of Trustees of State Institutions of Higher Learning. 3158
(b) In addition to serving as authorizers, the boards 3159
may allow its member postsecondary educational institutions to 3160
establish and enter into a contractual partnership with a local 3161
public school district for the operation of a charter school on or 3162
near the campus of the postsecondary educational institution or 3163
within the existing facilities of the public school partner. 3164
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SECTION 45. Section 37-28-19, Mississippi Code of 1972, is 3165
amended as follows: 3166
37-28-19. (1) In reviewing and evaluating charter 3167
applications, the authorizer shall employ written, adopted and 3168
published procedures, practices and criteria consistent with 3169
nationally recognized principles and standards for quality charter 3170
authorizing. These procedures must provide clear standards for 3171
meeting authorizer expectations on each required element of the 3172
proposed school plan as described in Section 37-28-15, including 3173
any points overall or per section of the application necessary for 3174
approval. The application review process must include thorough 3175
evaluation of each written charter application and an in-person 3176
interview with the applicant group. Evaluations shall be 3177
conducted by the Executive Director of the Mississippi Charter 3178
School Authorizer Board and a quorum of board members of the 3179
authorizer. 3180
(2) In deciding whether to approve charter applications, the 3181
authorizer must: 3182
(a) Grant charters only to applicants that have 3183
provided evidence of competence in each element of the 3184
authorizer's published approval criteria, and in the case of an 3185
applicant that currently operates one or more schools in any state 3186
or nation, clear evidence that the management or leadership team 3187
of the charter school or schools currently operated by the 3188
applicant has produced * * * sustained improvement in student 3189
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achievement or consistently produced proficiency levels as 3190
measured on state achievement tests, although unusual 3191
circumstances such as a global pandemic or other disaster may be 3192
taken into account; 3193
(b) Base decisions on documented evidence collected 3194
through the application review process; and 3195
(c) Follow charter-granting policies and practices that 3196
are transparent, based on merit and avoid conflicts of interest or 3197
any appearance thereof. 3198
(3) Before the expiration of one hundred eighty (180) days 3199
after the filing of a charter application, the authorizer must 3200
approve or deny the charter application; however, an application 3201
submitted by a public historically black college or university 3202
(HBCU), in partnership with a national nonprofit public HBCU 3203
support organization, for a charter school to be operated on or 3204
near the campus of the HBCU must be considered for expedited 3205
approval by the authorizer. Each authorizer shall adopt by 3206
resolution all charter approval or denial decisions in an open 3207
meeting of the authorizer's board. 3208
(4) An approval decision may include, if appropriate, 3209
reasonable conditions that the charter applicant must meet before 3210
a charter contract may be executed pursuant to Section 37-28-21. 3211
A charter applicant must have achieved nonprofit entity status 3212
prior to the execution of a contract if the applicant was not a 3213
nonprofit entity prior to submission of the application. 3214
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(5) For a charter denial, the authorizer shall state 3215
clearly, for public record, its reasons for denial. A denied 3216
applicant may reapply subsequently with the denying authorizer. 3217
The applicant who is denied after having progressed past any 3218
initial stage in the evaluation process shall not be required to 3219
wait until the next regular application process to reapply but 3220
must be allowed one (1) opportunity before the next regular 3221
application process to demonstrate to the relevant authorizer that 3222
the applicant has remedied the conditions upon which the denial 3223
was based. The initial stage described in this subsection shall 3224
be defined by each authorizer in its request for proposals. 3225
(6) Before the expiration of ten (10) days after taking 3226
action to approve or deny a charter application, the authorizer 3227
shall provide a report to the applicant. The report must include 3228
a copy of the authorizer's resolution setting forth the action 3229
taken and reasons for the decision and assurances as to compliance 3230
with all of the procedural requirements and application elements 3231
set forth in this chapter. 3232
SECTION 46. Section 37-28-21, Mississippi Code of 1972, is 3233
amended as follows: 3234
37-28-21. (1) The authorizer shall grant an initial charter 3235
contract to each qualified applicant for a term of five (5) 3236
operating school years. In the case of a charter contract 3237
including more than one (1) school, the contract shall contain a 3238
separate addendum for each school listing the school's approved 3239
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term of operation; the initial term for each school shall be five 3240
(5) operating school years. The overall term of the contract with 3241
an entity that operates more than one (1) charter school shall 3242
extend until the latest date of any approved charter school in a 3243
contract addendum. The term of the charter contract shall 3244
commence on the charter school's first day of operation, or the 3245
first charter school's first day of operation for a contract that 3246
includes more than one (1) school, as specified in the contract. 3247
An approved charter school may delay its opening for * * * two (2) 3248
school years in order to plan and prepare for the school's 3249
opening. If the school requires an opening delay of more 3250
than * * * two (2) school years, the school must request an 3251
extension from the authorizer. The authorizer may grant or deny 3252
the extension depending on the particular school's circumstances. 3253
(2) (a) The authorizer and the governing board of * * * a 3254
nonprofit entity with one or more approved charter schools shall 3255
execute a charter contract that clearly sets forth the academic, 3256
financial and operational performance expectations and measures by 3257
which * * * each charter school will be judged, as specified in 3258
Section 37-28-29; and the administrative relationship between the 3259
authorizer, the governing board and each charter school, including 3260
each party's rights and duties. * * * 3261
(b) The charter contract must be signed by the * * * 3262
chairperson of the authorizer board and the * * * chairperson 3263
of * * * a charter school's governing board. 3264
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(c) A charter school may not commence operations 3265
without a charter contract executed in accordance with this 3266
section and approved in an open meeting of the authorizer board. 3267
(3) The authorizer * * * shall establish and publish 3268
reasonable preopening requirements or conditions to monitor the 3269
start-up progress of * * * each of its newly approved charter 3270
schools and to ensure that * * * each school is prepared to open 3271
smoothly on the date agreed and that * * * each school meets all 3272
building, health, safety, insurance and other legal requirements 3273
before * * * each school's opening. These preopening requirements 3274
may include enrollment benchmarks that ensure the school can open 3275
at, or within a reasonable variance of, its contracted enrollment. 3276
The authorizer may establish school-specific preopening 3277
requirements or conditions for any of its newly approved schools. 3278
The authorizer must keep documentation that any and all such 3279
preopening requirements have been met prior to the school's 3280
opening. 3281
(4) The charter contract of each charter school must include 3282
the following provisions at a minimum: 3283
(a) The charter contract shall require a charter school 3284
to adopt a transportation plan for students attending a charter 3285
school; 3286
(b) The charter contract shall include, by reference, 3287
all preopening requirements pursuant to subsection (3) of this 3288
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section and list any school-specific preopening requirements of 3289
the authorizer; 3290
(c) The charter contract shall list and require, as a 3291
material part of the charter contract, information needed by the 3292
authorizer from the governing board of a charter school for the 3293
authorizer's performance framework reports; and 3294
(d) The charter contract shall require the nonprofit 3295
entity to complete one (1) annual audit in which every Mississippi 3296
charter school that it is authorized to operate is reported as a 3297
program under the nonprofit entity, regardless of how many 3298
separate Mississippi contracts the nonprofit holds. 3299
(5) The authorizer must allow a nonprofit entity authorized 3300
to operate more than one (1) school, including a charter 3301
management organization, to hold a contract with more than one (1) 3302
of its approved Mississippi schools without requiring the 3303
nonprofit entity to apply for the right to hold such a contract. 3304
Nothing in this section grants a nonprofit entity the right to 3305
unilaterally establish new charter schools by adding them to such 3306
a contract without the prior authorization of its authorizer 3307
pursuant to this chapter. A contract with more than one (1) 3308
school must provide the following: 3309
(a) Each school listed within the contract shall have 3310
its own addendum to include its operating term, as well as any 3311
unique elements such as essential educational terms, mission and 3312
vision, grades and enrollment projections, location or facilities, 3313
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school-selected indicators or goals, any enrollment policies and 3314
procedures or any preopening requirements that differ from other 3315
schools listed in the contract; 3316
(b) The nonprofit entity may jointly manage all assets, 3317
funds and property of all schools listed in the contract, provided 3318
that funds are tracked and reported by school, and comply with 3319
policies for financial transparency and accountability of the 3320
authorizer. All state funds, and assets and property purchased 3321
with state funds, must be used only for the benefit of approved 3322
Mississippi charter schools and their students; 3323
(c) The authorizer may issue notices of concern or 3324
breach of contract to an individual charter school listed within 3325
the contract without implicating or adversely affecting the 3326
remaining schools listed in the contract; 3327
(d) The authorizer may close a charter school within 3328
the contract without closing the remainder of the charter schools 3329
within that contract. In the event of closure of one or more 3330
schools, but when other schools listed in the contract remain 3331
operational, the nonprofit entity shall retain ownership of the 3332
assets and property of the closed school or schools to be used at 3333
its remaining Mississippi schools, except for unspent governmental 3334
funds or unspent earnings of governmental funds which shall be 3335
redirected on a per-pupil basis to the school districts or charter 3336
schools to which students of the closed school transfer, as 3337
allowable. If the authorizer concludes the appropriate recipient 3338
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of unspent governmental funds and unspent earnings is difficult to 3339
determine as a practical matter, the unspent governmental funds 3340
and unspent earnings will revert to the school district in which 3341
the charter school was located as provided by law. A nonprofit 3342
entity whose entire portfolio of Mississippi schools is closed by 3343
the authorizer must follow authorizer policies for school closure 3344
and disposition of assets, funds and property as provided by law. 3345
The authorizer may not close an entire portfolio of Mississippi 3346
schools within a contract without due cause for closing each 3347
school as required by Section 37-28-35. However, if such a burden 3348
is met, the entire contract is considered terminated; 3349
(e) In the case of a nonprofit entity reorganizing 3350
separate existing charter contracts into the same contract, the 3351
nonprofit entity shall retain all assets, funds and property from 3352
the charter schools for use in the schools reorganized under the 3353
same contract; and 3354
(f) Each Mississippi charter school within the contract 3355
of a nonprofit entity authorized to operate more than one (1) 3356
school must be considered for renewal according to each school's 3357
term of operation as specified in the contract. 3358
(6) In the case of the proposed merger, consolidation, or 3359
grade reconfiguration of two (2) or more schools operated by the 3360
same nonprofit entity, whether originally within a single contract 3361
or separate contracts held by the governing board of the same 3362
nonprofit entity, the nonprofit entity shall retain all assets, 3363
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funds and property for use in the newly merged, consolidated or 3364
reconfigured school or schools as specified in the amended 3365
contract effectuating the merger, consolidation or 3366
reconfiguration. 3367
(7) The governing board of a nonprofit entity that is party 3368
to a charter contract or, in the case of the required or voluntary 3369
closure of such a nonprofit entity, the charter school leader or 3370
leadership team of the operating charter school established by the 3371
contract may request its authorizer to transfer the charter 3372
contract to another eligible nonprofit entity. The authorizer may 3373
approve transfers through a material contract amendment, and the 3374
transfer shall become effective upon the consent of the authorizer 3375
and the parties to the transfer agreement. By assuming a charter 3376
contract, a nonprofit entity also assumes all assets, liabilities, 3377
revenues and expenses ascribable to a transferred charter school 3378
as specified in the transfer agreement. The authorizer may not 3379
require the transfer of a charter contract unless a nonprofit 3380
entity plans to close a school meeting authorizer expectations, 3381
and the authorizer seeks to enable the school to continue to 3382
operate. 3383
(8) Mergers, consolidations, grade reconfigurations and 3384
transfers of charter schools as well as reorganization of charter 3385
schools from separate contracts into the same contract as 3386
specified in subsections (5) through (7) of this section, or any 3387
analogous situation, shall not require or constitute closure and 3388
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restart of the affected charter schools and shall not require 3389
reversion of their assets. Furthermore, the authorizer shall not 3390
require the governing board of such schools to file a new school 3391
application as described in Section 37-28-15, but shall approve 3392
all such mergers, consolidations, grade reconfigurations, 3393
transfers and reorganizations as material contract amendments. 3394
(9) In the case of merged or consolidating nonprofit 3395
entities where one (1) nonprofit entity is party to a charter 3396
contract, the successor entity shall become the party to the 3397
charter contract upon the effective date of the merger or 3398
consolidation and shall assume all assets, liabilities, revenues 3399
and expenses ascribable to the charter school. Charter schools 3400
affected by this provision shall not be considered closed and 3401
restarted nor shall the schools have to revert their assets. 3402
Furthermore, the governing board of the successor entity shall not 3403
have to file a new school application as described in Section 3404
37-28-15, unless the authorizer does not consent to the assumption 3405
of the contract by the successor entity. In such cases, the 3406
successor entity must reapply for the right to hold the charter 3407
contract, or the contract is considered terminated. 3408
(10) Except to the extent authorized under paragraph (c), 3409
(d) or (e) of Section 37-28-41, the powers, obligations and 3410
responsibilities set forth in the charter contract may not be 3411
delegated or assigned by either party. 3412
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SECTION 47. Section 37-28-23, Mississippi Code of 1972, is 3413
amended as follows: 3414
37-28-23. (1) A charter school must be open to: 3415
(a) Any student residing in the geographical boundaries 3416
of the state whose permanent residence is within or outside of the 3417
school district in which the charter school is located; * * * 3418
* * * 3419
(b) The siblings or foster siblings of any enrolled 3420
charter school student residing in the same household of any 3421
charter school student, regardless of the performance 3422
classification of the resident school district at the time the 3423
sibling or foster sibling enrolls; 3424
(c) The child of an employee of a charter school, 3425
regardless of the performance classification of their resident 3426
school district at the time a child of an employee enrolls; and 3427
(d) Any student who qualifies to transfer under Section 3428
37-15-29(3), 37-15-29(5) or 37-15-31. 3429
(2) A school district may not require any student enrolled 3430
in the school district to attend a charter school. 3431
(3) Except as otherwise provided under subsection (8)(d) of 3432
this section, a charter school may not limit admission based on 3433
race, ethnicity, national origin, religion, gender, income level, 3434
disabling condition, proficiency in the English language, or 3435
academic or athletic ability. 3436
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(4) A charter school may limit admission to students within 3437
a given age group or grade level, including pre-kindergarten 3438
students, and may be organized around a special emphasis, theme or 3439
concept as stated in the school's application. 3440
* * * 3441
( * * *5) A charter school must enroll all students who wish 3442
to attend the school unless the number of students exceeds the 3443
capacity of a program, class, grade level or building. 3444
( * * *6) If capacity is insufficient to enroll all students 3445
who wish to attend the school based on initial application, the 3446
charter school must select students through a lottery. 3447
( * * *7) (a) Any noncharter public school or part of a 3448
noncharter public school converting to a charter school shall 3449
adopt and maintain a policy giving an enrollment preference to 3450
students who reside within the former attendance area of that 3451
public school. If the charter school has excess capacity after 3452
enrolling students residing within the former attendance area of 3453
the school, students outside of the former attendance area of the 3454
school, but within the geographical boundaries of the school 3455
district in which the charter school is located, are eligible for 3456
enrollment. If the number of students applying for admission 3457
exceeds the capacity of a program, class, grade level or building 3458
of the charter school, the charter school must admit students on 3459
the basis of a lottery. 3460
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(b) A charter school must give an enrollment preference 3461
to students enrolled in the charter school during the preceding 3462
school year and to siblings of students already enrolled in the 3463
charter school. An enrollment preference for returning students 3464
excludes those students from entering into a lottery. 3465
(c) A charter school may give an enrollment preference 3466
to children of the charter school's applicant, governing board 3467
members and full-time employees, so long as those children 3468
constitute no more than ten percent (10%) of the charter school's 3469
total student population. 3470
* * * 3471
(d) A charter school may give an enrollment preference 3472
to children transferring from a charter school under the same 3473
contract or whose contract is held by the same governing board, 3474
such as schools under the operation of the same charter management 3475
organization. This enrollment preference includes children who 3476
have completed the final grade of their current school and are 3477
transferring to a higher grade in a different school. An 3478
enrollment preference for such students excludes those students 3479
from entering into a lottery. 3480
(e) This section does not preclude the formation of a 3481
charter school whose mission is focused on serving students with 3482
disabilities, students of the same gender, students who pose such 3483
severe disciplinary problems that they warrant a specific 3484
educational program, or students who are at risk of academic 3485
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failure. If capacity is insufficient to enroll all students who 3486
wish to attend the school, the charter school must select students 3487
through a lottery. 3488
SECTION 48. Section 37-28-29, Mississippi Code of 1972, is 3489
amended as follows: 3490
37-28-29. (1) The performance provisions within a charter 3491
contract for each charter school must be based on a performance 3492
framework that clearly sets forth the academic, financial and 3493
operational performance indicators, measures and metrics that will 3494
guide the authorizer's evaluations of the charter school. The 3495
performance framework must include indicators, measures and 3496
metrics, at a minimum, for the following: 3497
(a) Student academic proficiency; 3498
(b) Student academic growth; 3499
(c) Achievement gaps in * * * proficiency and * * * 3500
between major student subgroups, as applicable; 3501
(d) Attendance; 3502
(e) Recurrent enrollment from year to year; 3503
(f) In-school and out-of-school suspension rates and 3504
expulsion rates; 3505
(g) For each charter high * * * school, postsecondary 3506
readiness, including the percentage of graduates submitting 3507
applications to postsecondary institutions * * * and graduation 3508
and high school completion * * * rates; 3509
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(h) Financial performance and sustainability as 3510
follows: 3511
(i) For a nonprofit entity authorized to operate a 3512
single school and which has no or minimal other financial activity 3513
than that pertaining to the charter school, financial performance 3514
and sustainability of the nonprofit entity; 3515
(ii) For a nonprofit entity authorized to operate 3516
one or more schools and which has at least some financial activity 3517
other than that pertaining to the charter schools, financial 3518
performance of each Mississippi charter school as a program of the 3519
nonprofit entity as well as relevant financial performance and 3520
sustainability of the nonprofit entity, provided that school and 3521
organizational indicators, measures and metrics are logical and 3522
not unduly duplicative; 3523
(iii) For a nonprofit entity authorized to operate 3524
more than one (1) school and which has no or minimal financial 3525
activity other than that pertaining to the charter schools, such 3526
as a charter management organization, financial performance of 3527
each charter school as a program of the nonprofit entity as well 3528
as financial performance and sustainability of the nonprofit 3529
entity, provided that school and organizational indicators, 3530
measures and metrics are logical and not unduly duplicative; and 3531
(i) Board performance and stewardship, including 3532
compliance with all applicable laws, regulations and terms of the 3533
charter contract. 3534
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* * * ( * * *2) Annual performance targets must be set by 3535
each charter school in conjunction with the authorizer and must be 3536
designed to help each school meet applicable federal, state and 3537
authorizer expectations. 3538
( * * *3) The performance framework must allow the inclusion 3539
of additional rigorous, valid and reliable indicators proposed by 3540
the governing board of a charter school to augment external 3541
evaluations of * * * school and organizational performance; 3542
however, * * * its authorizer must approve the quality and rigor 3543
of any indicators proposed by the governing board of a charter 3544
school, which indicators must be consistent with the purposes of 3545
this chapter. 3546
( * * *4) The performance framework must require the 3547
disaggregation of all student performance data by major student 3548
subgroups (gender, race, poverty status, special education 3549
status * * * and English learner status * * *). However, 3550
achievement gap measures must be deemed sufficient for evaluating 3551
subgroup performance without additional duplicative measures. 3552
( * * *5) The authorizer shall collect, analyze and report 3553
all data from state assessments and other necessary sources in 3554
accordance with * * * its performance framework * * *. 3555
* * * 3556
SECTION 49. Section 37-28-31, Mississippi Code of 1972, is 3557
amended as follows: 3558
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37-28-31. (1) * * * Each authorizer shall monitor annually 3559
the performance and legal compliance of each charter school it 3560
oversees, including collecting and analyzing data to support the 3561
school's evaluation according to the charter contract. The 3562
authorizer may conduct or require oversight activities that enable 3563
the authorizer to fulfill its responsibilities under this chapter, 3564
including conducting appropriate inquiries and investigations 3565
based on reasonable suspicion of misconduct or a violation of law, 3566
properly adopted authorizer policy or the charter contract, so 3567
long as those activities are consistent with the intent of 3568
this * * * chapter, adhere to written policies and procedures of 3569
the authorizer and the terms of the charter contract and do not 3570
unduly inhibit the autonomy granted to charter schools. The 3571
authorizer shall not discuss its oversight activities, inquiries 3572
or investigations in executive session unless clear and convincing 3573
evidence exists that an investigation would be irreparably harmed 3574
by discussing it in an open session. 3575
(2) As part of its annual report to the Legislature, the 3576
authorizer shall publish and provide a performance report for each 3577
charter school it oversees in accordance with the performance 3578
framework set forth in the charter contract. The report must be 3579
made available to the public at the same time as it is submitted 3580
to the Legislature. The authorizer may require each charter 3581
school it oversees to submit an annual report to assist the 3582
authorizer in gathering complete information about each school, 3583
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consistent with the performance framework. The authorizer shall 3584
not require charter schools under the same contract or whose 3585
contracts are held by the same nonprofit entity to submit separate 3586
reports but shall instead require one (1) annual report from the 3587
nonprofit entity on behalf of all of its authorized schools. 3588
(3) If a charter school's performance or legal compliance is 3589
unsatisfactory, * * * its authorizer shall notify promptly the 3590
charter school of the problem and provide reasonable opportunity 3591
for the school to remedy the problem unless the problem warrants 3592
revocation, in which case the revocation timeframes will apply. 3593
(4) The authorizer may take appropriate corrective actions 3594
or exercise sanctions in response to * * * clear and convincing 3595
evidence of deficiencies in a charter school's performance or 3596
legal compliance. If warranted, the actions or sanctions may 3597
include requiring a charter school to develop and execute a 3598
corrective action plan within a specified timeframe. 3599
SECTION 50. Section 37-28-33, Mississippi Code of 1972, is 3600
amended as follows: 3601
37-28-33. (1) The contract for * * * a charter school or 3602
the term for a charter school within a contract that includes more 3603
than one (1) school may be renewed for successive five-year terms 3604
of duration. Any charter school meeting its authorizer's 3605
expectations as evidenced by the school's most recent overall 3606
performance framework results shall be renewed for a full term of 3607
five (5) years. The authorizer may grant renewal with specific 3608
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conditions for necessary improvements to a charter school not 3609
meeting overall expectation on its most recent performance 3610
framework, and may lessen the renewal term based on the school's 3611
performance, demonstrated capacities and particular circumstances 3612
of each charter school if these do not meet published renewal 3613
criteria. A charter school renewed for fewer than five (5) years 3614
has the same right to appeal as a charter school for which a 3615
charter is revoked or not renewed. The authorizer must describe 3616
its rationale in writing for a renewal of fewer than five (5) 3617
years in the same manner as required under subsections (10) and 3618
(11) of this section. 3619
(2) Before September 30 of each year, * * * each authorizer 3620
shall issue a charter school performance report and charter 3621
renewal application guidance to any charter school whose charter 3622
term will expire the following year. The performance report must 3623
summarize the charter school's performance record to date, based 3624
on the data required by this chapter and the charter contract, and 3625
must provide notice of any weaknesses or concerns perceived by the 3626
authorizer which may jeopardize the charter school's position in 3627
seeking renewal if not timely rectified. The charter school must 3628
respond and submit any corrections or clarifications for the 3629
performance report within ninety (90) days after receiving the 3630
report. 3631
(3) The charter renewal application guidance must provide, 3632
at a minimum, an opportunity for the charter school to: 3633
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(a) Present additional evidence, beyond the data 3634
contained in the performance report, supporting its case for 3635
charter renewal; 3636
(b) Describe improvements undertaken or planned for the 3637
school; and 3638
(c) Detail the school's plans for the next charter 3639
term. 3640
(4) The charter renewal application guidance must include or 3641
refer explicitly to the criteria that will guide the authorizer's 3642
renewal decision, which must be based on the performance framework 3643
set forth in the charter contract and consistent with this 3644
chapter. 3645
(5) Before * * * December 1 in the final year of charter 3646
school's approved term, the governing board of a charter school 3647
seeking renewal shall submit a renewal application to the 3648
authorizer pursuant to the charter renewal application guidance 3649
issued by * * * that authorizer. The authorizer shall adopt a 3650
resolution ruling on the renewal application no later than ninety 3651
(90) days after the filing of the renewal application. However, 3652
nothing shall preclude a school from seeking, or being granted in 3653
accordance with authorizer policies, renewal in the penultimate 3654
year of its term, provided the school meets overall expectations 3655
on its performance framework in the two (2) most recent years of 3656
its operation. 3657
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(6) In making each charter renewal decision, the authorizer 3658
must: 3659
(a) Ground its decision in evidence of the school's 3660
performance over the term of the charter contract in accordance 3661
with the performance framework set forth in the charter contract 3662
and the renewal criteria published in the authorizer's renewal 3663
application guidance; 3664
(b) Ensure that data used in making the renewal 3665
decision is available to the school and the public; and 3666
(c) Provide a public report summarizing the evidence 3667
that is the basis for the renewal decision. 3668
(7) A charter contract or the term of a charter school 3669
within a contract that includes more than one (1) school must be 3670
revoked at any time or not renewed if * * * its authorizer 3671
determines by clear and convincing evidence that the charter 3672
school has done any of the following or otherwise failed to comply 3673
with the provisions of this chapter: 3674
(a) Committed a material and substantial violation of 3675
any of the terms, conditions, standards or procedures required 3676
under this chapter or the charter contract; 3677
(b) Failed to meet or make sufficient progress toward 3678
the performance expectations set forth in the charter contract by 3679
the end of the contract term; 3680
(c) Failed to meet generally accepted standards of 3681
fiscal management; or 3682
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(d) Substantially violated any material provision of 3683
law which is applicable to the charter school. 3684
(8) * * * Each authorizer shall develop revocation and 3685
nonrenewal processes that: 3686
(a) Provide the governing board of a charter school 3687
with a timely notification of the prospect of revocation or 3688
nonrenewal and of the reasons for such possible closure, which are 3689
limited to those prescribed in subsection (7) of this section; 3690
(b) Allow the governing board a reasonable amount of 3691
time in which to prepare a response; 3692
(c) Provide the governing board with an opportunity to 3693
submit documents and give testimony challenging the rationale for 3694
closure and in support of the continuation of the school at an 3695
orderly proceeding held for that purpose; 3696
(d) Allow the governing board access to representation 3697
by counsel and to call witnesses on the school's behalf; 3698
(e) Permit the recording of such proceedings; and 3699
(f) After a reasonable period for deliberation, require 3700
a final determination to be made and conveyed in writing to the 3701
governing board. 3702
(9) * * * Notwithstanding any provision to the contrary, the 3703
authorizer may not renew the charter of any charter school that, 3704
during the school's final two (2) operating years under the term 3705
of the charter contract, is designated an "F" school under the 3706
school accreditation rating system. 3707
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(10) If the authorizer revokes * * *, does not renew or 3708
renews for less than a five-year term, the contract of a charter 3709
school or the term of a charter school within a contract that 3710
includes more than one (1) school, the authorizer must state 3711
clearly, in a resolution * * * adopted by the authorizer board, 3712
the reasons for the revocation * * *, nonrenewal or shortened 3713
renewal term, which shall be one or more of the reasons prescribed 3714
in subsection (7) of this section. 3715
(11) Within ten (10) days after taking action to renew, not 3716
renew or revoke a charter contract or the term of any charter 3717
school within a contract that includes more than one (1) school, 3718
the authorizer shall provide a report to the charter school. The 3719
report must include a copy of the authorizer's * * * resolution 3720
setting forth the action taken, reasons for the * * * authorizer's 3721
decision and assurances as to compliance with all of the 3722
requirements set forth in this chapter. 3723
SECTION 51. Section 37-28-35, Mississippi Code of 1972, is 3724
amended as follows: 3725
37-28-35. (1) Before implementing a charter school closure 3726
decision, the authorizer must develop a charter school closure 3727
protocol to ensure timely notification to parents, orderly 3728
transition of students and student records to new schools, and 3729
proper disposition of school funds, property and assets in 3730
accordance with the requirements of this chapter. The protocol 3731
must specify tasks, timelines and responsible parties, including 3732
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delineating the respective duties of the school, its governing 3733
board and nonprofit entity and the authorizer. If a charter 3734
school is to be closed for any reason, the authorizer shall 3735
oversee and work with the closing school and its governing board 3736
and nonprofit entity to ensure a smooth and orderly closure and 3737
transition for students and parents, as guided by the closure 3738
protocol. No charter school shall be closed by its authorizer 3739
before the end of the school year in which the decision for 3740
closure is made, unless the authorizer determines that the health 3741
and safety of the students in the school warrant its immediate 3742
closure. 3743
(2) If a charter school closes, all unspent government 3744
funds, unspent earnings from those funds and assets purchased with 3745
government funds must revert to the local school district in which 3746
the charter school is located unless the school operates under a 3747
nonprofit entity authorized to operate more than one (1) 3748
Mississippi school, in which the requirements of Section 37-28-21 3749
shall apply. Unless otherwise provided for in the charter 3750
contract or a debt instrument or grant agreement, unspent funds 3751
from nongovernmental sources, unspent earnings from those funds, 3752
assets purchased with those funds and debts of the school must 3753
revert to the nonprofit entity * * * which held the charter 3754
contract for the school and may be used, retained or disposed of 3755
according to applicable laws for nonprofit corporations. 3756
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SECTION 52. Section 37-28-37, Mississippi Code of 1972, is 3757
amended as follows: 3758
37-28-37. (1) Before * * * December 1 of each year, 3759
beginning in the year that the * * * authorizer has had at least 3760
one (1) charter school operating for a full school year, * * * 3761
each authorizer shall issue to the Governor, Legislature, State 3762
Board of Education and the public an annual report on * * * its 3763
charter schools for the preceding school year. * * * The report 3764
must include the authorizer's assessment of the successes, 3765
challenges and areas for improvement in meeting the purposes of 3766
this chapter. The report also must include an assessment on 3767
whether the number and size of operating charter schools are 3768
sufficient to meet demand, as calculated according to admissions 3769
data and the number of students denied enrollment based on lottery 3770
results. * * * 3771
(2) The Joint Legislative Committee on Performance 3772
Evaluation and Expenditure Review (PEER) shall prepare an annual 3773
report assessing the sufficiency of funding for charter schools, 3774
the efficacy of the state formula for authorizer funding, and any 3775
suggested changes in state law or policy necessary to strengthen 3776
the state's charter schools. 3777
(3) The report due from the authorizer under this section 3778
must be coordinated with reports due from charter * * * schools, 3779
as near as possible, to decrease or eliminate duplication. 3780
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SECTION 53. Section 37-28-39, Mississippi Code of 1972, is 3781
amended as follows: 3782
37-28-39. (1) Notwithstanding any provision of law to the 3783
contrary, to the extent that any provision of this chapter is 3784
inconsistent with any other state or local law, rule or 3785
regulation, the provisions of this act govern and are controlling. 3786
(2) * * * The entity holding a charter contract, including a 3787
charter management organization, and any education service 3788
provider which provides comprehensive management for a charter 3789
school must be a nonprofit education organization. 3790
(3) A charter school is subject to all federal laws and 3791
authorities specified in this chapter or agreed upon with the 3792
authorizer in the charter contract, where such contracting is 3793
consistent with applicable laws, rules and regulations. 3794
(4) To the extent approved by the authorizer, a charter 3795
contract may consist of one or more schools. Each charter school 3796
that is part of a charter contract must be separate and distinct 3797
from any other charter school for oversight and renewal, 3798
nonrenewal or revocation purposes. 3799
(5) A single governing board may hold one or more charter 3800
contracts. 3801
(6) The governing board of a nonprofit entity holding a 3802
charter contract for more than one (1) school, including a charter 3803
management organization, shall choose whether each school listed 3804
in its contract shall function as a local educational agency or if 3805
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the nonprofit entity will function as a local educational agency. 3806
If a nonprofit entity only operates a single charter school, * * * 3807
the charter school must function as a local educational 3808
agency * * *. Any local education agency composed of one or more 3809
charter schools is responsible for meeting the requirements of 3810
local educational agencies under applicable federal laws, 3811
including those relating to special education, receipt of federal 3812
funds and compliance with federal funding requirements. Status as 3813
a local educational agency, however, does not preclude the 3814
governing board of a charter school from developing, by mutual 3815
agreement or formal contract, links with the local school district 3816
for services, resources and programs. A charter school shall pay 3817
to a local school district any federal or state aid attributable 3818
to a student with a disability attending the charter school in 3819
proportion to the level of services for that student which the 3820
local school district provides directly or indirectly. 3821
SECTION 54. Section 37-28-41, Mississippi Code of 1972, is 3822
amended as follows: 3823
37-28-41. * * * The governing board of the nonprofit entity 3824
holding a charter contract may exercise those powers necessary for 3825
carrying out the terms of its charter contract, including, but not 3826
limited to, the following powers: 3827
(a) To receive and disburse funds authorized by law for 3828
school purposes; 3829
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(b) To secure appropriate insurance and to enter into 3830
contracts and leases; 3831
(c) To contract with an education service provider for 3832
the management and operation of the charter school so long as the 3833
school's governing board retains oversight authority over the 3834
school; 3835
(d) To contract with a school district or private 3836
provider to provide transportation to the school's students; 3837
(e) To negotiate and enter into a contract for the 3838
provision of and payment for special education services with a 3839
local school district or other qualified service providers, 3840
including, but not necessarily limited to, a reasonable reserve 3841
not to exceed five percent (5%) of the local school district's 3842
total special education services budget. The reserve may be used 3843
by the local school district only to offset excess costs of 3844
providing services to students with disabilities enrolled in the 3845
charter school; 3846
(f) To contract with an accredited online course 3847
provider for the delivery of virtual courses to students enrolled 3848
in the charter school; 3849
( * * *g) To solicit and accept any gifts or grants for 3850
school purposes subject to applicable laws and the terms of its 3851
charter contract; 3852
( * * *h) To acquire real property for use as its 3853
facility or facilities, from public or private sources; and 3854
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( * * *i) To sue and be sued in its own name. 3855
SECTION 55. Section 37-28-43, Mississippi Code of 1972, is 3856
amended as follows: 3857
37-28-43. (1) A charter school may not discriminate against 3858
any person on the basis of race, creed, color, sex, disability, 3859
national origin or any other category that would be unlawful if 3860
done by a noncharter public school. 3861
(2) A charter school may not engage in any sectarian 3862
practices in its educational program, admissions or employment 3863
policies or operations. 3864
(3) A charter school may not discriminate against any 3865
student on the basis of national origin, minority status or 3866
limited proficiency in English. Consistent with federal civil 3867
rights laws, charter schools must provide * * * students 3868
designated as English learners with appropriate services designed 3869
to teach them English and the general curriculum. 3870
(4) A charter school may not charge tuition or fees that 3871
would be unlawful if charged by a noncharter public school, except 3872
as permitted pursuant to Section 37-7-335. 3873
* * * 3874
SECTION 56. Section 37-28-45, Mississippi Code of 1972, is 3875
amended as follows: 3876
37-28-45. (1) Charter schools are subject to the same civil 3877
rights, health and safety requirements applicable to noncharter 3878
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public schools in the state, except as otherwise specifically 3879
provided in this chapter. 3880
(2) Charter schools are subject to the student 3881
assessment * * * requirements applicable to noncharter public 3882
schools in the state and must receive a performance classification 3883
from the State Department of Education in a manner consistent with 3884
the accountability rating system for school districts with grade 3885
level point allocations for elementary and secondary schools based 3886
on the grade level offering of charter schools as administered by 3887
its charter management organization; however, this requirement 3888
does not preclude a charter school from establishing additional 3889
student assessment measures that go beyond state 3890
requirements * * *. 3891
(3) Although a charter school is geographically located 3892
within the boundaries of a particular school district and * * * 3893
may enroll students who reside within the school district, the 3894
charter school may not be considered a school within that district 3895
under the purview of the school district's school board. The 3896
rules, regulations, policies and procedures established by the 3897
school board for the noncharter public schools that are in the 3898
school district in which the charter school is geographically 3899
located do not apply to the charter school unless otherwise 3900
required under the charter contract or any contract entered into 3901
between the charter * * * school's governing board and the local 3902
school board. 3903
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(4) Whenever the provisions of Title 37, Mississippi Code of 3904
1972, relating to the elementary and secondary education of public 3905
school students establish a requirement for or grant authority to 3906
local school districts, their school boards and the schools within 3907
the respective school districts, the language "school districts," 3908
"school boards," "boards of trustees," "the schools within a 3909
school district," or any other similar phraseology does not 3910
include a charter school and the governing board of a charter 3911
school unless the statute specifically is made applicable to 3912
charter schools as well as noncharter public schools. 3913
(5) A charter school is not subject to any rule, regulation, 3914
policy or procedure adopted by the State Board of Education or the 3915
State Department of Education unless such rule, regulation, policy 3916
or procedure is or was adopted pursuant to a law applicable to 3917
charter schools, including federal law, or otherwise required by 3918
this chapter. The authorizer * * * may not make any rule, 3919
regulation, policy or procedure adopted by the State Board of 3920
Education or the State Department of Education applicable to 3921
charter schools, which is not otherwise applicable under this 3922
chapter. 3923
(6) Charter schools and their governing boards, when 3924
conducting charter school business, are not exempt from the 3925
following statutes: 3926
(a) Chapter 41, Title 25, Mississippi Code of 1972, 3927
which relate to open meetings of public bodies. 3928
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(b) Chapter 61, Title 25, Mississippi Code of 1972, 3929
which relate to public access to public records. 3930
(c) Section 37-3-51, which requires notice by the 3931
district attorney of licensed school employees who are convicted 3932
of certain sex offenses. 3933
(d) Section 37-3-53, which requires publication of the 3934
Mississippi Report Card by the State Board of Education. 3935
(e) Section 37-11-18, which requires the automatic 3936
expulsion of a student possessing a weapon or controlled substance 3937
on educational property. 3938
(f) Section 37-11-18.1, which requires expulsion of 3939
certain habitually disruptive students. 3940
(g) Section 37-11-19, which requires suspension or 3941
expulsion of a student who damages school property. 3942
(h) Section 37-11-20, which prohibits acts of 3943
intimidation intended to keep a student from attending school. 3944
(i) Section 37-11-21, which prohibits parental abuse of 3945
school staff. 3946
(j) Section 37-11-23, which prohibits the willful 3947
disruption of school and school meetings. 3948
(k) Sections 37-11-29 and 37-11-31, which relate to 3949
reporting requirements regarding unlawful or violent acts on 3950
school property. 3951
(l) Section 37-11-67, which prohibits bullying or 3952
harassing behavior in public schools. 3953
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(m) Section 37-13-3, which prohibits doctrinal, 3954
sectarian or denominational teaching in public schools. 3955
(n) Sections 37-13-5 and 37-13-6, which require the 3956
flags of the United States and the State of Mississippi to be 3957
displayed near the school building. 3958
(o) Section 37-13-63(1), which prescribes the minimum 3959
number of days which public schools must be kept in session during 3960
a scholastic year. 3961
(p) Section 37-13-91, which is the Mississippi 3962
Compulsory School Attendance Law. 3963
(q) Section 37-13-171(2) and (4), which requires any 3964
course containing sex-related education to include instruction in 3965
abstinence-only or abstinence-plus education. 3966
(r) Section 37-13-173, which requires notice to parents 3967
before instruction on human sexuality is provided in public 3968
classrooms. 3969
(s) Section 37-13-193, which relates to civil rights 3970
and human rights education in the public schools. 3971
(t) Sections 37-15-1 and 37-15-3, which relate to the 3972
maintenance and transfer of permanent student records in public 3973
schools. 3974
(u) Section 37-15-6, which requires the State 3975
Department of Education to maintain a record of expulsions from 3976
the public schools. 3977
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(v) Section 37-15-9, which establishes minimum age 3978
requirements for kindergarten and first grade enrollment in public 3979
schools. 3980
(w) Section 37-15-11, which requires a parent, legal 3981
guardian or custodian to accompany a child seeking enrollment in a 3982
public school. 3983
(x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, 3984
which relate to the statewide assessment testing program. 3985
(y) Section 37-18-1, which establishes the 3986
Superior-Performing Schools Program and Exemplary Schools Program 3987
to recognize public schools that improve. 3988
(z) Section 37-7-301 and Section 81 of this act, which 3989
requires all high school students to pass a one-half (1/2) 3990
Carnegie Unit credit course in personal finance or a full Carnegie 3991
Unit course where half the course standards are financial literacy 3992
as a requirement for earning a high school diploma. 3993
SECTION 57. Section 37-28-47, Mississippi Code of 1972, is 3994
amended as follows: 3995
37-28-47. (1) (a) Charter schools must comply with 3996
applicable federal laws, rules and regulations regarding the 3997
qualification of teachers and other instructional staff. No more 3998
than * * * fifty percent (50%) of teachers in a charter school may 3999
be exempt from state teacher licensure requirements. 4000
Provisionally licensed teachers as well as licensed teachers 4001
teaching out of field may not be counted against a charter 4002
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school's fifty percent (50%) exemption. The authorizer may 4003
consider the small staff size of the school in determining what 4004
consequences apply in cases where more than fifty percent (50%) of 4005
a charter school's staff is unlicensed. Administrators of charter 4006
schools are exempt from state administrator licensure 4007
requirements. However, teachers and administrators must have a 4008
bachelor's degree as a minimum requirement, and teachers must have 4009
demonstrated subject-matter competency. * * * 4010
(b) A charter school may not staff positions for 4011
teachers, administrators, ancillary support personnel or other 4012
employees by utilizing or otherwise relying on nonimmigrant 4013
foreign worker visa programs. However, a charter school may 4014
submit a request to * * * its authorizer for an exception allowing 4015
the employment of a nonimmigrant foreign worker before the worker 4016
is employed. The authorizer may grant permission for the 4017
employment of the nonimmigrant foreign worker only if the charter 4018
school makes a satisfactory showing of efforts to recruit lawful 4019
permanent residents of the United States to fill the position and 4020
a lack of qualified applicants to fill the position. 4021
(2) Employees in charter schools must have the same general 4022
rights and privileges as other public school employees, except 4023
such employees are not: 4024
(a) Covered under the Education Employment Procedures 4025
Law (Section 37-9-103); and 4026
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(b) Subject to the state salary requirements prescribed 4027
in Section 37-19-7. 4028
(3) For the purpose of eligibility for participation in the 4029
Public Employees' Retirement System, a public charter school is 4030
considered to be a political subdivision of the state; however, 4031
the nonprofit entity holding the charter contract is not a 4032
political subdivision. Employees * * * paid through governmental 4033
funds, which are provided for the operation of a public charter 4034
school, are eligible for participation in the Public Employee's 4035
Retirement System, as well as other benefits programs, if the 4036
governing board of the nonprofit entity holding the charter 4037
contract chooses for the charter school to participate. 4038
(4) (a) The following charter school employees shall 4039
receive an annual salary supplement in the amount of Six Thousand 4040
Dollars ($6,000.00), in addition to any other compensation to 4041
which the charter employee may be entitled: 4042
(i) Any licensed teacher who has met the 4043
requirements and acquired a Master Teacher certificate from the 4044
National Board for Professional Teaching Standards and who is 4045
employed by a charter school as a teacher and not as an 4046
administrator. Such teacher shall submit documentation to the 4047
State Department of Education that the certificate was received 4048
prior to October 15 in order to be eligible for the full salary 4049
supplement in the current school year, or the teacher shall submit 4050
such documentation to the State Department of Education prior to 4051
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February 15 in order to be eligible for a prorated salary 4052
supplement beginning with the second term of the school year. 4053
(ii) A licensed nurse who has met the requirements 4054
and acquired a certificate from the National Board for 4055
Certification of School Nurses, Inc., and who is employed by a 4056
charter school as a school nurse and not as an administrator. The 4057
licensed school nurse shall submit documentation to the State 4058
Department of Education that the certificate was received before 4059
October 15 in order to be eligible for the full salary supplement 4060
in the current school year, or the licensed school nurse shall 4061
submit the documentation to the State Department of Education 4062
before February 15 in order to be eligible for a prorated salary 4063
supplement beginning with the second term of the school year. 4064
(iii) Any licensed school counselor who has met 4065
the requirements and acquired a National Certified School 4066
Counselor (NCSC) endorsement from the National Board of Certified 4067
Counselors and who is employed by a charter school as a counselor 4068
and not as an administrator. Such licensed school counselor shall 4069
submit documentation to the State Department of Education that the 4070
endorsement was received prior to October 15 in order to be 4071
eligible for the full salary supplement in the current school 4072
year, or the licensed school counselor shall submit such 4073
documentation to the State Department of Education prior to 4074
February 15 in order to be eligible for a prorated salary 4075
supplement beginning with the second term of the school year. 4076
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(iv) Any licensed speech language pathologist and 4077
audiologist who has met the requirements and acquired a 4078
Certificate of Clinical Competence from the American Speech 4079
Language Hearing Association and any certified academic language 4080
therapist (CALT) who has met the certification requirements of the 4081
Academic Language Therapy Association and who is employed by a 4082
local school board. The licensed speech language pathologist and 4083
audiologist and certified academic language therapist shall submit 4084
documentation to the State Department of Education that the 4085
certificate or endorsement was received before October 15 in order 4086
to be eligible for the full salary supplement in the current 4087
school year, or the licensed speech language pathologist and 4088
audiologist and certified academic language therapist shall submit 4089
the documentation to the State Department of Education before 4090
February 15 in order to be eligible for a prorated salary 4091
supplement beginning with the second term of the school year. 4092
(v) Any licensed athletic trainer who has met the 4093
requirements and acquired Board Certification for the Athletic 4094
Trainer from the Board of Certification, Inc., and who is employed 4095
by a charter school as an athletic trainer and not as an 4096
administrator. The licensed athletic trainer shall submit 4097
documentation to the State Department of Education that the 4098
certificate was received before October 15 in order to be eligible 4099
for the full salary supplement in the current school year, or the 4100
licensed athletic trainer shall submit the documentation to the 4101
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State Department of Education before February 15 in order to be 4102
eligible for a prorated salary supplement beginning with the 4103
second term of the school year. 4104
(vi) An occupational therapist who has met the 4105
requirements and acquired initial certification as an Occupational 4106
Therapist Registered from the National Board for Certification in 4107
Occupational Therapy, Inc., and who is employed by a charter 4108
school as an occupational therapist and not an administrator. The 4109
certified occupational therapist shall submit documentation to the 4110
State Department of Education that the certification was received 4111
before October 15 of each year in order to be eligible for the 4112
full salary supplement in the current school year, or the 4113
occupational therapist shall submit the documentation to the State 4114
Department of Education before February 15 of each year in order 4115
to be eligible for a prorated salary supplement beginning with the 4116
second term of the school year. 4117
(vii) Any licensed school psychologist who has met 4118
the requirements and acquired certification as a Nationally 4119
Certified School Psychologist (NCSP) from the National Association 4120
of School Psychologists (NASP), and who is employed by a charter 4121
school as a school psychologist. The licensed school psychologist 4122
shall submit documentation to the State Department of Education 4123
that the certificate was received before October 15 in order to be 4124
eligible for the full salary supplement in the current school 4125
year, or the licensed school psychologist shall submit the 4126
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documentation to the State Department of Education before February 4127
15 in order to be eligible for a prorated salary supplement 4128
beginning with the second term of the school year. 4129
(b) A charter school employee shall be reimbursed for 4130
the actual cost of completing each component of acquiring the 4131
certificate or endorsement, excluding any costs incurred for 4132
postgraduate courses, not to exceed Five Hundred Dollars ($500.00) 4133
for each component, not to exceed four (4) components, for a 4134
teacher, school counselor or speech language pathologist and 4135
audiologist, regardless of whether or not the process resulted in 4136
the award of the certificate or endorsement. The charter school 4137
governing board or any private individual or entity may pay the 4138
cost of completing the process of acquiring the certificate or 4139
endorsement for any employee of the school district described 4140
under paragraph (a), and the State Department of Education shall 4141
reimburse the charter school for such cost, regardless of whether 4142
or not the process resulted in the award of the certificate or 4143
endorsement. If a private individual or entity has paid the cost 4144
of completing the process of acquiring the certificate or 4145
endorsement for an employee, the charter school may agree to 4146
directly reimburse the individual or entity for such cost on 4147
behalf of the employee. 4148
(c) All salary supplements and process reimbursement 4149
authorized under this subsection shall be paid directly by the 4150
State Department of Education to the charter school for payment to 4151
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the employee who earned it and shall be in addition to its 4152
adequate education program or any successor state public school 4153
funding formula allotments and not a part thereof in accordance 4154
with regulations promulgated by the State Board of Education. 4155
However, an educational employee shall receive the salary 4156
supplement in the amount of Six Thousand Dollars ($6,000.00) for 4157
only one (1) of the qualifying certifications authorized under 4158
paragraph (a) of this subsection. No charter school shall provide 4159
more than one (1) annual salary supplement under the provisions of 4160
this subsection to any one (1) individual employee holding 4161
multiple qualifying national certifications. 4162
(d) If an employee for whom such cost has been paid, in 4163
full or in part, by a charter school governing board or private 4164
individual or entity fails to complete the certification or 4165
endorsement process, the employee shall be liable to the charter 4166
