Charter schools and districts of innovation; amend certain provisions concerning.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Fillingane

SENATE BILL NO. 2300

AN ACT TO AMEND SECTION 37-28-5, MISSISSIPPI CODE OF 1972, TO 1
REVISE CERTAIN DEFINITIONS AND DEFINE "CHARTER MANAGEMENT 2
ORGANIZATION" AND "SPECIAL PURPOSE CHARTER SCHOOL"; TO AMEND 3
SECTION 37-28-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE MAXIMUM 4
OF FIFTEEN QUALIFIED CHARTER SCHOOLS PER FISCAL YEAR; TO PROVIDE 5
FOR SPECIAL PURPOSE CHARTER SCHOOLS; TO CREATE NEW SECTION 6
37-28-7.1, MISSISSIPPI CODE OF 1972, TO PRESCRIBE WHO MAY 7
AUTHORIZE SPECIAL PURPOSE CHARTER SCHOOLS; TO AMEND SECTION 8
37-28-9, MISSISSIPPI CODE OF 1972, TO DESCRIBE THE POWERS AND 9
DUTIES OF AUTHORIZERS OF SPECIAL PURPOSE CHARTER SCHOOLS; TO AMEND 10
SECTION 37-28-11, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR FUNDING 11
OF SPECIAL PURPOSE CHARTER SCHOOLS; TO AMEND SECTION 37-28-13, 12
MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 37-28-15, 13
MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE FOR EXPANSION OF 14
CHARTER SCHOOLS; TO BRING FORWARD SECTION 37-28-17, MISSISSIPPI 15
CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 16
37-28-19, MISSISSIPPI CODE OF 1972, TO ALLOW APPLICANTS FOR 17
CHARTERS TO ACCOUNT FOR UNUSUAL CIRCUMSTANCES, SUCH AS A GLOBAL 18
PANDEMIC OR OTHER DISASTER; TO AMEND SECTION 37-28-21, MISSISSIPPI 19
CODE OF 1972, TO PROVIDE FOR CHARTER SCHOOL CONTRACTS, INCLUDING 20
THOSE CONTRACTS THAT INCLUDE MORE THAN ONE CHARTER SCHOOL; TO 21
AMEND SECTION 37-28-23, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR 22
ENROLLMENT IN CHARTER SCHOOLS AND SPECIAL PURPOSE CHARTER SCHOOLS; 23
TO ALLOW CERTAIN ENROLLMENT PREFERENCES; TO AMEND SECTIONS 24
37-28-25, 37-28-27 AND 37-28-29, MISSISSIPPI CODE OF 1972, TO 25
CONFORM; TO AMEND SECTION 37-28-31, MISSISSIPPI CODE OF 1972, TO 26
ALLOW AUTHORIZERS TO ISSUE NOTICES OF CONCERN OR BREACH OF 27
CONTRACT TO INDIVIDUAL CHARTER SCHOOLS OR SPECIAL PURPOSE CHARTER 28
SCHOOLS WITHOUT IMPLICATING OR ADVERSELY AFFECTING ALL SCHOOLS 29
LISTED IN THAT CONTRACT; TO AMEND SECTION 37-28-33, MISSISSIPPI 30
CODE OF 1972, TO PROVIDE FOR RENEWAL OR NONRENEWAL OF CHARTERS 31
ACCORDING TO LETTER RATINGS UNDER THE SCHOOL ACCREDITATION RATING 32
SYSTEM; TO AMEND SECTION 37-28-35, MISSISSIPPI CODE OF 1972, TO 33
PROVIDE FOR CLOSURE OF CHARTER SCHOOLS AND SPECIAL PURPOSE CHARTER 34
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SCHOOLS; TO BRING FORWARD SECTION 37-28-37, MISSISSIPPI CODE OF 35
1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 36
37-28-39, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE FOR 37
PAYMENT OF SERVICES TO STUDENTS WITH DISABILITIES ATTENDING 38
CHARTER SCHOOLS; TO AMEND SECTION 37-28-41, MISSISSIPPI CODE OF 39
1972, TO AUTHORIZE CERTAIN CONTRACT POWERS; TO BRING FORWARD 40
SECTION 37-28-43, 37-28-45, 37-28-47, 37-28-49, 37-28-51, 41
37-28-53, AND 37-28-55, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 42
POSSIBLE AMENDMENT; TO AMEND SECTION 37-28-57, MISSISSIPPI CODE OF 43
1972, TO PROVIDE FOR ACCOUNTING AND FINANCIAL AUDIT REPORTS; TO 44
BRING FORWARD SECTIONS 37-28-59 AND 37-28-61, MISSISSIPPI CODE OF 45
1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 46
37-179-1, MISSISSIPPI CODE OF 1972, TO DEFINE "SPECIAL PURPOSE 47
SCHOOL" AND PROVIDE FOR THEIR ADMINISTRATION; TO AMEND SECTION 48
37-179-3, MISSISSIPPI CODE OF 1972, TO CREATE ADDITIONAL GOALS AND 49
PERFORMANCE TARGETS FOR PROPOSALS FOR DISTRICTS OF INNOVATION OR 50
SPECIAL PURPOSE SCHOOLS; AND FOR RELATED PURPOSES. 51
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 52
SECTION 1. Section 37-28-5, Mississippi Code of 1972, is 53
amended as follows: 54
37-28-5. As used in this chapter, the following words and 55
phrases have the meanings ascribed in this section unless the 56
context clearly indicates otherwise: 57
(a) "Applicant" means any person * * *, group or 58
nonprofit entity that develops and submits an application for a 59
charter school to the authorizer. 60
(b) "Application" means a proposal from an applicant to 61
the authorizer to enter into a charter contract whereby the 62
proposed school obtains charter school status. 63
(c) "Authorizer" means the Mississippi Charter School 64
Authorizer Board established under Section 37-28-7 * * *, unless 65
otherwise specified in this chapter. 66
(d) "Charter contract" means a fixed-term, renewable 67
contract between the governing board of a Mississippi nonprofit 68
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entity with an approved application for a charter school and the 69
authorizer which establishes the charter school and outlines the 70
roles, powers, responsibilities and performance expectations for 71
each party to the contract. 72
(e) "Charter management organization" means a nonprofit 73
entity which operates, or which has applied to operate, more than 74
one (1) charter school in Mississippi and which holds one or more 75
charter contract(s) that include(s) one or more of its authorized 76
schools. 77
( * * *f) "Charter school" means a public school that 78
is established and operating under the terms of charter 79
contract * * *. The term "charter school" includes a conversion 80
charter school and start-up charter school. 81
( * * *g) "Conversion charter school" means a charter 82
school that existed as a noncharter public school before becoming 83
a charter school. 84
( * * *h) "Education service provider" means a * * * 85
partner entity with which * * * the governing board intends to 86
contract for * * * full or substantial educational services. An 87
education service provider does not itself hold a charter contract 88
as defined in this section. A charter management organization 89
operating its own schools shall not be considered an education 90
service provider. 91
( * * *i) "Governing board" means the independent board 92
of a charter school which is party to the charter contract with 93
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the authorizer and whose members have been elected or selected 94
pursuant to the school's application. 95
( * * *j) "Noncharter public school" means a public 96
school that is under the direct management, governance and control 97
of a school board or the state. 98
( * * *k) "Parent" means a parent, guardian or other 99
person or entity having legal custody of a child. 100
( * * *l) "School board" or "local school board" means 101
a school board exercising management and control over a local 102
school district and the schools of that district pursuant to the 103
State Constitution and state statutes. 104
( * * *m) "School district" or "district" means a 105
governmental entity that establishes and supervises one or more 106
public schools within its geographical limits pursuant to state 107
statutes. 108
(n) "Special purpose charter school" means a public 109
charter school established to operate in a manner that differs 110
from a traditional public school by providing a specialized or 111
innovative educational service designed to meet distinct student 112
needs or community priorities. Such schools may include, but are 113
not limited to, schools with a focus on: 114
(i) Career and technical education; 115
(ii) Science, technology, engineering and 116
mathematics (STEM); 117
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(iii) Special education services or targeted 118
supports for students with disabilities or learning differences, 119
including students with autism or dyslexia; or 120
(iv) Other specialized instructional models that 121
promote individualized learning or workforce readiness. 122
A special purpose charter school shall be subject to all 123
requirements established by its authorizer. 124
( * * *o) "Start-up charter school" means a charter 125
school that did not exist as a noncharter public school before 126
becoming a charter school. 127
( * * *p) "Student" means any child who is eligible for 128
attendance in a public school in the state. 129
( * * *q) "Underserved students" means students 130
qualifying as low-income or qualifying for a special education 131
program under Section 37-151-201. 132
SECTION 2. Section 37-28-7, Mississippi Code of 1972, is 133
amended as follows: 134
37-28-7. (1) (a) There is created the Mississippi Charter 135
School Authorizer Board * * *. 136
( * * *b) The mission of the Mississippi Charter School 137
Authorizer Board is to authorize high-quality charter schools, 138
particularly schools designed to expand opportunities for 139
underserved students, consistent with the purposes of this 140
chapter. Subject to the restrictions and conditions prescribed in 141
this subsection, the Mississippi Charter School Authorizer Board 142
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may authorize charter schools within the geographical boundaries 143
of any school district. 144
* * * 145
(c) In any school district designated as an "A," "B" or 146
"C" school district by the State Board of Education under the 147
accreditation rating system at the time of application, the 148
Mississippi Charter School Authorizer Board may authorize charter 149
schools only if a majority of the members of the local school 150
board votes at a public meeting to endorse the application or to 151
initiate the application on its own initiative. 152
(d) Notwithstanding the provisions of paragraph (c) of 153
this subsection, the Mississippi Charter School Authorizer Board 154
may approve a charter application for a special purpose charter 155
school, as defined in this chapter, in any district. 156
(e) A charter school approved in accordance with this 157
subsection may operate thereafter in the same manner as any other 158
charter school regardless of the performance classification of the 159
school district in which the charter school is located. 160
( * * *2) The Mississippi Charter School Authorizer Board 161
shall consist of seven (7) members, to be appointed as follows: 162
(a) Three (3) members appointed by the Governor, with 163
one (1) member being from each of the Mississippi Supreme Court 164
Districts. 165
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(b) Three (3) members appointed by the Lieutenant 166
Governor, with one (1) member being from each of the Mississippi 167
Supreme Court Districts. 168
(c) One (1) member appointed by the State 169
Superintendent of Public Education. 170
All appointments must be made with the advice and consent of 171
the Senate. In making the appointments, the appointing authority 172
shall ensure diversity among members of the Mississippi Charter 173
School Authorizer Board. 174
( * * *3) Members appointed to the Mississippi Charter 175
School Authorizer Board collectively must possess strong 176
experience and expertise in public and nonprofit governance, 177
management and finance, public school leadership, assessment, 178
curriculum and instruction, and public education law. Each member 179
of the Mississippi Charter School Authorizer Board must have 180
demonstrated an understanding of and commitment to charter 181
schooling as a strategy for strengthening public education. 182
( * * *4) To establish staggered terms of office, the 183
initial term of office for the three (3) Mississippi Charter 184
School Authorizer Board members appointed by the Governor shall be 185
four (4) years and thereafter shall be three (3) years; the 186
initial term of office for the three (3) members appointed by the 187
Lieutenant Governor shall be three (3) years and thereafter shall 188
be three (3) years; and the initial term of office for the member 189
appointed by the State Superintendent of Public Education shall be 190
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two (2) years and thereafter shall be three (3) years. No member 191
may serve more than two (2) consecutive terms. The initial 192
appointments must be made before September 1, 2013. 193
( * * *5) The Mississippi Charter School Authorizer Board 194
shall meet as soon as practical after September 1, 2013, upon the 195
call of the Governor, and shall organize for business by selecting 196
a chairman and adopting bylaws. Subsequent meetings shall be 197
called by the chairman. 198
( * * *6) An individual member of the Mississippi Charter 199
School Authorizer Board may be removed by the board if the 200
member's personal incapacity renders the member incapable or unfit 201
to discharge the duties of the office or if the member is absent 202
from a number of meetings of the board, as determined and 203
specified by the board in its bylaws. Whenever a vacancy on the 204
Mississippi Charter School Authorizer Board exists, the original 205
appointing authority shall appoint a member for the remaining 206
portion of the term. 207
( * * *7) No member of the Mississippi Charter School 208
Authorizer Board or employee, agent or representative of the board 209
may serve simultaneously as an employee, trustee, agent, 210
representative, vendor or contractor of a charter school 211
authorized by the board. 212
( * * *8) The Mississippi Charter School Authorizer Board 213
