Mississippi Charter Schools Act of 2013; bring forward.

S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~ G1/2
26/SS26/R1071
PAGE 1 (icj\tb)

To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeBar

SENATE BILL NO. 2287

AN ACT TO BRING FORWARD SECTIONS 37-28-1, 37-28-3, 37-28-5, 1
37-28-7, 37-28-9, 37-28-11, 37-28-13, 37-28-15, 37-28-17, 2
37-28-19, 37-28-21, 37-28-23, 37-28-25, 37-28-27, 37-28-29, 3
37-28-31, 37-28-33, 37-28-35, 37-28-37, 37-28-39, 37-28-41, 4
37-28-43, 37-28-45, 37-28-47, 37-28-49, 37-28-51, 37-28-53, 5
37-28-55, 37-28-57, 37-28-59 AND 37-28-61, MISSISSIPPI CODE OF 6
1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED 7
PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-28-1, Mississippi Code of 1972, is 10
brought forward as follows: 11
37-28-1. This chapter shall be known and may be cited as the 12
"Mississippi Charter Schools Act of 2013." 13
SECTION 2. Section 37-28-3, Mississippi Code of 1972, is 14
brought forward as follows: 15
37-28-3. (1) The Legislature finds and declares that the 16
general purposes of the state's charter schools are as follows: 17
(a) To improve student learning by creating 18
high-quality schools with high standards for student performance; 19
(b) To close achievement gaps between high-performing 20
and low-performing groups of public school students; 21
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 2 (icj\tb)

(c) To increase high-quality educational opportunities 22
within the public education system for all students, especially 23
those with a likelihood of academic failure; 24
(d) To create new professional opportunities for 25
teachers, school administrators and other school personnel which 26
allow them to have a direct voice in the operation of their 27
schools; 28
(e) To encourage the use of different, high-quality 29
models of teaching, governing, scheduling and other aspects of 30
schooling which meet a variety of student needs; 31
(f) To allow public schools freedom and flexibility in 32
exchange for exceptional levels of results driven accountability; 33
(g) To provide students, parents, community members and 34
local entities with expanded opportunities for involvement in the 35
public education system; and 36
(h) To encourage the replication of successful charter 37
schools. 38
(2) All charter schools in the state established under this 39
chapter are public schools and are part of the state's public 40
education system. 41
(3) No provision of this chapter may be interpreted to allow 42
the conversion of private schools into charter schools. 43
SECTION 3. Section 37-28-5, Mississippi Code of 1972, is 44
brought forward as follows: 45
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 3 (icj\tb)

37-28-5. As used in this chapter, the following words and 46
phrases have the meanings ascribed in this section unless the 47
context clearly indicates otherwise: 48
(a) "Applicant" means any person or group that develops 49
and submits an application for a charter school to the authorizer. 50
(b) "Application" means a proposal from an applicant to 51
the authorizer to enter into a charter contract whereby the 52
proposed school obtains charter school status. 53
(c) "Authorizer" means the Mississippi Charter School 54
Authorizer Board established under Section 37-28-7 to review 55
applications, decide whether to approve or reject applications, 56
enter into charter contracts with applicants, oversee charter 57
schools, and decide whether to renew, not renew, or revoke charter 58
contracts. 59
(d) "Charter contract" means a fixed-term, renewable 60
contract between a charter school and the authorizer which 61
outlines the roles, powers, responsibilities and performance 62
expectations for each party to the contract. 63
(e) "Charter school" means a public school that is 64
established and operating under the terms of charter contract 65
between the school's governing board and the authorizer. The term 66
"charter school" includes a conversion charter school and start-up 67
charter school. 68
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 4 (icj\tb)

(f) "Conversion charter school" means a charter school 69
that existed as a noncharter public school before becoming a 70
charter school. 71
(g) "Education service provider" means a charter 72
management organization, school design provider or any other 73
partner entity with which a charter school intends to contract for 74
educational design, implementation or comprehensive management. 75
(h) "Governing board" means the independent board of a 76
charter school which is party to the charter contract with the 77
authorizer and whose members have been elected or selected 78
pursuant to the school's application. 79
(i) "Noncharter public school" means a public school 80
that is under the direct management, governance and control of a 81
school board or the state. 82
(j) "Parent" means a parent, guardian or other person 83
or entity having legal custody of a child. 84
(k) "School board" means a school board exercising 85
management and control over a local school district and the 86
schools of that district pursuant to the State Constitution and 87
state statutes. 88
(l) "School district" means a governmental entity that 89
establishes and supervises one or more public schools within its 90
geographical limits pursuant to state statutes. 91
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 5 (icj\tb)

(m) "Start-up charter school" means a charter school 92
that did not exist as a noncharter public school before becoming a 93
charter school. 94
(n) "Student" means any child who is eligible for 95
attendance in a public school in the state. 96
(o) "Underserved students" means students qualifying as 97
low-income or qualifying for a special education program under 98
Section 37-151-201. 99
SECTION 4. Section 37-28-7, Mississippi Code of 1972, is 100
brought forward as follows: 101
37-28-7. (1) There is created the Mississippi Charter 102
School Authorizer Board as a state agency with exclusive 103
chartering jurisdiction in the State of Mississippi. Unless 104
otherwise authorized by law, no other governmental agency or 105
entity may assume any charter authorizing function or duty in any 106
form. 107
(2) (a) The mission of the Mississippi Charter School 108
Authorizer Board is to authorize high-quality charter schools, 109
particularly schools designed to expand opportunities for 110
underserved students, consistent with the purposes of this 111
chapter. Subject to the restrictions and conditions prescribed in 112
this subsection, the Mississippi Charter School Authorizer Board 113
may authorize charter schools within the geographical boundaries 114
of any school district. 115
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 6 (icj\tb)

(b) The Mississippi Charter School Authorizer Board may 116
approve a maximum of fifteen (15) qualified charter applications 117
during a fiscal year. 118
(c) In any school district designated as an "A," "B" or 119
"C" school district by the State Board of Education under the 120
accreditation rating system at the time of application, the 121
Mississippi Charter School Authorizer Board may authorize charter 122
schools only if a majority of the members of the local school 123
board votes at a public meeting to endorse the application or to 124
initiate the application on its own initiative. 125
(3) The Mississippi Charter School Authorizer Board shall 126
consist of seven (7) members, to be appointed as follows: 127
(a) Three (3) members appointed by the Governor, with 128
one (1) member being from each of the Mississippi Supreme Court 129
Districts. 130
(b) Three (3) members appointed by the Lieutenant 131
Governor, with one (1) member being from each of the Mississippi 132
Supreme Court Districts. 133
(c) One (1) member appointed by the State 134
Superintendent of Public Education. 135
All appointments must be made with the advice and consent of 136
the Senate. In making the appointments, the appointing authority 137
shall ensure diversity among members of the Mississippi Charter 138
School Authorizer Board. 139
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 7 (icj\tb)

(4) Members appointed to the Mississippi Charter School 140
Authorizer Board collectively must possess strong experience and 141
expertise in public and nonprofit governance, management and 142
finance, public school leadership, assessment, curriculum and 143
instruction, and public education law. Each member of the 144
Mississippi Charter School Authorizer Board must have demonstrated 145
an understanding of and commitment to charter schooling as a 146
strategy for strengthening public education. 147
(5) To establish staggered terms of office, the initial term 148
of office for the three (3) Mississippi Charter School Authorizer 149
Board members appointed by the Governor shall be four (4) years 150
and thereafter shall be three (3) years; the initial term of 151
office for the three (3) members appointed by the Lieutenant 152
Governor shall be three (3) years and thereafter shall be three 153
(3) years; and the initial term of office for the member appointed 154
by the State Superintendent of Public Education shall be two (2) 155
years and thereafter shall be three (3) years. No member may 156
serve more than two (2) consecutive terms. The initial 157
appointments must be made before September 1, 2013. 158
(6) The Mississippi Charter School Authorizer Board shall 159
meet as soon as practical after September 1, 2013, upon the call 160
of the Governor, and shall organize for business by selecting a 161
chairman and adopting bylaws. Subsequent meetings shall be called 162
by the chairman. 163
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 8 (icj\tb)

