MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Senator(s) White (29th)

Senate Bill 2132

AN ACT TO AMEND SECTION 37-17-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO EXEMPT ANY SCHOOL DESIGNATED AS A CHARTER SCHOOL FROM ANY COMPULSORY ACCREDITATION STANDARD OR REGULATION, TO SET FORTH PROCEDURES AND CRITERIA FOR A SCHOOL TO APPLY FOR AND REQUIRE CHARTER DESIGNATION AND TO PROVIDE MINIMUM REQUIREMENTS FOR THE OPERATION OF A CHARTER SCHOOL; TO AMEND SECTIONS 37-3-2, 37-3-4, 37-3-49, 37-11-53, 37-17-8, 37-19-5 AND 37-21-7, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO EXEMPT ANY SUCH CHARTER SCHOOL FROM CERTAIN STATUTORY REQUIREMENTS FOR SCHOOL OPERATION AND ADMINISTRATION; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-17-11, Mississippi Code of 1972, is amended as follows:

37-17-11. (1) The State Board of Education shall exempt any school meeting the criteria for designation as a Charter School as provided herein, from any compulsory standard of accreditation or any other regulation of the State Department of Education relating to the operation or administration of the school or school district, although it may elect to comply with one or more such standards or regulations. In the event such standard of accreditation or regulation is an educational policy required by statute, any such exemption shall only be made if specifically authorized by law. A Charter School shall meet all applicable state and local health and safety requirements. Any Charter School shall be subject to the same financial audits and audit procedures as any other school and shall be required to produce and submit to the State Department of Education the reports, attendance documents and financial statements that are necessary to determine minimum education program funding.

(2) The purpose of charter designation is to:

(a) Improve pupil learning;

(b) Increase learning opportunities for pupils;

(c) Encourage the use of different and innovative teaching methods;

(d) Require the measurement of learning outcomes and create different and innovative forms of measuring outcomes;

(e) Establish new forms of accountability for schools;

(f) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; or

(g) Motivate low or moderate performing schools and districts.

This designation does not provide a means to keep open a school that otherwise would be closed. Applicants in these circumstances bear the burden of proving that conversion to a Charter School fulfills a purpose specified in this subsection.

(3) In order to be designated a Charter School one (1) of the following methods may be utilized:

(a) A group of local school sponsors, including, but not limited to, educators, parents and community leaders, or a local business entity, may submit a proposal for a Charter School to the local school board. Before the sponsor(s) may form and operate a school, the sponsor(s) shall file an affidavit with the State Board of Education stating their(its) intent to authorize a Charter School. The affidavit shall state the terms and conditions under which the sponsor(s) would authorize a Charter School. The state board shall approve or disapprove the sponsor's proposed authorization within thirty (30) days of receipt of the affidavit. The proposal shall contain provisions for curriculum, assessment, personnel management, fiscal management and legal considerations. Projected student achievement results, means of education accountability for the school district, and an accompanying timeline shall also be specified. The local school board may approve the proposal and forward it to the State Board of Education if all criteria are present and appropriate. If the proposal is incomplete or deemed inappropriate, the local board may suggest revisions or the applicants may pursue an appeal to the State Board of Education.

(b) A public school district, a two-year or four-year college or university may present a proposal for Charter School designation on behalf of the district, college or university to the State Board of Education. The proposal shall contain provisions for curriculum, assessment, personnel management, fiscal management and legal considerations. Projected standard achievement results, means of education accountability, and an accompanying timeline shall all be specified. The State Department of Education shall approve the proposal if all criteria are present and appropriate. If the proposal is incomplete or deemed inappropriate, the State Board of Education may suggest revisions, and the district, college or university may resubmit the proposal.

(4) The sponsor's authorization for a Charter School shall be in the form of a written contract signed by the sponsor and the local school board. The contract for a Charter School shall be in writing and contain at least the following:

(a) Goals for improving student learning as measured by objective standards to be identified by the sponsor(s);

(b) A comprehensive instructional program;

(c) Specific outcomes pupils are to achieve;

(d) Admission policies and procedures;

(e) Management and administration of the school;

(f) Requirements and procedures for program and financial audits;

(g) Assumption of liability by the Charter School;

(h) Types and amounts of insurance coverage to be obtained by the Charter School; and

(i) The term of the contract which may be up to five (5) years.

(5) Any school or school district implementing a charter proposal shall be funded under the current minimum program funding formula. There shall be no start-up funds or supplementary funding available from the state for any Charter School or school district. Any Charter School shall be funded at a level of no less than the per pupil expenditure in the school district in which it is founded, including funding for transportation and support services.

(6) Charter proposals shall be developed and submitted in compliance with federal restraints, including any applicable desegregation court orders. Any waivers to such restraints shall be requested by the local school board.

(7) While Charter School proposals may be made for projects from one (1) to five (5) years in length, the school or school district shall be held strictly accountable for the proposed results within the timeline designated in the proposal. Failure to meet those results shall result in discontinuation of the charter designation by the State Board of Education. The five-year contract term may be renewed by the State Board of Education if the Charter School goals are met, and the charter proposal may be amended with the approval of the sponsor(s) and the State Board of Education.

