Schools; enhance MDE and district efficiency, modify charter school board terms, and revise local contribution calculation.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) McMahan

SENATE BILL NO. 2295

AN ACT TO REQUIRE THAT THE JOINT LEGISLATIVE COMMITTEE ON 1
PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER) PREPARE A 2
REPORT ON SCHOOL DISTRICT IMPLEMENTATION OF EFFICIENCY MEASURES 3
RECOMMENDED BY PEER, TO BE SUBMITTED TO THE LEGISLATURE BY 4
DECEMBER 31, 2026; TO AMEND SECTION 37-3-5, MISSISSIPPI CODE OF 5
1972, TO REQUIRE THAT THE DEPARTMENT OF EDUCATION PROVIDE 6
CONSULTING TO SCHOOL DISTRICTS REGARDING THE EFFICIENT USE OF 7
TECHNOLOGY AND THE CREATION OF DISASTER RECOVERY PLANS; TO AMEND 8
SECTION 37-13-137, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE 9
DEPARTMENT PROVIDE CONSULTING TO SCHOOL DISTRICTS REGARDING 10
NUTRITIONAL PROGRAMS; TO AMEND SECTION 37-37-1, MISSISSIPPI CODE 11
OF 1972, TO REQUIRE THAT THE DEPARTMENT ANNUALLY REVIEW ITS 12
ACCOUNTING MANUALS FOR SCHOOL DISTRICTS AND MAKE PROPOSED CHANGES 13
TO ENSURE MORE PRECISE REPORTING OF DISTRICT ACCOUNTING FOR FUNDS 14
BUDGETED AND EXPENDED; TO AMEND SECTION 37-41-13, MISSISSIPPI CODE 15
OF 1972, TO REQUIRE THAT THE DEPARTMENT PROVIDE CONSULTING TO 16
SCHOOL DISTRICTS REGARDING STUDENT TRANSPORTATION ROUTE PLANNING; 17
TO AMEND SECTION 37-28-7, MISSISSIPPI CODE OF 1972, TO ESTABLISH 18
STAGGERED TERMS OF OFFICE FOR THE MISSISSIPPI CHARTER SCHOOL 19
AUTHORIZER BOARD; TO AMEND SECTION 37-28-11, MISSISSIPPI CODE OF 20
1972, TO ALLOW THE BOARD TO RECEIVE UP TO 3% OF ANNUAL PER-PUPIL 21
ALLOCATIONS RECEIVED BY A CHARTER SCHOOL FROM STATE AND LOCAL 22
FUNDS FOR EACH CHARTER SCHOOL IT AUTHORIZES; TO AMEND SECTION 23
37-151-211, MISSISSIPPI CODE OF 1972, TO REVISE THE ENROLLMENT 24
FIGURES USED IN THE REQUIRED LOCAL CONTRIBUTION OF EACH SCHOOL 25
DISTRICT OR CHARTER SCHOOL TOWARD THE COST OF LOCAL SCHOOL 26
FUNDING; AND FOR RELATED PURPOSES. 27
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 28
SECTION 1. (1) The Joint Legislative Committee on 29
Performance Evaluation and Expenditure Review (PEER) shall carry 30
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out responsibilities related to the evaluation of education 31
programs in the public schools of the state, including, but not 32
limited to: 33
(a) Preparing a list of all efficiency measures 34
recommended by PEER's contactor and used by school districts to 35
measure their efficiency; 36
(b) Summarizing actions school districts have taken to 37
reduce costs and improve efficiency based on the recommendations 38
made by PEER's contractor; and 39
(c) Compiling a report on school district cost savings, 40
to be made available to the Legislature by December 31, 2026. 41
(2) This section shall stand repealed on January 1, 2027. 42
SECTION 2. Section 37-3-5, Mississippi Code of 1972, is 43
amended as follows: 44
37-3-5. (1) The State Department of Education is hereby 45
charged with the execution of all laws relating to the 46
administrative, supervisory and consultative services to the 47
public schools and agricultural high schools of the school 48
districts throughout the State of Mississippi. The State 49
Department of Education is also authorized to grant property to 50
public school districts and agricultural high schools of the State 51
of Mississippi. Subject to the direction of the State Board of 52
Education as provided by law, the administration, management and 53
control of the department is hereby vested in the State 54
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Superintendent of Public Education, who shall be directly 55
responsible for the rightful functioning thereof. 56
(2) The Department of Education shall aid school districts 57
in creating technology and disaster recovery plans. The 58
department shall develop a plan template and provide guidance 59
documents for technology staff to use when developing these plans. 60
(3) In order for the Department of Education to better 61
understand the recourses and support needed to assist districts in 62
improving their technology programs, the department shall conduct 63
the following surveys at least every two (2) years: 64
(a) A detailed technology survey for district 65
technology leaders; and 66
(b) A detailed survey for teaching staff regarding 67
technology use in the classroom, including analyzing the 68
effectiveness of the Equity in Distance Learning Act. 69
SECTION 3. Section 37-13-137, Mississippi Code of 1972, is 70
amended as follows: 71
37-13-137. (1) The State Board of Education shall adopt 72
regulations as provided in this section not later than March 1, 73
2008, which shall be effective for compliance by school districts 74
beginning with the 2008-2009 school year, for the Child Nutrition 75
School Breakfast and Lunch Programs that are not in conflict with 76
