"MS Charter School Act of 2013"; bring forward provisions related to.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Boyd (19th)

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 517

AN ACT TO BRING FORWARD 37-28-1, 37-28-3, 37-28-5, 37-28-7, 1
37-28-9, 37-28-11, 37-28-13, 37-28-15, 37-28-17, 37-28-19, 2
37-28-21, 37-28-23, 37-28-25, 37-28-27, 37-28-29, 37-28-31, 3
37-28-33, 37-28-35, 37-28-37, 37-28-39, 37-28-41, 37-28-43, 4
37-28-45, 37-28-47, 37-28-49, 37-28-51, 37-28-53, 37-28-55, 5
37-28-57, 37-28-59 AND 37-28-61, MISSISSIPPI CODE OF 1972, WHICH 6
ARE PROVISIONS PROVIDING FOR THE ESTABLISHMENT, GOVERNANCE AND 7
ADMINISTRATION OF THE "MISSISSIPPI CHARTER SCHOOL ACT OF 2013," 8
FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 37-28-1, Mississippi Code of 1972, is 11
brought forward as follows: 12
37-28-1. This chapter shall be known and may be cited as the 13
"Mississippi Charter Schools Act of 2013." 14
SECTION 2. Section 37-28-3, Mississippi Code of 1972, is 15
brought forward as follows: 16
37-28-3. (1) The Legislature finds and declares that the 17
general purposes of the state's charter schools are as follows: 18
(a) To improve student learning by creating 19
high-quality schools with high standards for student performance; 20
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(b) To close achievement gaps between high-performing 21
and low-performing groups of public school students; 22
(c) To increase high-quality educational opportunities 23
within the public education system for all students, especially 24
those with a likelihood of academic failure; 25
(d) To create new professional opportunities for 26
teachers, school administrators and other school personnel which 27
allow them to have a direct voice in the operation of their 28
schools; 29
(e) To encourage the use of different, high-quality 30
models of teaching, governing, scheduling and other aspects of 31
schooling which meet a variety of student needs; 32
(f) To allow public schools freedom and flexibility in 33
exchange for exceptional levels of results driven accountability; 34
(g) To provide students, parents, community members and 35
local entities with expanded opportunities for involvement in the 36
public education system; and 37
(h) To encourage the replication of successful charter 38
schools. 39
(2) All charter schools in the state established under this 40
chapter are public schools and are part of the state's public 41
education system. 42
(3) No provision of this chapter may be interpreted to allow 43
the conversion of private schools into charter schools. 44
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SECTION 3. Section 37-28-5, Mississippi Code of 1972, is 45
brought forward as follows: 46
37-28-5. As used in this chapter, the following words and 47
phrases have the meanings ascribed in this section unless the 48
context clearly indicates otherwise: 49
(a) "Applicant" means any person or group that develops 50
and submits an application for a charter school to the authorizer. 51
(b) "Application" means a proposal from an applicant to 52
the authorizer to enter into a charter contract whereby the 53
proposed school obtains charter school status. 54
(c) "Authorizer" means the Mississippi Charter School 55
Authorizer Board established under Section 37-28-7 to review 56
applications, decide whether to approve or reject applications, 57
enter into charter contracts with applicants, oversee charter 58
schools, and decide whether to renew, not renew, or revoke charter 59
contracts. 60
(d) "Charter contract" means a fixed-term, renewable 61
contract between a charter school and the authorizer which 62
outlines the roles, powers, responsibilities and performance 63
expectations for each party to the contract. 64
(e) "Charter school" means a public school that is 65
established and operating under the terms of charter contract 66
between the school's governing board and the authorizer. The term 67
"charter school" includes a conversion charter school and start-up 68
charter school. 69
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(f) "Conversion charter school" means a charter school 70
that existed as a noncharter public school before becoming a 71
charter school. 72
(g) "Education service provider" means a charter 73
management organization, school design provider or any other 74
partner entity with which a charter school intends to contract for 75
educational design, implementation or comprehensive management. 76
(h) "Governing board" means the independent board of a 77
charter school which is party to the charter contract with the 78
authorizer and whose members have been elected or selected 79
pursuant to the school's application. 80
(i) "Noncharter public school" means a public school 81
that is under the direct management, governance and control of a 82
school board or the state. 83
(j) "Parent" means a parent, guardian or other person 84
or entity having legal custody of a child. 85
(k) "School board" means a school board exercising 86
management and control over a local school district and the 87
schools of that district pursuant to the State Constitution and 88
state statutes. 89
(l) "School district" means a governmental entity that 90
establishes and supervises one or more public schools within its 91
geographical limits pursuant to state statutes. 92
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(m) "Start-up charter school" means a charter school 93
that did not exist as a noncharter public school before becoming a 94
charter school. 95
(n) "Student" means any child who is eligible for 96
attendance in a public school in the state. 97
(o) "Underserved students" means students qualifying as 98
low-income or qualifying for a special education program under 99
Section 37-151-201. 100
SECTION 4. Section 37-28-7, Mississippi Code of 1972, is 101
brought forward as follows: 102
37-28-7. (1) There is created the Mississippi Charter 103
School Authorizer Board as a state agency with exclusive 104
chartering jurisdiction in the State of Mississippi. Unless 105
otherwise authorized by law, no other governmental agency or 106
entity may assume any charter authorizing function or duty in any 107
form. 108
(2) (a) The mission of the Mississippi Charter School 109
Authorizer Board is to authorize high-quality charter schools, 110
particularly schools designed to expand opportunities for 111
underserved students, consistent with the purposes of this 112
chapter. Subject to the restrictions and conditions prescribed in 113
this subsection, the Mississippi Charter School Authorizer Board 114
may authorize charter schools within the geographical boundaries 115
of any school district. 116
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(b) The Mississippi Charter School Authorizer Board may 117
approve a maximum of fifteen (15) qualified charter applications 118
during a fiscal year. 119
(c) In any school district designated as an "A," "B" or 120
"C" school district by the State Board of Education under the 121
accreditation rating system at the time of application, the 122
Mississippi Charter School Authorizer Board may authorize charter 123
schools only if a majority of the members of the local school 124
board votes at a public meeting to endorse the application or to 125
initiate the application on its own initiative. 126
(3) The Mississippi Charter School Authorizer Board shall 127
consist of seven (7) members, to be appointed as follows: 128
(a) Three (3) members appointed by the Governor, with 129
one (1) member being from each of the Mississippi Supreme Court 130
Districts. 131
(b) Three (3) members appointed by the Lieutenant 132
Governor, with one (1) member being from each of the Mississippi 133
Supreme Court Districts. 134
(c) One (1) member appointed by the State 135
Superintendent of Public Education. 136
All appointments must be made with the advice and consent of 137
the Senate. In making the appointments, the appointing authority 138
shall ensure diversity among members of the Mississippi Charter 139
School Authorizer Board. 140
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(4) Members appointed to the Mississippi Charter School 141
Authorizer Board collectively must possess strong experience and 142
expertise in public and nonprofit governance, management and 143
finance, public school leadership, assessment, curriculum and 144
instruction, and public education law. Each member of the 145
Mississippi Charter School Authorizer Board must have demonstrated 146
an understanding of and commitment to charter schooling as a 147
strategy for strengthening public education. 148
(5) To establish staggered terms of office, the initial term 149
of office for the three (3) Mississippi Charter School Authorizer 150
Board members appointed by the Governor shall be four (4) years 151
and thereafter shall be three (3) years; the initial term of 152
office for the three (3) members appointed by the Lieutenant 153
Governor shall be three (3) years and thereafter shall be three 154
(3) years; and the initial term of office for the member appointed 155
by the State Superintendent of Public Education shall be two (2) 156
years and thereafter shall be three (3) years. No member may 157
serve more than two (2) consecutive terms. The initial 158
appointments must be made before September 1, 2013. 159
(6) The Mississippi Charter School Authorizer Board shall 160
meet as soon as practical after September 1, 2013, upon the call 161
of the Governor, and shall organize for business by selecting a 162
chairman and adopting bylaws. Subsequent meetings shall be called 163
by the chairman. 164
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(7) An individual member of the Mississippi Charter School 165
Authorizer Board may be removed by the board if the member's 166
personal incapacity renders the member incapable or unfit to 167
discharge the duties of the office or if the member is absent from 168
a number of meetings of the board, as determined and specified by 169
the board in its bylaws. Whenever a vacancy on the Mississippi 170
Charter School Authorizer Board exists, the original appointing 171
authority shall appoint a member for the remaining portion of the 172
term. 173
