Virtual public schools; authorize operation of by certain educational providers or locally sponsored virtual public schools.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Roberson

HOUSE BILL NO. 618

AN ACT TO AMEND SECTION 37-161-3, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE CREATION OF VIRTUAL PUBLIC SCHOOLS TO BE OPERATED 2
BY LOCAL SCHOOL DISTRICTS, REGIONAL EDUCATION SERVICE AGENCIES OR 3
LOCALLY SPONSORED VIRTUAL PUBLIC SCHOOLS; TO DEFINE THE TERM 4
"LOCALLY SPONSORED VIRTUAL PUBLIC SCHOOL"; TO LIMIT THE NUMBER OF 5
VIRTUAL PUBLIC SCHOOLS ESTABLISHED IN THE STATE TO THREE; TO 6
REQUIRE ENROLLMENT IN A VIRTUAL PUBLIC SCHOOL TO BE FREE OF CHARGE 7
AND OPEN TO STUDENTS FROM ANY SCHOOL DISTRICT IN THE STATE; TO 8
REQUIRE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER, FOR EACH 9
STUDENT ENROLLED IN A VIRTUAL PUBLIC SCHOOL OPERATED BY A DISTRICT 10
OTHER THAN THAT IN WHICH THE STUDENT RESIDES, AN AMOUNT EQUAL TO 11
THE STUDENT'S HOME SCHOOL DISTRICT'S LOCAL OPERATIONAL TAX LEVY TO 12
THE SCHOOL DISTRICT OPERATING THE VIRTUAL PUBLIC SCHOOL; TO 13
REQUIRE THE DEPARTMENT TO WITHHOLD SUCH AMOUNT FROM THE 14
TRANSFERRING SCHOOL DISTRICT'S JANUARY PAYMENT OF ADEQUATE 15
EDUCATION PROGRAM FUNDS; TO REQUIRE LOCALLY SPONSORED VIRTUAL 16
PUBLIC SCHOOLS TO ADOPT CERTAIN ENROLLMENT POLICIES; TO AMEND 17
SECTIONS 37-179-1 AND 37-179-3, MISSISSIPPI CODE OF 1972, WHICH 18
ARE PROVISIONS RELATING TO DISTRICTS OF INNOVATION, IN CONFORMITY 19
TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. Section 37-161-3, Mississippi Code of 1972, is 22
amended as follows: 23
37-161-3. (1) The Legislature finds and declares the 24
following: 25
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(a) Meeting the educational needs of children in our 26
state's schools is of the greatest importance to the future 27
welfare of the State of Mississippi; 28
(b) Closing the achievement gap between high-performing 29
students, including the achievement gap among at-risk students, is 30
a significant and present challenge; 31
(c) Providing a broader range of educational options to 32
parents and utilizing existing resources, along with technology, 33
may help students in the state improve their academic achievement; 34
and 35
(d) Many of the state's school districts currently lack 36
the capacity to provide other public school choices for students 37
whose schools are low performing. 38
(2) There is created the Mississippi Virtual Public School 39
Program, which is the responsibility of the State Department of 40
Education. It is the intent of the Legislature that the 41
Mississippi Virtual Public School established under this section 42
provides Mississippi families with an alternative choice to access 43
additional educational resources in an effort to improve academic 44
achievement. * * * Any private provider chosen to provide 45
services to the Mississippi Virtual Public School under the 46
provisions of this subsection shall be chosen through the 47
Mississippi Online Course Application Process. Once the State 48
Department of Education appropriation and the local school 49
district budgeted funds for Mississippi Virtual Public School have 50
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been expended and students choose to enroll in online courses, the 51
costs of the online courses may be the responsibility of the 52
students' parents or guardians. 53
(3) * * * In addition to the Mississippi Virtual Public 54
School created under subsection (2), any public school district, 55
regional education service agency or district of innovation shall 56
be authorized to serve as a local sponsor of a virtual school on a 57
first-come, first-serve basis until a total of three (3) locally 58
sponsored virtual public schools are operating. Each locally 59
sponsored virtual public school program established pursuant to 60
this section must be recognized as a public school and provided 61
equitable treatment and resources as are other public schools in 62
the state. Private providers may be utilized by the local sponsor 63
to administer, manage or operate virtual school programs in this 64
state, provided the provider has a minimum of two (2) years of 65
experience serving special education students. Contracts with 66
selected providers must be overseen by the sponsoring entity and 67
ensure that the maximum services and resources are procured for 68
the per-student cost. 69
(4) As used in this section, the following words and phrases 70
have the meanings respectively ascribed in this subsection unless 71
the context clearly requires otherwise: 72
(a) * * * "Locally sponsored virtual public school" 73
means a full-time public school established pursuant to this 74
section which uses technology in order to deliver synchronous and 75
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asynchronous instruction to students via the Internet in a virtual 76
or remote setting. Distance learning as defined in Section 77
37-67-1 does not meet the requirement for synchronous instruction; 78
however, nothing in this act limits the provision of distance 79
learning as provided for in Section 37-67-1. 80
(b) "Local sponsor" means the public school district, 81
regional education agency or district of innovation that is 82
responsible for the * * * operation of a locally sponsored virtual 83
public school. The local sponsor shall be responsible for the 84
academic progress of each student enrolled in a locally sponsored 85
virtual public school in all aspects of accountability. 86