the regulations of the United States Department of Agriculture 77
(USDA). The regulations shall take into account the most recent 78
and advanced scientific principles regarding good human health and 79
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fitness, and the effect of the regulations must be that the good 80
health, well-being and fitness of Mississippi school children 81
shall be advanced. The regulations shall include, but not be 82
limited to, the following areas: 83
(a) Healthy food and beverage choices; 84
(b) Healthy food preparation; 85
(c) Marketing of healthy food choices to students and 86
staff; 87
(d) Food preparation ingredients and products; 88
(e) Minimum and maximum time allotment for students and 89
staff lunch and breakfast periods; 90
(f) The availability of food items during the lunch and 91
breakfast periods of the Child Nutrition School Breakfast and 92
Lunch Programs; and 93
(g) Methods to increase participation in the Child 94
Nutrition School Breakfast and Lunch Programs. 95
(2) The Office of Healthy Schools of the State Department of 96
Education shall provide comprehensive training for 97
superintendents, business managers, food service directors and 98
food service managers of a local school district, or the designees 99
appointed by those individuals for training purposes, as required 100
by the department on marketing healthy foods, creating a healthy 101
cafeteria environment, effective and efficient food service 102
operations, the standards and expectations of food service staff, 103
and other topics as identified by the department. The department 104
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may determine the time and location of the trainings and the 105
frequency with which they are held. Persons employed by a local 106
school district having the certification as a Food Service 107
Administrator III or IV shall be exempt from the training 108
requirements of this subsection. 109
(3) Local school districts may adopt rules and regulations 110
that may be more stringent but not in conflict with those adopted 111
by the State Board of Education under this section. 112
(4) The department shall develop guidance to help district 113
nutrition programs improve their meals per labor hour to ensure 114
efficiency and productivity in food service in schools. The 115
department shall develop a standardized guide to assist districts 116
with strategies to increase their breakfast participation rates. 117
(5) The department shall develop guidance for districts 118
regarding using any excess reserves in their nutrition funds for 119
allowable expenses that could contribute to a more efficient 120
nutrition program. 121
SECTION 4. Section 37-37-1, Mississippi Code of 1972, is 122
amended as follows: 123
37-37-1. (1) The State Department of Education is hereby 124
authorized and directed to prescribe and formulate for use by all 125
school districts of this state, including municipal separate 126
school districts, adequate accounting systems and other essential 127
financial records which shall be uniform for all of the school 128
districts of this state. Such uniform system shall include a 129
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method of accounting for and keeping records of all funds 130
received, handled and disbursed by such school district, whether 131
derived from taxation or otherwise, including funds derived from 132
donations, athletic events and other special activities of the 133
school district. The uniform system of accounts so prescribed and 134
formulated by the State Department of Education shall be 135
distributed and disseminated to all of the school districts of 136
this state and it shall be mandatory that the boards of trustees 137
of all such school districts install, utilize and follow said 138
uniform system of accounts in keeping the financial records of the 139
school district. At the request of the Mississippi Department of 140
Education, the Office of the State Auditor shall provide advice 141
for implementation of this section. 142
(2) The Department of Education shall annually review its 143
Accounting Manual for School Districts to determine whether it 144
should make revisions that would assist districts in providing 145
greater detail, clarity, and accuracy of district revenues and 146
expenses. The department shall report any recommendations to the 147
State Board of Education, the Mississippi House and Senate 148
Education Committees, and the PEER Committee no later than 149
December 14 of each year. 150
SECTION 5. Section 37-41-13, Mississippi Code of 1972, is 151
amended as follows: 152
37-41-13. (1) All routes shall be laid out so as to place 153
all pupils entitled to transportation within a reasonable distance 154
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of same. No child entitled to transportation shall be required to 155