(8) The Charter School must be located in the sponsoring district, unless another school board agrees to locate a Charter School sponsored by another district in its boundaries. If a school board denies a request to locate within its boundaries a Charter School sponsored by another district, the sponsoring district may appeal to the State Board of Education. If the state board authorizes the school, the state board shall sponsor the school.

(9) The Charter School shall be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a Charter School or program that is affiliated with a nonpublic sectarian school or a religious institution.

(10) The primary focus of the Charter School shall be to provide a comprehensive program of instruction for at least one (1) grade or age group from five (5) through eighteen (18) years of age. Instruction may be provided to people younger than five (5) years and older than eighteen (18) years of age.

(11) The Charter School may not charge tuition.

(12) The Charter School is subject to and shall comply with all applicable student dismissal and expulsion statutes and procedures.

(13) The Charter School shall enroll an eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building. In this case, pupils shall be accepted by lot. The school may not limit admission to pupils on the basis of intellectual ability, measures of achievement or aptitude or athletic ability.

(14) The Charter School shall employ or contract with necessary teachers who hold valid certificates to perform the particular service for which they are employed in the school. The school may employ necessary employees who are not required to hold teaching certificates to perform duties other than teaching and may contract for other services. The school may discharge teachers and nonlicensed employees. The local school board also shall decide matters related to the operation of the school, including budgeting, curriculum and operating procedures.

(15) A Charter School shall provide instruction each year for at least the number of days required by law and may provide instruction throughout the year.

(16) Transportation for pupils enrolled at a Charter School shall be provided by the district in which the school is located, for a pupil residing in the same district in which the Charter School is located. Transportation may be provided by the district in which the school is located for a pupil residing in a different district.

(17) There shall be no limit on the number of Charter Schools to be authorized by the State Board of Education.

(18) If a teacher employed by a school district makes a written request for an extended leave of absence to teach at a Charter School, the school district shall grant the leave. The school district shall grant a leave for any number of years requested by the teacher, and must extend the leave at the teacher's request.

(19) The State Board of Education, in its discretion, may exempt any school district which meets Level 4 or 5 accreditation from any compulsory standard of accreditation. Provided, however, that in the event such standard of accreditation is an educational policy required by statute, any such exemption shall only be made if specifically authorized by law.

SECTION 2. Section 37-3-2, Mississippi Code of 1972, is amended as follows:

37-3-2. (1) There is hereby established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.

(2) The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed three (3) from each congressional district: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the State Board for Community and Junior Colleges; one (1) local school board member; and four (4) lay persons. All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.

(3) The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed and authorized by the State Board of Education. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.

(4) An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.

(5) It shall be the duty of the commission to:

(a) Set standards and criteria, subject to the approval of the State Board of Education, for all public teacher education programs in the state;

(b) Recommend to the State Board of Education each year approval or disapproval of each public teacher education program in the state;

(c) Establish, subject to the approval of the State Board of Education, standards for initial teacher certification in all fields;

(d) Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher certificates in all fields;

(e) Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the certification process, and to make recommendations for their use;

(f) Review all existing requirements for certification;

(g) Consult with groups whose work may be affected by the commission's decisions;

(h) Prepare reports from time to time on current practices and issues in the general area of teacher education and certification;

(i) Hold hearings concerning standards for teachers' and administrators' education and certification with approval of the State Board of Education;

(j) Hire expert consultants with approval of the State Board of Education;

(k) Set up ad hoc committees to advise on specific areas; and

(l) Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.

(6) All controversies involving the issuance, revocation, suspension or any change whatsoever in the certification of an educator required to hold a certificate shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a certificate shall be by sworn affidavit filed with the Commission of Teacher and Administrator Education, Certification and Development. The decision thereon by the commission or its subcommittee shall be final, unless the aggrieved party shall petition to the State Board of Education for an administrative reconsideration. The party aggrieved by the decision of the commission may petition, within ten (10) days, the board for an administrative reconsideration, which shall be on the record previously made before the commission or its subcommittee unless otherwise provided by rules and regulations adopted by the board.

(7) The State Board of Education, acting on the recommendation of the commission, may deny an application for any teacher or administrator certificate for one or more of the following:

(a) Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;

(b) Has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the certificate, as certified by a licensed psychologist or psychiatrist;

(c) Is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect, at the time of application for a certificate;

(d) Revocation of a certificate by another state;

(e) Committed fraud or deceit in securing or attempting to secure such certificate;

(f) Fails or refuses to furnish reasonable evidence of identification;

(g) Has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law; or

(h) Has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law.

(8) The State Board of Education, acting on the recommendation of the commission, may revoke or suspend any teacher or administrator certificate for specified periods of time for one or more of the following:

(a) Breach of contract or abandonment of employment may result in the suspension of the certificate for one (1) school year as provided in Section 37-9-57, Mississippi Code of 1972;

(b) Obtaining a certificate by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;

(c) Suspension or revocation of a certificate by another state when the applicant's Mississippi certificate was issued on the basis of reciprocity shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;

(d) Has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law;

(e) Has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense, as defined by federal or state law; or

(f) Knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1), Mississippi Code of 1972.

(9)(a) Dismissal or suspension of a certified employee by a local school board pursuant to Section 37-9-59, Mississippi Code of 1972, may result in the suspension or revocation of a certificate for a length of time which shall be determined by the commission and based upon the severity of the offense.