school or individual or entity for all amounts paid by the charter 4167
school governing board or individual or entity on behalf of that 4168
employee toward his or her certificate or endorsement. 4169
SECTION 58. Section 37-28-49, Mississippi Code of 1972, is 4170
amended as follows: 4171
37-28-49. (1) Charter school teachers and other school 4172
personnel, as well as members of the governing board and any 4173
education service provider with whom * * * the governing board 4174
contracts, are subject to criminal history record checks and 4175
fingerprinting requirements applicable to employees of other 4176
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public schools. * * * Each authorizer shall require that current 4177
criminal records background checks and current child abuse 4178
registry checks are obtained, and that the criminal record 4179
information and registry checks are on file at the charter school 4180
for any new hires applying for employment. In order to determine 4181
an applicant's suitability for employment, the applicant must be 4182
fingerprinted. If no disqualifying record is identified at the 4183
state level, the fingerprints must be forwarded by the Department 4184
of Public Safety to the Federal Bureau of Investigation for a 4185
national criminal history record check. Under no circumstances 4186
may * * * anyone associated with the authorizer, member of * * * a 4187
charter school governing board or any individual other than the 4188
subject of the criminal history record checks view or disseminate 4189
information received through the checks except as may be required 4190
to fulfill the purposes of this section. The determination 4191
whether the applicant has a disqualifying crime, as set forth in 4192
subsection (2) of this section, must be made by the appropriate 4193
state or federal governmental authority, which must notify the 4194
charter school whether a disqualifying crime exists. 4195
(2) If the fingerprinting or criminal record checks disclose 4196
a felony conviction, guilty plea or plea of nolo contendere to a 4197
felony of possession or sale of drugs, murder, manslaughter, armed 4198
robbery, rape, sexual battery, sex offense listed in Section 4199
45-33-23(g), child abuse, arson, grand larceny, burglary, 4200
gratification of lust or aggravated assault which has not been 4201
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reversed on appeal or for which a pardon has not been granted, 4202
the * * * applicant is not eligible to be employed at the charter 4203
school. However, the charter school, in its discretion, may allow 4204
any applicant aggrieved by the employment decision under this 4205
section to show mitigating circumstances that exist and may allow, 4206
subject to the approval of * * * its authorizer, the * * * 4207
applicant to be employed at the school. The authorizer may 4208
approve the employment depending on the mitigating circumstances, 4209
which may include, but need not be limited to: (a) age at which 4210
the crime was committed; (b) circumstances surrounding the crime; 4211
(c) length of time since the conviction and criminal history since 4212
the conviction; (d) work history; (e) current employment and 4213
character references; and (f) other evidence demonstrating the 4214
ability of the person to perform the employment responsibilities 4215
competently and that the person does not pose a threat to the 4216
health or safety of children. 4217
(3) No charter school, charter school employee, member of 4218
the charter school governing board, * * * or member or employee of 4219
the * * * authorizer may be held liable in any employment 4220
discrimination suit in which an allegation of discrimination is 4221
made regarding an employment decision authorized under this 4222
section. 4223
(4) A charter school shall terminate any teacher or 4224
administrator for committing one or more of the following acts: 4225
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(a) Engaging in unethical conduct relating to an 4226
educator-student relationship as identified by the 4227
Mississippi * * * Educator Code of Ethics; 4228
(b) Fondling a student as described in Section 97-5-23 4229
or engaging in any type of sexual involvement with a student as 4230
described in Section 97-3-95; or 4231
(c) Failure to report sexual involvement of a charter 4232
school employee with a student as required by Section 97-5-24. 4233
SECTION 59. Section 37-28-53, Mississippi Code of 1972, is 4234
amended as follows: 4235
37-28-53. (1) Each charter school, or charter management 4236
organization, on its behalf, shall certify annually to the State 4237
Department of Education its student enrollment, net enrollment and 4238
student participation in federal programs. Nothing in this 4239
section shall be construed to allow the State Department of 4240
Education to collect information not necessary for these 4241
calculations unless otherwise specifically authorized by law. 4242
(2) Each charter school shall certify annually to the school 4243
board of the school district in which the charter school is 4244
located the number of enrolled charter school students residing in 4245
the school district. 4246
SECTION 60. Section 37-28-55, Mississippi Code of 1972, is 4247
amended as follows: 4248
37-28-55. (1) (a) The State Department of Education shall 4249
make payments to charter schools for each student in net 4250
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enrollment at the charter school, as determined under Section 4251
37-151-207, equal to the state share of total funding formula 4252
payments for each student, as determined under Section 37-151-211. 4253
(b) Payments made pursuant to this subsection by the 4254
State Department of Education must be made at the same time and in 4255
the same manner as total funding formula payments are made to 4256
school districts under Sections 37-151-101 and 37-151-103. 4257
Amounts payable to a charter school must be determined by the 4258
State Department of Education pursuant to this section and the 4259
total funding formula. Enrollment projections made under Section 4260
37-151-207 to determine the net enrollment of a charter school for 4261
calculating the state share payment must be reconciled with a 4262
charter school's net enrollment using months two (2) and three (3) 4263
for the year for which total funding formula funds are being 4264
appropriated, and any necessary adjustments must be made to 4265
payments during the school's following year of operation. Any 4266
necessary adjustment must be based on the state share of the per 4267
pupil amount in effect for the year for which net membership did 4268
not meet enrollment projections and not any new amount 4269
appropriated for the year in which the adjustment will be made. 4270
If a charter school is closed by the authorizer before the 4271
following year, it must pay to the state any amounts due before 4272
completion of the closure. 4273
(2) (a) For students attending a charter school located in 4274
the school district in which the student resides, the school 4275
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district in which the charter school is located shall pay directly 4276
to the charter school an amount as follows: the sum of the local 4277
pro rata amount, as calculated by the State Department of 4278
Education in accordance with Section 37-151-211(2)(b) (local 4279
contribution), and the local pro rata amount, as calculated by the 4280
State Department of Education in accordance with Section 37-57-105 4281
(school district operational levy), multiplied by the number of 4282
resident students enrolled in the charter school, based on the 4283
charter school's months two (2) and three (3) net enrollment of 4284
resident students for the current school year. However, the 4285
amount to the charter school may not include any taxes levied for 4286
the retirement of the local school district's bonded indebtedness 4287
or short-term notes or any taxes levied for the support of 4288
vocational-technical education programs. 4289
(b) The amount must be paid by the school district to 4290
the charter school before January 16 of the current fiscal year. 4291
If the local school district does not pay the required amount to 4292
the charter school before January 16, the State Department of 4293
Education shall reduce the local school district's January 4294
transfer of total funding formula funds by the amount owed to the 4295
charter school and shall redirect that amount to the charter 4296
school. Any such payments made under this paragraph by the State 4297
Department of Education to a charter school must be made at the 4298
same time and in the same manner as total funding formula payments 4299
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are made to school districts under Sections 37-151-101 and 4300
37-151-103. 4301
(3) (a) For students attending a charter school located in 4302
a school district in which the student does not reside, the State 4303
Department of Education shall pay to the charter school in which 4304
the students are enrolled an amount as follows: the sum of the 4305
local pro rata amount, as calculated by the State Department of 4306
Education in accordance with Section 37-151-211(2)(b) (local 4307
contribution), and the local pro rata amount, as calculated by the 4308
State Department of Education in accordance with Section 37-57-105 4309
(school district operational levy), multiplied by the number of 4310
students enrolled in the charter school but residing in that 4311
district, based on the charter school's months two (2) and three 4312
(3) net enrollment of these students for the current school year. 4313
However, the amount to the charter school may not include any 4314
taxes levied for the retirement of the local school district's 4315
bonded indebtedness or short-term notes or any taxes levied for 4316
the support of vocational-technical education programs. 4317
(b) The State Department of Education shall reduce the 4318
school district's January transfer of total funding formula funds 4319
by the amount owed to the charter school and shall redirect that 4320
amount to the charter school. Any such payments made under this 4321
subsection (3) by the State Department of Education to a charter 4322
school must be made at the same time and in the same manner as 4323
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total funding formula payments are made to school districts under 4324
Sections 37-151-101 and 37-151-103. 4325
(4) (a) The State Department of Education shall direct the 4326
proportionate share of monies generated under federal programs, 4327
including, but not limited to, special education, vocational, 4328
English Language Learner, and other programs, to charter schools 4329
serving students eligible for such funding. The department shall 4330
ensure that charter schools with rapidly expanding enrollments are 4331
treated equitably in the calculation and disbursement of all 4332
federal program dollars. Each charter school that serves students 4333
who may be eligible to receive services provided through such 4334
programs shall comply with all reporting requirements to receive 4335
the aid. 4336
(b) A charter school shall pay to a local school 4337
district any federal or state aid attributable to a student with a 4338
disability attending the charter school in proportion to the level 4339
of services for that student which the local school district 4340
provides directly or indirectly. 4341
(c) * * * A charter school and a local school district 4342
may negotiate and enter into a contract for the provision of and 4343
payment for special education services, including, but not 4344
necessarily limited to, a reasonable reserve not to exceed five 4345
percent (5%) of the local school district's total budget for 4346
providing special education services. The reserve may be used by 4347
the local school district only to offset excess costs of providing 4348
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services to students with disabilities enrolled in the charter 4349
school. 4350
(5) (a) The State Department of Education shall disburse 4351
state transportation funding to a charter school on the same basis 4352
and in the same manner as it is paid to school districts under the 4353
Section 37-151-201, et. seq. 4354
(b) A charter school may enter into a contract with a 4355
school district or private provider to provide transportation to 4356
the school's students. 4357
(6) The State Department of Education shall disburse 4358
Education Enhancement Funds for classroom supplies, instructional 4359
materials and equipment, including computers and computer software 4360
to all eligible charter school teachers on the same basis and in 4361
the same manner as it is paid to school districts under Section 4362
37-61-33(3)(a)(iii) for the purpose of issuing procurement cards 4363
or credentials for a digital solution to eligible teachers. 4364
(7) Payments for charter schools operated by a charter 4365
management organization shall, if requested by the charter 4366
management organization, be made to the charter management 4367
organization rather than to the individual charter schools. 4368
SECTION 61. Section 37-28-57, Mississippi Code of 1972, is 4369
amended as follows: 4370
37-28-57. (1) (a) A charter school must adhere to 4371
generally accepted accounting principles as determined by the 4372
Financial Accounting Standards Board. The State Auditor, in 4373
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consultation with nationally recognized experts in charter school 4374
financial accountability, shall develop financial rules and 4375
regulations, including a financial accounting manual, for charter 4376
schools that ensure accountability, transparency and comparability 4377
but reflect charter schools' autonomy and the nongovernmental, 4378
nonprofit status of the entities which hold their contracts. 4379
(b) Charter schools shall not be required to adhere to 4380
the financial accounting manual in use by the State Department of 4381
Education for school districts or any State Department of 4382
Education financial policy or procedure whose legal authority 4383
derives from a law not applicable to charter schools, unless 4384
otherwise made applicable by this chapter. Charter schools must 4385
comply with financial policies required for receipt and use of 4386
federal funds. 4387
(2) A nonprofit entity holding a charter contract for one or 4388
more charter schools shall have its financial records audited 4389
annually, with each school reported as a program under the entity, 4390
at the end of each fiscal year, either by the State Auditor or by 4391
a certified public accountant approved by the State Auditor. 4392
However, a certified public accountant may not be selected to 4393
perform the annual audit of a nonprofit entity holding a charter 4394
contract for one or more charter schools * * * for more than three 4395
(3) consecutive years. Certified public accountants must be 4396
selected in a manner determined by the State Auditor. The * * * 4397
nonprofit entity shall file a copy of * * * its audit report and 4398
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accompanying management letter with the authorizer before * * * 4399
December 1 of the calendar year the audit is conducted. 4400
(3) A nonprofit entity holding a charter contract for one or 4401
more charter schools shall not be required to report duplicative 4402
information, financial or otherwise, to both the State Department 4403
of Education and its authorizer on behalf of its schools. The 4404
State Department of Education and each authorizer shall enact a 4405
process to share relevant information as required by this chapter 4406
such that a nonprofit entity holding a charter contract for one or 4407
more charter schools must only report such information once. 4408
SECTION 62. Section 37-28-1, Mississippi Code of 1972, is 4409
brought forward as follows: 4410
37-28-1. This chapter shall be known and may be cited as the 4411
"Mississippi Charter Schools Act of 2013." 4412
SECTION 63. Section 37-28-3, Mississippi Code of 1972, is 4413
brought forward as follows: 4414
37-28-3. (1) The Legislature finds and declares that the 4415
general purposes of the state's charter schools are as follows: 4416
(a) To improve student learning by creating 4417
high-quality schools with high standards for student performance; 4418
(b) To close achievement gaps between high-performing 4419
and low-performing groups of public school students; 4420
(c) To increase high-quality educational opportunities 4421
within the public education system for all students, especially 4422
those with a likelihood of academic failure; 4423
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(d) To create new professional opportunities for 4424
teachers, school administrators and other school personnel which 4425
allow them to have a direct voice in the operation of their 4426
schools; 4427
(e) To encourage the use of different, high-quality 4428
models of teaching, governing, scheduling and other aspects of 4429
schooling which meet a variety of student needs; 4430
(f) To allow public schools freedom and flexibility in 4431
exchange for exceptional levels of results driven accountability; 4432
(g) To provide students, parents, community members and 4433
local entities with expanded opportunities for involvement in the 4434
public education system; and 4435
(h) To encourage the replication of successful charter 4436
schools. 4437
(2) All charter schools in the state established under this 4438
chapter are public schools and are part of the state's public 4439
education system. 4440
(3) No provision of this chapter may be interpreted to allow 4441
the conversion of private schools into charter schools. 4442
SECTION 64. Section 37-28-17, Mississippi Code of 1972, is 4443
brought forward as follows: 4444
37-28-17. (1) The following are the purposes of a charter 4445
application: 4446
(a) To present the proposed charter school's academic 4447
and operational vision and plans; 4448
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(b) To demonstrate the applicant's capacities to 4449
execute the proposed vision and plans; and 4450
(c) To provide the authorizer a clear basis for 4451
assessing the applicant's plans and capacities. 4452
(2) An approved charter application may not serve as the 4453
school's charter contract. 4454
SECTION 65. Section 37-28-25, Mississippi Code of 1972, is 4455
brought forward as follows: 4456
37-28-25. If a student previously enrolled in a charter 4457
school enrolls in another public school in this state, the 4458
student's new school must accept credits earned by the student in 4459
courses or instructional programs at the charter school in a 4460
uniform and consistent manner and according to the same criteria 4461
that are used to accept academic credits from other public 4462
schools. 4463
SECTION 66. Section 37-28-27, Mississippi Code of 1972, is 4464
brought forward as follows: 4465
37-28-27. A school district must provide or publicize to 4466
parents and the general public information about charter schools 4467
as an enrollment option within the district to the same extent and 4468
through the same means that the district provides and publicizes 4469
information about noncharter public schools in the district. 4470
SECTION 67. Section 37-28-51, Mississippi Code of 1972, is 4471
brought forward as follows: 4472
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37-28-51. A charter school is eligible to participate in 4473
state-sponsored or district-sponsored athletic and academic 4474
interscholastic leagues, competitions, awards, scholarships and 4475
recognition programs for students, educators, administrators and 4476
schools to the same extent as noncharter public schools. 4477
SECTION 68. Section 37-28-59, Mississippi Code of 1972, is 4478
brought forward as follows: 4479
37-28-59. (1) Any monies received by a charter school from 4480
any source remaining in the charter school's accounts at the end 4481
of a budget year must remain in the charter school's accounts for 4482
use by the charter school during subsequent budget years. 4483
(2) Nothing in this chapter may be construed to prohibit any 4484
person or organization from providing funding or other assistance 4485
to the establishment or operation of a charter school. The 4486
governing board of a charter school may accept gifts, donations 4487
and grants of any kind made to the charter school and may expend 4488
or use such gifts, donations and grants in accordance with the 4489
conditions prescribed by the donor; however, a gift, donation or 4490
grant may not be accepted if it is subject to a condition that is 4491
contrary to any provision of law or term of the charter contract. 4492
(3) A charter school must disclose publicly all sources of 4493
private funding and all funds received from foreign sources, 4494
including gifts from foreign governments, foreign legal entities 4495
and domestic entities affiliated with either foreign governments 4496
or foreign legal entities. For the purposes of this subsection, 4497
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the term "foreign" means a country or jurisdiction outside of any 4498
state or territory of the United States. 4499
SECTION 69. Section 37-28-61, Mississippi Code of 1972, is 4500
brought forward as follows: 4501
37-28-61. (1) A charter school has a right of first refusal 4502
to purchase or lease at or below fair market value a closed public 4503
school facility or property or unused portions of a public school 4504
facility or property in the school district in which the charter 4505
school is located if the school district decides to sell or lease 4506
the public school facility or property. If a conversion charter 4507
school application is successful, the local school district owning 4508
the conversion charter school's facility must offer to lease or 4509
sell the building to the conversion charter school at or below 4510
fair market value. 4511
(2) A charter school may negotiate and contract at or below 4512
fair market value with a school district, state institution of 4513
higher learning, public community or junior college, or any other 4514
public or for-profit or nonprofit private entity for the use of a 4515
facility for a school building. 4516
(3) Public entities, including, but not limited to, 4517
libraries, community service organizations, museums, performing 4518
arts venues, theatres, cinemas, churches, community and junior 4519
colleges, colleges and universities, may provide space to charter 4520
schools within their facilities under their preexisting zoning and 4521
land use designations. 4522
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SECTION 70. Section 31-7-1, Mississippi Code of 1972, is 4523
amended as follows: 4524
31-7-1. The following terms are defined for the purposes of 4525
this chapter to have the following meanings: 4526
(a) "Agency" means any state board, commission, 4527
committee, council, university, department or unit thereof created 4528
by the Constitution or statutes if such board, commission, 4529
committee, council, university, department, unit or the head 4530
thereof is authorized to appoint subordinate staff by the 4531
Constitution or statute, except a legislative or judicial board, 4532
commission, committee, council, department or unit thereof; except 4533
a charter school authorized by the Mississippi Charter School 4534
Authorizer Board or any other charter school authorizing entity 4535
under the provisions of Section 37-28-7; and except the 4536
Mississippi State Port Authority; except the Mississippi School of 4537
the Arts (MSA) established in Section 37-140-1 et seq., for the 4538
sole purpose of the application of the term "agency" as it 4539
pertains to the Public Procurement Review Board's powers and 4540
responsibilities as defined in Section 27-104-7(2)(a), but without 4541
application to the use of the term within this chapter, effective 4542
July 1, 2020; and except the Mississippi School for the Blind and 4543
the Mississippi School for the Deaf (MSBD) for the sole purpose of 4544
the application of the term "agency" as it pertains to the Public 4545
Procurement Review Board's powers and responsibilities as defined 4546
in Section 27-104-7(2)(a), but without application to the use of 4547
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the term within this chapter, effective July 1, 2021. An academic 4548
medical center or health sciences school as defined in Section 4549
37-115-50 is not an "agency" for those purchases of commodities as 4550
defined in this section that are used for clinical purposes and 4551
(i) intended for use in the diagnosis of disease or other 4552
conditions or in the cure, mitigation, treatment or prevention of 4553
disease, and (ii) medical devices, biological, drugs and radiation 4554
emitting devices as defined by the United States Food and Drug 4555
Administration. 4556
(b) "Governing authority" means boards of supervisors, 4557
governing boards of all school districts, all boards of directors 4558
of public water supply districts, boards of directors of master 4559
public water supply districts, municipal public utility 4560
commissions, governing authorities of all municipalities, port 4561
authorities, Mississippi State Port Authority, commissioners and 4562
boards of trustees of any public hospitals, boards of trustees of 4563
public library systems, district attorneys, school attendance 4564
officers and any political subdivision of the state supported 4565
wholly or in part by public funds of the state or political 4566
subdivisions thereof, including commissions, boards and agencies 4567
created or operated under the authority of any county or 4568
municipality of this state. The term "governing authority" shall 4569
not include economic development authorities supported in part by 4570
private funds, or commissions appointed to hold title to and 4571
oversee the development and management of lands and buildings 4572
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which are donated by private individuals to the public for the use 4573
and benefit of the community and which are supported in part by 4574
private funds. The term "governing authority" also shall not 4575
include the governing board of a charter school. The term 4576
"governing authority" also shall not include the Mississippi 4577
School of the Arts established in Section 37-140-1 et seq., for 4578
the sole purpose of the application of the term "agency" as it 4579
pertains to the Public Procurement Review Board's powers and 4580
responsibilities as defined in Section 27-104-7(2)(a), but without 4581
application to the use of the term within this chapter, effective 4582
July 1, 2020. The term "governing authority" also shall not 4583
include the Mississippi School for the Blind and the Mississippi 4584
School for the Deaf (MSBD) for the sole purpose of the application 4585
of the term "governing authority" as it pertains to the Public 4586
Procurement Review Board's powers and responsibilities as defined 4587
in Section 27-104-7(2)(a), but without application to the use of 4588
the term within this chapter, effective July 1, 2021. 4589
(c) "Purchasing agent" means any administrator, 4590
superintendent, purchase clerk or other chief officer so 4591
designated having general or special authority to negotiate for 4592
and make private contract for or purchase for any governing 4593
authority or agency, including issue purchase orders, invitations 4594
for bid, requests for proposals, and receive and accept bids. 4595
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(d) "Public funds" means and includes any appropriated 4596
funds, special funds, fees or any other emoluments received by an 4597
agency or governing authority. 4598
(e) "Commodities" means and includes the various 4599
commodities, goods, merchandise, furniture, equipment, automotive 4600
equipment of every kind, and other personal property purchased by 4601
the agencies of the state and governing authorities, but not 4602
commodities purchased for resale or raw materials converted into 4603
products for resale. 4604
(i) "Equipment" shall be construed to include: 4605
automobiles, trucks, tractors, office appliances and all other 4606
equipment of every kind and description. 4607
(ii) "Furniture" shall be construed to include: 4608
desks, chairs, tables, seats, filing cabinets, bookcases and all 4609
other items of a similar nature as well as dormitory furniture, 4610
appliances, carpets and all other items of personal property 4611
generally referred to as home, office or school furniture. 4612
(f) "Emergency" means any circumstances caused by fire, 4613
flood, explosion, storm, earthquake, epidemic, riot, insurrection 4614
or caused by any inherent defect due to defective construction, or 4615
when the immediate preservation of order or of public health is 4616
necessary by reason of unforeseen emergency, or when the immediate 4617
restoration of a condition of usefulness of any public building, 4618
equipment, road or bridge appears advisable, or in the case of a 4619
public utility when there is a failure of any machine or other 4620
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thing used and useful in the generation, production or 4621
distribution of electricity, water or natural gas, or in the 4622
transportation or treatment of sewage; or when the delay incident 4623
to obtaining competitive bids could cause adverse impact upon the 4624
governing authorities or agency, its employees or its citizens; or 4625
in the case of a public airport, when the delay incident to 4626
publishing an advertisement for competitive bids would endanger 4627
public safety in a specific (not general) manner, result in or 4628
perpetuate a specific breach of airport security, or prevent the 4629
airport from providing specific air transportation services. 4630
(g) "Construction" means the process of building, 4631
altering, improving, renovating or demolishing a public structure, 4632
public building, or other public real property. It does not 4633
include routine operation, routine repair or regularly scheduled 4634
maintenance of existing public structures, public buildings or 4635
other public real property. 4636
(h) "Purchase" means buying, renting, leasing or 4637
otherwise acquiring. 4638
(i) "Certified purchasing office" means any purchasing 4639
office in which fifty percent (50%) or more of the purchasing 4640
agents hold a certification from the Universal Public Purchasing 4641
Certification Council or other nationally recognized purchasing 4642
certification, and in which, in the case of a state agency 4643
purchasing office, in addition to the national certification, one 4644
hundred percent (100%) of the purchasing officials hold a 4645
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certification from the State of Mississippi's Basic or Advanced 4646
Purchasing Certification Program. 4647
(j) "Certified Mississippi Purchasing Agent" means a 4648
state agency purchasing official who holds a certification from 4649
the Mississippi Basic Purchasing Certification Program as 4650
established by the Office of Purchasing, Travel and Fleet 4651
Management. 4652
(k) "Certified Mississippi Procurement Manager" means a 4653
state agency purchasing official who holds a certification from 4654
the Mississippi Advanced Purchasing Certification Program as 4655
established by the Office of Purchasing, Travel and Fleet 4656
Management. 4657
SECTION 71. Section 37-3-51, Mississippi Code of 1972, is 4658
amended as follows: 4659
37-3-51. (1) Upon the conviction of any licensed personnel, 4660
as defined in Section 37-9-1, employed by a public school district 4661
or any person employed by a charter or private elementary or 4662
secondary school in a position that requires licensure in the 4663
public school districts, of any felony, or of a sex offense as 4664
defined in subsection (2) of this section, the district attorney 4665
or other prosecuting attorney shall identify those defendants for 4666
the circuit clerk. Each circuit clerk shall provide the State 4667
Department of Education with notice of the conviction of any such 4668
personnel of a felony or a sex offense. In addition, if the 4669
convicted person is an employee of a charter school, the circuit 4670
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clerk must provide the same notice to the Mississippi Charter 4671
School Authorizer Board or the appropriate entity empowered under 4672
the provisions of Section 37-28-7 to authorize charter schools. 4673
(2) "Sex offense" shall mean any of the following offenses: 4674
(a) Section 97-3-65, Mississippi Code of 1972, relating 4675
to the carnal knowledge of a child under fourteen (14) years of 4676
age; 4677
(b) Section 97-3-95, Mississippi Code of 1972, relating 4678
to sexual battery; 4679
(c) Section 97-5-21, Mississippi Code of 1972, relating 4680
to seduction of a child under age eighteen (18); 4681
(d) Section 97-5-23, Mississippi Code of 1972, relating 4682
to the touching of a child for lustful purposes; 4683
(e) Section 97-5-27, Mississippi Code of 1972, relating 4684
to the dissemination of sexually oriented material to children; 4685
(f) Section 97-5-33, Mississippi Code of 1972, relating 4686
to the exploitation of children; 4687
(g) Section 97-5-41, Mississippi Code of 1972, relating 4688
to the carnal knowledge of a stepchild, adopted child, or child of 4689
a cohabitating partner; 4690
(h) Section 97-29-59, Mississippi Code of 1972, 4691
relating to unnatural intercourse; or 4692
(i) Any other offense committed in another jurisdiction 4693
which, if committed in this state, would be deemed to be such a 4694
crime without regard to its designation elsewhere. 4695
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(3) In addition, the State Department of Education is 4696
considered to be the employer of such personnel for purposes of 4697
requesting criminal record background checks. 4698
SECTION 72. Section 37-17-1, Mississippi Code of 1972, is 4699
amended as follows: 4700
37-17-1. (1) The power and authority to prescribe standards 4701
for the accreditation of noncharter public schools, to ensure 4702
compliance with such standards and to establish procedures for the 4703
accreditation of noncharter public schools is hereby vested in the 4704
State Board of Education. The board shall, by orders placed upon 4705
its minutes, adopt all necessary rules and regulations to 4706
effectuate the purposes of this chapter and shall provide, through 4707
the State Department of Education, for the necessary personnel for 4708
the enforcement of standards so established. 4709
(2) A charter school authorized by * * * a charter school 4710
authorizing entity under the provisions of Section 37-28-7 must be 4711
granted accreditation by the State Board of Education based solely 4712
on the approval of the school by the authorizer. If the 4713
authorizer, at any time, revokes a school's charter, the State 4714
Board of Education shall withdraw the accreditation of the charter 4715
school immediately. 4716
SECTION 73. Section 37-21-3, Mississippi Code of 1972, is 4717
amended as follows: 4718
37-21-3. (1) No person shall act in the capacity of master 4719
teacher, teacher or assistant teacher in any federal or 4720
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state-funded program of early childhood education or "Head Start," 4721
or perform any of the functions, duties or powers of the same, 4722
unless that person shall be qualified in the following manner: 4723
(a) A master teacher or any other employee or 4724
consultant receiving a salary or fee equivalent to that of a 4725
master teacher shall meet the qualifications of a teacher in this 4726
section, including the requirement that a teacher may be required 4727
to hold a state teaching license by the State Department of 4728
Education, and have demonstrated effectiveness as an early 4729
childhood educator. Effectiveness as an early childhood educator 4730
may be demonstrated by a rating of highly effective on a state 4731
evaluation of teaching, if available, or with evidence that the 4732
teacher has a record of raising the achievement outcomes of 4733
prekindergarten students. 4734
(b) A teacher shall possess a bachelor's degree in 4735
early childhood education, child development or an equivalent 4736
field. A teacher may also possess a bachelor's degree in any 4737
field as well as have at least twelve (12) credit hours of 4738
coursework in early childhood education, child development, or an 4739
equivalent field approved by an institution granting a bachelor's 4740
degree in the early childhood education, child development or an 4741
equivalent field; or have a bachelor's degree in any field as well 4742
as have completed a specialized early childhood training program 4743
deemed equivalent by the State Department of Education to twelve 4744
(12) hours of approved coursework. 4745
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(c) An assistant teacher shall possess an associate's 4746
degree in early childhood education, child development or an 4747
equivalent field; or an associate's degree in any field and a 4748
Child Development Associate credential, a Montessori certification 4749
or an equivalent certification; or a high school diploma/GED and a 4750
Child Development Associate credential, a Montessori certification 4751
or an equivalent certification. Public school assistant teachers 4752
in the voluntary prekindergarten program established by the Early 4753
Learning Collaborative Act of 2013 may be required by the State 4754
Department of Education to meet the definition of a highly 4755
qualified paraprofessional in addition to these requirements. 4756
The State Department of Education shall adopt any necessary 4757
rules, policies or procedures to implement this section. 4758
(2) Persons employed as a teacher, assistant teacher or in 4759
any other capacity in a prekindergarten or early childhood 4760
education program in a charter school authorized by * * * a 4761
charter school authorizing entity under the provisions of Section 4762
37-28-7 are exempt from the requirements of this section. 4763
SECTION 74. Section 37-41-1, Mississippi Code of 1972, is 4764
amended as follows: 4765
37-41-1. The State Board of Education is authorized, 4766
empowered and directed to promulgate rules and regulations 4767
relating to the transportation of students enrolled in the public 4768
school districts, including rules and regulations for: 4769
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(a) Setting standards for public school district bus 4770
routes; 4771
(b) Setting standards for public school district buses; 4772
(c) Setting standards for public school district bus 4773
drivers; 4774
(d) Formulating procedure for selecting public school 4775
district bus drivers; 4776
(e) Formulating courses of training for public school 4777
district bus drivers and mechanics, and assist in administering 4778
and financing such courses; 4779
(f) Providing operation procedure for public school 4780
district buses to insure safety of pupils; 4781
(g) Formulating specifications for use in purchasing 4782
public school district buses; getting bids on public school 4783
district buses; equipment and supplies; and fixing prices based 4784
upon said bids which school districts may not exceed in purchasing 4785
said equipment; 4786
(h) Formulating specifications for use by school 4787
districts in purchasing used school buses; and 4788
(i) Providing a system of records and reports for the 4789
purpose of carrying out the provisions of Sections 37-41-1 through 4790
37-41-51, and providing the superintendent of schools with a 4791
sufficient supply of report forms. 4792
All rules and regulations adopted and promulgated by the 4793
State Board of Education relating to school district bus drivers 4794
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shall also be applicable to drivers of privately owned buses 4795
transporting public school district children. 4796
All rules and regulations adopted and promulgated by the 4797
State Board of Education pursuant to the authority conferred by 4798
this section shall be spread at large upon the minutes of the 4799
State Board of Education and copies thereof shall be furnished to 4800
all school boards not less than thirty (30) days prior to the 4801
effective date of such rules and regulations. 4802
The provisions of this chapter are applicable to school 4803
districts and the transportation of students enrolled in public 4804
school districts. Charter schools authorized by * * * a charter 4805
school authorizing entity under the provisions of Section 37-28-7 4806
are exempt from the provisions of this chapter. 4807
SECTION 75. Section 37-7-301, Mississippi Code of 1972, is 4808
amended as follows: 4809
37-7-301. The school boards of all school districts shall 4810
have the following powers, authority and duties in addition to all 4811
others imposed or granted by law, to wit: 4812
(a) To organize and operate the schools of the district 4813
and to make such division between the high school grades and 4814
elementary grades as, in their judgment, will serve the best 4815
interests of the school; 4816
(b) To introduce public school music, art, manual 4817
training and other special subjects into either the elementary or 4818
high school grades, as the board shall deem proper; 4819
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(c) To be the custodians of real and personal school 4820
property and to manage, control and care for same, both during the 4821
school term and during vacation; 4822
(d) To have responsibility for the erection, repairing 4823
and equipping of school facilities and the making of necessary 4824
school improvements; 4825
(e) To suspend or to expel a pupil or to change the 4826
placement of a pupil to the school district's alternative school 4827
or homebound program for misconduct in the school or on school 4828
property, as defined in Section 37-11-29, on the road to and from 4829
school, or at any school-related activity or event, or for conduct 4830
occurring on property other than school property or other than at 4831
a school-related activity or event when such conduct by a pupil, 4832
in the determination of the school superintendent or principal, 4833
renders that pupil's presence in the classroom a disruption to the 4834
educational environment of the school or a detriment to the best 4835
interest and welfare of the pupils and teacher of such class as a 4836
whole, and to delegate such authority to the appropriate officials 4837
of the school district; 4838
(f) To visit schools in the district, in their 4839
discretion, in a body for the purpose of determining what can be 4840
done for the improvement of the school in a general way; 4841
(g) To support, within reasonable limits, the 4842
superintendent, principal and teachers where necessary for the 4843
proper discipline of the school; 4844
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(h) To exclude from the schools students with what 4845
appears to be infectious or contagious diseases; * * * however, 4846
such student may be allowed to return to school upon presenting a 4847
certificate from a public health officer, duly licensed physician 4848
or nurse practitioner that the student is free from such disease; 4849
(i) To require those vaccinations specified by the 4850
State Health Officer as provided in Section 41-23-37; 4851
(j) To see that all necessary utilities and services 4852
are provided in the schools at all times when same are needed; 4853
(k) To authorize the use of the school buildings and 4854
grounds for the holding of public meetings and gatherings of the 4855
people under such regulations as may be prescribed by * * * the 4856
board; 4857
(l) To prescribe and enforce rules and regulations not 4858
inconsistent with law or with the regulations of the State Board 4859
of Education for their own government and for the government of 4860
the schools, and to transact their business at regular and special 4861
meetings called and held in the manner provided by law; 4862
(m) To maintain and operate all of the schools under 4863
their control for such length of time during the year as may be 4864
required; 4865
(n) To enforce in the schools the courses of study and 4866
the use of the textbooks prescribed by the proper authorities; 4867
(o) To make orders directed to the superintendent of 4868
schools for the issuance of pay certificates for lawful purposes 4869
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on any available funds of the district and to have full control of 4870
the receipt, distribution, allotment and disbursement of all funds 4871
provided for the support and operation of the schools of such 4872
school district whether such funds be derived from state 4873
appropriations, local ad valorem tax collections, or otherwise. 4874
The local school board shall be authorized and empowered to 4875
promulgate rules and regulations that specify the types of claims 4876
and set limits of the dollar amount for payment of claims by the 4877
superintendent of schools to be ratified by the board at the next 4878
regularly scheduled meeting after payment has been made; 4879
(p) To select all school district personnel in the 4880
manner provided by law, and to provide for such employee fringe 4881
benefit programs, including accident reimbursement plans, as may 4882
be deemed necessary and appropriate by the board; 4883
(q) To provide athletic programs and other school 4884
activities and to regulate the establishment and operation of such 4885
programs and activities; 4886
(r) To join, in their discretion, any association of 4887
school boards and other public school-related organizations, and 4888
to pay from local funds other than total funding formula funds, 4889
any membership dues; 4890
(s) To expend local school activity funds, or other 4891
available school district funds, other than total funding formula 4892
funds, for the purposes prescribed under this paragraph. 4893
"Activity funds" shall mean all funds received by school officials 4894
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in all school districts paid or collected to participate in any 4895
school activity, such activity being part of the school program 4896
and partially financed with public funds or supplemented by public 4897
funds. The term "activity funds" shall not include any funds 4898
raised and/or expended by any organization unless commingled in a 4899
bank account with existing activity funds, regardless of whether 4900
the funds were raised by school employees or received by school 4901
employees during school hours or using school facilities, and 4902
regardless of whether a school employee exercises influence over 4903
the expenditure or disposition of such funds. Organizations shall 4904
not be required to make any payment to any school for the use of 4905
any school facility if, in the discretion of the local school 4906
governing board, the organization's function shall be deemed to be 4907
beneficial to the official or extracurricular programs of the 4908
school. For the purposes of this provision, the term 4909
"organization" shall not include any organization subject to the 4910
control of the local school governing board. Activity funds may 4911
only be expended for any necessary expenses or travel costs, 4912
including advances, incurred by students and their chaperons in 4913
attending any in-state or out-of-state school-related programs, 4914
conventions or seminars and/or any commodities, equipment, travel 4915
expenses, purchased services or school supplies which the local 4916
school governing board, in its discretion, shall deem beneficial 4917
to the official or extracurricular programs of the district, 4918
including items which may subsequently become the personal 4919
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property of individuals, including yearbooks, athletic apparel, 4920
book covers and trophies. Activity funds may be used to pay 4921
travel expenses of school district personnel. The local school 4922
governing board shall be authorized and empowered to promulgate 4923
rules and regulations specifically designating for what purposes 4924
school activity funds may be expended. The local school governing 4925
board shall provide: (i) that such school activity funds shall be 4926
maintained and expended by the principal of the school generating 4927
the funds in individual bank accounts * * *; or (ii) that such 4928
school activity funds shall be maintained and expended by the 4929
superintendent of schools in a central depository approved by the 4930
board. The local school governing board shall provide that such 4931
school activity funds be audited as part of the annual audit 4932
required in Section 37-9-18. The State Department of Education 4933
shall prescribe a uniform system of accounting and financial 4934
reporting for all school activity fund transactions; 4935
(t) To enter into an energy performance contract, 4936
energy services contract, on a shared-savings, lease or 4937
lease-purchase basis, for energy efficiency services and/or 4938
equipment as provided for in Section 31-7-14; 4939
(u) To maintain accounts and issue pay certificates on 4940
school food service bank accounts; 4941
(v) (i) To lease a school building from an individual, 4942
partnership, nonprofit corporation or a private for-profit 4943
corporation for the use of such school district, and to expend 4944
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funds therefor as may be available from any sources other than 4945
total funding formula funds * * *. The school board of the school 4946
district desiring to lease a school building shall declare by 4947
resolution that a need exists for a school building and that the 4948
school district cannot provide the necessary funds to pay the cost 4949
or its proportionate share of the cost of a school building 4950
required to meet the present needs. The resolution so adopted by 4951
the school board shall be published once each week for three (3) 4952
consecutive weeks in a newspaper having a general circulation in 4953
the school district involved, with the first publication thereof 4954
to be made not less than thirty (30) days prior to the date upon 4955
which the school board is to act on the question of leasing a 4956
school building. If no petition requesting an election is filed 4957
prior to such meeting as hereinafter provided, then the school 4958
board may, by resolution spread upon its minutes, proceed to lease 4959
a school building. If at any time * * * before the meeting a 4960
petition signed by not less than twenty percent (20%) or fifteen 4961
hundred (1500), whichever is less, of the qualified electors of 4962
the school district involved shall be filed with the school board 4963
requesting that an election be called on the question, then the 4964
school board shall, not later than the next regular meeting, adopt 4965
a resolution calling an election to be held within such school 4966
district upon the question of authorizing the school board to 4967
lease a school building. Such election shall be called and held, 4968
and notice thereof shall be given, in the same manner for 4969
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elections upon the questions of the issuance of the bonds of 4970
school districts, and the results thereof shall be certified to 4971
the school board. If at least three-fifths (3/5) of the qualified 4972
electors of the school district who voted in such election shall 4973
vote in favor of the leasing of a school building, then the school 4974
board shall proceed to lease a school building. The term of the 4975
lease contract shall not exceed twenty (20) years, and the total 4976
cost of such lease shall be either the amount of the lowest and 4977
best bid accepted by the school board after advertisement for bids 4978
or an amount not to exceed the current fair market value of the 4979
lease as determined by the averaging of at least two (2) 4980
appraisals by certified general appraisers licensed by the State 4981
of Mississippi. The term "school building" as used in this 4982
paragraph (v)(i) shall be construed to mean any building or 4983
buildings used for classroom purposes in connection with the 4984
operation of schools and shall include the site therefor, 4985
necessary support facilities, and the equipment thereof and 4986
appurtenances thereto such as heating facilities, water supply, 4987
sewage disposal, landscaping, walks, drives and playgrounds. The 4988
term "lease" as used in this paragraph (v)(i) may include a 4989
lease-purchase contract; 4990
(ii) If two (2) or more school districts propose 4991
to enter into a lease contract jointly, then joint meetings of the 4992
school boards having control may be held but no action taken shall 4993
be binding on any such school district unless the question of 4994
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leasing a school building is approved in each participating school 4995
district under the procedure hereinabove set forth in paragraph 4996
(v)(i). All of the provisions of paragraph (v)(i) regarding the 4997
term and amount of the lease contract shall apply to the school 4998
boards of school districts acting jointly. Any lease contract 4999
executed by two (2) or more school districts as joint lessees 5000
shall set out the amount of the aggregate lease rental to be paid 5001
by each, which may be agreed upon, but there shall be no right of 5002
occupancy by any lessee unless the aggregate rental is paid as 5003
stipulated in the lease contract. All rights of joint lessees 5004
under the lease contract shall be in proportion to the amount of 5005
lease rental paid by each; 5006
(w) To employ all noninstructional and * * * 5007
nonlicensed employees and fix the duties and compensation of such 5008
personnel deemed necessary pursuant to the recommendation of the 5009
superintendent of schools; 5010
(x) To employ and fix the duties and compensation of 5011
such legal counsel as deemed necessary; 5012
(y) Subject to rules and regulations of the State Board 5013
of Education, to purchase, own and operate trucks, vans and other 5014
motor vehicles, which shall bear the proper identification 5015
required by law; 5016
(z) To expend funds for the payment of substitute 5017
teachers and to adopt reasonable regulations for the employment 5018
and compensation of such substitute teachers; 5019
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(aa) To acquire in its own name by purchase all real 5020
property which shall be necessary and desirable in connection with 5021
the construction, renovation or improvement of any public school 5022
building or structure. Whenever the purchase price for such real 5023
property is greater than Fifty Thousand Dollars ($50,000.00), the 5024
school board shall not purchase the property for an amount 5025
exceeding the fair market value of such property as determined by 5026
the average of at least two (2) independent appraisals by 5027
certified general appraisers licensed by the State of Mississippi. 5028
If the board shall be unable to agree with the owner of any such 5029
real property in connection with any such project, the board shall 5030
have the power and authority to acquire any such real property by 5031
condemnation proceedings pursuant to Section 11-27-1 et 5032
seq., * * * and for such purpose, the right of eminent domain is 5033
hereby conferred upon and vested in * * * the board. * * * The 5034
local school board is authorized to grant an easement for ingress 5035
and egress over sixteenth section land or lieu land in exchange 5036
for a similar easement upon adjoining land where the exchange of 5037
easements affords substantial benefit to the sixteenth section 5038
land; * * * however, the exchange must be based upon values as 5039
determined by a competent appraiser, with any differential in 5040
value to be adjusted by cash payment. Any easement rights granted 5041
over sixteenth section land under such authority shall terminate 5042
when the easement ceases to be used for its stated purpose. No 5043
sixteenth section or lieu land which is subject to an existing 5044
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lease shall be burdened by any such easement except by consent of 5045
the lessee or unless the school district shall acquire the 5046
unexpired leasehold interest affected by the easement; 5047
(bb) To charge reasonable fees related to the 5048
educational programs of the district, in the manner prescribed in 5049
Section 37-7-335; 5050
(cc) Subject to rules and regulations of the State 5051
Board of Education, to purchase relocatable classrooms for the use 5052
of such school district, in the manner prescribed in Section 5053
37-1-13; 5054
(dd) Enter into contracts or agreements with other 5055
school districts, political subdivisions or governmental entities 5056
to carry out one or more of the powers or duties of the school 5057
board, or to allow more efficient utilization of limited resources 5058
for providing services to the public; 5059
(ee) To provide for in-service training for employees 5060
of the district; 5061
(ff) As part of their duties to prescribe the use of 5062
textbooks, to provide that parents and legal guardians shall be 5063
responsible for the textbooks and for the compensation to the 5064
school district for any books which are not returned to the proper 5065
schools upon the withdrawal of their dependent child. If a 5066
textbook is lost or not returned by any student who drops out of 5067
the public school district, the parent or legal guardian shall 5068
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also compensate the school district for the fair market value of 5069
the textbooks; 5070
(gg) To conduct fund-raising activities on behalf of 5071
the school district that the local school board, in its 5072
discretion, deems appropriate or beneficial to the official or 5073
extracurricular programs of the district * * *, subject to the 5074
following: 5075
(i) Any proceeds of the fund-raising activities 5076
shall be treated as "activity funds" and shall be accounted for as 5077
are other activity funds under this section; and 5078
(ii) Fund-raising activities conducted or 5079
authorized by the board for the sale of school pictures, the 5080
rental of caps and gowns or the sale of graduation invitations for 5081
which the school board receives a commission, rebate or fee shall 5082
contain a disclosure statement advising that a portion of the 5083
proceeds of the sales or rentals shall be contributed to the 5084
student activity fund; 5085
(hh) To allow individual lessons for music, art and 5086
other curriculum-related activities for academic credit or 5087
nonacademic credit during school hours and using school equipment 5088
and facilities, subject to uniform rules and regulations adopted 5089
by the school board; 5090
(ii) To charge reasonable fees for participating in an 5091
extracurricular activity for academic or nonacademic credit for 5092
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necessary and required equipment such as safety equipment, band 5093
instruments and uniforms; 5094
(jj) To conduct or participate in any fund-raising 5095
activities on behalf of or in connection with a tax-exempt 5096
charitable organization; 5097
(kk) To exercise such powers as may be reasonably 5098
necessary to carry out the provisions of this section; 5099
(ll) To expend funds for the services of nonprofit arts 5100
organizations or other such nonprofit organizations who provide 5101
performances or other services for the students of the school 5102
district; 5103
(mm) To expend federal No Child Left Behind Act funds, 5104
or any other available funds that are expressly designated and 5105
authorized for that use, to pay training, educational expenses, 5106
salary incentives and salary supplements to employees of local 5107
school districts; except that incentives shall not be considered 5108
part of the local supplement, nor shall incentives be considered 5109
part of the local supplement paid to an individual teacher for the 5110
purposes of Section 37-19-7(1); 5111
(nn) To use any available funds, not appropriated or 5112
designated for any other purpose, for reimbursement to the 5113
state-licensed employees from both in state and out of state, who 5114
enter into a contract for employment in a school district, for the 5115
expense of moving when the employment necessitates the relocation 5116
of the licensed employee to a different geographical area than 5117
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that in which the licensed employee resides before entering into 5118
the contract. The reimbursement shall not exceed One Thousand 5119
Dollars ($1,000.00) for the documented actual expenses incurred in 5120
the course of relocating, including the expense of any 5121
professional moving company or persons employed to assist with the 5122
move, rented moving vehicles or equipment, mileage in the amount 5123
authorized for county and municipal employees under Section 5124
25-3-41 if the licensed employee used his personal vehicle or 5125
vehicles for the move, meals and such other expenses associated 5126
with the relocation. No licensed employee may be reimbursed for 5127
moving expenses under this section on more than one (1) occasion 5128
by the same school district. Nothing in this section shall be 5129
construed to require the actual residence to which the licensed 5130
employee relocates to be within the boundaries of the school 5131
district that has executed a contract for employment in order for 5132
the licensed employee to be eligible for reimbursement for the 5133
moving expenses. However, the licensed employee must relocate 5134
within the boundaries of the State of Mississippi. Any individual 5135
receiving relocation assistance through the Critical Teacher 5136
Shortage Act as provided in Section 37-159-5 shall not be eligible 5137
to receive additional relocation funds as authorized in this 5138
paragraph; 5139
(oo) To use any available funds, not appropriated or 5140
designated for any other purpose, to reimburse persons who 5141
interview for employment as a licensed employee with the district 5142
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for the mileage and other actual expenses incurred in the course 5143
of travel to and from the interview at the rate authorized for 5144
county and municipal employees under Section 25-3-41; 5145
(pp) Consistent with the report of the Task Force to 5146
Conduct a Best Financial Management Practices Review, to improve 5147
school district management and use of resources and identify cost 5148
savings as established in Section 8 of Chapter 610, Laws of 2002, 5149
local school boards are encouraged to conduct independent reviews 5150
of the management and efficiency of schools and school districts. 5151
Such management and efficiency reviews shall provide state and 5152
local officials and the public with the following: 5153
(i) An assessment of a school district's 5154
governance and organizational structure; 5155
(ii) An assessment of the school district's 5156
financial and personnel management; 5157
(iii) An assessment of revenue levels and sources; 5158
(iv) An assessment of facilities utilization, 5159
planning and maintenance; 5160
(v) An assessment of food services, transportation 5161
and safety/security systems; 5162