shall appoint an individual to serve as the Executive Director of 214
the Mississippi Charter School Authorizer Board. The executive 215
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director shall possess the qualifications established by the board 216
which are based on national best practices, and shall possess an 217
understanding of state and federal education law. The executive 218
director, who shall serve at the will and pleasure of the board, 219
shall devote his full time to the proper administration of the 220
board and the duties assigned to him by the board and shall be 221
paid a salary established by the board, subject to the approval of 222
the State Personnel Board. Subject to the availability of 223
funding, the executive director may employ such administrative 224
staff as may be necessary to assist the director and board in 225
carrying out the duties and directives of the Mississippi Charter 226
School Authorizer Board. 227
( * * *9) The Mississippi Charter School Authorizer Board is 228
authorized to obtain suitable office space for administrative 229
purposes. In acquiring a facility or office space, the authorizer 230
board shall adhere to all policies and procedures required by the 231
Department of Finance and Administration and the Public 232
Procurement Review Board. 233
SECTION 3. The following shall be codified as Section 234
37-28-7.1, Mississippi Code of 1972: 235
37-28-7.1. Special purpose charter schools may be authorized 236
by: 237
(a) The Mississippi Charter School Authorizer Board 238
created under Section 37-28-7; 239
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(b) An office of a state institution of higher learning 240
or public community or junior college in this state which has been 241
created by the president of that institution or college, the board 242
of such an institution, or the Mississippi Community College 243
Board, specifically for the purpose of authorizing one or more 244
charter schools. The governing authority of such an office shall 245
be a board created by the initiator of the office or the board of 246
the affiliated entity, including the Mississippi Community College 247
Board, as designated at the time of the office's creation. Once 248
created, such office may only be closed by the governing authority 249
pursuant to its policy for closure or by the Legislature; 250
(c) Any local school board of a school district rated 251
"A," "B" or "C" under the state accountability system; 252
(d) The State Board of Education; or 253
(e) The Mississippi Office of Workforce Development. 254
SECTION 4. Section 37-28-9, Mississippi Code of 1972, is 255
amended as follows: 256
37-28-9. (1) The * * * Mississippi Charter School 257
Authorizer Board established under Section 37-28-7 of this chapter 258
is responsible for exercising * * * the following powers and 259
duties: 260
(a) Developing chartering policies and maintaining 261
practices consistent with nationally recognized principles and 262
standards for quality charter authorizing in all major areas of 263
authorizing responsibility, including: 264
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(i) Organizational capacity and infrastructure; 265
(ii) Solicitation and evaluation of charter 266
applications; 267
(iii) Performance contracting; 268
(iv) Ongoing charter school oversight and 269
evaluation; and 270
(v) Charter renewal decision-making; 271
(b) Approving quality charter applications that meet 272
identified educational needs and promote a diversity of 273
educational choices; 274
(c) Declining to approve weak or inadequate charter 275
applications; 276
(d) Negotiating and executing charter contracts with 277
approved charter schools; 278
(e) Monitoring, in accordance with charter contract 279
terms, the performance and legal compliance of charter schools; 280
(f) Determining whether each charter contract merits 281
renewal, nonrenewal or revocation; * * * 282
(g) Revocation of a charter contract when appropriate; 283
( * * *h) Applying for any federal funds that may be 284
available for the implementation of charter school programs * * *; 285
and 286
(i) Complying with the provisions of the Open Meetings 287
Act, established under Section 25-41-1 et seq., the Mississippi 288
Public Records Act of 1983, and any other provision of state law 289
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pertaining to the conduct of public bodies, including the 290
Mississippi Administrative Procedures Law. 291
(2) (a) A special purpose charter school authorizer shall 292
adopt policies and procedures, which shall be approved by its 293
governing body and made available to the public, to carry out its 294
duties as prescribed in this chapter. 295
(b) A special purpose charter school authorizer shall 296
create an application and selection process that ensures 297
high-quality educational opportunities for students, as well as 298
performance and accountability reporting for the schools that it 299
authorizes. 300
(c) A special purpose charter school authorizer is 301
empowered to make all decisions related to schools it has 302
authorized with respect to approvals and denials of applications, 303
curriculum, expansion of grades, probationary actions and closure 304
if deemed necessary by the authorizer. 305
( * * *3) * * * Each authorizer shall carry out all its 306
duties under this chapter in a manner consistent with nationally 307
recognized principles and standards and with the spirit and intent 308
of this act. 309
( * * *4) The * * * Mississippi Charter School Authorizer 310
Board may delegate its duties to the executive director * * *. 311
( * * *5) Regulation by the * * * Mississippi Charter School 312
Authorizer Board shall be limited to those powers and duties 313
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prescribed in this section and all others prescribed by law, 314
consistent with the spirit and intent of this chapter. 315
( * * *6) Except in the case of gross negligence or reckless 316
disregard of the safety and well-being of another person, * * * 317
each authorizer, members of * * * that authorizer board in their 318
official capacity, and employees of * * * that authorizer in their 319
official capacity are immune from civil liability with respect to 320
all activities related to a charter school approved by the 321
authorizer. 322
SECTION 5. Section 37-28-11, Mississippi Code of 1972, is 323
amended as follows: 324
37-28-11. * * * 325
( * * *1) * * * Any authorizer may receive appropriate 326
gifts, grants and donations of any kind from any public or private 327
entity to carry out the purposes of this chapter, subject to all 328
lawful terms and conditions under which the gifts, grants or 329
donations are given. 330
( * * *2) * * * Each authorizer may expend its resources, 331
seek grant funds and establish partnerships to support its charter 332
school authorizing activities. 333
(3) The Legislature may fund the Mississippi Charter School 334
Authorizer Board through specific appropriation thereof. The 335
Legislature may appropriate funds to any authorizer established 336
under Section 37-28-7.1 to carry out the duties prescribed in this 337
chapter. 338
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SECTION 6. Section 37-28-13, Mississippi Code of 1972, is 339
amended as follows: 340
37-28-13. (1) Upon request, the State Department of 341
Education shall assist the Mississippi Charter School Authorizer 342
Board and any special purpose charter school authorizer with 343
implementing the authorizer's decisions by providing such 344
technical assistance and information as may be necessary for the 345
implementation of this chapter. 346
(2) Before July 1 of each year, the authorizer shall publish 347
a pamphlet, which may be in electronic form, containing: 348
(a) All statutes in Title 37, Mississippi Code of 1972, 349
which are applicable to the charter schools; 350
(b) Any rules, regulations and policies adopted by the 351
State Superintendent of Public Education, the State Board of 352
Education or the State Department of Education with which charter 353
schools must comply by virtue of the applicability to charter 354
schools, as well as other public schools, of the state law to 355
which those relevant rules, regulations and policies pertain; and 356
(c) Any other state and federal laws and matters that 357
are relevant to the establishment and operation of charter schools 358
in the State of Mississippi. 359
The Mississippi Charter School Authorizer Board shall make 360
the pamphlet available to the public on the board's website and 361
shall notify all prospective applicants of the pamphlet. 362
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SECTION 7. Section 37-28-15, Mississippi Code of 1972, is 363
amended as follows: 364
37-28-15. (1) To solicit, encourage and guide the 365
development of quality charter school applications, the * * * 366
Mississippi Charter School Authorizer Board shall issue and 367
publicize a request for proposals before September 1 of each year; 368
however, during 2013, the authorizer shall issue and publicize a 369
request for proposals before December 1. The content and 370
dissemination of the request for proposals must be consistent with 371
the purposes and requirements of this chapter. 372
(2) The authorizer annually shall establish and disseminate 373
a statewide timeline for charter approval or denial decisions. 374
(3) The authorizer's request for proposals must include the 375
following: 376
(a) A clear statement of any preferences the authorizer 377
wishes to grant to applications intended to help underserved 378
students; 379
(b) A description of the performance framework that the 380
authorizer has developed for charter school oversight and 381
evaluation in accordance with Section 37-28-29; 382
(c) The criteria that will guide the authorizer's 383
decision to approve or deny a charter application; and 384
(d) A clear statement of appropriately detailed 385
questions, as well as guidelines, concerning the format and 386
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content essential for applicants to demonstrate the capacities 387
necessary to establish and operate a successful charter school. 388
(4) In addition to all other requirements, the request for 389
proposals must require charter applications to provide or describe 390
thoroughly all of the following mandatory elements of the proposed 391
school plan: 392
(a) An executive summary; 393
(b) The mission and vision of the proposed charter 394
school, including identification of the targeted student 395
population and the community the school hopes to serve; 396
(c) The location or geographic area proposed for the 397
school; 398
(d) The grades to be served each year for the full term 399
of the charter contract; 400
(e) Minimum, planned and maximum enrollment per grade 401
per year for the term of the charter contract; 402
(f) Evidence of need and community support for the 403
proposed charter school; 404
(g) Background information, including proof of United 405
States citizenship, on the applicants, the proposed founding 406
governing board members and, if identified, members of the 407
proposed school leadership and management team. The background 408
information must include annual student achievement data, 409
disaggregated by subgroup, for every school under the current or 410
prior management of each board member and leadership team member; 411
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(h) The school's proposed calendar, including the 412
proposed opening and closing dates for the school term, and a 413
sample daily schedule. The school must be kept in session no less 414
than the minimum number of school days established for all public 415
schools in Section 37-13-63; 416
(i) A description of the school's academic program, 417
aligned with state standards; 418
(j) A description of the school's instructional design, 419
including the type of learning environment (such as 420
classroom-based or independent study), class size and structure, 421
curriculum overview and teaching methods; 422
(k) The school's plan for using internal and external 423
assessments to measure and report student progress on the 424
performance framework developed by the authorizer in accordance 425
with Section 37-28-29; 426
(l) The school's plan for identifying and successfully 427
serving students with disabilities (including all of the school's 428
proposed policies pursuant to the Individuals with Disabilities 429
Education Improvement Act of 2004, 20 USCS Section 1400 et seq., 430
Section 504 of the Rehabilitation Act of 1973, 29 USCS Section 431
794, and Title 11 of the Americans with Disabilities Act, 42 USCS 432
Section 12101 et seq., and the school's procedures for securing 433
and providing evaluations and related services pursuant to federal 434
law), students who are English language learners, students who are 435
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academically behind, and gifted students, including, but not 436
limited to, compliance with any applicable laws and regulations; 437