(7) An individual member of the Mississippi Charter School 164
Authorizer Board may be removed by the board if the member's 165
personal incapacity renders the member incapable or unfit to 166
discharge the duties of the office or if the member is absent from 167
a number of meetings of the board, as determined and specified by 168
the board in its bylaws. Whenever a vacancy on the Mississippi 169
Charter School Authorizer Board exists, the original appointing 170
authority shall appoint a member for the remaining portion of the 171
term. 172
(8) No member of the Mississippi Charter School Authorizer 173
Board or employee, agent or representative of the board may serve 174
simultaneously as an employee, trustee, agent, representative, 175
vendor or contractor of a charter school authorized by the board. 176
(9) The Mississippi Charter School Authorizer Board shall 177
appoint an individual to serve as the Executive Director of the 178
Mississippi Charter School Authorizer Board. The executive 179
director shall possess the qualifications established by the board 180
which are based on national best practices, and shall possess an 181
understanding of state and federal education law. The executive 182
director, who shall serve at the will and pleasure of the board, 183
shall devote his full time to the proper administration of the 184
board and the duties assigned to him by the board and shall be 185
paid a salary established by the board, subject to the approval of 186
the State Personnel Board. Subject to the availability of 187
funding, the executive director may employ such administrative 188
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 9 (icj\tb)

staff as may be necessary to assist the director and board in 189
carrying out the duties and directives of the Mississippi Charter 190
School Authorizer Board. 191
(10) The Mississippi Charter School Authorizer Board is 192
authorized to obtain suitable office space for administrative 193
purposes. In acquiring a facility or office space the authorizer 194
board shall adhere to all policies and procedures required by the 195
Department of Finance and Administration and the Public 196
Procurement Review Board. 197
SECTION 5. Section 37-28-9, Mississippi Code of 1972, is 198
brought forward as follows: 199
37-28-9. (1) The authorizer is responsible for exercising, 200
in accordance with this chapter, the following powers and duties: 201
(a) Developing chartering policies and maintaining 202
practices consistent with nationally recognized principles and 203
standards for quality charter authorizing in all major areas of 204
authorizing responsibility, including: 205
(i) Organizational capacity and infrastructure; 206
(ii) Solicitation and evaluation of charter 207
applications; 208
(iii) Performance contracting; 209
(iv) Ongoing charter school oversight and 210
evaluation; and 211
(v) Charter renewal decision-making; 212
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 10 (icj\tb)

(b) Approving quality charter applications that meet 213
identified educational needs and promote a diversity of 214
educational choices; 215
(c) Declining to approve weak or inadequate charter 216
applications; 217
(d) Negotiating and executing charter contracts with 218
approved charter schools; 219
(e) Monitoring, in accordance with charter contract 220
terms, the performance and legal compliance of charter schools; 221
(f) Determining whether each charter contract merits 222
renewal, nonrenewal or revocation; and 223
(g) Applying for any federal funds that may be 224
available for the implementation of charter school programs. 225
(2) The authorizer shall carry out all its duties under this 226
chapter in a manner consistent with nationally recognized 227
principles and standards and with the spirit and intent of this 228
act. 229
(3) The authorizer may delegate its duties to the executive 230
director and general counsel. 231
(4) Regulation by the authorizer shall be limited to those 232
powers and duties prescribed in this section and all others 233
prescribed by law, consistent with the spirit and intent of this 234
chapter. 235
(5) Except in the case of gross negligence or reckless 236
disregard of the safety and well-being of another person, the 237
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 11 (icj\tb)

authorizer, members of the authorizer board in their official 238
capacity, and employees of the authorizer in their official 239
capacity are immune from civil liability with respect to all 240
activities related to a charter school approved by the authorizer. 241
SECTION 6. Section 37-28-11, Mississippi Code of 1972, is 242
brought forward as follows: 243
37-28-11. (1) To cover the costs of overseeing charter 244
schools in accordance with this chapter, the authorizer shall 245
receive three percent (3%) of annual per-pupil allocations 246
received by a charter school from state and local funds for each 247
charter school it authorizes. 248
(2) The authorizer may receive appropriate gifts, grants and 249
donations of any kind from any public or private entity to carry 250
out the purposes of this chapter, subject to all lawful terms and 251
conditions under which the gifts, grants or donations are given. 252
(3) The authorizer may expend its resources, seek grant 253
funds and establish partnerships to support its charter school 254
authorizing activities. 255
SECTION 7. Section 37-28-13, Mississippi Code of 1972, is 256
brought forward as follows: 257
37-28-13. (1) Upon request, the State Department of 258
Education shall assist the Mississippi Charter School Authorizer 259
Board with implementing the authorizer's decisions by providing 260
such technical assistance and information as may be necessary for 261
the implementation of this chapter. 262
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 12 (icj\tb)

(2) Before July 1 of each year, the authorizer shall publish 263
a pamphlet, which may be in electronic form, containing: 264
(a) All statutes in Title 37, Mississippi Code of 1972, 265
which are applicable to the charter schools; 266
(b) Any rules, regulations and policies adopted by the 267
State Superintendent of Public Education, the State Board of 268
Education or the State Department of Education with which charter 269
schools must comply by virtue of the applicability to charter 270
schools, as well as other public schools, of the state law to 271
which those relevant rules, regulations and policies pertain; and 272
(c) Any other state and federal laws and matters that 273
are relevant to the establishment and operation of charter schools 274
in the State of Mississippi. 275
The Mississippi Charter School Authorizer Board shall make 276
the pamphlet available to the public on the board's website and 277
shall notify all prospective applicants of the pamphlet. 278
SECTION 8. Section 37-28-15, Mississippi Code of 1972, is 279
brought forward as follows: 280
37-28-15. (1) To solicit, encourage and guide the 281
development of quality charter school applications, the authorizer 282
shall issue and publicize a request for proposals before September 283
1 of each year; however, during 2013, the authorizer shall issue 284
and publicize a request for proposals before December 1. The 285
content and dissemination of the request for proposals must be 286
consistent with the purposes and requirements of this chapter. 287
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 13 (icj\tb)

(2) The authorizer annually shall establish and disseminate 288
a statewide timeline for charter approval or denial decisions. 289
(3) The authorizer's request for proposals must include the 290
following: 291
(a) A clear statement of any preferences the authorizer 292
wishes to grant to applications intended to help underserved 293
students; 294
(b) A description of the performance framework that the 295
authorizer has developed for charter school oversight and 296
evaluation in accordance with Section 37-28-29; 297
(c) The criteria that will guide the authorizer's 298
decision to approve or deny a charter application; and 299
(d) A clear statement of appropriately detailed 300
questions, as well as guidelines, concerning the format and 301
content essential for applicants to demonstrate the capacities 302
necessary to establish and operate a successful charter school. 303
(4) In addition to all other requirements, the request for 304
proposals must require charter applications to provide or describe 305
thoroughly all of the following mandatory elements of the proposed 306
school plan: 307
(a) An executive summary; 308
(b) The mission and vision of the proposed charter 309
school, including identification of the targeted student 310
population and the community the school hopes to serve; 311
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 14 (icj\tb)