(b) Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.

(c) A person may voluntarily surrender a certificate. The surrender of such certificate may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such certificate which has voluntarily been surrendered by a certified employee may be reinstated by a unanimous vote of all members of the commission.

(10) Any person whose certificate has been suspended on any grounds except criminal grounds may apply for reinstatement of the certificate after one (1) year from the date of suspension, or after one-half (1/2) of the suspended time has lapsed, whichever is greater. A certificate revoked on the criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence or parole or probationary period imposed upon conviction, whichever is shorter. The commission may require an applicant for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the applicant's fitness to perform the duties authorized by the certificate.

(11) Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a certificate shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken.

(12) A teacher or administrator entering the school system of Mississippi for the first time shall be granted a one-year provisional certificate which may be renewed for not more than two (2) additional one-year periods. A provisional certificate recipient, who has had no prior certification to teach in Mississippi or any other state, shall be paid a minimum salary in accordance with the salary scale provided in Section 37-19-7 and shall not receive minimum base pay increment increases as long as they possess provisional certification. The State Board of Education, in its discretion, may waive the provisional year certification requirements on a case-by-case basis for any person possessing prior teaching experience and other evidences of teaching abilities deemed sufficient by the board. Persons who possess two (2) years of classroom experience as a teaching assistant or who have taught for one (1) year in an accredited private school may be exempted by the State Board of Education from any student teaching requirements otherwise mandated for provisional certification. The board shall also be authorized to grant a temporary certification to business and professional personnel, to allow school districts to offer specialized or technical courses. The board shall adopt rules and regulations to administer such temporary certification. As part of its duties, the commission shall oversee the management of this provisional year and shall establish rules and criteria for granting certification following this provisional period. These rules and criteria for teachers shall include, but shall not be limited to: (a) a basic skills examination that is suitable for determining whether the candidate has the mastery of reading, writing and mathematics skills a prospective schoolteacher reasonably should be expected to achieve; (b) an examination that can measure the candidate's mastery of a minimum amount of common or general knowledge in the cognitive teaching area in which the prospective teacher seeks certification; and (c) an observational instrument to be used to evaluate the on-the-job performance of a teacher during the provisional year of teaching. These rules and criteria for administrators shall include, but shall not be limited to: (a) a basic skills examination that is suitable for determining whether the candidate has the mastery of administrative practices, personnel management and financial management a prospective administrator should be expected to achieve; (b) an examination that can measure the candidate's mastery of a minimum amount of common or general knowledge in the cognitive teaching areas of English, mathematics and social studies; and (c) an observational instrument to be used to evaluate on-the-job performance of an administrator during the provisional year.

In order to allow a school district to offer specialized or technical courses, the State Board of Education may grant a one-year expert citizen-teacher certificate to local business or other professional personnel to teach in a public school or nonpublic school accredited by the state; or in order to utilize the expertise of local business or other professional personnel in a school district, a noncertified person may teach for a maximum of three (3) periods per teaching day in a public school or a nonpublic school accredited by the state. Such person shall submit to the commission a transcript or record of his education and experience which substantiates his preparation for the subject to be taught. Such person may begin teaching upon his employment by the local school board and certification by the commission. In no case shall any local school board hire noncertificated personnel as authorized under this paragraph in excess of five percent (5%) of the total number of certificated personnel in any single school. The board shall adopt rules and regulations to administer the expert citizen-teacher certification.

In the event any school district meets Level 4 or 5 accreditation standards, the State Board of Education may, in its discretion, exempt such school district from any restrictions in this paragraph relating to the employment of noncertified teaching personnel. In the event any school is designated as a Charter School, the State Board of Education shall exempt such school or district from any restrictions in this paragraph relating to the employment of noncertificated teaching personnel.

(13) As part of the rules and criteria on provisional certification developed by the commission, there shall be established a procedure whereby each school or school district shall make reports to the commission concerning the performance of each teacher or administrator working in that school or district and holding provisional certification. These reports shall contain an evaluation of the on-the-job performance of the beginning (provisional) teacher or administrator and a recommendation concerning regular certification. Each report must be signed by the school administrator or supervisor who conducted a major part of the class observation and the principal or superintendent and approved by the local school board. There will be two (2) signatures on each report.

(14) Each district shall develop a plan to provide in-service training for beginning teachers. This plan shall include means of addressing needs for improvement that are determined through the evaluation of on-the-job performance. Cooperative and third-party arrangements may be used in these plans. Each district shall have a plan approved by the State Board of Education and in effect by school year 1986-1987. The State Board of Education may delegate the approval of these plans to the commission.

(15) The commission shall carefully monitor the administration of this provisional teachers and administrators program. The State Board of Education shall establish a program evaluation unit to monitor the administration of this provisional teachers and administrators program to conduct validation studies and to gather data on deficiencies found in prospective teachers and administrators which might indicate weaknesses in their preparation.

