MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Senator(s) Ferris, Jackson, Harden

AN ACT TO AMEND SECTION 37-3-2, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE LICENSURE OF EDUCATORS AND ADMINISTRATORS BY THE STATE DEPARTMENT OF EDUCATION, TO PRESCRIBE THE DUTIES AND RESPONSIBILITIES AND REVISE THE NAME OF THE COMMISSION ON TEACHER AND ADMINISTRATOR EDUCATION, LICENSURE AND DEVELOPMENT, TO PROVIDE EDUCATIONAL AND TESTING REQUIREMENTS FOR APPLICANTS FOR A STANDARD LICENSE-APPROVED PROGRAM ROUTE AND RENEWAL THEREOF, TO PROVIDE EDUCATIONAL AND TESTING REQUIREMENTS FOR APPLICANTS FOR STANDARD LICENSE-ALTERNATE TEACHING ROUTE, SPECIAL LICENSE-NONRENEWABLE AND SPECIAL LICENSE-EXPERT CITIZEN AND RENEWAL THEREOF, TO DELETE THE REQUIREMENT FOR A PROVISIONAL YEAR FOR TEACHERS AND ADMINISTRATORS, TO PROVIDE FOR NONLICENSED TEACHING PERSONNEL, TO AUTHORIZE REQUIREMENTS FOR APPLICANTS FOR ADMINISTRATOR'S LICENSE-NONPRACTICING, ADMINISTRATOR'S LICENSE-ENTRY LEVEL, STANDARD ADMINISTRATOR LICENSE-CAREER LEVEL, ADMINISTRATOR LICENSE-ALTERNATE ROUTE, TO PROVIDE FOR RECIPROCITY OF LICENSES, TO PROVIDE FOR RENEWAL AND REINSTATEMENT OF LICENSES, TO CLARIFY THE APPLICATION AND LICENSURE REVOCATION PROCESS FOR EDUCATORS AND ADMINISTRATORS, AND TO CLARIFY THE APPEALS PROCEDURE FOR A DECISION OF THE COMMISSION REGARDING THE ISSUANCE, SUSPENSION OR REVOCATION OF A LICENSE; TO AMEND SECTIONS 37-9-1, 37-9-7, 37-9-9, 37-9-11, 37-9-13, 37-9-17, 37-9-21, 37-9-23, 37-9-24, 37-9-25, 37-9-33, 37-9-37, 37-9-39, 37-9-41, 37-9-43, 37-9-49, 37-9-55, 37-9-57, 37-9-59, 37-9-103, 37-9-201, 37-19-1, 37-19-7 AND 37-19-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 37-9-8, MISSISSIPPI CODE OF 1972, WHICH PROVIDES CERTAIN ACADEMIC REQUIREMENTS FOR TEACHER EDUCATION PROGRAMS, SECTION 37-19-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE GRANTING OF EMERGENCY TEACHER CERTIFICATES BY THE STATE BOARD OF EDUCATION, AND SECTION 37-19-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE EXAMINATION OF APPLICANTS FOR TEACHING POSITIONS; AND FOR RELATED PURPOSES. 

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

SECTION 1. 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, Licensure 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 licensure 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 * * *. 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 educator preparation programs in the state;

(b) Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state;

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

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

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

(f) Review all existing requirements for licensure;

(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 licensure;

(i) Hold hearings concerning standards for teachers' and administrators' education and licensure 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)(a) Standard License - Approved Program Route. An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. During the first year of teaching duty, the local school district shall evaluate the performance of each teacher and administrator using assessment procedures and instruments prescribed by the State Board of Education. Applicants for a standard license shall submit to the department:

(i) An application on a department form;

(ii) An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi kindergarten through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person's college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC).

(iii) A copy of test scores evidencing satisfactory completion of a nationally normed examination of achievement specified by the commission and approved by the State Board of Education; and

(iv) Any other document required by the State Board of Education.

(b) Standard License-Alternate Teaching Route. Applicants for a standard license-alternate teaching route shall submit to the department:

(i) An application on a department form;

(ii) An official transcript evidencing a bachelors degree from an accredited institution of higher learning;

(iii) A copy of test scores evidencing satisfactory completion of an examination of achievement specified by the commission and approved by the State Board of Education;

(iv) An official transcript evidencing appropriate credit hours or a copy of test scores evidencing successful completion of tests as required by the State Board of Education; and

(v) Any other document required by the State Board of Education.

A Standard License-Approved Program Route and a Standard License-Alternate Teaching Route shall be issued for a five-year period, and may be renewed.

(c) Special License-Expert Citizen. In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state * * *. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. * * * The board shall adopt rules and regulations to administer the expert citizen-teacher license. A special license-expert citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.

(d) Special License - Non-Renewable. The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in subsection (6)(a), (b) or (c), including but not limited to alternate route, vocational, reciprocal and/or emergency licensure to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.