(vi) An assessment of instructional and 5163
administrative technology; 5164
(vii) A review of the instructional management and 5165
the efficiency and effectiveness of existing instructional 5166
programs; and 5167
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(viii) Recommended methods for increasing 5168
efficiency and effectiveness in providing educational services to 5169
the public; 5170
(qq) To enter into agreements with other local school 5171
boards for the establishment of an educational service agency 5172
(ESA) to provide for the cooperative needs of the region in which 5173
the school district is located, as provided in Section 37-7-345; 5174
(rr) To * * * incorporate financial literacy * * * 5175
components within the current curriculum offered to for students 5176
in Grades * * * 6 through 8. The current curriculum for Grades 6 5177
through 12 shall include content on financial literacy education. 5178
Each student during Grade 9, 10, 11 or 12 shall take and pass a 5179
one-half (1/2) Carnegie Unit course in personal finance or a full 5180
Carnegie Unit course where half the course standards are financial 5181
literacy in order to earn a high school diploma. The financial 5182
literacy program shall include, but is not limited to, instruction 5183
in the same areas of personal business and finance as required 5184
under Section 37-1-3(2)(b). The school board may coordinate with 5185
volunteer teachers from local community organizations, including, 5186
but not limited to, the following: United States Department of 5187
Agriculture Rural Development, United States Department of Housing 5188
and Urban Development, Junior Achievement, bankers and other 5189
nonprofit organizations. * * * In addition to any financial 5190
literacy standards required by the State Department of Education 5191
in the College and Career Readiness Standards, the financial 5192
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literacy program for students in Grades 9, 10, 11 and 12 shall 5193
include: 5194
(i) Decision making; 5195
(ii) Earning an income; 5196
(iii) Saving and spending; 5197
(iv) Use of credit; and 5198
(v) Budgeting. 5199
The school board shall require schools to make best efforts 5200
to cover as many of these topics as possible through the 5201
curriculum implemented for Grades 6 through 8; 5202
(ss) To collaborate with the State Board of Education, 5203
Community Action Agencies or the Department of Human Services to 5204
develop and implement a voluntary program to provide services for 5205
a prekindergarten program that addresses the cognitive, social, 5206
and emotional needs of four-year-old and three-year-old children. 5207
The school board may utilize any source of available revenue to 5208
fund the voluntary program. Effective with the 2013-2014 school 5209
year, to implement voluntary prekindergarten programs under the 5210
Early Learning Collaborative Act of 2013 pursuant to state funds 5211
awarded by the State Department of Education on a matching basis; 5212
(tt) With respect to any lawful, written obligation of 5213
a school district, including, but not limited to, leases 5214
(excluding leases of sixteenth section public school trust land), 5215
bonds, notes, or other agreement, to agree in writing with the 5216
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obligee that the Department of Revenue or any state agency, 5217
department or commission created under state law may: 5218
(i) Withhold all or any part (as agreed by the 5219
school board) of any monies which such local school board is 5220
entitled to receive from time to time under any law and which is 5221
in the possession of the Department of Revenue, or any state 5222
agency, department or commission created under state law; and 5223
(ii) Pay the same over to any financial 5224
institution, trustee or other obligee, as directed in writing by 5225
the school board, to satisfy all or part of such obligation of the 5226
school district. 5227
The school board may make such written agreement to withhold 5228
and transfer funds irrevocable for the term of the written 5229
obligation and may include in the written agreement any other 5230
terms and provisions acceptable to the school board. If the 5231
school board files a copy of such written agreement with the 5232
Department of Revenue, or any state agency, department or 5233
commission created under state law then the Department of Revenue 5234
or any state agency, department or commission created under state 5235
law shall immediately make the withholdings provided in such 5236
agreement from the amounts due the local school board and shall 5237
continue to pay the same over to such financial institution, 5238
trustee or obligee for the term of the agreement. 5239
This paragraph (tt) shall not grant any extra authority to a 5240
school board to issue debt in any amount exceeding statutory 5241
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limitations on assessed value of taxable property within such 5242
school district or the statutory limitations on debt maturities, 5243
and shall not grant any extra authority to impose, levy or collect 5244
a tax which is not otherwise expressly provided for, and shall not 5245
be construed to apply to sixteenth section public school trust 5246
land; 5247
(uu) With respect to any matter or transaction that is 5248
competitively bid by a school district, to accept from any bidder 5249
as a good-faith deposit or bid bond or bid surety, the same type 5250
of good-faith deposit or bid bond or bid surety that may be 5251
accepted by the state or any other political subdivision on 5252
similar competitively bid matters or transactions. This paragraph 5253
(uu) shall not be construed to apply to sixteenth section public 5254
school trust land. The school board may authorize the investment 5255
of any school district funds in the same kind and manner of 5256
investments, including pooled investments, as any other political 5257
subdivision, including community hospitals; 5258
(vv) To utilize the alternate method for the conveyance 5259
or exchange of unused school buildings and/or land, reserving a 5260
partial or other undivided interest in the property, as 5261
specifically authorized and provided in Section 37-7-485; 5262
(ww) To delegate, privatize or otherwise enter into a 5263
contract with private entities for the operation of any and all 5264
functions of nonacademic school process, procedures and operations 5265
including, but not limited to, cafeteria workers, janitorial 5266
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services, transportation, professional development, achievement 5267
and instructional consulting services materials and products, 5268
purchasing cooperatives, insurance, business manager services, 5269
auditing and accounting services, school safety/risk prevention, 5270
data processing and student records, and other staff services; 5271
however, the authority under this paragraph does not apply to the 5272
leasing, management or operation of sixteenth section lands. 5273
Local school districts, working through their regional education 5274
service agency, are encouraged to enter into buying consortia with 5275
other member districts for the purposes of more efficient use of 5276
state resources as described in Section 37-7-345; 5277
(xx) To partner with entities, organizations and 5278
corporations for the purpose of benefiting the school district; 5279
(yy) To borrow funds from the Rural Economic 5280
Development Authority for the maintenance of school buildings; 5281
(zz) To fund and operate voluntary early childhood 5282
education programs, defined as programs for children less than 5283
five (5) years of age on or before September 1, and to use any 5284
source of revenue for such early childhood education programs. 5285
Such programs shall not conflict with the Early Learning 5286
Collaborative Act of 2013; 5287
(aaa) To issue and provide for the use of procurement 5288
cards by school board members, superintendents and licensed school 5289
personnel consistent with the rules and regulations of the 5290
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Mississippi Department of Finance and Administration under Section 5291
31-7-9; and 5292
(bbb) To conduct an annual comprehensive evaluation of 5293
the superintendent of schools consistent with the assessment 5294
components of paragraph (pp) of this section and the assessment 5295
benchmarks established by the Mississippi School Board Association 5296
to evaluate the success the superintendent has attained in meeting 5297
district goals and objectives, the superintendent's leadership 5298
skill and whether or not the superintendent has established 5299
appropriate standards for performance, is monitoring success and 5300
is using data for improvement. 5301
SECTION 76. Section 37-17-6, Mississippi Code of 1972, is 5302
amended as follows: 5303
37-17-6. (1) The State Board of Education, acting through 5304
the Commission on School Accreditation, shall establish and 5305
implement a permanent performance-based accreditation system, and 5306
all noncharter public elementary and secondary schools shall be 5307
accredited under this system. 5308
(2) School districts and charter schools shall be required 5309
to provide school classroom space that is air-conditioned as a 5310
minimum requirement for accreditation. 5311
(3) (a) The State Board of Education, acting through the 5312
Commission on School Accreditation, shall require that school 5313
districts employ certified school librarians according to the 5314
following formula: 5315
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Number of Students Number of Certified 5316
Per School Library School Librarians 5317
0 - 499 Students 1/2 Full-time Equivalent 5318
Certified Librarian 5319
500 or More Students 1 Full-time Certified 5320
Librarian 5321
(b) The State Board of Education, however, may increase 5322
the number of positions beyond the above requirements. 5323
(c) The assignment of certified school librarians to 5324
the particular schools shall be at the discretion of the local 5325
school district. No individual shall be employed as a certified 5326
school librarian without appropriate training and certification as 5327
a school librarian by the State Department of Education. 5328
(d) School librarians in the district shall spend at 5329
least fifty percent (50%) of direct work time in a school library 5330
and shall devote no more than one-fourth (1/4) of the workday to 5331
administrative activities that are library related. 5332
(e) Nothing in this subsection shall prohibit any 5333
school district from employing more certified school librarians 5334
than are provided for in this section. 5335
(f) Any additional millage levied to fund school 5336
librarians required for accreditation under this subsection shall 5337
be included in the tax increase limitation set forth in Sections 5338
37-57-105 and 37-57-107 and shall not be deemed a new program for 5339
purposes of the limitation. 5340
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(4) [Deleted] 5341
(5) (a) The State Department of Education, acting through 5342
the Mississippi Commission on School Accreditation, shall 5343
implement a single "A" through "F" school and school district 5344
accountability system complying with applicable federal and state 5345
requirements in order to reach the following educational goals: 5346
(i) To mobilize resources and supplies to ensure 5347
that all students exit third grade reading on grade level; 5348
(ii) To reduce the student dropout rate to ten 5349
percent (10%) by 2015; and 5350
(iii) To have sixty percent (60%) of students 5351
scoring proficient and advanced on assessments. 5352
(b) The State Department of Education shall combine the 5353
state school and school district accountability system with the 5354
federal system in order to have a single system. 5355
(c) The State Department of Education shall establish 5356
five (5) performance categories ("A," "B," "C," "D" and "F") for 5357
the accountability system based on the following criteria: 5358
(i) Student Achievement: the percent of students 5359
proficient and advanced on the current state assessments; 5360
(ii) Individual student growth: the percent of 5361
students making one (1) year's progress in one (1) year's time on 5362
the state assessment, with an emphasis on the progress of the 5363
lowest twenty-five percent (25%) of students in the school or 5364
district; 5365
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(iii) Four-year graduation rate: the percent of 5366
students graduating with a standard high school diploma in four 5367
(4) years, as defined by federal regulations; 5368
(iv) The system shall include the federally 5369
compliant four-year graduation rate in school and school district 5370
accountability system calculations. Graduation rate will apply to 5371
high school, charter school and school district accountability 5372
ratings as a compensatory component. The system shall discontinue 5373
the use of the High School Completer Index (HSCI); 5374
(v) The school and school district accountability 5375
system shall incorporate a standards-based growth model, in order 5376
to support improvement of individual student learning; 5377
(vi) The State Department of Education shall 5378
determine feeder patterns of schools that do not earn a school 5379
grade because the grades and subjects taught at the school do not 5380
have statewide standardized assessments needed to calculate a 5381
school grade. Upon determination of the feeder pattern, the 5382
department shall notify schools and school districts prior to the 5383
release of the school grades. Feeder schools will be assigned the 5384
accountability designation of the school to which they provide 5385
students; 5386
(vii) Standards for student, school and school 5387
district performance will be increased when student proficiency is 5388
at a seventy-five percent (75%) and/or when sixty-five percent 5389
(65%) of the schools and/or school districts and charter schools 5390
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are earning a grade of "B" or higher, in order to raise the 5391
standard on performance after targets are met; and 5392
(viii) The system shall include student 5393
performance on the administration of a career-readiness 5394
assessment, such as, but not limited to, the ACT WorkKeys 5395
Assessment, deemed appropriate by the State Department of 5396
Education working in coordination with the Office of Workforce 5397
Development. 5398
(d) The department shall assist the Mississippi Charter 5399
School Authorizer Board in the development and implementation of a 5400
separate accountability standard to be used in addition to the 5401
accountability model established in this section, which shall be 5402
used in an evaluative manner to determine the expansion, closure 5403
or revocation of an existing charter school. The department shall 5404
establish a procedure under the accountability rating system for 5405
the calculation of additional quality points to be awarded to 5406
school districts wherein charter schools are located. 5407
(6) Nothing in this section shall be deemed to require a 5408
nonpublic school that receives no local, state or federal funds 5409
for support to become accredited by the State Board of Education. 5410
(7) The State Board of Education shall create an 5411
accreditation audit unit under the Commission on School 5412
Accreditation to determine whether schools are complying with 5413
accreditation standards. 5414
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(8) The State Board of Education shall be specifically 5415
authorized and empowered to withhold allocations from the total 5416
funding formula funds as provided in Sections 37-151-200 through 5417
37-151-215 to any public school district or charter school for 5418
failure to timely report student, school personnel and fiscal data 5419
necessary to meet state and/or federal requirements. 5420
(9) [Deleted] 5421
(10) The State Board of Education shall establish, for those 5422
school districts and charter schools failing to meet accreditation 5423
standards, a program of development to be complied with in order 5424
to receive state funds, except as otherwise provided in subsection 5425
(15) of this section when the Governor has declared a state of 5426
emergency in a school district or as otherwise provided in Section 5427
206, Mississippi Constitution of 1890. The state board, in 5428
establishing these standards, shall provide for notice to schools 5429
and sufficient time and aid to enable schools to attempt to meet 5430
these standards, unless procedures under subsection (15) of this 5431
section have been invoked. 5432
(11) The State Board of Education shall be charged with the 5433
implementation of the program of development in each applicable 5434
school district as follows: 5435
(a) Develop an impairment report for each district 5436
failing to meet accreditation standards in conjunction with school 5437
district officials; 5438
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(b) Notify any applicable school district failing to 5439
meet accreditation standards that it is on probation until 5440
corrective actions are taken or until the deficiencies have been 5441
removed. The local school district shall develop a corrective 5442
action plan to improve its deficiencies. For district academic 5443
deficiencies, the corrective action plan for each such school 5444
district shall be based upon a complete analysis of the following: 5445
student test data, student grades, student attendance reports, 5446
student dropout data, existence and other relevant data. The 5447
corrective action plan shall describe the specific measures to be 5448
taken by the particular school district and school to improve: 5449
(i) instruction; (ii) curriculum; (iii) professional development; 5450
(iv) personnel and classroom organization; (v) student incentives 5451
for performance; (vi) process deficiencies; and (vii) reporting to 5452
the local school board, parents and the community. The corrective 5453
action plan shall describe the specific individuals responsible 5454
for implementing each component of the recommendation and how each 5455
will be evaluated. All corrective action plans shall be provided 5456
to the State Board of Education as may be required. The decision 5457
of the State Board of Education establishing the probationary 5458
period of time shall be final; 5459
(c) Offer, during the probationary period, technical 5460
assistance to the school district in making corrective actions. 5461
Subject to appropriations, the State Department of Education shall 5462
provide technical and/or financial assistance to all such school 5463
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districts in order to implement each measure identified in that 5464
district's corrective action plan through professional development 5465
and on-site assistance. Each such school district shall apply for 5466
and utilize all available federal funding in order to support its 5467
corrective action plan in addition to state funds made available 5468
under this paragraph; 5469
(d) Assign department personnel or contract, in its 5470
discretion, with the institutions of higher learning or other 5471
appropriate private entities with experience in the academic, 5472
finance and other operational functions of schools to assist 5473
school districts; 5474
(e) Provide for publication of public notice at least 5475
one time during the probationary period, in a newspaper published 5476
within the jurisdiction of the school district failing to meet 5477
accreditation standards, or if no newspaper is published therein, 5478
then in a newspaper having a general circulation therein. The 5479
publication shall include the following: declaration of school 5480
system's status as being on probation; all details relating to the 5481
impairment report; and other information as the State Board of 5482
Education deems appropriate. Public notices issued under this 5483
section shall be subject to Section 13-3-31 and not contrary to 5484
other laws regarding newspaper publication. 5485
(12) (a) If the recommendations for corrective action are 5486
not taken by the local school district or if the deficiencies are 5487
not removed by the end of the probationary period, the Commission 5488
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on School Accreditation shall conduct a hearing to allow the 5489
affected school district to present evidence or other reasons why 5490
its accreditation should not be withdrawn. Additionally, if the 5491
local school district violates accreditation standards that have 5492
been determined by the policies and procedures of the State Board 5493
of Education to be a basis for withdrawal of school district's 5494
accreditation without a probationary period, the Commission on 5495
School Accreditation shall conduct a hearing to allow the affected 5496
school district to present evidence or other reasons why its 5497
accreditation should not be withdrawn. After its consideration of 5498
the results of the hearing, the Commission on School Accreditation 5499
shall be authorized, with the approval of the State Board of 5500
Education, to withdraw the accreditation of a public school 5501
district, and issue a request to the Governor that a state of 5502
emergency be declared in that district. 5503
(b) (i) If the State Board of Education and the 5504
Commission on School Accreditation determine that an extreme 5505
emergency situation exists in a school district that jeopardizes 5506
the safety, security or educational interests of the children 5507
enrolled in the schools in that district and that emergency 5508
situation is believed to be related to a serious violation or 5509
violations of accreditation standards or state or federal law, the 5510
State Board of Education may request the Governor to declare a 5511
state of emergency in that school district. For purposes of this 5512
paragraph, the declarations of a state of emergency district's 5513
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impairments are related to a lack of financial may include the 5514
school district's serious failure to meet minimum academic 5515
standards, as evidenced by a continued pattern of poor student 5516
performance, or impairments related to a lack of financial 5517
resources. 5518
(ii) If the State Board of Education determines 5519
that a public school or district in the state which, during each 5520
of two (2) consecutive school years or during two (2) of three (3) 5521
consecutive school years, receives an "F" designation by the State 5522
Board of Education under the accountability rating system or has 5523
been persistently failing as defined by the State Board of 5524
Education; or if the State Board of Education determines that a 5525
public school or district in the state which, during each of four 5526
(4) consecutive school years, receives a "D" or "F" designation by 5527
the State Board of Education under the accountability rating 5528
system or has been persistently failing as defined by the State 5529
Board of Education; or if more than fifty percent (50%) of the 5530
schools within a school district are designated as Schools-At-Risk 5531
in any one (1) year, then the board may place such school or 5532
district into a District of Transformation. The State Board of 5533
Education shall take over only the number of schools and districts 5534
for which it has the capacity to serve. The State Board of 5535
Education shall adopt rules and regulations governing any 5536
additional requirements for placement into a District of 5537
Transformation and the operation thereof. School districts or 5538
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schools that are eligible to be placed into a District of 5539
Transformation due to poor academic performance but are not 5540
absorbed due to the capacity of the State Board of Education, 5541
shall develop and implement a district improvement plan with 5542
prescriptive guidance and support from the Mississippi Department 5543
of Education, with the goal of helping the district improve 5544
student achievement. Failure of the school board, superintendent 5545
and school district staff to implement the plan with fidelity and 5546
participate in the activities provided as support by the 5547
department shall result in the school district retaining its 5548
eligibility for placement into a District of Transformation. 5549
(iii) If the State Board of Education determined 5550
that a school district is impaired with a serious lack of 5551
financial resources, the State Board of Education may place the 5552
school district into a District of Transformation. If a school 5553
district is placed into a District of Transformation for financial 5554
reasons, the school district shall be required to reimburse the 5555
state for any costs incurred by the state on behalf of the school 5556
district. 5557
(c) Whenever the Governor declares a state of emergency 5558
in a school district in response to a request made under paragraph 5559
(a) or (b) of this subsection, or when the State Board of 5560
Education places a school district into a District of 5561
Transformation due to poor academic performance or financial 5562
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reasons, the State Board of Education may take one or more of the 5563
following actions: 5564
(i) Declare a state of emergency, under which some 5565
or all of state funds can be escrowed except as otherwise provided 5566
in Section 206, Constitution of 1890, until the board determines 5567
corrective actions are being taken or the deficiencies have been 5568
removed, or that the needs of students warrant the release of 5569
funds. The funds may be released from escrow for any program 5570
which the board determines to have been restored to standard even 5571
though the state of emergency may not as yet be terminated for the 5572
district as a whole; 5573
(ii) Override any decision of the local school 5574
board or superintendent of education, or both, concerning the 5575
management and operation of the school district, or initiate and 5576
make decisions concerning the management and operation of the 5577
school district; 5578
(iii) Assign an interim superintendent, or in its 5579
discretion, contract with a private entity with experience in the 5580
academic, finance and other operational functions of schools and 5581
school districts, who will have those powers and duties prescribed 5582
in subsection (15) of this section; 5583
(iv) Grant transfers to students who attend this 5584
school district so that they may attend other accredited schools 5585
or districts in a manner that is not in violation of state or 5586
federal law; 5587
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(v) For states of emergency declared under 5588
paragraph (a) only, if the accreditation deficiencies are related 5589
to the fact that the school district is too small, with too few 5590
resources, to meet the required standards and if another school 5591
district is willing to accept those students, abolish that 5592
district and assign that territory to another school district or 5593
districts. If the school district has proposed a voluntary 5594
consolidation with another school district or districts, then if 5595
the State Board of Education finds that it is in the best interest 5596
of the pupils of the district for the consolidation to proceed, 5597
the voluntary consolidation shall have priority over any such 5598
assignment of territory by the State Board of Education; 5599
(vi) For actions taken pursuant to paragraph (b) 5600
only, reduce local supplements paid to school district employees, 5601
including, but not limited to, instructional personnel, assistant 5602
teachers and extracurricular activities personnel, if the 5603
district's impairment is related to a lack of financial resources, 5604
but only to an extent that will result in the salaries being 5605
comparable to districts similarly situated, as determined by the 5606
State Board of Education; 5607
(vii) For actions taken pursuant to paragraph (b) 5608
only, the State Board of Education may take any action as 5609
prescribed in Section 37-17-13. 5610
(d) At the time that satisfactory corrective action has 5611
been taken in a school district in which a state of emergency has 5612
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been declared, the State Board of Education may request the 5613
Governor to declare that the state of emergency no longer exists 5614
in the district. 5615
(e) The parent or legal guardian of a school-age child 5616
who is enrolled in a school district whose accreditation has been 5617
withdrawn by the Commission on School Accreditation and without 5618
approval of that school district may file a petition in writing to 5619
a school district accredited by the Commission on School 5620
Accreditation for a legal transfer. The school district 5621
accredited by the Commission on School Accreditation may grant the 5622
transfer according to the procedures of Section 37-15-31(1)(b). 5623
In the event the accreditation of the student's home district is 5624
restored after a transfer has been approved, the student may 5625
continue to attend the transferee school district. The per pupil 5626
amount of the total funding formula allotment for the student's 5627
home school district shall be transferred monthly to the school 5628
district accredited by the Commission on School Accreditation that 5629
has granted the transfer of the school-age child. 5630
(f) Upon the declaration of a state of emergency for 5631
any school district in which the Governor has previously declared 5632
a state of emergency, the State Board of Education may either: 5633
(i) Place the school district into district 5634
transformation, in which the school district shall remain until it 5635
has fulfilled all conditions related to district transformation. 5636
If the district was assigned an accreditation rating of "D" or "F" 5637
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when placed into district transformation, the district shall be 5638
eligible to return to local control when the school district has 5639
attained a "C" rating or higher for three (3) consecutive years; 5640
(ii) Abolish the school district and 5641
administratively consolidate the school district with one or more 5642
existing school districts; 5643
(iii) Reduce the size of the district and 5644
administratively consolidate parts of the district, as determined 5645
by the State Board of Education. However, no school district 5646
which is not in district transformation shall be required to 5647
accept additional territory over the objection of the district; or 5648
(iv) Require the school district to develop and 5649
implement a district improvement plan with prescriptive guidance 5650
and support from the State Department of Education, with the goal 5651
of helping the district improve student achievement. Failure of 5652
the school board, superintendent and school district staff to 5653
implement the plan with fidelity and participate in the activities 5654
provided as support by the department shall result in the school 5655
district retaining its eligibility for district transformation. 5656
(13) Upon the declaration of a state of emergency in a 5657
school district under subsection (12) of this section, or upon the 5658
State Board of Education's placement of a school district into a 5659
District of Transformation for academic or financial reasons, the 5660
Commission on School Accreditation shall be responsible for public 5661
notice at least once a week for at least three (3) consecutive 5662
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weeks in a newspaper published within the jurisdiction of the 5663
school district failing to meet accreditation standards, or if no 5664
newspaper is published therein, then in a newspaper having a 5665
general circulation therein. The size of the notice shall be no 5666
smaller than one-fourth (1/4) of a standard newspaper page and 5667
shall be printed in bold print. If an interim superintendent has 5668
been appointed for the school district, the notice shall begin as 5669
follows: "By authority of Section 37-17-6, * * * as amended, 5670
adopted by the Mississippi Legislature during the 1991 Regular 5671
Session, this school district (name of school district) is hereby 5672
placed under the jurisdiction of the State Department of Education 5673
acting through its appointed interim superintendent (name of 5674
interim superintendent)." 5675
The notice also shall include, in the discretion of the State 5676
Board of Education, any or all details relating to the school 5677
district's emergency status, including the declaration of a state 5678
of emergency in the school district and a description of the 5679
district's impairment deficiencies, conditions of any district 5680
transformation status and corrective actions recommended and being 5681
taken. Public notices issued under this section shall be subject 5682
to Section 13-3-31 and not contrary to other laws regarding 5683
newspaper publication. 5684
Upon termination of a school district in a District of 5685
Transformation, the Commission on School Accreditation shall cause 5686
notice to be published in the school district in the same manner 5687
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provided in this section, to include any or all details relating 5688
to the corrective action taken in the school district that 5689
resulted in the termination of the state of emergency. 5690
(14) The State Board of Education or the Commission on 5691
School Accreditation shall have the authority to require school 5692
districts to produce the necessary reports, correspondence, 5693
financial statements, and any other documents and information 5694
necessary to fulfill the requirements of this section. 5695
Nothing in this section shall be construed to grant any 5696
individual, corporation, board or interim superintendent the 5697
authority to levy taxes except in accordance with presently 5698
existing statutory provisions. 5699
(15) (a) Whenever the Governor declares a state of 5700
emergency in a school district in response to a request made under 5701
subsection (12) of this section, or when the State Board of 5702
Education places a school district into a District of 5703
Transformation for academic or financial reasons, the State Board 5704
of Education, in its discretion, may assign an interim 5705
superintendent to the school district, or in its discretion, may 5706
contract with an appropriate private entity with experience in the 5707
academic, finance and other operational functions of schools and 5708
school districts, who will be responsible for the administration, 5709
management and operation of the school district, including, but 5710
not limited to, the following activities: 5711
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(i) Approving or disapproving all financial 5712
obligations of the district, including, but not limited to, the 5713
employment, termination, nonrenewal and reassignment of all 5714
licensed and nonlicensed personnel, contractual agreements and 5715
purchase orders, and approving or disapproving all claim dockets 5716
and the issuance of checks; in approving or disapproving 5717
employment contracts of superintendents, assistant superintendents 5718
or principals, the interim superintendent shall not be required to 5719
comply with the time limitations prescribed in Sections 37-9-15 5720
and 37-9-105; 5721
(ii) Supervising the day-to-day activities of the 5722
district's staff, including reassigning the duties and 5723
responsibilities of personnel in a manner which, in the 5724
determination of the interim superintendent, will best suit the 5725
needs of the district; 5726
(iii) Reviewing the district's total financial 5727
obligations and operations and making recommendations to the 5728
district for cost savings, including, but not limited to, 5729
reassigning the duties and responsibilities of staff; 5730
(iv) Attending all meetings of the district's 5731
school board and administrative staff; 5732
(v) Approving or disapproving all athletic, band 5733
and other extracurricular activities and any matters related to 5734
those activities; 5735
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(vi) Maintaining a detailed account of 5736
recommendations made to the district and actions taken in response 5737
to those recommendations; 5738
(vii) Reporting periodically to the State Board of 5739
Education on the progress or lack of progress being made in the 5740
district to improve the district's impairments during the state of 5741
emergency; and 5742
(viii) Appointing a parent advisory committee, 5743
comprised of parents of students in the school district that may 5744
make recommendations to the interim superintendent concerning the 5745
administration, management and operation of the school district. 5746
The cost of the salary of the interim superintendent and any 5747
other actual and necessary costs related to district 5748
transformation status paid by the State Department of Education 5749
shall be reimbursed by the local school district from funds other 5750
than total funding formula funds as provided in Sections 5751
37-151-200 through 37-151-215. In the alternative, the local 5752
school district may pay the cost of the salary of the interim 5753
superintendent. The department shall submit an itemized statement 5754
to the superintendent of the local school district for 5755
reimbursement purposes, and any unpaid balance may be withheld 5756
from the district's funding formula funds. 5757
At the time that the Governor, in accordance with the request 5758
of the State Board of Education, declares that the state of 5759
emergency no longer exists in a school district, the interim 5760
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superintendent assigned to the district shall remain in place for 5761
a period of two (2) years and shall work alongside the newly 5762
reconstituted school board. A new superintendent may be hired by 5763
the newly reconstituted board after the one (1) year state of 5764
emergency no longer exists, but he or she shall serve as deputy to 5765
the interim superintendent while the interim superintendent is 5766
assigned to the district. 5767
(b) In order to provide loans to school districts under 5768
a state of emergency or in district transformation status that 5769
have impairments related to a lack of financial resources, the 5770
School District Emergency Assistance Fund is created as a special 5771
fund in the State Treasury into which monies may be transferred or 5772
appropriated by the Legislature from any available public 5773
education funds. Funds in the School District Emergency 5774
Assistance Fund up to a maximum balance of Three Million Dollars 5775
($3,000,000.00) annually shall not lapse but shall be available 5776
for expenditure in subsequent years subject to approval of the 5777
State Board of Education. Any amount in the fund in excess of 5778
Three Million Dollars ($3,000,000.00) at the end of the fiscal 5779
year shall lapse into the State General Fund or the Education 5780
Enhancement Fund, depending on the source of the fund. 5781
The State Board of Education may loan monies from the School 5782
District Emergency Assistance Fund to a school district that is 5783
under a state of emergency or in district transformation status, 5784
in those amounts, as determined by the board, that are necessary 5785
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to correct the district's impairments related to a lack of 5786
financial resources. The loans shall be evidenced by an agreement 5787
between the school district and the State Board of Education and 5788
shall be repayable in principal, without necessity of interest, to 5789
the School District Emergency Assistance Fund by the school 5790
district from any allowable funds that are available. The total 5791
amount loaned to the district shall be due and payable within five 5792
(5) years after the impairments related to a lack of financial 5793
resources are corrected. If a school district fails to make 5794
payments on the loan in accordance with the terms of the agreement 5795
between the district and the State Board of Education, the State 5796
Department of Education, in accordance with rules and regulations 5797
established by the State Board of Education, may withhold that 5798
district's total funding formula funds in an amount and manner 5799
that will effectuate repayment consistent with the terms of the 5800
agreement; the funds withheld by the department shall be deposited 5801
into the School District Emergency Assistance Fund. 5802
The State Board of Education shall develop a protocol that 5803
will outline the performance standards and requisite timeline 5804
deemed necessary for extreme emergency measures. If the State 5805
Board of Education determines that an extreme emergency exists, 5806
simultaneous with the powers exercised in this subsection, it 5807
shall take immediate action against all parties responsible for 5808
the affected school districts having been determined to be in an 5809
extreme emergency. The action shall include, but not be limited 5810
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to, initiating civil actions to recover funds and criminal actions 5811
to account for criminal activity. Any funds recovered by the 5812
State Auditor or the State Board of Education from the surety 5813
bonds of school officials or from any civil action brought under 5814
this subsection shall be applied toward the repayment of any loan 5815
made to a school district hereunder. 5816
(16) [Deleted] 5817
(17) [Deleted] 5818
(18) The State Board of Education, acting through the 5819
Commission on School Accreditation, shall require each school 5820
district to comply with standards established by the State 5821
Department of Audit for the verification of fixed assets and the 5822
auditing of fixed assets records as a minimum requirement for 5823
accreditation. 5824
(19) [Deleted] 5825
(20) [Deleted] 5826
(21) If a local school district is determined as failing and 5827
placed into district transformation status for reasons authorized 5828
by the provisions of this section, the interim superintendent 5829
appointed to the district shall, within forty-five (45) days after 5830
being appointed, present a detailed and structured corrective 5831
action plan to move the local school district out of district 5832
transformation status to the deputy superintendent. A copy of the 5833
interim superintendent's corrective action plan shall also be 5834
filed with the State Board of Education. 5835
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(22) The State Board of Education shall integrate the 5836
requirements of the School Accountability Dashboard into the 5837
existing performance-based accreditation system and ensure 5838
compliance by all public schools and districts. 5839
SECTION 77. Section 37-21-7, Mississippi Code of 1972, is 5840
amended as follows: 5841
37-21-7. (1) This section shall be referred to as the 5842
"Mississippi Elementary Schools Assistant Teacher Program," the 5843
purpose of which shall be to provide an early childhood education 5844
program that assists in the instruction of basic skills. The 5845
State Board of Education is authorized, empowered and directed to 5846
implement a statewide system of assistant teachers in kindergarten 5847
classes and in the first, second and third grades. The assistant 5848
teacher shall assist pupils in actual instruction under the strict 5849
supervision of a licensed teacher. 5850
(2) (a) Except as otherwise authorized under subsection 5851
(7), each school district shall employ the total number of 5852
assistant teachers funded under subsection (6) of this section. 5853
The superintendent of each district shall assign the assistant 5854
teachers to the kindergarten, first-, second- and third-grade 5855
classes in the district in a manner that will promote the maximum 5856
efficiency, as determined by the superintendent, in the 5857
instruction of skills such as verbal and linguistic skills, 5858
logical and mathematical skills, and social skills. 5859
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(b) If a licensed teacher to whom an assistant teacher 5860
has been assigned is required to be absent from the classroom, the 5861
assistant teacher may assume responsibility for the classroom in 5862
lieu of a substitute teacher. However, no assistant teacher shall 5863
assume sole responsibility of the classroom for more than three 5864
(3) consecutive school days. Further, in no event shall any 5865
assistant teacher be assigned to serve as a substitute teacher for 5866
any teacher other than the licensed teacher to whom that assistant 5867
teacher has been assigned. 5868
(3) Assistant teachers shall have, at a minimum, a high 5869
school diploma or a High School Equivalency Diploma equivalent, 5870
and shall show demonstratable proficiency in reading and writing 5871
skills. The State Department of Education shall develop a testing 5872
procedure for assistant teacher applicants to be used in all 5873
school districts in the state. 5874
(4) (a) In order to receive funding, each school district 5875
shall: 5876
(i) Submit a plan on the implementation of a 5877
reading improvement program to the State Department of Education; 5878
and 5879
(ii) Develop a plan of educational accountability 5880
and assessment of performance, including pretests and posttests, 5881
for reading in Grades 1 through 6. 5882
(b) Additionally, each school district shall: 5883
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(i) Provide annually a mandatory preservice 5884
orientation session, using an existing in-school service day, for 5885
administrators and teachers on the effective use of assistant 5886
teachers as part of a team in the classroom setting and on the 5887
role of assistant teachers, with emphasis on program goals; 5888
(ii) Hold periodic workshops for administrators 5889
and teachers on the effective use and supervision of assistant 5890
teachers; 5891
(iii) Provide training annually on specific 5892
instructional skills for assistant teachers; 5893
(iv) Annually evaluate their program in accordance 5894
with their educational accountability and assessment of 5895
performance plan; and 5896
(v) Designate the necessary personnel to supervise 5897
and report on their program. 5898
(5) The State Department of Education shall: 5899
(a) Develop and assist in the implementation of a 5900
statewide uniform training module, subject to the availability of 5901
funds specifically appropriated therefor by the Legislature, which 5902
shall be used in all school districts for training administrators, 5903
teachers and assistant teachers. The module shall provide for the 5904
consolidated training of each assistant teacher and teacher to 5905
whom the assistant teacher is assigned, working together as a 5906
team, and shall require further periodic training for 5907
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administrators, teachers and assistant teachers regarding the role 5908
of assistant teachers; 5909
(b) Annually evaluate the program on the district and 5910
state level. Subject to the availability of funds specifically 5911
appropriated therefor by the Legislature, the department shall 5912
develop: (i) uniform evaluation reports, to be performed by the 5913
principal or assistant principal, to collect data for the annual 5914
overall program evaluation conducted by the department; or (ii) a 5915
program evaluation model that, at a minimum, addresses process 5916
evaluation; and 5917
(c) Promulgate rules, regulations and such other 5918
standards deemed necessary to effectuate the purposes of this 5919
section. Noncompliance with the provisions of this section and 5920
any rules, regulations or standards adopted by the department may 5921
result in a violation of compulsory accreditation standards as 5922
established by the State Board of Education and the Commission on 5923
School Accreditation. 5924
(6) Each school district shall be allotted sufficient 5925
funding under the total funding formula provided in Sections 5926
37-151-200 through 37-151-215 for the purpose of employing 5927
assistant teachers. No assistant teacher shall be paid less than 5928
the amount he or she received in the prior school year. No school 5929
district shall receive any funds under this section for any school 5930
year during which the aggregate amount of the local contribution 5931
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to the salaries of assistant teachers by the district shall have 5932
been reduced below such amount for the previous year. 5933
For assistant teachers, the minimum annual salary shall be as 5934
follows: 5935
* * * 2026-2027 and Subsequent Years Minimum Salary.............. 5936
................................................. * * * $20,000.00 5937
In addition, for each one percent (1%) that the Sine Die 5938
General Fund Revenue Estimate Growth exceeds five percent (5%) in 5939
fiscal year 2006, as certified by the Legislative Budget Office to 5940
the State Board of Education and subject to the specific 5941
appropriation therefor by the Legislature, the State Board of 5942
Education shall revise the salary scale in the appropriate year to 5943
provide an additional one percent (1%) across-the-board increase 5944
in the base salaries for assistant teachers. The State Board of 5945
Education shall revise the salaries prescribed above for assistant 5946
teachers to conform to any adjustments made in prior fiscal years 5947
due to revenue growth over and above five percent (5%). The 5948
assistant teachers shall not be restricted to working only in the 5949
grades for which the funds were allotted, but may be assigned to 5950
other classes as provided in subsection (2)(a) of this section. 5951
(7) (a) As an alternative to employing assistant teachers, 5952
any school district may use the funding provided under subsection 5953
(6) of this section for the purpose of employing licensed teachers 5954
for kindergarten, first-, second- and third-grade classes; 5955
however, no school district shall be authorized to use the funding 5956
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for assistant teachers for the purpose of employing licensed 5957
teachers unless the district has established that the employment 5958
of licensed teachers using such funds will reduce the 5959
teacher:student ratio in the kindergarten, first-, second- and 5960
third-grade classes. All state funds for assistant teachers shall 5961
be applied to reducing teacher:student ratio in Grades K-3. 5962
It is the intent of the Legislature that no school district 5963
shall dismiss any assistant teacher for the purpose of using the 5964
assistant teacher funding to employ licensed teachers. School 5965
districts may rely only upon normal attrition to reduce the number 5966
of assistant teachers employed in that district. 5967
(b) Districts meeting the highest levels of 5968
accreditation standards, as defined by the State Board of 5969
Education, shall be exempted from the provisions of subsection (4) 5970
of this section. 5971
SECTION 78. Section 37-173-9, Mississippi Code of 1972, is 5972
brought forward as follows: 5973
37-173-9. (1) (a) The parent or legal guardian is not 5974
required to accept the offer of enrolling in another public school 5975
in lieu of requesting a Mississippi Dyslexia Therapy Scholarship 5976
to a nonpublic school. However, if the parent or legal guardian 5977
chooses the public school option, the student may continue 5978
attending a public school chosen by the parent or legal guardian 5979
until the student completes Grade 12. 5980
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(b) If the parent or legal guardian chooses a public 5981
school within the district, the school district shall provide 5982
transportation to the public school selected by the parent or 5983
legal guardian. However, if the parent or legal guardian chooses 5984
a public school in another district, the parent or legal guardian 5985
is responsible to provide transportation to the school of choice. 5986
These provisions do not prohibit a parent or legal guardian 5987
of a student diagnosed with dyslexia, at any time, from choosing 5988
the option of a Mississippi Dyslexia Therapy Scholarship which 5989
would allow the student to attend another public school or 5990
nonpublic special purpose school. 5991
(2) If the parent or legal guardian chooses the nonpublic 5992
school option and the student is accepted by the nonpublic school 5993
pending the availability of a space for the student, the parent or 5994
legal guardian of the student must notify the department thirty 5995
(30) days before the first scholarship payment and before entering 5996
the nonpublic school in order to be eligible for the scholarship 5997
when a space becomes available for the student in the nonpublic 5998
school. 5999
(3) The parent or legal guardian of a student may choose, as 6000
an alternative, to enroll the student in and transport the student 6001
to a public school in an adjacent school district which has 6002
available space and has a program with dyslexia services that 6003
provide daily dyslexia therapy sessions delivered by a department 6004
licensed dyslexia therapist, and that school district shall accept 6005
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the student and report the student for purposes of the district's 6006
funding under the total funding formula provided in Sections 6007
37-151-200 through 37-151-215. 6008
SECTION 79. Section 37-173-13, Mississippi Code of 1972, is 6009
amended as follows: 6010
37-173-13. (1) The maximum scholarship granted per eligible 6011
student with dyslexia shall be an amount equivalent to the student 6012
base amount under the total funding formula provided in Sections 6013
37-151-200 through 37-151-215, and an additional Two Thousand 6014
Dollars ($2,000.00) above the base student cost for the applicable 6015
school year. 6016
(2) (a) The nonpublic school under this program shall 6017
report to the State Department of Education the number of students 6018
with dyslexia who are enrolled in nonpublic schools on the 6019
Mississippi Dyslexia Therapy Scholarships as of September 30 of 6020
each year in order to determine funding for the subsequent year. 6021
Funds may not be transferred from any funding provided to the 6022
Mississippi School for the Deaf and the Blind for program 6023
participants who are eligible under Section 37-173-5. 6024
(b) The State Department of Education will disburse 6025
payments to nonpublic schools under this program in twelve (12) 6026
substantially equal installments. The initial payment shall be 6027
made after department verification of admission acceptance, and 6028
subsequent payments shall be made upon verification of continued 6029
enrollment and attendance at the nonpublic school. 6030
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SECTION 80. Section 37-175-13, Mississippi Code of 1972, is 6031
amended as follows: 6032
37-175-13. (1) The maximum scholarship granted per eligible 6033
student with speech-language impairment shall be an amount 6034
equivalent to the * * * base student * * * amount under the total 6035
funding formula provided in Sections 37-151-200 through 6036
37-151-215 * * * , and an additional Two Thousand Dollars 6037
($2,000.00) above the base student cost for the applicable school 6038
year. 6039
(2) (a) Any nonpublic school under this program shall 6040
report to the State Department of Education the number of students 6041
with speech-language impairment who are enrolled in nonpublic 6042
schools on the Mississippi Speech-Language Therapy Scholarships as 6043
of September 30 of each year in order to determine funding for the 6044
subsequent year. Funds may not be transferred from any funding 6045
provided to the Mississippi School for the Deaf and the Blind for 6046
program participants who are eligible under Section 37-175-5. 6047
(b) The State Department of Education shall make 6048
payments to nonpublic schools for each student at the nonpublic 6049
school equal to the state share of the total funding formula 6050
payments for each student in net enrollment at the school district 6051
from which the student transferred. In calculating the local 6052
contribution for purposes of determining the state share of the 6053
total funding formula payments, the department shall deduct the 6054
pro rata local contribution of the school district in which the 6055
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student resides, to be determined as provided in Section 6056
37-151-211(2). 6057
(c) Payments made pursuant to this subsection by the 6058
State Department of Education must be made at the same time and in 6059
the same manner as the total funding formula payments are made to 6060
school districts under Sections 37-151-101 and 37-151-103. 6061
Amounts payable to a nonpublic school must be determined by the 6062
State Department of Education. 6063
(3) If the parent opts to remove a child from a public 6064
school to a nonpublic special purpose school and to receive a 6065
scholarship under this chapter, then transportation shall be 6066
provided at the parent's or guardian's expense. 6067
SECTION 81. (1) Beginning with the 2026-2027 academic 6068
school year, the State Board of Education shall incorporate 6069
financial literacy components within the existing curriculum 6070
offered in Grades 6 through 8. This section shall be applicable 6071
to all schools accredited by the State Department of Education and 6072
public charter schools. 6073
(2) Beginning with the graduating class of 2031, each public 6074
school student during Grade 9, 10, 11 or 12, shall take and pass a 6075
one-half (1/2) Carnegie Unit credit course in personal finance or 6076
a full Carnegie Unit course where half the course standards are 6077
financial literacy in order to earn a high school diploma. 6078
(3) There is established in the State Treasury a special 6079
fund to be known as the "Financial Literacy Trust Fund" to provide 6080
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financial literacy education for this program. The fund shall be 6081
administered by the State Board of Education and may accept 6082
private contributions, publicly or privately funded grants, any 6083
eligible funds from settlements or penalties collected by the 6084
state or any state agency, and funds appropriated by the state or 6085
federal government. No expenditure from the fund shall cause the 6086
fund to be in deficiency at the close of the fiscal year. 6087
Unexpended monies remaining in the fund at the end of the fiscal 6088
year shall not lapse into the General Fund but shall be available 6089
for expenditure in the subsequent fiscal year. The fund shall be 6090
an expendable trust fund and shall not be subject to appropriation 6091
or allotment. 6092
(4) The State Board of Education shall develop rules and 6093
regulations for the implementation of the trust. The trust may 6094
expend funds to administer the fund, which shall include an 6095
independent audit of the financial activities of the fund every 6096
three (3) years. The trust also may enter into contracts with 6097
private corporations to manage and implement the programmatic, 6098
fiduciary or administrative goals of the trust, subject to the 6099
approval of the board. The board shall annually report to the 6100
Legislature all programmatic and financial activities and balances 6101
of the fund on or before December 31 of each year. 6102
SECTION 82. Section 37-16-7, Mississippi Code of 1972, is 6103
amended as follows: 6104
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37-16-7. (1) Each district school board shall establish 6105
standards for graduation from its schools which shall include as a 6106
minimum: 6107
(a) Mastery of minimum academic skills as measured by 6108
assessments developed and administered by the State Board of 6109
Education * * *; and 6110
(b) Completion of a minimum number of academic credits, 6111
including a one-half (1/2) Carnegie Unit credit course in personal 6112
finance or a full Carnegie Unit course where half the course 6113
standards are financial literacy as set forth in Section 81 of 6114
this act, and all other applicable requirements prescribed by the 6115
district school board. 6116
( * * *2) By school, each school district shall maintain and 6117
report information on high school graduation rates. High schools 6118
with graduation rates lower than eighty percent (80%) must submit 6119
a detailed plan to the * * * State Department of Education to 6120
restructure the high school experience to improve graduation 6121
rates. 6122
( * * *3) A student who meets all requirements prescribed in 6123
subsection (1) of this section shall be awarded a standard diploma 6124
in a form prescribed by the State Board of Education. 6125
( * * *4) The State Board of Education may establish student 6126
proficiency standards for promotion to grade levels leading to 6127
graduation. 6128
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( * * *5) The State Board of Education shall develop a 6129
curriculum related to the study of sign language. Any such class 6130
developed by the board may count as an academic credit for foreign 6131
languages for the purposes of high school graduation requirements. 6132
SECTION 83. Sections 83 through 86 of this act shall be 6133
known as the "Mississippi School Accountability Dashboard Act". 6134
SECTION 84. The Legislature finds that providing parents, 6135
educators and communities with clear, comprehensive and accessible 6136
school performance information enhances transparency, fosters 6137
accountability and supports student success. Mississippi's 6138
performance-based accreditation system offers the foundation for 6139
reporting this data. 6140
SECTION 85. (1) (a) Beginning with the 2026-2027 academic 6141
school year, all school districts shall publish their initial 6142
School Accountability Dashboards by September 30, 2026. 6143
Subsequently, districts shall provide an updated dashboard within 6144
three (3) weeks of receiving their annual district accountability 6145
rating as published by the State Department of Education in the 6146
Mississippi Succeeds Report Card, and annually thereafter subject 6147
to the three-week grace period of publication of the Mississippi 6148
Succeeds Report Card. 6149
(b) Except as otherwise provided in paragraph (c), the 6150
data required under Section 86 of this act to be reported in the 6151
dashboard shall be compiled into an easily accessible, 6152
user-friendly single-page graphic and published on the main page 6153
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of the school district's and in a centralized database on the 6154
department's website. Additional data included on a district's 6155
accountability dashboard may consist of measures and statistics 6156
the local school board believes to be relevant to the overall 6157
performance of schools in that school district, which shall be 6158
clearly distinguished from statutorily required reporting metrics. 6159
(c) The department shall be granted a one-year grace 6160
period to identify any relevant statistical data that is not 6161
currently collected to be subsequently in all dashboard reports 6162