(16) As part of the rules and criteria for the renewal of teacher certificates in all fields, every certified teacher shall:

(a) Be required to successfully complete the prescribed in-service training staff development plan approved by the Commission on School Accreditation as provided in Section 37-17-8, Mississippi Code of 1972. This plan shall include means of addressing needs for improvement as determined through the evaluation of on-the-job performance. The commission may request school districts to provide in-service training designed to ensure that phonics is taught within the context of reading and writing; or

(b) Complete coursework for credit prescribed by the commission at an accredited college or university; or

(c) Programs and curriculum developed by the Board of Trustees of State Institutions of Higher Learning to instruct teachers in student dropout prevention techniques and the latest nontraditional instructional approaches, including meeting individual needs of students through the following nontraditional modes of instruction: integrated, holistic curriculum; whole-language instruction; collaborative learning; peer tutoring; values development and clarification; use of rich science and social studies resources; mathematics manipulatives; discovery learning; computer-based technology; video technology and other technology; and other means for every school-age child in the state; or

(d) A combination of (a), (b) and (c) as determined by the commission.

(17) The commission shall develop and present to the State Board of Education a plan for implementing a program to encourage and reward financially professional development in teachers, school administrators and other certified school personnel. The plan shall include, but not be limited to, criteria to guide participants in planning their professional development; standards of balance, breadth and vigorousness for such plans; criteria for their evaluation and approval; and procedures for administering the programs.

(18) The State Board of Education may adopt rules and criteria for a Professional Development Program based upon the plan presented by the commission. Once such program is implemented, the commission shall be responsible for reviewing and approving professional development plans, monitoring compliance with the plans as approved, approving amendments and revisions to approved plans, certifying acceptable activities, and certifying completion of a one-year segment, and authorizing the pay increment provided for by law.

(19) All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.

(20) The granting of a certificate shall not be deemed a property right nor a guarantee of employment in any public school district. A certificate is a privilege license indicating minimal eligibility for teaching in the public schools of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.

(21) It is not the intent of the Legislature under this section to repeal by implication Section 37-9-9 or 37-9-11, Mississippi Code of 1972, which provide for rules and regulations governing the issuance of teachers' certificates and the establishment of minimum test scores by the State Board of Education.

(22) An appeal from the action of the State Board of Education in denying an application, revoking or suspending a certificate or otherwise disciplining any person under the provisions of this section, shall be filed in the Chancery Court of the First Judicial District of Hinds County on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in chancery court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and the filing of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the chancery court, the applicant or certificate holder shall pay the costs of the appeal and the action of the chancery court.

(23) Every certified administrator who has applied for employment as a principal in a public school district shall have a current evaluation performed by the Commission on Teacher and Administrator Education, Certification and Development within the preceding fifteen (15) months, utilizing an appropriate screening process, on file with the local school board. No such administrator shall be eligible for employment by such school board without such current evaluation. The results of the said current evaluation shall be a public record subject to the provisions of the Mississippi Public Records Act, Section 25-61-1 et seq.

(24) Beginning with the 1995-1996 school year, individuals seeking school administrator certification shall successfully complete a training program and an assessment process prescribed by the State Board of Education. Individuals who hold administrator certification prior to the implementation of the State Board's assessment process, but who have not practiced as a school administrator, shall successfully demonstrate competency in this assessment process.

(25) In addition to the reasons specified in subsection (8) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 3. Section 37-3-4, Mississippi Code of 1972, is amended as follows:

37-3-4. (1) There is hereby established on July 1, 1984, within the State Department of Education, the School Executive Management Institute. The director shall be appointed by the State Board of Education upon recommendation by the State Superintendent of Public Education. The State Superintendent of Public Education shall, with the approval of the State Board of Education, assign sufficient staff members from the State Department of Education to the institute.

(2) It shall be the purpose and duty of the institute to conduct thorough empirical studies and analyses of the school management needs of the local school districts throughout the state, to make recommendations to the State Board of Education regarding standards and programs of training that aid in the development of administrative and management skills of local school administrators, and to conduct such programs related to these purposes as they are implemented under guidelines established by the State Board of Education.

(3) The State Board of Education shall develop and implement through the School Executive Management Institute a program for the development of administrative and management skills of local school administrators under which all local school administrators shall be required to participate. Subject to the extent of appropriations available for such purpose, the School Executive Management Institute or the Mississippi School Boards Association shall be required to offer courses at least twice a year on the uses of technology to principals, superintendents and other administrative personnel. These courses shall relate to the application of technology to learning, as well as administrative problems.

(4) The institute shall have an advisory board composed of ten (10) qualified members appointed by the State Board of Education after consultation with the State Superintendent of Public Education. This advisory board will offer recommendations to the institute on the types of training to be instituted and supported. The membership of said advisory board shall be composed of the following members: two (2) to be appointed from each congressional district, three (3) school administrators, one (1) representative of public junior colleges within the state, one (1) representative of a school of education in an institution of higher learning within the state, two (2) local school board members, one (1) classroom teacher and two (2) lay persons. In making the initial appointments, three (3) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, two (2) members shall be appointed for a term of three (3) years, and two (2) members shall be appointed for a term of four (4) years. Thereafter, all members shall be appointed for a term of four (4) years. The advisory board shall meet when called by the director, but in no event fewer than three (3) times per year. The members of the advisory board shall be compensated at a per diem rate as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.