walk a greater distance than one (1) mile to reach the vehicle of 156
transportation in the morning or to reach his or her home in the 157
afternoon. 158
(2) The Department of Education shall develop guidance for 159
districts to use in assessing and optimizing bus routes with the 160
goal of improving transportation services and reducing costs. 161
SECTION 6. Section 37-28-7, Mississippi Code of 1972, is 162
amended as follows: 163
37-28-7. (1) There is created the Mississippi Charter 164
School Authorizer Board as a state agency with exclusive 165
chartering jurisdiction in the State of Mississippi. Unless 166
otherwise authorized by law, no other governmental agency or 167
entity may assume any charter authorizing function or duty in any 168
form. 169
(2) (a) The mission of the Mississippi Charter School 170
Authorizer Board is to authorize high-quality charter schools, 171
particularly schools designed to expand opportunities for 172
underserved students, consistent with the purposes of this 173
chapter. Subject to the restrictions and conditions prescribed in 174
this subsection, the Mississippi Charter School Authorizer Board 175
may authorize charter schools within the geographical boundaries 176
of any school district. 177
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(b) The Mississippi Charter School Authorizer Board may 178
approve a maximum of fifteen (15) qualified charter applications 179
during a fiscal year. 180
(c) In any school district designated as an "A," "B" or 181
"C" school district by the State Board of Education under the 182
accreditation rating system at the time of application, the 183
Mississippi Charter School Authorizer Board may authorize charter 184
schools only if a majority of the members of the local school 185
board votes at a public meeting to endorse the application or to 186
initiate the application on its own initiative. 187
(3) The Mississippi Charter School Authorizer Board shall 188
consist of seven (7) members, to be appointed as follows: 189
(a) Three (3) members appointed by the Governor, with 190
one (1) member being from each of the Mississippi Supreme Court 191
Districts. 192
(b) Three (3) members appointed by the Lieutenant 193
Governor, with one (1) member being from each of the Mississippi 194
Supreme Court Districts. 195
(c) One (1) member appointed by the State 196
Superintendent of Public Education. 197
All appointments must be made with the advice and consent of 198
the Senate. In making the appointments, the appointing authority 199
shall ensure diversity among members of the Mississippi Charter 200
School Authorizer Board. 201
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(4) Members appointed to the Mississippi Charter School 202
Authorizer Board collectively must possess strong experience and 203
expertise in public and nonprofit governance, management and 204
finance, public school leadership, assessment, curriculum and 205
instruction, and public education law. Each member of the 206
Mississippi Charter School Authorizer Board must have demonstrated 207
an understanding of and commitment to charter schooling as a 208
strategy for strengthening public education. 209
(5) To establish staggered terms of office, the initial term 210
of office for the three (3) Mississippi Charter School Authorizer 211
Board members appointed by the Governor shall be * * * staggered 212
with one (1) member serving a one-year term, one (1) member 213
serving a two-year term, and one (1) member serving a three-year 214
term; the initial term of office for the three (3) members 215
appointed by the Lieutenant Governor shall be * * * staggered with 216
one (1) member serving a one-year term, one (1) member serving a 217
two-year term, and one (1) member serving a three-year term; and 218
the initial term of office for the member appointed by the State 219
Superintendent of Public Education shall be two (2) years * * *. 220
After the expiration of the initial terms, members of the board 221
shall serve terms of three (3) years. No member may serve more 222
than two (2) consecutive terms. The initial appointments must be 223
made before * * * July 1, 2026. 224
(6) The Mississippi Charter School Authorizer Board shall 225
meet as soon as practical after September 1, 2013, upon the call 226
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of the Governor, and shall organize for business by selecting a 227
chairman and adopting bylaws. Subsequent meetings shall be called 228
by the chairman. 229
(7) An individual member of the Mississippi Charter School 230
Authorizer Board may be removed by the board if the member's 231
personal incapacity renders the member incapable or unfit to 232
discharge the duties of the office or if the member is absent from 233
a number of meetings of the board, as determined and specified by 234
the board in its bylaws. Whenever a vacancy on the Mississippi 235