(c) The location or geographic area proposed for the 312
school; 313
(d) The grades to be served each year for the full term 314
of the charter contract; 315
(e) Minimum, planned and maximum enrollment per grade 316
per year for the term of the charter contract; 317
(f) Evidence of need and community support for the 318
proposed charter school; 319
(g) Background information, including proof of United 320
States citizenship, on the applicants, the proposed founding 321
governing board members and, if identified, members of the 322
proposed school leadership and management team. The background 323
information must include annual student achievement data, 324
disaggregated by subgroup, for every school under the current or 325
prior management of each board member and leadership team member; 326
(h) The school's proposed calendar, including the 327
proposed opening and closing dates for the school term, and a 328
sample daily schedule. The school must be kept in session no less 329
than the minimum number of school days established for all public 330
schools in Section 37-13-63; 331
(i) A description of the school's academic program, 332
aligned with state standards; 333
(j) A description of the school's instructional design, 334
including the type of learning environment (such as 335
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 15 (icj\tb)

classroom-based or independent study), class size and structure, 336
curriculum overview and teaching methods; 337
(k) The school's plan for using internal and external 338
assessments to measure and report student progress on the 339
performance framework developed by the authorizer in accordance 340
with Section 37-28-29; 341
(l) The school's plan for identifying and successfully 342
serving students with disabilities (including all of the school's 343
proposed policies pursuant to the Individuals with Disabilities 344
Education Improvement Act of 2004, 20 USCS Section 1400 et seq., 345
Section 504 of the Rehabilitation Act of 1973, 29 USCS Section 346
794, and Title 11 of the Americans with Disabilities Act, 42 USCS 347
Section 12101 et seq., and the school's procedures for securing 348
and providing evaluations and related services pursuant to federal 349
law), students who are English language learners, students who are 350
academically behind, and gifted students, including, but not 351
limited to, compliance with any applicable laws and regulations; 352
(m) A description of cocurricular or extracurricular 353
programs and how those programs will be funded and delivered; 354
(n) Plans and timelines for student recruitment and 355
enrollment, including lottery policies and procedures that ensure 356
that every student has an equal opportunity to be considered in 357
the lottery and that the lottery is equitable, randomized, 358
transparent and impartial so that students are accepted in a 359
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 16 (icj\tb)

charter school without regard to disability, income level, race, 360
religion or national origin; 361
(o) The school's student discipline policies, including 362
those for special education students; 363
(p) An organizational chart that clearly presents the 364
school's organizational structure, including lines of authority 365
and reporting between the governing board, education service 366
provider, staff, related bodies (such as advisory bodies or parent 367
and teacher councils), and all other external organizations that 368
will play a role in managing the school; 369
(q) A clear description of the roles and 370
responsibilities of the governing board, education service 371
provider, school leadership team, management team and all other 372
entities shown in the organizational chart; 373
(r) A staffing chart for the school's first year, and a 374
staffing plan for the term of the charter; 375
(s) Plans for recruiting and developing school 376
leadership and staff, which may not include utilization of 377
nonimmigrant foreign worker visa programs; 378
(t) The school's leadership and teacher employment 379
policies, including performance evaluation plans; 380
(u) Proposed governing bylaws; 381
(v) Explanations of any partnerships or contractual 382
relationships central to the school's operations or mission; 383
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 17 (icj\tb)

(w) The school's plans for providing transportation, 384
food service and all other significant operational or ancillary 385
services; 386
(x) Opportunities and expectations for parent 387
involvement; 388
(y) A detailed school start-up plan, identifying tasks, 389
timelines and responsible individuals; 390
(z) A description of the school's financial plans and 391
policies, including financial controls and audit requirements; 392
(aa) A description of the insurance coverage the school 393
will obtain; 394
(bb) Start-up and five-year budgets with clearly stated 395
assumptions; 396
(cc) Start-up and first-year cash flow projections with 397
clearly stated assumptions; 398
(dd) A disclosure of all sources of private funding and 399
all funds from foreign sources, including gifts from foreign 400
governments, foreign legal entities and domestic entities 401
affiliated with either foreign governments or foreign legal 402
entities. For the purposes of this paragraph, the term "foreign" 403
means a country or jurisdiction outside of any state or territory 404
of the United States; 405
(ee) Evidence of anticipated fundraising contributions, 406
if claimed in the application; and 407
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 18 (icj\tb)

(ff) A sound facilities plan, including backup or 408
contingency plans if appropriate. 409
(5) In the case of an application to establish a charter 410
school by converting an existing noncharter public school to 411
charter school status, the request for proposals additionally 412
shall require the applicant to demonstrate support for the 413
proposed charter school conversion by a petition signed by a 414
majority of teachers or a majority of parents of students in the 415
existing noncharter public school, or by a majority vote of the 416
local school board or, in the case of schools in districts under 417
state conservatorship, by the State Board of Education. 418
(6) In the case of a proposed charter school that intends to 419
contract with an education service provider for substantial 420
educational services, management services or both types of 421
services, the request for proposals additionally shall require the 422
applicant to: 423
(a) Provide evidence of the education service 424
provider's success in serving student populations similar to the 425
targeted population, including demonstrated academic achievement 426
as well as successful management of nonacademic school functions, 427
if applicable; 428
(b) Provide a term sheet setting forth: the proposed 429
duration of the service contract; roles and responsibilities of 430
the governing board, the school staff and the education service 431
provider; the scope of services and resources to be provided by 432
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 19 (icj\tb)

the education service provider; performance evaluation measures 433
and timelines; the compensation structure, including clear 434
identification of all fees to be paid to the education service 435
provider; methods of contract oversight and enforcement; 436
investment disclosure; and conditions for renewal and termination 437
of the contract; 438
(c) Disclose and explain any existing or potential 439
conflicts of interest between the school governing board and 440
proposed service provider or any affiliated business entities; and 441
(d) Background information, including proof of United 442
States citizenship, on the principal individuals affiliated with 443
the education service provider. 444
(7) In the case of a charter school proposal from an 445
applicant that currently operates one or more schools in any state 446
or nation, the request for proposals additionally shall require 447
the applicant to provide evidence of past performance and current 448
capacity for growth. The applicant shall be required to submit 449
clear evidence that it has produced statistically significant 450
gains in student achievement or consistently produced proficiency 451
levels as measured on state achievement tests. 452
SECTION 9. Section 37-28-17, Mississippi Code of 1972, is 453
brought forward as follows: 454
37-28-17. (1) The following are the purposes of a charter 455
application: 456
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 20 (icj\tb)

(a) To present the proposed charter school's academic 457
and operational vision and plans; 458
(b) To demonstrate the applicant's capacities to 459
execute the proposed vision and plans; and 460
(c) To provide the authorizer a clear basis for 461
assessing the applicant's plans and capacities. 462
(2) An approved charter application may not serve as the 463
school's charter contract. 464
SECTION 10. Section 37-28-19, Mississippi Code of 1972, is 465
brought forward as follows: 466
37-28-19. (1) In reviewing and evaluating charter 467
applications, the authorizer shall employ procedures, practices 468
and criteria consistent with nationally recognized principles and 469
standards for quality charter authorizing. The application review 470
process must include thorough evaluation of each written charter 471
application and in-person interview with the applicant group. 472
(2) In deciding whether to approve charter applications, the 473
authorizer must: 474
(a) Grant charters only to applicants that have 475
provided evidence of competence in each element of the 476
authorizer's published approval criteria, and in the case of an 477
applicant that currently operates one or more schools in any state 478
or nation, clear evidence that the management or leadership team 479
of the charter school or schools currently operated by the 480
applicant has produced statistically significant gains in student 481
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 21 (icj\tb)

achievement or consistently produced proficiency levels as 482
measured on state achievement test; 483
(b) Base decisions on documented evidence collected 484
through the application review process; and 485
(c) Follow charter-granting policies and practices that 486
are transparent, based on merit and avoid conflicts of interest or 487
any appearance thereof. 488
(3) Before the expiration of one hundred eighty (180) days 489
after the filing of a charter application, the authorizer must 490
approve or deny the charter application; however, an application 491
submitted by a public historically black college or university 492
(HBCU), in partnership with a national nonprofit public HBCU 493
support organization, for a charter school to be operated on or 494
near the campus of the HBCU must be considered for expedited 495
approval by the authorizer. The authorizer shall adopt by 496
resolution all charter approval or denial decisions in an open 497
meeting of the authorizer board. 498
(4) An approval decision may include, if appropriate, 499
reasonable conditions that the charter applicant must meet before 500
a charter contract may be executed pursuant to Section 37-28-21. 501
(5) For a charter denial, the authorizer shall state 502
clearly, for public record, its reasons for denial. A denied 503
applicant may reapply subsequently with the authorizer. 504
(6) Before the expiration of ten (10) days after taking 505
action to approve or deny a charter application, the authorizer 506
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 22 (icj\tb)