(5) Subject to the extent of appropriations available for such purpose, the School Executive Management Institute of the State Department of Education, or the Mississippi School Boards Association with the oversight of the State Board of Education, at least twice a year, shall prepare and conduct courses of training for basic and continuing education for the local school board members of this state, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring. The basic course shall be known as the "School Board Member Training Course" and shall consist of at least twelve (12) hours of training. The continuing education course shall be known as the "Continuing Education Course for School Board Members" and shall consist of at least six (6) hours of training. The content of the basic and continuing education courses and the time and place such courses are to be conducted shall be determined by the School Executive Management Institute; provided, however, that to the extent practicable, such training sessions shall be held within geographical proximity of local districts in order that travel times and costs shall not be prohibitive. The curriculum of such training sessions shall include, but not be limited to, the following:

(a) The role of the local board;

(b) School leadership;

(c) Financial management;

(d) School restructuring;

(e) Innovations in school management;

(f) Human relations;

(g) Multicultural and multiethnic relations; and

(h) Crisis management.

The institute shall issue certificates of completion to those school board members who complete such courses. All costs and expenses for preparing and conducting the basic and continuing education courses provided for in subsection (5) of this section shall be paid out of any funds which are made available to the institute upon authorization and appropriation by the Legislature.

The State Board of Education shall have the authority to approve a basic course or a continuing education course for school board members conducted by any individual, group or association. Any such individual, group or association desiring to offer such courses to school board members shall submit the content and curriculum of such courses to the State Board of Education for approval. The School Executive Management Institute or the Mississippi School Boards Association shall issue certificates of completion to those school board members who show evidence of completion of such approved course work.

(6) The School Executive Management Institute of the State Department of Education, or the Mississippi School Boards Association with the oversight of the State Board of Education, at least twice a year, shall prepare and conduct required courses of training for continuing education for the elementary and secondary school principals of this state, in order for principals to carry out their duties more effectively and be exposed to new ideas involving school management. The continuing education course shall be known as the "Continuing Education Course for Principals" and shall consist of at least six (6) hours of training. The content of the continuing education courses and the time and place such courses are to be conducted shall be determined by the School Executive Management Institute or the Mississippi School Boards Association; provided, however, that to the extent practicable, such training sessions shall be held within geographical proximity of local districts in order that travel times and costs shall not be prohibitive. The curriculum of such training sessions shall include, but not be limited to, the following:

(a) School leadership;

(b) Financial management;

(c) Innovations in school management;

(d) Student psychology;

(e) Student health issues;

(f) Student drug abuse;

(g) Human relations;

(h) Multicultural and multiethnic relations; and

(i) Crisis management.

The institute shall issue certificates of completion to those principals who complete such courses. All costs and expenses for preparing and conducting the basic and continuing education courses provided for in subsection (6) of this section shall be paid out of any funds which are made available to the institute upon authorization and appropriation by the Legislature.

(7) In the event any school district meets Level 4 or 5 accreditation requirements, the State Board of Education may, in its discretion, exempt the school superintendents, principals and other administrators of such school district from the provisions of this section. In the event any school is designated as a Charter School, the State Board of Education shall exempt the school superintendents, principals and other administrators of such school from the provisions of this section.

SECTION 4. Section 37-3-49, Mississippi Code of 1972, is amended as follows:

37-3-49. (1) The State Department of Education shall provide an instructional program and establish guidelines and procedures for managing such program in the public schools as part of the State Program of Educational Accountability and Assessment of Performance as prescribed in Section 37-3-46. Public school districts may (a) elect to adopt the instructional program and management system provided by the State Department of Education, or (b) elect to adopt an instructional program and management system which meets or exceeds criteria established by the State Department of Education for such. This provision shall begin with the courses taught in Grades K-8 which contain skills tested through the Mississippi Basic Skills Assessment Program and shall proceed through all secondary school courses mandated for graduation and all secondary school courses in the Mississippi end-of-course testing program. Other state core objectives must be included in the district's instructional program as they are provided by the State Department of Education along with instructional practices, resources, evaluation items and management procedures. Districts are encouraged to adapt this program and accompanying procedures to all other instructional areas. The department shall provide that such program and guidelines, or a program and guidelines developed by a local school district which incorporates the core objectives from the curriculum structure are enforced through the performance-based accreditation system. It is the intent of the Legislature that every effort be made to protect the instructional time in the classroom and reduce the amount of paperwork which must be completed by teachers. The State Department of Education shall take steps to insure that school districts properly use staff development time to work on the districts' instructional management plans.

(2) The State Department of Education shall provide such instructional program and management guidelines which shall require for every public school district that:

(a) All courses taught in Grades K-8 which contain skills which are tested through the Mississippi Basic Skills Assessment Program, all secondary school courses mandated for graduation, and all courses in the end-of-course testing program shall include the State Department of Education's written list of learning objectives.

(b) The local school board must adopt the objectives that will form the core curriculum which will be systematically delivered throughout the district.

(c) The set of objectives provided by the State Department of Education must be accompanied by suggested instructional practices and resources that would help teachers organize instruction so as to promote student learning of the objectives. Objectives added by the school district must also be accompanied by suggested instructional practices and resources that would help teachers organize instruction. The instructional practices and resources that are identified are to be used as suggestions and not as requirements that teachers must follow. The goal of the program is to have students to achieve the desired objective and not to limit teachers in the way they teach.