(8) No member of the Mississippi Charter School Authorizer 174
Board or employee, agent or representative of the board may serve 175
simultaneously as an employee, trustee, agent, representative, 176
vendor or contractor of a charter school authorized by the board. 177
(9) The Mississippi Charter School Authorizer Board shall 178
appoint an individual to serve as the Executive Director of the 179
Mississippi Charter School Authorizer Board. The executive 180
director shall possess the qualifications established by the board 181
which are based on national best practices, and shall possess an 182
understanding of state and federal education law. The executive 183
director, who shall serve at the will and pleasure of the board, 184
shall devote his full time to the proper administration of the 185
board and the duties assigned to him by the board and shall be 186
paid a salary established by the board, subject to the approval of 187
the State Personnel Board. Subject to the availability of 188
funding, the executive director may employ such administrative 189
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staff as may be necessary to assist the director and board in 190
carrying out the duties and directives of the Mississippi Charter 191
School Authorizer Board. 192
(10) The Mississippi Charter School Authorizer Board is 193
authorized to obtain suitable office space for administrative 194
purposes. In acquiring a facility or office space, the authorizer 195
board shall adhere to all policies and procedures required by the 196
Department of Finance and Administration and the Public 197
Procurement Review Board. 198
SECTION 5. Section 37-28-9, Mississippi Code of 1972, is 199
brought forward as follows: 200
37-28-9. (1) The authorizer is responsible for exercising, 201
in accordance with this chapter, the following powers and duties: 202
(a) Developing chartering policies and maintaining 203
practices consistent with nationally recognized principles and 204
standards for quality charter authorizing in all major areas of 205
authorizing responsibility, including: 206
(i) Organizational capacity and infrastructure; 207
(ii) Solicitation and evaluation of charter 208
applications; 209
(iii) Performance contracting; 210
(iv) Ongoing charter school oversight and 211
evaluation; and 212
(v) Charter renewal decision-making; 213
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(b) Approving quality charter applications that meet 214
identified educational needs and promote a diversity of 215
educational choices; 216
(c) Declining to approve weak or inadequate charter 217
applications; 218
(d) Negotiating and executing charter contracts with 219
approved charter schools; 220
(e) Monitoring, in accordance with charter contract 221
terms, the performance and legal compliance of charter schools; 222
(f) Determining whether each charter contract merits 223
renewal, nonrenewal or revocation; and 224
(g) Applying for any federal funds that may be 225
available for the implementation of charter school programs. 226
(2) The authorizer shall carry out all its duties under this 227
chapter in a manner consistent with nationally recognized 228
principles and standards and with the spirit and intent of this 229
act. 230
(3) The authorizer may delegate its duties to the executive 231
director and general counsel. 232
(4) Regulation by the authorizer shall be limited to those 233
powers and duties prescribed in this section and all others 234
prescribed by law, consistent with the spirit and intent of this 235
chapter. 236
(5) Except in the case of gross negligence or reckless 237
disregard of the safety and well-being of another person, the 238
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authorizer, members of the authorizer board in their official 239
capacity, and employees of the authorizer in their official 240
capacity are immune from civil liability with respect to all 241
activities related to a charter school approved by the authorizer. 242
SECTION 6. Section 37-28-11, Mississippi Code of 1972, is 243
brought forward as follows: 244
37-28-11. (1) To cover the costs of overseeing charter 245
schools in accordance with this chapter, the authorizer shall 246
receive three percent (3%) of annual per-pupil allocations 247
received by a charter school from state and local funds for each 248
charter school it authorizes. 249
(2) The authorizer may receive appropriate gifts, grants and 250
donations of any kind from any public or private entity to carry 251
out the purposes of this chapter, subject to all lawful terms and 252
conditions under which the gifts, grants or donations are given. 253
(3) The authorizer may expend its resources, seek grant 254
funds and establish partnerships to support its charter school 255
authorizing activities. 256
SECTION 7. Section 37-28-13, Mississippi Code of 1972, is 257
brought forward as follows: 258
37-28-13. (1) Upon request, the State Department of 259
Education shall assist the Mississippi Charter School Authorizer 260
Board with implementing the authorizer's decisions by providing 261
such technical assistance and information as may be necessary for 262
the implementation of this chapter. 263
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(2) Before July 1 of each year, the authorizer shall publish 264
a pamphlet, which may be in electronic form, containing: 265
(a) All statutes in Title 37, Mississippi Code of 1972, 266
which are applicable to the charter schools; 267
(b) Any rules, regulations and policies adopted by the 268
State Superintendent of Public Education, the State Board of 269
Education or the State Department of Education with which charter 270
schools must comply by virtue of the applicability to charter 271
schools, as well as other public schools, of the state law to 272
which those relevant rules, regulations and policies pertain; and 273
(c) Any other state and federal laws and matters that 274
are relevant to the establishment and operation of charter schools 275
in the State of Mississippi. 276
The Mississippi Charter School Authorizer Board shall make 277
the pamphlet available to the public on the board's website and 278
shall notify all prospective applicants of the pamphlet. 279
SECTION 8. Section 37-28-15, Mississippi Code of 1972, is 280
brought forward as follows: 281
37-28-15. (1) To solicit, encourage and guide the 282
development of quality charter school applications, the authorizer 283
shall issue and publicize a request for proposals before September 284
1 of each year; however, during 2013, the authorizer shall issue 285
and publicize a request for proposals before December 1. The 286
content and dissemination of the request for proposals must be 287
consistent with the purposes and requirements of this chapter. 288
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(2) The authorizer annually shall establish and disseminate 289
a statewide timeline for charter approval or denial decisions. 290
(3) The authorizer's request for proposals must include the 291
following: 292
(a) A clear statement of any preferences the authorizer 293
wishes to grant to applications intended to help underserved 294
students; 295
(b) A description of the performance framework that the 296
authorizer has developed for charter school oversight and 297
evaluation in accordance with Section 37-28-29; 298
(c) The criteria that will guide the authorizer's 299
decision to approve or deny a charter application; and 300
(d) A clear statement of appropriately detailed 301
questions, as well as guidelines, concerning the format and 302
content essential for applicants to demonstrate the capacities 303
necessary to establish and operate a successful charter school. 304
(4) In addition to all other requirements, the request for 305
proposals must require charter applications to provide or describe 306
thoroughly all of the following mandatory elements of the proposed 307
school plan: 308
(a) An executive summary; 309
(b) The mission and vision of the proposed charter 310
school, including identification of the targeted student 311
population and the community the school hopes to serve; 312
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(c) The location or geographic area proposed for the 313
school; 314
(d) The grades to be served each year for the full term 315
of the charter contract; 316
(e) Minimum, planned and maximum enrollment per grade 317
per year for the term of the charter contract; 318
(f) Evidence of need and community support for the 319
proposed charter school; 320
(g) Background information, including proof of United 321
States citizenship, on the applicants, the proposed founding 322
governing board members and, if identified, members of the 323
proposed school leadership and management team. The background 324
information must include annual student achievement data, 325
disaggregated by subgroup, for every school under the current or 326
prior management of each board member and leadership team member; 327
(h) The school's proposed calendar, including the 328
proposed opening and closing dates for the school term, and a 329
sample daily schedule. The school must be kept in session no less 330
than the minimum number of school days established for all public 331
schools in Section 37-13-63; 332
(i) A description of the school's academic program, 333
aligned with state standards; 334
(j) A description of the school's instructional design, 335
including the type of learning environment (such as 336
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classroom-based or independent study), class size and structure, 337
curriculum overview and teaching methods; 338
(k) The school's plan for using internal and external 339
assessments to measure and report student progress on the 340
performance framework developed by the authorizer in accordance 341
with Section 37-28-29; 342
(l) The school's plan for identifying and successfully 343
serving students with disabilities (including all of the school's 344
proposed policies pursuant to the Individuals with Disabilities 345
Education Improvement Act of 2004, 20 USCS Section 1400 et seq., 346
Section 504 of the Rehabilitation Act of 1973, 29 USCS Section 347
794, and Title 11 of the Americans with Disabilities Act, 42 USCS 348