shall provide a report to the applicant. The report must include 507
a copy of the authorizer's resolution setting forth the action 508
taken and reasons for the decision and assurances as to compliance 509
with all of the procedural requirements and application elements 510
set forth in this chapter. 511
SECTION 11. Section 37-28-21, Mississippi Code of 1972, is 512
brought forward as follows: 513
37-28-21. (1) The authorizer shall grant an initial charter 514
to each qualified applicant for a term of five (5) operating 515
years. The term of the charter shall commence on the charter 516
school's first day of operation. An approved charter school may 517
delay its opening for one (1) school year in order to plan and 518
prepare for the school's opening. If the school requires an 519
opening delay of more than one (1) school year, the school must 520
request an extension from the authorizer. The authorizer may 521
grant or deny the extension depending on the particular school's 522
circumstances. 523
(2) (a) The authorizer and the governing board of the 524
approved charter school shall execute a charter contract that 525
clearly sets forth the academic and operational performance 526
expectations and measures by which the charter school will be 527
judged and the administrative relationship between the authorizer 528
and charter school, including each party's rights and duties. The 529
performance expectations and measures set forth in the charter 530
contract must include, but need not be limited to, applicable 531
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 23 (icj\tb)

federal and state accountability requirements. The performance 532
provisions may be refined or amended by mutual agreement after the 533
charter school is operating and has collected baseline achievement 534
data for its enrolled students. 535
(b) The charter contract must be signed by the chairman 536
of the authorizer board and the president of the charter school's 537
governing board. 538
(c) A charter school may not commence operations 539
without a charter contract executed in accordance with this 540
section and approved in an open meeting of the authorizer board. 541
(3) The authorizer may establish reasonable preopening 542
requirements or conditions to monitor the start-up progress of a 543
newly approved charter school and to ensure that the school is 544
prepared to open smoothly on the date agreed and that the school 545
meets all building, health, safety, insurance and other legal 546
requirements before the school's opening. 547
SECTION 12. Section 37-28-23, Mississippi Code of 1972, is 548
brought forward as follows: 549
37-28-23. (1) A charter school must be open to: 550
(a) Any student residing in the geographical boundaries 551
of the school district in which the charter school is located; and 552
(b) Any student who resides in the geographical 553
boundaries of a school district that was rated "C," "D" or "F" at 554
the time the charter school was approved by the authorizer board, 555
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 24 (icj\tb)

or who resides in the geographical boundaries of a school district 556
rated "C," or "D" or "F" at the time the student enrolls. 557
(2) A school district may not require any student enrolled 558
in the school district to attend a charter school. 559
(3) Except as otherwise provided under subsection (8)(d) of 560
this section, a charter school may not limit admission based on 561
ethnicity, national origin, religion, gender, income level, 562
disabling condition, proficiency in the English language, or 563
academic or athletic ability. 564
(4) A charter school may limit admission to students within 565
a given age group or grade level, including pre-kindergarten 566
students, and may be organized around a special emphasis, theme or 567
concept as stated in the school's application. 568
(5) The underserved student composition of a charter 569
school's enrollment collectively must reflect that of students of 570
all ages attending the school district in which the charter school 571
is located, to be defined for the purposes of this chapter as 572
being at least eighty percent (80%) of that population. If the 573
underserved student composition of an applicant's or charter 574
school's enrollment is less than eighty percent (80%) of the 575
enrollment of students of all ages in the school district in which 576
the charter school is located, despite the school's best efforts, 577
the authorizer must consider the applicant's or charter school's 578
recruitment efforts and the underserved student composition of the 579
applicant pool in determining whether the applicant or charter 580
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 25 (icj\tb)

school is operating in a nondiscriminatory manner. A finding by 581
the authorizer that a charter school is operating in a 582
discriminatory manner justifies the revocation of a charter. 583
(6) A charter school must enroll all students who wish to 584
attend the school unless the number of students exceeds the 585
capacity of a program, class, grade level or building. 586
(7) If capacity is insufficient to enroll all students who 587
wish to attend the school based on initial application, the 588
charter school must select students through a lottery. 589
(8) (a) Any noncharter public school or part of a 590
noncharter public school converting to a charter school shall 591
adopt and maintain a policy giving an enrollment preference to 592
students who reside within the former attendance area of that 593
public school. If the charter school has excess capacity after 594
enrolling students residing within the former attendance area of 595
the school, students outside of the former attendance area of the 596
school, but within the geographical boundaries of the school 597
district in which the charter school is located, are eligible for 598
enrollment. If the number of students applying for admission 599
exceeds the capacity of a program, class, grade level or building 600
of the charter school, the charter school must admit students on 601
the basis of a lottery. 602
(b) A charter school must give an enrollment preference 603
to students enrolled in the charter school during the preceding 604
school year and to siblings of students already enrolled in the 605
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 26 (icj\tb)

charter school. An enrollment preference for returning students 606
excludes those students from entering into a lottery. 607
(c) A charter school may give an enrollment preference 608
to children of the charter school's applicant, governing board 609
members and full-time employees, so long as those children 610
constitute no more than ten percent (10%) of the charter school's 611
total student population. 612
(d) A charter school shall give an enrollment 613
preference to underserved children as defined in Section 37-28-5 614
to ensure the charter school meets its required underserved 615
student composition. 616
(e) This section does not preclude the formation of a 617
charter school whose mission is focused on serving students with 618
disabilities, students of the same gender, students who pose such 619
severe disciplinary problems that they warrant a specific 620
educational program, or students who are at risk of academic 621
failure. If capacity is insufficient to enroll all students who 622
wish to attend the school, the charter school must select students 623
through a lottery. 624
SECTION 13. Section 37-28-25, Mississippi Code of 1972, is 625
brought forward as follows: 626
37-28-25. If a student previously enrolled in a charter 627
school enrolls in another public school in this state, the 628
student's new school must accept credits earned by the student in 629
courses or instructional programs at the charter school in a 630
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 27 (icj\tb)

uniform and consistent manner and according to the same criteria 631
that are used to accept academic credits from other public 632
schools. 633
SECTION 14. Section 37-28-27, Mississippi Code of 1972, is 634
brought forward as follows: 635
37-28-27. A school district must provide or publicize to 636
parents and the general public information about charter schools 637
as an enrollment option within the district to the same extent and 638
through the same means that the district provides and publicizes 639
information about noncharter public schools in the district. 640
SECTION 15. Section 37-28-29, Mississippi Code of 1972, is 641
brought forward as follows: 642
37-28-29. (1) The performance provisions within a charter 643
contract must be based on a performance framework that clearly 644
sets forth the academic and operational performance indicators, 645
measures and metrics that will guide the authorizer's evaluations 646
of the charter school. The performance framework must include 647
indicators, measures and metrics, at a minimum, for the following: 648
(a) Student academic proficiency; 649
(b) Student academic growth; 650
(c) Achievement gaps in both proficiency and growth 651
between major student subgroups; 652
(d) Attendance; 653
(e) Recurrent enrollment from year to year; 654
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 28 (icj\tb)

(f) In-school and out-of-school suspension rates and 655
expulsion rates; 656
(g) For charter high schools, postsecondary readiness, 657
including the percentage of graduates submitting applications to 658
postsecondary institutions, high school completion, postsecondary 659
admission and postsecondary enrollment or employment; 660
(h) Financial performance and sustainability; and 661
(i) Board performance and stewardship, including 662
compliance with all applicable laws, regulations and terms of the 663
charter contract. 664
(2) The charter contract of each charter school serving 665
Grades 9-12 must include a provision ensuring that graduation 666
requirements meet or exceed those set by the Mississippi 667
Department of Education for a regular high school diploma. 668
Nothing in this section shall preclude competency-based 669
satisfaction of graduation requirements. 670
(3) Annual performance targets must be set by each charter 671
school in conjunction with the authorizer and must be designed to 672
help each school meet applicable federal, state and authorizer 673
expectations. 674
(4) The performance framework must allow the inclusion of 675
additional rigorous, valid and reliable indicators proposed by a 676
charter school to augment external evaluations of its performance; 677
however, the authorizer must approve the quality and rigor of any 678
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 29 (icj\tb)