(d) Standards for student performance must be established for each core objective in the local program and those standards establish the district's definition of mastery for each objective.

(e) There shall be an annual review of student performance in the instructional program against locally established standards. When weaknesses exist in the local instructional program, the district shall take action to improve student performance.

(3) The State Board of Education and the board of trustees of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.

(4) This section shall not be construed to limit teachers from using their own professional skills to help students master instructional objectives, nor shall it be construed as a call for more detailed or complex lesson plans or any increase in testing at the local school district level.

(5) In the event any school district meets Level 4 or 5 accreditation requirements, the State Board of Education may, in its discretion, exempt such school district from the provisions of this section.

In the event any school is designated a Charter School, the State Board of Education shall exempt such school from the provisions of this section.

SECTION 5. Section 37-11-53, Mississippi Code of 1972, is amended as follows:

37-11-53. (1) A copy of the school district's discipline plan shall be distributed to each student enrolled in the district and the parents, guardian or custodian of such student shall sign a statement verifying that they have been given notice of the discipline policies of their respective school district. The school board shall have its official discipline plan legally audited on an annual basis to insure that its policies and procedures are currently in compliance with applicable statutes, case law and state and federal constitutional provisions.

(2) All discipline plans of school districts shall include, but not be limited to, the following:

(a) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible financially for his or her minor child's destructive acts against school property or persons;

(b) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district may be requested to appear at school by an appropriate school official for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any other discipline conference regarding the acts of the child;

(c) Any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who refuses or willfully fails to attend such discipline conference specified in paragraph (b) of this section may be summoned by proper notification by the superintendent of schools and be required to attend such discipline conference; and

(d) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible for any criminal fines brought against such student for unlawful activity as defined in Section 37-11-29 occurring on school grounds.

(3) Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline conference to which such parent, guardian or custodian has been summoned under the provisions of this section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed Two Hundred Fifty Dollars ($250.00).

(4) Any public school district shall be entitled to recover damages in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus necessary court costs, from the parents of any minor under the age of eighteen (18) years and over the age of six (6) years, who maliciously and willfully damages or destroys property belonging to such school district. However, this section shall not apply to parents whose parental control of such child has been removed by court order or decree. The action authorized in this section shall be in addition to all other actions which the school district is entitled to maintain and nothing in this section shall preclude recovery in a greater amount from the minor or from a person, including the parents, for damages to which such minor or other person would otherwise be liable.

(5) In the event any school is designated as a Charter School, the State Board of Education shall exempt such school from the provisions of this section relating to school discipline plans.

SECTION 6. Section 37-17-8, Mississippi Code of 1972, is amended as follows:

37-17-8. (1) The State Board of Education shall, through the Commission on School Accreditation, establish criteria for comprehensive in-service staff development plans. These criteria shall: (a) include, but not be limited to, formula and guidelines for allocating state funds for in-service training to local school districts which have an approved plan; (b) provide that such funds may not be allocated to local school districts which do not have approved plans; and (c) require that a certain portion of the funds allocated pursuant to an approved plan be used exclusively for the purpose of providing staff development training for beginning teachers within that local school district and for no other purpose. The board shall each year make recommendations to the Legislature concerning the amount of funds which shall be appropriated for this purpose.

(2) Beginning in school year 1984-1985, and each school year thereafter, every school district shall submit to the Commission on School Accreditation for its approval a comprehensive in-service training staff development plan to be used in that school district. Before the plan is submitted to the commission, the plan shall have been prepared by a district committee appointed by the district superintendent and consisting of teachers, administrators, school board members, and lay people, and it shall have been approved by the district superintendent.

(3) In the event any school district meets Level 4 or 5 accreditation standards, the State Board of Education may, in its discretion, exempt such school district from the provisions of this section.

In the event any school is designated as a Charter School, the State Board of Education shall exempt such school from the provisions of this section.

SECTION 7. Section 37-19-5, Mississippi Code of 1972, is amended as follows:

37-19-5. (1) The total number of teachers included in the program for each school district shall not be in excess of the number of teachers employed or the number of teacher units allowed, whichever number is smaller. The number of teacher units shall be determined by the State Department of Education for each school district for the current year as follows: For Kindergarten and Grades 1, 2, 3 and 4, one (1) teacher unit shall be allotted for each twenty-four (24) pupils in average daily attendance for the prior school year or for months two (2) and three (3) of the current year, whichever is greater, and for all other grades, one (1) teacher unit shall be allotted for each twenty-seven (27) pupils in average daily attendance for the prior school year or for months two (2) and three (3) of the current year, whichever is greater. A remaining major fraction of a unit shall be counted as a whole unit. It shall be the duty of the State Department of Education to determine that each school district actually has employed in Kindergarten and Grades 1, 2, 3 and 4, a number of teachers which shall not be fewer than the earned units calculated in accordance with this subsection and, to that end, the State Department of Education is empowered to make regulations not inconsistent with this chapter which are reasonably necessary to implement and assure its compliance. No teacher may be included in such number of teachers unless he spends not less than seventy-five percent (75%) of his working time in actual classroom instruction in Kindergarten and Grades 1, 2, 3 and 4, and the State Department of Education shall require the school district to certify, under oath of a person informed of such matters, and authorized by the school district governing authority to do so, that only such teachers have been so included in that number. If a school district employs more teachers than the teacher units allotted, the State Department of Education shall use the teachers of highest training and number of years experience in determining the allotment for salaries. It is the intent of the Legislature that the additional teachers provided herein for Kindergarten and Grades 1, 2, 3 and 4 shall be utilized exclusively in Kindergarten and in those grades, and that such classes shall not exceed a maximum number of twenty-seven (27) students in enrollment at any time during the school term unless exempted under rules and regulations promulgated by the State Board of Education providing for hardship, emergency or other special situations. In addition, the total number of students that may be taught by an individual teacher in core subjects at any time during the school year shall not exceed one hundred fifty (150) unless exempted under the rules and regulations promulgated by the State Board of Education. Any such exemption regarding the maximum number of students per class or per individual teacher shall be certified by the local board of education to the State Department of Education with each monthly average daily attendance report. In the event any school district meets Level 4 or 5 accreditation standards, the State Board of Education may, in its discretion, exempt such school district from the maximum pupil-teacher ratio in Grades 1, 2, 3 and 4 prescribed herein. In the event any school is designated as a Charter School, the State Board of Education shall exempt such school from the maximum pupil-teacher ratio in Grades 1, 2, 3 and 4 prescribed herein.

(2) One-half (1/2) of a teacher unit shall be added to the teacher unit allotment for each school district for each vocational teacher employed full time during the regular school term in a vocational education program approved by the State Department of Education. For each teacher employed in a vocational program less than full time, the additional one-half (1/2) teacher unit shall be prorated by the percentage of time spent in the vocational program. Minimum program funds will be allotted based on the type of certificate and number of years teaching experience held by each approved vocational teacher.

(3) One (1) additional teacher unit shall be added to the teacher unit allotment for each school district for each teacher employed in a State Department of Education approved program for exceptional children as defined in Section 37-23-3, except that only seventy percent (70%) of a teacher unit will be approved for the program for three- and four-year-old exceptional children. Exceptional children as defined in Section 37-23-3 who are under the age of three (3) years shall receive teacher units for each teacher employed in an approved program for those children. However, notwithstanding the calculation of teacher units as defined in subsection (1) above, exceptional children enrolled in a self-contained class, as defined by the State Department of Education, shall not be counted in average daily attendance when determining the regular teacher unit allocation. Minimum program funds will be allotted based on the type of certificate and the number of years teaching experience held by each approved exceptional education teacher.

(4) In addition to the allowances provided above, for each handicapped child who is being educated by a public school district or is placed in accord with Section 37-23-77 and whose individualized educational program (IEP) requires an extended school year in accord with the State Department of Education criteria, a sufficient amount of minimum program funds shall be allocated for the purpose of providing the educational services the student requires. The State Board of Education shall promulgate such regulations as are required to insure the equitable distribution of these funds. All costs for the extended school year for a particular summer shall be reimbursed from minimum program funds appropriated for the fiscal year beginning July 1 of that summer. If sufficient funds are not made available to finance all of the required educational services, the State Department of Education shall expend available funds in such a manner that it does not limit the availability of appropriate education to handicapped students more severely than it does to nonhandicapped students.

(5) The State Department of Education is hereby authorized to match minimum program funds allocated for provision of services to handicapped children with Division of Medicaid funds to provide language-speech services, physical therapy and occupational therapy to handicapped students who meet State Department of Education or Division of Medicaid standards and who are Medicaid eligible. Provided further, that the State Department of Education is authorized to pay such minimum program funds as may be required as a match directly to the Division of Medicaid pursuant to an agreement to be developed between the State Department of Education and the Division of Medicaid.

(6) In the event of an inordinately large number of absentees in any school district as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining teacher units shall be based upon the average daily attendance for the three (3) preceding school years for such school district.

(7) In addition to the allotments provided above, a school district may provide a program of education and instruction to children ages five (5) years through twenty-one (21) years, who are resident citizens of the State of Mississippi, who cannot have their educational needs met in a regular public school program and who have not finished or graduated from high school, if those children are determined by competent medical authorities and psychologists to need placement in a state licensed facility for inpatient treatment, day treatment or residential treatment or a therapeutic group home. Such program shall operate under rules, regulations, policies and standards of school districts as determined by the State Board of Education. If a private school approved by the State Board of Education is operated as an integral part of the state licensed facility that provides for the treatment of such children, the private school within the facility may provide a program of education, instruction and training to such children by requesting the State Department of Education to allocate one (1) teacher unit or a portion of a teacher unit for each approved class. The facility shall be responsible for providing for any additional costs of the program.

Minimum program funds will be allotted based on the type of certificate and number of years' teaching experience held by each approved teacher. Such children shall not be counted in average daily attendance when determining the regular teacher unit allocation.

SECTION 8. Section 37-21-7, Mississippi Code of 1972, is amended as follows:

37-21-7. (1) This section shall be referred to as the "Mississippi Elementary Schools Assistant Teacher Program," the purpose of which shall be to provide an early childhood education program that assists in the instruction of basic skills. The State Board of Education is authorized, empowered and directed to implement a statewide system of assistant teachers in kindergarten classes and in the first, second and third grades. The assistant teacher shall assist pupils in actual instruction under the strict supervision of a certified teacher.