Section 12101 et seq., and the school's procedures for securing 349
and providing evaluations and related services pursuant to federal 350
law), students who are English language learners, students who are 351
academically behind, and gifted students, including, but not 352
limited to, compliance with any applicable laws and regulations; 353
(m) A description of cocurricular or extracurricular 354
programs and how those programs will be funded and delivered; 355
(n) Plans and timelines for student recruitment and 356
enrollment, including lottery policies and procedures that ensure 357
that every student has an equal opportunity to be considered in 358
the lottery and that the lottery is equitable, randomized, 359
transparent and impartial so that students are accepted in a 360
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charter school without regard to disability, income level, race, 361
religion or national origin; 362
(o) The school's student discipline policies, including 363
those for special education students; 364
(p) An organizational chart that clearly presents the 365
school's organizational structure, including lines of authority 366
and reporting between the governing board, education service 367
provider, staff, related bodies (such as advisory bodies or parent 368
and teacher councils), and all other external organizations that 369
will play a role in managing the school; 370
(q) A clear description of the roles and 371
responsibilities of the governing board, education service 372
provider, school leadership team, management team and all other 373
entities shown in the organizational chart; 374
(r) A staffing chart for the school's first year, and a 375
staffing plan for the term of the charter; 376
(s) Plans for recruiting and developing school 377
leadership and staff, which may not include utilization of 378
nonimmigrant foreign worker visa programs; 379
(t) The school's leadership and teacher employment 380
policies, including performance evaluation plans; 381
(u) Proposed governing bylaws; 382
(v) Explanations of any partnerships or contractual 383
relationships central to the school's operations or mission; 384
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(w) The school's plans for providing transportation, 385
food service and all other significant operational or ancillary 386
services; 387
(x) Opportunities and expectations for parent 388
involvement; 389
(y) A detailed school start-up plan, identifying tasks, 390
timelines and responsible individuals; 391
(z) A description of the school's financial plans and 392
policies, including financial controls and audit requirements; 393
(aa) A description of the insurance coverage the school 394
will obtain; 395
(bb) Start-up and five-year budgets with clearly stated 396
assumptions; 397
(cc) Start-up and first-year cash flow projections with 398
clearly stated assumptions; 399
(dd) A disclosure of all sources of private funding and 400
all funds from foreign sources, including gifts from foreign 401
governments, foreign legal entities and domestic entities 402
affiliated with either foreign governments or foreign legal 403
entities. For the purposes of this paragraph, the term "foreign" 404
means a country or jurisdiction outside of any state or territory 405
of the United States; 406
(ee) Evidence of anticipated fundraising contributions, 407
if claimed in the application; and 408
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(ff) A sound facilities plan, including backup or 409
contingency plans if appropriate. 410
(5) In the case of an application to establish a charter 411
school by converting an existing noncharter public school to 412
charter school status, the request for proposals additionally 413
shall require the applicant to demonstrate support for the 414
proposed charter school conversion by a petition signed by a 415
majority of teachers or a majority of parents of students in the 416
existing noncharter public school, or by a majority vote of the 417
local school board or, in the case of schools in districts under 418
state conservatorship, by the State Board of Education. 419
(6) In the case of a proposed charter school that intends to 420
contract with an education service provider for substantial 421
educational services, management services or both types of 422
services, the request for proposals additionally shall require the 423
applicant to: 424
(a) Provide evidence of the education service 425
provider's success in serving student populations similar to the 426
targeted population, including demonstrated academic achievement 427
as well as successful management of nonacademic school functions, 428
if applicable; 429
(b) Provide a term sheet setting forth: the proposed 430
duration of the service contract; roles and responsibilities of 431
the governing board, the school staff and the education service 432
provider; the scope of services and resources to be provided by 433
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the education service provider; performance evaluation measures 434
and timelines; the compensation structure, including clear 435
identification of all fees to be paid to the education service 436
provider; methods of contract oversight and enforcement; 437
investment disclosure; and conditions for renewal and termination 438
of the contract; 439
(c) Disclose and explain any existing or potential 440
conflicts of interest between the school governing board and 441
proposed service provider or any affiliated business entities; and 442
(d) Background information, including proof of United 443
States citizenship, on the principal individuals affiliated with 444
the education service provider. 445
(7) In the case of a charter school proposal from an 446
applicant that currently operates one or more schools in any state 447
or nation, the request for proposals additionally shall require 448
the applicant to provide evidence of past performance and current 449
capacity for growth. The applicant shall be required to submit 450
clear evidence that it has produced statistically significant 451
gains in student achievement or consistently produced proficiency 452
levels as measured on state achievement tests. 453
SECTION 9. Section 37-28-17, Mississippi Code of 1972, is 454
brought forward as follows: 455
37-28-17. (1) The following are the purposes of a charter 456
application: 457
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(a) To present the proposed charter school's academic 458
and operational vision and plans; 459
(b) To demonstrate the applicant's capacities to 460
execute the proposed vision and plans; and 461
(c) To provide the authorizer a clear basis for 462
assessing the applicant's plans and capacities. 463
(2) An approved charter application may not serve as the 464
school's charter contract. 465
SECTION 10. Section 37-28-19, Mississippi Code of 1972, is 466
brought forward as follows: 467
37-28-19. (1) In reviewing and evaluating charter 468
applications, the authorizer shall employ procedures, practices 469
and criteria consistent with nationally recognized principles and 470
standards for quality charter authorizing. The application review 471
process must include thorough evaluation of each written charter 472
application and in-person interview with the applicant group. 473
(2) In deciding whether to approve charter applications, the 474
authorizer must: 475
(a) Grant charters only to applicants that have 476
provided evidence of competence in each element of the 477
authorizer's published approval criteria, and in the case of an 478
applicant that currently operates one or more schools in any state 479
or nation, clear evidence that the management or leadership team 480
of the charter school or schools currently operated by the 481
applicant has produced statistically significant gains in student 482
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achievement or consistently produced proficiency levels as 483
measured on state achievement test; 484
(b) Base decisions on documented evidence collected 485
through the application review process; and 486
(c) Follow charter-granting policies and practices that 487
are transparent, based on merit and avoid conflicts of interest or 488
any appearance thereof. 489
(3) Before the expiration of one hundred eighty (180) days 490
after the filing of a charter application, the authorizer must 491
approve or deny the charter application; however, an application 492
submitted by a public historically black college or university 493
(HBCU), in partnership with a national nonprofit public HBCU 494
support organization, for a charter school to be operated on or 495
near the campus of the HBCU must be considered for expedited 496
approval by the authorizer. The authorizer shall adopt by 497
resolution all charter approval or denial decisions in an open 498
meeting of the authorizer board. 499
(4) An approval decision may include, if appropriate, 500
reasonable conditions that the charter applicant must meet before 501
a charter contract may be executed pursuant to Section 37-28-21. 502
(5) For a charter denial, the authorizer shall state 503
clearly, for public record, its reasons for denial. A denied 504
applicant may reapply subsequently with the authorizer. 505
(6) Before the expiration of ten (10) days after taking 506
action to approve or deny a charter application, the authorizer 507
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shall provide a report to the applicant. The report must include 508
a copy of the authorizer's resolution setting forth the action 509
taken and reasons for the decision and assurances as to compliance 510
with all of the procedural requirements and application elements 511
set forth in this chapter. 512
SECTION 11. Section 37-28-21, Mississippi Code of 1972, is 513
brought forward as follows: 514
37-28-21. (1) The authorizer shall grant an initial charter 515
to each qualified applicant for a term of five (5) operating 516
years. The term of the charter shall commence on the charter 517
school's first day of operation. An approved charter school may 518
delay its opening for one (1) school year in order to plan and 519
prepare for the school's opening. If the school requires an 520