beginning with the published dashboards for the 2027-2028 school 6163
year. 6164
(2) The State Department of Education shall issue guidance 6165
and the standardized dashboard template to all school districts by 6166
August 1, 2026. The department shall develop a School 6167
Accountability Dashboard website, that is independent of the 6168
department's official website, which shall be administered 6169
strictly for the purpose of providing detailed monthly reports of 6170
actual revenue, receipts, expenditures and disbursements as 6171
further provided in this section. In the development of School 6172
Accountability Dashboard website, the department shall provide an 6173
online tool for comparison of public school district budgets and 6174
expenditures, in total and on a per-pupil basis. 6175
SECTION 86. (1) The State Department of Education shall 6176
develop and provide a standardized template for a School 6177
Accountability Dashboard, which shall be aligned with the state's 6178
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performance-based accreditation system to ensure consistency in 6179
reporting by all public schools and districts. 6180
(2) Unless otherwise exempted under Section 85(1)(c) the 6181
dashboard shall include, but not be limited to, the following 6182
metrics: 6183
(a) Schoolwide Metrics: 6184
(i) School accountability letter grade; 6185
(ii) School district accountability letter grade; 6186
(iii) Graduation rate; 6187
(iv) Grade 8 reading and math proficiency and 6188
growth; 6189
(v) Grade 3 reading and math proficiency and 6190
growth; 6191
(vi) Truancy/absenteeism rate; 6192
(vii) Dropout rate; and 6193
(viii) Student-to-teacher ratio; 6194
(b) College, Career, and Workforce Readiness Metrics: 6195
(i) College placement rate; 6196
(ii) Job placement rate; 6197
(iii) Military placement rate; 6198
(iv) Average ACT and ACT WorkKeys scores; and 6199
(v) Specialty class offerings (e.g., advanced 6200
placement, career-technical education, dual credit, industry 6201
internships); 6202
(vi) College and career-readiness index scores; 6203
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(c) Teacher and Staffing Metrics: 6204
(i) Number of teachers with advanced 6205
degrees/certifications; 6206
(ii) Number of teachers with industry experience; 6207
(iii) Teacher turnover rate; and 6208
(iv) Number of long-term substitute teachers 6209
utilized; and 6210
(d) School fiscal accounting and expenditure reports. 6211
(3) After the initial submission of school fiscal data in 6212
the School Accountability Dashboard by September 30, 2026, 6213
required under Section 86(1), beginning October 15, 2026, and the 6214
fifteenth day of each month thereafter, each school district shall 6215
submit a detailed fiscal accounting report to the State Department 6216
of Education, identifying and itemizing every fund allocated, 6217
received and expended by the district during the calendar year, 6218
before such funds are assigned codes for specific functions and 6219
objects. At a minimum, the school district fiscal accounting 6220
report shall include: 6221
(a) The actual amount of total monthly expenditures, 6222
which shall be further identified and itemized by: 6223
(i) Amount of each single, independent 6224
expenditure; 6225
(ii) Date of specific expenditure; 6226
(iii) The purpose for which the expenditure was 6227
made; 6228
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(iv) To whom the expenditure of funds was paid; 6229
(v) The function and object code associated with 6230
each single, independent expenditure; 6231
(vi) Contracts for each month, including, without 6232
limitation, the identity of each vendor, the purpose of each 6233
contract and payments associated with each contract; 6234
(vii) An identification of all funding sources, 6235
and the monthly beginning and ending balance of those sources; and 6236
(viii) The funding source from which the funds 6237
were expended for each transaction; 6238
(b) A reporting of all district staff and personnel 6239
expenditures separated as follows: 6240
(i) Total aggregate expenditures for staff and 6241
personnel who are compensated according to a statutory salary 6242
schedule during the monthly reporting period; 6243
(ii) Total aggregate expenditures for staff and 6244
personnel who are not compensated according to a statutory salary 6245
schedule during the monthly reporting period; and 6246
(iii) By June 30 of each year, an aggregate 6247
accounting of salaries for all district personnel, whether 6248
compensated in accordance with a statutory salary schedule, 6249
through contractual obligation or regular hourly wages, which 6250
further identifies each employee's title or job function, their 6251
duties and responsibilities and the aggregate amount of 6252
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compensation disbursed to each employee during the fiscal year; 6253
and 6254
(c) By June 30 of each year, an identification of all 6255
supplemental pay provided by the school district, to teachers, 6256
teacher assistants and other district personnel, regardless of 6257
capacity for which they serve as a full-time or part-time 6258
employee. 6259
(4) The State Department of Education, in accordance with 6260
rules and regulations established by the State Board of Education, 6261
shall withhold a school district's total funding formula 6262
allocation for failure of the district to timely report fiscal and 6263
personnel data necessary to meet the requirements of this section. 6264
Noncompliance with such rules and regulations shall result in a 6265
violation of compulsory accreditation standards as established by 6266
the State Board of Education and Commission on School 6267
Accreditation. 6268
SECTION 87. Section 37-17-8, Mississippi Code of 1972, is 6269
amended as follows: 6270
37-17-8. (1) The State Board of Education, through the 6271
Commission on School Accreditation, shall establish criteria for 6272
comprehensive in-service staff development plans. These criteria 6273
shall: (a) include, but not be limited to, formula and guidelines 6274
for allocating available state funds for in-service training to 6275
local school districts; (b) require that a portion of the plans be 6276
devoted exclusively for the purpose of providing staff development 6277
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training for beginning teachers within that local school district 6278
and for no other purpose; and (c) require that a portion of the 6279
school district's in-service training for administrators and 6280
teachers be dedicated to the application and utilization of 6281
various disciplinary techniques. The board shall each year make 6282
recommendations to the Legislature concerning the amount of funds 6283
which shall be appropriated for this purpose. 6284
(2) School districts shall not be required to submit staff 6285
development plans to the Commission on School Accreditation for 6286
approval. However, any school district accredited at the lowest 6287
performance levels, as defined by the State Board of Education, 6288
shall include, as a part of any required corrective action plan, 6289
provisions to address staff development in accordance with State 6290
Board of Education requirements. All school districts, unless 6291
specifically exempt from this section, must maintain on file staff 6292
development plans as required under this section. The plan shall 6293
have been prepared by a district committee appointed by the 6294
district superintendent and consisting of teachers, 6295
administrators, school board members, and lay people, and it shall 6296
have been approved by the district superintendent. 6297
(3) In order to ensure that teachers are not overburdened 6298
with paperwork and written reports, local school districts and 6299
the State Board of Education shall take such steps as may be 6300
necessary to further the reduction of paperwork requirements on 6301
teachers. 6302
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(4) Districts meeting the highest levels of accreditation 6303
standards, as defined by the State Board of Education, shall be 6304
exempted from the mandatory provisions of this section relating to 6305
staff development plans. 6306
(5) The School Accountability Dashboard shall serve as a 6307
public reporting tool and shall not impose additional punitive 6308
measures based solely on the data reported therein. The State 6309
Department of Education shall oversee the accuracy and consistency 6310
of dashboard data across districts and provide technical 6311
assistance as needed. 6312
SECTION 88. Section 25-11-126, Mississippi Code of 1972, is 6313
amended as follows: 6314
25-11-126. (1) Any person who has at least thirty (30) 6315
years of creditable service, who was employed as a public school 6316
teacher at the time of his or her retirement, has been retired at 6317
least ninety (90) days and is receiving a retirement allowance, 6318
and holds a standard teaching license in Mississippi, may be 6319
employed as a teacher in a public school district after 6320
retirement, and choose to continue receiving the retirement 6321
allowance under this article during his or her employment as a 6322
teacher after retirement in addition to receiving the salary 6323
authorized under this section, along with the local contribution 6324
of the school district in which the retiree is employed, at the 6325
discretion of the school district. Any teacher who has retired 6326
with at least twenty-five (25) years of creditable service as of 6327
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July 1, 2024, may also participate in this program if the teacher 6328
otherwise qualifies under this section. 6329
(2) A retired teacher, under the authority of this section 6330
may * * * be hired to teach in * * * any school district * * *, 6331
and shall hold the related standard teaching license and/or 6332
endorsements to teach in the subject area for which he or she is 6333
employed. The base compensation authorized for returning retired 6334
teachers under Section 37-19-7 shall not be graduated annually in 6335
the same manner as teachers who are employed by a school district 6336
under traditional employment guidelines, but shall remain static 6337
for the entirety of his or her * * * teaching period as a retired 6338
teacher. 6339
(3) (a) A retired teacher may be employed as a teacher, 6340
continue receiving his or her retirement allowance and be a 6341
contributing member of the system without accruing additional 6342
retirement benefits * * *. 6343
* * * A school district shall * * * adhere to the salary 6344
schedule prescribed in Section 37-19-7 in considering the salary 6345
for a retired teacher, which shall not be less than the amount 6346
comparable to teacher's salary at his or her retirement as 6347
determined by the teacher's years of service and license 6348
type * * *. However, * * * the school district may allocate up to 6349
one hundred and twenty-five percent (125%) of the amount provided 6350
under the salary schedule comparable to the teacher's years of 6351
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service and license type as salary and assessment under the 6352
program. 6353
* * * 6354
(b) * * * The salary authorized under Section 37-19-7 6355
for retired teachers shall be * * * adjusted accordingly to 6356
reflect * * * the contractual agreement entered into by an 6357
employing school district and a retired teacher * * * to perform 6358
instructional responsibility on a part-time or full-time basis. 6359
(c) The State Department of Education shall transfer to 6360
the system the * * * total funding formula funds of local school 6361
districts that on or after July 1, 2024, hire retired members as 6362
teachers under this section and other funds that otherwise would 6363
have been payable to the districts if the districts had not taken 6364
advantage of this section. The crediting of assets and financing 6365
shall follow the provisions of Section 25-11-123. 6366
(d) Local educational agencies shall transfer to the 6367
system * * * the total funding formula funds of local school 6368
districts that on or after July 1, 2024, hire retired members as 6369
teachers under this section and other funds that otherwise would 6370
have been payable to the districts if the districts had not taken 6371
advantage of this section. The crediting of assets and financing 6372
must follow the provisions of Section 25-11-123. 6373
* * * 6374
( * * *4) A person may be hired under this section subject 6375
to the following conditions: 6376
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(a) The retired member holds any teacher's professional 6377
license or certificate as may be required in Section 37-3-2, and 6378
holds the related standard teaching license and/or endorsements to 6379
teach in the applicable subject area of instruction provided to 6380
students; 6381
(b) The superintendent of the employing school district 6382
certifies in writing to the State Department of Education that the 6383
retired member has the requisite experience, training and 6384
expertise for the position to be filled; 6385
(c) The superintendent of the school district certifies 6386
or the principal of the school certifies that there was no 6387
preexisting arrangement for the person to be hired; and 6388
(d) The person had a satisfactory performance review 6389
for the most recent period before retirement * * *. 6390
* * * 6391
( * * *5) The State Superintendent of Public Education shall 6392
report the persons who are employed under this section to the 6393
Executive Director of the Public Employees' Retirement System. 6394
( * * *6) The department of education shall promulgate 6395
regulations that prescribe a salary schedule that reflects the 6396
provisions of this section. Each school district shall create a 6397
policy, approved by the local school board, related to the hiring 6398
of retired teachers and including, but not limited to, the hiring 6399
of full- and part-time retired teacher employees under this 6400
section and Section 25-11-127. 6401
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( * * *7) Any retired teacher who returns to work in 6402
accordance with this section shall not be eligible to return to 6403
work under the provisions of Section 25-11-127. 6404
SECTION 89. Section 37-19-7, Mississippi Code of 1972, is 6405
amended as follows: 6406
37-19-7. (1) Teachers' salaries in each public school 6407
district shall be determined and paid in accordance with the scale 6408
for teachers' salaries as provided in this subsection. For 6409
teachers holding the following types of licenses or the equivalent 6410
as determined by the State Board of Education, and the following 6411
number of years of teaching experience, the scale shall be as 6412
follows: 6413
2022-2023 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE 6414
Exp. AAAA AAA AA A 6415
0 45,500.00 44,000.00 43,000.00 41,500.00 6416
1 46,100.00 44,550.00 43,525.00 41,900.00 6417
2 46,700.00 45,100.00 44,050.00 42,300.00 6418
3 47,300.00 45,650.00 44,575.00 42,700.00 6419
4 47,900.00 46,200.00 45,100.00 43,100.00 6420
5 49,250.00 47,500.00 46,350.00 44,300.00 6421
6 49,850.00 48,050.00 46,875.00 44,700.00 6422
7 50,450.00 48,600.00 47,400.00 45,100.00 6423
8 51,050.00 49,150.00 47,925.00 45,500.00 6424
9 51,650.00 49,700.00 48,450.00 45,900.00 6425
10 53,000.00 51,000.00 49,700.00 47,100.00 6426
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11 53,600.00 51,550.00 50,225.00 47,500.00 6427
12 54,200.00 52,100.00 50,750.00 47,900.00 6428
13 54,800.00 52,650.00 51,275.00 48,300.00 6429
14 55,400.00 53,200.00 51,800.00 48,700.00 6430
15 56,750.00 54,500.00 53,050.00 49,900.00 6431
16 57,350.00 55,050.00 53,575.00 50,300.00 6432
17 57,950.00 55,600.00 54,100.00 50,700.00 6433
18 58,550.00 56,150.00 54,625.00 51,100.00 6434
19 59,150.00 56,700.00 55,150.00 51,500.00 6435
20 60,500.00 58,000.00 56,400.00 52,700.00 6436
21 61,100.00 58,550.00 56,925.00 53,100.00 6437
22 61,700.00 59,100.00 57,450.00 53,500.00 6438
23 62,300.00 59,650.00 57,975.00 53,900.00 6439
24 62,900.00 60,200.00 58,500.00 54,300.00 6440
25 65,400.00 62,700.00 61,000.00 56,800.00 6441
26 66,000.00 63,250.00 61,525.00 57,200.00 6442
27 66,600.00 63,800.00 62,050.00 57,600.00 6443
28 67,200.00 64,350.00 62,575.00 58,000.00 6444
29 67,800.00 64,900.00 63,100.00 58,400.00 6445
30 68,400.00 65,450.00 63,625.00 58,800.00 6446
31 69,000.00 66,000.00 64,150.00 59,200.00 6447
32 69,600.00 66,550.00 64,675.00 59,600.00 6448
33 70,200.00 67,100.00 65,200.00 60,000.00 6449
34 70,800.00 67,650.00 65,725.00 60,400.00 6450
35 6451
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& above 71,400.00 68,200.00 66,250.00 60,800.00 6452
2024-2025 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE 6453
The school district, with assistance from the Department of 6454
Education, shall consider the teacher's years of service and 6455
license type and determine the corresponding salary for the 6456
retired teacher. After determining the retired teacher's 6457
corresponding salary, the school district may allocate up to one 6458
hundred twenty-five percent (125%) of the amount provided under 6459
the salary schedule for such teacher, as applicable, as salary and 6460
assessment under the program. 6461
* * * 6462
It is the intent of the Legislature that any state funds made 6463
available for salaries of licensed personnel in excess of the 6464
funds paid for such salaries for the 1986-1987 school year shall 6465
be paid to licensed personnel pursuant to a personnel appraisal 6466
and compensation system implemented by the State Board of 6467
Education. The State Board of Education shall have the authority 6468
to adopt and amend rules and regulations as are necessary to 6469
establish, administer and maintain the system. 6470
All teachers employed on a full-time basis shall be paid a 6471
minimum salary in accordance with the above scale. However, no 6472
school district shall receive any funds under this section for any 6473
school year during which the local supplement paid to any 6474
individual teacher shall have been reduced to a sum less than that 6475
paid to that individual teacher for performing the same duties 6476
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from local supplement during the immediately preceding school 6477
year. The amount actually spent for the purposes of group health 6478
and/or life insurance shall be considered as a part of the 6479
aggregate amount of local supplement but shall not be considered a 6480
part of the amount of individual local supplement. 6481
The level of professional training of each teacher to be used 6482
in establishing the salary for the teacher for each year shall be 6483
determined by the type of valid teacher's license issued to that 6484
teacher on or before October 1 of the current school year. 6485
However, school districts are authorized, in their discretion, to 6486
negotiate the salary levels applicable to licensed employees who 6487
are receiving retirement benefits from the retirement system of 6488
another state. 6489
(2) (a) The following employees shall receive an annual 6490
salary supplement in the amount of Six Thousand Dollars 6491
($6,000.00), plus fringe benefits, in addition to any other 6492
compensation to which the employee may be entitled: 6493
(i) Any licensed teacher or retired teacher 6494
employed by a school district under the authority of Section 6495
25-11-126 who has met the requirements and acquired a Master 6496
Teacher certificate from the National Board for Professional 6497
Teaching Standards and who is employed by a local school board or 6498
the State Board of Education as a teacher and not as an 6499
administrator. Such teacher shall submit documentation to the 6500
State Department of Education that the certificate was received 6501
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prior to October 15 in order to be eligible for the full salary 6502
supplement in the current school year, or the teacher shall submit 6503
such documentation to the State Department of Education prior to 6504
February 15 in order to be eligible for a prorated salary 6505
supplement beginning with the second term of the school year. 6506
(ii) A licensed nurse who has met the requirements 6507
and acquired a certificate from the National Board for 6508
Certification of School Nurses, Inc., and who is employed by a 6509
local school board or the State Board of Education as a school 6510
nurse and not as an administrator. The licensed school nurse 6511
shall submit documentation to the State Department of Education 6512
that the certificate was received before October 15 in order to be 6513
eligible for the full salary supplement in the current school 6514
year, or the licensed school nurse shall submit the documentation 6515
to the State Department of Education before February 15 in order 6516
to be eligible for a prorated salary supplement beginning with the 6517
second term of the school year. 6518
(iii) Any licensed school counselor who has met 6519
the requirements and acquired a National Certified School 6520
Counselor (NCSC) endorsement from the National Board of Certified 6521
Counselors and who is employed by a local school board or the 6522
State Board of Education as a counselor and not as an 6523
administrator. Such licensed school counselor shall submit 6524
documentation to the State Department of Education that the 6525
endorsement was received prior to October 15 in order to be 6526
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eligible for the full salary supplement in the current school 6527
year, or the licensed school counselor shall submit such 6528
documentation to the State Department of Education prior to 6529
February 15 in order to be eligible for a prorated salary 6530
supplement beginning with the second term of the school year. 6531
However, any school counselor who started the National Board for 6532
Professional Teaching Standards process for school counselors 6533
between June 1, 2003, and June 30, 2004, and completes the 6534
requirements and acquires the Master Teacher certificate shall be 6535
entitled to the master teacher supplement, and those counselors 6536
who complete the process shall be entitled to a one-time 6537
reimbursement for the actual cost of the process as outlined in 6538
paragraph (b) of this subsection. 6539
(iv) Any licensed speech-language pathologist and 6540
audiologist who has met the requirements and acquired a 6541
Certificate of Clinical Competence from the American 6542
Speech-Language-Hearing Association and any certified academic 6543
language therapist (CALT) who has met the certification 6544
requirements of the Academic Language Therapy Association and who 6545
is employed by a local school board. The licensed speech-language 6546
pathologist and audiologist and certified academic language 6547
therapist shall submit documentation to the State Department of 6548
Education that the certificate or endorsement was received before 6549
October 15 in order to be eligible for the full salary supplement 6550
in the current school year, or the licensed speech-language 6551
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pathologist and audiologist and certified academic language 6552
therapist shall submit the documentation to the State Department 6553
of Education before February 15 in order to be eligible for a 6554
prorated salary supplement beginning with the second term of the 6555
school year. 6556
(v) Any licensed athletic trainer who has met the 6557
requirements and acquired Board Certification for the Athletic 6558
Trainer from the Board of Certification, Inc., and who is employed 6559
by a local school board or the State Board of Education as an 6560
athletic trainer and not as an administrator. The licensed 6561
athletic trainer shall submit documentation to the State 6562
Department of Education that the certificate was received before 6563
October 15 in order to be eligible for the full salary supplement 6564
in the current school year, or the licensed athletic trainer shall 6565
submit the documentation to the State Department of Education 6566
before February 15 in order to be eligible for a prorated salary 6567
supplement beginning with the second term of the school year. 6568
(b) An employee shall be reimbursed for the actual cost 6569
of completing each component of acquiring the certificate or 6570
endorsement, excluding any costs incurred for postgraduate 6571
courses, not to exceed Five Hundred Dollars ($500.00) for each 6572
component, not to exceed four (4) components, for a teacher, 6573
school counselor or speech-language pathologist and audiologist, 6574
regardless of whether or not the process resulted in the award of 6575
the certificate or endorsement. A local school district or any 6576
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private individual or entity may pay the cost of completing the 6577
process of acquiring the certificate or endorsement for any 6578
employee of the school district described under paragraph (a), and 6579
the State Department of Education shall reimburse the school 6580
district for such cost, regardless of whether or not the process 6581
resulted in the award of the certificate or endorsement. If a 6582
private individual or entity has paid the cost of completing the 6583
process of acquiring the certificate or endorsement for an 6584
employee, the local school district may agree to directly 6585
reimburse the individual or entity for such cost on behalf of the 6586
employee. 6587
(c) All salary supplements, fringe benefits and process 6588
reimbursement authorized under this subsection shall be paid 6589
directly by the State Department of Education to the local school 6590
district and shall be in addition to its allotments from the total 6591
funding formula provided in Sections 37-151-200 through 37-151-215 6592
and not a part thereof in accordance with regulations promulgated 6593
by the State Board of Education. Local school districts shall not 6594
reduce the local supplement paid to any employee receiving such 6595
salary supplement, and the employee shall receive any local 6596
supplement to which employees with similar training and experience 6597
otherwise are entitled. However, an educational employee shall 6598
receive the salary supplement in the amount of Six Thousand 6599
Dollars ($6,000.00) for only one (1) of the qualifying 6600
certifications authorized under paragraph (a) of this subsection. 6601
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No school district shall provide more than one (1) annual salary 6602
supplement under the provisions of this subsection to any one (1) 6603
individual employee holding multiple qualifying national 6604
certifications. 6605
(d) If an employee for whom such cost has been paid, in 6606
full or in part, by a local school district or private individual 6607
or entity fails to complete the certification or endorsement 6608
process, the employee shall be liable to the school district or 6609
individual or entity for all amounts paid by the school district 6610
or individual or entity on behalf of that employee toward his or 6611
her certificate or endorsement. 6612
(3) The following employees shall receive an annual salary 6613
supplement in the amount of Four Thousand Dollars ($4,000.00), 6614
plus fringe benefits, in addition to any other compensation to 6615
which the employee may be entitled: 6616
Effective July 1, 2016, if funds are available for that 6617
purpose, any licensed teacher or retired teacher employed by a 6618
local school district under the authority of Section 25-11-126 who 6619
has met the requirements and acquired a Master Teacher Certificate 6620
from the National Board for Professional Teaching Standards and 6621
who is employed in a public school district located in one (1) of 6622
the following counties: Claiborne, Adams, Jefferson, Wilkinson, 6623
Amite, Bolivar, Coahoma, Leflore, Quitman, Sharkey, Issaquena, 6624
Sunflower, Washington, Holmes, Yazoo and Tallahatchie. The salary 6625
supplement awarded under the provisions of this subsection (3) 6626
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shall be in addition to the salary supplement awarded under the 6627
provisions of subsection (2) of this section. 6628
Teachers who meet the qualifications for a salary supplement 6629
under this subsection (3) who are assigned for less than one (1) 6630
full year or less than full time for the school year shall receive 6631
the salary supplement in a prorated manner, with the portion of 6632
the teacher's assignment to the critical geographic area to be 6633
determined as of June 15th of the school year. 6634
(4) (a) This subsection shall be known and may be cited as 6635
the "Mississippi Performance-Based Pay (MPBP)" plan. In addition 6636
to the minimum base pay described in this section, only if funds 6637
are available for that purpose, the State of Mississippi may 6638
provide monies from state funds to school districts for the 6639
purposes of rewarding licensed teachers, administrators and 6640
nonlicensed personnel at individual schools showing improvement in 6641
student test scores. The MPBP plan shall be developed by the 6642
State Department of Education based on the following criteria: 6643
(i) It is the express intent of this legislation 6644
that the MPBP plan shall utilize only existing standards of 6645
accreditation and assessment as established by the State Board of 6646
Education. 6647
(ii) To ensure that all of Mississippi's teachers, 6648
administrators and nonlicensed personnel at all schools have equal 6649
access to the monies set aside in this section, the MPBP program 6650
shall be designed to calculate each school's performance as 6651
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determined by the school's increase in scores from the prior 6652
school year. The MPBP program shall be based on a standardized 6653
scores rating where all levels of schools can be judged in a 6654
statistically fair and reasonable way upon implementation. At the 6655
end of each year, after all student achievement scores have been 6656
standardized, the State Department of Education shall implement 6657
the MPBP plan. 6658
(iii) To ensure all teachers cooperate in the 6659
spirit of teamwork, individual schools shall submit a plan to the 6660
local school district to be approved before the beginning of each 6661
school year. The plan shall include, but not be limited to, how 6662
all teachers, regardless of subject area, and administrators will 6663
be responsible for improving student achievement for their 6664
individual school. 6665
(b) The State Board of Education shall develop the 6666
processes and procedures for designating schools eligible to 6667
participate in the MPBP. State assessment results, growth in 6668
student achievement at individual schools and other measures 6669
deemed appropriate in designating successful student achievement 6670
shall be used in establishing MPBP criteria. 6671
(5) (a) If funds are available for that purpose, each 6672
school in Mississippi shall have mentor teachers, as defined by 6673
Sections 37-9-201 through 37-9-213, who shall receive additional 6674
base compensation provided for by the State Legislature in the 6675
amount of One Thousand Dollars ($1,000.00) per each beginning 6676
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teacher that is being mentored. The additional state compensation 6677
shall be limited to those mentor teachers that provide mentoring 6678
services to beginning teachers. For the purposes of such funding, 6679
a beginning teacher shall be defined as any teacher in any school 6680
in Mississippi that has less than one (1) year of classroom 6681
experience teaching in a public school. For the purposes of such 6682
funding, no full-time academic teacher shall mentor more than two 6683
(2) beginning teachers. 6684
(b) To be eligible for this state funding, the 6685
individual school must have a classroom management program 6686
approved by the local school board. 6687
(6) Effective with the 2014-2015 school year, the school 6688
districts participating in the Pilot Performance-Based 6689
Compensation System pursuant to Section 37-19-9 may award 6690
additional teacher and administrator pay based thereon. 6691
SECTION 90. Section 37-181-3, Mississippi Code of 1972, is 6692
amended as follows: 6693
37-181-3. The terms used in this chapter shall have the 6694
meanings ascribed herein, unless the context clearly indicates 6695
otherwise: 6696
(a) "ESA program" means the Education Scholarship 6697
Account (ESA) program created in this chapter as a categorically 6698
funded program administered by the fund manager under the 6699
Mississippi Education Freedom Act. 6700
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(b) "Eligible student" means any student who has had an 6701
active Individualized Education Program (IEP) or Individualized 6702
Service Plan (ISP) within the past three (3) years and has 6703
maintained eligibility. 6704
(c) "Participating student" means any student who meets 6705
the qualifications of an eligible student as defined in paragraph 6706
(b) of this section and is participating in an ESA program at an 6707
eligible school. 6708
(d) "Parent" means a resident of this state who is a 6709
parent, legal guardian, custodian or other person with the 6710
authority to act on behalf of the eligible student. 6711
(e) "Department" means the State Department of 6712
Education. 6713
(f) "Home school district" means the public school 6714
district in which the student resides. 6715
(g) "Eligible school" means a state-accredited special 6716
purpose school, a state-accredited nonpublic school, or a 6717
nonpublic school located in the state that has enrolled a 6718
participating student and is providing services for the 6719
participating student's disability or special education needs, or 6720
is providing services addressing a participating student's IEP or 6721
ISP. An eligible school does not include a home instruction 6722
program under Section 37-13-91 * * *. 6723
(h) "Tutor" means a person who is certified or licensed 6724
by a state, regional, or national certification, licensing, or 6725
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accreditation organization or who has earned a valid teacher's 6726
license or who has experience teaching at an eligible 6727
postsecondary institution. 6728
(i) "Postsecondary institution" means a community 6729
college, college, or university accredited by a state, regional or 6730
national accrediting organization. 6731
(j) "Educational service provider" means an eligible 6732
school, tutor * * * or other person or organization that provides 6733
education-related services and products to participating students. 6734
(k) "Awarded ESA school year" means the duration of the 6735
school year in which ESA program funds are deposited in a 6736
student's ESA. 6737
(l) Nothing in this section shall negate federal law 6738
requiring public school districts to identify and provide services 6739
to students with disabilities who live within the public school 6740
district, including those enrolled in nonpublic schools or home 6741
instruction programs. 6742
(m) An eligible school shall provide notice to a 6743
participating student's home school district when the eligible 6744
student enrolls in the eligible school with an ESA. Furthermore, 6745
a public school district providing special education services to a 6746
participating student enrolled in an eligible school shall be 6747
reimbursed by the eligible school, or parent or guardian who 6748
submitted the ESA application, fair market value for any special 6749
education services rendered to the eligible student in an amount 6750
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not to exceed the amount of ESA funds reimbursed to the eligible 6751
student during the awarded ESA school year. 6752
(n) "Fund manager" means the Mississippi Office of the 6753
State Treasurer. 6754
SECTION 91. Section 37-181-5, Mississippi Code of 1972, is 6755
amended as follows: 6756
37-181-5. (1) An eligible student shall qualify to 6757
participate in the ESA program if the parent or guardian signs an 6758
agreement promising: 6759
(a) To provide an organized, appropriate educational 6760
program with measurable annual goals to their participating 6761
student and to provide an education for the participating student 6762
in at least the subjects of reading, grammar, mathematics, social 6763
studies and science; 6764
(b) To document their participating student's 6765
disability at intervals and in a manner required under subsection 6766
(8) of this section; 6767
(c) Not to enroll their participating student in a 6768
public school and to acknowledge as part of the agreement that the 6769
eligible school has provided clear notice to the parent or 6770
guardian that the participating student has no individual 6771
entitlement to a free appropriate public education (FAPE) from 6772
their home school district, including special education and 6773
related services, for as long as the student is participating in 6774
the ESA program; 6775
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(d) Not to file for their participating student a 6776
certificate of enrollment indicating participation in a home 6777
instruction program under Section 37-13-91 * * *; and 6778
(e) Not to participate in the Mississippi Dyslexia 6779
Therapy Scholarship for Students with Dyslexia Program or the 6780
Mississippi Speech-Language Therapy Scholarship for Students with 6781
Speech-Language Impairments Program while participating in the ESA 6782
program. 6783
(2) A certified educational assistance organization(s) 6784
(CEAO), at the direction of the parents or guardians shall use the 6785
funds deposited in a participating student's ESA for any of the 6786
following qualifying expenses, which shall be incurred within the 6787
awarded ESA school year, to educate the student using any of the 6788
below methods or combination of methods that meet the requirement 6789
in subsection (1)(a) of this section: 6790
(a) Tuition and/or academic fees at an eligible school; 6791
(b) Textbooks related to academic coursework; 6792
(c) Payment to a tutor, as defined in Section 6793
37-181-3(h); 6794
(d) Payment for purchase of curriculum, including any 6795
supplemental materials required by the curriculum; 6796
(e) Fees for nationally standardized norm-referenced 6797
achievement tests, including alternate assessments; and fees for 6798
Advanced Placement examinations or similar courses and any 6799
examinations related to college or university admission; 6800
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(f) Educational services or therapies from a licensed 6801
or certified practitioner or provider, including licensed or 6802
certified paraprofessionals or educational aides; 6803
(g) Tuition and fees related to dual enrollment at a 6804
postsecondary institution; 6805
(h) Textbooks related to academic coursework at a 6806
postsecondary institution; 6807
(i) Surety bond payments if required by the department; 6808
(j) No more than Fifty Dollars ($50.00) in annual 6809
consumable school supplies necessary for educational services and 6810
therapies, daily classroom activities, and tutoring; 6811
(k) Computer hardware and software and other 6812
technological devices if an eligible school, licensed or certified 6813
tutor, licensed or certified educational service practitioner or 6814
provider, or licensed medical professional verifies in writing 6815
that these items are essential for the student to meet annual, 6816
measurable educational and academic goals or goals within the 6817
scope of the eligible student's IEP. Once a student is no longer 6818
participating in the ESA program, computer hardware and software 6819
and other technological devices purchased with ESA funds shall be 6820
donated to a public school or public library. Qualifying expenses 6821
for computer hardware and software include only those expenses 6822
incurred within the awarded ESA school year * * *; and 6823
(l) Fees charged by a certified educational assistance 6824
organization(s) (CEAO) to administer the accounts. 6825
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* * * 6826
( * * *3) Neither a participating student, nor anyone on the 6827
student's behalf, may receive cash or cash-equivalent items, such 6828
as gift cards or store credit, from any refunds or rebates from 6829
any provider of services or products in the ESA program. Any 6830
refunds or rebates shall be credited directly to the participating 6831
student's ESA. The funds in an ESA may only be used for 6832
education-related purposes as defined in this chapter. 6833
( * * *4) (a) Eligible schools, postsecondary institutions 6834
and educational service providers that serve participating 6835
students shall provide the parent or guardian who submitted the 6836
ESA program application with an original itemized receipt, 6837
including the service provider's name and address, for all 6838
qualifying expenses. The parent or guardian who submitted the ESA 6839
application shall provide the original itemized receipt to 6840
the * * * fund manager. 6841
(b) In lieu of providing the parent or guardian who 6842
submitted the ESA program application with an original itemized 6843
receipt, the eligible schools, postsecondary institutions and 6844
educational service providers may provide to the * * * fund 6845
manager an original itemized receipt approved and signed off on by 6846
the parent or guardian who submitted the ESA application, 6847
including the service provider's name and address, for all 6848
qualifying expenses. 6849
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( * * *5) Payment for educational services through an ESA 6850
shall not preclude parents or guardians from paying for 6851
educational services using non-ESA funds. 6852
( * * *6) For purposes of continuity of educational 6853
attainment, students who enroll in the ESA program shall remain 6854
eligible to receive * * * monthly ESA payments until the 6855
participating student returns to a public school, completes high 6856
school, completes the school year in which the student reaches the 6857
age of twenty-one (21), or does not have eligibility verified by a 6858
parent or guardian as required under subsection (8) of this 6859
section, whichever occurs first. Any interest or other earnings 6860
attributable to unexpended funds within a participating student's 6861
Magnolia Student Account shall be credited to a student's account 6862
on a quarterly basis until such time that the student is deemed no 6863
longer eligible for participation in the program as determined 6864
under the provisions of Section 37-190-19, at which time any 6865
remaining funds shall revert to the Education Freedom Fund as 6866
prescribed under that section. 6867
( * * *7) Any funds remaining in a student's Education 6868
Scholarship Account upon completion of high school shall * * * 6869
remain accessible to the student for the period prescribed in 6870
Section 37-190-15(2)(f), and a failure to adhere to those 6871
provisions shall result in the student's ESA being closed and any 6872
remaining monies shall be forfeited to the credit of the Education 6873
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Freedom Fund established in the State Treasury under Section 6874
37-190-17. 6875
( * * *8) Every three (3) years after initial enrollment in 6876
the ESA program, a parent or guardian of a participating student, 6877
except a student diagnosed as being a person with a permanent 6878
disability, shall document that the student continues to be 6879
identified by the school district, a federal or state government 6880
agency, or a licensed physician or psychometrist as a child with a 6881
disability, as defined by the federal Individuals with 6882
Disabilities Education Act (20 USCS Section 1401(3)). 6883
( * * *9) An eligible student shall be allowed to return to 6884
his home school district at any time after enrolling in the ESA 6885
program, in compliance with regulations adopted by the department 6886
providing for the least disruptive process for doing so. Upon the 6887
participating student's return to his or her home school district, 6888
the student's Education Scholarship Account shall be closed and 6889
any remaining funds shall be distributed to the student's home 6890
school district at the end of the awarded ESA school year. 6891
(10) Each quarter, any interest or other earnings 6892
attributable to undisbursed money held by a certified educational 6893
assistance organization for purposes of this program shall be 6894
remitted to the fund manager for deposit in the Education Freedom 6895
Fund established under Section 37-190-23. 6896
SECTION 92. Section 37-181-7, Mississippi Code of 1972, is 6897
amended as follows: 6898
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37-181-7. (1) New enrollment in the ESA program created in 6899
this chapter shall be * * * available to all eligible students, as 6900
defined in Section 37-181-3. Subject to appropriation from the 6901
General Fund, each student's ESA shall be funded at * * * the 6902
student base amount as determined under Section 37-151-203, and 6903
shall increase or decrease by the same proportion as the student 6904
base amount under Section 37-151-203 is increased or decreased. 6905
Beginning with the 2027-2028 school year and for each subsequent 6906
year, an additional Two Thousand Dollars ($2,000.00) above the 6907
base student cost for the applicable school year for eligible 6908
students. 6909
(2) Subject to appropriation, eligible students shall be 6910
approved for participation in the ESA program as follows: 6911
(a) Students shall be approved on a first-come, 6912
first-served basis, with applications being reviewed on a rolling 6913
basis; and 6914
* * * 6915
( * * *b) Participating students who remain eligible 6916
for the ESA program are automatically approved for participation 6917
for the following year * * *. 6918
(3) No funds for an ESA may be expended from the total 6919
funding formula funds provided in this chapter, nor shall any 6920
school district be required to provide funding for an ESA. 6921
SECTION 93. Section 37-181-9, Mississippi Code of 1972, is 6922
amended as follows: 6923
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37-181-9. (1) The * * * fund manager shall create a 6924
standard form that parents or guardians of students submit to 6925
establish their student's eligibility for an Education Scholarship 6926
Account. The * * * fund manager shall ensure that the application 6927
is readily available to interested families through various 6928
sources, including the department's and the Mississippi Office of 6929
the State Treasurer's websites and the copy of procedural 6930
safeguards annually given to parents or guardians. * * * 6931
(2) The department and the fund manager shall provide 6932
parents or guardians of participating students with a written 6933
explanation of the allowable uses of Education Scholarship 6934
Accounts, the responsibilities of parents and the duties of 6935
the * * * fund manager. This information shall also be made 6936
available on the department's and the Mississippi Office of the 6937
State Treasurer's websites. 6938
(3) The fund manager shall require the department * * * to 6939
annually notify all students with an IEP of the existence of the 6940
ESA program and shall ensure that lower-income families are made 6941
aware of their potential eligibility. 6942
(4) The * * * fund manager * * * shall receive an annual 6943
appropriation for the costs of overseeing the funds and 6944
administering the ESA program, which such funds may also be used 6945
to cover up to three percent (3%) of the cost assessed by a 6946
certified educational assistance origination (CEAO) with whom the 6947
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fund manager has entered a contractual agreement to administer the 6948
program and ensure compliance with state regulations. 6949
(5) (a) The * * * fund manager shall make a determination 6950
of eligibility, and shall approve the application, within 6951
twenty-one (21) business days of receiving an application for 6952
participation in the ESA program, subject to the provisions of 6953
Section 37-181-3(b). Upon approval of a student's application for 6954
eligibility, the fund manager shall facilitate the creation of an 6955
individual ESA for the newly approved student. 6956
(b) The fund manager shall require the department shall 6957
provide for a procedure that children with a ruling of hearing 6958
impairment or children suspected of a hearing loss shall receive a 6959
comprehensive educational assessment which may include the areas 6960
of cognitive development, language/speech, audiological and 6961
academic achievement from the state-funded Mississippi Assistance 6962
Center for Hearing Loss. Children with a ruling of visual 6963
impairment or children suspected of a visual impairment shall 6964
receive a comprehensive low vision evaluation from the 6965
state-funded Low Vision Clinic. 6966
(6) The home school district shall provide the parent or 6967
guardian of a participating student with a complete copy of the 6968
student's school records, while complying with the Family 6969
Educational Rights and Privacy Act of 1974 (20 USCS Section 6970
1232(g)). The record shall be provided no later than thirty (30) 6971
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days after a parent signs an agreement to participate in the ESA 6972
program. 6973
SECTION 94. Section 37-181-11, Mississippi Code of 1972, is 6974
amended as follows: 6975
37-181-11. (1) To ensure that funds are spent 6976
appropriately, the * * * fund manager shall adopt rules and 6977
policies necessary for the administration of the ESA program, 6978
including the auditing of Education Scholarship Accounts, and 6979
shall conduct or contract for random audits throughout the year. 6980
(2) (a) The * * * fund manager shall develop a system for 6981
payment of benefits, including, but not limited to, allowing 6982
educational service providers to invoice the * * * fund manager 6983
for qualified expenses consistent with Section 37-181-5(2), or 6984
allowing the parent or guardian who submitted the ESA program 6985
application to seek reimbursement for qualified expenses 6986
consistent with Section 37-181-5(2). 6987
(b) The * * * certified educational assistance 6988
organization(s) (CEAO) or vendors, at the direction of the parents 6989
or guardians, may make payments to educational service 6990
providers * * * via check or warrant or electronic funds transfer 6991
or any other means of payment deemed to be commercially viable or 6992
cost-effective. 6993
(c) The * * * fund manager may also establish by rule 6994
that some payments to educational service providers will be made 6995
on a * * * monthly basis, rather than an annual basis, if the 6996
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educational services will be rendered over an extended period of 6997
time. 6998
(3) The * * * fund manager shall adopt a process for 6999
removing educational service providers that defraud parents and 7000
for referring cases of fraud to law enforcement. 7001
* * * 7002
SECTION 95. Section 37-181-15, Mississippi Code of 1972, is 7003
amended as follows: 7004
37-181-15. * * * To ensure that students are treated fairly 7005
and kept safe, all eligible schools shall: 7006
(a) Comply with the nondiscrimination policies set 7007
forth in 42 USCS 1981; 7008
(b) Prior to a participating student's application for 7009
enrollment, provide parents or guardians with details of the 7010
school's programs, record of student achievement, qualifications, 7011
experience, capacities to serve students with special needs, and 7012
capacity to serve the participating student within the scope of 7013
their IEP; 7014
(c) Comply with all health and safety laws or codes 7015
that apply to nonpublic schools; 7016
(d) Hold a valid occupancy permit if required by their 7017
municipality; 7018
(e) Have no public record of fraud or malfeasance; 7019
(f) Require participating students to take a 7020
pre-assessment at the beginning of the school year and a 7021
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post-assessment at the end of the school year. The eligible 7022
school shall have the option to select their current assessment 7023
used to demonstrate academic progress, a nationally standardized 7024
norm-referenced achievement test, or a current state 7025
board-approved screener; 7026
(g) Notify a parent or guardian applying for the ESA 7027
program that the parent or guardian waives the right of the 7028
participating student to an individual entitlement to a free and 7029
appropriate public education (FAPE) from their home school 7030
district, including special education and related services, for as 7031
long as the student is participating in the ESA program; 7032
(h) Conduct criminal background checks on employees 7033
and: 7034
(i) Exclude from employment any person not 7035
permitted by state law to work in a nonpublic school; and 7036
(ii) Exclude from employment any person who might 7037
reasonably pose a threat to the safety of students; and 7038
(i) An eligible school shall certify to the department 7039
upon enrollment of a participating student that the eligible 7040
school shall provide services for the participating student's 7041
disability or special education needs, or shall provide services 7042
addressing a participating student's IEP. Such certification must 7043
be received by the department before the ESA is reimbursed to an 7044
eligible student. 7045
* * * 7046
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SECTION 96. Section 37-181-17, Mississippi Code of 1972, is 7047
amended as follows: 7048
37-181-17. (1) An eligible nonpublic school is autonomous 7049
and not an agent of the state or federal government and therefore: 7050
(a) The State Department of Education, Mississippi 7051
Office of the State Treasurer, acting in the capacity as fund 7052
manager or any other government agency shall not regulate the 7053
educational program of a nonpublic school, postsecondary 7054
institution or educational service provider that accepts funds 7055
from the parent or guardian of a participating student beyond the 7056
requirements of the ESA program as promulgated in this chapter; 7057
(b) The creation of the Education Scholarship Account 7058
program does not expand the regulatory authority of the state, its 7059
officers, or any school district to impose any additional 7060
regulation of nonpublic schools, postsecondary institutions or 7061
educational service providers beyond those necessary to enforce 7062
the requirements of the ESA program; and 7063
(c) Eligible schools, postsecondary institutions and 7064
educational service providers shall be given the maximum freedom 7065
to provide for the educational needs of their students without 7066
governmental control. No eligible school, postsecondary 7067
institution or educational service provider shall be required to 7068
alter its creed, practices, admission policies or curriculum in 7069
order to accept participating students. 7070
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(2) Eligible schools, or the parent or guardian who 7071
submitted the ESA application, must submit student performance 7072
data to the State Department of Education at the end of the school 7073
year, including the individual results of the pre-assessment and 7074
post-assessment required in Section 37-181-15(f). The department 7075
shall develop a uniformed reporting format for eligible schools to 7076
use when submitting assessment results. 7077
(3) In any legal proceeding challenging the application of 7078
this chapter to an eligible school, postsecondary institution or 7079
educational service provider the state bears the burden of 7080
establishing that the law is necessary and does not impose any 7081
undue burden on the eligible school, postsecondary institution or 7082
educational service provider. 7083
SECTION 97. Section 37-181-19, Mississippi Code of 1972, is 7084
amended as follows: 7085
37-181-19. (1) The * * * Mississippi Office of the State 7086
Treasurer in its capacity as fund manager may receive and expend 7087
contributions from any public or private source to fund ESAs for 7088
participating students. 7089
(2) The fund manager may enter into a contractual agreement 7090
with a certified educational assistance organization(s) (CEAO) or 7091
vendors to administer the ESA program and ensure compliance with 7092
state regulations. 7093
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SECTION 98. Sections 98 through 105 of this act shall be 7094
known and cited as the "Aeronautics, Geospatial, Engineering, 7095
Nursing, and Technical Skills (AGENTS) of Excellence Program Act". 7096
SECTION 99. The purpose of Aeronautics, Geospatial, 7097
Engineering, Nursing, and Technical Skills (AGENTS) of Excellence 7098
Program Act is to establish the AGENTS of Excellence Program to: 7099
(a) Create specialized, regional academic programs for 7100
students in Grades 9 through 12, focused on high-demand 7101
disciplines, including: 7102
(i) Aeronautics; 7103
(ii) Geospatial studies; 7104
(iii) Engineering; 7105
(iv) Nursing; or 7106
(v) Technical skills, trades and workforce 7107
development through credentialing and certification; 7108
(b) Improve workforce readiness and postsecondary 7109
educational outcomes for students; 7110
(c) Serve as on-campus schools modeled after the 7111
Mississippi School for Mathematics and Science, established in 7112
Section 37-139-1 et seq., and the Mississippi School of the Arts 7113
established in Section 37-140-1 et seq., offering rigorous 7114
academics and career-oriented training; and 7115
(d) Enhance access to advanced education for 7116
underserved student populations by providing residential boarding 7117
options, subject to funding. 7118
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SECTION 100. As used in this act, the following terms have 7119
the meaning herein ascribed, unless the context of use clearly 7120
requires otherwise: 7121
(a) "Boards" means: 7122
(i) The Mississippi Community College Board of 7123
Education, vested with authority under Section 37-4-1 et seq.; and 7124
(ii) The Board of Trustees of State Institutions 7125
of Higher Learning, vested with authority under Section 37-101-1 7126
et seq. 7127
(b) "Eligible students" means any student who resides 7128
within the geographical boundaries of this state and enrolled in 7129
Grades 9 through 12, whether in a public or nonpublic school. 7130
(c) "Host institution" means a qualifying state 7131
institution of higher learning or community or junior college 7132
selected by the respective governing board to serve as the 7133
early-college high school or charter school for eligible students. 7134
(d) "Program" means the Aeronautics, Geospatial, 7135
Engineering, Nursing, and Technical Skills (AGENTS) of Excellence 7136
Program established under this act. 7137
SECTION 101. (1) The Aeronautics, Geospatial, Engineering, 7138
Nursing, and Technical Skills (AGENTS) of Excellence Program shall 7139
be jointly governed and administered by the Mississippi Community 7140
College Board and the Board of Trustees of State Institutions of 7141
Higher Learning, and shall oversee the development and 7142
implementation of on-campus early-college high schools or charter 7143
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schools that emphasize curriculum on aeronautics, geospatial, 7144
engineering, nursing or technical skills, trades and workforce 7145
development which optimize credentialing and certification or any 7146
combination thereof. 7147
(2) To solicit, encourage and guide the development of 7148
quality early-college high schools, the Mississippi Community 7149
College Board and the Board of Trustees of State Institutions of 7150
Higher Learning shall each issue and publicize a request for 7151
proposals to each of its member postsecondary educational 7152
institutions before December 1, 2026. The boards' requests for 7153
proposals must include the following: 7154
(a) A clear statement of any preferences the boards 7155
wish to grant to applicants intended to help underserved students; 7156
(b) A description of the performance framework that the 7157
respective boards have developed for early-college high school or 7158
charter school oversight and evaluation; 7159
(c) The criteria that will guide the boards decisions 7160
to approve or deny applications of its member postsecondary 7161
educational institutions; and 7162
(d) A clear statement of appropriately detailed 7163
questions, as well as guidelines, concerning the format and 7164
content essential for applicants to demonstrate the capacities 7165
necessary to establish and operate a successful early-college high 7166
school or charter school. 7167
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(3) In addition to all other requirements, the request for 7168
proposals must require applications to provide or describe 7169
thoroughly all of the following mandatory elements of the proposed 7170
school plan: 7171
(a) An executive summary; 7172
(b) The mission and vision of the proposed 7173
early-college high school or charter school, including 7174
identification of the targeted student population; 7175
(c) Minimum, planned and maximum enrollment per grade 7176
per year; 7177
(f) Evidence of need and community support for the 7178
proposed early-college high school or charter school; 7179
(g) The host institution's proposed calendar, including 7180
the proposed opening and closing dates for the school term, and a 7181
sample daily schedule. The school must be kept in session no less 7182
than the minimum number of school days established for traditional 7183
public schools in Section 37-13-63; 7184
(h) A description of the host institution's academic 7185
programs and associated curriculum; 7186
(i) A description of the host institution's 7187
instructional design, including the type of learning environment, 7188
class size and structure, curriculum overview and teaching 7189
methods; 7190
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(j) The host institution's plan for using internal and 7191
external assessments to measure and report student progress on the 7192
performance framework developed by the host institution; 7193
(k) The host institution's plan for identifying and 7194
successfully serving students with disabilities (including all of 7195
the proposed policies pursuant to the Individuals with 7196
Disabilities Education Improvement Act of 2004, 20 USCS Section 7197
1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 7198
USCS Section 794, and Title 11 of the Americans with Disabilities 7199
Act, 42 USCS Section 12101 et seq., and the school's procedures 7200
for securing and providing evaluations and related services 7201
pursuant to federal law), students who are English language 7202
learners, students who require academic remediation and gifted 7203
students; 7204
(l) A description of cocurricular or extracurricular 7205
programs and how those programs will be funded and delivered; 7206
(m) Plans and timelines for student recruitment and 7207
enrollment, including policies and procedures that ensure that 7208
every student has an equal opportunity to be considered for 7209
enrollment through the use of an equitable, randomized, 7210
