Charter schools; revoke charter if school remains "D" or "F" rated for longer than two consecutive years.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Norwood

SENATE BILL NO. 2489

AN ACT TO AMEND SECTION 37-28-33, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE CHARTER OF A CHARTER SCHOOL SHALL BE REVOKED 2
OR NOT RENEWED FOR ANY SCHOOL THAT IS DESIGNATED A "D" OR "F" 3
RATED SCHOOL UNDER THE SCHOOL ACCREDITATION RATING SYSTEM FOR 4
LONGER THAN TWO CONSECUTIVE YEARS; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 37-28-33, Mississippi Code of 1972, is 7
amended as follows: 8
37-28-33. (1) A charter may be renewed for successive 9
five-year terms of duration. The authorizer may grant renewal 10
with specific conditions for necessary improvements to a charter 11
school and may lessen the renewal term based on the performance, 12
demonstrated capacities and particular circumstances of each 13
charter school. 14
(2) Before September 30, the authorizer shall issue a 15
charter school performance report and charter renewal application 16
guidance to any charter school whose charter will expire the 17
following year. The performance report must summarize the charter 18
school's performance record to date, based on the data required by 19
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this chapter and the charter contract, and must provide notice of 20
any weaknesses or concerns perceived by the authorizer which may 21
jeopardize the charter school's position in seeking renewal if not 22
timely rectified. The charter school must respond and submit any 23
corrections or clarifications for the performance report within 24
ninety (90) days after receiving the report. 25
(3) The charter renewal application guidance must provide, 26
at a minimum, an opportunity for the charter school to: 27
(a) Present additional evidence, beyond the data 28
contained in the performance report, supporting its case for 29
charter renewal; 30
(b) Describe improvements undertaken or planned for the 31
school; and 32
(c) Detail the school's plans for the next charter 33
term. 34
(4) The charter renewal application guidance must include or 35
refer explicitly to the criteria that will guide the authorizer's 36
renewal decision, which must be based on the performance framework 37
set forth in the charter contract and consistent with this 38
chapter. 39
(5) Before February 1, the governing board of a charter 40
school seeking renewal shall submit a renewal application to the 41
authorizer pursuant to the charter renewal application guidance 42
issued by the authorizer. The authorizer shall adopt a resolution 43
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ruling on the renewal application no later than ninety (90) days 44
after the filing of the renewal application. 45
(6) In making each charter renewal decision, the authorizer 46
must: 47
(a) Ground its decision in evidence of the school's 48
performance over the term of the charter contract in accordance 49
with the performance framework set forth in the charter contract; 50
(b) Ensure that data used in making the renewal 51
decision is available to the school and the public; and 52
(c) Provide a public report summarizing the evidence 53
that is the basis for the renewal decision. 54
(7) A charter contract must be revoked at any time or not 55
renewed if the authorizer determines that the charter school has 56
done any of the following or otherwise failed to comply with the 57
provisions of this chapter: 58
(a) Committed a material and substantial violation of 59
any of the terms, conditions, standards or procedures required 60
under this chapter or the charter contract; 61
(b) Failed to meet or make sufficient progress toward 62
the performance expectations set forth in the charter contract; 63
(c) Failed to meet generally accepted standards of 64
fiscal management; * * * 65
(d) Substantially violated any material provision of 66
law which is applicable to the charter school; or 67
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(e) The charter school is designated a "D" or "F" rated 68
school under the school accreditation rating system for longer 69
than two (2) consecutive years. 70
(8) The authorizer shall develop revocation and nonrenewal 71
processes that: 72
(a) Provide the governing board of a charter school 73
with a timely notification of the prospect of revocation or 74
nonrenewal and of the reasons for such possible closure; 75
(b) Allow the governing board a reasonable amount of 76
time in which to prepare a response; 77
(c) Provide the governing board with an opportunity to 78
submit documents and give testimony challenging the rationale for 79
closure and in support of the continuation of the school at an 80
orderly proceeding held for that purpose; 81
(d) Allow the governing board access to representation 82
by counsel and to call witnesses on the school's behalf; 83
(e) Permit the recording of such proceedings; and 84
(f) After a reasonable period for deliberation, require 85
a final determination to be made and conveyed in writing to the 86
governing board. 87
(9) Notwithstanding any provision to the contrary, the 88
authorizer may not: 89
(a) Renew the charter of any charter school that, 90
during the school's final operating year under the term of the 91
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ST: Charter schools; revoke charter if school
remains "D" or "F" rated for longer than two
consecutive years.
charter contract, is designated an "F" school under the school 92
accreditation rating system * * *; or 93
(b) Renew the charter of any charter school that is 94
designated a "D" or "F" rated school under the school 95
accreditation rating system for longer than two (2) consecutive 96
years. 97
(10) If the authorizer revokes or does not renew a charter, 98
the authorizer must state clearly, in a resolution of adopted by 99
the authorizer board, the reasons for the revocation or 100
nonrenewal. 101
(11) Within ten (10) days after taking action to renew, not 102
renew or revoke a charter, the authorizer shall provide a report 103
to the charter school. The report must include a copy of the 104
authorizer board's resolution setting forth the action taken, 105
reasons for the board's decision and assurances as to compliance 106
with all of the requirements set forth in this chapter. 107
SECTION 2. This act shall take effect and be in force from 108
and after July 1, 2026. 109