opening delay of more than one (1) school year, the school must 521
request an extension from the authorizer. The authorizer may 522
grant or deny the extension depending on the particular school's 523
circumstances. 524
(2) (a) The authorizer and the governing board of the 525
approved charter school shall execute a charter contract that 526
clearly sets forth the academic and operational performance 527
expectations and measures by which the charter school will be 528
judged and the administrative relationship between the authorizer 529
and charter school, including each party's rights and duties. The 530
performance expectations and measures set forth in the charter 531
contract must include, but need not be limited to, applicable 532
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federal and state accountability requirements. The performance 533
provisions may be refined or amended by mutual agreement after the 534
charter school is operating and has collected baseline achievement 535
data for its enrolled students. 536
(b) The charter contract must be signed by the chairman 537
of the authorizer board and the president of the charter school's 538
governing board. 539
(c) A charter school may not commence operations 540
without a charter contract executed in accordance with this 541
section and approved in an open meeting of the authorizer board. 542
(3) The authorizer may establish reasonable preopening 543
requirements or conditions to monitor the start-up progress of a 544
newly approved charter school and to ensure that the school is 545
prepared to open smoothly on the date agreed and that the school 546
meets all building, health, safety, insurance and other legal 547
requirements before the school's opening. 548
SECTION 12. Section 37-28-23, Mississippi Code of 1972, is 549
brought forward as follows: 550
37-28-23. (1) A charter school must be open to: 551
(a) Any student residing in the geographical boundaries 552
of the school district in which the charter school is located; and 553
(b) Any student who resides in the geographical 554
boundaries of a school district that was rated "C," "D" or "F" at 555
the time the charter school was approved by the authorizer board, 556
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or who resides in the geographical boundaries of a school district 557
rated "C," or "D" or "F" at the time the student enrolls. 558
(2) A school district may not require any student enrolled 559
in the school district to attend a charter school. 560
(3) Except as otherwise provided under subsection (8)(d) of 561
this section, a charter school may not limit admission based on 562
ethnicity, national origin, religion, gender, income level, 563
disabling condition, proficiency in the English language, or 564
academic or athletic ability. 565
(4) A charter school may limit admission to students within 566
a given age group or grade level, including pre-kindergarten 567
students, and may be organized around a special emphasis, theme or 568
concept as stated in the school's application. 569
(5) The underserved student composition of a charter 570
school's enrollment collectively must reflect that of students of 571
all ages attending the school district in which the charter school 572
is located, to be defined for the purposes of this chapter as 573
being at least eighty percent (80%) of that population. If the 574
underserved student composition of an applicant's or charter 575
school's enrollment is less than eighty percent (80%) of the 576
enrollment of students of all ages in the school district in which 577
the charter school is located, despite the school's best efforts, 578
the authorizer must consider the applicant's or charter school's 579
recruitment efforts and the underserved student composition of the 580
applicant pool in determining whether the applicant or charter 581
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school is operating in a nondiscriminatory manner. A finding by 582
the authorizer that a charter school is operating in a 583
discriminatory manner justifies the revocation of a charter. 584
(6) A charter school must enroll all students who wish to 585
attend the school unless the number of students exceeds the 586
capacity of a program, class, grade level or building. 587
(7) If capacity is insufficient to enroll all students who 588
wish to attend the school based on initial application, the 589
charter school must select students through a lottery. 590
(8) (a) Any noncharter public school or part of a 591
noncharter public school converting to a charter school shall 592
adopt and maintain a policy giving an enrollment preference to 593
students who reside within the former attendance area of that 594
public school. If the charter school has excess capacity after 595
enrolling students residing within the former attendance area of 596
the school, students outside of the former attendance area of the 597
school, but within the geographical boundaries of the school 598
district in which the charter school is located, are eligible for 599
enrollment. If the number of students applying for admission 600
exceeds the capacity of a program, class, grade level or building 601
of the charter school, the charter school must admit students on 602
the basis of a lottery. 603
(b) A charter school must give an enrollment preference 604
to students enrolled in the charter school during the preceding 605
school year and to siblings of students already enrolled in the 606
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charter school. An enrollment preference for returning students 607
excludes those students from entering into a lottery. 608
(c) A charter school may give an enrollment preference 609
to children of the charter school's applicant, governing board 610
members and full-time employees, so long as those children 611
constitute no more than ten percent (10%) of the charter school's 612
total student population. 613
(d) A charter school shall give an enrollment 614
preference to underserved children as defined in Section 37-28-5 615
to ensure the charter school meets its required underserved 616
student composition. 617
(e) This section does not preclude the formation of a 618
charter school whose mission is focused on serving students with 619
disabilities, students of the same gender, students who pose such 620
severe disciplinary problems that they warrant a specific 621
educational program, or students who are at risk of academic 622
failure. If capacity is insufficient to enroll all students who 623
wish to attend the school, the charter school must select students 624
through a lottery. 625
SECTION 13. Section 37-28-25, Mississippi Code of 1972, is 626
brought forward as follows: 627
37-28-25. If a student previously enrolled in a charter 628
school enrolls in another public school in this state, the 629
student's new school must accept credits earned by the student in 630
courses or instructional programs at the charter school in a 631
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uniform and consistent manner and according to the same criteria 632
that are used to accept academic credits from other public 633
schools. 634
SECTION 14. Section 37-28-27, Mississippi Code of 1972, is 635
brought forward as follows: 636
37-28-27. A school district must provide or publicize to 637
parents and the general public information about charter schools 638
as an enrollment option within the district to the same extent and 639
through the same means that the district provides and publicizes 640
information about noncharter public schools in the district. 641
SECTION 15. Section 37-28-29, Mississippi Code of 1972, is 642
brought forward as follows: 643
37-28-29. (1) The performance provisions within a charter 644
contract must be based on a performance framework that clearly 645
sets forth the academic and operational performance indicators, 646
measures and metrics that will guide the authorizer's evaluations 647
of the charter school. The performance framework must include 648
indicators, measures and metrics, at a minimum, for the following: 649
(a) Student academic proficiency; 650
(b) Student academic growth; 651
(c) Achievement gaps in both proficiency and growth 652
between major student subgroups; 653
(d) Attendance; 654
(e) Recurrent enrollment from year to year; 655
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(f) In-school and out-of-school suspension rates and 656
expulsion rates; 657
(g) For charter high schools, postsecondary readiness, 658
including the percentage of graduates submitting applications to 659
postsecondary institutions, high school completion, postsecondary 660
admission and postsecondary enrollment or employment; 661
(h) Financial performance and sustainability; and 662
(i) Board performance and stewardship, including 663
compliance with all applicable laws, regulations and terms of the 664
charter contract. 665
(2) The charter contract of each charter school serving 666
Grades 9-12 must include a provision ensuring that graduation 667
requirements meet or exceed those set by the Mississippi 668
Department of Education for a regular high school diploma. 669
Nothing in this section shall preclude competency-based 670
satisfaction of graduation requirements. 671
(3) Annual performance targets must be set by each charter 672
school in conjunction with the authorizer and must be designed to 673
help each school meet applicable federal, state and authorizer 674
expectations. 675
(4) The performance framework must allow the inclusion of 676
additional rigorous, valid and reliable indicators proposed by a 677
charter school to augment external evaluations of its performance; 678
however, the authorizer must approve the quality and rigor of any 679
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indicators proposed by a charter school, which indicators must be 680
consistent with the purposes of this chapter. 681
(5) The performance framework must require the 682
disaggregation of all student performance data by major student 683
subgroups (gender, race, poverty status, special education status, 684
English learner status and gifted status). 685
(6) The authorizer shall collect, analyze and report all 686
