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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Norwood
SENATE BILL NO. 2490
AN ACT TO BRING FORWARD SECTION 37-28-55, MISSISSIPPI CODE OF 1
1972, WHICH PROVIDES FOR PAYMENTS TO CHARTER SCHOOLS FROM THE 2
STATE DEPARTMENT OF EDUCATION, FOR THE PURPOSE OF POSSIBLE 3
AMENDMENT; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 37-28-55, Mississippi Code of 1972, is 6
brought forward as follows: 7
37-28-55. (1) (a) The State Department of Education shall 8
make payments to charter schools for each student in net 9
enrollment at the charter school, as determined under Section 10
37-151-207, equal to the state share of total funding formula 11
payments for each student, as determined under Section 37-151-211. 12
(b) Payments made pursuant to this subsection by the 13
State Department of Education must be made at the same time and in 14
the same manner as total funding formula payments are made to 15
school districts under Sections 37-151-101 and 37-151-103. 16
Amounts payable to a charter school must be determined by the 17
State Department of Education pursuant to this section and the 18
total funding formula. Enrollment projections made under Section 19
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37-151-207 to determine the net enrollment of a charter school for 20
calculating the state share payment must be reconciled with a 21
charter school's net enrollment using months two (2) and three (3) 22
for the year for which total funding formula funds are being 23
appropriated, and any necessary adjustments must be made to 24
payments during the school's following year of operation. Any 25
necessary adjustment must be based on the state share of the per 26
pupil amount in effect for the year for which net membership did 27
not meet enrollment projections and not any new amount 28
appropriated for the year in which the adjustment will be made. 29
If a charter school is closed by the authorizer before the 30
following year, it must pay to the state any amounts due before 31
completion of the closure. 32
(2) (a) For students attending a charter school located in 33
the school district in which the student resides, the school 34
district in which the charter school is located shall pay directly 35
to the charter school an amount as follows: the sum of the local 36
pro rata amount, as calculated by the State Department of 37
Education in accordance with Section 37-151-211(2)(b) (local 38
contribution), and the local pro rata amount, as calculated by the 39
State Department of Education in accordance with Section 37-57-105 40
(school district operational levy), multiplied by the number of 41
resident students enrolled in the charter school, based on the 42
charter school's months two (2) and three (3) net enrollment of 43
resident students for the current school year. However, the 44
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amount to the charter school may not include any taxes levied for 45
the retirement of the local school district's bonded indebtedness 46
or short-term notes or any taxes levied for the support of 47
vocational-technical education programs. 48
(b) The amount must be paid by the school district to 49
the charter school before January 16 of the current fiscal year. 50
If the local school district does not pay the required amount to 51
the charter school before January 16, the State Department of 52
Education shall reduce the local school district's January 53
transfer of total funding formula funds by the amount owed to the 54
charter school and shall redirect that amount to the charter 55
school. Any such payments made under this paragraph by the State 56
Department of Education to a charter school must be made at the 57
same time and in the same manner as total funding formula payments 58
are made to school districts under Sections 37-151-101 and 59
37-151-103. 60
(3) (a) For students attending a charter school located in 61
a school district in which the student does not reside, the State 62
Department of Education shall pay to the charter school in which 63
the students are enrolled an amount as follows: the sum of the 64
local pro rata amount, as calculated by the State Department of 65
Education in accordance with Section 37-151-211(2)(b) (local 66
contribution), and the local pro rata amount, as calculated by the 67
State Department of Education in accordance with Section 37-57-105 68
(school district operational levy), multiplied by the number of 69
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students enrolled in the charter school but residing in that 70
district, based on the charter school's months two (2) and three 71
(3) net enrollment of these students for the current school year. 72
However, the amount to the charter school may not include any 73
taxes levied for the retirement of the local school district's 74
bonded indebtedness or short-term notes or any taxes levied for 75
the support of vocational-technical education programs. 76
(b) The State Department of Education shall reduce the 77
school district's January transfer of total funding formula funds 78
by the amount owed to the charter school and shall redirect that 79
amount to the charter school. Any such payments made under this 80
subsection (3) by the State Department of Education to a charter 81
school must be made at the same time and in the same manner as 82
total funding formula payments are made to school districts under 83
Sections 37-151-101 and 37-151-103. 84
(4) (a) The State Department of Education shall direct the 85
proportionate share of monies generated under federal programs, 86
including, but not limited to, special education, vocational, 87
English Language Learner, and other programs, to charter schools 88
serving students eligible for such funding. The department shall 89
ensure that charter schools with rapidly expanding enrollments are 90
treated equitably in the calculation and disbursement of all 91
federal program dollars. Each charter school that serves students 92
who may be eligible to receive services provided through such 93
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programs shall comply with all reporting requirements to receive 94
the aid. 95
(b) A charter school shall pay to a local school 96
district any federal or state aid attributable to a student with a 97
disability attending the charter school in proportion to the level 98
of services for that student which the local school district 99
provides directly or indirectly. 100
(c) Subject to the approval of the authorizer, a 101
charter school and a local school district may negotiate and enter 102
into a contract for the provision of and payment for special 103
education services, including, but not necessarily limited to, a 104
reasonable reserve not to exceed five percent (5%) of the local 105
school district's total budget for providing special education 106
services. The reserve may be used by the local school district 107
only to offset excess costs of providing services to students with 108
disabilities enrolled in the charter school. 109
(5) (a) The State Department of Education shall disburse 110
state transportation funding to a charter school on the same basis 111
and in the same manner as it is paid to school districts. 112
(b) A charter school may enter into a contract with a 113
school district or private provider to provide transportation to 114
the school's students. 115
(6) The State Department of Education shall disburse 116
Education Enhancement Funds for classroom supplies, instructional 117
materials and equipment, including computers and computer software 118
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ST: Charter schools; bring forward code section
regarding payments from State Department of
Education.
to all eligible charter school teachers on the same basis and in 119
the same manner as it is paid to school districts under Section 120
37-61-33(3)(a)(iii) for the purpose of issuing procurement cards 121
or credentials for a digital solution to eligible teachers. 122
SECTION 2. This act shall take effect and be in force from 123
and after July 1, 2026. 124