indicators proposed by a charter school, which indicators must be 679
consistent with the purposes of this chapter. 680
(5) The performance framework must require the 681
disaggregation of all student performance data by major student 682
subgroups (gender, race, poverty status, special education status, 683
English learner status and gifted status). 684
(6) The authorizer shall collect, analyze and report all 685
data from state assessments in accordance with the performance 686
framework for each charter school. Multiple schools overseen by a 687
single governing board must report their performance as separate, 688
individual schools, and each school must be held independently 689
accountable for its performance. 690
(7) Information needed by the authorizer from the charter 691
school governing board for the authorizer's reports must be 692
required and included as a material part of the charter contract. 693
SECTION 16. Section 37-28-31, Mississippi Code of 1972, is 694
brought forward as follows: 695
37-28-31. (1) The authorizer shall monitor annually the 696
performance and legal compliance of each charter school it 697
oversees, including collecting and analyzing data to support the 698
school's evaluation according to the charter contract. The 699
authorizer may conduct or require oversight activities that enable 700
the authorizer to fulfill its responsibilities under this chapter, 701
including conducting appropriate inquiries and investigations, so 702
long as those activities are consistent with the intent of this 703
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 30 (icj\tb)

act, adhere to the terms of the charter contract and do not unduly 704
inhibit the autonomy granted to charter schools. 705
(2) As part of its annual report to the Legislature, the 706
authorizer shall publish and provide a performance report for each 707
charter school it oversees in accordance with the performance 708
framework set forth in the charter contract. The report must be 709
made available to the public at the same time as it is submitted 710
to the Legislature. The authorizer may require each charter 711
school it oversees to submit an annual report to assist the 712
authorizer in gathering complete information about each school, 713
consistent with the performance framework. 714
(3) If a charter school's performance or legal compliance is 715
unsatisfactory, the authorizer shall notify promptly the charter 716
school of the problem and provide reasonable opportunity for the 717
school to remedy the problem unless the problem warrants 718
revocation, in which case the revocation timeframes will apply. 719
(4) The authorizer may take appropriate corrective actions 720
or exercise sanctions in response to apparent deficiencies in a 721
charter school's performance or legal compliance. If warranted, 722
the actions or sanctions may include requiring a charter school to 723
develop and execute a corrective action plan within a specified 724
timeframe. 725
SECTION 17. Section 37-28-33, Mississippi Code of 1972, is 726
brought forward as follows: 727
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 31 (icj\tb)

37-28-33. (1) A charter may be renewed for successive 728
five-year terms of duration. The authorizer may grant renewal 729
with specific conditions for necessary improvements to a charter 730
school and may lessen the renewal term based on the performance, 731
demonstrated capacities and particular circumstances of each 732
charter school. 733
(2) Before September 30, the authorizer shall issue a 734
charter school performance report and charter renewal application 735
guidance to any charter school whose charter will expire the 736
following year. The performance report must summarize the charter 737
school's performance record to date, based on the data required by 738
this chapter and the charter contract, and must provide notice of 739
any weaknesses or concerns perceived by the authorizer which may 740
jeopardize the charter school's position in seeking renewal if not 741
timely rectified. The charter school must respond and submit any 742
corrections or clarifications for the performance report within 743
ninety (90) days after receiving the report. 744
(3) The charter renewal application guidance must provide, 745
at a minimum, an opportunity for the charter school to: 746
(a) Present additional evidence, beyond the data 747
contained in the performance report, supporting its case for 748
charter renewal; 749
(b) Describe improvements undertaken or planned for the 750
school; and 751
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 32 (icj\tb)

(c) Detail the school's plans for the next charter 752
term. 753
(4) The charter renewal application guidance must include or 754
refer explicitly to the criteria that will guide the authorizer's 755
renewal decision, which must be based on the performance framework 756
set forth in the charter contract and consistent with this 757
chapter. 758
(5) Before February 1, the governing board of a charter 759
school seeking renewal shall submit a renewal application to the 760
authorizer pursuant to the charter renewal application guidance 761
issued by the authorizer. The authorizer shall adopt a resolution 762
ruling on the renewal application no later than ninety (90) days 763
after the filing of the renewal application. 764
(6) In making each charter renewal decision, the authorizer 765
must: 766
(a) Ground its decision in evidence of the school's 767
performance over the term of the charter contract in accordance 768
with the performance framework set forth in the charter contract; 769
(b) Ensure that data used in making the renewal 770
decision is available to the school and the public; and 771
(c) Provide a public report summarizing the evidence 772
that is the basis for the renewal decision. 773
(7) A charter contract must be revoked at any time or not 774
renewed if the authorizer determines that the charter school has 775
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 33 (icj\tb)

done any of the following or otherwise failed to comply with the 776
provisions of this chapter: 777
(a) Committed a material and substantial violation of 778
any of the terms, conditions, standards or procedures required 779
under this chapter or the charter contract; 780
(b) Failed to meet or make sufficient progress toward 781
the performance expectations set forth in the charter contract; 782
(c) Failed to meet generally accepted standards of 783
fiscal management; or 784
(d) Substantially violated any material provision of 785
law which is applicable to the charter school. 786
(8) The authorizer shall develop revocation and nonrenewal 787
processes that: 788
(a) Provide the governing board of a charter school 789
with a timely notification of the prospect of revocation or 790
nonrenewal and of the reasons for such possible closure; 791
(b) Allow the governing board a reasonable amount of 792
time in which to prepare a response; 793
(c) Provide the governing board with an opportunity to 794
submit documents and give testimony challenging the rationale for 795
closure and in support of the continuation of the school at an 796
orderly proceeding held for that purpose; 797
(d) Allow the governing board access to representation 798
by counsel and to call witnesses on the school's behalf; 799
(e) Permit the recording of such proceedings; and 800
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 34 (icj\tb)

(f) After a reasonable period for deliberation, require 801
a final determination to be made and conveyed in writing to the 802
governing board. 803
(9) Notwitstanding any provision to the contrary, the 804
authorizer may not renew the charter of any charter school that, 805
during the school's final operating year under the term of the 806
charter contract, is designated an "F" school under the school 807
accreditation rating system. 808
(10) If the authorizer revokes or does not renew a charter, 809
the authorizer must state clearly, in a resolution of adopted by 810
the authorizer board, the reasons for the revocation or 811
nonrenewal. 812
(11) Within ten (10) days after taking action to renew, not 813
renew or revoke a charter, the authorizer shall provide a report 814
to the charter school. The report must include a copy of the 815
authorizer board's resolution setting forth the action taken, 816
reasons for the board's decision and assurances as to compliance 817
with all of the requirements set forth in this chapter. 818
SECTION 18. Section 37-28-35, Mississippi Code of 1972, is 819
brought forward as follows: 820
37-28-35. (1) Before implementing a charter school closure 821
decision, the authorizer must develop a charter school closure 822
protocol to ensure timely notification to parents, orderly 823
transition of students and student records to new schools, and 824
proper disposition of school funds, property and assets in 825
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 35 (icj\tb)

accordance with the requirements of this chapter. The protocol 826
must specify tasks, timelines and responsible parties, including 827
delineating the respective duties of the school and the 828
authorizer. If a charter school is to be closed for any reason, 829
the authorizer shall oversee and work with the closing school to 830
ensure a smooth and orderly closure and transition for students 831
and parents, as guided by the closure protocol. 832
(2) If a charter school closes, all unspent government 833
funds, unspent earnings from those funds and assets purchased with 834
government funds must revert to the local school district in which 835
the charter school is located. Unless otherwise provided for in 836
the charter or a debt instrument, unspent funds from 837
nongovernmental sources, unspent earnings from those funds, assets 838
purchased with those funds and debts of the school must revert to 839
the nonprofit entity created to operate the school and may be 840
disposed of according to applicable laws for nonprofit 841
corporations. 842
SECTION 19. Section 37-28-37, Mississippi Code of 1972, is 843
brought forward as follows: 844
37-28-37. (1) Before October 1 of each year, beginning in 845
the year that the state has had at least one (1) charter school 846
operating for a full school year, the Mississippi Charter School 847
Authorizer Board shall issue to the Governor, Legislature, State 848
Board of Education and the public an annual report on the state's 849
charter schools for the preceding school year. The report must 850
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 36 (icj\tb)

include a comparison of the performance of charter school students 851
with the performance of academically, ethnically and economically 852
comparable groups of students in the school district in which a 853
charter school is located. In addition, the report must include 854
the authorizer's assessment of the successes, challenges and areas 855
for improvement in meeting the purposes of this chapter. The 856
report also must include an assessment on whether the number and 857
size of operating charter schools are sufficient to meet demand, 858
as calculated according to admissions data and the number of 859
students denied enrollment based on lottery results. The report 860
due from the authorizer under this section must be coordinated 861
with reports due from charter school governing boards, as near as 862
possible, to decrease or eliminate duplication. 863
(2) The Joint Legislative Committee on Performance 864
Evaluation and Expenditure Review (PEER) shall prepare an annual 865
report assessing the sufficiency of funding for charter schools, 866
the efficacy of the state formula for authorizer funding, and any 867
suggested changes in state law or policy necessary to strengthen 868
the state's charter schools. 869
SECTION 20. Section 37-28-39, Mississippi Code of 1972, is 870
brought forward as follows: 871
37-28-39. (1) Notwithstanding any provision of law to the 872
contrary, to the extent that any provision of this chapter is 873
inconsistent with any other state or local law, rule or 874
regulation, the provisions of this act govern and are controlling. 875
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 37 (icj\tb)