data from state assessments in accordance with the performance 687
framework for each charter school. Multiple schools overseen by a 688
single governing board must report their performance as separate, 689
individual schools, and each school must be held independently 690
accountable for its performance. 691
(7) Information needed by the authorizer from the charter 692
school governing board for the authorizer's reports must be 693
required and included as a material part of the charter contract. 694
SECTION 16. Section 37-28-31, Mississippi Code of 1972, is 695
brought forward as follows: 696
37-28-31. (1) The authorizer shall monitor annually the 697
performance and legal compliance of each charter school it 698
oversees, including collecting and analyzing data to support the 699
school's evaluation according to the charter contract. The 700
authorizer may conduct or require oversight activities that enable 701
the authorizer to fulfill its responsibilities under this chapter, 702
including conducting appropriate inquiries and investigations, so 703
long as those activities are consistent with the intent of this 704
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act, adhere to the terms of the charter contract and do not unduly 705
inhibit the autonomy granted to charter schools. 706
(2) As part of its annual report to the Legislature, the 707
authorizer shall publish and provide a performance report for each 708
charter school it oversees in accordance with the performance 709
framework set forth in the charter contract. The report must be 710
made available to the public at the same time as it is submitted 711
to the Legislature. The authorizer may require each charter 712
school it oversees to submit an annual report to assist the 713
authorizer in gathering complete information about each school, 714
consistent with the performance framework. 715
(3) If a charter school's performance or legal compliance is 716
unsatisfactory, the authorizer shall notify promptly the charter 717
school of the problem and provide reasonable opportunity for the 718
school to remedy the problem unless the problem warrants 719
revocation, in which case the revocation timeframes will apply. 720
(4) The authorizer may take appropriate corrective actions 721
or exercise sanctions in response to apparent deficiencies in a 722
charter school's performance or legal compliance. If warranted, 723
the actions or sanctions may include requiring a charter school to 724
develop and execute a corrective action plan within a specified 725
timeframe. 726
SECTION 17. Section 37-28-33, Mississippi Code of 1972, is 727
brought forward as follows: 728
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37-28-33. (1) A charter may be renewed for successive 729
five-year terms of duration. The authorizer may grant renewal 730
with specific conditions for necessary improvements to a charter 731
school and may lessen the renewal term based on the performance, 732
demonstrated capacities and particular circumstances of each 733
charter school. 734
(2) Before September 30, the authorizer shall issue a 735
charter school performance report and charter renewal application 736
guidance to any charter school whose charter will expire the 737
following year. The performance report must summarize the charter 738
school's performance record to date, based on the data required by 739
this chapter and the charter contract, and must provide notice of 740
any weaknesses or concerns perceived by the authorizer which may 741
jeopardize the charter school's position in seeking renewal if not 742
timely rectified. The charter school must respond and submit any 743
corrections or clarifications for the performance report within 744
ninety (90) days after receiving the report. 745
(3) The charter renewal application guidance must provide, 746
at a minimum, an opportunity for the charter school to: 747
(a) Present additional evidence, beyond the data 748
contained in the performance report, supporting its case for 749
charter renewal; 750
(b) Describe improvements undertaken or planned for the 751
school; and 752
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(c) Detail the school's plans for the next charter 753
term. 754
(4) The charter renewal application guidance must include or 755
refer explicitly to the criteria that will guide the authorizer's 756
renewal decision, which must be based on the performance framework 757
set forth in the charter contract and consistent with this 758
chapter. 759
(5) Before February 1, the governing board of a charter 760
school seeking renewal shall submit a renewal application to the 761
authorizer pursuant to the charter renewal application guidance 762
issued by the authorizer. The authorizer shall adopt a resolution 763
ruling on the renewal application no later than ninety (90) days 764
after the filing of the renewal application. 765
(6) In making each charter renewal decision, the authorizer 766
must: 767
(a) Ground its decision in evidence of the school's 768
performance over the term of the charter contract in accordance 769
with the performance framework set forth in the charter contract; 770
(b) Ensure that data used in making the renewal 771
decision is available to the school and the public; and 772
(c) Provide a public report summarizing the evidence 773
that is the basis for the renewal decision. 774
(7) A charter contract must be revoked at any time or not 775
renewed if the authorizer determines that the charter school has 776
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done any of the following or otherwise failed to comply with the 777
provisions of this chapter: 778
(a) Committed a material and substantial violation of 779
any of the terms, conditions, standards or procedures required 780
under this chapter or the charter contract; 781
(b) Failed to meet or make sufficient progress toward 782
the performance expectations set forth in the charter contract; 783
(c) Failed to meet generally accepted standards of 784
fiscal management; or 785
(d) Substantially violated any material provision of 786
law which is applicable to the charter school. 787
(8) The authorizer shall develop revocation and nonrenewal 788
processes that: 789
(a) Provide the governing board of a charter school 790
with a timely notification of the prospect of revocation or 791
nonrenewal and of the reasons for such possible closure; 792
(b) Allow the governing board a reasonable amount of 793
time in which to prepare a response; 794
(c) Provide the governing board with an opportunity to 795
submit documents and give testimony challenging the rationale for 796
closure and in support of the continuation of the school at an 797
orderly proceeding held for that purpose; 798
(d) Allow the governing board access to representation 799
by counsel and to call witnesses on the school's behalf; 800
(e) Permit the recording of such proceedings; and 801
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(f) After a reasonable period for deliberation, require 802
a final determination to be made and conveyed in writing to the 803
governing board. 804
(9) Notwithstanding any provision to the contrary, the 805
authorizer may not renew the charter of any charter school that, 806
during the school's final operating year under the term of the 807
charter contract, is designated an "F" school under the school 808
accreditation rating system. 809
(10) If the authorizer revokes or does not renew a charter, 810
the authorizer must state clearly, in a resolution of adopted by 811
the authorizer board, the reasons for the revocation or 812
nonrenewal. 813
(11) Within ten (10) days after taking action to renew, not 814
renew or revoke a charter, the authorizer shall provide a report 815
to the charter school. The report must include a copy of the 816
authorizer board's resolution setting forth the action taken, 817
reasons for the board's decision and assurances as to compliance 818
with all of the requirements set forth in this chapter. 819
SECTION 18. Section 37-28-35, Mississippi Code of 1972, is 820
brought forward as follows: 821
37-28-35. (1) Before implementing a charter school closure 822
decision, the authorizer must develop a charter school closure 823
protocol to ensure timely notification to parents, orderly 824
transition of students and student records to new schools, and 825
proper disposition of school funds, property and assets in 826
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accordance with the requirements of this chapter. The protocol 827
must specify tasks, timelines and responsible parties, including 828
delineating the respective duties of the school and the 829
authorizer. If a charter school is to be closed for any reason, 830
the authorizer shall oversee and work with the closing school to 831
ensure a smooth and orderly closure and transition for students 832
and parents, as guided by the closure protocol. 833
(2) If a charter school closes, all unspent government 834
funds, unspent earnings from those funds and assets purchased with 835
government funds must revert to the local school district in which 836
the charter school is located. Unless otherwise provided for in 837
the charter or a debt instrument, unspent funds from 838
nongovernmental sources, unspent earnings from those funds, assets 839
purchased with those funds and debts of the school must revert to 840
the nonprofit entity created to operate the school and may be 841
disposed of according to applicable laws for nonprofit 842
corporations. 843
SECTION 19. Section 37-28-37, Mississippi Code of 1972, is 844
brought forward as follows: 845
37-28-37. (1) Before October 1 of each year, beginning in 846
the year that the state has had at least one (1) charter school 847
operating for a full school year, the Mississippi Charter School 848
Authorizer Board shall issue to the Governor, Legislature, State 849
Board of Education and the public an annual report on the state's 850
charter schools for the preceding school year. The report must 851
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include a comparison of the performance of charter school students 852
with the performance of academically, ethnically and economically 853