transparent and impartial lottery process, so that students are 7211
accepted in a host institution's early-college high school or 7212
charter school without regard to disability, income level, race, 7213
religion or national origin; 7214
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(n) The host institution's student discipline policies, 7215
including those for special education students; 7216
(o) A staffing chart for the early-college high school 7217
or charter school's first year, and a staffing plan for subsequent 7218
years of operation; 7219
(p) The host institution's leadership and teacher 7220
employment policies, including performance evaluation plans; 7221
(q) Proposed governing bylaws; 7222
(r) Explanations of any partnerships or contractual 7223
relationships central to the early-college high school or charter 7224
school's operations or mission; 7225
(s) The host institution's plans for providing 7226
transportation, food service and all other significant operational 7227
or ancillary services; 7228
(t) A detailed school start-up plan, identifying tasks, 7229
timelines and responsible individuals; 7230
(u) A description of the host institution's financial 7231
plans and policies, including financial controls and audit 7232
requirements; and 7233
(v) A disclosure of all sources of private funding and 7234
all funds from foreign sources, including gifts from foreign 7235
governments, foreign legal entities and domestic entities 7236
affiliated with either foreign governments or foreign legal 7237
entities. For the purposes of this paragraph, the term "foreign" 7238
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means a country or jurisdiction outside of any state or territory 7239
of the United States. 7240
The boards shall have independent and exclusive autonomy to 7241
promulgate rules and regulations necessary for the operation, 7242
funding and governance of the AGENTS of Excellence Program by 7243
member postsecondary educational institutions approved by the 7244
appropriate board to serve as a host institution. If the boards' 7245
advertisements of requests for proposals is charter 7246
school-focused, each board shall act as the authorizer for the 7247
school, notwithstanding any provision to the contrary under the 7248
Mississippi Charter Schools Act of 2013, established under Section 7249
37-28-1 et seq. 7250
(4) The boards may utilize the staff of their respective 7251
organizations, State Department of Education and other state 7252
agencies as may be required for the implementation of this 7253
section. The department may employ any personnel deemed necessary 7254
by the boards for assisting in the development and implementation 7255
of the plan relating to the implementation, operation and funding 7256
the program. The boards may also contract or enter into 7257
agreements with other agencies or private entities deemed 7258
necessary to carry out the duties and functions relating to the 7259
opening and operation of early-college high schools or charter 7260
schools on the campus of an approved postsecondary educational 7261
institution. 7262
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(5) To the extent possible, the boards shall enter into 7263
agreements with each host institution for the dual enrollment of 7264
eligible students attending the program. The boards may develop 7265
and issue necessary regulations for the coordination of such 7266
courses for these students and the preparation and transfer of 7267
transcripts upon completion and graduation. 7268
(6) Host institutions shall: 7269
(a) Allocate space within existing facilities or 7270
construct appropriate facilities for classrooms, laboratories, and 7271
optional residential housing for students selected to participate 7272
in the AGENTS of Excellence Program; and 7273
(b) Employ the requisite number of licensed teachers, 7274
administrators, staff and certified instructors with specific 7275
subject matter credentials in the content areas and subsidiary 7276
courses offered at each host institution to meet academic and 7277
operational requirements. 7278
(7) Host institutions are encouraged to establish 7279
partnerships with local businesses, industries and educational 7280
organizations to provide mentorship, internships and career 7281
development opportunities for students to: 7282
(a) Establish minimum standards governing annual 7283
increases in the academic performance indicators that are agreed 7284
upon with the board and each respective host institution; 7285
(b) No later than thirty (30) days following the 7286
initial start of the school year, conduct ongoing assessments of 7287
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student performance enrolled in the program, including an initial 7288
baseline assessment of knowledge and skills in each grade level 7289
and academic content area in which instruction is provided; 7290
(c) Establish data-driven instructional programs; 7291
(d) Provide curriculum that is aligned with state 7292
academic standards for college and career readiness; 7293
(e) Develop appropriate educational goals for each 7294
student and offer differentiated instruction to meet the needs of 7295
all students; 7296
(f) Provide academic support and interventions, 7297
including tutoring and other appropriate educational assistance, 7298
that are targeted for students who perform below proficiency 7299
standards on an academic performance indicator; 7300
(g) Provide for a minimum of instructional hours as 7301
applicable, which may include any of the following: 7302
(i) An extended school day; 7303
(ii) An extended school year; 7304
(iii) A minimum of four (4) weeks of summer 7305
school; and 7306
(iv) Saturday instructional classes; 7307
(h) Provide programs to improve professional 7308
development programs for administrators, teachers and support 7309
professionals that focus on communication centered upon students' 7310
academic and career goals; 7311
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(i) Formulate and implement programs designed to 7312
improve the learning environment and school culture, which shall 7313
include measures to ensure the safety of students and staff, and 7314
may include the following: 7315
(i) Positive behavioral supports; 7316
(ii) Professional development; and 7317
(iii) Coordination with community partners. 7318
SECTION 102. (1) Enrollment in the Aeronautics, Geospatial, 7319
Engineering, Nursing, and Technical Skills (AGENTS) of Excellence 7320
Program shall be open on a first-come, first-served basis to 7321
students in Grades 9 through 12. Priority shall be given to 7322
low-income students attending schools or enrolled in school 7323
districts with low academic performance as determined by Section 7324
37-17-6. 7325
(2) The program shall offer a rigorous academic curriculum 7326
and specialized focus areas which, at a minimum, shall include: 7327
(a) Aeronautics and aviation technology; 7328
(b) Geospatial technologies and geographic information 7329
systems (GIS); 7330
(c) Engineering and robotics; 7331
(d) Nursing and allied healthcare pathways; 7332
(e) Skilled trades, including welding, coding, 7333
auto-mechanics, HVAC and advanced manufacturing; 7334
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(f) Dual enrollment opportunities with host 7335
institutions shall be provided in accordance with Section 7336
37-15-38; or 7337
(g) Any combination thereof of the preceding 7338
components. 7339
(3) Additionally, the program shall ensure that tutoring, 7340
counseling, and career mentorship shall be available to all 7341
students. 7342
(4) A residential option shall be offered to students 7343
accepted into the program and residing more than thirty (30) miles 7344
from the main campus of the host institution of enrollment, 7345
contingent upon funding. Provided that funding is made available 7346
to facilitate a residential boarding component of the program, 7347
such facilities shall include dormitories, dining services and 7348
staff supervision, adhering to safety standards prescribed under 7349
Section 45-11-101. 7350
SECTION 103. (1) (a) Implementation and operation of the 7351
AGENTS of Excellence Program are contingent upon annual 7352
appropriations by the Legislature to the boards, which shall not 7353
exceed Five Million Dollars ($5,000,000.00) each, for a maximum 7354
aggregate not to exceed Ten Million Dollars ($10,000,000.00) 7355
annually for a period not to exceed five (5) years and an 7356
aggregate program total of Fifty Million Dollars ($50,000,000.00) 7357
to be apportioned equally amongst the boards. 7358
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(2) Joint annual budget estimates shall be prepared by the 7359
Board of Trustees of State Institutions of Higher Learning and the 7360
Mississippi Community College Board, and submitted to the 7361
Legislature. For the operation and support of the program, the 7362
boards or host institutions may receive contributions, donations, 7363
gifts, bequests of money, other forms of financial assistance and 7364
property, equipment, materials or manpower from persons, 7365
foundations, trust funds, corporations, organizations and other 7366
sources, public or private, to be expended and utilized by the 7367
boards in carrying out the AGENTS of Excellence Program. 7368
SECTION 104. (1) The boards shall conduct a study and 7369
prepare an annual written report on the effectiveness of the 7370
program and shall submit the same to the Governor, the 7371
chairpersons of the Education Committees of the House and Senate 7372
and the chairpersons of the Universities and Colleges Committees 7373
of the House and Senate. The report shall include: 7374
(a) Enrollment and demographic data; 7375
(b) Academic and workforce outcomes; and 7376
(c) Financial summaries and funding needs. 7377
(2) A comprehensive program evaluation shall be conducted 7378
every three (3) years to assess effectiveness in improving 7379
academic performance and workforce readiness. 7380
SECTION 105. Prior to the enrollment of students into the 7381
AGENTS of Excellence Program, the Mississippi Community College 7382
Board and the Board of Trustees of State Institutions of Higher 7383
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Learning shall conduct a public meeting at each host institution, 7384
which shall include a presentation on the AGENTS of Excellence 7385
Program, distribution of information materials on the program's 7386
purpose, application process and benefits, and a question and 7387
answer session with parents and community members to address the 7388
implementation of the program. Upon being notified by the State 7389
Department of Education of a proposed meeting date, each school 7390
district within the affected counties of region of impact shall 7391
provide public notice for each community meeting. 7392
SECTION 106. Section 37-13-81, Mississippi Code of 1972, is 7393
brought forward as follows: 7394
37-13-81. There is created the Office of Compulsory School 7395
Attendance Enforcement within the Office of Dropout Prevention of 7396
the State Department of Education. The office shall be 7397
responsible for the administration of a statewide system of 7398
enforcement of the Mississippi Compulsory School Attendance Law 7399
(Section 37-13-91) and for the supervision of school attendance 7400
officers throughout the state. 7401
SECTION 107. Section 37-13-83, Mississippi Code of 1972, is 7402
brought forward as follows: 7403
37-13-83. The State Superintendent of Public Education shall 7404
appoint a director for the Office of Compulsory School Attendance 7405
Enforcement, who shall meet all qualifications established for 7406
school attendance officer supervisors and any additional 7407
qualifications that may be established by the State Superintendent 7408
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of Public Education or State Personnel Board. The director shall 7409
be responsible for the proper administration of the Office of 7410
Compulsory School Attendance Enforcement in conformity with the 7411
Mississippi Compulsory School Attendance Law and any other 7412
regulations or policies that may be adopted by the State Board of 7413
Education. The director shall report directly to the Director of 7414
the Office of Dropout Prevention. 7415
SECTION 108. Section 37-13-85, Mississippi Code of 1972, is 7416
brought forward as follows: 7417
37-13-85. The Office of Compulsory School Attendance 7418
Enforcement shall have the following powers and duties, in 7419
addition to all others imposed or granted by law: 7420
(a) To establish any policies or guidelines concerning 7421
the employment of school attendance officers which serve to 7422
effectuate a uniform system of enforcement under the Mississippi 7423
Compulsory School Attendance Law throughout the state, and to 7424
designate the number of school attendance officers which shall be 7425
employed to serve in each school district area; 7426
(b) To supervise and assist school attendance officer 7427
supervisors in the performance of their duties; 7428
(c) To establish minimum standards for enrollment and 7429
attendance for the state and each individual school district, and 7430
to monitor the success of the state and districts in achieving the 7431
required levels of performance; 7432
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(d) To provide to school districts failing to meet the 7433
established standards for enrollment and attendance assistance in 7434
reducing absenteeism or the dropout rates in those districts; 7435
(e) To establish any qualifications, in addition to 7436
those required under Section 37-13-89, for school attendance 7437
officers as the office deems necessary to further the purposes of 7438
the Mississippi Compulsory School Attendance Law; 7439
(f) To develop and implement a system under which 7440
school districts are required to maintain accurate records that 7441
document enrollment and attendance in such a manner that the 7442
records reflect all changes in enrollment and attendance, and to 7443
require school attendance officers to submit information 7444
concerning public school attendance on a monthly basis to the 7445
office; 7446
(g) To prepare the form of the certificate of 7447
enrollment required under the Mississippi Compulsory School 7448
Attendance Law and to furnish a sufficient number of the 7449
certificates of enrollment to each school attendance officer in 7450
the state; 7451
(h) To provide to the State Board of Education 7452
statistical information concerning absenteeism, dropouts and other 7453
attendance-related problems as requested by the State Board of 7454
Education; 7455
(i) To provide for the certification of school 7456
attendance officers; 7457
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(j) To provide for a course of training and education 7458
for school attendance officers, and to require successful 7459
completion of the course as a prerequisite to certification by the 7460
office as school attendance officers; 7461
(k) To adopt any guidelines or policies the office 7462
deems necessary to effectuate an orderly transition from the 7463
supervision of school attendance officers by district attorneys to 7464
the supervision by the school attendance officer supervisors; 7465
(l) Beginning on July 1, 1998, to require school 7466
attendance officer supervisors to employ persons employed by 7467
district attorneys before July 1, 1998, as school attendance 7468
officers without requiring such persons to submit an application 7469
or interview for employment with the State Department of 7470
Education; 7471
(m) To adopt policies or guidelines linking the duties 7472
of school attendance officers to the appropriate courts, law 7473
enforcement agencies and community service providers; and 7474
(n) To adopt any other policies or guidelines that the 7475
office deems necessary for the enforcement of the Mississippi 7476
Compulsory School Attendance Law; however, the policies or 7477
guidelines shall not add to or contradict with the requirements of 7478
Section 37-13-91. 7479
SECTION 109. Section 37-13-87, Mississippi Code of 1972, is 7480
brought forward as follows: 7481
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37-13-87. (1) The Director of the Office of Compulsory 7482
School Attendance Enforcement shall employ three (3) school 7483
attendance officer supervisors, each to maintain an office within 7484
a different Supreme Court district. Each supervisor shall be 7485
responsible for the enforcement of the Mississippi Compulsory 7486
School Attendance Law within his district and shall exercise 7487
direct supervision over the school attendance officers in the 7488
district. The supervisors, who shall report to the director of 7489
the office, shall assist the school attendance officers in the 7490
performance of their duties as established by law or otherwise. 7491
(2) No person having less than eight (8) years combined 7492
actual experience as a school attendance officer, school teacher, 7493
school administrator, law enforcement officer possessing a college 7494
degree with a major in a behavioral science or a related field, 7495
and/or social worker in the state shall be employed as a school 7496
attendance officer supervisor. Further, a school attendance 7497
officer supervisor shall possess a college degree with a major in 7498
a behavioral science or a related field or shall have actual 7499
experience as a school teacher, school administrator, law 7500
enforcement officer possessing such degree or social worker; 7501
however, these requirements shall not apply to persons employed as 7502
school attendance officers before January 1, 1987. School 7503
attendance officers shall meet any additional 7504
qualificationsestablished by the State Personnel Board for school 7505
attendance officers or school attendance officer supervisors. The 7506
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school attendance officer supervisors shall receive an annual 7507
salary to be set by the State Superintendent of Public Education, 7508
subject to the approval of the State Personnel Board. 7509
SECTION 110. Section 37-13-89, Mississippi Code of 1972, is 7510
brought forward as follows: 7511
37-13-89. (1) In each school district within the state, 7512
there shall be employed the number of school attendance officers 7513
determined by the Office of Compulsory School Attendance 7514
Enforcement to be necessary to adequately enforce the provisions 7515
of the Mississippi Compulsory School Attendance Law; however, this 7516
number shall not exceed one hundred fifty-three (153) school 7517
attendance officers at any time. From and after July 1,1998, all 7518
school attendance officers employed pursuant to this section shall 7519
be employees of the State Department of Education. The State 7520
Department of Education shall employ all persons employed as 7521
school attendance officers by district attorneys before July 1, 7522
1998, and shall assign them to school attendance responsibilities 7523
in the school district in which they were employed before July 1, 7524
1998. The first twelve (12) months of employment for each school 7525
attendance officer shall be the probationary period of state 7526
service. 7527
(2) (a) The State Department of Education shall obtain 7528
current criminal records background checks and current child abuse 7529
registry checks on all persons applying for the position of school 7530
attendance officer after July 2, 2002. The criminal records 7531
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information and registry checks must be kept on file for any new 7532
hires. In order to determine an applicant's suitability for 7533
employment as a school attendance officer, the applicant must be 7534
fingerprinted. If no disqualifying record is identified at the 7535
state level, the Department of Public Safety shall forward the 7536
fingerprints to the Federal Bureau of Investigation (FBI) for a 7537
national criminal history record check. The applicant shall pay 7538
the fee, not to exceed Fifty Dollars ($50.00), for the 7539
fingerprinting and criminal records background check; however, the 7540
State Department of Education, in its discretion, may pay the fee 7541
for the fingerprinting and criminal records background check on 7542
behalf of any applicant. Under no circumstances may a member of 7543
the State Board of Education, employee of the State Department of 7544
Education or any person other than the subject of the criminal 7545
records background check disseminate information received through 7546
any such checks except insofar as required to fulfill the purposes 7547
of this subsection. 7548
(b) If the fingerprinting or criminal records check 7549
discloses a felony conviction, guilty plea or plea of nolo 7550
contendere to a felony of possession or sale of drugs, murder, 7551
manslaughter, armed robbery, rape, sexual battery, sex offense 7552
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 7553
burglary, gratification of lust or aggravated assault which has 7554
not been reversed on appeal or for which a pardon has not been 7555
granted, the applicant is not eligible to be employed as a school 7556
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attendance officer. Any employment of an applicant pending the 7557
results of the fingerprinting and criminal records check is 7558
voidable if the new hire receives a disqualifying criminal records 7559
check. However, the State Board of Education, in its discretion, 7560
may allow an applicant aggrieved by an employment decision under 7561
this subsection to appear before the board, or before a hearing 7562
officer designated for that purpose, to show mitigating 7563
circumstances that may exist and allow the new hire to be employed 7564
as a school attendance officer. The State Board of Education may 7565
grant waivers for mitigating circumstances, which may include, but 7566
are not necessarily limited to: 7567
(i) Age at which the crime was committed; 7568
(ii) Circumstances surrounding the crime; 7569
(iii) Length of time since the conviction and 7570
criminal history since the conviction; 7571
(iv) Work history; 7572
(v) Current employment and character references; 7573
and 7574
(vi) Other evidence demonstrating the ability of 7575
the person to perform the responsibilities of a school attendance 7576
officer competently and that the person does not pose a threat to 7577
the health or safety of children. 7578
(c) A member of the State Board of Education or 7579
employee of the State Department of Education may not be held 7580
liable in any employment discrimination suit in which an 7581
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allegation of discrimination is made regarding an employment 7582
decision authorized under this section. 7583
(3) Each school attendance officer shall possess a college 7584
degree with a major in a behavioral science or a related field or 7585
shall have no less than three (3) years combined actual experience 7586
as a school teacher, school administrator, law enforcement officer 7587
possessing such degree, and/or social worker; however, these 7588
requirements shall not apply to persons employed as school 7589
attendance officers before January 1, 1987. School attendance 7590
officers also shall satisfy any additional requirements that may 7591
be established by the State Personnel Board for the position of 7592
school attendance officer. 7593
(4) It shall be the duty of each school attendance officer 7594
to: 7595
(a) Cooperate with any public agency to locate and 7596
identify all compulsory-school-age children who are not attending 7597
school; 7598
(b) Cooperate with all courts of competent 7599
jurisdiction; 7600
(c) Investigate all cases of nonattendance and unlawful 7601
absences by compulsory-school-age children not enrolled in a 7602
nonpublic school; 7603
(d) Provide appropriate counseling to encourage all 7604
school-age children to attend school until they have completed 7605
high school; 7606
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(e) Attempt to secure the provision of social or 7607
welfare services that may be required to enable any child to 7608
attend school; 7609
(f) Contact the home or place of residence of a 7610
compulsory-school-age child and any other place in which the 7611
officer is likely to find any compulsory-school-age child when the 7612
child is absent from school during school hours without a valid 7613
written excuse from school officials, and when the child is found, 7614
the officer shall notify the parents and school officials as to 7615
where the child was physically located; 7616
(g) Contact promptly the home of each 7617
compulsory-school-age child in the school district within the 7618
officer's jurisdiction who is not enrolled in school or is not in 7619
attendance at public school and is without a valid written excuse 7620
from school officials; if no valid reason is found for the 7621
nonenrollment or absence from the school, the school attendance 7622
officer shall give written notice to the parent, guardian or 7623
custodian of the requirement for the child's enrollment or 7624
attendance; 7625
(h) Collect and maintain information concerning 7626
absenteeism, dropouts and other attendance-related problems, as 7627
may be required by law or the Office of Compulsory School 7628
Attendance Enforcement; and 7629
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(i) Perform all other duties relating to compulsory 7630
school attendance established by the State Department of Education 7631
or district school attendance supervisor, or both . 7632
(5) While engaged in the performance of his duties, each 7633
school attendance officer shall carry on his person a badge 7634
identifying him as a school attendance officer under the Office of 7635
Compulsory School Attendance Enforcement of the State Department 7636
of Education and an identification card designed by the State 7637
Superintendent of Public Education and issued by the school 7638
attendance officer supervisor. Neither the badge nor the 7639
identification card shall bear the name of any elected public 7640
official. 7641
(6) The State Personnel Board shall develop a salary scale 7642
for school attendance officers as part of the variable 7643
compensation plan. The various pay ranges of the salary scale 7644
shall be based upon factors including, but not limited to, 7645
education, professional certification and licensure, and number of 7646
years of experience. School attendance officers shall be paid in 7647
accordance with this salary scale. The minimum salaries under the 7648
scale shall be no less than the following: 7649
(a) For school attendance officers holding a bachelor's 7650
degree or any other attendance officer who does not hold such a 7651
degree, the annual salary shall be based on years of experience as 7652
a school attendance officer or related field of service or 7653
employment, no less than as follows: 7654
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Years of Experience Salary 7655
0 - 4 years $24,528.29 7656
5 - 8 years 26,485.29 7657
9 - 12 years 28,050.89 7658
13 - 16 years 29,616.49 7659
Over 17 years 31,182.09 7660
(b) For school attendance officers holding a license as 7661
a social worker, the annual salary shall be based on years of 7662
experience as a school attendance officer or related field of 7663
service or employment, no less than as follows: 7664
Years of Experience Salary 7665
0 - 4 years $25,558.29 7666
5 - 8 years 27,927.29 7667
9 - 12 years 29,822.49 7668
13 - 16 years 31,717.69 7669
17 - 20 years 33,612.89 7670
Over 21 years 35,415.39 7671
(c) For school attendance officers holding a master's 7672
degree in a behavioral science or a related field, the annual 7673
salary shall be based on years of experience as a school 7674
attendance officer or related field of service or employment, no 7675
less than as follows: 7676
Years of Experience Salary 7677
0 - 4 years $26,382.29 7678
5 - 8 years 29,008.79 7679
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9 - 12 years 31,109.99 7680
13 - 16 years 33,211.19 7681
17 - 20 years 35,312.39 7682
Over 21 years 37,413.59 7683
(7) (a) Each school attendance officer employed by a 7684
district attorney on June 30, 1998, who became an employee of the 7685
State Department of Education on July 1, 1998, shall be awarded 7686
credit for personal leave and major medical leave for his 7687
continuous service as a school attendance officer under the 7688
district attorney, and if applicable, the youth or family court or 7689
a state agency. The credit for personal leave shall be in an 7690
amount equal to one-third (1/3) of the maximum personal leave the 7691
school attendance officer could have accumulated had he been 7692
credited with such leave under Section 25-3-93 during his 7693
employment with the district attorney, and if applicable, the 7694
youth or family court or a state agency. The credit for major 7695
medical leave shall be in an amount equal to one-half (1/2) of the 7696
maximum major medical leave the school attendance officer could 7697
have accumulated had he been credited with such leave under 7698
Section 25-3-95 during his employment with the district attorney, 7699
and if applicable, the youth or family court or a state agency. 7700
However, if a district attorney who employed a school attendance 7701
officer on June 30, 1998, certifies, in writing, to the State 7702
Department of Education that the school attendance officer had 7703
accumulated, pursuant to a personal leave policy or major medical 7704
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leave policy lawfully adopted by the district attorney, a number 7705
of days of unused personal leave or major medical leave, or both, 7706
which is greater than the number of days to which the school 7707
attendance officer is entitled under this paragraph, the State 7708
Department of Education shall authorize the school attendance 7709
officer to retain the actual unused personal leave or major 7710
medical leave, or both, certified by the district attorney, 7711
subject to the maximum amount of personal leave and major medical 7712
leave the school attendance officer could have accumulated had he 7713
been credited with such leave under Sections 25-3-93 and 25-3-95. 7714
(b) For the purpose of determining the accrual rate for 7715
personal leave under Section 25-3-93 and major medical leave under 7716
Section 25-3-95, the State Department of Education shall give 7717
consideration to all continuous service rendered by a school 7718
attendance officer before July 1, 1998, in addition to the service 7719
rendered by the school attendance officer as an employee of the 7720
department. 7721
(c) In order for a school attendance officer to be 7722
awarded credit for personal leave and major medical leave or to 7723
retain the actual unused personal leave and major medical leave 7724
accumulated by him before July 1, 1998, the district attorney who 7725
employed the school attendance officer must certify, in writing, 7726
to the State Department of Education the hire date of the school 7727
attendance officer. For each school attendance officer employed 7728
by the youth or family court or a state agency before being 7729
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designated an employee of the district attorney who has not had a 7730
break in continuous service, the hire date shall be the date that 7731
the school attendance officer was hired by the youth or family 7732
court or state agency. The department shall prescribe the date by 7733
which the certification must be received by the department and 7734
shall provide written notice to all district attorneys of the 7735
certification requirement and the date by which the certification 7736
must be received. 7737
(8) (a) School attendance officers shall maintain regular 7738
office hours on a year-round basis; however, during the school 7739
term, on those days that teachers in all of the school districts 7740
served by a school attendance officer are not required to report 7741
to work, the school attendance officer also shall not be required 7742
to report to work. (For purposes of this subsection, a school 7743
district's school term is that period of time identified as the 7744
school term in contracts entered into by the district with 7745
licensed personnel.) A school attendance officer shall be 7746
required to report to work on any day recognized as an official 7747
state holiday if teachers in any school district served by that 7748
school attendance officer are required to report to work on that 7749
day, regardless of the school attendance officer's status as an 7750
employee of the State Department of Education, and compensatory 7751
leave may not be awarded to the school attendance officer for 7752
working during that day. However, a school attendance officer may 7753
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be allowed by the school attendance officer's supervisor to use 7754
earned leave on such days. 7755
(b) The State Department of Education annually shall 7756
designate a period of six (6) consecutive weeks in the summer 7757
between school years during which school attendance officers shall 7758
not be required to report to work. A school attendance officer 7759
who elects to work at any time during that period may not be 7760
awarded compensatory leave for such work and may not opt to be 7761
absent from work at any time other than during the six (6) weeks 7762
designated by the department unless the school attendance officer 7763
uses personal leave or major medical leave accrued under Section 7764
25-3-93 or 25-3-95 for such absence. 7765
(9) The State Department of Education shall provide all 7766
continuing education and training courses that school attendance 7767
officers are required to complete under state law or rules and 7768
regulations of the department. 7769
SECTION 111. Section 37-13-91, Mississippi Code of 1972, is 7770
brought forward as follows: 7771
37-13-91. (1) This section shall be referred to as the 7772
"Mississippi Compulsory School Attendance Law." 7773
(2) The following terms as used in this section are defined 7774
as follows: 7775
(a) "Parent" means the father or mother to whom a child 7776
has been born, or the father or mother by whom a child has been 7777
legally adopted. 7778
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(b) "Guardian" means a guardian of the person of a 7779
child, other than a parent, who is legally appointed by a court of 7780
competent jurisdiction. 7781
(c) "Custodian" means any person having the present 7782
care or custody of a child, other than a parent or guardian of the 7783
child. 7784
(d) "School day" means not less than five and one-half 7785
(5-1/2) and not more than eight (8) hours of actual teaching in 7786
which both teachers and pupils are in regular attendance for 7787
scheduled schoolwork. 7788
(e) "School" means any public school, including a 7789
charter school, in this state or any nonpublic school in this 7790
state which is in session each school year for at least one 7791
hundred eighty (180) school days, except that the "nonpublic" 7792
school term shall be the number of days that each school shall 7793
require for promotion from grade to grade. 7794
(f) "Compulsory-school-age child" means a child who has 7795
attained or will attain the age of six (6) years on or before 7796
September 1 of the calendar year and who has not attained the age 7797
of seventeen (17) years on or before September 1 of the calendar 7798
year; and shall include any child who has attained or will attain 7799
the age of five (5) years on or before September 1 and has 7800
enrolled in a full-day public school kindergarten program. 7801
(g) "School attendance officer" means a person employed 7802
by the State Department of Education pursuant to Section 37-13-89. 7803
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(h) "Appropriate school official" means the 7804
superintendent of the school district, or his designee, or, in the 7805
case of a nonpublic school, the principal or the headmaster. 7806
(i) "Nonpublic school" means an institution for the 7807
teaching of children, consisting of a physical plant, whether 7808
owned or leased, including a home, instructional staff members and 7809
students, and which is in session each school year. This 7810
definition shall include, but not be limited to, private, church, 7811
parochial and home instruction programs. 7812
(3) A parent, guardian or custodian of a 7813
compulsory-school-age child in this state shall cause the child to 7814
enroll in and attend a public school or legitimate nonpublic 7815
school for the period of time that the child is of compulsory 7816
school age, except under the following circumstances: 7817
(a) When a compulsory-school-age child is physically, 7818
mentally or emotionally incapable of attending school as 7819
determined by the appropriate school official based upon 7820
sufficient medical documentation. 7821
(b) When a compulsory-school-age child is enrolled in 7822
and pursuing a course of special education, remedial education or 7823
education for children with physical or mental disadvantages or 7824
disabilities. 7825
(c) When a compulsory-school-age child is being 7826
educated in a legitimate home instruction program. 7827
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The parent, guardian or custodian of a compulsory-school-age 7828
child described in this subsection, or the parent, guardian or 7829
custodian of a compulsory-school-age child attending any charter 7830
school or nonpublic school, or the appropriate school official for 7831
any or all children attending a charter school or nonpublic school 7832
shall complete a "certificate of enrollment" in order to 7833
facilitate the administration of this section. 7834
The form of the certificate of enrollment shall be prepared 7835
by the Office of Compulsory School Attendance Enforcement of the 7836
State Department of Education and shall be designed to obtain the 7837
following information only: 7838
(i) The name, address, telephone number and date 7839
of birth of the compulsory-school-age child; 7840
(ii) The name, address and telephone number of the 7841
parent, guardian or custodian of the compulsory-school-age child; 7842
(iii) A simple description of the type of 7843
education the compulsory-school-age child is receiving and, if the 7844
child is enrolled in a nonpublic school, the name and address of 7845
the school; and 7846
(iv) The signature of the parent, guardian or 7847
custodian of the compulsory-school-age child or, for any or all 7848
compulsory-school-age child or children attending a charter school 7849
or nonpublic school, the signature of the appropriate school 7850
official and the date signed. 7851
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The certificate of enrollment shall be returned to the school 7852
attendance officer where the child resides on or before September 7853
15 of each year. Any parent, guardian or custodian found by the 7854
school attendance officer to be in noncompliance with this section 7855
shall comply, after written notice of the noncompliance by the 7856
school attendance officer, with this subsection within ten (10) 7857
days after the notice or be in violation of this section. 7858
However, in the event the child has been enrolled in a public 7859
school within fifteen (15) calendar days after the first day of 7860
the school year as required in subsection (6), the parent or 7861
custodian may, at a later date, enroll the child in a legitimate 7862
nonpublic school or legitimate home instruction program and send 7863
the certificate of enrollment to the school attendance officer and 7864
be in compliance with this subsection. 7865
For the purposes of this subsection, a legitimate nonpublic 7866
school or legitimate home instruction program shall be those not 7867
operated or instituted for the purpose of avoiding or 7868
circumventing the compulsory attendance law. 7869
(4) An "unlawful absence" is an absence for an entire school 7870
day or during part of a school day by a compulsory-school-age 7871
child, which absence is not due to a valid excuse for temporary 7872
nonattendance. For purposes of reporting absenteeism under 7873
subsection (6) of this section, if a compulsory-school-age child 7874
has an absence that is more than thirty-seven percent (37%) of the 7875
instructional day, as fixed by the school board for the school at 7876
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which the compulsory-school-age child is enrolled, the child must 7877
be considered absent the entire school day. Days missed from 7878
school due to disciplinary suspension shall not be considered an 7879
"excused" absence under this section. This subsection shall not 7880
apply to children enrolled in a nonpublic school. 7881
Each of the following shall constitute a valid excuse for 7882
temporary nonattendance of a compulsory-school-age child enrolled 7883
in a noncharter public school, provided satisfactory evidence of 7884
the excuse is provided to the superintendent of the school 7885
district, or his designee: 7886
(a) An absence is excused when the absence results from 7887
the compulsory-school-age child's attendance at an authorized 7888
school activity with the prior approval of the superintendent of 7889
the school district, or his designee. These activities may 7890
include field trips, athletic contests, student conventions, 7891
musical festivals and any similar activity. 7892
(b) An absence is excused when the absence results from 7893
illness or injury which prevents the compulsory-school-age child 7894
from being physically able to attend school. 7895
(c) An absence is excused when isolation of a 7896
compulsory-school-age child is ordered by the county health 7897
officer, by the State Board of Health or appropriate school 7898
official. 7899
(d) An absence is excused when it results from the 7900
death or serious illness of a member of the immediate family of a 7901
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compulsory-school-age child. The immediate family members of a 7902
compulsory-school-age child shall include children, spouse, 7903
grandparents, parents, brothers and sisters, including 7904
stepbrothers and stepsisters. 7905
(e) An absence is excused when it results from a 7906
medical or dental appointment of a compulsory-school-age child. 7907
(f) An absence is excused when it results from the 7908
attendance of a compulsory-school-age child at the proceedings of 7909
a court or an administrative tribunal if the child is a party to 7910
the action or under subpoena as a witness. 7911
(g) An absence may be excused if the religion to which 7912
the compulsory-school-age child or the child's parents adheres, 7913
requires or suggests the observance of a religious event. The 7914
approval of the absence is within the discretion of the 7915
superintendent of the school district, or his designee, but 7916
approval should be granted unless the religion's observance is of 7917
such duration as to interfere with the education of the child. 7918
(h) An absence may be excused when it is demonstrated 7919
to the satisfaction of the superintendent of the school district, 7920
or his designee, that the purpose of the absence is to take 7921
advantage of a valid educational opportunity such as travel, 7922
including vacations or other family travel. Approval of the 7923
absence must be gained from the superintendent of the school 7924
district, or his designee, before the absence, but the approval 7925
shall not be unreasonably withheld. 7926
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(i) An absence may be excused when it is demonstrated 7927
to the satisfaction of the superintendent of the school district, 7928
or his designee, that conditions are sufficient to warrant the 7929
compulsory-school-age child's nonattendance. However, no absences 7930
shall be excused by the school district superintendent, or his 7931
designee, when any student suspensions or expulsions circumvent 7932
the intent and spirit of the compulsory attendance law. 7933
(j) An absence is excused when it results from the 7934
attendance of a compulsory-school-age child participating in 7935
official organized events sponsored by the 4-H or Future Farmers 7936
of America (FFA). The excuse for the 4-H or FFA event must be 7937
provided in writing to the appropriate school superintendent by 7938
the Extension Agent or High School Agricultural Instructor/FFA 7939
Advisor. 7940
(k) An absence is excused when it results from the 7941
compulsory-school-age child officially being employed to serve as 7942
a page at the State Capitol for the Mississippi House of 7943
Representatives or Senate. 7944
(5) Any parent, guardian or custodian of a 7945
compulsory-school-age child subject to this section who refuses or 7946
willfully fails to perform any of the duties imposed upon him or 7947
her under this section or who intentionally falsifies any 7948
information required to be contained in a certificate of 7949
enrollment, shall be guilty of contributing to the neglect of a 7950
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child and, upon conviction, shall be punished in accordance with 7951
Section 97-5-39. 7952
Upon prosecution of a parent, guardian or custodian of a 7953
compulsory-school-age child for violation of this section, the 7954
presentation of evidence by the prosecutor that shows that the 7955
child has not been enrolled in school within eighteen (18) 7956
calendar days after the first day of the school year of the public 7957
school which the child is eligible to attend, or that the child 7958
has accumulated twelve (12) unlawful absences during the school 7959
year at the public school in which the child has been enrolled, 7960
shall establish a prima facie case that the child's parent, 7961
guardian or custodian is responsible for the absences and has 7962
refused or willfully failed to perform the duties imposed upon him 7963
or her under this section. However, no proceedings under this 7964
section shall be brought against a parent, guardian or custodian 7965
of a compulsory-school-age child unless the school attendance 7966
officer has contacted promptly the home of the child and has 7967
provided written notice to the parent, guardian or custodian of 7968
the requirement for the child's enrollment or attendance. 7969
(6) If a compulsory-school-age child has not been enrolled 7970
in a school within fifteen (15) calendar days after the first day 7971
of the school year of the school which the child is eligible to 7972
attend or the child has accumulated five (5) unlawful absences 7973
during the school year of the public school in which the child is 7974
enrolled, the school district superintendent, or his designee, 7975
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shall report, within two (2) school days or within five (5) 7976
calendar days, whichever is less, the absences to the school 7977
attendance officer. The State Department of Education shall 7978
prescribe a uniform method for schools to utilize in reporting the 7979
unlawful absences to the school attendance officer. The 7980
superintendent, or his designee, also shall report any student 7981
suspensions or student expulsions to the school attendance officer 7982
when they occur. 7983
(7) When a school attendance officer has made all attempts 7984
to secure enrollment and/or attendance of a compulsory-school-age 7985
child and is unable to effect the enrollment and/or attendance, 7986
the attendance officer shall file a petition with the youth court 7987
under Section 43-21-451 or shall file a petition in a court of 7988
competent jurisdiction as it pertains to parent or child. 7989
Sheriffs, deputy sheriffs and municipal law enforcement officers 7990
shall be fully authorized to investigate all cases of 7991
nonattendance and unlawful absences by compulsory-school-age 7992
children, and shall be authorized to file a petition with the 7993
youth court under Section 43-21-451 or file a petition or 7994
information in the court of competent jurisdiction as it pertains 7995
to parent or child for violation of this section. The youth court 7996
shall expedite a hearing to make an appropriate adjudication and a 7997
disposition to ensure compliance with the Compulsory School 7998
Attendance Law, and may order the child to enroll or re-enroll in 7999
school. The superintendent of the school district to which the 8000
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child is ordered may assign, in his discretion, the child to the 8001
alternative school program of the school established pursuant to 8002
Section 37-13-92. 8003
(8) The State Board of Education shall adopt rules and 8004
regulations for the purpose of reprimanding any school 8005
superintendents who fail to timely report unexcused absences under 8006
the provisions of this section. 8007
(9) Notwithstanding any provision or implication herein to 8008
the contrary, it is not the intention of this section to impair 8009
the primary right and the obligation of the parent or parents, or 8010
person or persons in loco parentis to a child, to choose the 8011
proper education and training for such child, and nothing in this 8012
section shall ever be construed to grant, by implication or 8013
otherwise, to the State of Mississippi, any of its officers, 8014
agencies or subdivisions any right or authority to control, 8015
manage, supervise or make any suggestion as to the control, 8016
management or supervision of any private or parochial school or 8017
institution for the education or training of children, of any kind 8018
whatsoever that is not a public school according to the laws of 8019
this state; and this section shall never be construed so as to 8020
grant, by implication or otherwise, any right or authority to any 8021
state agency or other entity to control, manage, supervise, 8022
provide for or affect the operation, management, program, 8023
curriculum, admissions policy or discipline of any such school or 8024
home instruction program. 8025
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SECTION 112. Section 37-13-107, Mississippi Code of 1972, is 8026
brought forward as follows: 8027
37-13-107. (1) Every school attendance officer shall be 8028
required annually to attend and complete a comprehensive course of 8029
training and education which is provided or approved by the Office 8030
of Compulsory School Attendance Enforcement of the State 8031
Department of Education. Attendance shall be required beginning 8032
with the first training seminar conducted after the school 8033
attendance officer is employed as a school attendance officer. 8034
(2) The Office of Compulsory School Attendance Enforcement 8035
shall provide or approve a course of training and education for 8036
school attendance officers of the state. The course shall consist 8037
of at least twelve (12) hours of training per year. The content 8038
of the course of training and when and where it is to be conducted 8039
shall be approved by the office. A certificate of completion 8040
shall be furnished by the State Department of Education to those 8041
school attendance officers who complete the course. Each 8042
certificate shall be made a permanent record of the school 8043
attendance officer supervisor's office where the school attendance 8044
officer is employed. 8045
(3) Upon the failure of any person employed as a school 8046
attendance officer to receive the certificate of completion from 8047
the State Department of Education within the first year of his 8048
employment, the person shall not be allowed to carry out any of 8049
the duties of a school attendance officer and shall not be 8050
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entitled to compensation for the period of time during which the 8051
certificate has not been obtained. 8052
SECTION 113. (1) For purposes of this section, the 8053
following terms shall have the meanings ascribed in this 8054
subsection, unless context of use clearly requires otherwise: 8055
(a) "Assessment requirement" means the statutory or 8056
regulatory requirement under the Elementary and Secondary 8057
Education Act of 1965 (ESEA), as amended by the Every Student 8058
Succeeds Act (ESSA), requiring annual statewide assessments, 8059
including summative assessments, in reading/language arts and 8060
mathematics for students in Grades 3 through 8. 8061
(b) "Board" means the State Board of Education. 8062
(c) "Department" means the State Department of 8063
Education. 8064
(d) "LEA" means a local school district in its role as 8065
the local educational agency. 8066
(d) "SEA" means the State Department of Education in 8067
its role as the state educational agency. 8068
(2) (a) The State Board and the SEA, jointly, shall prepare 8069
and submit to the United States Department of Education a waiver 8070
request under Section 8401 of the ESEA (or any successor 8071
provision), seeking to waive the assessment requirement for 8072
students in Grades 3 through 8 for all or part of the required 8073
assessments, as applicable, for as long as permitted under federal 8074
law. 8075
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(b) The waiver request shall be submitted no later than 8076
March 1, 2026, unless a later date is necessary to satisfy all 8077
federal requirements, in which case the deadline may be adjusted 8078
by rule of the State Board of Education upon a finding that such 8079
extension is necessary. 8080
(3) The waiver request shall include, but not be limited to, 8081
all items required under Section 8401(b) of the ESEA, including: 8082
(a) A clear description of which assessments and 8083
associated statutory or regulatory requirements are to be waived; 8084
(b) A plan for how waiving such assessments will 8085
advance student academic achievement in reading/language arts and 8086
mathematics, especially for historically underserved and 8087
disadvantaged student subgroups; 8088
(c) A description of how the state will monitor and 8089
regularly evaluate the effectiveness of the waiver during the 8090
waiver period, including metrics, alternative assessments or other 8091
indicators; 8092
(d) Assurance that the same student populations 8093
currently served by the assessments will continue to be served 8094
under the waiver; and 8095
(e) Transparent reporting to parents, the public, and 8096
school districts on student achievement, school performance, and 8097
subgroup performance, even during the waiver period. 8098
(4) (a) Before submitting the waiver request, the SEA shall 8099
publish notice of its intent to submit the waiver request in a 8100
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manner customary for such notices, and shall allow reasonable 8101
opportunity for public comment, including from school districts 8102
(LEAs), parents, teachers and other stakeholders. 8103
(b) The SEA shall collect and document all comments 8104
received, respond to them, and include the summary of comments and 8105
responses in the waiver request to the United States Department of 8106
Education. 8107
(5) (a) The SEA shall annually report to the board and to 8108
the Legislature on: 8109
(i) The status of the waiver requests as pending, 8110
approved, denied or extended, etc.; 8111
(ii) Interim findings on the impact of the waiver, 8112
if approved, including student achievement, subgroup performance, 8113
any unintended consequences and comparisons with prior 8114
assessments; and 8115
(iii) Any modifications to instructional, 8116
assessment or accountability practices undertaken to compensate 8117
for the waiver. 8118
(b) The SEA shall ensure that schools and LEAs continue 8119
to meet all other applicable federal and state accountability and 8120
reporting requirements, except those specifically waived. 8121
SECTION 114. Section 25-11-103, Mississippi Code of 1972, is 8122
amended as follows: 8123
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25-11-103. (1) The following words and phrases as used in 8124
Articles 1 and 3, unless a different meaning is plainly required 8125
by the context, have the following meanings: 8126
(a) "Accumulated contributions" means the sum of all 8127
the amounts deducted from the compensation of a member and 8128
credited to his or her individual account in the annuity savings 8129
account, together with regular interest as provided in Section 8130
25-11-123. 8131
(b) "Actuarial cost" means the amount of funds 8132
presently required to provide future benefits as determined by the 8133
board based on applicable tables and formulas provided by the 8134
actuary. 8135
(c) "Actuarial equivalent" means a benefit of equal 8136
value to the accumulated contributions, annuity or benefit, as the 8137
case may be, when computed upon the basis of such mortality tables 8138
as adopted by the board of trustees, and regular interest. 8139
(d) "Actuarial tables" mean such tables of mortality 8140
and rates of interest as adopted by the board in accordance with 8141
the recommendation of the actuary. 8142
(e) "Agency" means any governmental body employing 8143
persons in the state service. 8144
(f) "Average compensation" means, for persons who 8145
became members of the system before March 1, 2026, the average of 8146
the four (4) highest years of earned compensation reported for an 8147
employee in a fiscal or calendar year period, or combination 8148
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thereof that do not overlap, or the last forty-eight (48) 8149
consecutive months of earned compensation reported for an 8150
employee. The four (4) years need not be successive or joined 8151
years of service. "Average compensation" means, for persons who 8152
became members of the system on or after March 1, 2026, the 8153
average of the * * * four (4) highest consecutive years of earned 8154
compensation reported for an employee in a fiscal or calendar year 8155
period, or of the last * * * forty-eight (48) consecutive months 8156
of earned compensation reported for an employee, whichever is 8157
greater. 8158
In computing the average compensation for retirement, 8159
disability or survivor benefits, any amount lawfully paid in a 8160
lump sum for personal leave or major medical leave shall be 8161
included in the calculation to the extent that the amount does not 8162
exceed an amount that is equal to thirty (30) days of earned 8163
compensation and to the extent that it does not cause the 8164
employee's earned compensation to exceed the maximum reportable 8165
amount specified in paragraph (k) of this subsection; however, 8166
this thirty-day limitation shall not prevent the inclusion in the 8167
calculation of leave earned under federal regulations before July 8168
1, 1976, and frozen as of that date as referred to in Section 8169
25-3-99. In computing the average compensation, no amounts shall 8170
be used that are in excess of the amount on which contributions 8171
were required and paid, and no nontaxable amounts paid by the 8172
employer for health or life insurance premiums for the employee 8173
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shall be used. If any member who is or has been granted any 8174
increase in annual salary or compensation of more than eight 8175
percent (8%) retires within twenty-four (24) months from the date 8176
that the increase becomes effective, then the board shall exclude 8177
that part of the increase in salary or compensation that exceeds 8178
eight percent (8%) in calculating that member's average 8179
compensation for retirement purposes. The board may enforce this 8180
provision by rule or regulation. However, increases in 8181
compensation in excess of eight percent (8%) per year granted 8182
within twenty-four (24) months of the date of retirement may be 8183
included in the calculation of average compensation if 8184
satisfactory proof is presented to the board showing that the 8185
increase in compensation was the result of an actual change in the 8186
position held or services rendered, or that the compensation 8187
increase was authorized by the State Personnel Board or was 8188
increased as a result of statutory enactment, and the employer 8189
furnishes an affidavit stating that the increase granted within 8190
the last twenty-four (24) months was not contingent on a promise 8191
or agreement of the employee to retire. Nothing in Section 8192
25-3-31 shall affect the calculation of the average compensation 8193
of any member for the purposes of this article. The average 8194
compensation of any member who retires before July 1, 1992, shall 8195
not exceed the annual salary of the Governor. 8196
(g) "Beneficiary" means any person entitled to receive 8197
a retirement allowance, an annuity or other benefit as provided by 8198
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Articles 1 and 3. The term "beneficiary" may also include an 8199
organization, estate, trust or entity; however, a beneficiary 8200
designated or entitled to receive monthly payments under an 8201
optional settlement based on life contingency or under a statutory 8202
monthly benefit may only be a natural person. In the event of the 8203
death before retirement of any member who became a member of the 8204
system before July 1, 2007, and whose spouse and/or children are 8205
not entitled to a retirement allowance on the basis that the 8206
member has less than four (4) years of membership service credit, 8207
or who became a member of the system on or after July 1, 2007, and 8208
whose spouse and/or children are not entitled to a retirement 8209
allowance on the basis that the member has less than eight (8) 8210
years of membership service credit, and/or has not been married 8211
for a minimum of one (1) year or the spouse has waived his or her 8212
entitlement to a retirement allowance under Section 25-11-114, the 8213
lawful spouse of a member at the time of the death of the member 8214
shall be the beneficiary of the member unless the member has 8215
designated another beneficiary after the date of marriage in 8216
writing, and filed that writing in the office of the executive 8217
director of the board of trustees. No designation or change of 8218
beneficiary shall be made in any other manner. 8219
(h) "Board" means the board of trustees provided in 8220
Section 25-11-15 to administer the retirement system created under 8221
this article. 8222
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(i) "Creditable service" means "prior service," 8223
"retroactive service" and all lawfully credited unused leave not 8224
exceeding the accrual rates and limitations provided in Section 8225
25-3-91 et seq., as of the date of withdrawal from service plus 8226
"membership service" and other service for which credit is 8227
allowable as provided in Section 25-11-109. Except to limit 8228
creditable service reported to the system for the purpose of 8229
computing an employee's retirement allowance or annuity or 8230
benefits provided in this article, nothing in this paragraph shall 8231
limit or otherwise restrict the power of the governing authority 8232
of a municipality or other political subdivision of the state to 8233
adopt such vacation and sick leave policies as it deems necessary. 8234
(j) "Child" means either a natural child of the member, 8235
a child that has been made a child of the member by applicable 8236
court action before the death of the member, or a child under the 8237
permanent care of the member at the time of the latter's death, 8238
which permanent care status shall be determined by evidence 8239