(2) A charter school and any education service provider 876
which provides comprehensive management for a charter school must 877
be a nonprofit education organization. 878
(3) A charter school is subject to all federal laws and 879
authorities specified in this chapter or agreed upon with the 880
authorizer in the charter contract, where such contracting is 881
consistent with applicable laws, rules and regulations. 882
(4) To the extent approved by the authorizer, a charter 883
contract may consist of one or more schools. Each charter school 884
that is part of a charter contract must be separate and distinct 885
from any other charter school. 886
(5) A single governing board may hold one or more charter 887
contracts. 888
(6) A charter school must function as a local educational 889
agency, and as such, a charter school is responsible for meeting 890
the requirements of local educational agencies under applicable 891
federal laws, including those relating to special education, 892
receipt of funds and compliance with funding requirements. Status 893
as a local educational agency, however, does not preclude a 894
charter school from developing, by mutual agreement or formal 895
contract, links with the local school district for services, 896
resources and programs. 897
SECTION 21. Section 37-28-41, Mississippi Code of 1972, is 898
brought forward as follows: 899
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 38 (icj\tb)

37-28-41. A charter school may exercise those powers 900
necessary for carrying out the terms of its charter contract, 901
including the following powers: 902
(a) To receive and disburse funds authorized by law for 903
school purposes; 904
(b) To secure appropriate insurance and to enter into 905
contracts and leases; 906
(c) To contract with an education service provider for 907
the management and operation of the charter school so long as the 908
school's governing board retains oversight authority over the 909
school; 910
(d) To solicit and accept any gifts or grants for 911
school purposes subject to applicable laws and the terms of its 912
charter contract; 913
(e) To acquire real property for use as its facility or 914
facilities, from public or private sources; and 915
(f) To sue and be sued in its own name. 916
SECTION 22. Section 37-28-43, Mississippi Code of 1972, is 917
brought forward as follows: 918
37-28-43. (1) A charter school may not discriminate against 919
any person on the basis of race, creed, color, sex, disability, 920
national origin or any other category that would be unlawful if 921
done by a noncharter public school. 922
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 39 (icj\tb)

(2) A charter school may not engage in any sectarian 923
practices in its educational program, admissions or employment 924
policies or operations. 925
(3) A charter school may not discriminate against any 926
student on the basis of national origin, minority status or 927
limited proficiency in English. Consistent with federal civil 928
rights laws, charter schools must provide limited English 929
proficient students with appropriate services designed to teach 930
them English and the general curriculum. 931
(4) A charter school may not charge tuition. 932
(5) The terms of each charter school must include a 933
transportation plan for students attending the charter school. 934
(6) Subject to the approval of the authorizer, a charter 935
school may contract with an accredited online course provider for 936
the delivery of virtual courses to students enrolled in the 937
charter school. 938
(7) Except to the extent authorized under paragraph (c) of 939
Section 37-28-41, the powers, obligations and responsibilities set 940
forth in the charter contract may not be delegated or assigned by 941
either party. 942
SECTION 23. Section 37-28-45, Mississippi Code of 1972, is 943
brought forward as follows: 944
37-28-45. (1) Charter schools are subject to the same civil 945
rights, health and safety requirements applicable to noncharter 946
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 40 (icj\tb)

public schools in the state, except as otherwise specifically 947
provided in this chapter. 948
(2) Charter schools are subject to the student assessment 949
and accountability requirements applicable to noncharter public 950
schools in the state; however, this requirement does not preclude 951
a charter school from establishing additional student assessment 952
measures that go beyond state requirements if the authorizer 953
approves those measures. 954
(3) Although a charter school is geographically located 955
within the boundaries of a particular school district and enrolls 956
students who reside within the school district, the charter school 957
may not be considered a school within that district under the 958
purview of the school district's school board. The rules, 959
regulations, policies and procedures established by the school 960
board for the noncharter public schools that are in the school 961
district in which the charter school is geographically located do 962
not apply to the charter school unless otherwise required under 963
the charter contract or any contract entered into between the 964
charter school governing board and the local school board. 965
(4) Whenever the provisions of Title 37, Mississippi Code of 966
1972, relating to the elementary and secondary education of public 967
school students establish a requirement for or grant authority to 968
local school districts, their school boards and the schools within 969
the respective school districts, the language "school districts," 970
"school boards," "boards of trustees," "the schools within a 971
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 41 (icj\tb)

school district," or any other similar phraseology does not 972
include a charter school and the governing board of a charter 973
school unless the statute specifically is made applicable to 974
charter schools as well as noncharter public schools. 975
(5) A charter school is not subject to any rule, regulation, 976
policy or procedure adopted by the State Board of Education or the 977
State Department of Education unless otherwise required by the 978
authorizer or in the charter contract. 979
(6) Charter schools are not exempt from the following 980
statutes: 981
(a) Chapter 41, Title 25, Mississippi Code of 1972, 982
which relate to open meetings of public bodies. 983
(b) Chapter 61, Title 25, Mississippi Code of 1972, 984
which relate to public access to public records. 985
(c) Section 37-3-51, which requires notice by the 986
district attorney of licensed school employees who are convicted 987
of certain sex offenses. 988
(d) Section 37-3-53, which requires publication of the 989
Mississippi Report Card by the State Board of Education. 990
(e) Section 37-11-18, which requires the automatic 991
expulsion of a student possessing a weapon or controlled substance 992
on educational property. 993
(f) Section 37-11-18.1, which requires expulsion of 994
certain habitually disruptive students. 995
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 42 (icj\tb)

(g) Section 37-11-19, which requires suspension or 996
expulsion of a student who damages school property. 997
(h) Section 37-11-20, which prohibits acts of 998
intimidation intended to keep a student from attending school. 999
(i) Section 37-11-21, which prohibits parental abuse of 1000
school staff. 1001
(j) Section 37-11-23, which prohibits the willful 1002
disruption of school and school meetings. 1003
(k) Sections 37-11-29 and 37-11-31, which relate to 1004
reporting requirements regarding unlawful or violent acts on 1005
school property. 1006
(l) Section 37-11-67, which prohibits bullying or 1007
harassing behavior in public schools. 1008
(m) Section 37-13-3, which prohibits doctrinal, 1009
sectarian or denominational teaching in public schools. 1010
(n) Sections 37-13-5 and 37-13-6, which require the 1011
flags of the United States and the State of Mississippi to be 1012
displayed near the school building. 1013
(o) Section 37-13-63(1), which prescribes the minimum 1014
number of days which public schools must be kept in session during 1015
a scholastic year. 1016
(p) Section 37-13-91, which is the Mississippi 1017
Compulsory School Attendance Law. 1018
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 43 (icj\tb)