comparable groups of students in the school district in which a 854
charter school is located. In addition, the report must include 855
the authorizer's assessment of the successes, challenges and areas 856
for improvement in meeting the purposes of this chapter. The 857
report also must include an assessment on whether the number and 858
size of operating charter schools are sufficient to meet demand, 859
as calculated according to admissions data and the number of 860
students denied enrollment based on lottery results. The report 861
due from the authorizer under this section must be coordinated 862
with reports due from charter school governing boards, as near as 863
possible, to decrease or eliminate duplication. 864
(2) The Joint Legislative Committee on Performance 865
Evaluation and Expenditure Review (PEER) shall prepare an annual 866
report assessing the sufficiency of funding for charter schools, 867
the efficacy of the state formula for authorizer funding, and any 868
suggested changes in state law or policy necessary to strengthen 869
the state's charter schools. 870
SECTION 20. Section 37-28-39, Mississippi Code of 1972, is 871
brought forward as follows: 872
37-28-39. (1) Notwithstanding any provision of law to the 873
contrary, to the extent that any provision of this chapter is 874
inconsistent with any other state or local law, rule or 875
regulation, the provisions of this act govern and are controlling. 876
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(2) A charter school and any education service provider 877
which provides comprehensive management for a charter school must 878
be a nonprofit education organization. 879
(3) A charter school is subject to all federal laws and 880
authorities specified in this chapter or agreed upon with the 881
authorizer in the charter contract, where such contracting is 882
consistent with applicable laws, rules and regulations. 883
(4) To the extent approved by the authorizer, a charter 884
contract may consist of one or more schools. Each charter school 885
that is part of a charter contract must be separate and distinct 886
from any other charter school. 887
(5) A single governing board may hold one or more charter 888
contracts. 889
(6) A charter school must function as a local educational 890
agency, and as such, a charter school is responsible for meeting 891
the requirements of local educational agencies under applicable 892
federal laws, including those relating to special education, 893
receipt of funds and compliance with funding requirements. Status 894
as a local educational agency, however, does not preclude a 895
charter school from developing, by mutual agreement or formal 896
contract, links with the local school district for services, 897
resources and programs. 898
SECTION 21. Section 37-28-41, Mississippi Code of 1972, is 899
brought forward as follows: 900
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37-28-41. A charter school may exercise those powers 901
necessary for carrying out the terms of its charter contract, 902
including the following powers: 903
(a) To receive and disburse funds authorized by law for 904
school purposes; 905
(b) To secure appropriate insurance and to enter into 906
contracts and leases; 907
(c) To contract with an education service provider for 908
the management and operation of the charter school so long as the 909
school's governing board retains oversight authority over the 910
school; 911
(d) To solicit and accept any gifts or grants for 912
school purposes subject to applicable laws and the terms of its 913
charter contract; 914
(e) To acquire real property for use as its facility or 915
facilities, from public or private sources; and 916
(f) To sue and be sued in its own name. 917
SECTION 22. Section 37-28-43, Mississippi Code of 1972, is 918
brought forward as follows: 919
37-28-43. (1) A charter school may not discriminate against 920
any person on the basis of race, creed, color, sex, disability, 921
national origin or any other category that would be unlawful if 922
done by a noncharter public school. 923
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(2) A charter school may not engage in any sectarian 924
practices in its educational program, admissions or employment 925
policies or operations. 926
(3) A charter school may not discriminate against any 927
student on the basis of national origin, minority status or 928
limited proficiency in English. Consistent with federal civil 929
rights laws, charter schools must provide limited English 930
proficient students with appropriate services designed to teach 931
them English and the general curriculum. 932
(4) A charter school may not charge tuition. 933
(5) The terms of each charter school must include a 934
transportation plan for students attending the charter school. 935
(6) Subject to the approval of the authorizer, a charter 936
school may contract with an accredited online course provider for 937
the delivery of virtual courses to students enrolled in the 938
charter school. 939
(7) Except to the extent authorized under paragraph (c) of 940
Section 37-28-41, the powers, obligations and responsibilities set 941
forth in the charter contract may not be delegated or assigned by 942
either party. 943
SECTION 23. Section 37-28-45, Mississippi Code of 1972, is 944
brought forward as follows: 945
37-28-45. (1) Charter schools are subject to the same civil 946
rights, health and safety requirements applicable to noncharter 947
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public schools in the state, except as otherwise specifically 948
provided in this chapter. 949
(2) Charter schools are subject to the student assessment 950
and accountability requirements applicable to noncharter public 951
schools in the state; however, this requirement does not preclude 952
a charter school from establishing additional student assessment 953
measures that go beyond state requirements if the authorizer 954
approves those measures. 955
(3) Although a charter school is geographically located 956
within the boundaries of a particular school district and enrolls 957
students who reside within the school district, the charter school 958
may not be considered a school within that district under the 959
purview of the school district's school board. The rules, 960
regulations, policies and procedures established by the school 961
board for the noncharter public schools that are in the school 962
district in which the charter school is geographically located do 963
not apply to the charter school unless otherwise required under 964
the charter contract or any contract entered into between the 965
charter school governing board and the local school board. 966
(4) Whenever the provisions of Title 37, Mississippi Code of 967
1972, relating to the elementary and secondary education of public 968
school students establish a requirement for or grant authority to 969
local school districts, their school boards and the schools within 970
the respective school districts, the language "school districts," 971
"school boards," "boards of trustees," "the schools within a 972
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school district," or any other similar phraseology does not 973
include a charter school and the governing board of a charter 974
school unless the statute specifically is made applicable to 975
charter schools as well as noncharter public schools. 976
(5) A charter school is not subject to any rule, regulation, 977
policy or procedure adopted by the State Board of Education or the 978
State Department of Education unless otherwise required by the 979
authorizer or in the charter contract. 980
(6) Charter schools are not exempt from the following 981
statutes: 982
(a) Chapter 41, Title 25, Mississippi Code of 1972, 983
which relate to open meetings of public bodies. 984
(b) Chapter 61, Title 25, Mississippi Code of 1972, 985
which relate to public access to public records. 986
(c) Section 37-3-51, which requires notice by the 987
district attorney of licensed school employees who are convicted 988
of certain sex offenses. 989
(d) Section 37-3-53, which requires publication of the 990
Mississippi Report Card by the State Board of Education. 991
(e) Section 37-11-18, which requires the automatic 992
expulsion of a student possessing a weapon or controlled substance 993
on educational property. 994
(f) Section 37-11-18.1, which requires expulsion of 995
certain habitually disruptive students. 996
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(g) Section 37-11-19, which requires suspension or 997
expulsion of a student who damages school property. 998
(h) Section 37-11-20, which prohibits acts of 999
intimidation intended to keep a student from attending school. 1000
(i) Section 37-11-21, which prohibits parental abuse of 1001
school staff. 1002
(j) Section 37-11-23, which prohibits the willful 1003
disruption of school and school meetings. 1004
(k) Sections 37-11-29 and 37-11-31, which relate to 1005
reporting requirements regarding unlawful or violent acts on 1006
school property. 1007
(l) Section 37-11-67, which prohibits bullying or 1008
harassing behavior in public schools. 1009
(m) Section 37-13-3, which prohibits doctrinal, 1010
sectarian or denominational teaching in public schools. 1011
(n) Sections 37-13-5 and 37-13-6, which require the 1012
flags of the United States and the State of Mississippi to be 1013
displayed near the school building. 1014
(o) Section 37-13-63(1), which prescribes the minimum 1015
number of days which public schools must be kept in session during 1016
a scholastic year. 1017
(p) Section 37-13-91, which is the Mississippi 1018
Compulsory School Attendance Law. 1019
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(q) Section 37-13-171(2) and (4), which requires any 1020
course containing sex-related education to include instruction in 1021
abstinence-only or abstinence-plus education. 1022
(r) Section 37-13-173, which requires notice to parents 1023
before instruction on human sexuality is provided in public 1024
classrooms. 1025
(s) Section 37-13-193, which relates to civil rights 1026
and human rights education in the public schools. 1027
(t) Sections 37-15-1 and 37-15-3, which relate to the 1028