satisfactory to the board. For purposes of this paragraph, a 8240
natural child of the member is a child of the member that is 8241
conceived before the death of the member. 8242
(k) "Earned compensation" means the full amount earned 8243
during a fiscal year by an employee not to exceed the employee 8244
compensation limit set pursuant to Section 401(a)(17) of the 8245
Internal Revenue Code for the calendar year in which the fiscal 8246
year begins and proportionately for less than one (1) year of 8247
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service. Except as otherwise provided in this paragraph, the 8248
value of maintenance furnished to an employee shall not be 8249
included in earned compensation. Earned compensation shall not 8250
include any amounts paid by the employer for health or life 8251
insurance premiums for an employee. Earned compensation shall be 8252
limited to the regular periodic compensation paid, exclusive of 8253
litigation fees, bond fees, performance-based incentive payments, 8254
and other similar extraordinary nonrecurring payments. In 8255
addition, any member in a covered position, as defined by Public 8256
Employees' Retirement System laws and regulations, who is also 8257
employed by another covered agency or political subdivision shall 8258
have the earnings of that additional employment reported to the 8259
Public Employees' Retirement System regardless of whether the 8260
additional employment is sufficient in itself to be a covered 8261
position. In addition, computation of earned compensation shall 8262
be governed by the following: 8263
(i) In the case of constables, the net earnings 8264
from their office after deduction of expenses shall apply, except 8265
that in no case shall earned compensation be less than the total 8266
direct payments made by the state or governmental subdivisions to 8267
the official. 8268
(ii) In the case of chancery or circuit clerks, 8269
the net earnings from their office after deduction of expenses 8270
shall apply as expressed in Section 25-11-123(f)(4). 8271
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(iii) In the case of members of the State 8272
Legislature, all remuneration or amounts paid, except mileage 8273
allowance, shall apply. 8274
(iv) The amount by which an eligible employee's 8275
salary is reduced under a salary reduction agreement authorized 8276
under Section 25-17-5 shall be included as earned compensation 8277
under this paragraph, provided this inclusion does not conflict 8278
with federal law, including federal regulations and federal 8279
administrative interpretations under the federal law, pertaining 8280
to the Federal Insurance Contributions Act or to Internal Revenue 8281
Code Section 125 cafeteria plans. 8282
(v) Compensation in addition to an employee's base 8283
salary that is paid to the employee under the vacation and sick 8284
leave policies of a municipality or other political subdivision of 8285
the state that employs him or her that exceeds the maximums 8286
authorized by Section 25-3-91 et seq. shall be excluded from the 8287
calculation of earned compensation under this article. 8288
(vi) The maximum salary applicable for retirement 8289
purposes before July 1, 1992, shall be the salary of the Governor. 8290
(vii) Nothing in Section 25-3-31 shall affect the 8291
determination of the earned compensation of any member for the 8292
purposes of this article. 8293
(viii) The value of maintenance furnished to an 8294
employee before July 1, 2013, for which the proper amount of 8295
employer and employee contributions have been paid, shall be 8296
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included in earned compensation. From and after July 1, 2013, the 8297
value of maintenance furnished to an employee shall be reported as 8298
earned compensation only if the proper amount of employer and 8299
employee contributions have been paid on the maintenance and the 8300
employee was receiving maintenance and having maintenance reported 8301
to the system as of June 30, 2013. The value of maintenance when 8302
not paid in money shall be fixed by the employing state agency, 8303
and, in case of doubt, by the board of trustees as defined in 8304
Section 25-11-15. 8305
(ix) Except as otherwise provided in this 8306
paragraph, the value of any in-kind benefits provided by the 8307
employer shall not be included in earned compensation. As used in 8308
this subparagraph, "in-kind benefits" shall include, but not be 8309
limited to, group life insurance premiums, health or dental 8310
insurance premiums, nonpaid major medical and personal leave, 8311
employer contributions for social security and retirement, tuition 8312
reimbursement or educational funding, day care or transportation 8313
benefits. 8314
(l) "Employee" means any person legally occupying a 8315
position in the state service, and shall include the employees of 8316
the retirement system created under this article. 8317
(m) "Employer" means the State of Mississippi or any of 8318
its departments, agencies or subdivisions from which any employee 8319
receives his or her compensation. 8320
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(n) "Executive director" means the secretary to the 8321
board of trustees, as provided in Section 25-11-15(9), and the 8322
administrator of the Public Employees' Retirement System and all 8323
systems under the management of the board of trustees. Wherever 8324
the term "Executive Secretary of the Public Employees' Retirement 8325
System" or "executive secretary" appears in this article or in any 8326
other provision of law, it shall be construed to mean the 8327
Executive Director of the Public Employees' Retirement System. 8328
(o) "Fiscal year" means the period beginning on July 1 8329
of any year and ending on June 30 of the next succeeding year. 8330
(p) "Medical board" means the board of physicians or 8331
any governmental or nongovernmental disability determination 8332
service designated by the board of trustees that is qualified to 8333
make disability determinations as provided for in Section 8334
25-11-119. 8335
(q) "Member" means any person included in the 8336
membership of the system as provided in Section 25-11-105. For 8337
purposes of Sections 25-11-103, 25-11-105, 25-11-109, 25-11-111, 8338
25-11-113, 25-11-114, 25-11-115 and 25-11-117, if a member of the 8339
system withdrew from state service and received a refund of the 8340
amount of the accumulated contributions to the credit of the 8341
member in the annuity savings account before July 1, 2007, and the 8342
person reenters state service and becomes a member of the system 8343
again on or after July 1, 2007, and repays all or part of the 8344
amount received as a refund and interest in order to receive 8345
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creditable service for service rendered before July 1, 2007, the 8346
member shall be considered to have become a member of the system 8347
on or after July 1, 2007, subject to the eight-year membership 8348
service requirement, as applicable in those sections. For 8349
purposes of Sections 25-11-103, 25-11-111, 25-11-114 and 8350
25-11-115, if a member of the system withdrew from state service 8351
and received a refund of the amount of the accumulated 8352
contributions to the credit of the member in the annuity savings 8353
account before July 1, 2011, and the person reenters state service 8354
and becomes a member of the system again on or after July 1, 2011, 8355
and repays all or part of the amount received as a refund and 8356
interest in order to receive creditable service for service 8357
rendered before July 1, 2011, the member shall be considered to 8358
have become a member of the system on or after July 1, 2011. If a 8359
member of the system withdrew from state service and received a 8360
refund of the amount of the accumulated contributions to the 8361
credit of the member in the annuity savings account before March 8362
1, 2026, and the person reenters state service and becomes a 8363
member of the system again on or after March 1, 2026, the member 8364
shall be considered to have become a member of the system on or 8365
after March 1, 2026, and may not receive creditable service for 8366
service rendered before March 1, 2026. 8367
(r) "Membership service" means service as an employee 8368
in a covered position rendered while a contributing member of the 8369
retirement system. 8370
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(s) "Position" means any office or any employment in 8371
the state service, or two (2) or more of them, the duties of which 8372
call for services to be rendered by one (1) person, including 8373
positions jointly employed by federal and state agencies 8374
administering federal and state funds. The employer shall 8375
determine upon initial employment and during the course of 8376
employment of an employee who does not meet the criteria for 8377
coverage in the Public Employees' Retirement System based on the 8378
position held, whether the employee is or becomes eligible for 8379
coverage in the Public Employees' Retirement System based upon any 8380
other employment in a covered agency or political subdivision. If 8381
or when the employee meets the eligibility criteria for coverage 8382
in the other position, then the employer must withhold 8383
contributions and report wages from the noncovered position in 8384
accordance with the provisions for reporting of earned 8385
compensation. Failure to deduct and report those contributions 8386
shall not relieve the employee or employer of liability thereof. 8387
The board shall adopt such rules and regulations as necessary to 8388
implement and enforce this provision. 8389
(t) "Prior service" means: 8390
(i) For persons who became members of the system 8391
before July 1, 2007, service rendered before February 1, 1953, for 8392
which credit is allowable under Sections 25-11-105 and 25-11-109, 8393
and which shall allow prior service for any person who is now or 8394
becomes a member of the Public Employees' Retirement System and 8395
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who does contribute to the system for a minimum period of four (4) 8396
years. 8397
(ii) For persons who became members of the system 8398
on or after July 1, 2007, service rendered before February 1, 8399
1953, for which credit is allowable under Sections 25-11-105 and 8400
25-11-109, and which shall allow prior service for any person who 8401
is now or becomes a member of the Public Employees' Retirement 8402
System and who does contribute to the system for a minimum period 8403
of eight (8) years. 8404
(u) "Regular interest" means interest compounded 8405
annually at such a rate as determined by the board in accordance 8406
with Section 25-11-121. 8407
(v) "Retirement allowance" means an annuity for life as 8408
provided in this article, payable each year in twelve (12) equal 8409
monthly installments beginning as of the date fixed by the board. 8410
The retirement allowance shall be calculated in accordance with 8411
Section 25-11-111. However, any spouse who received a spouse 8412
retirement benefit in accordance with Section 25-11-111(d) before 8413
March 31, 1971, and those benefits were terminated because of 8414
eligibility for a social security benefit, may again receive his 8415
or her spouse retirement benefit from and after making application 8416
with the board of trustees to reinstate the spouse retirement 8417
benefit. 8418
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(w) "Retroactive service" means service rendered after 8419
February 1, 1953, for which credit is allowable under Section 8420
25-11-105(b) and Section 25-11-105(k). 8421
(x) "System" means the Public Employees' Retirement 8422
System of Mississippi established and described in Section 8423
25-11-101. 8424
(y) "State" means the State of Mississippi or any 8425
political subdivision thereof or instrumentality of the state. 8426
(z) "State service" means all offices and positions of 8427
trust or employment in the employ of the state, or any political 8428
subdivision or instrumentality of the state, that elect to 8429
participate as provided by Section 25-11-105(f), including the 8430
position of elected or fee officials of the counties and their 8431
deputies and employees performing public services or any 8432
department, independent agency, board or commission thereof, and 8433
also includes all offices and positions of trust or employment in 8434
the employ of joint state and federal agencies administering state 8435
and federal funds and service rendered by employees of the public 8436
schools. Effective July 1, 1973, all nonprofessional public 8437
school employees, such as bus drivers, janitors, maids, 8438
maintenance workers and cafeteria employees, shall have the option 8439
to become members in accordance with Section 25-11-105(b), and 8440
shall be eligible to receive credit for services before July 1, 8441
1973, provided that the contributions and interest are paid by the 8442
employee in accordance with that section; in addition, the county 8443
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or municipal separate school district may pay the employer 8444
contribution and pro rata share of interest of the retroactive 8445
service from available funds. "State service" shall not include 8446
the President of the Mississippi Lottery Corporation and personnel 8447
employed by the Mississippi Lottery Corporation. From and after 8448
July 1, 1998, retroactive service credit shall be purchased at the 8449
actuarial cost in accordance with Section 25-11-105(b). 8450
(aa) "Withdrawal from service" or "termination from 8451
service" means complete severance of employment in the state 8452
service of any member by resignation, dismissal or discharge. 8453
(bb) The masculine pronoun, wherever used, includes the 8454
feminine pronoun. 8455
(2) For purposes of this article, the term "political 8456
subdivision" shall have the meaning ascribed to such term in 8457
Section 25-11-5 and shall also include public charter schools. 8458
SECTION 115. Section 25-11-109, Mississippi Code of 1972, is 8459
brought forward as follows: 8460
25-11-109. (1) Under such rules and regulations as the 8461
board of trustees shall adopt, each person who becomes a member of 8462
this retirement system, as provided in Section 25-11-105, on or 8463
before July 1, 1953, or who became a member of the system before 8464
July 1, 2007, and contributes to the system for a minimum period 8465
of four (4) years, or who became a member of the system on or 8466
after July 1, 2007, and contributes to the system for a minimum 8467
period of eight (8) years, shall receive credit for all state 8468
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service rendered before February 1, 1953. To receive that credit, 8469
the member shall file a detailed statement of all services as an 8470
employee rendered by him in the state service before February 1, 8471
1953. For any member who joined the system after July 1, 1953, 8472
and before July 1, 2007, any creditable service for which the 8473
member is not required to make contributions shall not be credited 8474
to the member until the member has contributed to the system for a 8475
minimum period of at least four (4) years. For any member who 8476
joined the system on or after July 1, 2007, but before March 1, 8477
2026, any creditable service for which the member is not required 8478
to make contributions shall not be credited to the member until 8479
the member has contributed to the system for a minimum period of 8480
at least eight (8) years. 8481
(2) (a) (i) In the computation of creditable service for 8482
service rendered before July 1, 2017, under the provisions of this 8483
article, the total months of accumulative service during any 8484
fiscal year shall be calculated in accordance with the schedule as 8485
follows: ten (10) or more months of creditable service during any 8486
fiscal year shall constitute a year of creditable service; seven 8487
(7) months to nine (9) months inclusive, three-quarters (3/4) of a 8488
year of creditable service; four (4) months to six (6) months 8489
inclusive, one-half (1/2) year of creditable service; one (1) 8490
month to three (3) months inclusive, one-quarter (1/4) of a year 8491
of creditable service. 8492
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(ii) In the computation of creditable service 8493
rendered on or after July 1, 2017, under the provisions of this 8494
article, service credit shall be awarded in monthly increments in 8495
a manner prescribed by regulations of the board. 8496
(b) In no case shall credit be allowed for any period 8497
of absence without compensation except for disability while in 8498
receipt of a disability retirement allowance, nor shall less than 8499
fifteen (15) days of service in any month, or service less than 8500
the equivalent of one-half (1/2) of the normal working load for 8501
the position and less than one-half (1/2) of the normal 8502
compensation for the position in any month, constitute a month of 8503
creditable service, nor shall more than one (1) year of service be 8504
creditable for all services rendered in any one (1) fiscal year; 8505
however, for a school employee, substantial completion of the 8506
legal school term when and where the service was rendered shall 8507
constitute a year of service credit. Any state or local elected 8508
official shall be deemed a full-time employee for the purpose of 8509
creditable service. However, an appointed or elected official 8510
compensated on a per diem basis only shall not be allowed 8511
creditable service for terms of office. 8512
(c) In the computation of any retirement allowance or 8513
any annuity or benefits provided in this article, any fractional 8514
period of service of less than one (1) year shall be taken into 8515
account and a proportionate amount of such retirement allowance, 8516
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annuity or benefit shall be granted for any such fractional period 8517
of service. 8518
(d) (i) In the computation of unused leave for 8519
creditable service authorized in Section 25-11-103, the following 8520
shall govern for members who retire before July 1, 2017: 8521
twenty-one (21) days of unused leave shall constitute one (1) 8522
month of creditable service and in no case shall credit be allowed 8523
for any period of unused leave of less than fifteen (15) days. 8524
The number of months of unused leave shall determine the number of 8525
quarters or years of creditable service in accordance with the 8526
above schedule for membership and prior service. 8527
(ii) In the computation of unused leave for 8528
creditable service authorized in Section 25-11-103, the following 8529
shall govern for members who retire on or after July 1, 2017: 8530
creditable service for unused leave shall be calculated in monthly 8531
increments in which one (1) month of service credit shall be 8532
awarded for each twenty-one (21) days of unused leave, except that 8533
the first fifteen (15) to fifty-seven (57) days of leave shall 8534
constitute three (3) months of service for those who became a 8535
member of the system before July 1, 2017. 8536
(iii) In order for the member to receive 8537
creditable service for the number of days of unused leave under 8538
this paragraph, the system must receive certification from the 8539
governing authority. 8540
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(iv) For anyone who becomes a member of the system 8541
on or after March 1, 2026, no service credit shall be awarded for 8542
unused leave. 8543
(e) For the purposes of this subsection, members of the 8544
system who retire on or after July 1, 2010, shall receive credit 8545
for one-half (1/2) day of leave for each full year of membership 8546
service accrued after June 30, 2010. The amount of leave received 8547
by a member under this paragraph shall be added to the lawfully 8548
credited unused leave for which creditable service is provided 8549
under Section 25-11-103(i). 8550
(f) For the purpose of this subsection, for members of 8551
the system who are elected officers and who retire on or after 8552
July 1, 1987, the following shall govern: 8553
(i) For service before July 1, 1984, the members 8554
shall receive credit for leave (combined personal and major 8555
medical) for service as an elected official before that date at 8556
the rate of thirty (30) days per year. 8557
(ii) For service on and after July 1, 1984, the 8558
member shall receive credit for personal and major medical leave 8559
beginning July 1, 1984, at the rates authorized in Sections 8560
25-3-93 and 25-3-95, computed as a full-time employee. 8561
(iii) If a member is employed in a covered 8562
nonelected position and a covered elected position simultaneously, 8563
that member may not receive service credit for accumulated unused 8564
leave for both positions at retirement for the period during which 8565
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the member was dually employed. During the period during which 8566
the member is dually employed, the member shall only receive 8567
credit for leave as provided for in this paragraph for an elected 8568
official. 8569
(iv) For any elected official who becomes a member 8570
of the system on or after March 1, 2026, no service credit shall 8571
be awarded for leave. 8572
(3) Subject to the above restrictions and to such other 8573
rules and regulations as the board may adopt, the board shall 8574
verify, as soon as practicable after the filing of such statements 8575
of service, the services therein claimed. 8576
(4) Upon verification of the statement of prior service, the 8577
board shall issue a prior service certificate certifying to each 8578
member the length of prior service for which credit shall have 8579
been allowed on the basis of his statement of service. So long as 8580
membership continues, a prior service certificate shall be final 8581
and conclusive for retirement purposes as to such service, 8582
provided that any member may within five (5) years from the date 8583
of issuance or modification of such certificate request the board 8584
of trustees to modify or correct his prior service certificate. 8585
Any modification or correction authorized shall only apply 8586
prospectively. 8587
When membership ceases, such prior service certificates shall 8588
become void. Should the employee again become a member, he shall 8589
enter the system as an employee not entitled to prior service 8590
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credit except as provided in Sections 25-11-105(I), 25-11-113 and 8591
25-11-117. 8592
(5) Creditable service at retirement, on which the 8593
retirement allowance of a member shall be based, shall consist of 8594
the membership service rendered by him since he last became a 8595
member, and also, if he has a prior service certificate that is in 8596
full force and effect, the amount of the service certified on his 8597
prior service certificate. 8598
(6) Any member who served on active duty in the Armed Forces 8599
of the United States, who served in the Commissioned Corps of the 8600
United States Public Health Service before 1972 or who served in 8601
maritime service during periods of hostility in World War II, 8602
shall be entitled to creditable service at no cost for his service 8603
on active duty in the Armed Forces, in the Commissioned Corps of 8604
the United States Public Health Service before 1972 or in such 8605
maritime service, provided he entered state service after his 8606
discharge from the Armed Forces or entered state service after he 8607
completed such maritime service. The maximum period for such 8608
creditable service for all military service as defined in this 8609
subsection (6) shall not exceed four (4) years unless positive 8610
proof can be furnished by such person that he was retained in the 8611
Armed Forces during World War II or in maritime service during 8612
World War II by causes beyond his control and without opportunity 8613
of discharge. The member shall furnish proof satisfactory to the 8614
board of trustees of certification of military service or maritime 8615
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service records showing dates of entrance into active duty service 8616
and the date of discharge. From and after July 1, 1993, no 8617
creditable service shall be granted for any military service or 8618
maritime service to a member who qualifies for a retirement 8619
allowance in another public retirement system administered by the 8620
Board of Trustees of the Public Employees' Retirement System 8621
based, in whole or in part, on such military or maritime service. 8622
In no case shall the member receive creditable service if the 8623
member received a dishonorable discharge from the Armed Forces of 8624
the United States. 8625
(7) (a) Any member of the Public Employees' Retirement 8626
System whose membership service is interrupted as a result of 8627
qualified military service within the meaning of Section 414(u)(5) 8628
of the Internal Revenue Code, and who has received the maximum 8629
service credit available under subsection (6) of this section, 8630
shall receive creditable service for the period of qualified 8631
military service that does not qualify as creditable service under 8632
subsection (6) of this section upon reentering membership service 8633
in an amount not to exceed five (5) years if: 8634
(i) The member pays the contributions he would 8635
have made to the retirement system if he had remained in 8636
membership service for the period of qualified military service 8637
based upon his salary at the time his membership service was 8638
interrupted; 8639
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(ii) The member returns to membership service 8640
within ninety (90) days of the end of his qualified military 8641
service; and 8642
(iii) The employer at the time the member's 8643
service was interrupted and to which employment the member returns 8644
pays the contributions it would have made into the retirement 8645
system for such period based on the member's salary at the time 8646
the service was interrupted. 8647
(b) The payments required to be made in paragraph 8648
(a)(i) of this subsection may be made over a period beginning with 8649
the date of return to membership service and not exceeding three 8650
(3) times the member's qualified military service; however, in no 8651
event shall such period exceed five (5) years. 8652
(c) The member shall furnish proof satisfactory to the 8653
board of trustees of certification of military service showing 8654
dates of entrance into qualified service and the date of discharge 8655
as well as proof that the member has returned to active employment 8656
within the time specified. 8657
(8) Any member of the Public Employees' Retirement System 8658
who became a member of the system before July 1, 2007, and who has 8659
at least four (4) years of membership service credit, or who 8660
became a member of the system on or after July 1, 2007, but before 8661
March 1, 2026, and who has at least eight (8) years of membership 8662
service credit, shall be entitled to receive a maximum of five (5) 8663
years' creditable service for service rendered in another state as 8664
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a public employee of such other state, or a political subdivision, 8665
public education system or other governmental instrumentality 8666
thereof, or service rendered as a teacher in American overseas 8667
dependent schools conducted by the Armed Forces of the United 8668
States for children of citizens of the United States residing in 8669
areas outside the continental United States, provided that: 8670
(a) The member shall furnish proof satisfactory to the 8671
board of trustees of certification of such services from the 8672
state, public education system, political subdivision or 8673
retirement system of the state where the services were performed 8674
or the governing entity of the American overseas dependent school 8675
where the services were performed; and 8676
(b) The member is not receiving or will not be entitled 8677
to receive from the public retirement system of the other state or 8678
from any other retirement plan, including optional retirement 8679
plans, sponsored by the employer, a retirement allowance including 8680
such services; and 8681
(c) The member shall pay to the retirement system on 8682
the date he or she is eligible for credit for such out-of-state 8683
service or at any time thereafter before the date of retirement 8684
the actuarial cost as determined by the actuary for each year of 8685
out-of-state creditable service. The provisions of this 8686
subsection are subject to the limitations of Section 415 of the 8687
Internal Revenue Code and regulations promulgated under that 8688
section. 8689
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(9) Any member of the Public Employees' Retirement System 8690
who became a member of the system before July 1, 2007, and has at 8691
least four (4) years of membership service credit, or who became a 8692
member of the system on or after July 1, 2007, but before March 1, 8693
2026, and has at least eight (8) years of membership service 8694
credit, and who receives, or has received, professional leave 8695
without compensation for professional purposes directly related to 8696
the employment in state service shall receive creditable service 8697
for the period of professional leave without compensation 8698
provided: 8699
(a) The professional leave is performed with a public 8700
institution or public agency of this state, or another state or 8701
federal agency; 8702
(b) The employer approves the professional leave 8703
showing the reason for granting the leave and makes a 8704
determination that the professional leave will benefit the 8705
employee and employer; 8706
(c) Such professional leave shall not exceed two (2) 8707
years during any ten-year period of state service; 8708
(d) The employee shall serve the employer on a 8709
full-time basis for a period of time equivalent to the 8710
professional leave period granted immediately following the 8711
termination of the leave period; 8712
(e) The contributing member shall pay to the retirement 8713
system the actuarial cost as determined by the actuary for each 8714
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year of professional leave. The provisions of this subsection are 8715
subject to the regulations of the Internal Revenue Code 8716
limitations; 8717
(f) Such other rules and regulations consistent 8718
herewith as the board may adopt and in case of question, the board 8719
shall have final power to decide the questions. 8720
Any actively contributing member participating in the School 8721
Administrator Sabbatical Program established in Section 37-9-77 8722
shall qualify for continued participation under this subsection 8723
(9). 8724
(10) Any member of the Public Employees' Retirement System 8725
who became a member of the system before July 1, 2007, and has at 8726
least four (4) years of credited membership service, or who became 8727
a member of the system on or after July 1, 2007, but before March 8728
1, 2026, and has at least eight (8) years of credited membership 8729
service, shall be entitled to receive a maximum of ten (10) years 8730
creditable service for: 8731
(a) Any service rendered as an employee of any 8732
political subdivision of this state, or any instrumentality 8733
thereof, that does not participate in the Public Employees' 8734
Retirement System; or 8735
(b) Any service rendered as an employee of any 8736
political subdivision of this state, or any instrumentality 8737
thereof, that participates in the Public Employees' Retirement 8738
System but did not elect retroactive coverage; or 8739
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(c) Any service rendered as an employee of any 8740
political subdivision of this state, or any instrumentality 8741
thereof, for which coverage of the employee's position was or is 8742
excluded; provided that the member pays into the retirement system 8743
the actuarial cost as determined by the actuary for each year, or 8744
portion thereof, of such service. After a member has made full 8745
payment to the retirement system for all or any part of such 8746
service, the member shall receive creditable service for the 8747
period of such service for which full payment has been made to the 8748
retirement system. 8749
SECTION 116. Section 25-11-111, Mississippi Code of 1972, is 8750
amended as follows: 8751
25-11-111. (a) (1) Any member who became a member of the 8752
system before July 1, 2007, upon withdrawal from service upon or 8753
after attainment of the age of sixty (60) years who has completed 8754
at least four (4) years of membership service, or any member who 8755
became a member of the system before July 1, 2011, upon withdrawal 8756
from service regardless of age who has completed at least 8757
twenty-five (25) years of creditable service, shall be entitled to 8758
receive a retirement allowance, which shall begin on the first of 8759
the month following the date the member's application for the 8760
allowance is received by the board, but in no event before 8761
withdrawal from service. 8762
(2) Any member who became a member of the system on or 8763
after July 1, 2007, * * * upon withdrawal from service upon or 8764
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after attainment of the age of sixty (60) years who has completed 8765
at least eight (8) years of membership service, or any member who 8766
became a member of the system on or after July 1, 2011, * * * upon 8767
withdrawal from service regardless of age who has completed at 8768
least thirty (30) years of creditable service, shall be entitled 8769
to receive a retirement allowance, which shall begin on the first 8770
of the month following the date the member's application for the 8771
allowance is received by the board, but in no event before 8772
withdrawal from service. 8773
* * * 8774
(b) (1) Any member who became a member of the system before 8775
July 1, 2007, whose withdrawal from service occurs before 8776
attaining the age of sixty (60) years who has completed four (4) 8777
or more years of membership service and has not received a refund 8778
of his accumulated contributions, shall be entitled to receive a 8779
retirement allowance, beginning upon his attaining the age of 8780
sixty (60) years, of the amount earned and accrued at the date of 8781
withdrawal from service. The retirement allowance shall begin on 8782
the first of the month following the date the member's application 8783
for the allowance is received by the board, but in no event before 8784
withdrawal from service. 8785
(2) Any member who became a member of the system on or 8786
after July 1, 2007, * * * whose withdrawal from service occurs 8787
before attaining the age of sixty (60) years who has completed 8788
eight (8) or more years of membership service and has not received 8789
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a refund of his accumulated contributions, shall be entitled to 8790
receive a retirement allowance, beginning upon his attaining the 8791
age of sixty (60) years, of the amount earned and accrued at the 8792
date of withdrawal from service. The retirement allowance shall 8793
begin on the first of the month following the date the member's 8794
application for the allowance is received by the board, but in no 8795
event before withdrawal from service. 8796
* * * 8797
(c) Any member in service who has qualified for retirement 8798
benefits may select any optional method of settlement of 8799
retirement benefits by notifying the Executive Director of the 8800
Board of Trustees of the Public Employees' Retirement System in 8801
writing, on a form prescribed by the board, of the option he has 8802
selected and by naming the beneficiary of the option and 8803
furnishing necessary proof of age. The option, once selected, may 8804
be changed at any time before actual retirement or death, but upon 8805
the death or retirement of the member, the optional settlement 8806
shall be placed in effect upon proper notification to the 8807
executive director. 8808
(d) Any member who became a member of the system before July 8809
1, 2011, shall be entitled to an annual retirement allowance which 8810
shall consist of: 8811
(1) A member's annuity, which shall be the actuarial 8812
equivalent of the accumulated contributions of the member at the 8813
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time of retirement computed according to the actuarial table in 8814
use by the system; and 8815
(2) An employer's annuity, which, together with the 8816
member's annuity provided above, shall be equal to two percent 8817
(2%) of the average compensation for each year of service up to 8818
and including twenty-five (25) years of creditable service, and 8819
two and one-half percent (2-1/2%) of the average compensation for 8820
each year of service exceeding twenty-five (25) years of 8821
creditable service. 8822
(3) Any retired member or beneficiary thereof who was 8823
eligible to receive a retirement allowance before July 1, 1991, 8824
and who is still receiving a retirement allowance on July 1, 1992, 8825
shall receive an increase in the annual retirement allowance of 8826
the retired member equal to one-eighth of one percent (1/8 of 1%) 8827
of the average compensation for each year of state service in 8828
excess of twenty-five (25) years of membership service up to and 8829
including thirty (30) years. The maximum increase shall be 8830
five-eighths of one percent (5/8 of 1%). In no case shall a 8831
member who has been retired before July 1, 1987, receive less than 8832
Ten Dollars ($10.00) per month for each year of creditable service 8833
and proportionately for each quarter year thereof. Persons 8834
retired on or after July 1, 1987, shall receive at least Ten 8835
Dollars ($10.00) per month for each year of service and 8836
proportionately for each quarter year thereof reduced for the 8837
option selected. However, such Ten Dollars ($10.00) minimum per 8838
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month for each year of creditable service shall not apply to a 8839
retirement allowance computed under Section 25-11-114 based on a 8840
percentage of the member's average compensation. 8841
(e) Any member who became a member of the system on or after 8842
July 1, 2011, but before March 1, 2026, shall be entitled to an 8843
annual retirement allowance which shall consist of: 8844
(1) A member's annuity, which shall be the actuarial 8845
equivalent of the accumulated contributions of the member at the 8846
time of retirement computed according to the actuarial table in 8847
use by the system; and 8848
(2) An employer's annuity, which, together with the 8849
member's annuity provided above, shall be equal to two percent 8850
(2%) of the average compensation for each year of service up to 8851
and including thirty (30) years of creditable service, and two and 8852
one-half percent (2-1/2%) of average compensation for each year of 8853
service exceeding thirty (30) years of creditable service. 8854
(f) Any member who became a member of the system on or after 8855
July 1, 2011, but before March 1, 2026, upon withdrawal from 8856
service upon or after attaining the age of sixty (60) years who 8857
has completed at least eight (8) years of membership service, or 8858
any such member upon withdrawal from service regardless of age who 8859
has completed at least thirty (30) years of creditable service, 8860
shall be entitled to receive a retirement allowance computed in 8861
accordance with the formula set forth in subsection (e) of this 8862
section. In the case of the retirement of any member who has 8863
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attained age sixty (60) but who has not completed at least thirty 8864
(30) years of creditable service, the retirement allowance shall 8865
be computed in accordance with the formula set forth in subsection 8866
(e) of this section except that the total annual retirement 8867
allowance shall be reduced by an actuarial equivalent factor for 8868
each year of creditable service below thirty (30) years or the 8869
number of years in age that the member is below age sixty-five 8870
(65), whichever is less. 8871
(g) Any member who became a member of the system on or after 8872
March 1, 2026, upon withdrawal from service upon or after 8873
attainment of the age of * * * sixty (60) years who has completed 8874
at least eight (8) years of membership service, * * * or upon 8875
withdrawal from service regardless of age who has completed at 8876
least * * * thirty (30) years of creditable service, shall be 8877
entitled to an annual retirement allowance which shall consist of 8878
a member's annuity, which annuity shall be equal to one percent 8879
(1%) of the average compensation for each year of creditable 8880
service. In the case of the retirement of any member who has 8881
attained the age of * * * sixty (60) but has not completed at 8882
least thirty (30) years of creditable service, the total annual 8883
retirement allowance specified in this subsection (g) shall be 8884
reduced by an actuarial equivalent factor for each year of 8885
creditable service below thirty (30) years or the number of years 8886
in age that the member is below age sixty-five (65), whichever is 8887
less. 8888
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(h) No member, except members excluded by the Age 8889
Discrimination in Employment Act Amendments of 1986 (Public Law 8890
99-592), under either Article 1 or Article 3 in state service 8891
shall be required to retire because of age. 8892
(i) No payment on account of any benefit granted under the 8893
provisions of this section shall become effective or begin to 8894
accrue until January 1, 1953. 8895
(j) (1) A retiree or beneficiary may, on a form prescribed 8896
by and filed with the retirement system, irrevocably waive all or 8897
a portion of any benefits from the retirement system to which the 8898
retiree or beneficiary is entitled. The waiver shall be binding 8899
on the heirs and assigns of any retiree or beneficiary and the 8900
same must agree to forever hold harmless the Public Employees' 8901
Retirement System of Mississippi from any claim to the waived 8902
retirement benefits. 8903
(2) Any waiver under this subsection shall apply only 8904
to the person executing the waiver. A beneficiary shall be 8905
entitled to benefits according to the option selected by the 8906
member at the time of retirement. However, a beneficiary may, at 8907
the option of the beneficiary, execute a waiver of benefits under 8908
this subsection. 8909
(3) The retirement system shall retain in the annuity 8910
reserve account amounts that are not used to pay benefits because 8911
of a waiver executed under this subsection. 8912
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(4) The board of trustees may provide rules and 8913
regulations for the administration of waivers under this 8914
subsection. 8915
SECTION 117. Section 25-11-112, Mississippi Code of 1972, is 8916
brought forward as follows: 8917
25-11-112. (1) Any member who became a member of the system 8918
before March 1, 2026, and is receiving a retirement allowance for 8919
service or disability retirement, or any beneficiary thereof, who 8920
has received a monthly benefit for at least one (1) full fiscal 8921
year, shall be eligible to receive an additional benefit, on 8922
December 1 or July 1 of the year as provided in subsection (3) of 8923
this section, equal to an amount calculated under paragraph (a) or 8924
(b) below: 8925
(a) For any member who became a member of the system 8926
before July 1, 2011, the sum of: 8927
(i) An amount equal to three percent (3%) of the 8928
annual retirement allowance multiplied by the number of full 8929
fiscal years in retirement before the end of the fiscal year in 8930
which the member reaches age fifty-five (55), plus 8931
(ii) An additional amount equal to three percent 8932
(3%) compounded by the number of full fiscal years in retirement 8933
beginning with the fiscal year in which the member reaches age 8934
fifty-five (55), multiplied by the amount of the annual retirement 8935
allowance. 8936
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(b) For any member who became a member of the system on 8937
or after July 1, 2011, but before March 1, 2026, the sum of: 8938
(i) An amount equal to three percent (3%) of the 8939
annual retirement allowance multiplied by the number of full 8940
fiscal years in retirement before the end of the fiscal year in 8941
which the member reaches age sixty (60), plus 8942
(ii) An additional amount equal to three percent 8943
(3%) compounded by the number of full fiscal years in retirement 8944
beginning with the fiscal year in which the member reaches age 8945
sixty (60), multiplied by the amount of the annual retirement 8946
allowance. 8947
(2) The calculation of the beneficiary's additional benefit 8948
under subsection (1)(a) or (b) of this section shall be based on 8949
the member's age and full fiscal years in retirement as if the 8950
member had lived. 8951
(3) (a) The additional benefit provided for under this 8952
section shall be paid in one (1) payment in December of each year 8953
to those persons who are receiving a retirement allowance on 8954
December 1 of that year, unless an election is made under this 8955
subsection. However, if a retiree who is receiving a retirement 8956
allowance that will terminate upon the retiree's death is 8957
receiving the additional benefit in one (1) payment and dies on or 8958
after July 1 but before December 1, the beneficiary designated on 8959
the retirement application, if any, shall receive in a single 8960
payment a fractional part of the additional benefit based on the 8961
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number of months in which a retirement allowance was received 8962
during the fiscal year. Likewise, if a retiree is receiving a 8963
retirement allowance that will terminate upon his or her death in 8964
two (2) to six (6) monthly installments, any remaining payments of 8965
the additional benefit will be paid in a lump sum to the 8966
beneficiary designated on the application, or if none, pursuant to 8967
Section 25-11-117.1(1). Any similar remaining payments of 8968
additional benefits payable under this section to a deceased 8969
beneficiary who was receiving a monthly benefit shall be payable 8970
in accordance with the provisions of Section 25-11-117.1(2). If 8971
the additional monthly benefit is being received in one (1) 8972
payment, the additional benefit shall also be prorated based on 8973
the number of months in which a retirement allowance was received 8974
during the fiscal year when (i) the monthly benefit payable to a 8975
beneficiary terminates due to the expiration of an option, 8976
remarriage or cessation of dependent status or due to the 8977
retiree's return to covered employment, and (ii) the monthly 8978
benefit terminates on or after July 1 and before December 1. The 8979
board may, in its discretion, allow a retired member or a 8980
beneficiary thereof who is receiving the additional annual payment 8981
in the manner provided for in this paragraph to change the manner 8982
in which the additional annual payment is received to that 8983
provided for in paragraph (b) of this subsection if the retired 8984
member or beneficiary submits satisfactory documentation that the 8985
continued receipt of the additional annual payment as provided for 8986
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in this paragraph will cause a financial hardship to the retired 8987
member or beneficiary. 8988
(b) Retired members or beneficiaries thereof who on 8989
July 1, 1999, or July 1 of any fiscal year thereafter, are 8990
receiving a retirement allowance, may elect by an irrevocable 8991
agreement in writing filed in the Office of the Public Employees' 8992
Retirement System no less than thirty (30) days before July 1 of 8993
the appropriate year, to begin receiving the additional benefit 8994
provided for under this section in twelve (12) equal monthly 8995
installments beginning July 1, 1999, or July 1 of any fiscal year 8996
thereafter. This irrevocable agreement shall be binding on the 8997
member and subsequent beneficiaries. Payment of those monthly 8998
installments shall not extend beyond the month in which a 8999
retirement allowance is due and payable. The board may, in its 9000
discretion, allow a retired member or a beneficiary thereof who is 9001
receiving the additional annual payment in the manner provided for 9002
in this paragraph to change the manner in which the additional 9003
annual payment is received to that provided for in paragraph (a) 9004
of this subsection if the retired member or beneficiary submits 9005
satisfactory documentation that the continued receipt of the 9006
additional annual payment as provided for in this paragraph will 9007
cause a financial hardship to the retired member or beneficiary. 9008
(4) The additional payment or payments provided for under 9009
this section are for the fiscal year in which they are paid. 9010
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(5) (a) The amount provided for under subsection (1) 9011
(a)(ii) of this section is calculated using the following formula: 9012
[(1.03)n - 1] x [annual retirement allowance], 9013
where n is the number of full fiscal years in retirement beginning 9014
with the fiscal year in which the member reaches age fifty-five 9015
(55). 9016
(b) The amount provided for under subsection (1)(b)(ii) 9017
of this section is calculated using the following formula: 9018
[(1.03)n - 1] x [annual retirement allowance], 9019
where n is the number of full fiscal years in retirement beginning 9020
with the fiscal year in which the member reaches age sixty (60). 9021
(6) Any retired member or beneficiary thereof who has 9022
previously elected to receive the additional annual payment in 9023
monthly installments may elect, upon application on a form 9024
prescribed by the board of trustees, to have that payment made in 9025
one (1) additional payment each year. This written election must 9026
be filed in the Office of the Public Employees' Retirement System 9027
before June 1, 2000, and shall be effective for the fiscal year 9028
beginning July 1, 2000. 9029
(7) In the event of death of a retired member or a 9030
beneficiary thereof who is receiving the additional annual payment 9031
in two (2) to six (6) monthly installments pursuant to an election 9032
made before July 1, 1999, and who would otherwise be eligible to 9033
receive the additional benefit provided for under this section in 9034
one (1) payment in December of the current fiscal year, any 9035
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remaining amounts shall be paid in a lump sum to the designated 9036
beneficiary. 9037
(8) When a member retires after July 1 and has previously 9038
received a retirement allowance for one or more full fiscal years, 9039
the retired member shall be eligible immediately for the 9040
additional benefit. The additional benefit shall be based on the 9041
current retirement allowance and the number of full fiscal years 9042
in retirement and shall be prorated and paid in monthly 9043
installments based on the number of months a retirement allowance 9044
is paid during the fiscal year. 9045
(9) A member who became a member of the system on or after 9046
March 1, 2026, is not entitled to the additional annual benefit 9047
under this section; however, the Legislature may provide an 9048
additional benefit for a specific year. 9049
SECTION 118. Section 25-11-114, Mississippi Code of 1972, is 9050
amended as follows: 9051
25-11-114. (1) The applicable benefits provided in 9052
subsections (2) and (3) of this section shall be paid to eligible 9053
beneficiaries of any member who became a member of the system 9054
before July 1, 2007, and has completed four (4) or more years of 9055
membership service, or who became a member of the system on or 9056
after July 1, 2007, and has completed eight (8) or more years of 9057
membership service, and who dies before retirement and who has not 9058
filed a Pre-Retirement Optional Retirement Form as provided in 9059
Section 25-11-111. 9060
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(2) (a) The surviving spouse of a member who dies before 9061
retirement shall receive a monthly benefit computed in accordance 9062
with paragraph (d) of this subsection (2) as if the member had 9063
nominated his spouse as beneficiary if: 9064
(i) The member completed the requisite minimum 9065
number of years of membership service to qualify for a retirement 9066
allowance at age sixty (60) * * *; 9067
(ii) The spouse has been married to the member for 9068
not less than one (1) year preceding the death of the member; 9069
(iii) The member has not exercised any other 9070
option. 9071
(b) If, at the time of the member's death, there are no 9072
dependent children, and the surviving spouse, who otherwise would 9073
receive the annuity under this subsection (2), has filed with the 9074
system a signed written waiver of his or her rights to the annuity 9075
and that waiver was in effect at the time of the member's death, a 9076
lump-sum distribution of the deceased member's accumulated 9077
contributions shall be refunded in accordance with Section 9078
25-11-117. 9079
(c) The spouse annuity shall begin on the first day of 9080
the month following the date of the member's death, but in case of 9081
late filing, retroactive payments will be made for a period of not 9082
more than one (1) year. 9083
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(d) The spouse of a member who is eligible to receive a 9084
monthly benefit under paragraph (a) of this subsection (2) shall 9085
receive a benefit for life equal to the higher of the following: 9086
(i) The greater of twenty percent (20%) of the 9087
deceased member's average compensation as defined in Section 9088
25-11-103 at the time of death or Fifty Dollars ($50.00) monthly; 9089
or 9090
(ii) Benefits calculated under Option 2 of Section 9091
25-11-115. The method of calculating the retirement benefits 9092
shall be on the same basis as provided in Section 25-11-111(d), 9093
(e) or (g), as applicable. However, if the member dies before 9094
being qualified for a full, unreduced retirement allowance, then 9095
the benefits shall be reduced by an actuarially determined 9096
percentage or factor based on the lesser of either the number of 9097
years of service credit or the number of years in age required to 9098
qualify for a full, unreduced retirement allowance in Section 9099
25-11-111(d), (e) or (g), as applicable. 9100
(e) The surviving spouse of a deceased member who 9101
previously received spouse retirement benefits under paragraph 9102
(d)(i) of this subsection from and after July 1, 1992, and whose 9103
benefits were terminated before July 1, 2004, because of 9104
remarriage, may again receive the retirement benefits authorized 9105
under paragraph (d)(i) of this subsection by making application 9106
with the board to reinstate those benefits. Any reinstatement of 9107
the benefits shall be prospective only and shall begin after the 9108
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first of the month following the date of the application for 9109
reinstatement, but no earlier than July 1, 2004. From and after 9110
July 1, 2010, any spouse who chose Option 2 from and after July 1, 9111
1992, but before July 1, 2004, where the benefit, although payable 9112
for life, was less than the benefit available under the 9113
calculation in paragraph (d)(i) of this subsection shall have his 9114
or her benefit increased to the amount which provides the greater 9115
benefit. 9116
(3) (a) Subject to the maximum limitation provided in this 9117
paragraph, the member's dependent children each shall receive an 9118
annuity of the greater of ten percent (10%) of the member's 9119
average compensation as defined in Section 25-11-103 at the time 9120
of the death of the member or Fifty Dollars ($50.00) monthly; 9121
however, if there are more than three (3) dependent children, each 9122
dependent child shall receive an equal share of a total annuity 9123
equal to thirty percent (30%) of the member's average 9124
compensation, provided that the total annuity shall not be less 9125
than One Hundred Fifty Dollars ($150.00) per month for all 9126
children. 9127
(b) A child shall be considered to be a dependent child 9128
until marriage, or the attainment of age nineteen (19), whichever 9129
comes first; however, this age limitation shall be extended beyond 9130
age nineteen (19), but in no event beyond the attainment of age 9131
twenty-three (23), as long as the child is a student regularly 9132
pursuing a full-time course of resident study or training in an 9133
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accredited high school, trade school, technical or vocational 9134
institute, junior or community college, college, university or 9135
comparable recognized educational institution duly licensed by a 9136
state. A student child who is receiving a retirement allowance as 9137
of June 30, 2016, whose birthday falls during the school year 9138
(September 1 through June 30) is considered not to reach age 9139
twenty-three (23) until the July 1 following the actual 9140
twenty-third birthday. A full-time course of resident study or 9141
training means a day or evening noncorrespondence course that 9142
includes school attendance at the rate of at least thirty-six (36) 9143
weeks per academic year or other applicable period with a subject 9144
load sufficient, if successfully completed, to attain the 9145
educational or training objective within the period generally 9146
accepted as minimum for completion, by a full-time day student, of 9147
the academic or training program concerned. Any child who is 9148
physically or mentally incompetent, as adjudged by either a 9149
Mississippi court of competent jurisdiction or by the board, shall 9150
receive benefits for as long as the incompetency exists. 9151
(c) If there are more than three (3) dependent 9152
children, upon a child's ceasing to be a dependent child, his 9153
annuity shall terminate and there shall be a redetermination of 9154
the amounts payable to any remaining dependent children. 9155
(d) Annuities payable under this subsection (3) shall 9156
begin the first day of the month following the date of the 9157
member's death or in case of late filing, retroactive payments 9158
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will be made for a period of not more than one (1) year. Those 9159
benefits may be paid to a surviving parent or the lawful custodian 9160
of a dependent child for the use and benefit of the child without 9161
the necessity of appointment as guardian. 9162
(4) (a) Death benefits in the line of duty. Regardless of 9163
the number of years of the member's creditable service, the spouse 9164
and/or the dependent children of an active member who is killed or 9165
dies as a direct result of a physical injury sustained from an 9166
accident or a traumatic event caused by external violence or 9167
physical force occurring in the line of performance of duty shall 9168
qualify, on approval of the board, for a retirement allowance on 9169
the first of the month following the date of death, but in the 9170
case of late filing, retroactive payments will be made for a 9171
period of not more than one (1) year. The spouse shall receive a 9172
retirement allowance for life equal to one-half (1/2) of the 9173
average compensation as defined in Section 25-11-103. In addition 9174
to the retirement allowance for the spouse, or if there is no 9175
surviving spouse, the member's dependent child shall receive a 9176
retirement allowance in the amount of one-fourth (1/4) of the 9177
member's average compensation as defined in Section 25-11-103; 9178
however, if there are two (2) or more dependent children, each 9179
dependent child shall receive an equal share of a total annuity 9180
equal to one-half (1/2) of the member's average compensation. If 9181
there are more than two (2) dependent children, upon a child's 9182
ceasing to be a dependent child, his annuity shall terminate and 9183
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there shall be a redetermination of the amounts payable to any 9184
remaining dependent children. Those benefits shall cease to be 9185
paid for the support and maintenance of each child upon the child 9186
attaining the age of nineteen (19) years; however, the spouse 9187
shall continue to be eligible for the aforesaid retirement 9188
allowance. Those benefits may be paid to a surviving parent or 9189
lawful custodian of the children for the use and benefit of the 9190
children without the necessity of appointment as guardian. Any 9191
spouse who received spouse retirement benefits under this 9192
paragraph (a) from and after April 4, 1984, and whose benefits 9193
were terminated before July 1, 2004, because of remarriage, may 9194
again receive the retirement benefits authorized under this 9195
paragraph (a) by making application with the board to reinstate 9196
those benefits. Any reinstatement of the benefits shall be 9197
prospective only and shall begin after the first of the month 9198
following the date of the application for reinstatement, but not 9199
earlier than July 1, 2004. 9200
(b) A child shall be considered to be a dependent child 9201
until marriage, or the attainment of age nineteen (19), whichever 9202
comes first; however, this age limitation shall be extended beyond 9203
age nineteen (19), but in no event beyond the attainment of age 9204
twenty-three (23), as long as the child is a student regularly 9205
pursuing a full-time course of resident study or training in an 9206
accredited high school, trade school, technical or vocational 9207
institute, junior or community college, college, university or 9208
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comparable recognized educational institution duly licensed by a 9209
state. A student child who is receiving a retirement allowance as 9210
of June 30, 2016, whose birthday falls during the school year 9211
(September 1 through June 30) is considered not to reach age 9212
twenty-three (23) until the July 1 following the actual 9213
twenty-third birthday. A full-time course of resident study or 9214
training means a day or evening noncorrespondence course that 9215
includes school attendance at the rate of at least thirty-six (36) 9216
weeks per academic year or other applicable period with a subject 9217
load sufficient, if successfully completed, to attain the 9218
educational or training objective within the period generally 9219
accepted as minimum for completion, by a full-time day student, of 9220
the academic or training program concerned. Any child who is 9221
physically or mentally incompetent, as adjudged by either a 9222
Mississippi court of competent jurisdiction or by the board, shall 9223
receive benefits for as long as the incompetency exists. 9224
(5) If all the annuities provided for in this section 9225
payable on account of the death of a member terminate before there 9226
has been paid an aggregate amount equal to the member's 9227
accumulated contributions standing to the member's credit in the 9228
annuity savings account at the time of the member's death, the 9229