Charter School Authorizer Board exists, the original appointing 236
authority shall appoint a member for the remaining portion of the 237
term. 238
(8) No member of the Mississippi Charter School Authorizer 239
Board or employee, agent or representative of the board may serve 240
simultaneously as an employee, trustee, agent, representative, 241
vendor or contractor of a charter school authorized by the board. 242
(9) The Mississippi Charter School Authorizer Board shall 243
appoint an individual to serve as the Executive Director of the 244
Mississippi Charter School Authorizer Board. The executive 245
director shall possess the qualifications established by the board 246
which are based on national best practices, and shall possess an 247
understanding of state and federal education law. The executive 248
director, who shall serve at the will and pleasure of the board, 249
shall devote his full time to the proper administration of the 250
board and the duties assigned to him by the board and shall be 251
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paid a salary established by the board, subject to the approval of 252
the State Personnel Board. Subject to the availability of 253
funding, the executive director may employ such administrative 254
staff as may be necessary to assist the director and board in 255
carrying out the duties and directives of the Mississippi Charter 256
School Authorizer Board. 257
(10) The Mississippi Charter School Authorizer Board is 258
authorized to obtain suitable office space for administrative 259
purposes. In acquiring a facility or office space, the authorizer 260
board shall adhere to all policies and procedures required by the 261
Department of Finance and Administration and the Public 262
Procurement Review Board. 263
SECTION 7. Section 37-28-11, Mississippi Code of 1972, is 264
amended as follows: 265
37-28-11. (1) To cover the costs of overseeing charter 266
schools in accordance with this chapter, the authorizer shall 267
receive up to three percent (3%) of annual per-pupil allocations 268
received by a charter school from state and local funds for each 269
charter school it authorizes. 270
(2) The authorizer may receive appropriate gifts, grants and 271
donations of any kind from any public or private entity to carry 272
out the purposes of this chapter, subject to all lawful terms and 273
conditions under which the gifts, grants or donations are given. 274
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(3) The authorizer may expend its resources, seek grant 275
funds and establish partnerships to support its charter school 276
authorizing activities. 277
SECTION 8. Section 37-151-211, Mississippi Code of 1972, is 278
amended as follows: 279
37-151-211. (1) (a) Before February 1 of each year, the 280
tax assessor of each county shall file reports with the State 281
Department of Education which provide information essential to the 282
department in determining the local contribution that each school 283
district or charter school is required to provide toward the cost 284
of local school funding. A separate report must be filed for each 285
school district or part of a school district situated in the 286
county and must include the following information: 287
(i) The total assessed valuation of nonexempt 288
property for school purposes in each school district; 289
(ii) Assessed value of exempt property owned by 290
homeowners aged sixty-five (65) or older or disabled, as defined 291
in Section 27-33-67(2); 292
(iii) The school district's tax loss from 293
exemptions provided to applicants under the age of sixty-five (65) 294
and not disabled, as defined in Section 27-33-67(1); and 295
(iv) The school district's homestead reimbursement 296
revenues. 297
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(b) The State Department of Education shall prepare and 298
make available to the tax assessor of each county a form for the 299
reports required under paragraph (a) of this subsection (1)(a). 300
(2) (a) The department shall use the information submitted 301
pursuant to subsection (1) to calculate and certify to each school 302
district the millage required to raise its minimum local tax 303
effort, which must be the value of not less than twenty-eight (28) 304
mills for the then current fiscal year or a millage rate 305
equivalent to twenty-seven percent (27%) of the total funding 306
formula funds for the school district, any charter schools, and 307
any Mississippi Achievement School District Schools located in its 308
boundaries, whichever is a lesser amount as certified to the 309
school district by the department, upon all of the taxable 310
property of the school district, including the following sources: 311
(i) One hundred percent (100%) of Grand Gulf 312
income, as prescribed in Section 27-35-309; and 313
(ii) One hundred percent (100%) of any fees in 314