(5) (a) * * * A total of three (3) slots will be available 87
for a local sponsor to establish a locally sponsored virtual 88
public school, beginning in the 2026-2027 school year and 89
continuing in subsequent years until the three (3) slots are 90
filled. A potential sponsor must notify the State Department of 91
Education of its intent to establish a locally sponsored virtual 92
public school. The department shall notify the potential sponsor 93
whether or not a slot is available. A school district, regional 94
education service agency or district of innovation that receives 95
notification from the department that there is a slot to 96
participate must establish its virtual public school no later than 97
eighteen (18) months after the date of receipt of the notification 98
or else lose that slot. If a local sponsor establishes a virtual 99
public school but fails to enroll students within its first year 100
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of operation of the program, the local sponsor will lose its 101
authorization to operate in the following school year and another 102
school district, regional education service agency or district of 103
innovation will be allowed to create a new program. 104
(b) Students who enroll in * * * a locally sponsored 105
virtual public school may reside anywhere in the State of 106
Mississippi. 107
(6) * * * The local sponsor of a virtual public school must 108
ensure that each student is provided access to the necessary 109
instruction materials, technology, an Internet connection for 110
schoolwork purposes, and any applicable special education 111
services. 112
* * * 113
( * * *7) Each teacher employed by or participating in the 114
delivery of instruction through * * * a locally sponsored virtual 115
public school must meet all qualifications for licensure in the 116
State of Mississippi. 117
( * * *8) Any student who meets state residency requirements 118
may enroll in * * * a locally sponsored virtual public school. 119
( * * *9) * * * Enrollment in a locally sponsored virtual 120
public school must be free of charge to students. For students 121
enrolling in a virtual public school operated by a school 122
district, regional education service agency or district of 123
innovation in which the student does not reside, the State 124
Department of Education shall pay to the local sponsor operating 125
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the program an amount as follows: the pro rata ad valorem 126
receipts and in-lieu payments per pupil for the support of the 127
local school district in which the student resides under Sections 128
37-57-1 (local contribution to the total funding formula) and 129
37-57-105 (school district operational levy), excluding any taxes 130
levied for the retirement of the local school district's bonded 131
indebtedness or short-term notes or any taxes levied for the 132
support of vocational-technical education programs. The amount of 133
funds payable to the school district operating the program by the 134
resident school district must be based on the previous year's 135
enrollment data and ad valorem receipts and in-lieu receipts of 136
the local school district in which the student resides. The pro 137
rata amount must be calculated by dividing the resident local 138
school district's months one (1) through nine (9) average daily 139
membership into the total amount of ad valorem receipts and 140
in-lieu receipts, as reported to the State Department of Education 141
by the resident local school district. The payable amount from 142
the resident district to the district operating the program must 143
be equal to this pro rata amount multiplied by the number of 144
students enrolled, based on the end of first month enrollment for 145
the current school year. The State Department of Education shall 146
reduce the resident school district's January transfer of 147
Mississippi Student Funding Formula funds by the amount owed to 148
the sponsor of the pilot virtual public school and shall redirect 149
that amount to that district. Any such payments made under this 150
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subsection by the State Department of Education to a sponsor of a 151
pilot virtual public school accepting students from outside the 152
district or its service area must be made at the same time and in 153
the same manner as total funding formula payments are made to 154
school districts under Sections 37-151-101 and 37-151-103. 155
(10) A local sponsor operating a virtual public school shall 156
adopt a policy governing the enrollment procedures. The 157
enrollment policy must include, at a minimum, the following: 158
(a) The timeframe in which student applications will be 159
accepted for both the fall and spring semesters; 160
(b) Provisions of notice of the application to the 161
resident district if an applicant student resides outside the 162
district or service area no later than five (5) days from the date 163
of receipt of the application; 164
(c) Policies and procedures related to the creation of 165
a waiting list if more students from outside the district or 166
service area apply than can be accommodated by the program; 167
(d) An opportunity for parental input and hearing 168
before any denial of an application for any reason other than lack 169
of program capacity; and 170
(e) Engagement policies and a process with provision of 171
fair warnings and opportunities for corrective actions before 172
removal from the program for lack of engagement. 173
SECTION 2. Section 37-179-1, Mississippi Code of 1972, is 174