difference between the accumulated contributions and the aggregate 9230
amount of annuity payments shall be paid to the person that the 9231
member has nominated by written designation duly executed and 9232
filed with the board. If there is no designated beneficiary 9233
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surviving at termination of benefits, the difference shall be 9234
payable under Section 25-11-117.1(1). 9235
(6) Regardless of the number of years of creditable service, 9236
upon the application of a member or employer, any active member 9237
who becomes disabled as a direct result of a physical injury 9238
sustained from an accident or traumatic event caused by external 9239
violence or physical force occurring in the line of performance of 9240
duty, provided that the medical board or other designated 9241
governmental agency after a medical examination certifies that the 9242
member is mentally or physically incapacitated for the further 9243
performance of duty and the incapacity is likely to be permanent, 9244
may be retired by the board of trustees on the first of the month 9245
following the date of filing the application but in no event shall 9246
the retirement allowance begin before the termination of state 9247
service. If a member who has been approved for a retirement 9248
allowance under this subsection does not terminate state service 9249
within ninety (90) days after the approval, the retirement 9250
allowance and the application for the allowance shall be void. 9251
The retirement allowance shall equal the allowance on disability 9252
retirement as provided in Section 25-11-113 but shall not be less 9253
than fifty percent (50%) of average compensation. Line of duty 9254
disability benefits under this section shall be administered in 9255
accordance with the provisions of Section 25-11-113(1)(b), (c), 9256
(d), (e) and (f), (3), (4), (5) and (6). 9257
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(7) For purposes of determining death or disability benefits 9258
under this section, the following shall apply: 9259
(a) Death or permanent and total disability resulting 9260
from a cardiovascular, pulmonary or musculoskeletal condition that 9261
was not a direct result of a physical injury sustained from an 9262
accident or a traumatic event caused by external violence or 9263
physical force occurring in the performance of duty shall be 9264
deemed a natural death or an ordinary disability. 9265
(b) A mental disability based exclusively on employment 9266
duties occurring on an ongoing basis shall be deemed an ordinary 9267
disability. 9268
(8) If the deceased or disabled member has less than four 9269
(4) years of membership service, the average compensation as 9270
defined in Section 25-11-103 shall be the average of all annual 9271
earned compensation in state service for the purposes of benefits 9272
provided in this section. 9273
(9) In case of death or total and permanent disability under 9274
subsection (4) or subsection (6) of this section and before the 9275
board shall consider any application for a retirement allowance, 9276
the employer must certify to the board that the member's death or 9277
disability was a direct result of an accident or a traumatic event 9278
occurring during and as a result of the performance of the regular 9279
and assigned duties of the employee and that the death or 9280
disability was not the result of the willful negligence of the 9281
employee. 9282
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(10) The application for the retirement allowance must be 9283
filed within one (1) year after death of an active member who is 9284
killed in the line of performance of duty or dies as a direct 9285
result of an accident occurring in the line of performance of duty 9286
or traumatic event; but the board of trustees may consider an 9287
application for disability filed after the one-year period if it 9288
can be factually demonstrated to the satisfaction of the board of 9289
trustees that the disability is due to the accident and that the 9290
filing was not accomplished within the one-year period due to a 9291
delayed manifestation of the disability or to circumstances beyond 9292
the control of the member. However, in case of late filing, 9293
retroactive payments will be made for a period of not more than 9294
one (1) year only. 9295
(11) (a) Notwithstanding any other section of this article 9296
and in lieu of any payments to a designated beneficiary for a 9297
refund of contributions under Section 25-11-117, the spouse and/or 9298
children shall be eligible for the benefits payable under this 9299
section, and the spouse may elect, for both the spouse and/or 9300
children, to receive benefits in accordance with either 9301
subsections (2) and (3) or subsection (4) of this section; 9302
otherwise, the contributions to the credit of the deceased member 9303
shall be refunded in accordance with Section 25-11-117. 9304
(b) Notwithstanding any other section of this article, 9305
a spouse who is entitled to receive a monthly benefit under either 9306
subsection (2) or (4) of this section and who is also the named 9307
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beneficiary for a refund of accumulated contributions in the 9308
member's annuity savings account, may, after the death of the 9309
member, elect to receive a refund of accumulated contributions in 9310
lieu of a monthly allowance, provided that there are no dependent 9311
children entitled to benefits under subsection (3) of this 9312
section. 9313
(12) If the member has previously received benefits from the 9314
system to which he was not entitled and has not repaid in full all 9315
amounts payable by him to the system, the annuity amounts 9316
otherwise provided by this section shall be withheld and used to 9317
effect repayment until the total of the withholdings repays in 9318
full all amounts payable by him to the system. 9319
SECTION 119. Section 25-11-115, Mississippi Code of 1972, is 9320
brought forward as follows: 9321
25-11-115. (1) Upon application for superannuation or 9322
disability retirement, any member may elect to receive his or her 9323
benefit in a retirement allowance payable throughout life with no 9324
further payments to anyone at the member's death, except that if 9325
the member's total retirement payments under this article do not 9326
equal the member's total contributions under this article, the 9327
named beneficiary shall receive the difference in cash at the 9328
member's death. Or the member may elect upon retirement, or upon 9329
becoming eligible for retirement, to receive the actuarial 9330
equivalent subject to the provisions of subsection (3) of this 9331
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section of his or her retirement allowance in a reduced retirement 9332
allowance payable throughout life with the provision that: 9333
Option 1. If the retired member dies before he or she has 9334
received in annuity payment the value of the member's annuity 9335
savings account as it was at the time of the member's retirement, 9336
the balance shall be paid to the legal representative or to such 9337
person as the member has nominated by written designation duly 9338
acknowledged and filed with the board; 9339
Option 2. Upon the retired member's death, his or her 9340
reduced retirement allowance shall be continued throughout the 9341
life of, and paid to, such person as the member has nominated by 9342
written designation duly acknowledged and filed with the board of 9343
trustees at the time of his or her retirement; 9344
Option 3. Upon the retired member's death, one-half (1/2) of 9345
his or her reduced retirement allowance shall be continued 9346
throughout the life of, and paid to, such person as the member has 9347
nominated by written designation duly acknowledged and filed with 9348
the board of trustees at the time of his or her retirement, and 9349
the other one-half (1/2) of his or her reduced retirement 9350
allowance to some other designated beneficiary; 9351
Option 4. Upon the retired member's death, three-fourths 9352
(3/4) of his or her reduced retirement allowance, or such other 9353
specified amount, shall be continued throughout the life of, and 9354
paid to, such person as the member has nominated by written 9355
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designation duly acknowledged and filed with the board of trustees 9356
at the time of his or her retirement; 9357
Option 4-A. Upon the retired member's death, one-half (1/2) 9358
of his or her reduced retirement allowance, or such other 9359
specified amount, shall be continued throughout the life of, and 9360
paid to, such person as the member has nominated by written 9361
designation duly acknowledged and filed with the board of trustees 9362
at the time of his or her retirement; 9363
Option 4-B. A reduced retirement allowance shall be 9364
continued throughout the life of the retirant, but with the 9365
further guarantee of payments to the named beneficiary or 9366
beneficiaries for a specified number of years certain. If the 9367
retired member or the last designated beneficiary both die before 9368
receiving all guaranteed payments due, the actuarial equivalent of 9369
the remaining payments shall be paid to the successors of the 9370
retired member under Section 25-11-117.1(1); 9371
Option 6. Any member who became a member of the system 9372
before July 1, 2007, and who has at least twenty-eight (28) years 9373
of creditable service at the time of retirement or who is at least 9374
sixty-three (63) years of age and eligible to retire, may select 9375
the maximum retirement benefit or an optional benefit as provided 9376
in this subsection together with a partial lump-sum distribution. 9377
Any member who became a member of the system on or after July 1, 9378
2007, but before July 1, 2011, and who has at least twenty-eight 9379
(28) years of creditable service at the time of retirement may 9380
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select the maximum retirement benefit or any optional benefit as 9381
provided in this subsection together with a partial lump-sum 9382
distribution. Any member who became a member of the system on or 9383
after July 1, 2011, but before March 1, 2026, and who has at least 9384
thirty-three (33) years of creditable service at the time of 9385
retirement may select the maximum retirement benefit or any 9386
optional benefit as provided in this subsection together with a 9387
partial lump-sum distribution. Any member who became a member of 9388
the system on or after March 1, 2026, shall not be eligible for a 9389
partial lump-sum distribution. The amount of the lump-sum 9390
distribution under this option shall be equal to the maximum 9391
monthly benefit multiplied by twelve (12), twenty-four (24) or 9392
thirty-six (36) as selected by the member. The maximum retirement 9393
benefit shall be actuarially reduced to reflect the amount of the 9394
lump-sum distribution selected and further reduced for any other 9395
optional benefit selected. The annuity and lump-sum distribution 9396
shall be computed to result in no actuarial loss to the system. 9397
The lump-sum distribution shall be made as a single payment 9398
payable at the time the first monthly annuity payment is paid to 9399
the retiree. The amount of the lump-sum distribution shall be 9400
deducted from the member's annuity savings account in computing 9401
what contributions remain at the death of the retiree and/or a 9402
beneficiary. The lump-sum distribution option may be elected only 9403
once by a member upon initial retirement, and may not be elected 9404
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by a retiree, by members applying for a disability retirement 9405
annuity, or by survivors. 9406
(2) No change in the option selected shall be permitted 9407
after the member's death or after the member has received his or 9408
her first retirement check except as provided in subsections (3) 9409
and (4) of this section and in Section 25-11-127. Members who are 9410
pursuing a disability retirement allowance and simultaneously or 9411
later elect to begin to receive a service retirement allowance 9412
while continuing to pursue a disability retirement allowance, 9413
shall not be eligible to select Option 6 and that option may not 9414
be selected at a later time if the application for a disability 9415
retirement allowance is voided or denied. However, any retired 9416
member who is receiving a retirement allowance under Option 2 or 9417
Option 4-A upon July 1, 1992, and whose designated beneficiary 9418
predeceased him or her or whose marriage to a spouse who is his or 9419
her designated beneficiary is terminated by divorce or other 9420
dissolution, upon written notification to the retirement system of 9421
the death of the designated beneficiary or of the termination of 9422
the retired member's marriage to the designated beneficiary, the 9423
retirement allowance payable to the member after receipt of that 9424
notification by the retirement system shall be equal to the 9425
retirement allowance that would have been payable if the member 9426
had not elected the option. In addition, any retired member who 9427
is receiving the maximum retirement allowance for life, a 9428
retirement allowance under Option 1 or who is receiving a 9429
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retirement allowance under Option 2 or Option 4-A on July 1, 1992, 9430
may elect to provide survivor benefits under Option 2 or Option 9431
4-A to a spouse who was not previously the member's beneficiary 9432
and whom the member married before July 1, 1992. 9433
(3) Any retired member who is receiving a reduced retirement 9434
allowance under Option 2, Option 4 or Option 4-A whose designated 9435
beneficiary predeceases him or her, or whose marriage to a spouse 9436
who is his or her designated beneficiary is terminated by divorce 9437
or other dissolution, may elect to cancel the reduced retirement 9438
allowance and receive the maximum retirement allowance for life in 9439
an amount equal to the amount that would have been payable if the 9440
member had not elected Option 2, Option 4 or Option 4-A. That 9441
election must be made in writing to the office of the executive 9442
director of the system on a form prescribed by the board. Any 9443
such election shall be effective the first of the month following 9444
the date the election is received by the system; however, the 9445
election may be applied retroactively for not more than three (3) 9446
months but no earlier than the first of the month following the 9447
date of the death of the beneficiary. 9448
(4) Any retired member who is receiving the maximum 9449
retirement allowance for life, or a retirement allowance under 9450
Option 1, and who marries after his or her retirement may elect to 9451
cancel the maximum retirement allowance and receive a reduced 9452
retirement allowance under Option 2, Option 4 or Option 4-A to 9453
provide continuing lifetime benefits to his or her spouse. That 9454
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election must be made in writing to the office of the executive 9455
director of the system on a form prescribed by the board not 9456
earlier than the date of the marriage and not later than one (1) 9457
year from the date of the marriage. Any such election shall be 9458
effective the first of the month following the date the election 9459
is received by the system. 9460
(5) (a) Except as otherwise provided in this subsection, if 9461
the election of an optional benefit is made after the member has 9462
attained the age of sixty-five (65) years, the actuarial 9463
equivalent factor shall be used to compute the reduced retirement 9464
allowance as if the election had been made on his or her 9465
sixty-fifth birthday; however, from and after January 1, 2003, if 9466
there is an election of Option 6 after the member has attained the 9467
age of sixty-five (65) years, the actuarial equivalent factor 9468
based on the retiree's age at the time of retirement shall be used 9469
to compute the reduced maximum monthly retirement allowance. 9470
However, if a retiree marries or remarries after retirement and 9471
elects either Option 2 or Option 4-A as provided in subsection (2) 9472
or (4) of this section, the actuarial equivalent factor used to 9473
compute the reduced retirement allowance shall be the factor for 9474
the age of the retiree and his or her beneficiary at the time such 9475
election for recalculation of benefits is made. 9476
(b) For members who retire on or after July 1, 2012, 9477
the actuarial equivalent factor used to compute the reduced 9478
retirement allowance at retirement or upon any subsequent 9479
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recalculation of the benefit shall be the factor for the age of 9480
the retiree and his or her beneficiary at the time of retirement 9481
or at the time an election for recalculation of benefits is made. 9482
(6) Notwithstanding any provision of Section 25-11-1 et 9483
seq., no payments may be made for a retirement allowance on a 9484
monthly basis for a period of time in excess of that allowed by 9485
federal law. 9486
(7) If a retirant and his or her eligible beneficiary, if 9487
any, both die before they have received in annuity payments a 9488
total amount equal to the accumulated contributions standing to 9489
the retirant's credit in the annuity savings account at the time 9490
of his or her retirement, the difference between the accumulated 9491
contributions and the total amount of annuities received by them 9492
shall be paid to such persons as the retirant has nominated by 9493
written designation duly executed and filed in the office of the 9494
executive director. If no designated person survives the retirant 9495
and his or her beneficiary, the difference, if any, shall be paid 9496
under Section 25-11-117.1(1). 9497
(8) Any retired member who retired on Option 2(5) or 4-A(5) 9498
before July 1, 1992, who is still receiving a retirement allowance 9499
on July 1, 1994, shall receive an increase in the annual 9500
retirement allowance effective July 1, 1994, equal to the amount 9501
they would have received under Option 2 or Option 4-A without a 9502
reduction for Option 5 based on the ages at retirement of the 9503
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retiree and beneficiary and option factors in effect on July 1, 9504
1992. That increase shall be prospective only. 9505
SECTION 120. Section 25-11-117, Mississippi Code of 1972, is 9506
brought forward as follows: 9507
25-11-117. (1) A member may be paid a refund of the amount 9508
of accumulated contributions to the credit of the member in the 9509
annuity savings account, provided that the member has withdrawn 9510
from state service and has not returned to state service on the 9511
date the refund of the accumulated contributions would be paid. 9512
That refund of the contributions to the credit of the member in 9513
the annuity savings account shall be paid within ninety (90) days 9514
from receipt in the office of the retirement system of the 9515
properly completed form requesting the payment. In the event of 9516
death before retirement of any member whose spouse and/or children 9517
are not entitled to a retirement allowance, the accumulated 9518
contributions to the credit of the deceased member in the annuity 9519
savings account shall be paid to the designated beneficiary on 9520
file in writing in the office of the executive director of the 9521
board of trustees within ninety (90) days from receipt of a 9522
properly completed form requesting the payment. If there is no 9523
such designated beneficiary on file for the deceased member in the 9524
office of the system, upon the filing of a proper request with the 9525
board, the contributions to the credit of the deceased member in 9526
the annuity savings account shall be refunded under Section 9527
25-11-117.1(1). The payment of the refund shall discharge all 9528
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obligations of the retirement system to the member on account of 9529
any creditable service rendered by the member before the receipt 9530
of the refund. By the acceptance of the refund, the member shall 9531
waive and relinquish all accrued rights in the system. 9532
(2) Under the Unemployment Compensation Amendments of 1992 9533
(Public Law 102-318 (UCA)), a member or the spouse of a member who 9534
is an eligible beneficiary entitled to a refund under this section 9535
may elect, on a form prescribed by the board under rules and 9536
regulations established by the board, to have an eligible rollover 9537
distribution of accumulated contributions payable under this 9538
section paid directly to an eligible retirement plan, as defined 9539
under applicable federal law, or an individual retirement account. 9540
If the member or the spouse of a member who is an eligible 9541
beneficiary makes that election and specifies the eligible 9542
retirement plan or individual retirement account to which the 9543
distribution is to be paid, the distribution will be made in the 9544
form of a direct trustee-to-trustee transfer to the specified 9545
eligible retirement plan. A nonspouse beneficiary may elect to 9546
have an eligible rollover distribution paid in the form of a 9547
direct trustee-to-trustee transfer to an individual retirement 9548
account established to receive the distribution on behalf of the 9549
nonspouse beneficiary. Flexible rollovers under this subsection 9550
shall not be considered assignments under Section 25-11-129. 9551
(3) (a) If any person who has received a refund, reenters 9552
the state service and again becomes a member of the system before 9553
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July 1, 2007, the member may repay all or part of the amounts 9554
previously received as a refund, together with regular interest 9555
covering the period from the date of refund to the date of 9556
repayment; however, the amounts that are repaid by the member and 9557
the creditable service related thereto shall not be used in any 9558
benefit calculation or determination until the member has remained 9559
a contributor to the system for a period of at least four (4) 9560
years after the member's reentry into state service. Repayment 9561
for that time shall be made beginning with the most recent service 9562
for which refund has been made. Upon the repayment of all or part 9563
of that refund and interest, the member shall again receive credit 9564
for the period of creditable service for which full repayment has 9565
been made to the system. 9566
(b) If any person who has received a refund, reenters 9567
the state service and again becomes a member of the system on or 9568
after July 1, 2007, but before March 1, 2026, the member may repay 9569
all or part of the amounts previously received as a refund, 9570
together with regular interest covering the period from the date 9571
of refund to the date of repayment; however, the amounts that are 9572
repaid by the member and the creditable service related thereto 9573
shall not be used in any benefit calculation or determination 9574
until the member has remained a contributor to the system for a 9575
period of at least eight (8) years after the member's reentry into 9576
state service. Repayment for that time shall be made beginning 9577
with the most recent service for which refund has been made. Upon 9578
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the repayment of all or part of that refund and interest, the 9579
member shall again receive credit for the period of creditable 9580
service for which full repayment has been made to the system. 9581
(c) If any person who has received a refund reenters 9582
state service and again becomes a member of the system on or after 9583
March 1, 2026, the member shall not be eligible to repay any 9584
portion of amounts previously received as a refund and may not 9585
receive creditable service for service rendered before March 1, 9586
2026. 9587
(4) (a) In order to provide a source of income to members 9588
who have applied for disability benefits under Section 25-11-113 9589
or 25-11-114, the board may provide, at the employee's election, a 9590
temporary benefit to be paid from the member's accumulated 9591
contributions, if any, without forfeiting the right to pursue 9592
disability benefits, provided that the member has exhausted all 9593
personal and medical leave and has terminated his or her 9594
employment. The board may prescribe rules and regulations for 9595
carrying out the provisions of this subsection (4). 9596
(b) If a member who has elected to receive temporary 9597
benefits under this subsection later applies for a refund of his 9598
or her accumulated contributions, all amounts paid under this 9599
subsection shall be deducted from the accumulated contributions 9600
and the balance will be paid to the member. If a member who has 9601
elected to receive temporary benefits under this subsection is 9602
later approved for a disability retirement allowance, and a 9603
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service retirement allowance or survivor benefits are paid on the 9604
account, the board shall adjust the benefits in such a manner that 9605
no more than the actuarial equivalent of the benefits to which the 9606
member or beneficiary was or is entitled shall be paid. 9607
(c) The board may study, develop and propose a 9608
disability benefit structure, including short- and long-term 9609
disability benefits, provided that it is the actuarial equivalent 9610
of the benefits currently provided in Section 25-11-113 or 9611
25-11-114. 9612
SECTION 121. Section 25-11-123, Mississippi Code of 1972, is 9613
amended as follows: 9614
25-11-123. All of the assets of the system shall be credited 9615
according to the purpose for which they are held to one (1) of 9616
four (4) reserves; namely, the annuity savings account, the 9617
annuity reserve, the employer's accumulation account, and the 9618
expense account; however, any employee who became a member of the 9619
system on or after March 1, 2026, shall also have a defined 9620
contribution plan administered by the system, as provided in 9621
Section 25-11-147. 9622
(a) Annuity savings account. In the annuity savings 9623
account shall be accumulated the contributions made by members to 9624
provide for their annuities, including interest thereon which 9625
shall be posted monthly. Credits to and charges against the 9626
annuity savings account shall be made as follows: 9627
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(1) Beginning July 1, 2010, except as otherwise 9628
provided in Section 25-11-126, the employer shall cause to be 9629
deducted from the salary of each member on each and every payroll 9630
of the employer for each and every payroll period nine percent 9631
(9%) of earned compensation as defined in Section 25-11-103; 9632
however, for any employee who became a member of the system on or 9633
after March 1, 2026, only four percent (4%) of such earned 9634
compensation shall be deposited into the annuity savings account, 9635
with the remaining five percent (5%), to be deposited into the 9636
employee's defined contribution account authorized in Section 9637
25-11-147. Future contributions shall be fixed biennially by the 9638
board on the basis of the liabilities of the retirement system for 9639
the various allowances and benefits as shown by actuarial 9640
valuation; however, any member earning at a rate less than Sixteen 9641
Dollars and Sixty-seven Cents ($16.67) per month, or Two Hundred 9642
Dollars ($200.00) per year, shall contribute not less than One 9643
Dollar ($1.00) per month, or Twelve Dollars ($12.00) per year. 9644
(2) The deductions provided in paragraph (1) of 9645
this subsection shall be made notwithstanding that the minimum 9646
compensation provided by law for any member is reduced by the 9647
deduction. Every member shall be deemed to consent and agree to 9648
the deductions made and provided for in paragraph (1) of this 9649
subsection and shall receipt for his full salary or compensation, 9650
and payment of salary or compensation less the deduction shall be 9651
a full and complete discharge and acquittance of all claims and 9652
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demands whatsoever for the services rendered by the person during 9653
the period covered by the payment, except as to the benefits 9654
provided under Articles 1 and 3. The board shall provide by rules 9655
for the methods of collection of contributions from members and 9656
the employer. The board shall have full authority to require the 9657
production of evidence necessary to verify the correctness of 9658
amounts contributed. 9659
(b) Annuity reserve. The annuity reserve shall be the 9660
account representing the actuarial value of all annuities in 9661
force, and to it shall be charged all annuities and all benefits 9662
in lieu of annuities, payable as provided in this article. If a 9663
beneficiary retired on account of disability is restored to active 9664
service with a compensation not less than his average final 9665
compensation at the time of his last retirement, the remainder of 9666
his contributions shall be transferred from the annuity reserve to 9667
the annuity savings account and credited to his individual account 9668
therein, and the balance of his annuity reserve shall be 9669
transferred to the employer's accumulation account. 9670
(c) Employer's accumulation account. The employer's 9671
accumulation account shall represent the accumulation of all 9672
reserves for the payment of all retirement allowances and other 9673
benefits payable from contributions made by the employer, and 9674
against this account shall be charged all retirement allowances 9675
and other benefits on account of members. Credits to and charges 9676
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against the employer's accumulation account shall be made as 9677
follows: 9678
(1) (i) On account of each member who became a 9679
member of the system before March 1, 2026, there shall be paid 9680
monthly into the employer's accumulation account by the employers 9681
for the preceding fiscal year an amount equal to a certain 9682
percentage of the total earned compensation, as defined in Section 9683
25-11-103, of each member. From and after May 9, 2024, the 9684
increase in the employer's contribution rate scheduled to take 9685
effect on July 1, 2024, is rescinded and shall not take effect; 9686
however, on July 1 of each year from 2024 through 2028, the 9687
employer's contribution rate shall be increased by one-half 9688
percent (1/2%). For each member who became a member of the system 9689
on or after March 1, 2026, except as provided in Section 9690
25-11-147, the employer's monthly payment under this paragraph (1) 9691
shall be applied to the accrued liability contribution fund. 9692
(ii) Persons who choose to continue receiving 9693
a retirement allowance during their employment as teachers as 9694
authorized by Section 25-11-126, the percentage rate of the 9695
contributions to be paid into the employer's accumulation account 9696
by the employers of those persons shall be twenty-seven and four 9697
tenths percent (27.4%) of the total earned compensation of those 9698
persons as of July 1, 2025, and shall be increased by one-half 9699
percent (1/2%) through July 1, 2028 in accordance with the 9700
requirements of subparagraph (i) of this paragraph (1). However, 9701
H. B. No. 2 *HR31/R1PH* ~ OFFICIAL ~
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if after January 1, 2029, the Legislature increases the percentage 9702
rate of the employer's contribution required under the provisions 9703
of subparagraph (i) of this paragraph (1), or the Legislature 9704
increases the percentage rate of the contribution required under 9705
subsection (a)(1) of this section, or the Legislature increases 9706
both of those percentage rates, then the percentage rate of the 9707
contributions to be paid into the employer's accumulation account 9708
by the employers of those persons under this subparagraph (ii) 9709
shall be increased by the total amount of the increase or 9710
increases in the percentage rate or rates made by the Legislature. 9711
(2) For the public good, any recommendation by the 9712
board to adjust the employer contributions may be accompanied by 9713
at least two (2) assessments from actuaries who are independent 9714
from each other and the retirement plan. The actuaries shall 9715
analyze the economic impact of any such recommendation to the 9716
system and state, including, but not limited to, information 9717
showing the fiscal impact to every agency and arm of the state, 9718
including, but not limited to, state agencies, cities, counties 9719
and school districts. The actuarial assessments, with any such 9720
recommendation to adjust the employer contributions, shall be 9721
submitted to the Lieutenant Governor, Speaker of the House, 9722
Chairman of the Senate Appropriations Committee and Chairman of 9723
the House Appropriations Committee. 9724
(3) The board shall have the authority to make 9725
recommendations regarding additional funding sources for the 9726
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retirement plan, including employer contribution increases, based 9727
on the assets and liabilities of the retirement plan, and the 9728
analyses required by paragraph (2) of this subsection (c). The 9729
Legislature shall have the sole authority to implement any such 9730
recommendations. It is the intent of the Legislature that, in the 9731
2025 Regular Session, a law be enacted to create a new tier for 9732
future members of the system, in furtherance of the system's 9733
continued financial stability and sustainability. 9734
(4) This section shall not be construed to provide 9735
authority to reduce or eliminate any earned benefits to be 9736
provided by the state to persons who, before July 1, 2025, are 9737
drawing a retirement allowance or are members of the system. 9738
(5) On the basis of regular interest and of such 9739
mortality and other tables as are adopted by the board of 9740
trustees, the actuary engaged by the board to make each valuation 9741
required by this article during the period over which the accrued 9742
liability contribution is payable, immediately after making that 9743
valuation, shall determine the uniform and constant percentage of 9744
the earnable compensation of each member which, if contributed by 9745
the employer on the basis of compensation of the member throughout 9746
his entire period of membership service, would be sufficient to 9747
provide for the payment of any retirement allowance payable on his 9748
account for that service. The percentage rate so determined shall 9749
be known as the "normal contribution rate." After the accrued 9750
liability contribution has ceased to be payable, the normal 9751
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contribution rate shall be the percentage rate of the salary of 9752
all members obtained by deducting from the total liabilities on 9753
account of membership service the amount in the employer's 9754
accumulation account, and dividing the remainder by one percent 9755
(1%) of the present value of the prospective future salaries of 9756
all members as computed on the basis of the mortality and service 9757
tables adopted by the board of trustees and regular interest. The 9758
normal rate of contributions shall be determined by the actuary 9759
after each valuation. 9760
(6) The total amount payable in each year to the 9761
employer's accumulation account shall not be less than the sum of 9762
the percentage rate known as the "normal contribution rate" and 9763
the "accrued liability contribution rate" of the total 9764
compensation earnable by all members during the preceding year, 9765
provided that the payment by the employer shall be sufficient, 9766
when combined with the amounts in the account, to provide the 9767
allowances and other benefits chargeable to this account during 9768
the year then current. 9769
(7) The accrued liability contribution shall be 9770
discontinued as soon as the accumulated balance in the employer's 9771
accumulation account shall equal the present value, computed on 9772
the basis of the normal contribution rate then in force, or the 9773
prospective normal contributions to be received on account of all 9774
persons who are at that time members. 9775
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(8) All allowances and benefits in lieu thereof, 9776
with the exception of those payable on account of members who 9777
receive no prior service credit, payable from contributions of the 9778
employer, shall be paid from the employer's accumulation account. 9779
(9) Upon the retirement of a member, an amount 9780
equal to his retirement allowance shall be transferred from the 9781
employer's accumulation account to the annuity reserve. 9782
(10) The employer's accumulation account shall be 9783
credited with any assets authorized by law to be credited to the 9784
account. 9785
(d) Expense account. The expense account shall be the 9786
account to which the expenses of the administration of the system 9787
shall be charged, exclusive of amounts payable as retirement 9788
allowances and as other benefits provided herein. The Legislature 9789
shall make annual appropriations in amounts sufficient to 9790
administer the system, which shall be credited to this account. 9791
There shall be transferred to the State Treasury from this 9792
account, not less than once per month, an amount sufficient for 9793
payment of the estimated expenses of the system for the succeeding 9794
thirty (30) days. Any interest earned on the expense account 9795
shall accrue to the benefit of the system. However, 9796
notwithstanding the provisions of Sections 25-11-15(10) and 9797
25-11-105(f)(v)5, all expenses of the administration of the system 9798
shall be paid from the interest earnings, provided the interest 9799
earnings are in excess of the actuarial interest assumption as 9800
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determined by the board, and provided the present cost of the 9801
administrative expense fee of two percent (2%) of the 9802
contributions reported by the political subdivisions and 9803
instrumentalities shall be reduced to one percent (1%) from and 9804
after July 1, 1983, through June 30, 1984, and shall be eliminated 9805
thereafter. 9806
(e) Collection of contributions. The employer shall 9807
cause to be deducted on each and every payroll of a member for 9808
each and every payroll period, beginning subsequent to January 31, 9809
1953, the contributions payable by the member as provided in 9810
Articles 1 and 3. 9811
The employer shall make deductions from salaries of employees 9812
as provided in Articles 1 and 3 and shall transmit monthly, or at 9813
such time as the board of trustees designates, the amount 9814
specified to be deducted to the Executive Director of the Public 9815
Employees' Retirement System. The executive director, after 9816
making a record of all those receipts, shall deposit such amounts 9817
as provided by law. 9818
(f) (1) The sum of the normal contribution rate and 9819
the accrued liability contribution rate shall be known as the 9820
"employer's contribution rate." 9821
(2) The amount payable by the employer on account 9822
of normal and accrued liability contributions shall be determined 9823
by applying the employer's contribution rate to the amount of 9824
compensation earned by employees who are members of the system. 9825
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Monthly, or at such time as the board of trustees designates, each 9826
department or agency shall compute the amount of the employer's 9827
contribution payable, with respect to the salaries of its 9828
employees who are members of the system, and shall cause that 9829
amount to be paid to the board of trustees from the personal 9830
service allotment of the amount appropriated for the operation of 9831
the department or agency, or from funds otherwise available to the 9832
agency, for the payment of salaries to its employees. 9833
(3) Except as otherwise provided in Section 9834
25-11-106: 9835
(i) Constables shall pay employer and 9836
employee contributions on their net fee income as well as the 9837
employee contributions on all direct treasury or county payroll 9838
income. 9839
(ii) The county shall be responsible for the 9840
employer contribution on all direct treasury or county payroll 9841
income of constables. 9842
(4) Except as otherwise provided in Section 9843
25-11-106.1, chancery and circuit clerks shall be responsible for 9844
both the employer and employee share of contributions on the 9845
proportionate share of net income attributable to fees, as well as 9846
the employee share of net income attributable to direct treasury 9847
or county payroll income, and the employing county shall be 9848
responsible for the employer contributions on the net income 9849
attributable to direct treasury or county payroll income. 9850
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(5) Once each year, under procedures established 9851
by the system, each employer shall submit to the Public Employees' 9852
Retirement System a copy of their report to Social Security of all 9853
employees' earnings. 9854
(6) The board shall provide by rules for the 9855
methods of collection of contributions of employers and members. 9856
The amounts determined due by an agency to the various funds as 9857
specified in Articles 1 and 3 are made obligations of the agency 9858
to the board and shall be paid as provided herein. Failure to 9859
deduct those contributions shall not relieve the employee and 9860
employer from liability thereof. Delinquent employee 9861
contributions and any accrued interest shall be the obligation of 9862
the employee and delinquent employer contributions and any accrued 9863
interest shall be the obligation of the employer. The employer 9864
may, in its discretion, elect to pay any or all of the interest on 9865
delinquent employee contributions. From and after July 1, 1996, 9866
under rules and regulations established by the board, all 9867
employers are authorized and shall transfer all funds due to the 9868
Public Employees' Retirement System electronically and shall 9869
transmit any wage or other reports by computerized reporting 9870
systems. 9871
SECTION 122. Section 25-11-147, Mississippi Code of 1972, is 9872
brought forward as follows: 9873
25-11-147. (1) Each person becoming a member of the system 9874
on or after March 1, 2026, shall have, in addition to the defined 9875
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benefit plan under this article, a defined contribution plan 9876
meeting the requirements of Section 401(a) of the Internal Revenue 9877
Code. A portion of the employee's contributions shall be 9878
deposited into the employee's defined contribution account, as 9879
provided in Section 25-11-123, and in addition, the employer may 9880
elect to contribute an amount up to the maximum pretax amount 9881
allowable under federal law for plans under Section 401(a) of the 9882
Internal Revenue Code. Members shall be vested immediately in the 9883
defined contribution plan. 9884
(2) (a) Pursuant to Section 401(a) of the Internal Revenue 9885
Code, the board may establish a defined contribution, qualified 9886
plan under which a portion of the employee's mandatory 9887
contributions shall be deposited and which meets all requirements 9888
under federal and state law. To the extent state law conflicts 9889
with federal law, federal law shall govern the plan document to 9890
maintain the federal tax qualified status. The board, in its 9891
fiduciary capacity, may seek approval from the Internal Revenue 9892
Service. 9893
(b) The administration of the defined contribution plan 9894
shall be under the direction of the system. The defined 9895
contribution plan shall be operated in accordance with the 9896
guidelines established by the Internal Revenue Service for Section 9897
401(a) plans as reflected in the plan document, as may be modified 9898
from time to time by the board of trustees, and including optional 9899
variable employer contributions and a process for hardship 9900
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withdrawals by members. Payroll reductions shall be made, in each 9901
instance, by the appropriate payroll officer. The administrator 9902
of the defined contribution plan may contract with a private 9903
corporation or institution for providing consolidated billing and 9904
other administrative services if deemed necessary by the 9905
administrator. 9906
(c) The board of trustees may assess the employer an 9907
amount, out of the employer's contribution rate under Section 9908
25-11-123, up to two-tenths percent (0.2%) of the participant's 9909
total earned compensation as defined in Section 25-11-103 to 9910
provide for the administrative expenses of operating the defined 9911
contribution plan, including, but not limited to, the services of 9912
auditors, consultants, money managers and third-party 9913
administrators. 9914
(3) Each participating member shall direct the investment of 9915
the individual's accumulated employer and employee contributions 9916
and earnings to one or more investment choices within available 9917
categories of investment provided by the board. The board shall 9918
provide an investment menu of investment options. In establishing 9919
the investment options, the board shall: 9920
(a) Include predetermined investment portfolio options 9921
constructed to reflect different risk profiles that automatically 9922
reallocate and rebalance contributions as a participating member 9923
ages; and 9924
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(b) Allow a participating member to construct an 9925
investment portfolio using some or all of the investment options. 9926
SECTION 123. Section 25-9-127, Mississippi Code of 1972, is 9927
amended as follows: 9928
25-9-127. (1) No employee of any department, agency or 9929
institution who is included under this chapter or hereafter 9930
included under its authority, and who is subject to the rules and 9931
regulations prescribed by the state personnel system, may be 9932
dismissed or otherwise adversely affected as to compensation or 9933
employment status except for inefficiency or other good cause, and 9934
after written notice and hearing within the department, agency or 9935
institution as shall be specified in the rules and regulations of 9936
the State Personnel Board complying with due process of law; and 9937
any employee who has by written notice of dismissal or action 9938
adversely affecting his compensation or employment status shall, 9939
on hearing and on any appeal of any decision made in such action, 9940
be required to furnish evidence that the reasons stated in the 9941
notice of dismissal or action adversely affecting his compensation 9942
or employment status are not true or are not sufficient grounds 9943
for the action taken; however, this provision shall not apply: 9944
(a) to persons separated from any department, agency or 9945
institution due to curtailment of funds or reduction in staff when 9946
such separation is in accordance with rules and regulations of the 9947
state personnel system; (b) during the probationary period of 9948
state service of twelve (12) months; and (c) to an executive 9949
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officer of any state agency who serves at the will and pleasure of 9950
the Governor, board, commission or other appointing authority. 9951
(2) The operation of a state-owned motor vehicle without a 9952
valid Mississippi driver's license by an employee of any 9953
department, agency or institution that is included under this 9954
chapter and that is subject to the rules and regulations of the 9955
state personnel system shall constitute good cause for dismissal 9956
of such person from employment. 9957
(3) Beginning July 1, 1999, every male between the ages of 9958
eighteen (18) and twenty-six (26) who is required to register 9959
under the federal Military Selective Service Act, 50 USCS App. 9960
453, and who is an employee of the state shall not be promoted to 9961
any higher position of employment with the state until he submits 9962
to the person, commission, board or agency by which he is employed 9963
satisfactory documentation of his compliance with the draft 9964
registration requirements of the Military Selective Service Act. 9965
The documentation shall include a signed affirmation under penalty 9966
of perjury that the male employee has complied with the 9967
requirements of the Military Selective Service Act. 9968
(4) For a period of two (2) years beginning July 1, 2014, 9969
the provisions of subsection (1) shall not apply to the personnel 9970
actions of the State Department of Education that are subject to 9971
the rules and regulations of the State Personnel Board, and all 9972
employees of the department shall be classified as nonstate 9973
service during that period. However, any employee hired after 9974
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July 1, 2014, by the department shall meet the criteria of the 9975
State Personnel Board as it presently exists for employment. The 9976
State Superintendent of Public Education and the State Board of 9977
Education shall consult with the Office of the Attorney General 9978
before taking personnel actions authorized by this section to 9979
review those actions for compliance with applicable state and 9980
federal law. 9981
It is not the intention or effect of this section to include 9982
any school attendance officer in any exemption from coverage under 9983
the State Personnel Board policy or regulations, including, but 9984
not limited to, termination and conditions of employment. 9985
(5) (a) For a period of two (2) years beginning July 1, 9986
2015, the provisions of subsection (1) shall not apply to the 9987
personnel actions of the Department of Corrections, and all 9988
employees of the department shall be classified as nonstate 9989
service during that period. However, any employee hired after 9990
July 1, 2015, by the department shall meet the criteria of the 9991
State Personnel Board as it presently exists for employment. 9992
(b) Additionally, for a period of one (1) year 9993
beginning July 1, 2016, the personnel actions of the Commissioner 9994
of the Department of Corrections shall be exempt from State 9995
Personnel Board rules, regulations and procedures in order to give 9996
the commissioner flexibility in making an orderly, effective and 9997
timely reorganization and realignment of the department. 9998
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(c) The Commissioner of Corrections shall consult with 9999
the Office of the Attorney General before personnel actions 10000
authorized by this section to review those actions for compliance 10001
with applicable state and federal law. 10002
(6) Through July 1, 2020, the provisions of subsection (1) 10003
of this section shall not apply to the personnel actions of the 10004
Department of Human Services that are subject to the rules and 10005
regulations of the State Personnel Board, and all employees of the 10006
department shall be classified as nonstate service during that 10007
period. Any employee hired on or after July 1, 2020, by the 10008
department shall meet the criteria of the State Personnel Board as 10009
it presently exists for employment. The Executive Director of 10010
Human Services shall consult with the Office of the Attorney 10011
General before taking personnel actions authorized by this section 10012
to review those actions for compliance with applicable state and 10013
federal law. 10014
(7) Through July 1, 2020, the provisions of subsection (1) 10015
of this section shall not apply to the personnel actions of the 10016
Department of Child Protection Services that are subject to the 10017
rules and regulations of the State Personnel Board, and all 10018
employees of the department shall be classified as nonstate 10019
service during that period. Any employee hired on or after July 10020
1, 2020, by the division shall meet the criteria of the State 10021
Personnel Board as it presently exists for employment. The 10022
Commissioner of Child Protection Services shall consult with the 10023
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Office of the Attorney General before taking personnel actions 10024
authorized by this section to review those actions for compliance 10025
with applicable state and federal law. 10026
(8) Any agency requesting an exemption from the State 10027
Personnel Board as it presently exists for employment shall submit 10028
to the Legislature and State Personnel Board a written plan 10029
describing the justification for the requested exemption and the 10030
actions the agency plans to implement if granted the exemption. 10031
The written plan shall include: 10032
(a) Justification for the requested exemption, 10033
including the identification of issues the agency intends to 10034
address; 10035
(b) Actions to be taken during the exemption period 10036
including the reasons for such actions; and 10037
(c) The number of affected positions, associated costs 10038
and the source of funds to pay for each action. 10039
(9) Any state agency whose personnel actions are exempted in 10040
this section from the rules, regulations and procedures of the 10041
State Personnel Board shall file with the State Personnel Board, 10042
Lieutenant Governor, Speaker of the House of Representatives, 10043
Legislative Budget Office, Joint Legislative Committee on 10044
Performance Evaluation and Expenditure Review (PEER), and the 10045
members of the Senate and House Accountability, Efficiency and 10046
Transparency Committees an annual report no later than July 1 of 10047
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each year while under the exemption. Such annual report shall 10048
contain the following information: 10049
(a) The number of current employees who received an 10050
increase in salary during the past fiscal year and the amount of 10051
the increase; 10052
(b) The number of employees who were dismissed from the 10053
agency or otherwise adversely affected as to compensation or 10054
employment status during the past fiscal year, including a 10055
description of such adverse effects; 10056
(c) The number of new employees hired during the past 10057
fiscal year and the starting salaries of each new employee; 10058
(d) Quantifiable measures showing that the actions 10059
taken under authority of an exemption granted by this section have 10060
improved efficiency or effectiveness, or both, of the agency's 10061
operations; 10062
(e) The number of staff hired or promoted without the 10063
minimum qualifications for their positions during the exemption 10064
period; and 10065
(f) Evidence to demonstrate that staff hired without 10066
minimum qualifications are competent to perform their job duties. 10067
(10) Upon fulfilling the requirements of subsection (8) of 10068
this section, the personnel actions of the Office of the State 10069
Treasurer, for a period of one (1) year following the effective 10070
date of this act, shall be exempt from the provisions of 10071
subsection (1) of this section and any applicable rules and 10072
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regulations of the State Personnel Board, as such exemption 10073
applies to the State Treasurer's administration of the Mississippi 10074
Education Freedom Act established under Sections 37-190-1 through 10075
37-190-17, and all employees of the office hired during that 10076
period shall be classified as nonstate service. However, any 10077
employee hired by the office after the one-year period the 10078
department shall meet the criteria of the State Personnel Board as 10079
it presently exists for employment. 10080
SECTION 124. Section 7-9-5, Mississippi Code of 1972, is 10081
amended as follows: 10082
7-9-5. The State Treasurer shall be entitled to a 10083
bookkeeper, a chief clerk, a bond clerk, and a stenographer to 10084
assist him in the discharge of the duties of his office; and he 10085
may appoint a deputy who shall possess all the powers and may 10086
perform any of the duties of the treasurer. If a deputy treasurer 10087
be appointed, he shall also perform all the duties of the chief 10088
clerk and shall receive the salary of such clerk, and thereafter 10089
no chief clerk shall be employed. The bond of the said deputy 10090
shall be One Hundred Thousand Dollars ($100,000.00), and the 10091
premium thereon shall be paid as other premiums of state officers. 10092
However, if for any reason within the one (1) year of the 10093
effective date of this act, the State Treasurer, in his or her 10094
capacity as fund manager of Magnolia Student Accounts, employs 10095
personnel for the purpose of assisting with the administration of 10096
the Mississippi Educational Freedom Act established under Sections 10097
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37-190-1 through 37-190-17, the employment of such persons shall 10098
not be subject to the rules and regulations of the State Personnel 10099
Board, except as otherwise provided in Section 25-9-127(10). 10100
SECTION 125. Section 31-7-401, Mississippi Code of 1972, is 10101
brought forward as follows: 10102
31-7-401. Except as otherwise provided by law, the 10103
provisions of Sections 31-7-401 through 31-7-423 shall apply to 10104
every procurement of commodities, supplies, equipment, 10105
construction, technology, personal and professional services other 10106
than those in Section 27-104-7(2)(f) and (8), state agency 10107
employee benefits, supplemental insurance and cafeteria plans, 10108
that are solicited by any state agency by a request for proposals 10109
or request for qualifications, except any personal or professional 10110
services contract entered into by an agency for the design, 10111
operation or maintenance of museum exhibits, purchases made by an 10112
agency related to the fabrication, construction, installation or 10113
refurbishing of museum exhibits. The following provisions are 10114
intended to ensure that the best practices for soliciting requests 10115
for proposals or requests for qualifications are implemented. Any 10116
agency that is required to receive approval by the Public 10117
Procurement Review Board before entering into a personal or 10118
professional services contract as provided in subsection (2)(g) of 10119
Section 27-104-7 shall implement the best practices specified in 10120
Sections 31-7-401 through 31-7-423. The Public Procurement Review 10121
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Board shall promulgate any necessary rules and regulations to 10122
administer the provisions of Sections 31-7-401 through 31-7-423. 10123
SECTION 126. Section 31-7-403, Mississippi Code of 1972, is 10124
brought forward as follows: 10125
31-7-403. Conditions for use. (1) Competitive sealed 10126
bidding is the preferred method of procurement; however, if it is 10127
not practicable and advantageous, a request for proposals or 10128
request for qualifications may be used. The terms "practicable" 10129
and "advantageous" are to be given ordinary dictionary meanings. 10130
The term "practicable" denotes what may be accomplished or put 10131
into practical application. "Advantageous" denotes a judgmental 10132
assessment of what is in the state's best interest. 10133
(2) The following factors shall be considered when 10134
determining advantageousness: 10135
(a) The need for flexibility; 10136
(b) The type of evaluations that will be needed after 10137
offers are received; 10138
(c) Whether the evaluation factors involve the relative 10139
abilities of offerers to perform, including degrees of technical 10140
or professional experience or expertise; 10141
(d) Whether the type of need to be satisfied involves 10142
weighing artistic and aesthetic values to the extent that price is 10143
a secondary consideration; 10144
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(e) Whether the types of supplies, services or 10145
construction may require the use of comparative judgmental 10146
evaluations to evaluate them adequately; and 10147
(f) Whether prior procurements indicate that a request 10148
for proposals may result in more beneficial contracts for the 10149
state. 10150
(3) The following factors shall be considered when 10151
determining practicability: 10152
(a) Whether the contract needs to be a contract other 10153
than a fixed-price type contract; 10154
(b) Whether oral or written discussions may need to be 10155
conducted with offerers concerning technical and price aspects of 10156
their proposals; 10157
(c) Whether offerers may need to be afforded the 10158
opportunity to revise their proposals, including price; 10159
(d) Whether the award may need to be based upon a 10160
comparative evaluation of differing price and contractual factors 10161
as well as quality factors that include technical and performance 10162
capability and the content of the technical proposal; and 10163
(e) Whether the primary consideration in determining 10164
award may not be price. 10165
(4) On or before January 1 of each year, and every time a 10166
chief procurement officer is hired, each state agency shall 10167
provide to the state purchasing agent the name of the state 10168
agency's chief procurement officer and information identifying the 10169
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state agency's central purchasing office, if applicable. If the 10170
chief procurement officer of an agency or his or her designee 10171
determines, in writing, that the use of competitive sealed bidding 10172
is either not practicable or not advantageous to the state, he or 10173
she shall submit a detailed explanation of the reasons for that 10174
determination to the Public Procurement Review Board. If the 10175
Public Procurement Review Board determines that competitive sealed 10176
bidding is either not practicable or not advantageous to the 10177
state, then a contract may be entered into for the procurement of 10178
commodities, supplies, equipment, construction, technology, 10179
personal and professional services, state agency purchased 10180
employee benefits or state agency supplemental insurance and 10181
cafeteria plans, by a request for proposals or request for 10182
qualifications. However, these procurements contracted for 10183
through a request for proposals or request for qualifications may 10184
not be combined or included in a contract with other procurements 10185
that are required to be procured through competitive sealed 10186
bidding so as to avoid the statutory obligation for procurement 10187
through competitive sealed bidding. The board may modify or 10188
revoke its determination at any time, and the determination should 10189
be reviewed for current applicability from time to time. 10190
In addition to determining whether a request for proposals or 10191
request for qualifications would be practicable and advantageous 10192
to the state, when making the decision to use a request for 10193
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proposals or request for qualifications, the chief procurement 10194
officer shall consider the following factors: 10195
(a) Whether quality, availability or capability is 10196
overriding in relation to price in procurements for research and 10197