(2)(a) Each school district shall employ the total number of assistant teachers funded under subsection (6) of this section. The superintendent of each district shall assign the assistant teachers to the kindergarten, first-, second- and third-grade classes in the district in a manner that will promote the maximum efficiency, as determined by the superintendent, in the instruction of skills such as verbal and linguistic skills, logical and mathematical skills, and social skills.

(b) If a certified teacher to whom an assistant teacher has been assigned is required to be absent from the classroom, the assistant teacher may assume responsibility for the classroom in lieu of a substitute teacher. However, no assistant teacher shall assume sole responsibility of the classroom for more than three (3) consecutive school days. Further, in no event shall any assistant teacher be assigned to serve as a substitute teacher for any teacher other than the certified teacher to whom that assistant teacher has been assigned.

(3) Assistant teachers shall have, at a minimum, a high school diploma and shall show demonstratable proficiency in reading and writing skills. The State Department of Education shall develop a testing procedure for assistant teacher applicants to be used in all school districts in the state.

(4)(a) In order to receive funding, each school district shall:

(i) Submit a plan on the implementation of a reading improvement program to the State Department of Education; and

(ii) Develop a plan of educational accountability and assessment of performance, including pretests and posttests, for reading in Grades 1 through 6.

(b) Additionally, each school district shall:

(i)  Provide annually a mandatory preservice orientation session, using an existing in-school service day, for administrators and teachers on the effective use of assistant teachers as part of a team in the classroom setting and on the role of assistant teachers, with emphasis on program goals;

(ii) Hold periodic workshops for administrators and teachers on the effective use and supervision of assistant teachers;

(iii) Provide training annually on specific instructional skills for assistant teachers;

(iv) Annually evaluate their program in accordance with their educational accountability and assessment of performance plan; and

(v) Designate the necessary personnel to supervise and report on their program.

(5) The State Department of Education shall:

(a) Develop and assist in the implementation of a statewide uniform training module, subject to the availability of funds specifically appropriated therefor by the Legislature, which shall be used in all school districts for training administrators, teachers and assistant teachers. The module shall provide for the consolidated training of each assistant teacher and teacher to whom the assistant teacher is assigned, working together as a team, and shall require further periodical training for administrators, teachers and assistant teachers regarding the role of assistant teachers;

(b) Annually evaluate the program on the district and state level. Subject to the availability of funds specifically appropriated therefor by the Legislature, the department shall develop: (i) uniform evaluation reports, to be performed by the principal or assistant principal, to collect data for the annual overall program evaluation conducted by the department; or (ii) a program evaluation model that, at a minimum, addresses process evaluation; and

(c) Promulgate rules, regulations and such other standards deemed necessary to effectuate the purposes of this section. Noncompliance with the provisions of this section and any rules, regulations or standards adopted by the department may result in a violation of compulsory accreditation standards as established by the State Board of Education and Commission on School Accreditation.

(6) In addition to other funds allotted under the Minimum Education Program, each school district shall be allotted Seven Thousand Nine Hundred Ninety Dollars ($7,990.00) per teacher unit as prescribed in Section 37-19-5 for Grades 1, 2 and 3 for the purpose of employing an assistant teacher. Assistant teachers shall be paid a minimum annual salary of Seven Thousand Nine Hundred Ninety Dollars ($7,990.00). However, no assistant teacher shall be paid less than the amount he or she received in the prior school year. In the 1995-1996 school year and school years thereafter, no school district shall receive any funds under this section for any school year during which the aggregate amount of the local contribution to the salaries of assistant teachers by the district shall have been reduced below such amount for the previous year. The assistant teachers shall not be restricted to working only in the grades for which the funds were allotted, but may be assigned to other classes as provided in subsection (2)(a) of this section.

(7)(a) As an alternative to employing assistant teachers, the State Board of Education may authorize any school district meeting Level 3, 4 or 5 accreditation requirements to use the minimum program allotment provided under subsection (6) of this section for the purpose of employing certified teachers for kindergarten, first-, second- and third-grade classes; however, no school district shall be authorized to use the minimum program allotment for assistant teachers for the purpose of employing certified teachers unless the district has established that the employment of certified teachers using such funds will reduce the teacher:student ratio in the kindergarten, first-, second- and third-grade classes. All minimum program funds for assistant teachers shall be applied to reducing teacher:student ratio in Grades K-3.

It is the intent of the Legislature that no school district shall dismiss any assistant teacher for the purpose of using the minimum program assistant teacher allotment to employ certified teachers. School districts may rely only upon normal attrition to reduce the number of assistant teachers employed in that district.

(b) In the event any school district meets Level 4 or 5 accreditation requirements, the State Board of Education, in its discretion, may exempt such school district from any accreditation requirements for the district's early childhood education program or reading improvement program. In the event any school is designated as a Charter School, the State Board of Education shall exempt any such school from any accreditation requirements for the school early childhood education program or reading improvement program.

SECTION 9. This act shall take effect and be in force from and after July 1, 1997.