amended as follows: 175
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37-179-1. (1) For purposes of this chapter, the following 176
terms shall have the meaning ascribed herein, unless the context 177
clearly indicates otherwise: 178
(a) "District of innovation" means a district or a 179
locally sponsored virtual public school program established under 180
Section 37-161-3, * * * which has developed a plan of innovation 181
in compliance with this section and has been approved by the State 182
Board of Education to be exempted from certain administrative 183
regulations and statutory provisions to improve the educational 184
performance of students within the district; 185
(b) "Innovation" means a new or creative alternative to 186
existing instructional and administrative practices intended to 187
improve student learning and student performance of all students; 188
(c) "School of innovation" means a school that 189
voluntarily participates in a district of innovation plan to 190
improve instruction, including waivers and exemptions from local 191
school board policies, selected provisions of rules and 192
regulations promulgated by the State Board of Education, and 193
selected sections of the Mississippi Code of 1972, as permitted 194
under this section and Section 37-179-3; 195
(d) "Board" means the State Board of Education; 196
(e) "Department" means the State Department of 197
Education. 198
(2) The State Board of Education is authorized to approve 199
districts of innovation for the purposes of improving students' 200
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educational performance. Districts of innovation shall be 201
provided flexibility from selected board regulations, Title 37, 202
Mississippi Code of 1972, and local school board policies for 203
school administrators, teachers and staff to meet the diverse 204
needs of students. The initial approval of a district of 205
innovation shall be for a five-year period. Each renewal of a 206
district of innovation shall not exceed five (5) years and shall 207
comply with administrative regulations promulgated by the board 208
pursuant to subsection (4) of this section. 209
(3) The board shall promulgate administrative rules and 210
regulations to prescribe the conditions and procedures to be used 211
by a local school board to be approved as a district of innovation 212
and shall publish the same on or before December 31, 2015. 213
(4) Administrative rules and regulations promulgated by the 214
board under subsection (3) of this section shall specify: 215
(a) The regulatory areas which may be exempted or 216
modified if approved by the board, except as provided in Section 217
37-179-3(2), and in addition to those areas identified in Section 218
37-179-3(3); 219
(b) The application, plan review, approval and 220
amendment process for a district; 221
(c) Timelines for initial approval as a district of 222
innovation, the renewal process and ongoing evaluative procedures 223
required of the district; 224
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(d) Acceptable documentation of a critical mass of 225
parental, community, educator and business support and capacity to 226
effect a change; 227
(e) Evidence of teacher collaboration and shared 228
leadership within the district and the schools to be designated as 229
schools of innovation; 230
(f) The process of revocation of the designation of 231
district of innovation or school of innovation; 232
(g) Reporting and oversight responsibilities of the 233
district and the State Department of Education; 234
(h) The financial detail relating to budgets of schools 235
and evidence of sound fiscal management practices; 236
(i) Acceptable areas of emphasis for innovation, 237
including virtual instruction provided through a locally sponsored 238
virtual public school program; 239
(j) Acceptable documentation of job-embedded 240
professional development within the proposed innovation design; 241
and 242
(k) Other components deemed necessary to implement this 243
section and Section 37-179-3. 244
SECTION 3. Section 37-179-3, Mississippi Code of 1972, is 245
amended as follows: 246
37-179-3. (1) A district or a locally sponsored virtual 247
public school which is an applicant to be designated as a district 248
of innovation under Section 37-179-1 shall: 249
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(a) Establish goals and performance targets for the 250
district of innovation proposal, which may include: 251
(i) Reducing achievement gaps among groups of 252
public school students by expanding learning experiences for 253
students who are identified as academically low-achieving; 254
(ii) Increasing pupil learning through the 255
implementation of high, rigorous standards for pupil performance; 256
(iii) Increasing the participation of students in 257
various curriculum components and instructional components within 258
selected schools to enhance at each grade level; 259
(iv) Increasing the number of students who are 260
college and career-ready; 261
(v) Motivating students at different grade levels 262
by offering more curriculum choices and student learning 263
opportunities to parents and students within the district; 264
(b) Identify changes needed in the district * * *, 265
schools and virtual public schools to lead to better prepared 266
students for success in life and work; 267
(c) Have a district wide plan of innovation that 268
describes and justifies which schools and innovative practices 269
will be incorporated; 270