(q) Section 37-13-171(2) and (4), which requires any 1019
course containing sex-related education to include instruction in 1020
abstinence-only or abstinence-plus education. 1021
(r) Section 37-13-173, which requires notice to parents 1022
before instruction on human sexuality is provided in public 1023
classrooms. 1024
(s) Section 37-13-193, which relates to civil rights 1025
and human rights education in the public schools. 1026
(t) Sections 37-15-1 and 37-15-3, which relate to the 1027
maintenance and transfer of permanent student records in public 1028
schools. 1029
(u) Section 37-15-6, which requires the State 1030
Department of Education to maintain a record of expulsions from 1031
the public schools. 1032
(v) Section 37-15-9, which establishes minimum age 1033
requirements for kindergarten and first grade enrollment in public 1034
schools. 1035
(w) Section 37-15-11, which requires a parent, legal 1036
guardian or custodian to accompany a child seeking enrollment in a 1037
public school. 1038
(x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, 1039
which relate to the statewide assessment testing program. 1040
(y) Section 37-18-1, which establishes the 1041
Superior-Performing Schools Program and Exemplary Schools Program 1042
to recognize public schools that improve. 1043
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 44 (icj\tb)

SECTION 24. Section 37-28-47, Mississippi Code of 1972, is 1044
brought forward as follows: 1045
37-28-47. (1) (a) Charter schools must comply with 1046
applicable federal laws, rules and regulations regarding the 1047
qualification of teachers and other instructional staff. No more 1048
than twenty-five percent (25%) of teachers in a charter school may 1049
be exempt from state teacher licensure requirements. 1050
Administrators of charter schools are exempt from state 1051
administrator licensure requirements. However, teachers and 1052
administrators must have a bachelor's degree as a minimum 1053
requirement, and teachers must have demonstrated subject-matter 1054
competency. Within three (3) years of a teacher's employment by a 1055
charter school, the teacher must have, at a minimum, alternative 1056
licensure approved by the Commission on Teacher and Administrator 1057
Education, Certification and Licensure and Development. 1058
(b) A charter school may not staff positions for 1059
teachers, administrators, ancillary support personnel or other 1060
employees by utilizing or otherwise relying on nonimmigrant 1061
foreign worker visa programs. However, a charter school may 1062
submit a request to the authorizer for an exception allowing the 1063
employment of a nonimmigrant foreign worker before the worker is 1064
employed. The authorizer may grant permission for the employment 1065
of the nonimmigrant foreign worker only if the charter school 1066
makes a satisfactory showing of efforts to recruit lawful 1067
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 45 (icj\tb)

permanent residents of the United States to fill the position and 1068
a lack of qualified applicants to fill the position. 1069
(2) Employees in charter schools must have the same general 1070
rights and privileges as other public school employees, except 1071
such employees are not: 1072
(a) Covered under the Education Employment Procedures 1073
Law (Section 37-9-103); and 1074
(b) Subject to the state salary requirements prescribed 1075
in Section 37-19-7. 1076
(3) For the purpose of eligibility for participation in the 1077
Public Employees' Retirement System, a public charter school is 1078
considered to be a political subdivision of the state. Employees 1079
in public charter schools are eligible for participation in other 1080
benefits programs if the public charter school governing board 1081
chooses to participate. 1082
SECTION 25. Section 37-28-49, Mississippi Code of 1972, is 1083
brought forward as follows: 1084
37-28-49. (1) Charter school teachers and other school 1085
personnel, as well as members of the governing board and any 1086
education service provider with whom a charter school contracts, 1087
are subject to criminal history record checks and fingerprinting 1088
requirements applicable to employees of other public schools. The 1089
authorizer shall require that current criminal records background 1090
checks and current child abuse registry checks are obtained, and 1091
that the criminal record information and registry checks are on 1092
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 46 (icj\tb)

file at the charter school for any new hires applying for 1093
employment. In order to determine an applicant's suitability for 1094
employment, the applicant must be fingerprinted. If no 1095
disqualifying record is identified at the state level, the 1096
fingerprints must be forwarded by the Department of Public Safety 1097
to the Federal Bureau of Investigation for a national criminal 1098
history record check. Under no circumstances may a member of the 1099
Mississippi Charter School Authorizer Board, member of the charter 1100
school governing board or any individual other than the subject of 1101
the criminal history record checks disseminate information 1102
received through the checks except as may be required to fulfill 1103
the purposes of this section. The determination whether the 1104
applicant has a disqualifying crime, as set forth in subsection 1105
(2) of this section, must be made by the appropriate state or 1106
federal governmental authority, which must notify the charter 1107
school whether a disqualifying crime exists. 1108
(2) If the fingerprinting or criminal record checks disclose 1109
a felony conviction, guilty plea or plea of nolo contendere to a 1110
felony of possession or sale of drugs, murder, manslaughter, armed 1111
robbery, rape, sexual battery, sex offense listed in Section 1112
45-33-23(g), child abuse, arson, grand larceny, burglary, 1113
gratification of lust or aggravated assault which has not been 1114
reversed on appeal or for which a pardon has not been granted, the 1115
new hire is not eligible to be employed at the charter school. 1116
However, the charter school, in its discretion, may allow any 1117
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 47 (icj\tb)

applicant aggrieved by the employment decision under this section 1118
to show mitigating circumstances that exist and may allow, subject 1119
to the approval of the Mississippi Charter School Authorizer 1120
Board, the new hire to be employed at the school. The authorizer 1121
may approve the employment depending on the mitigating 1122
circumstances, which may include, but need not be limited to: (a) 1123
age at which the crime was committed; (b) circumstances 1124
surrounding the crime; (c) length of time since the conviction and 1125
criminal history since the conviction; (d) work history; (e) 1126
current employment and character references; and (f) other 1127
evidence demonstrating the ability of the person to perform the 1128
employment responsibilities competently and that the person does 1129
not pose a threat to the health or safety of children. 1130
(3) No charter school, charter school employee, member of 1131
the charter school governing board, the Mississippi Charter School 1132
Authorizer Board or member or employee of the Mississippi Charter 1133
School Authorizer Board employee may be held liable in any 1134
employment discrimination suit in which an allegation of 1135
discrimination is made regarding an employment decision authorized 1136
under this section. 1137
(4) A charter school shall terminate any teacher or 1138
administrator for committing one or more of the following acts: 1139
(a) Engaging in unethical conduct relating to an 1140
educator-student relationship as identified by the Mississippi 1141
Charter School Authorizer Board; 1142
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 48 (icj\tb)

(b) Fondling a student as described in Section 97-5-23 1143
or engaging in any type of sexual involvement with a student as 1144
described in Section 97-3-95; or 1145
(c) Failure to report sexual involvement of a charter 1146
school employee with a student as required by Section 97-5-24. 1147
SECTION 26. Section 37-28-51, Mississippi Code of 1972, is 1148
brought forward as follows: 1149
37-28-51. A charter school is eligible to participate in 1150
state-sponsored or district-sponsored athletic and academic 1151
interscholastic leagues, competitions, awards, scholarships and 1152
recognition programs for students, educators, administrators and 1153
schools to the same extent as noncharter public schools. 1154
SECTION 27. Section 37-28-53, Mississippi Code of 1972, is 1155
brought forward as follows: 1156
37-28-53. (1) Each charter school shall certify annually to 1157
the State Department of Education its student enrollment, net 1158
enrollment and student participation in federal programs. 1159
(2) Each charter school shall certify annually to the school 1160
board of the school district in which the charter school is 1161
located the number of enrolled charter school students residing in 1162
the school district. 1163
SECTION 28. Section 37-28-55, Mississippi Code of 1972, is 1164
brought forward as follows: 1165
37-28-55. (1) (a) The State Department of Education shall 1166
make payments to charter schools for each student in net 1167
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 49 (icj\tb)

enrollment at the charter school, as determined under Section 1168
37-151-207, equal to the state share of total funding formula 1169
payments for each student, as determined under Section 37-151-211. 1170
(b) Payments made pursuant to this subsection by the 1171
State Department of Education must be made at the same time and in 1172
the same manner as total funding formula payments are made to 1173
school districts under Sections 37-151-101 and 37-151-103. 1174
Amounts payable to a charter school must be determined by the 1175
State Department of Education pursuant to this section and the 1176
total funding formula. Enrollment projections made under Section 1177
37-151-207 to determine the net enrollment of a charter school for 1178
calculating the state share payment must be reconciled with a 1179
charter school's net enrollment using months two (2) and three (3) 1180
for the year for which total funding formula funds are being 1181
appropriated, and any necessary adjustments must be made to 1182
payments during the school's following year of operation. Any 1183
necessary adjustment must be based on the state share of the per 1184
pupil amount in effect for the year for which net membership did 1185
not meet enrollment projections and not any new amount 1186
appropriated for the year in which the adjustment will be made. 1187
If a charter school is closed by the authorizer before the 1188
following year, it must pay to the state any amounts due before 1189
completion of the closure. 1190
(2) (a) For students attending a charter school located in 1191
the school district in which the student resides, the school 1192
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 50 (icj\tb)

