Expert citizen teachers; provide rate of compensation for those employed in critical shortage areas.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Sanford, Foster

HOUSE BILL NO. 422

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