(m) A description of cocurricular or extracurricular 438
programs and how those programs will be funded and delivered; 439
(n) Plans and timelines for student recruitment and 440
enrollment, including lottery policies and procedures that ensure 441
that every student has an equal opportunity to be considered in 442
the lottery and that the lottery is equitable, randomized, 443
transparent and impartial so that students are accepted in a 444
charter school without regard to disability, income level, race, 445
religion or national origin; 446
(o) The school's student discipline policies, including 447
those for special education students; 448
(p) An organizational chart that clearly presents the 449
school's organizational structure, including lines of authority 450
and reporting between the governing board, charter management 451
organization staff or education service provider, if applicable, 452
staff, related bodies (such as advisory bodies or parent and 453
teacher councils), and all other external organizations that will 454
play a role in managing the school; 455
(q) A clear description of the roles and 456
responsibilities of the governing board, charter management 457
organization staff or education service provider, if applicable, 458
school leadership team, management team and all other entities 459
shown in the organizational chart; 460
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(r) A staffing chart for the school's first year, and a 461
staffing plan for the term of the charter; 462
(s) Plans for recruiting and developing school 463
leadership and staff, which may not include utilization of 464
nonimmigrant foreign worker visa programs; 465
(t) The school's leadership and teacher employment 466
policies, including performance evaluation plans; 467
(u) Proposed governing bylaws; 468
(v) Explanations of any partnerships or contractual 469
relationships central to the school's operations or mission; 470
(w) The school's plans for providing transportation, 471
food service and all other significant operational or ancillary 472
services; 473
(x) Opportunities and expectations for parent 474
involvement; 475
(y) A detailed school start-up plan, identifying tasks, 476
timelines and responsible individuals; 477
(z) A description of the school's financial plans and 478
policies, including financial controls and audit requirements; 479
(aa) A description of the insurance coverage the school 480
will obtain; 481
(bb) Start-up and five-year budgets with clearly stated 482
assumptions; 483
(cc) Start-up and first-year cash flow projections with 484
clearly stated assumptions; 485
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(dd) A disclosure of all sources of private funding and 486
all funds from foreign sources, including gifts from foreign 487
governments, foreign legal entities and domestic entities 488
affiliated with either foreign governments or foreign legal 489
entities. For the purposes of this paragraph, the term "foreign" 490
means a country or jurisdiction outside of any state or territory 491
of the United States; 492
(ee) Evidence of anticipated fundraising contributions, 493
if claimed in the application; and 494
(ff) A sound facilities plan, including backup or 495
contingency plans if appropriate. 496
(5) In the case of an application to establish a charter 497
school by converting an existing noncharter public school to 498
charter school status, the request for proposals additionally 499
shall require the applicant to demonstrate support for the 500
proposed charter school conversion by a petition signed by a 501
majority of teachers or a majority of parents of students in the 502
existing noncharter public school, or by a majority vote of the 503
local school board or, in the case of schools in districts under 504
state conservatorship, by the State Board of Education. 505
(6) In the case of a proposed charter school that intends to 506
contract with an education service provider for substantial 507
educational services, management services or both types of 508
services, the request for proposals additionally shall require the 509
applicant to: 510
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(a) Provide evidence of the education service 511
provider's success in serving student populations similar to the 512
targeted population, including demonstrated academic achievement 513
as well as successful management of nonacademic school functions, 514
if applicable; 515
(b) Provide a term sheet setting forth: the proposed 516
duration of the service contract; roles and responsibilities of 517
the governing board, the school staff and the education service 518
provider; the scope of services and resources to be provided by 519
the education service provider; performance evaluation measures 520
and timelines; the compensation structure, including clear 521
identification of all fees to be paid to the education service 522
provider; methods of contract oversight and enforcement; 523
investment disclosure; and conditions for renewal and termination 524
of the contract; 525
(c) Disclose and explain any existing or potential 526
conflicts of interest between the school governing board and 527
proposed service provider or any affiliated business entities; and 528
(d) Background information, including proof of United 529
States citizenship, on the principal individuals affiliated with 530
the education service provider. 531
(7) In the case of a charter school proposal from an 532
applicant that currently operates one or more schools in any state 533
or nation, the request for proposals additionally shall require 534
the applicant to provide evidence of past performance and current 535
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capacity for growth. The applicant shall be required to submit 536
clear evidence that it has produced * * * sustained improvement in 537
student achievement or * * * proficiency levels as measured on 538
state achievement tests. 539
(8) In the case of a governing board of an operating charter 540
school or special purpose charter school, including a school 541
within a charter management organization, seeking to expand the 542
purview of the school to include new age groups beyond those 543
originally authorized, the authorizer may consider a plan for 544
expansion as a material contract amendment that shall not require 545
a new application. 546
SECTION 8. Section 37-28-17, Mississippi Code of 1972, is 547
brought forward as follows: 548
37-28-17. (1) The following are the purposes of a charter 549
application: 550
(a) To present the proposed charter school's academic 551
and operational vision and plans; 552
(b) To demonstrate the applicant's capacities to 553
execute the proposed vision and plans; and 554
(c) To provide the authorizer a clear basis for 555
assessing the applicant's plans and capacities. 556
(2) An approved charter application may not serve as the 557
school's charter contract. 558
SECTION 9. Section 37-28-19, Mississippi Code of 1972, is 559
amended as follows: 560
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37-28-19. (1) In reviewing and evaluating charter 561
applications, the authorizer shall employ procedures, practices 562
and criteria consistent with nationally recognized principles and 563
standards for quality charter authorizing. The application review 564
process must include thorough evaluation of each written charter 565
application and in-person interview with the applicant group. 566
(2) In deciding whether to approve charter applications, the 567
authorizer must: 568
(a) Grant charters only to applicants that have 569
provided evidence of competence in each element of the 570
authorizer's published approval criteria, and in the case of an 571
applicant that currently operates one or more schools in any state 572
or nation, clear evidence that the management or leadership team 573
of the charter school or schools currently operated by the 574
applicant has produced * * * sustained improvement in student 575
achievement or * * * proficiency levels as measured on state 576
achievement test, although unusual circumstances, such as a global 577
pandemic or other disaster, may be taken into account; 578
(b) Base decisions on documented evidence collected 579
through the application review process; and 580
(c) Follow charter-granting policies and practices that 581
are transparent, based on merit and avoid conflicts of interest or 582
any appearance thereof. 583
(3) Before the expiration of one hundred eighty (180) days 584
after the filing of a charter application, the authorizer must 585
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approve or deny the charter application; however, an application 586
submitted by a public historically black college or university 587
(HBCU), in partnership with a national nonprofit public HBCU 588
support organization, for a charter school to be operated on or 589
near the campus of the HBCU must be considered for expedited 590
approval by the authorizer. The authorizer shall adopt by 591
resolution all charter approval or denial decisions in an open 592
meeting of the authorizer board. 593
(4) An approval decision may include, if appropriate, 594
reasonable conditions that the charter applicant must meet before 595
a charter contract may be executed pursuant to Section 37-28-21. 596
(5) For a charter denial, the authorizer shall state 597
clearly, for public record, its reasons for denial. A denied 598
applicant may reapply subsequently with the authorizer. 599
(6) Before the expiration of ten (10) days after taking 600
action to approve or deny a charter application, the authorizer 601
shall provide a report to the applicant. The report must include 602
a copy of the authorizer's resolution setting forth the action 603
taken and reasons for the decision and assurances as to compliance 604
with all of the procedural requirements and application elements 605
set forth in this chapter. 606
SECTION 10. Section 37-28-21, Mississippi Code of 1972, is 607
amended as follows: 608
37-28-21. (1) * * * An authorizer shall grant * * * initial 609
charter * * * contracts for a term of five (5) operating years. 610
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The term of the charter contract shall commence on the charter 611
school's first day of operation. An approved charter school may 612
delay its opening for one (1) school year in order to plan and 613
prepare for the school's opening. If the school requires an 614
opening delay of more than one (1) school year, the school must 615
request an extension from * * * its authorizer. The authorizer 616
may grant or deny the extension depending on the particular 617
school's circumstances. 618
(2) (a) * * * An authorizer and the governing board 619
of * * * a nonprofit entity with one or more approved charter 620
schools or special purpose charter schools shall execute a charter 621
contract that clearly sets forth the academic and operational 622
performance expectations and measures by which the charter school 623
will be judged and the administrative relationship between the 624
authorizer, the governing board and each charter school, including 625
each party's rights and duties. In the case of a charter contract 626
that includes more than one (1) school, the contract shall contain 627
a separate addendum for each school listing the school's approved 628
term of operation. The performance expectations and measures set 629
forth in the charter contract must include, but need not be 630
limited to, applicable federal and state accountability 631
requirements. The performance provisions may be refined or 632
amended by mutual agreement after the charter school is operating 633
and has collected baseline achievement data for its enrolled 634
students. 635
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(b) The charter contract must be signed by the chairman 636
of * * * its authorizer board and the * * * chairperson of the 637
charter school's governing board. 638
(c) A charter school or special purpose charter school 639
may not commence operations without a charter contract executed in 640
accordance with this section and approved in an open meeting 641
of * * * its authorizer board. 642
(3) * * * An authorizer may establish reasonable preopening 643
requirements or conditions to monitor the start-up progress 644
of * * * each of its newly approved charter schools and to ensure 645
that * * * each school is prepared to open smoothly on the date 646
agreed and that the school meets all building, health, safety, 647
insurance and other legal requirements before the school's 648
opening. 649
(4) A nonprofit entity or charter management organization 650
may complete one (1) annual consolidated audit in which each of 651
its approved charter schools is reported as a separate program 652
under the nonprofit entity or charter management organization. 653
Any such audit shall include all financial information necessary 654
for the authorizer to analyze metrics for the performance 655
framework. 656
SECTION 11. Section 37-28-23, Mississippi Code of 1972, is 657
amended as follows: 658