lieu of taxes, as prescribed in Section 27-31-104, in accordance 315
with Section 37-57-1. 316
(b) The department shall determine the local 317
contribution of each school district or charter school based on 318
the minimum local tax effort, as determined under paragraph (a), 319
and shall certify this required local contribution to each school 320
district or charter school, as follows: 321
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(i) For school districts in which there are no 322
charter schools, the minimum local tax effort is the required 323
local contribution for the school district. 324
(ii) For school districts in which there is 325
located one or more charter schools, the local contribution of the 326
school district is the product of multiplying the local pro rata 327
amount by the net enrollment of the school district. The 328
department will calculate the local pro rata amount by dividing 329
the school district's minimum local tax effort by the sum of the 330
net enrollment of the school district, * * * and the * * * net 331
enrollment of charter school students * * * who reside or are 332
estimated to reside in the district * * *. The department shall 333
calculate net enrollment based on each school district's and each 334
charter school's actual enrollment for months two (2) and three 335
(3) of the school year for which the local ad valorem funds are 336
being distributed. These net-enrollment figures shall be used 337
solely for determining the local pro rata amount and the local 338
contribution under this paragraph (b), and shall not modify, 339
replace, or affect any enrollment, average daily membership, or 340
projected enrollment calculation used for the total funding 341
formula or for any other funding calculation under this chapter. 342
(iii) For each charter school, the local 343
contribution is the sum of the local pro rata amount for each 344
charter school student, * * * based on each student's district of 345
residence. The department will calculate a local pro rata amount 346
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for each school district in which a student * * * attending the 347
charter school resides or is estimated to reside using the 348
methodology in subparagraph (ii) of this paragraph (b). 349
(iv) In the case of an agricultural high school, 350
the local contribution is based on an equitable amount per pupil, 351
as determined by the State Board of Education. The State Board of 352
Education shall set the millage requirement to generate such an 353
amount and will certify this amount and millage requirement to 354
agricultural high schools in the same manner as for all other 355
school districts under this subsection. 356
(3) Except as otherwise provided in Section 37-151-213(1), 357
the required state share in support of each school district and 358
charter school is determined by subtracting the required local 359
contribution, which total amount may not exceed twenty-seven 360
percent (27%) of the total projected funding formula cost, from 361
the total projected funding formula cost, as determined under 362
Sections 37-151-200 through 37-151-215, for the school district or 363
charter school. 364
(4) If the school board of any school district or charter 365
school governing board determines that it is not economically 366
feasible or practicable to operate any school within the district 367
or charter school for the full one hundred eighty (180) days 368
required for the school term of a scholastic year under Section 369
37-13-63, due to an enemy attack, man-made, technological, or 370
natural disaster in which the Governor has declared a disaster 371
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ST: Schools; enhance MDE and district
efficiency, modify charter school board terms,
and revise local contribution calculation.
emergency under the laws of this state or the President of the 372
United States has declared an emergency or major disaster to exist 373
in this state, the school board or charter school governing board 374
may notify the State Department of Education of the disaster and 375
submit a plan for altering the school term. If the State Board of 376
Education finds the disaster to be the cause of the school not 377
operating for the contemplated school term and that the school is 378
located in a school district covered by the Governor's or 379
President's disaster declaration, the board may permit the schools 380
located in that district to be operated for less than one hundred 381
eighty (180) days and, in such case, the State Department of 382
Education may not reduce the state share in support of the funding 383
formula for that district or charter school because of the failure 384
to operate those schools for one hundred eighty (180) days. 385
SECTION 9. This act shall take effect and be in force from 386
and after July 1, 2026. 387