development, technical supplies or services; 10198
(b) Whether the initial installation needs to be 10199
evaluated together with later maintenance and service capabilities 10200
and what priority should be given to these requirements in the 10201
best interests of the state; and 10202
(c) Whether the marketplace will respond better to a 10203
solicitation permitting not only a range of alternative proposals 10204
but evaluation and discussion of them before making the award. 10205
SECTION 127. Section 31-7-405, Mississippi Code of 1972, is 10206
brought forward as follows: 10207
31-7-405. Content of the request for proposals or request 10208
for qualifications. (1) The request for proposals or request for 10209
qualifications shall include the following: 10210
(a) Instructions and information to offerers concerning 10211
the request for proposals or request for qualifications submission 10212
requirements, including the time and date set for receipt of 10213
proposals or qualifications, the address of the office to which 10214
proposals or qualifications are to be delivered, the maximum time 10215
for proposal or qualification acceptance by the state, the manner 10216
in which proposals or qualifications are to be submitted, 10217
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including any forms for that purpose and any other special 10218
information; 10219
(b) The purchase description, evaluation factors, 10220
delivery or performance schedule and any inspection and acceptance 10221
requirements that are not included in the purchase description; 10222
(c) The contract terms and conditions, including 10223
warranty and bonding or other security requirements, as 10224
applicable; 10225
(d) A statement that discussions may be conducted with 10226
offerers who submit proposals or qualifications determined to be 10227
reasonably susceptible of being selected for the award, but that 10228
proposals or qualifications may be accepted without such 10229
discussions; and 10230
(e) A statement of when and how price should be 10231
submitted. 10232
(2) The request for proposals or request for qualifications 10233
may incorporate documents by reference provided that the request 10234
for proposals or request for qualifications specifies where those 10235
documents can be obtained. 10236
(3) Proposal or qualification preparation time shall be set 10237
to provide offerers a reasonable time to prepare their proposals 10238
or qualifications. A minimum of thirty (30) days shall be 10239
provided unless a shorter time is deemed necessary for a 10240
particular procurement as determined in writing by the chief 10241
procurement officer of the requesting agency. 10242
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SECTION 128. Section 31-7-407, Mississippi Code of 1972, is 10243
brought forward as follows: 10244
31-7-407. Public notice. (1) In addition to any method of 10245
public notice regarding the solicitation of requests for proposals 10246
or requests for qualifications currently being used by state 10247
agencies, the chief procurement officer shall also have posted on 10248
the Mississippi procurement portal and on the soliciting agency's 10249
website, public notification of a pending procurement through 10250
request for proposals or request for qualifications. The notice 10251
shall include the following: 10252
(a) The due date for responses; 10253
(b) The name and phone number of the officer conducting 10254
the procurement; and 10255
(c) The means of obtaining the solicitation. 10256
(2) The notice shall be posted at least thirty (30) days 10257
before the date that proposals or qualifications are to be 10258
submitted to the chief procurement officer, unless a shorter time 10259
is deemed necessary for a particular procurement as determined in 10260
writing by the chief procurement officer of the requesting agency. 10261
(3) Each chief procurement officer may determine that other 10262
methods of public notification are best for that particular agency 10263
or that particular request for proposals or request for 10264
qualifications. If such a determination is made, the chief 10265
procurement officer may provide notice in an alternative manner 10266
about the request for proposals or request for qualifications in 10267
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addition to the methods provided for in Sections 31-7-401 through 10268
31-7-423. 10269
(4) The Department of Finance and Administration (DFA) shall 10270
monitor agency websites and the Mississippi procurement portal to 10271
ensure that the agencies are posting the required notice. DFA 10272
shall audit agencies and report its findings to the Chairs of the 10273
House of Representatives and Senate Accountability, Efficiency and 10274
Transparency Committees and House of Representatives and Senate 10275
Appropriations Committees by December 31 of each year. 10276
SECTION 129. (1) Local law enforcement agencies having 10277
primary law enforcement authority over all public and nonpublic 10278
schools within their jurisdiction, in conjunction with the 10279
governing boards of independent nonpublic schools within the State 10280
of Mississippi, through a Memorandum of Understanding (MOU), 10281
signed by the law enforcement executive and the appropriate school 10282
official(s), shall employ individuals to serve as school resource 10283
officers (SROs) at independent nonpublic schools, under the 10284
authority of Section 21-19-49(2), provided that the MOU shall 10285
require a minimum of one (1) school resource officer to be 10286
assigned to each independent nonpublic school campus operating 10287
under the authority and control of the governing board of the 10288
independent nonpublic school. 10289
(2) Any person employed, under the authority of Section 10290
21-19-49(2), by the governing board of the independent nonpublic 10291
school as a security guard or school resource officer (SRO) or in 10292
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any other position that has the powers of a peace officer, who is 10293
not a sworn law enforcement officer, must receive a minimum level 10294
of basic law enforcement training, as determined and prescribed by 10295
the Board on Law Enforcement Officer Standards and Training, 10296
within two (2) years of the person's initial employment in such 10297
position. The failure of any person employed in such position to 10298
receive the required training within the designated time will 10299
result in the withdrawal of that person's authority to exercise 10300
the powers of a peace officer in or on the property of the 10301
independent nonpublic school. 10302
(3) For purposes of this section, the following terms shall 10303
have the meanings ascribed in this subsection unless context of 10304
use requires otherwise: 10305
(a) "Independent nonpublic school" means a nonpublic 10306
school operating within the State of Mississippi that: 10307
(i) Is a member of the Midsouth Association of 10308
Independent Schools (MAIS) and located in the State of 10309
Mississippi; 10310
(ii) Is accredited by a state, regional or 10311
national accrediting organization, including the State Board of 10312
Education; and 10313
(iii) Is not subject to the purview of authority 10314
of the State Board of Education, unless such school is accredited 10315
by the board. 10316
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(b) "Governing board" means the board or other 10317
governing body of an accredited independent nonpublic school, as 10318
such governing body is prescribed in the charter, bylaws or other 10319
governing documents of the independent nonpublic school. 10320
(c) "School resource officer" or "SRO" means a sworn 10321
law enforcement officer employed by a local law enforcement agency 10322
and assigned to independent nonpublic elementary or secondary 10323
school campuses to provide community policing efforts to combat 10324
school violence and improve student and school safety in or on the 10325
property of the school campus to which he or she is assigned. 10326
SECTION 130. Section 21-19-49, Mississippi Code of 1972, is 10327
amended as follows: 10328
21-19-49. (1) The governing authority of any municipality 10329
or the board of supervisors of any county are hereby authorized 10330
and empowered to appropriate money or dedicate and convey 10331
municipally-owned buildings and property or county-owned buildings 10332
and property, as the case may be, to the school district or 10333
districts situated within that municipality or county for the 10334
purpose of erecting, purchasing or otherwise providing the school 10335
building or a site for such school building of such school 10336
district, in cases where the governing authority or board of 10337
supervisors are of the opinion that the location of such school 10338
building within the corporate limits of the municipality or the 10339
county, or in close proximity thereto, will be of special benefit 10340
to the inhabitants of the municipality or county. 10341
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(2) Municipalities, municipal police departments and the 10342
sheriffs' departments may contract with the school board of any 10343
school district or the governing board of any independent 10344
nonpublic school to provide additional Law Enforcement Officers 10345
Training Academy-certified police protection to said school 10346
district or independent nonpublic school on such terms and for 10347
such reimbursement as the school district or independent nonpublic 10348
school and the entity may agree in their discretion. 10349
(3) (a) The governing authority of any municipality or the 10350
board of supervisors of any county may allow off-duty municipal or 10351
county law enforcement officers who are hired individually for 10352
security purposes by the school district * * *, districts or 10353
nonpublic schools within that municipality or county to use 10354
municipal or county law enforcement uniforms and equipment, which 10355
includes vehicles, during such off-duty employment. 10356
(b) If the person or entity, and the person's or 10357
entity's insurer, fails or refuses to endorse, indemnify and hold 10358
harmless the employing jurisdiction, the employing jurisdiction 10359
shall not approve the use of the official vehicle of the employing 10360
jurisdiction for private security services. 10361
(4) The governing authority of any municipality, in its 10362
discretion, may donate funds, equipment or in-kind services to any 10363
school district or independent nonpublic school located within the 10364
boundaries of the municipality to assist the voluntary character 10365
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development or public service programs of that school district or 10366
independent nonpublic school. 10367
SECTION 131. Section 17-25-11, Mississippi Code of 1972, is 10368
amended as follows: 10369
17-25-11. (1) Certified law enforcement officers or 10370
certified part-time law enforcement officers, as defined in 10371
Section 45-6-3, who are employed by a county, municipality or the 10372
Department of Public Safety may wear the official uniform and may 10373
utilize the official firearm and the official vehicle issued by 10374
the employing jurisdiction while in the performance of private 10375
security services in off-duty hours. The governing authority of a 10376
municipality must approve of such use of the uniform, official 10377
weapon and vehicle by municipal law enforcement officers by act 10378
spread upon the minutes of such board and approved by the chief 10379
executive. The sheriff of a county must approve such use of the 10380
uniform, official weapon and vehicle by deputy sheriffs. The 10381
Commissioner of the Department of Public Safety must approve such 10382
use of the uniform, official weapon and vehicle by officers of the 10383
department. Approval shall be on an employee-by-employee basis 10384
and not by general order. Any proceedings regarding application 10385
or approval and the minutes regarding same shall be a public 10386
record. 10387
(2) Each governing board and chief executive, sheriff or the 10388
Commissioner of the Department of Public Safety shall determine 10389
before the use of the official uniform, weapon and vehicle is 10390
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approved that the proposed employment is not likely to bring 10391
disrepute to the employing jurisdiction or its law enforcement 10392
agency, the officer at issue, or law enforcement generally, and 10393
that the use of the official uniform, weapon and vehicle in the 10394
discharge of the officer's private security endeavor promotes the 10395
public interest. 10396
(3) (a) Acts and omissions of an officer in discharge of 10397
private security employment shall be deemed to be the acts and 10398
omissions of the person or entity who hires or enters into any 10399
independent contractual service agreement with an officer for the 10400
private security services, and not the acts and omissions of the 10401
employing jurisdiction whose uniform, weapon and vehicle are 10402
approved for the private security use. 10403
(b) The person or entity, and the person's or entity's 10404
insurer, who hires or enters into any independent contractual 10405
service agreement with an officer for private security services 10406
shall: 10407
(i) Hold harmless the employing jurisdiction and 10408
fully indemnify the employing jurisdiction for any expense or 10409
loss, including attorney's fees and any damage to the official 10410
vehicle, which results from any action taken against the employing 10411
jurisdiction arising out of the acts or omissions of the officer 10412
in discharge of private security services while wearing the 10413
official uniform or using the official weapon or vehicle; and 10414
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(ii) Name the employing jurisdiction as a named 10415
insured on its general liability and automobile liability policies 10416
for at least the amount of recovery provided for in Section 10417
11-46-15 for any damage to the official vehicle. 10418
(c) If the person or entity, and the person's or 10419
entity's insurer, fails or refuses to endorse, indemnify and hold 10420
harmless the employing jurisdiction, the employing jurisdiction 10421
shall not approve the use of the official vehicle of the employing 10422
jurisdiction for private security services. 10423
(d) Neither the state nor any subdivision thereof shall 10424
be liable for a claim or injury arising from the acts or omissions 10425
of an officer in the discharge of any private security employment 10426
duties under this section, including travel to and from private 10427
security employment duties in the official vehicle. 10428
(e) The provisions of paragraphs (a) through (d) of 10429
this subsection shall not apply to any municipal or county law 10430
enforcement officers employed in the capacity as a school resource 10431
officer at a nonpublic school under the authority granted to 10432
municipalities, municipal police departments and sheriffs' 10433
departments to contract with the school board of any school 10434
district or the governing board of any independent nonpublic 10435
school for such services as prescribed in Section 21-19-49(2). 10436
(4) Certified police officers performing private jobs during 10437
their off-duty hours are required to notify the appropriate law 10438
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enforcement agency of the place of employment, the hours to be 10439
worked, and the type of employment. 10440
(5) The official uniform, weapon and vehicle may be worn and 10441
utilized only at locations which are within the jurisdiction of 10442
the governmental entity whose uniform, weapon and vehicle are 10443
involved. 10444
SECTION 132. (1) There is established the National Defense 10445
Cadet Corps (NDCC) Pilot Program to provide financial grant 10446
assistance for the purpose of expanding Junior Reserve Officer 10447
Training Corps (JROTC) programs in school districts throughout the 10448
State of Mississippi. The State Department of Education and the 10449
Adjutant General of the Mississippi National Guard shall cooperate 10450
in the promulgation of rules and regulations for the joint 10451
administration of the program, which shall include the 10452
establishment of an application process and qualifying criteria to 10453
be used in determining the priority of issuance of grants under 10454
the pilot program. 10455
(2) The National Defense Cadet Corps (NDCC) Pilot Program 10456
shall: 10457
(a) Be operated for a period of three (3) consecutive 10458
years beginning on July 1, 2026, and continuing through July 1, 10459
2029; 10460
(b) Require the State Department of Education and the 10461
Mississippi National Guard to receive and review grant 10462
applications immediately upon the commencement of the program; 10463
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(c) Require the State Department of Education and the 10464
Mississippi National Guard to determine the number of grants to be 10465
administered during the pilot program, which shall award selected 10466
grantees for a period of three (3) from the date of application 10467
approval, provided that there shall be an equal number of grantees 10468
represented in each of the state's four (4) Congressional 10469
Districts, as those districts existed on January 1, 2026, as funds 10470
are appropriated by the legislature for such purposes; and 10471
(d) Require school district that receive grant funds to 10472
transition to a self-funded program at the end of the three-year 10473
pilot program period, until such time that the school district is 10474
able to demonstrate the viability of its program to the servicing 10475
command of the military branch with which its program is 10476
affiliated. 10477
(3) Upon a demonstration of program viability as a 10478
self-funded program, as required under subsection (2)(d), the 10479
school district shall make application to the servicing command of 10480
the military branch with which its program is affiliated, seeking 10481
approval for federal assistance from the Department of War to 10482
become a fully service JROTC funded program by the appropriate 10483
servicing command. 10484
(4) To receive assistance from the NDCC Pilot Program, the 10485
applying school district must be assessed according to the 10486
guidelines developed by the State Department of Education and the 10487
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Mississippi National Guard to determine the need for such programs 10488
and the priority of approving grant applications. 10489
(5) The State JROTC Coordinator within the State Department 10490
of Education shall submit a report to the Legislature on or before 10491
January 1, 2027, and on or before January 1st of each year 10492
thereafter until the end of the pilot program period. The report 10493
shall include, but is not limited to, the following information: 10494
(a) Total spent on program funding; 10495
(b) The amount of administrative costs to operate the 10496
program; and 10497
(c) The number of school districts served by the 10498
program, and which Congressional District the programs are 10499
located; and 10500
(d) The efficacy of the program. 10501
(6) The Legislature shall appropriate funds to implement the 10502
"National Defense Cadet Corps (NDCC) Pilot Program" on a phased-in 10503
basis with each phase based on a state appropriation of not less 10504
than Ten Million Dollars ($10,000,000.00) for each fiscal year of 10505
the pilot program, which shall be allocated to approved grantee 10506
school districts based on total number of applicated received and 10507
approved in accordance with the criteria established by the State 10508
Department of Education and the Mississippi National Guard. 10509
SECTION 133. Section 37-15-29, Mississippi Code of 1972, is 10510
brought forward as follows: 10511
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37-15-29. (1) Except as provided in subsections (2), (3), 10512
(4) and (5) of this section, no minor child may enroll in or 10513
attend any school except in the school district of his residence, 10514
unless such child be lawfully transferred from the school district 10515
of his residence to a school in another school district in accord 10516
with the statutes of this state now in effect or which may be 10517
hereafter enacted. 10518
(2) Those children whose parent(s) or legal guardian(s) are 10519
instructional personnel or certificated employees of a school 10520
district may at such employee's discretion enroll and attend the 10521
school or schools of their parent's or legal guardian's employment 10522
regardless of the residence of the child. 10523
(3) No child shall be required to be transported in excess 10524
of thirty (30) miles on a school bus from his or her home to 10525
school, or in excess of thirty (30) miles from school to his or 10526
her home, if there is another school in an adjacent school 10527
district located on a shorter school bus transportation route by 10528
the nearest traveled road. Those children residing in such 10529
geographical situations may, at the discretion of their parent(s) 10530
or legal guardian(s), enroll and attend the nearer school, 10531
regardless of the residence of the child. In the event the parent 10532
or legal guardian of such child and the school board are unable to 10533
agree on the school bus mileage required to transport the child 10534
from his or her home to school, an appeal shall lie to the State 10535
Board of Education, or its designee, whose decision shall be 10536
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final. The school districts involved in the appeal shall provide 10537
the Mississippi Department of Education with any school bus route 10538
information requested, including riding the buses as necessary, in 10539
order to measure the bus routes in question, as needed by the 10540
State Board of Education in considering the appeal. 10541
(4) Those children lawfully transferred from the school 10542
district of his residence to a school in another school district 10543
prior to July 1, 1992, may, at the discretion of their parent(s) 10544
or legal guardian(s), continue to enroll and attend school in the 10545
transferee school district. Provided further, that the brother(s) 10546
and sister(s) of said children lawfully transferred prior to July 10547
1, 1992, may also, at the discretion of their parent(s) or legal 10548
guardian(s), enroll and attend school in the transferee school 10549
district. 10550
(5) (a) Those children whose parent(s) or legal guardian(s) 10551
are active duty, or Active Guard and Reserve duty, members of the 10552
United States Armed Forces, but not those who are performing 10553
inactive duty training, may, at the discretion of their parent(s) 10554
or legal guardian(s), enroll and attend the school district and 10555
school campus of their parent's or legal guardian's choosing, 10556
regardless of the residence of the child. 10557
(b) Those children whose parent(s) or legal guardian(s) 10558
are civilian military personnel and reside on a military base 10559
may, at the discretion of their parent(s) or legal guardian(s), 10560
enroll and attend the school district and school campus of their 10561
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parent's or legal guardian's choosing, regardless of the residence 10562
of the child. 10563
(c) For purposes of paragraphs (a) and (b) of this 10564
subsection (5): 10565
(i) A school district is not required to provide 10566
transportation to a student who enrolls in or transfers to another 10567
school district or school campus within the district of chosen 10568
attendance; 10569
(ii) A student eligible for enrollment or transfer 10570
shall be allowed only one (1) school transfer per academic year; 10571
(iii) Once admitted, and unless expelled, the 10572
parent(s) or legal guardian(s) of students transferring under the 10573
authority of this subsection shall not be required to reapply for 10574
admission for continued enrollment in the school district or 10575
school campus of last attendance for any subsequent years of 10576
attendance therein; and 10577
(iv) If the school district is unable to 10578
accommodate a request for enrollment for transfer due to a lack of 10579
capacity to accept the student in to the district or a specific 10580
school campus, the school board shall deny the request and spread 10581
the same upon its minutes. 10582
(d) (i) As used in this subsection (5), "active duty" 10583
means full-time duty in the active military service of the United 10584
States. 10585
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(ii) As used in this subsection (5), "Active Guard 10586
and Reserve duty" means active duty or full-time National Guard 10587
duty performed by a member of a reserve component of the Army, 10588
Navy, Air Force, Space Force or Marine Corps, which is pursuant to 10589
an order to active duty or full-time National Guard duty for a 10590
period of one hundred eighty (180) consecutive days or more. 10591
(iii) Before enrolling his or her child in the 10592
selected school of choice, the service member shall provide the 10593
school of enrollment with a copy of his or her Department of 10594
Defense photo identification, and a "Statement of Service" from 10595
the installation adjutant general or official letter from a 10596
commander above the Lieutenant Colonel rank signifying that the 10597
service member is on active duty, or Active Guard and Reserve 10598
duty, assignment or has been mobilized within the state. 10599
SECTION 134. The following shall be codified as Section 10600
37-7-104.10, Mississippi Code of 1972: 10601
37-7-104.10. (1) In Copiah County, Mississippi, in which 10602
are located, as of January 1, 2026, two (2) school districts, 10603
there shall be an administrative restructuring of all of those 10604
school districts in the county into one (1) new countywide school 10605
district to be designated as the Copiah County School District 10606
which shall consist of the territory of the former Copiah County 10607
School District and the Hazlehurst City School District, effective 10608
on July 1, 2028. At such time that the administrative 10609
restructuring becomes effective, the central administrative office 10610
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of the Copiah County School District shall be located in 10611
Hazlehurst, Mississippi. 10612
(2) Within two (2) years prior to the date of restructuring, 10613
or as soon as practicable after July 1, 2026, a financial advisor 10614
and/or other facilitator with school district experience may be 10615
assigned by the Mississippi Department of Education to oversee the 10616
budgeting and financial matters relating to the restructuring of 10617
the districts slated for restructuring. The financial advisor 10618
and/or facilitator may, at the discretion of the Mississippi 10619
Department of Education, continue duties for one (1) year after 10620
the restructuring to ensure that all financial matters are in 10621
place. All financial expenditures of districts that are closing 10622
must be approved by the financial advisor and/or facilitator. If 10623
the superintendent and/or school board approves expenditures 10624
outside of this approval, they shall be personally liable for the 10625
excess expenditures. The State Board of Education shall determine 10626
the compensation to be paid to the financial advisor and/or 10627
facilitator which shall be paid by the local school district to 10628
which the financial advisor and/or facilitator is assigned. 10629
(3) (a) On or before July 1, 2027, the State Board of 10630
Education shall serve the local school boards of the Copiah County 10631
School District and the Hazlehurst City School District with 10632
notice and instructions regarding the timetable for action to be 10633
taken to comply with the administrative restructuring required in 10634
this section. The State Board of Education shall provide for the 10635
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administrative restructuring of Copiah County School District and 10636
the Hazlehurst City School District on or before July 1, 2028. In 10637
the new Copiah County School District, there shall be a new county 10638
board of education elected in a November 2027 special election, 10639
which shall be called by the Governor for that purpose. The new 10640
county board of education shall be elected and the terms of office 10641
established as provided in Section 37-5-7(3). The State Board of 10642
Education shall declare that the territory embraced by Copiah 10643
County, Mississippi, shall be the boundary lines for the territory 10644
of the new Copiah County School District and shall spread a legal 10645
description of the new school district on the minutes of its 10646
August 2027 meeting and shall serve the applicable school boards 10647
and the board of supervisors with an adequate legal description of 10648
these new boundaries. It shall be the responsibility of the board 10649
of supervisors of such county to apportion the newly restructured 10650
school district into five (5) new single member board of education 10651
election districts, which shall be consistent with the supervisors 10652
district lines in the county. The board of supervisors of the 10653
county shall thereafter publish the same in some newspaper of 10654
general circulation in the county for at least three (3) 10655
consecutive weeks and after having given notice of publication and 10656
recording the same upon the minutes of the school boards of each 10657
appropriate school district in the county, the new district lines 10658
will thereafter be effective for the November 2027 special 10659
election. 10660
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(b) Any school district affected by the required 10661
administrative restructuring in Copiah County that does not 10662
voluntarily consolidate as ordered by the State Board of Education 10663
shall be administratively restructured by the State Board of 10664
Education, to be effective on July 1 following the November 2027 10665
special election of the new school board members. The State Board 10666
of Education shall promptly move on its own motion to 10667
administratively consolidate a school district which does not 10668
voluntarily consolidate in order to enable the affected school 10669
districts to reasonably accomplish the resulting administrative 10670
restructuring into the Copiah County School District by July 1, 10671
2028, following the election of the new board of trustees. The 10672
affected school districts shall comply with any restructuring 10673
order issued by the State Board of Education on or before July 1 10674
following the election of the new board of trustees. 10675
(4) (a) On July 1, 2028, following the election of the new 10676
board of trustees of the Copiah County School District, the former 10677
county board of education for Copiah County and the former board 10678
of trustees of the Hazlehurst City School Districts shall be 10679
abolished. All real and personal property which is owned or 10680
titled in the name of the school district located in such former 10681
school districts shall be transferred to the new Copiah County 10682
School District. 10683
(b) The new board of trustees of the Copiah County 10684
School District shall be responsible for establishing the 10685
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contracts for teachers, principals, clerical and administrative 10686
staff personnel for the 2028-2029 school year and each school year 10687
thereafter. 10688
(c) The new board of trustees for the Copiah County 10689
School District shall appoint the superintendent of schools for 10690
the school district. The superintendent of schools for the Copiah 10691
County School District may appoint an assistant superintendent of 10692
schools for the district, but in no instance shall the 10693
administrative leadership of the Copiah County School District 10694
have more than one (1) assistant superintendent of education. The 10695
subsequent superintendent of schools of the restructured school 10696
district shall not be elected, but shall continue to be appointed 10697
by the successor board of trustees in the manner provided in 10698
Section 37-9-25. It shall be the responsibility of the successor 10699
board of trustees to prepare and approve the budget of the new 10700
restructured district, and the successor board of trustees may use 10701
staff from the former school districts to prepare the budget. Any 10702
proposed order of the State Board of Education directing the 10703
transfer of the assets, real or personal property of an affected 10704
school district in the county, shall be final and conclusive for 10705
the purposes of the transfer of property required by such 10706
administrative restructuring. 10707
(d) Any person or school district aggrieved by an order 10708
of the successor newly selected board of trustees of the Copiah 10709
County School District pursuant to the required administrative 10710
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restructuring may appeal therefrom within ten (10) days from the 10711
date of the adjournment of the meeting at which such order is 10712
entered. The appeal shall be taken in the same manner as appeals 10713
are taken from judgments or decisions of the board of supervisors 10714
as provided in Section 11-51-75, the provisions of which shall be 10715
fully applicable to appeals taken hereunder. The board of 10716
trustees of the Copiah County School District shall not pass upon 10717
or approve or disapprove any such order until the time for an 10718
appeal therefrom has expired, nor shall the board pass upon or 10719
approve or disapprove any such order from which an appeal is taken 10720
until said appeal has been finally determined. 10721
(5) Nothing in this section shall be construed to require 10722
the closing of any school or school facility, unless the facility 10723
is an unneeded administrative office located within a school 10724
district which has been abolished under the provisions of this 10725
section. All administrative restructuring under this section 10726
shall be accomplished so as not to delay or in any manner 10727
negatively affect the desegregation of another school district in 10728
the county pursuant to court order. 10729
(6) The State Board of Education shall promulgate rules and 10730
regulations to facilitate the administrative restructuring of the 10731
school districts in Copiah County pursuant to this section. The 10732
restructured districts shall make an election within one (1) year 10733
of restructuring concerning the group term life insurance 10734
described in subsection (6) of Section 25-15-9. 10735
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(7) The County Board of Education and the Superintendent of 10736
Education of the former Copiah County School District and the 10737
local school board and Superintendent of Schools of the Hazlehurst 10738
City School District shall cooperate with the State Department of 10739
Education, as soon as practicable after the effective date of this 10740
act, for the planning and transition of programs, services and 10741
alignment of curriculum for the administratively restructured 10742
school districts. 10743
SECTION 135. Section 37-7-103, Mississippi Code of 1972, is 10744
amended as follows: 10745
37-7-103. From and after July 1, 1987, the school board of 10746
any school district shall have full jurisdiction, power and 10747
authority, at any regular meeting thereof or at any special 10748
meeting called for that purpose, to abolish such existing 10749
district, or to reorganize, change or alter the boundaries of any 10750
such district. In addition thereto, with the consent of the 10751
school board of the school district involved, the school board may 10752
add to such school district any part of the school district 10753
adjoining same, and with the consent of the school board of the 10754
school district involved, may detach territory from such school 10755
district and annex same to an adjoining district. Provided, 10756
however, that the consent of the school board of the school 10757
districts involved in implementing the provisions of Section 10758
37-7-104, 37-7-104.2, 37-7-104.3, 37-7-104.4, 37-7-104.5, 10759
37-7-104.6, 37-7-104.7 * * *, 37-7-104.8 or 37-104.10 shall not be 10760
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required for the administrative * * * restructuring of such school 10761
districts pursuant to the order of the State Board of Education. 10762
SECTION 136. Section 37-5-7, Mississippi Code of 1972, is 10763
amended as follows: 10764
37-5-7. (1) On the first Tuesday after the first Monday in 10765
May * * * 1954, an election shall be held in each county in this 10766
state in the same manner as general state and county elections are 10767
held and conducted, which election shall be held for the purpose 10768
of electing the county boards of education established under the 10769
provisions of this chapter. At such election, the members of the 10770
said board from Supervisors Districts * * * 1 and * * * 2 shall be 10771
elected for the term expiring on the first Monday of January * * * 10772
1957; members of the board from Supervisors Districts * * * 3 10773
and * * * 4 shall be elected for a term expiring on the first 10774
Monday of January * * * 1959; and the member of the board from 10775
Supervisors District * * * 5 shall be elected for a term expiring 10776
on the first Monday of January * * * 1955. Except as otherwise 10777
provided in subsection (2), all subsequent members of the board 10778
shall be elected for a term of six (6) years at the regular 10779
general election held on the first Monday in November next 10780
preceding the expiration of the term of office of the respective 10781
member or members of such board. All members of the county board 10782
of education as herein constituted, shall take office on the first 10783
Monday of January following the date of their election. 10784
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(2) On the first Tuesday after the first Monday in November, 10785
in any year in which any county shall elect to utilize the 10786
authority contained in Section 37-5-1(2), an election shall be 10787
held in each such county in this state for the purpose of electing 10788
the county boards of education in such counties. At said election 10789
the members of the said county board of education from 10790
Districts * * * 1 and * * * 2 shall be elected for a term of four 10791
(4) years, the members from Districts * * * 3 and * * * 4 shall be 10792
elected for a term of six (6) years, and the member from 10793
District * * * 5 shall be elected for a term of two (2) years. 10794
Thereafter, members shall be elected at general elections as 10795
vacancies occur for terms of six (6) years each. All members of 10796
the county board of education shall take office on the first 10797
Monday of January following the date of their election. 10798
(3) (a) Current members of the Board of Trustees of the 10799
Greenwood Public School District serving on November 1, 2017, 10800
shall continue in office as the new County Board of Education of 10801
the Greenwood-Leflore School District until their successors are 10802
elected as follows: 10803
(i) The two (2) appointed board members of the 10804
Greenwood Public School District whose terms are nearest to 10805
expiration shall expire on January 1, 2019, and thereafter become 10806
permanently elected positions to be filled by persons elected as 10807
board members from Supervisors Districts 2 and 3 in a November 10808
2018 election held for that purpose, in the manner prescribed in 10809
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Section 37-7-203, and the newly elected members will take office 10810
on January 1, 2019, for a term of four (4) years; 10811
(ii) The final two (2) appointed board members of 10812
the Greenwood Public School District whose terms are the farthest 10813
removed from expiration shall expire on January 1, 2020, and 10814
thereafter become permanently elected positions to be filled by 10815
persons elected as board members from Supervisors Districts 4 and 10816
5 in a November 2019 election held for that purpose, in the manner 10817
prescribed in Section 37-7-203, and the newly elected members will 10818
take office on January 1, 2020, for a term of four (4) years; and 10819
(iii) One (1) appointed board member of the 10820
Greenwood Public School District whose term is next nearest to 10821
expiration shall expire on January 1, 2021, and thereafter become 10822
a permanently elected position to be filled by a person elected as 10823
a board member from Supervisors District 1 in a November 2020 10824
election held for that purpose, in the manner prescribed in 10825
Section 37-7-203, and the newly elected members will take office 10826
on January 1, 2021, for a term of four (4) years. 10827
(b) All subsequent members shall be elected for a term 10828
of four (4) years at the regular general election held on the 10829
first Monday in November next preceding the expiration of the term 10830
of office of the respective members, and shall take office on 10831
January 1 next succeeding the election. 10832
(4) On the first Tuesday after the first Monday in November 10833
2017, an election shall be held in Holmes County for the purpose 10834
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of electing the county board of education in the new Holmes County 10835
Consolidated School District. At the election, the members of the 10836
said county board of education shall be elected from single member 10837
board of education districts, which shall be consistent with the 10838
supervisors district lines in the county, and shall be elected for 10839
an initial term of six (6) years. Subsequent elections for the 10840
Holmes County Board of Education shall be held on the first 10841
Tuesday after the first Monday in November 2023 and every four (4) 10842
years thereafter at the same time and manner as other general 10843
elections are held, and the member shall be elected for a term of 10844
four (4) years. All members of the county board of education in 10845
the new Holmes County Consolidated School District shall take 10846
office on the first Monday of January following the date of their 10847
election. 10848
(5) On the first Tuesday after the first Monday in November 10849
2023, an election shall be held in Chickasaw County for the 10850
purpose of electing the county board of education in the new 10851
Chickasaw County School District. The board of supervisors shall 10852
declare and designate posts for each member of the new board. At 10853
said election, the members of the said county board of education 10854
from Posts One and Two shall be elected for a term of four (4) 10855
years, the members from Posts Three and Four shall be elected for 10856
a term of three (3) years and the member from Post Five shall be 10857
elected for a term of two (2) years. Thereafter, members shall be 10858
elected at general elections as vacancies occur for terms of four 10859
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(4) years each. All members of the county board of education in 10860
the new Chickasaw County School District shall take office on the 10861
first Monday of January following the date of their election. 10862
(6) On the first Tuesday after the first Monday in November 10863
2027, an election shall be held in Copiah County for the purpose 10864
of electing the county board of education in the new Copiah County 10865
School District. The board of supervisors shall declare and 10866
designate posts for each member of the new board. At the 10867
election, the members of the said county board of education shall 10868
be elected from single member board of education districts, which 10869
shall be consistent with the supervisors district lines in the 10870
county, and shall be elected for an initial term of six (6) years. 10871
Subsequent elections for the Copiah County Board of Education 10872
shall be held on the first Tuesday after the first Monday in 10873
November 2033 and every four (4) years thereafter at the same time 10874
and manner as other general elections are held, and the member 10875
shall be elected for a term of four (4) years. All members of the 10876
county board of education in the new Copiah County School District 10877
shall take office on the first Monday of January following the 10878
date of their election. 10879
SECTION 137. Section 37-13-8, Mississippi Code of 1972, is 10880
amended as follows: 10881
37-13-8. (1) In each public school classroom, the local 10882
school governing board may * * * designate a * * * period of * * * 10883
reflection * * * at the opening of school upon every school day in 10884
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which nonsectarian, nonproselytizing student-initiated prayer must 10885
be allowed in silence or audible communication for those students 10886
desiring to voluntarily participate. 10887
(2) The moment of * * * reflection authorized by subsection 10888
(1) of this section is not intended to be and shall not be 10889
conducted as a religious service or exercise but is considered an 10890
opportunity for a moment of * * * reflection that does not 10891
conflict with the authority granted under Sections 37-13-4 and 10892
37-13-4.1. 10893
SECTION 138. Section 37-13-4, Mississippi Code of 1972, is 10894
brought forward as follows: 10895
37-13-4. It shall be lawful for any teacher or school 10896
administrator in any of the schools of the state which are 10897
supported, in whole or in part, by the public funds of the state, 10898
to permit the voluntary participation by students or others in 10899
prayer. Nothing contained in this section shall authorize any 10900
teacher or other school authority to prescribe the form or content 10901
of any prayer. The provisions of this section shall not be 10902
construed to amend or repeal the provisions of Section 37-13-4.1 10903
but shall be considered as supplemental and in addition to the 10904
provisions of Section 37-13-4.1. 10905
SECTION 139. Section 37-13-4.1, Mississippi Code of 1972, is 10906
amended as follows: 10907
37-13-4.1. (1) The legislative intent and purpose for this 10908
section is to protect the freedom of speech guaranteed by the 10909
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First Amendment to the United States Constitution, to define for 10910
the citizens of Mississippi the rights and privileges that are 10911
accorded them on public school property, other public property or 10912
other property at school-related events; and to provide guidance 10913
to public school officials on the rights and requirements of law 10914
that they must apply. The intent and purpose of the Legislature 10915
is to accommodate the free exercise of religious rights of its 10916
student citizens in the public schools and at public school events 10917
as provided to them by the First Amendment to the United States 10918
Constitution and the judicial interpretations thereof as given by 10919
the United States Supreme Court. 10920
(2) On public school property, other public property or 10921
other property, invocations, benedictions or nonsectarian, 10922
nonproselytizing student-initiated voluntary prayer shall be 10923
permitted during compulsory or noncompulsory school-related 10924
student assemblies, student sporting events, graduation or 10925
commencement ceremonies and other school-related student events. 10926
The local school board may designate a period of reflection or 10927
prayer during school-related student events at which prayer is 10928
permitted under this subsection. 10929
(3) This section shall not diminish the right of any student 10930
or person to exercise his rights of free speech and religion, 10931
including prayer, as permitted by the United States Constitution, 10932
on public school property, other public property or other 10933
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property, at times or events other than those stated in subsection 10934
(2) of this section. 10935
(4) The exercise of the rights guaranteed under subsection 10936
(2) of this section shall not be construed to indicate any 10937
support, approval or sanction of the contents of any such prayer, 10938
invocation, benediction or other activity, or be construed as an 10939
unconstitutional use of any public property or other property by 10940
the State of Mississippi or any agency, department, board, 10941
commission, institution or other instrumentality thereof or any 10942
political subdivision of the state, including any county or 10943
municipality and any instrumentality thereof. The exercise of 10944
these rights on public school property, other public property or 10945
on other property for school-related activities, by students or 10946
others, shall not be construed as the promotion or establishment 10947
of any religion or religious belief. 10948
(5) The provisions of this section are severable. If any 10949
part of this section is declared invalid or unconstitutional, that 10950
declaration shall not affect the part or parts that remain. 10951
SECTION 140. Section 7-9-9, Mississippi Code of 1972, is 10952
amended as follows: 10953
7-9-9. (1) It shall be the duty of the State Treasurer to 10954
receive and keep the * * * monies of the state in the manner 10955
provided by law, to disburse the same agreeably to law, and to 10956
take receipts or vouchers for * * * monies which he shall 10957
disburse. He shall: 10958
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(a) Keep regular, fair * * * and proper accounts of the 10959
receipts and expenditures of the public money; * * * 10960
(b) Keep accounts in his books in the name of the 10961
state, in which he shall enter the amount of all money, stock, 10962
securities * * * and all other property in the Treasury or which 10963
may at any time be received by him, keeping the receipts and 10964
disbursements of each fiscal year in separate accounts, and 10965
closing the same with the close of the fiscal year; and * * * 10966
(c) Open and keep accounts in his books for all 10967
appropriations of money made by law, so that the appropriation of 10968
money and the application thereof in conformity thereto may 10969
clearly and distinctly appear on the books of the Treasury. 10970
(2) In addition to the duties prescribed in subsection (1) 10971
of this section, the State Treasurer shall administer the 10972
Mississippi Education Freedom Act, established under the 10973
provisions of Sections 37-190-1 et seq., and take any necessary 10974
actions to ensure the fidelity of the program through the 10975
promulgation of rules and regulations for purposes thereof. 10976
SECTION 141. Section 37-15-30, Mississippi Code of 1972, is 10977
amended as follows: 10978
37-15-30. (1) Notwithstanding any provision of law, a pupil 10979
complies with the residency requirements for school attendance in 10980
a school district if the parent of the pupil is transferred to, or 10981
is pending transfer to, a military installation within this state 10982
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while on active military duty pursuant to an official military 10983
order. 10984
(2) A school district shall accept an application for 10985
enrollment and course registration by electronic means for a pupil 10986
who meets the requirements prescribed in subsection (1) of this 10987
section, including enrollment in a specific school or program 10988
within the school district. 10989
(3) The parent of a pupil who meets the requirement 10990
prescribed in subsection (1) of this section shall provide proof 10991
of residence to the school district within ten (10) days after the 10992
published arrival date provided on official documentation * * *, 10993
in the following manners: 10994
(a) The parent may use the address of any of the 10995
following as proof of residence for the purposes of this 10996
subsection: 10997
( * * *i) A temporary on-base billeting 10998
facility * * *; 10999
( * * *ii) A purchased or leased home or 11000
apartment * * *; or 11001
( * * *iii) Any federal government housing or 11002
off-base military housing, including off-base military housing 11003
that may be provided through a public-private venture * * *; and 11004
(b) (i) To further establish proof of residence, the 11005
parent or legal guardian with whom the student resides shall 11006
provide a current, valid Mississippi automobile registration 11007
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issued in the name of the parent or legal guardian and reflecting 11008
the residential address at which the student resides. The 11009
automobile registration shall constitute acceptable proof of 11010
residence, subject to verification by the school district. 11011
Additionally, the school district shall require the submission of 11012
any two (2) additional documentation it deems necessary to 11013
accurately verify residency. 11014
(ii) If the parent or legal guardian with whom the 11015
student resides does not own a motor vehicle, he or she shall 11016
submit a signed affidavit, under penalty of perjury, attesting 11017
that no motor vehicle is owned and affirming the student's actual 11018
residence at the stated address within the enrolling school 11019
district. Additionally, the school district shall require the 11020
submission of any two (2) additional documentation it deems 11021
necessary to accurately verify residency, including, but not 11022
limited to, utility bills, lease or rental agreements, mortgage 11023
statements, property tax receipts, voter registration records and 11024
precinct identification, government benefit correspondence or 11025
other reliable evidence of domicile within the enrolling school 11026
district. 11027
(4) For the purposes of this section: 11028
(a) "Active military duty" means full-time military 11029
duty status in the active uniformed service of the United States, 11030
including members of the National Guard and the State Military 11031
Reserve on active duty orders. 11032
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(b) "Military installation" means a base, camp, post, 11033
station, yard, center, homeport facility for any ship, or other 11034
installation under the jurisdiction of the United States 11035
Department of Defense or the United States Coast Guard. 11036
SECTION 142. (1) The Legislature finds that: 11037
(a) Federal education funds authorized under the 11038
Elementary and Secondary Education Act of 1965, as amended by the 11039
Every Student Succeeds Act (ESEA) impose substantial 11040
administrative and compliance obligations on state and local 11041
education agencies; 11042
(b) Excessive administrative burden diverts financial 11043
and human resources away from direct instructional improvement and 11044
student support; 11045
(c) Greater flexibility in the administration of 11046
federal education funds would enable Mississippi to better align 11047
federal resources with state and local education priorities; and 11048
(d) Section 8401(a)(1) of the ESEA authorizes the 11049
United States Secretary of Education to waive specific federal 11050
statutory or regulatory requirements to advance student academic 11051
achievement. 11052
(2) It is therefore the intent of the Legislature to require 11053
the State Department of Education to develop and submit a Unified 11054
Allocation Plan to the United States Department of Education 11055
seeking a federal waiver to modernize, consolidate and streamline 11056
federal education program administration, thereby redirecting 11057
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resources from compliance activities to classroom instruction and 11058
student services. 11059
(3) For purpose of this section, the following terms shall 11060
have the meanings ascribed in this subsection, unless context of 11061
use clearly requires otherwise: 11062
(a) "Department" means the State Department of 11063
Education. 11064
(b) "Unified Allocation Plan" means a comprehensive 11065
plan consolidating eligible administrative and state-level 11066
activities across multiple ESEA programs to increase flexibility, 11067
reduce duplicative reporting and align federal resources with 11068
Mississippi's education priorities. 11069
(c) "USED" means the United States Department of 11070
Education. 11071
(d) "ESEA program" includes, but is not limited to, 11072
(i) Title I, Part A (Basic Programs), prescribed 11073
in the ESEA Sections 1127(b) and 8303; 11074
(ii) Title I, Part C (Migrant), prescribed in the 11075
ESEA in Section 1306(b) and 8303(a),(b) and (c); 11076
(iii) Title I, Part D (Neglected and Delinquent), 11077
prescribed in the ESEA Section 8303(a),(b) and(c); 11078
(iv) Title II, Part A (Supporting Effective 11079
Instruction), prescribed in the ESEA Sections 2101(d), 2104(a) and 11080
8303(a),(b) and (c); 11081
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(v) Title III, Part A (English Language Learners), 11082
prescribed in the ESEA Section 8303(a),(b) and (c); 11083
(vi) Title IV, Part A (Student Support and 11084
Academic Enrichment), prescribed in the ESEA Section 8303(a),(b) 11085
and (c); 11086
(vii) Title IV, Part B (21st Century Community 11087
Learning Centers), prescribed in the ESEA Section 8303(a),(b) and 11088
(c); and 11089
(viii) Title V (Rural Education Achievement 11090
Program), prescribed in the ESEA Sections 5224 and 8303(a),(b) and 11091
(c). 11092
(4) (a) On or before December 31, 2026, the State 11093
Department of Education shall submit to the United States 11094
Department of Education a Unified Allocation Plan together with a 11095
formal request for waiver authority pursuant to Section 8401(a)(1) 11096
of the ESEA, through which the consolidation of funds will enable 11097
the State Department of Education to: 11098
(i) Direct administrative funds toward broader 11099
cross-program activities, such as technical assistance, 11100
dissemination of best practices, enhanced monitoring and fiscal 11101
support teams (8201(b)(2)(A)–(I)); 11102
(ii) Streamline financial tracking and reporting 11103
using proportional allocation methods across the consolidated 11104
fund; 11105
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(iii) Eliminate duplicative recordkeeping 11106
otherwise required when each program maintains separate 11107
administrative cost records (8201(c)); and 11108
(iv) Apply unused administrative funds toward 11109
programmatic priorities in alignment with Title I and other 11110
programs (8201(e) and (f)). 11111
(b) The waiver request shall request that USED give 11112
full consideration to waiving specific federal statutory or 11113
regulatory requirements necessary to implement Mississippi's 11114
Unified Allocation Plan in order to: 11115
(i) Align ESSA programs and federal resources with 11116
Mississippi's ESSA State Plan priorities; 11117
(ii) Strengthen school improvement strategies 11118
informed by Mississippi's accountability determinations, 11119
assessments and data systems; and 11120
(iii) Support local school districts in 11121
prioritizing services for students most in need of academic and 11122
nonacademic support. 11123
(5) (a) The Unified Allocation Plan submitted by the 11124
department shall, at a minimum: 11125
(i) Identify the federal ESEA programs affected by 11126
the requested waiver; 11127
(ii) Specify the federal statutory or regulatory 11128
requirements proposed to be waived; 11129
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(iii) Describe how the requested waivers will 11130
advance student academic achievement, reduce administrative burden 11131
and redirect resources to instructional improvement; 11132
(iv) Describe the methods by which the department 11133
will monitor and regularly evaluate the effectiveness of the 11134
Unified Allocation Plan; 11135
(v) Include only information directly related to 11136
the waiver request; and 11137
(vi) Describe how schools will continue to provide 11138
services and protections to the same student populations served 11139
under existing ESEA programs, including students from low-income 11140
families, English learners, migratory students, neglected or 11141
delinquent youth, students experiencing homelessness and students 11142
in rural communities. 11143
(b) The Unified Allocation Plan shall be organized into 11144
the following three (3) phases, aligned to Mississippi's ESSA 11145
State Plan framework: 11146
(i) Phase I: State educational agency 11147
flexibility, which serves as the ESSA waiver request, focused on 11148
consolidating state-level administrative and state-level activity 11149
funds across eligible ESEA programs, streamlining reporting 11150
requirements and reducing duplicative compliance obligations to 11151
maximize alignment with Mississippi's statewide education 11152
priorities; 11153
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(ii) Phase II: Local educational agency 11154
flexibility, which provides for the pursuit of additional 11155
flexibility for local school districts through available federal 11156
waiver mechanisms, including Education Flexibility Partnership 11157
(Ed-Flex) authority and existing ESSA administrative 11158
flexibilities, to allow districts to administer federal funds in a 11159
manner responsive to local needs; and 11160
(iii) Phase III: Equitable services opt-in 11161
options, which shall establish voluntary opt-in administrative 11162
options allowing school districts and nonpublic schools, through 11163
meaningful consultation, to utilize third-party providers to 11164
administer equitable services, without requesting additional 11165
federal waivers. 11166
(6) The department shall: 11167
(a) Ensure that all federal civil rights protections 11168
and core accountability requirements under the ESEA remain in 11169
effect; and 11170
(b) Annually evaluate and report to the Legislature on 11171
the impact of the Unified Allocation Plan on student achievement, 11172
administrative efficiency and resource reallocation. 11173
(7) Nothing in this section shall be construed to waive or 11174
diminish Mississippi's obligations under ESSA relating to maintain 11175
academic standards, statewide assessments, or public reporting 11176
requirements required under federal law unless expressly approved 11177
by USED. 11178
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ST: "Mississippi Educational Freedom Program
Act of 2026"; establish to provide greater
flexibility and opportunity for school choice.
SECTION 143. If any one or more sections, clauses, sentences 11179
or parts of this act shall for any reason be questioned in any 11180
court and shall be adjudged unconstitutional or invalid, such 11181
judgment shall not affect, impair or invalidate the remaining 11182
provisions of this act, but shall be confined in its operations to 11183
the specific provisions so held invalid, and inapplicability or 11184
invalidity of any such section, clause, provision or part shall 11185
not be taken to affect or prejudice in any way the remaining part 11186
or parts of this act. 11187
SECTION 144. Sections 114 through 122 of this act shall take 11188
effect and be in force from and after its passage. The remaining 11189
provisions of this act shall take effect and be in force from and 11190
after July 1, 2026. 11191