maintenance and transfer of permanent student records in public 1029
schools. 1030
(u) Section 37-15-6, which requires the State 1031
Department of Education to maintain a record of expulsions from 1032
the public schools. 1033
(v) Section 37-15-9, which establishes minimum age 1034
requirements for kindergarten and first grade enrollment in public 1035
schools. 1036
(w) Section 37-15-11, which requires a parent, legal 1037
guardian or custodian to accompany a child seeking enrollment in a 1038
public school. 1039
(x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, 1040
which relate to the statewide assessment testing program. 1041
(y) Section 37-18-1, which establishes the 1042
Superior-Performing Schools Program and Exemplary Schools Program 1043
to recognize public schools that improve. 1044
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SECTION 24. Section 37-28-47, Mississippi Code of 1972, is 1045
brought forward as follows: 1046
37-28-47. (1) (a) Charter schools must comply with 1047
applicable federal laws, rules and regulations regarding the 1048
qualification of teachers and other instructional staff. No more 1049
than twenty-five percent (25%) of teachers in a charter school may 1050
be exempt from state teacher licensure requirements. 1051
Administrators of charter schools are exempt from state 1052
administrator licensure requirements. However, teachers and 1053
administrators must have a bachelor's degree as a minimum 1054
requirement, and teachers must have demonstrated subject-matter 1055
competency. Within three (3) years of a teacher's employment by a 1056
charter school, the teacher must have, at a minimum, alternative 1057
licensure approved by the Commission on Teacher and Administrator 1058
Education, Certification and Licensure and Development. 1059
(b) A charter school may not staff positions for 1060
teachers, administrators, ancillary support personnel or other 1061
employees by utilizing or otherwise relying on nonimmigrant 1062
foreign worker visa programs. However, a charter school may 1063
submit a request to the authorizer for an exception allowing the 1064
employment of a nonimmigrant foreign worker before the worker is 1065
employed. The authorizer may grant permission for the employment 1066
of the nonimmigrant foreign worker only if the charter school 1067
makes a satisfactory showing of efforts to recruit lawful 1068
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permanent residents of the United States to fill the position and 1069
a lack of qualified applicants to fill the position. 1070
(2) Employees in charter schools must have the same general 1071
rights and privileges as other public school employees, except 1072
such employees are not: 1073
(a) Covered under the Education Employment Procedures 1074
Law (Section 37-9-103); and 1075
(b) Subject to the state salary requirements prescribed 1076
in Section 37-19-7. 1077
(3) For the purpose of eligibility for participation in the 1078
Public Employees' Retirement System, a public charter school is 1079
considered to be a political subdivision of the state. Employees 1080
in public charter schools are eligible for participation in other 1081
benefits programs if the public charter school governing board 1082
chooses to participate. 1083
SECTION 25. Section 37-28-49, Mississippi Code of 1972, is 1084
brought forward as follows: 1085
37-28-49. (1) Charter school teachers and other school 1086
personnel, as well as members of the governing board and any 1087
education service provider with whom a charter school contracts, 1088
are subject to criminal history record checks and fingerprinting 1089
requirements applicable to employees of other public schools. The 1090
authorizer shall require that current criminal records background 1091
checks and current child abuse registry checks are obtained, and 1092
that the criminal record information and registry checks are on 1093
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file at the charter school for any new hires applying for 1094
employment. In order to determine an applicant's suitability for 1095
employment, the applicant must be fingerprinted. If no 1096
disqualifying record is identified at the state level, the 1097
fingerprints must be forwarded by the Department of Public Safety 1098
to the Federal Bureau of Investigation for a national criminal 1099
history record check. Under no circumstances may a member of the 1100
Mississippi Charter School Authorizer Board, member of the charter 1101
school governing board or any individual other than the subject of 1102
the criminal history record checks disseminate information 1103
received through the checks except as may be required to fulfill 1104
the purposes of this section. The determination whether the 1105
applicant has a disqualifying crime, as set forth in subsection 1106
(2) of this section, must be made by the appropriate state or 1107
federal governmental authority, which must notify the charter 1108
school whether a disqualifying crime exists. 1109
(2) If the fingerprinting or criminal record checks disclose 1110
a felony conviction, guilty plea or plea of nolo contendere to a 1111
felony of possession or sale of drugs, murder, manslaughter, armed 1112
robbery, rape, sexual battery, sex offense listed in Section 1113
45-33-23(g), child abuse, arson, grand larceny, burglary, 1114
gratification of lust or aggravated assault which has not been 1115
reversed on appeal or for which a pardon has not been granted, the 1116
new hire is not eligible to be employed at the charter school. 1117
However, the charter school, in its discretion, may allow any 1118
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applicant aggrieved by the employment decision under this section 1119
to show mitigating circumstances that exist and may allow, subject 1120
to the approval of the Mississippi Charter School Authorizer 1121
Board, the new hire to be employed at the school. The authorizer 1122
may approve the employment depending on the mitigating 1123
circumstances, which may include, but need not be limited to: (a) 1124
age at which the crime was committed; (b) circumstances 1125
surrounding the crime; (c) length of time since the conviction and 1126
criminal history since the conviction; (d) work history; (e) 1127
current employment and character references; and (f) other 1128
evidence demonstrating the ability of the person to perform the 1129
employment responsibilities competently and that the person does 1130
not pose a threat to the health or safety of children. 1131
(3) No charter school, charter school employee, member of 1132
the charter school governing board, the Mississippi Charter School 1133
Authorizer Board or member or employee of the Mississippi Charter 1134
School Authorizer Board employee may be held liable in any 1135
employment discrimination suit in which an allegation of 1136
discrimination is made regarding an employment decision authorized 1137
under this section. 1138
(4) A charter school shall terminate any teacher or 1139
administrator for committing one or more of the following acts: 1140
(a) Engaging in unethical conduct relating to an 1141
educator-student relationship as identified by the Mississippi 1142
Charter School Authorizer Board; 1143
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(b) Fondling a student as described in Section 97-5-23 1144
or engaging in any type of sexual involvement with a student as 1145
described in Section 97-3-95; or 1146
(c) Failure to report sexual involvement of a charter 1147
school employee with a student as required by Section 97-5-24. 1148
SECTION 26. Section 37-28-51, Mississippi Code of 1972, is 1149
brought forward as follows: 1150
37-28-51. A charter school is eligible to participate in 1151
state-sponsored or district-sponsored athletic and academic 1152
interscholastic leagues, competitions, awards, scholarships and 1153
recognition programs for students, educators, administrators and 1154
schools to the same extent as noncharter public schools. 1155
SECTION 27. Section 37-28-53, Mississippi Code of 1972, is 1156
brought forward as follows: 1157
37-28-53. (1) Each charter school shall certify annually to 1158
the State Department of Education its student enrollment, net 1159
enrollment and student participation in federal programs. 1160
(2) Each charter school shall certify annually to the school 1161
board of the school district in which the charter school is 1162
located the number of enrolled charter school students residing in 1163
the school district. 1164
SECTION 28. Section 37-28-55, Mississippi Code of 1972, is 1165
brought forward as follows: 1166
37-28-55. (1) (a) The State Department of Education shall 1167
make payments to charter schools for each student in net 1168
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enrollment at the charter school, as determined under Section 1169
37-151-207, equal to the state share of total funding formula 1170
payments for each student, as determined under Section 37-151-211. 1171
(b) Payments made pursuant to this subsection by the 1172
State Department of Education must be made at the same time and in 1173
the same manner as total funding formula payments are made to 1174
school districts under Sections 37-151-101 and 37-151-103. 1175
Amounts payable to a charter school must be determined by the 1176
State Department of Education pursuant to this section and the 1177
total funding formula. Enrollment projections made under Section 1178
37-151-207 to determine the net enrollment of a charter school for 1179
calculating the state share payment must be reconciled with a 1180
charter school's net enrollment using months two (2) and three (3) 1181
for the year for which total funding formula funds are being 1182
appropriated, and any necessary adjustments must be made to 1183
payments during the school's following year of operation. Any 1184
necessary adjustment must be based on the state share of the per 1185
pupil amount in effect for the year for which net membership did 1186
not meet enrollment projections and not any new amount 1187
appropriated for the year in which the adjustment will be made. 1188
If a charter school is closed by the authorizer before the 1189