37-28-23. (1) A charter school or special purpose charter 659
school must be open to: 660
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(a) Any student residing in the geographical boundaries 661
of the school district in which the charter school is located; and 662
(b) Any student who resides in the geographical 663
boundaries of a school district that was rated "C," "D" or "F" at 664
the time the charter school was approved by the authorizer board, 665
or who resides in the geographical boundaries of a school district 666
rated "C," or "D" or "F" at the time the student enrolls. 667
(2) Notwithstanding the provisions of paragraph (b) of 668
subsection (1), a student in any district shall be eligible to 669
enroll in a special purpose charter school. 670
( * * *3) A school district may not require any student 671
enrolled in the school district to attend a charter school or 672
special purpose charter school. 673
( * * *4) Except as otherwise provided under subsection 674
(8)(d) of this section, a charter school may not limit admission 675
based on ethnicity, national origin, religion, gender, income 676
level, disabling condition, proficiency in the English language, 677
or academic or athletic ability. A finding by a school's 678
authorizer that a charter school or special purpose charter school 679
is operating in a discriminatory manner justifies the revocation 680
of a charter. 681
(4) Notwithstanding any provision of this section, a charter 682
school or special purpose charter school may: 683
(a) Limit admission to students within a given age 684
group or grade level, including pre-kindergarten students * * *; 685
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(b) Be organized around a special emphasis, theme or 686
concept as stated in the school's application * * *; or 687
(c) Provide a specialized or innovative educational 688
service designed to meet distinct student needs or community 689
priorities, including special education services or targeted 690
supports for students with disabilities or learning differences, 691
including students with autism or dyslexia. 692
* * * 693
( * * *5) A charter school or special purpose charter school 694
must enroll all students who wish to attend the school unless the 695
number of students exceeds the capacity of a program, class, grade 696
level or building. 697
( * * *6) If capacity is insufficient to enroll all students 698
who wish to attend the school based on initial application, the 699
charter school or special purpose charter school must select 700
students through a lottery. 701
( * * *7) (a) Any noncharter public school or part of a 702
noncharter public school converting to a charter school or special 703
purpose charter school shall adopt and maintain a policy giving an 704
enrollment preference to students who reside within the former 705
attendance area of that public school. If the charter school or 706
special purpose charter school has excess capacity after enrolling 707
students residing within the former attendance area of the school, 708
students outside of the former attendance area of the school, but 709
within the geographical boundaries of the school district in which 710
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the charter school or special purpose charter school is located, 711
are eligible for enrollment. If the number of students applying 712
for admission exceeds the capacity of a program, class, grade 713
level or building of the charter school or special purpose charter 714
school, the * * * school must admit students on the basis of a 715
lottery. 716
(b) A charter school or special purpose charter school 717
must give an enrollment preference to students enrolled in the 718
charter school during the preceding school year and to siblings of 719
students already enrolled in the charter school. An enrollment 720
preference for returning students excludes those students from 721
entering into a lottery. 722
(c) A charter school or special purpose charter school 723
may give an enrollment preference to children of the charter 724
school's applicant, governing board members and full-time 725
employees, so long as those children constitute no more than ten 726
percent (10%) of the charter school's total student population. 727
(d) A charter school or special purpose charter school 728
shall give an enrollment preference to underserved children as 729
defined in Section 37-28-5 * * *. 730
(e) A charter school or special purpose charter school 731
may give an enrollment preference to children transferring from a 732
charter school under the same contract or whose contract is held 733
by the same governing board, such as schools under the operation 734
of the same charter management organization. This enrollment 735
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preference includes children who have completed the final grade of 736
their current school and are transferring to a higher grade in a 737
different school. An enrollment preference for such students 738
excludes those students from entering into a lottery. 739
( * * *f) * * * Nothing in this section shall preclude 740
the formation of a special purpose charter school or any charter 741
school whose mission is focused on serving students with 742
disabilities, students of the same gender, students who pose such 743
severe disciplinary problems that they warrant a specific 744
educational program, or students who are at risk of academic 745
failure. If capacity is insufficient to enroll all students who 746
wish to attend the school, the charter school must select students 747
through a lottery. 748
SECTION 12. Section 37-28-25, Mississippi Code of 1972, is 749
amended as follows: 750
37-28-25. If a student previously enrolled in a charter 751
school or special purpose charter school enrolls in another public 752
school in this state, the student's new school must accept credits 753
earned by the student in courses or instructional programs at the 754
charter school in a uniform and consistent manner and according to 755
the same criteria that are used to accept academic credits from 756
other public schools. 757
SECTION 13. Section 37-28-27, Mississippi Code of 1972, is 758
amended as follows: 759
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37-28-27. A school district must provide or publicize to 760
parents and the general public information about charter schools 761
or special purpose charter school as an enrollment option within 762
the district to the same extent and through the same means that 763
the district provides and publicizes information about noncharter 764
public schools in the district. 765
SECTION 14. Section 37-28-29, Mississippi Code of 1972, is 766
amended as follows: 767
37-28-29. (1) The performance provisions within a charter 768
contract for each charter school or special purpose charter school 769
must be based on a performance framework that clearly sets forth 770
the academic and operational performance indicators, measures and 771
metrics that will guide * * * each authorizer's evaluations of the 772
charter school. The performance framework must include 773
indicators, measures and metrics, at a minimum, for the following: 774
(a) Student academic proficiency; 775
(b) Student academic growth; 776
(c) Achievement gaps in * * * proficiency * * * between 777
major student subgroups, as applicable; 778
(d) Attendance; 779
(e) Recurrent enrollment from year to year; 780
(f) In-school and out-of-school suspension rates and 781
expulsion rates; 782
(g) For each charter high * * * school, postsecondary 783
readiness, including the percentage of graduates submitting 784
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applications to postsecondary institutions, graduation and high 785
school completion rates, postsecondary admission and postsecondary 786
enrollment or employment; 787
(h) Financial performance and sustainability; and 788
(i) Board performance and stewardship, including 789
compliance with all applicable laws, regulations and terms of the 790
charter contract. 791
(2) The charter contract of each charter school or special 792
purpose charter school serving Grades 9-12 must include a 793
provision ensuring that graduation requirements meet or exceed 794
those set by the Mississippi Department of Education for a regular 795
high school diploma. Nothing in this section shall preclude 796
competency-based satisfaction of graduation requirements. 797
(3) Annual performance targets must be set by the governing 798
board of each charter school or special purpose charter school in 799
conjunction with * * * its authorizer and must be designed to help 800
each school meet applicable federal, state and authorizer 801
expectations. 802
(4) The performance framework must allow the inclusion of 803
additional rigorous, valid and reliable indicators proposed by the 804
governing board of a charter school or special purpose charter 805
school to augment external evaluations of * * * school and 806
organizational performance; however, * * * each authorizer must 807
approve the quality and rigor of any indicators proposed by the 808
governing board of a charter school or special purpose charter 809
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school it has authorized, which indicators must be consistent with 810
the purposes of this chapter. 811
(5) The performance framework must require the 812
disaggregation of all student performance data by major student 813
subgroups (gender, race, poverty status, special education status, 814
English learner status and gifted status). 815
(6) * * * Each authorizer shall collect, analyze and report 816
all data from state assessments and any other necessary sources in 817
accordance with the performance framework for each charter school. 818
Multiple schools overseen by a single governing board must report 819
their performance as separate, individual schools, and each school 820
must be held independently accountable for its performance. 821
(7) Information needed by * * * each authorizer from the 822
charter school governing board for the authorizer's reports must 823
be required and included as a material part of the charter 824
contract. 825
SECTION 15. Section 37-28-31, Mississippi Code of 1972, is 826
amended as follows: 827
37-28-31. (1) * * * Each authorizer shall monitor annually 828
the performance and legal compliance of each charter school or 829
special purpose charter school it oversees, including collecting 830
and analyzing data to support the school's evaluation according to 831
the charter contract. * * * Such authorizer may conduct or 832
require oversight activities that enable the authorizer to fulfill 833
its responsibilities under this chapter, including conducting 834
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appropriate inquiries and investigations, so long as those 835
activities are consistent with the intent of this act, adhere to 836
the terms of the charter contract and do not unduly inhibit the 837
autonomy granted to charter schools. 838
(2) As part of its annual report to the Legislature, * * * 839
each authorizer shall publish and provide a performance report for 840
each charter school it oversees in accordance with the performance 841
framework set forth in the charter contract. The report must be 842
made available to the public at the same time as it is submitted 843
to the Legislature. * * * Such authorizer may require each 844
charter school it oversees to submit an annual report to assist 845
the authorizer in gathering complete information about each 846
school, consistent with the performance framework. 847
(3) If a charter school's or special purpose charter 848
school's performance or legal compliance is unsatisfactory, * * * 849
its authorizer shall notify promptly the charter school of the 850
problem and provide reasonable opportunity for the school to 851
remedy the problem unless the problem warrants revocation, in 852
which case the revocation timeframes will apply. 853
(4) * * * Each authorizer may take appropriate corrective 854
actions or exercise sanctions in response to apparent deficiencies 855
in a charter school's performance or legal compliance. If 856
warranted, the actions or sanctions may include requiring a 857
charter school to develop and execute a corrective action plan 858
within a specified timeframe. 859
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(5) The authorizer may issue notices of concern or breach of 860
contract to an individual charter school or special purpose 861
charter school listed within a charter contract that consists of 862
multiple schools without implicating or adversely affecting the 863
remaining schools listed in the contract. 864
SECTION 16. Section 37-28-33, Mississippi Code of 1972, is 865
amended as follows: 866
37-28-33. (1) A charter may be renewed for successive 867
five-year terms of duration. The authorizer may grant renewal 868
with specific conditions for necessary improvements to a charter 869
school or special purpose charter school and may lessen the 870
renewal term based on the performance, demonstrated capacities and 871