district in which the charter school is located shall pay directly 1193
to the charter school an amount as follows: the sum of the local 1194
pro rata amount, as calculated by the State Department of 1195
Education in accordance with Section 37-151-211(2)(b) (local 1196
contribution), and the local pro rata amount, as calculated by the 1197
State Department of Education in accordance with Section 37-57-105 1198
(school district operational levy), multiplied by the number of 1199
resident students enrolled in the charter school, based on the 1200
charter school's months two (2) and three (3) net enrollment of 1201
resident students for the current school year. However, the 1202
amount to the charter school may not include any taxes levied for 1203
the retirement of the local school district's bonded indebtedness 1204
or short-term notes or any taxes levied for the support of 1205
vocational-technical education programs. 1206
(b) The amount must be paid by the school district to 1207
the charter school before January 16 of the current fiscal year. 1208
If the local school district does not pay the required amount to 1209
the charter school before January 16, the State Department of 1210
Education shall reduce the local school district's January 1211
transfer of total funding formula funds by the amount owed to the 1212
charter school and shall redirect that amount to the charter 1213
school. Any such payments made under this paragraph by the State 1214
Department of Education to a charter school must be made at the 1215
same time and in the same manner as total funding formula payments 1216
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 51 (icj\tb)

are made to school districts under Sections 37-151-101 and 1217
37-151-103. 1218
(3) (a) For students attending a charter school located in 1219
a school district in which the student does not reside, the State 1220
Department of Education shall pay to the charter school in which 1221
the students are enrolled an amount as follows: the sum of the 1222
local pro rata amount, as calculated by the State Department of 1223
Education in accordance with Section 37-151-211(2)(b) (local 1224
contribution), and the local pro rata amount, as calculated by the 1225
State Department of Education in accordance with Section 37-57-105 1226
(school district operational levy), multiplied by the number of 1227
students enrolled in the charter school but residing in that 1228
district, based on the charter school's months two (2) and three 1229
(3) net enrollment of these students for the current school year. 1230
However, the amount to the charter school may not include any 1231
taxes levied for the retirement of the local school district's 1232
bonded indebtedness or short-term notes or any taxes levied for 1233
the support of vocational-technical education programs. 1234
(b) The State Department of Education shall reduce the 1235
school district's January transfer of total funding formula funds 1236
by the amount owed to the charter school and shall redirect that 1237
amount to the charter school. Any such payments made under this 1238
subsection (3) by the State Department of Education to a charter 1239
school must be made at the same time and in the same manner as 1240
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 52 (icj\tb)

total funding formula payments are made to school districts under 1241
Sections 37-151-101 and 37-151-103. 1242
(4) (a) The State Department of Education shall direct the 1243
proportionate share of monies generated under federal programs, 1244
including, but not limited to, special education, vocational, 1245
English Language Learner, and other programs, to charter schools 1246
serving students eligible for such funding. The department shall 1247
ensure that charter schools with rapidly expanding enrollments are 1248
treated equitably in the calculation and disbursement of all 1249
federal program dollars. Each charter school that serves students 1250
who may be eligible to receive services provided through such 1251
programs shall comply with all reporting requirements to receive 1252
the aid. 1253
(b) A charter school shall pay to a local school 1254
district any federal or state aid attributable to a student with a 1255
disability attending the charter school in proportion to the level 1256
of services for that student which the local school district 1257
provides directly or indirectly. 1258
(c) Subject to the approval of the authorizer, a 1259
charter school and a local school district may negotiate and enter 1260
into a contract for the provision of and payment for special 1261
education services, including, but not necessarily limited to, a 1262
reasonable reserve not to exceed five percent (5%) of the local 1263
school district's total budget for providing special education 1264
services. The reserve may be used by the local school district 1265
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 53 (icj\tb)

only to offset excess costs of providing services to students with 1266
disabilities enrolled in the charter school. 1267
(5) (a) The State Department of Education shall disburse 1268
state transportation funding to a charter school on the same basis 1269
and in the same manner as it is paid to school districts. 1270
(b) A charter school may enter into a contract with a 1271
school district or private provider to provide transportation to 1272
the school's students. 1273
(6) The State Department of Education shall disburse 1274
Education Enhancement Funds for classroom supplies, instructional 1275
materials and equipment, including computers and computer software 1276
to all eligible charter school teachers on the same basis and in 1277
the same manner as it is paid to school districts under Section 1278
37-61-33(3)(a)(iii) for the purpose of issuing procurement cards 1279
or credentials for a digital solution to eligible teachers. 1280
SECTION 29. Section 37-28-57, Mississippi Code of 1972, is 1281
brought forward as follows: 1282
37-28-57. (1) A charter school must adhere to generally 1283
accepted accounting principles. 1284
(2) A charter school shall have its financial records 1285
audited annually, at the end of each fiscal year, either by the 1286
State Auditor or by a certified public accountant approved by the 1287
State Auditor. However, a certified public accountant may not be 1288
selected to perform the annual audit of a charter school if that 1289
accountant previously has audited the charter school for more than 1290
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 54 (icj\tb)

three (3) consecutive years. Certified public accountants must be 1291
selected in a manner determined by the State Auditor. The charter 1292
school shall file a copy of each audit report and accompanying 1293
management letter with the authorizer before October 1. 1294
SECTION 30. Section 37-28-59, Mississippi Code of 1972, is 1295
brought forward as follows: 1296
37-28-59. (1) Any monies received by a charter school from 1297
any source remaining in the charter school's accounts at the end 1298
of a budget year must remain in the charter school's accounts for 1299
use by the charter school during subsequent budget years. 1300
(2) Nothing in this chapter may be construed to prohibit any 1301
person or organization from providing funding or other assistance 1302
to the establishment or operation of a charter school. The 1303
governing board of a charter school may accept gifts, donations 1304
and grants of any kind made to the charter school and may expend 1305
or use such gifts, donations and grants in accordance with the 1306
conditions prescribed by the donor; however, a gift, donation or 1307
grant may not be accepted if it is subject to a condition that is 1308
contrary to any provision of law or term of the charter contract. 1309
(3) A charter school must disclose publicly all sources of 1310
private funding and all funds received from foreign sources, 1311
including gifts from foreign governments, foreign legal entities 1312
and domestic entities affiliated with either foreign governments 1313
or foreign legal entities. For the purposes of this subsection, 1314
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 55 (icj\tb)

the term "foreign" means a country or jurisdiction outside of any 1315
state or territory of the United States. 1316
SECTION 31. Section 37-28-61, Mississippi Code of 1972, is 1317
brought forward as follows: 1318
37-28-61. (1) A charter school has a right of first refusal 1319
to purchase or lease at or below fair market value a closed public 1320
school facility or property or unused portions of a public school 1321
facility or property in the school district in which the charter 1322
school is located if the school district decides to sell or lease 1323
the public school facility or property. If a conversion charter 1324
school application is successful, the local school district owning 1325
the conversion charter school's facility must offer to lease or 1326
sell the building to the conversion charter school at or below 1327
fair market value. 1328
(2) A charter school may negotiate and contract at or below 1329
fair market value with a school district, state institution of 1330
higher learning, public community or junior college, or any other 1331
public or for-profit or nonprofit private entity for the use of a 1332
facility for a school building. 1333
(3) Public entities, including, but not limited to, 1334
libraries, community service organizations, museums, performing 1335
arts venues, theatres, cinemas, churches, community and junior 1336
colleges, colleges and universities, may provide space to charter 1337
schools within their facilities under their preexisting zoning and 1338
land use designations. 1339
S. B. No. 2287 *SS26/R1071* ~ OFFICIAL ~
26/SS26/R1071
PAGE 56 (icj\tb)
ST: Mississippi Charter Schools Act of 2013;
bring forward.
SECTION 32. This act shall take effect and be in force from 1340
and after July 1, 2026. 1341