following year, it must pay to the state any amounts due before 1190
completion of the closure. 1191
(2) (a) For students attending a charter school located in 1192
the school district in which the student resides, the school 1193
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district in which the charter school is located shall pay directly 1194
to the charter school an amount as follows: the sum of the local 1195
pro rata amount, as calculated by the State Department of 1196
Education in accordance with Section 37-151-211(2)(b) (local 1197
contribution), and the local pro rata amount, as calculated by the 1198
State Department of Education in accordance with Section 37-57-105 1199
(school district operational levy), multiplied by the number of 1200
resident students enrolled in the charter school, based on the 1201
charter school's months two (2) and three (3) net enrollment of 1202
resident students for the current school year. However, the 1203
amount to the charter school may not include any taxes levied for 1204
the retirement of the local school district's bonded indebtedness 1205
or short-term notes or any taxes levied for the support of 1206
vocational-technical education programs. 1207
(b) The amount must be paid by the school district to 1208
the charter school before January 16 of the current fiscal year. 1209
If the local school district does not pay the required amount to 1210
the charter school before January 16, the State Department of 1211
Education shall reduce the local school district's January 1212
transfer of total funding formula funds by the amount owed to the 1213
charter school and shall redirect that amount to the charter 1214
school. Any such payments made under this paragraph by the State 1215
Department of Education to a charter school must be made at the 1216
same time and in the same manner as total funding formula payments 1217
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are made to school districts under Sections 37-151-101 and 1218
37-151-103. 1219
(3) (a) For students attending a charter school located in 1220
a school district in which the student does not reside, the State 1221
Department of Education shall pay to the charter school in which 1222
the students are enrolled an amount as follows: the sum of the 1223
local pro rata amount, as calculated by the State Department of 1224
Education in accordance with Section 37-151-211(2)(b) (local 1225
contribution), and the local pro rata amount, as calculated by the 1226
State Department of Education in accordance with Section 37-57-105 1227
(school district operational levy), multiplied by the number of 1228
students enrolled in the charter school but residing in that 1229
district, based on the charter school's months two (2) and three 1230
(3) net enrollment of these students for the current school year. 1231
However, the amount to the charter school may not include any 1232
taxes levied for the retirement of the local school district's 1233
bonded indebtedness or short-term notes or any taxes levied for 1234
the support of vocational-technical education programs. 1235
(b) The State Department of Education shall reduce the 1236
school district's January transfer of total funding formula funds 1237
by the amount owed to the charter school and shall redirect that 1238
amount to the charter school. Any such payments made under this 1239
subsection (3) by the State Department of Education to a charter 1240
school must be made at the same time and in the same manner as 1241
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total funding formula payments are made to school districts under 1242
Sections 37-151-101 and 37-151-103. 1243
(4) (a) The State Department of Education shall direct the 1244
proportionate share of monies generated under federal programs, 1245
including, but not limited to, special education, vocational, 1246
English Language Learner, and other programs, to charter schools 1247
serving students eligible for such funding. The department shall 1248
ensure that charter schools with rapidly expanding enrollments are 1249
treated equitably in the calculation and disbursement of all 1250
federal program dollars. Each charter school that serves students 1251
who may be eligible to receive services provided through such 1252
programs shall comply with all reporting requirements to receive 1253
the aid. 1254
(b) A charter school shall pay to a local school 1255
district any federal or state aid attributable to a student with a 1256
disability attending the charter school in proportion to the level 1257
of services for that student which the local school district 1258
provides directly or indirectly. 1259
(c) Subject to the approval of the authorizer, a 1260
charter school and a local school district may negotiate and enter 1261
into a contract for the provision of and payment for special 1262
education services, including, but not necessarily limited to, a 1263
reasonable reserve not to exceed five percent (5%) of the local 1264
school district's total budget for providing special education 1265
services. The reserve may be used by the local school district 1266
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only to offset excess costs of providing services to students with 1267
disabilities enrolled in the charter school. 1268
(5) (a) The State Department of Education shall disburse 1269
state transportation funding to a charter school on the same basis 1270
and in the same manner as it is paid to school districts. 1271
(b) A charter school may enter into a contract with a 1272
school district or private provider to provide transportation to 1273
the school's students. 1274
(6) The State Department of Education shall disburse 1275
Education Enhancement Funds for classroom supplies, instructional 1276
materials and equipment, including computers and computer software 1277
to all eligible charter school teachers on the same basis and in 1278
the same manner as it is paid to school districts under Section 1279
37-61-33(3)(a)(iii) for the purpose of issuing procurement cards 1280
or credentials for a digital solution to eligible teachers. 1281
SECTION 29. Section 37-28-57, Mississippi Code of 1972, is 1282
brought forward as follows: 1283
37-28-57. (1) A charter school must adhere to generally 1284
accepted accounting principles. 1285
(2) A charter school shall have its financial records 1286
audited annually, at the end of each fiscal year, either by the 1287
State Auditor or by a certified public accountant approved by the 1288
State Auditor. However, a certified public accountant may not be 1289
selected to perform the annual audit of a charter school if that 1290
accountant previously has audited the charter school for more than 1291
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three (3) consecutive years. Certified public accountants must be 1292
selected in a manner determined by the State Auditor. The charter 1293
school shall file a copy of each audit report and accompanying 1294
management letter with the authorizer before October 1. 1295
SECTION 30. Section 37-28-59, Mississippi Code of 1972, is 1296
brought forward as follows: 1297
37-28-59. (1) Any monies received by a charter school from 1298
any source remaining in the charter school's accounts at the end 1299
of a budget year must remain in the charter school's accounts for 1300
use by the charter school during subsequent budget years. 1301
(2) Nothing in this chapter may be construed to prohibit any 1302
person or organization from providing funding or other assistance 1303
to the establishment or operation of a charter school. The 1304
governing board of a charter school may accept gifts, donations 1305
and grants of any kind made to the charter school and may expend 1306
or use such gifts, donations and grants in accordance with the 1307
conditions prescribed by the donor; however, a gift, donation or 1308
grant may not be accepted if it is subject to a condition that is 1309
contrary to any provision of law or term of the charter contract. 1310
(3) A charter school must disclose publicly all sources of 1311
private funding and all funds received from foreign sources, 1312
including gifts from foreign governments, foreign legal entities 1313
and domestic entities affiliated with either foreign governments 1314
or foreign legal entities. For the purposes of this subsection, 1315
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the term "foreign" means a country or jurisdiction outside of any 1316
state or territory of the United States. 1317
SECTION 31. Section 37-28-61, Mississippi Code of 1972, is 1318
brought forward as follows: 1319
37-28-61. (1) A charter school has a right of first refusal 1320
to purchase or lease at or below fair market value a closed public 1321
school facility or property or unused portions of a public school 1322
facility or property in the school district in which the charter 1323
school is located if the school district decides to sell or lease 1324
the public school facility or property. If a conversion charter 1325
school application is successful, the local school district owning 1326
the conversion charter school's facility must offer to lease or 1327
sell the building to the conversion charter school at or below 1328
fair market value. 1329
(2) A charter school may negotiate and contract at or below 1330
fair market value with a school district, state institution of 1331
higher learning, public community or junior college, or any other 1332
public or for-profit or nonprofit private entity for the use of a 1333
facility for a school building. 1334
(3) Public entities, including, but not limited to, 1335
libraries, community service organizations, museums, performing 1336
arts venues, theatres, cinemas, churches, community and junior 1337
colleges, colleges and universities, may provide space to charter 1338
schools within their facilities under their preexisting zoning and 1339
land use designations. 1340
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ST: "MS Charter School Act of 2013"; bring
forward provisions related to.
SECTION 32. This act shall take effect and be in force from 1341
and after July 1, 2026, and shall stand repealed on June 30, 2026. 1342