particular circumstances of each charter school. 872
(2) Before September 30, * * * each authorizer shall issue a 873
charter school performance report and charter renewal application 874
guidance to any charter school or special purpose charter school 875
whose charter will expire the following year. The performance 876
report must summarize the charter school's performance record to 877
date, based on the data required by this chapter and the charter 878
contract, and must provide notice of any weaknesses or concerns 879
perceived by the authorizer which may jeopardize the charter 880
school's position in seeking renewal if not timely rectified. The 881
charter school or special purpose charter school must respond and 882
submit any corrections or clarifications for the performance 883
report within ninety (90) days after receiving the report. 884
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(3) The charter renewal application guidance must provide, 885
at a minimum, an opportunity for the charter school to: 886
(a) Present additional evidence, beyond the data 887
contained in the performance report, supporting its case for 888
charter renewal; 889
(b) Describe improvements undertaken or planned for the 890
school; and 891
(c) Detail the school's plans for the next charter 892
term. 893
(4) The charter renewal application guidance must include or 894
refer explicitly to the criteria that will guide the authorizer's 895
renewal decision, which must be based on the performance framework 896
set forth in the charter contract and consistent with this 897
chapter. 898
(5) Before February 1, the governing board of a charter 899
school seeking renewal shall submit a renewal application to * * * 900
its authorizer pursuant to the charter renewal application 901
guidance issued by * * * that authorizer. The authorizer shall 902
adopt a resolution ruling on the renewal application no later than 903
ninety (90) days after the filing of the renewal application. 904
(6) In making each charter renewal decision, * * * each 905
authorizer must: 906
(a) Ground its decision in evidence of the school's 907
performance over the term of the charter contract in accordance 908
with the performance framework set forth in the charter contract; 909
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(b) Ensure that data used in making the renewal 910
decision is available to the school and the public; and 911
(c) Provide a public report summarizing the evidence 912
that is the basis for the renewal decision. 913
(7) A charter contract must be revoked at any time or not 914
renewed if the authorizer determines that the charter school has 915
done any of the following or otherwise failed to comply with the 916
provisions of this chapter: 917
(a) Committed a material and substantial violation of 918
any of the terms, conditions, standards or procedures required 919
under this chapter or the charter contract; 920
(b) Failed to meet or make sufficient progress toward 921
the performance expectations set forth in the charter contract; 922
(c) Failed to meet generally accepted standards of 923
fiscal management; or 924
(d) Substantially violated any material provision of 925
law which is applicable to the charter school. 926
(8) The authorizer shall develop revocation and nonrenewal 927
processes that: 928
(a) Provide the governing board of a charter school 929
with a timely notification of the prospect of revocation or 930
nonrenewal and of the reasons for such possible closure; 931
(b) Allow the governing board a reasonable amount of 932
time in which to prepare a response; 933
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(c) Provide the governing board with an opportunity to 934
submit documents and give testimony challenging the rationale for 935
closure and in support of the continuation of the school at an 936
orderly proceeding held for that purpose; 937
(d) Allow the governing board access to representation 938
by counsel and to call witnesses on the school's behalf; 939
(e) Permit the recording of such proceedings; and 940
(f) After a reasonable period for deliberation, require 941
a final determination to be made and conveyed in writing to the 942
governing board. 943
(9) Notwithstanding any provision to the contrary, * * * an 944
authorizer may not renew the charter of any charter school * * * 945
or special purpose charter school that has been given a rating of 946
"F" under the school accreditation rating system for three (3) 947
consecutive years or has been given a rating of "D" or "F" under 948
the school accreditation rating system for five (5) consecutive 949
years, unless: 950
(a) The rating of the charter school matched or 951
exceeded the rating of the district in which the charter school is 952
located during the same period; 953
(b) The rating of the charter school matched or 954
exceeded more than half of the comparable schools in the district 955
in which the charter school is located; or 956
(c) The charter school is rated an "A," "B," or "C" 957
school under the school accreditation rating system during the 958
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school's final operating year under the term of the charter 959
contract. 960
(10) If * * * an authorizer revokes or does not renew a 961
charter, the authorizer must state clearly, in a resolution of 962
adopted by * * * that authorizer board, the reasons for the 963
revocation or nonrenewal. 964
(11) Within ten (10) days after taking action to renew, not 965
renew or revoke a charter, the authorizer shall provide a report 966
to the charter school or special purpose charter school. The 967
report must include a copy of the authorizer board's resolution 968
setting forth the action taken, reasons for the board's decision 969
and assurances as to compliance with all of the requirements set 970
forth in this chapter. 971
SECTION 17. Section 37-28-35, Mississippi Code of 1972, is 972
amended as follows: 973
37-28-35. (1) Before implementing a charter school closure 974
decision, * * * each authorizer must develop a charter school 975
closure protocol to ensure timely notification to parents, orderly 976
transition of students and student records to new schools, and 977
proper disposition of school funds, property and assets in 978
accordance with the requirements of this chapter. The protocol 979
must specify tasks, timelines and responsible parties, including 980
delineating the respective duties of the school, its governing 981
board and nonprofit entity, and the authorizer. If a charter 982
school or special purpose charter school is to be closed for any 983
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reason, * * * its authorizer shall oversee and work with the 984
closing school and its governing board and nonprofit entity to 985
ensure a smooth and orderly closure and transition for students 986
and parents, as guided by the closure protocol. No charter school 987
or special purpose charter school shall be closed by its 988
authorizer before the end of the school year in which the decision 989
for closure is made, unless the authorizer determines that the 990
health and safety of the students in such school warrant its 991
immediate closure. 992
(2) If a charter school or special purpose charter 993
school closes, all unspent government funds, unspent earnings from 994
those funds and assets purchased with government funds must revert 995
to the local school district in which the charter school is 996
located. Unless otherwise provided for in the charter * * * 997
contract, a debt instrument or grant agreement, unspent funds from 998
nongovernmental sources, unspent earnings from those funds, assets 999
purchased with those funds and debts of the school must revert to 1000
the nonprofit entity * * * whose governing board held the charter 1001
contract for the school and may be used, retained or disposed of 1002
according to applicable laws for nonprofit corporations. 1003
SECTION 18. Section 37-28-37, Mississippi Code of 1972, is 1004
brought forward as follows: 1005
37-28-37. (1) Before October 1 of each year, beginning in 1006
the year that the state has had at least one (1) charter school 1007
operating for a full school year, the Mississippi Charter School 1008
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Authorizer Board shall issue to the Governor, Legislature, State 1009
Board of Education and the public an annual report on the state's 1010
charter schools for the preceding school year. The report must 1011
include a comparison of the performance of charter school students 1012
with the performance of academically, ethnically and economically 1013
comparable groups of students in the school district in which a 1014
charter school is located. In addition, the report must include 1015
the authorizer's assessment of the successes, challenges and areas 1016
for improvement in meeting the purposes of this chapter. The 1017
report also must include an assessment on whether the number and 1018
size of operating charter schools are sufficient to meet demand, 1019
as calculated according to admissions data and the number of 1020
students denied enrollment based on lottery results. The report 1021
due from the authorizer under this section must be coordinated 1022
with reports due from charter school governing boards, as near as 1023
possible, to decrease or eliminate duplication. 1024
(2) The Joint Legislative Committee on Performance 1025
Evaluation and Expenditure Review (PEER) shall prepare an annual 1026
report assessing the sufficiency of funding for charter schools, 1027
the efficacy of the state formula for authorizer funding, and any 1028
suggested changes in state law or policy necessary to strengthen 1029
the state's charter schools. 1030
SECTION 19. Section 37-28-39, Mississippi Code of 1972, is 1031
amended as follows: 1032
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37-28-39. (1) Notwithstanding any provision of law to the 1033
contrary, to the extent that any provision of this chapter is 1034
inconsistent with any other state or local law, rule or 1035
regulation, the provisions of this act govern and are controlling. 1036
(2) * * * The entity whose governing board holds a charter 1037
contract, including a charter management organization, and any 1038
education service provider which provides comprehensive management 1039
for a charter school must be a nonprofit education organization. 1040
(3) A charter school or special purpose charter school is 1041
subject to all federal laws and authorities specified in this 1042
chapter or agreed upon with the authorizer in the charter 1043
contract, where such contracting is consistent with applicable 1044
laws, rules and regulations. 1045
(4) To the extent approved by the authorizer, a charter 1046
contract may consist of one or more schools. Each charter school 1047
or special purpose charter school that is part of a charter 1048
contract must be separate and distinct from any other charter 1049
school. 1050
(5) A single governing board may hold one or more charter 1051
contracts. 1052
(6) A charter school or special purpose charter school must 1053
function as a local educational agency, and as such, a charter 1054
school or special purpose charter school is responsible for 1055
meeting the requirements of local educational agencies under 1056
applicable federal laws, including those relating to special 1057
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education, receipt of funds and compliance with funding 1058
requirements. Status as a local educational agency, however, does 1059
not preclude the governing board of a charter school or special 1060
purpose charter school from developing, by mutual agreement or 1061
formal contract, links with the local school district for 1062
services, resources and programs. A charter school or special 1063
purpose charter school shall pay to a local school district any 1064
federal or state aid attributable to a student with a disability 1065
attending the charter school in proportion to the level of 1066
services the local school district provides directly or indirectly 1067
for that student. 1068
SECTION 20. Section 37-28-41, Mississippi Code of 1972, is 1069
amended as follows: 1070
37-28-41. * * * The governing board of the nonprofit entity 1071
holding a charter contract may exercise those powers necessary for 1072
carrying out the terms of its charter contract, including, but not 1073
limited to, the following powers: 1074
(a) To receive and disburse funds authorized by law for 1075
school purposes; 1076
(b) To secure appropriate insurance and to enter into 1077
contracts and leases; 1078
(c) To contract with an education service provider for 1079
the management and operation of the charter school so long as the 1080
school's governing board retains oversight authority over the 1081
school; 1082
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(d) To contract with a school district or private 1083
provider to provide transportation to the school's students; 1084
(e) To negotiate and enter into a contract for the 1085
provision of and payment for special education services with a 1086