(d) Provide documentation of community, educator, 271
parental, and the local board's support of the proposed 272
innovations; 273
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(e) Provide detailed information regarding the 274
rationale of requests for waivers from Title 37, Mississippi Code 275
of 1972, which relate to the elementary and secondary education of 276
public school students, and administrative regulations, and 277
exemptions for selected schools regarding waivers of local school 278
board policies; 279
(f) Document the fiscal and human resources the board 280
will provide throughout the term of the implementation of the 281
innovations within its plan; and 282
(g) Provide other materials as required by the 283
department in compliance with the board's administrative 284
regulations and application procedures. 285
(2) The district and all schools, including locally 286
sponsored virtual public schools, participating in a district's 287
innovation plan shall: 288
(a) Ensure the same health, safety, civil rights, and 289
disability rights requirements as are applied to all public 290
schools; 291
(b) Ensure students meet compulsory attendance 292
requirements under Sections 37-13-91 and 37-13-92; 293
(c) Ensure that high school course offerings meet or 294
exceed the minimum required under Sections 37-16-7 and 37-3-49, 295
for high school graduation or meet early graduation requirements 296
that may be enacted by the Mississippi Legislature; 297
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(d) Ensure the student performance standards meet or 298
exceed those adopted by the State Board of Education as required 299
by Sections 37-3-49, 37-16-3 and 37-17-6, including compliance 300
with the statewide assessment system specified in Chapter 16, 301
Title 37, Mississippi Code of 1972; 302
(e) Adhere to the same financial audits, audit 303
procedures, and audit requirements as are applied under Section 304
7-7-211(e); 305
(f) Require state and criminal background checks for 306
staff and volunteers as required of all public school employees 307
and volunteers within the public schools and specified in Section 308
37-9-17; 309
(g) Comply with open records and open meeting 310
requirements under Sections 25-41-1 et seq. and 25-61-1 et seq.; 311
(h) Comply with purchasing requirements and limitations 312
under Chapter 39, Title 37, Mississippi Code of 1972; 313
(i) Provide overall instructional time that is 314
equivalent to or greater than that required under Sections 37-1-11 315
and 37-13-67, but which may include on-site instruction, distance 316
learning, online courses, and work-based learning on 317
nontraditional school days or hours; and 318
(j) Provide data to the department as deemed necessary 319
to generate school and district reports. 320
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(3) (a) Only schools or locally sponsored virtual public 321
schools that choose to be designated as schools of innovation 322
shall be included in a district's application; 323
(b) As used in this paragraph, "eligible employees" 324
means employees that are regularly employed at the school and 325
those employees whose primary job duties will be affected by the 326
plan; and 327
(c) Notwithstanding the provisions of paragraph (a) of 328
this subsection, a local school board may require a school that 329
has been identified as a persistently low-achieving school under 330
provisions of Section 37-17-6 to participate in the district's 331
plan of innovation. 332
(4) Notwithstanding any statutes to the contrary, the board 333
may approve the requests of districts of innovation to: 334
(a) Use capital outlay funds for operational costs; 335
(b) Hire persons for classified positions in 336
nontraditional school and district assignments who have bachelors 337
and advanced degrees from postsecondary education institutions 338
accredited by a regional accrediting association (Southern 339
Association of Colleges and Schools) or by an organization 340
affiliated with the National Commission on Accrediting; 341
(c) Employ teachers on extended employment contracts or 342
extra duty contracts and compensate them on a salary schedule 343
other than the single salary schedule; 344
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ST: Virtual public schools; authorize operation
of by certain educational providers or locally
sponsored virtual public schools.
(d) Extend the school days as is appropriate within the 345
district with compensation for the employees as determined 346
locally; 347
(e) Establish alternative education programs and 348
services that are delivered in nontraditional hours and which may 349
be jointly provided in cooperation with another school district or 350
consortia of districts; 351
(f) Establish online classes within the district for 352
delivering alternative classes in a blended environment to meet 353
high school graduation requirements; 354
(g) Use a flexible school calendar; 355
(h) Convert existing schools into schools of 356
innovation; and 357
(i) Modify the formula under Chapter 151, Title 37, 358
Mississippi Code of 1972, for distributing total funding formula 359
funds for students in net enrollment in nontraditional programming 360
time, including alternative programs and virtual programs. Funds 361
granted to a district shall not exceed those that would have 362
otherwise been distributed based on net enrollment during regular 363
instructional days. 364
SECTION 4. This act shall take effect and be in force from 365
and after July 1, 2026. 366