local school district, including, but not limited to, a reasonable 1087
reserve not to exceed five percent (5%) of the local school 1088
district's total special education services budget. The reserve 1089
may be used by the local school district only to offset excess 1090
costs of providing services to students with disabilities enrolled 1091
in the charter school; 1092
(f) To contract with an accredited online course 1093
provider for the delivery of virtual courses to students enrolled 1094
in the charter school; 1095
( * * *g) To solicit and accept any gifts or grants for 1096
school purposes subject to applicable laws and the terms of its 1097
charter contract; 1098
( * * *h) To acquire real property for use as its 1099
facility or facilities, from public or private sources; and 1100
( * * *i) To sue and be sued in its own name. 1101
SECTION 21. Section 37-28-43, Mississippi Code of 1972, is 1102
brought forward as follows: 1103
37-28-43. (1) A charter school may not discriminate against 1104
any person on the basis of race, creed, color, sex, disability, 1105
national origin or any other category that would be unlawful if 1106
done by a noncharter public school. 1107
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(2) A charter school may not engage in any sectarian 1108
practices in its educational program, admissions or employment 1109
policies or operations. 1110
(3) A charter school may not discriminate against any 1111
student on the basis of national origin, minority status or 1112
limited proficiency in English. Consistent with federal civil 1113
rights laws, charter schools must provide limited English 1114
proficient students with appropriate services designed to teach 1115
them English and the general curriculum. 1116
(4) A charter school may not charge tuition. 1117
(5) The terms of each charter school must include a 1118
transportation plan for students attending the charter school. 1119
(6) Subject to the approval of the authorizer, a charter 1120
school may contract with an accredited online course provider for 1121
the delivery of virtual courses to students enrolled in the 1122
charter school. 1123
(7) Except to the extent authorized under paragraph (c) of 1124
Section 37-28-41, the powers, obligations and responsibilities set 1125
forth in the charter contract may not be delegated or assigned by 1126
either party. 1127
SECTION 22. Section 37-28-45, Mississippi Code of 1972, is 1128
brought forward as follows: 1129
37-28-45. (1) Charter schools are subject to the same civil 1130
rights, health and safety requirements applicable to noncharter 1131
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public schools in the state, except as otherwise specifically 1132
provided in this chapter. 1133
(2) Charter schools are subject to the student assessment 1134
and accountability requirements applicable to noncharter public 1135
schools in the state; however, this requirement does not preclude 1136
a charter school from establishing additional student assessment 1137
measures that go beyond state requirements if the authorizer 1138
approves those measures. 1139
(3) Although a charter school is geographically located 1140
within the boundaries of a particular school district and enrolls 1141
students who reside within the school district, the charter school 1142
may not be considered a school within that district under the 1143
purview of the school district's school board. The rules, 1144
regulations, policies and procedures established by the school 1145
board for the noncharter public schools that are in the school 1146
district in which the charter school is geographically located do 1147
not apply to the charter school unless otherwise required under 1148
the charter contract or any contract entered into between the 1149
charter school governing board and the local school board. 1150
(4) Whenever the provisions of Title 37, Mississippi Code of 1151
1972, relating to the elementary and secondary education of public 1152
school students establish a requirement for or grant authority to 1153
local school districts, their school boards and the schools within 1154
the respective school districts, the language "school districts," 1155
"school boards," "boards of trustees," "the schools within a 1156
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school district," or any other similar phraseology does not 1157
include a charter school and the governing board of a charter 1158
school unless the statute specifically is made applicable to 1159
charter schools as well as noncharter public schools. 1160
(5) A charter school is not subject to any rule, regulation, 1161
policy or procedure adopted by the State Board of Education or the 1162
State Department of Education unless otherwise required by the 1163
authorizer or in the charter contract. 1164
(6) Charter schools are not exempt from the following 1165
statutes: 1166
(a) Chapter 41, Title 25, Mississippi Code of 1972, 1167
which relate to open meetings of public bodies. 1168
(b) Chapter 61, Title 25, Mississippi Code of 1972, 1169
which relate to public access to public records. 1170
(c) Section 37-3-51, which requires notice by the 1171
district attorney of licensed school employees who are convicted 1172
of certain sex offenses. 1173
(d) Section 37-3-53, which requires publication of the 1174
Mississippi Report Card by the State Board of Education. 1175
(e) Section 37-11-18, which requires the automatic 1176
expulsion of a student possessing a weapon or controlled substance 1177
on educational property. 1178
(f) Section 37-11-18.1, which requires expulsion of 1179
certain habitually disruptive students. 1180
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(g) Section 37-11-19, which requires suspension or 1181
expulsion of a student who damages school property. 1182
(h) Section 37-11-20, which prohibits acts of 1183
intimidation intended to keep a student from attending school. 1184
(i) Section 37-11-21, which prohibits parental abuse of 1185
school staff. 1186
(j) Section 37-11-23, which prohibits the willful 1187
disruption of school and school meetings. 1188
(k) Sections 37-11-29 and 37-11-31, which relate to 1189
reporting requirements regarding unlawful or violent acts on 1190
school property. 1191
(l) Section 37-11-67, which prohibits bullying or 1192
harassing behavior in public schools. 1193
(m) Section 37-13-3, which prohibits doctrinal, 1194
sectarian or denominational teaching in public schools. 1195
(n) Sections 37-13-5 and 37-13-6, which require the 1196
flags of the United States and the State of Mississippi to be 1197
displayed near the school building. 1198
(o) Section 37-13-63(1), which prescribes the minimum 1199
number of days which public schools must be kept in session during 1200
a scholastic year. 1201
(p) Section 37-13-91, which is the Mississippi 1202
Compulsory School Attendance Law. 1203
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(q) Section 37-13-171(2) and (4), which requires any 1204
course containing sex-related education to include instruction in 1205
abstinence-only or abstinence-plus education. 1206
(r) Section 37-13-173, which requires notice to parents 1207
before instruction on human sexuality is provided in public 1208
classrooms. 1209
(s) Section 37-13-193, which relates to civil rights 1210
and human rights education in the public schools. 1211
(t) Sections 37-15-1 and 37-15-3, which relate to the 1212
maintenance and transfer of permanent student records in public 1213
schools. 1214
(u) Section 37-15-6, which requires the State 1215
Department of Education to maintain a record of expulsions from 1216
the public schools. 1217
(v) Section 37-15-9, which establishes minimum age 1218
requirements for kindergarten and first grade enrollment in public 1219
schools. 1220
(w) Section 37-15-11, which requires a parent, legal 1221
guardian or custodian to accompany a child seeking enrollment in a 1222
public school. 1223
(x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, 1224
which relate to the statewide assessment testing program. 1225
(y) Section 37-18-1, which establishes the 1226
Superior-Performing Schools Program and Exemplary Schools Program 1227
to recognize public schools that improve. 1228
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SECTION 23. Section 37-28-47, Mississippi Code of 1972, is 1229
brought forward as follows: 1230
37-28-47. (1) (a) Charter schools must comply with 1231
applicable federal laws, rules and regulations regarding the 1232
qualification of teachers and other instructional staff. No more 1233
than twenty-five percent (25%) of teachers in a charter school may 1234
be exempt from state teacher licensure requirements. 1235
Administrators of charter schools are exempt from state 1236
administrator licensure requirements. However, teachers and 1237
administrators must have a bachelor's degree as a minimum 1238
requirement, and teachers must have demonstrated subject-matter 1239
competency. Within three (3) years of a teacher's employment by a 1240
charter school, the teacher must have, at a minimum, alternative 1241
licensure approved by the Commission on Teacher and Administrator 1242
Education, Certification and Licensure and Development. 1243
(b) A charter school may not staff positions for 1244
teachers, administrators, ancillary support personnel or other 1245
employees by utilizing or otherwise relying on nonimmigrant 1246
foreign worker visa programs. However, a charter school may 1247
submit a request to the authorizer for an exception allowing the 1248
employment of a nonimmigrant foreign worker before the worker is 1249
employed. The authorizer may grant permission for the employment 1250
of the nonimmigrant foreign worker only if the charter school 1251
makes a satisfactory showing of efforts to recruit lawful 1252
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permanent residents of the United States to fill the position and 1253
a lack of qualified applicants to fill the position. 1254
(2) Employees in charter schools must have the same general 1255
rights and privileges as other public school employees, except 1256
such employees are not: 1257
(a) Covered under the Education Employment Procedures 1258
Law (Section 37-9-103); and 1259
(b) Subject to the state salary requirements prescribed 1260
in Section 37-19-7. 1261
(3) For the purpose of eligibility for participation in the 1262
Public Employees' Retirement System, a public charter school is 1263
considered to be a political subdivision of the state. Employees 1264
in public charter schools are eligible for participation in other 1265
benefits programs if the public charter school governing board 1266
chooses to participate. 1267
SECTION 24. Section 37-28-49, Mississippi Code of 1972, is 1268
brought forward as follows: 1269
37-28-49. (1) Charter school teachers and other school 1270
personnel, as well as members of the governing board and any 1271
education service provider with whom a charter school contracts, 1272
are subject to criminal history record checks and fingerprinting 1273
requirements applicable to employees of other public schools. The 1274
authorizer shall require that current criminal records background 1275
checks and current child abuse registry checks are obtained, and 1276
that the criminal record information and registry checks are on 1277
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file at the charter school for any new hires applying for 1278
employment. In order to determine an applicant's suitability for 1279
employment, the applicant must be fingerprinted. If no 1280
disqualifying record is identified at the state level, the 1281
fingerprints must be forwarded by the Department of Public Safety 1282
to the Federal Bureau of Investigation for a national criminal 1283
history record check. Under no circumstances may a member of the 1284
Mississippi Charter School Authorizer Board, member of the charter 1285
school governing board or any individual other than the subject of 1286
the criminal history record checks disseminate information 1287
received through the checks except as may be required to fulfill 1288
the purposes of this section. The determination whether the 1289
applicant has a disqualifying crime, as set forth in subsection 1290
(2) of this section, must be made by the appropriate state or 1291
federal governmental authority, which must notify the charter 1292
school whether a disqualifying crime exists. 1293
(2) If the fingerprinting or criminal record checks disclose 1294
a felony conviction, guilty plea or plea of nolo contendere to a 1295
felony of possession or sale of drugs, murder, manslaughter, armed 1296
robbery, rape, sexual battery, sex offense listed in Section 1297
45-33-23(g), child abuse, arson, grand larceny, burglary, 1298
gratification of lust or aggravated assault which has not been 1299
reversed on appeal or for which a pardon has not been granted, the 1300
new hire is not eligible to be employed at the charter school. 1301
However, the charter school, in its discretion, may allow any 1302
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applicant aggrieved by the employment decision under this section 1303
to show mitigating circumstances that exist and may allow, subject 1304
to the approval of the Mississippi Charter School Authorizer 1305
Board, the new hire to be employed at the school. The authorizer 1306
may approve the employment depending on the mitigating 1307
circumstances, which may include, but need not be limited to: (a) 1308
age at which the crime was committed; (b) circumstances 1309
surrounding the crime; (c) length of time since the conviction and 1310
criminal history since the conviction; (d) work history; (e) 1311
current employment and character references; and (f) other 1312
evidence demonstrating the ability of the person to perform the 1313
employment responsibilities competently and that the person does 1314
not pose a threat to the health or safety of children. 1315
(3) No charter school, charter school employee, member of 1316
the charter school governing board, the Mississippi Charter School 1317
Authorizer Board or member or employee of the Mississippi Charter 1318
School Authorizer Board employee may be held liable in any 1319
employment discrimination suit in which an allegation of 1320
discrimination is made regarding an employment decision authorized 1321
under this section. 1322
(4) A charter school shall terminate any teacher or 1323
administrator for committing one or more of the following acts: 1324
(a) Engaging in unethical conduct relating to an 1325
educator-student relationship as identified by the Mississippi 1326
Charter School Authorizer Board; 1327
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(b) Fondling a student as described in Section 97-5-23 1328
or engaging in any type of sexual involvement with a student as 1329
described in Section 97-3-95; or 1330
(c) Failure to report sexual involvement of a charter 1331
school employee with a student as required by Section 97-5-24. 1332
SECTION 25. Section 37-28-51, Mississippi Code of 1972, is 1333
brought forward as follows: 1334
37-28-51. A charter school is eligible to participate in 1335
state-sponsored or district-sponsored athletic and academic 1336
interscholastic leagues, competitions, awards, scholarships and 1337
recognition programs for students, educators, administrators and 1338
schools to the same extent as noncharter public schools. 1339
SECTION 26. Section 37-28-53, Mississippi Code of 1972, is 1340
brought forward as follows: 1341
37-28-53. (1) Each charter school shall certify annually to 1342
the State Department of Education its student enrollment, net 1343
enrollment and student participation in federal programs. 1344
(2) Each charter school shall certify annually to the school 1345
board of the school district in which the charter school is 1346
located the number of enrolled charter school students residing in 1347
the school district. 1348
SECTION 27. Section 37-28-55, Mississippi Code of 1972, is 1349
brought forward as follows: 1350
37-28-55. (1) (a) The State Department of Education shall 1351
make payments to charter schools for each student in net 1352
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enrollment at the charter school, as determined under Section 1353
37-151-207, equal to the state share of total funding formula 1354
payments for each student, as determined under Section 37-151-211. 1355
(b) Payments made pursuant to this subsection by the 1356
State Department of Education must be made at the same time and in 1357
the same manner as total funding formula payments are made to 1358
school districts under Sections 37-151-101 and 37-151-103. 1359
Amounts payable to a charter school must be determined by the 1360
State Department of Education pursuant to this section and the 1361
total funding formula. Enrollment projections made under Section 1362
37-151-207 to determine the net enrollment of a charter school for 1363
calculating the state share payment must be reconciled with a 1364
charter school's net enrollment using months two (2) and three (3) 1365
for the year for which total funding formula funds are being 1366
appropriated, and any necessary adjustments must be made to 1367
payments during the school's following year of operation. Any 1368
necessary adjustment must be based on the state share of the per 1369
pupil amount in effect for the year for which net membership did 1370
not meet enrollment projections and not any new amount 1371
appropriated for the year in which the adjustment will be made. 1372
If a charter school is closed by the authorizer before the 1373
following year, it must pay to the state any amounts due before 1374
completion of the closure. 1375
(2) (a) For students attending a charter school located in 1376
the school district in which the student resides, the school 1377
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district in which the charter school is located shall pay directly 1378
to the charter school an amount as follows: the sum of the local 1379
pro rata amount, as calculated by the State Department of 1380
Education in accordance with Section 37-151-211(2)(b) (local 1381
contribution), and the local pro rata amount, as calculated by the 1382
State Department of Education in accordance with Section 37-57-105 1383
(school district operational levy), multiplied by the number of 1384
resident students enrolled in the charter school, based on the 1385
charter school's months two (2) and three (3) net enrollment of 1386
resident students for the current school year. However, the 1387
amount to the charter school may not include any taxes levied for 1388
the retirement of the local school district's bonded indebtedness 1389
or short-term notes or any taxes levied for the support of 1390
vocational-technical education programs. 1391
(b) The amount must be paid by the school district to 1392
the charter school before January 16 of the current fiscal year. 1393
If the local school district does not pay the required amount to 1394
the charter school before January 16, the State Department of 1395
Education shall reduce the local school district's January 1396
transfer of total funding formula funds by the amount owed to the 1397
charter school and shall redirect that amount to the charter 1398
school. Any such payments made under this paragraph by the State 1399
Department of Education to a charter school must be made at the 1400
same time and in the same manner as total funding formula payments 1401
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are made to school districts under Sections 37-151-101 and 1402
37-151-103. 1403
(3) (a) For students attending a charter school located in 1404
a school district in which the student does not reside, the State 1405
Department of Education shall pay to the charter school in which 1406
the students are enrolled an amount as follows: the sum of the 1407
local pro rata amount, as calculated by the State Department of 1408
Education in accordance with Section 37-151-211(2)(b) (local 1409
contribution), and the local pro rata amount, as calculated by the 1410
State Department of Education in accordance with Section 37-57-105 1411
(school district operational levy), multiplied by the number of 1412
students enrolled in the charter school but residing in that 1413
district, based on the charter school's months two (2) and three 1414
(3) net enrollment of these students for the current school year. 1415
However, the amount to the charter school may not include any 1416
taxes levied for the retirement of the local school district's 1417
bonded indebtedness or short-term notes or any taxes levied for 1418
the support of vocational-technical education programs. 1419
(b) The State Department of Education shall reduce the 1420
school district's January transfer of total funding formula funds 1421
by the amount owed to the charter school and shall redirect that 1422
amount to the charter school. Any such payments made under this 1423
subsection (3) by the State Department of Education to a charter 1424
school must be made at the same time and in the same manner as 1425
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ST: Charter schools and districts of
innovation; amend certain provisions concerning.
total funding formula payments are made to school districts under 1426
Sections 37-151-101 and 37-151-103. 1427
(4) (a) The State Department of Education shall direct the 1428
proportionate share of monies generated under federal programs, 1429
including, but not limited to, special education, vocational, 1430
English Language Learner, and other programs, to charter schools 1431
serving students eligible for such funding. The department shall 1432
ensure that charter schools with rapidly expanding enrollments are 1433
treated equitably in the calculation and disbursement of all 1434
federal program dollars. Each charter school that serves students 1435
who may be eligible to receive services provided through such 1436
programs shall comply with all reporting requirements to receive 1437
the aid. 1438
(b) A charter school shall pay to a local school 1439
district any federal or state aid attributable to a student with a 1440
disability attending the charter school in proportion to the level 1441
of services for that student which the local school district 1442
provides directly or indirectly. 1443
(c) Subject to the approval of the authorizer, a 1444
charter school and a local school district may negotiate and enter 1445
into a contract for the provision of and payment for special 1446
education services, including, but not necessarily limited to, a 1447
reasonable reserve not to exceed five percent (5%) of the local 1448
school district's total budget for providing special education 1449
services. The reserve may be used by the local school district 1450
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only to offset excess costs of providing services to students with 1451
disabilities enrolled in the charter school. 1452
(5) (a) The State Department of Education shall disburse 1453
state transportation funding to a charter school on the same basis 1454
and in the same manner as it is paid to school districts. 1455
(b) A charter school may enter into a contract with a 1456
school district or private provider to provide transportation to 1457
the school's students. 1458
(6) The State Department of Education shall disburse 1459
Education Enhancement Funds for classroom supplies, instructional 1460
materials and equipment, including computers and computer software 1461
to all eligible charter school teachers on the same basis and in 1462
the same manner as it is paid to school districts under Section 1463
37-61-33(3)(a)(iii) for the purpose of issuing procurement cards 1464
or credentials for a digital solution to eligible teachers. 1465
SECTION 28. Section 37-28-57, Mississippi Code of 1972, is 1466
amended as follows: 1467
37-28-57. (1) A charter school must adhere to generally 1468
accepted accounting principles. 1469
(2) * * * The governing board of a nonprofit entity holding 1470
a charter contract for one or more charter schools or special 1471
purpose charter schools shall have its financial records audited 1472
annually, with each school reported as a program under the entity 1473
at the end of each fiscal year, either by the State Auditor or by 1474
a certified public accountant approved by the State Auditor. 1475
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However, a certified public accountant may not be selected to 1476
perform the annual audit of a charter school if that accountant 1477
previously has audited the charter school for more than three (3) 1478
consecutive years. Certified public accountants must be selected 1479
in a manner determined by the State Auditor. * * * Financial 1480
audit reports and accompanying management letters shall be filed 1481
with the authorizer before October 1 of the calendar year during 1482
which the audit is conducted. 1483
SECTION 29. Section 37-28-59, Mississippi Code of 1972, is 1484
brought forward as follows: 1485
37-28-59. (1) Any monies received by a charter school from 1486
any source remaining in the charter school's accounts at the end 1487
of a budget year must remain in the charter school's accounts for 1488
use by the charter school during subsequent budget years. 1489
(2) Nothing in this chapter may be construed to prohibit any 1490
person or organization from providing funding or other assistance 1491
to the establishment or operation of a charter school. The 1492
governing board of a charter school may accept gifts, donations 1493
and grants of any kind made to the charter school and may expend 1494
or use such gifts, donations and grants in accordance with the 1495
conditions prescribed by the donor; however, a gift, donation or 1496
grant may not be accepted if it is subject to a condition that is 1497
contrary to any provision of law or term of the charter contract. 1498
(3) A charter school must disclose publicly all sources of 1499
private funding and all funds received from foreign sources, 1500
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ST: Charter schools and districts of
innovation; amend certain provisions concerning.
including gifts from foreign governments, foreign legal entities 1501
and domestic entities affiliated with either foreign governments 1502
or foreign legal entities. For the purposes of this subsection, 1503
the term "foreign" means a country or jurisdiction outside of any 1504
state or territory of the United States. 1505
SECTION 30. Section 37-28-61, Mississippi Code of 1972, is 1506
brought forward as follows: 1507
37-28-61. (1) A charter school has a right of first refusal 1508
to purchase or lease at or below fair market value a closed public 1509
school facility or property or unused portions of a public school 1510
facility or property in the school district in which the charter 1511
school is located if the school district decides to sell or lease 1512
the public school facility or property. If a conversion charter 1513
school application is successful, the local school district owning 1514
the conversion charter school's facility must offer to lease or 1515
sell the building to the conversion charter school at or below 1516
fair market value. 1517
(2) A charter school may negotiate and contract at or below 1518
fair market value with a school district, state institution of 1519
higher learning, public community or junior college, or any other 1520
public or for-profit or nonprofit private entity for the use of a 1521
facility for a school building. 1522
(3) Public entities, including, but not limited to, 1523
libraries, community service organizations, museums, performing 1524
arts venues, theatres, cinemas, churches, community and junior 1525
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colleges, colleges and universities, may provide space to charter 1526
schools within their facilities under their preexisting zoning and 1527
land use designations. 1528
SECTION 31. Section 37-179-1, Mississippi Code of 1972, is 1529
amended as follows: 1530
37-179-1. (1) For purposes of this chapter, the following 1531
terms shall have the meaning ascribed herein, unless the context 1532
clearly indicates otherwise: 1533
(a) "District of innovation" means a district that has 1534
developed a plan of innovation in compliance with this section and 1535
has been approved by the State Board of Education to be exempted 1536
from certain administrative regulations and statutory provisions 1537
to improve the educational performance of students within the 1538
district; 1539
(b) "Innovation" means a new or creative alternative to 1540
existing instructional and administrative practices intended to 1541
improve student learning and student performance of all students; 1542
(c) "School of innovation" means a school that 1543
voluntarily participates in a district of innovation plan to 1544
improve instruction, including waivers and exemptions from local 1545
school board policies, selected provisions of rules and 1546
regulations promulgated by the State Board of Education, and 1547
selected sections of the Mississippi Code of 1972, as permitted 1548
under this section and Section 37-179-3; 1549
(d) "Board" means the State Board of Education; 1550
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(e) "Department" means the State Department of 1551
Education * * *; and 1552
(f) "Special purpose school" means a public school 1553
established to operate in a manner that differs from a traditional 1554
public school by providing a specialized or innovative educational 1555
service designed to meet distinct student needs or community 1556
priorities. Such schools may include, but are not limited to, 1557
schools with a focus on: 1558
(i) Career and technical education; 1559
(ii) Science, technology, engineering and 1560
mathematics (STEM); 1561
(iii) Special education services or targeted 1562
supports for students with disabilities, including students with 1563
autism or dyslexia; or 1564
(iv) Other specialized instructional models 1565
that promote individualized learning or workforce readiness. 1566
A special purpose school shall be subject to all requirements 1567
established by the State Board of Education. 1568
(2) The State Board of Education is authorized to approve 1569
districts of innovation and special purpose schools for the 1570
purposes of improving students' educational performance. 1571
Districts of innovation or special purpose schools shall be 1572
provided flexibility from selected board regulations, Title 37, 1573
Mississippi Code of 1972, and local school board policies for 1574
school administrators, teachers and staff to meet the diverse 1575
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ST: Charter schools and districts of
innovation; amend certain provisions concerning.
needs of students. The initial approval of a district of 1576
innovation or special purpose school shall be for a five-year 1577
period. Each renewal of a district of innovation or special 1578
purpose school shall not exceed five (5) years and shall comply 1579
with administrative regulations promulgated by the board pursuant 1580
to subsection (4) of this section. 1581
(3) The board shall promulgate administrative rules and 1582
regulations to prescribe the conditions and procedures to be used 1583
by a local school board to be approved as a district of innovation 1584
and shall publish the same on or before December 31, 2015. 1585
(4) The board shall promulgate administrative rules and 1586
regulations prescribing the conditions and procedures to be met by 1587
a local school board prior to approving the local school board's 1588
operation of a special purpose school. Such rules and regulations 1589
shall be published on or before December 31, 2026. 1590
( * * *5) Administrative rules and regulations promulgated 1591
by the board under subsections (3) and (4) of this section shall 1592
specify: 1593
(a) The regulatory areas which may be exempted or 1594
modified if approved by the board, except as provided in Section 1595
37-179-3(2), and in addition to those areas identified in Section 1596
37-179-3(3); 1597
(b) The application, plan review, approval and 1598
amendment process for a district; 1599
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ST: Charter schools and districts of
innovation; amend certain provisions concerning.
(c) Timelines for initial approval as a district of 1600
innovation or special purpose school, the renewal process and 1601
ongoing evaluative procedures required of the district; 1602
(d) Acceptable documentation of a critical mass of 1603
parental, community, educator and business support and capacity to 1604
effect a change; 1605
(e) Evidence of teacher collaboration and shared 1606
leadership within the district and the schools to be designated as 1607
schools of innovation or special purpose school; 1608
(f) The process of revocation of the designation of 1609
district of innovation * * *, school of innovation or special 1610
purpose school; 1611
(g) Reporting and oversight responsibilities of the 1612
district and the State Department of Education; 1613
(h) The financial detail relating to budgets of schools 1614
and evidence of sound fiscal management practices; 1615
(i) Acceptable areas of emphasis for innovation; 1616
(j) Acceptable documentation of job-embedded 1617
professional development within the proposed innovation design; 1618
and 1619
(k) Other components deemed necessary to implement this 1620
section and Section 37-179-3. 1621
SECTION 32. Section 37-179-3, Mississippi Code of 1972, is 1622
amended as follows: 1623
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ST: Charter schools and districts of
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37-179-3. (1) A district which is an applicant to be 1624
designated as a district of innovation or to operate a special 1625
purpose school under Section 37-179-1 shall: 1626
(a) Establish goals and performance targets for 1627
the * * * proposal, which may include, but are not limited to: 1628
(i) Reducing achievement gaps among groups of 1629
public school students by expanding learning experiences for 1630
students who are identified as academically low-achieving; 1631
(ii) Increasing pupil learning through the 1632
implementation of high, rigorous standards for pupil performance; 1633
(iii) Increasing the participation of students in 1634
various curriculum components and instructional components within 1635
selected schools to enhance at each grade level; 1636
(iv) Increasing the number of students who are 1637
college and/or career-ready; 1638
(v) Motivating students at different grade levels 1639
by offering more curriculum choices and student learning 1640
opportunities to parents and students within the district; 1641
(vi) Improving educational outcomes for students 1642
with disabilities or learning differences, including those with 1643
autism or dyslexia, by providing special education services or 1644
targeted supports for such students; 1645
(b) Identify changes needed in the district and schools 1646
to lead to better prepared students for success in life and work; 1647
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innovation; amend certain provisions concerning.
(c) Have a district wide plan of innovation that 1648
describes and justifies which schools and innovative practices 1649
will be incorporated; 1650
(d) Provide documentation of community, educator, 1651
parental, and the local board's support of the proposed 1652
innovations; 1653
(e) Provide detailed information regarding the 1654
rationale of requests for waivers from Title 37, Mississippi Code 1655
of 1972, which relate to the elementary and secondary education of 1656
public school students, and administrative regulations, and 1657
exemptions for selected schools regarding waivers of local school 1658
board policies; 1659
(f) Document the fiscal and human resources the board 1660
will provide throughout the term of the implementation of the 1661
innovations within its plan; and 1662
(g) Provide other materials as required by the 1663
department in compliance with the board's administrative 1664
regulations and application procedures. 1665
(2) The district and all schools participating in a 1666
district's innovation plan shall: 1667
(a) Ensure the same health, safety, civil rights, and 1668
disability rights requirements as are applied to all public 1669
schools; 1670
(b) Ensure students meet compulsory attendance 1671
requirements under Sections 37-13-91 and 37-13-92; 1672
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(c) Ensure that high school course offerings meet or 1673
exceed the minimum required under Sections 37-16-7 and 37-3-49, 1674
for high school graduation or meet early graduation requirements 1675
that may be enacted by the Mississippi Legislature; 1676
(d) Ensure the student performance standards meet or 1677
exceed those adopted by the State Board of Education * * *; 1678
(e) Adhere to the same financial audits, audit 1679
procedures, and audit requirements as are applied under Section 1680
7-7-211(e); 1681
(f) Require state and criminal background checks for 1682
staff and volunteers as required of all public school employees 1683
and volunteers within the public schools and specified in Section 1684
37-9-17; 1685
(g) Comply with open records and open meeting 1686
requirements under Sections 25-41-1 et seq. and 25-61-1 et seq.; 1687
(h) Comply with purchasing requirements and limitations 1688
under Chapter 39, Title 37, Mississippi Code of 1972; 1689
(i) Provide overall instructional time that is 1690
equivalent to or greater than that required under Sections 37-1-11 1691
and 37-13-67, but which may include on-site instruction, distance 1692
learning, online courses, and work-based learning on 1693
nontraditional school days or hours; and 1694
(j) Provide data to the department as deemed necessary 1695
to generate school and district reports. 1696
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(3) (a) Only schools that choose to be designated as 1697
schools of innovation or special purpose schools shall be included 1698
in a district's application; 1699
(b) As used in this paragraph, "eligible employees" 1700
means employees that are regularly employed at the school and 1701
those employees whose primary job duties will be affected by the 1702
plan; and 1703
(c) Notwithstanding the provisions of paragraph (a) of 1704
this subsection, the State Board of Education or a local school 1705
board may require a school that has been identified as a 1706
persistently low-achieving school under provisions of Section 1707
37-17-6 to participate in the district's plan of innovation. 1708
(4) Notwithstanding any statutes to the contrary, the board 1709
may approve the requests of districts * * *, as it specifically 1710
relates to districts of innovation or special purpose schools, to: 1711
(a) Use capital outlay funds for operational costs; 1712
(b) Hire persons for classified positions in 1713
nontraditional school and district assignments who have bachelors 1714
and advanced degrees from postsecondary education institutions 1715
accredited by a regional accrediting association (Southern 1716
Association of Colleges and Schools) or by an organization 1717
affiliated with the National Commission on Accrediting; 1718
(c) Employ teachers on extended employment contracts or 1719
extra duty contracts and compensate them on a salary schedule 1720
other than the single salary schedule; 1721
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(d) Extend the school days as is appropriate within the 1722
district with compensation for the employees as determined 1723
locally; 1724
(e) Establish alternative education programs and 1725
services that are delivered in nontraditional hours and which may 1726
be jointly provided in cooperation with another school district or 1727
consortia of districts; 1728
(f) Establish online classes within the district for 1729
delivering alternative classes in a blended environment to meet 1730
high school graduation requirements; 1731
(g) Use a flexible school calendar; 1732
(h) Convert existing schools into schools of 1733
innovation; and 1734
(i) Modify the formula under Chapter 151, Title 37, 1735
Mississippi Code of 1972, for distributing total funding formula 1736
funds for students in net enrollment in nontraditional programming 1737
time, including alternative programs and virtual programs. Funds 1738
granted to a district shall not exceed those that would have 1739
otherwise been distributed based on net enrollment during regular 1740
instructional days. 1741
SECTION 33. This act shall take effect and be in force from 1742
and after July 1, 2026. 1743