(e) Non-Licensed Teaching Personnel. A non-licensed person may teach for a maximum of three (3) periods per teaching day in a public school or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. * * * In no case shall any local school board hire non-licensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school. * * *

(f) 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 non-licensed teaching personnel.

(7) Administrator License. The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.

(a) Administrator License - Non-practicing. Those educators holding administrative endorsement but have no administrative experience or not serving in an administrative position on January 15, 1997.

(b) Administrator License - Entry Level. Those educators holding administrative endorsement and having met the department's qualifications to be eligible for employment in a Mississippi school district. Administrator license - entry level shall be issued for a five-year period and shall be non-renewable.

(c) Standard Administrator License - Career Level. An administrator who has met all the requirements of the department for standard administrator licensure.

(d) Administrator License-Alternate Route. The board may establish an alternate route for licensing administrative personnel. Such alternate route for administrative licensure shall be available for persons holding, but not limited to, a masters of business administration degree, a masters of public administration degree or a masters of public planning and policy degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.

(8) Reciprocity.

(a) The department shall grant a standard license to any individual who possesses a valid standard license from another state and has a minimum of five (5) years of full-time teaching or administrator experience.

(b) The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state, or who possesses a standard license from another state but has less than five (5) years of full-time teaching or administration experience. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.

(9) Renewal and Reinstatement of Licenses. The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. The department may include, but is not limited to, required credit hour coursework from an accredited college or university and/or continuing education units in the content or job skill-related area.

(10) All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license 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 license shall be by sworn affidavit filed with the Commission of Teacher and Administrator Education, Licensure and Development. The decision thereon by the commission or its subcommittee shall be final, unless the aggrieved party shall appeal to the State Board of Education, * * * within ten (10) days, of the decision of the committee or its subcommittee. An appeal to the State Board of Education shall be on the record previously made before the commission or its subcommittee unless otherwise provided by rules and regulations adopted by the board. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the committee or its subcommittee. The decision of the State Board of Education shall be final.

(11) The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license 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 license, 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 license;

(d) Revocation of a certificate or license by another state;

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

(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.

(12) The State Board of Education, acting on the recommendation of the commission, may revoke or suspend any teacher or administrator license 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 license for one (1) school year as provided in Section 37-9-57, Mississippi Code of 1972;

(b) Obtaining a license 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 or license by another state * * * 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.

(13)(a) Dismissal or suspension of a licensed 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 license 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 license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may be reinstated by a unanimous vote of all members of the commission.

(14) A person whose license has been suspended on any grounds except criminal grounds may petition for reinstatement of the license 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 license suspended on the criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction * * *. A revoked license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition 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 petitioner's rehabilitation and fitness to perform the duties authorized by the license.

(15) 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 license 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. The State Board of Education may reverse or remand with instructions any decision of the commission regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.

(16) An appeal from the action of the State Board of Education in denying an application, revoking or suspending a license 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 license holder shall pay the costs of the appeal and the action of the chancery court.

(17) 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. (18) The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege * * * 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.

(19) 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 2. Section 37-9-1, Mississippi Code of 1972, is amended as follows:

37-9-1. For the purposes of this chapter, the terms "superintendent" and "principal" shall have such meaning as are ascribed to them under the provisions of Section 37-19-1. The term "licensed employee" shall mean any other employee of a public school district required to hold a valid license by the Commission on Teacher and Administrator Education, Licensure and Development. The term "non-instructional employee" shall include all employees of school districts other than superintendents, principals and licensed employees.

SECTION 3. Section 37-9-7, Mississippi Code of 1972, is amended as follows:

37-9-7. It shall be unlawful for any superintendent, principal or teacher to be employed or contracted with to teach or serve in any of the public schools of this state who does not hold a proper license which is valid at the time of such employment or execution of such contract. If the license held by any superintendent, principal or teacher should expire during the life of any such contract and shall not be renewed, then such contract shall be null and void upon the expiration of such license which is not so renewed.

SECTION 4. Section 37-9-9, Mississippi Code of 1972, is amended as follows:

37-9-9.

 * * * No teacher shall experience a reduction in salary for the purpose of serving the special teaching needs of their public school district. All teachers teaching in areas of need as requested by their school district shall receive a salary in an amount commensurate with their highest level of licensure.

SECTION 5. Section 37-9-11, Mississippi Code of 1972, is amended as follows:

37-9-11. The State Board of Education is authorized and directed to require tests * * * or an examination of achievement as one of the requirements for the issuance of public school professional licenses issued after July 1, 1997, to any person applying for the first time for a professional license.

Scores on said test or tests shall be made a part of the record of the applicant and maintained in the files of the Office of Teacher Licensure Division of the State Department of Education.

The State Board of Education is further authorized at its discretion to make determinations of minimum scores required of a person applying for the first time for a professional license.

The State Board of Education shall, at its discretion, determine conditions that would prevail should a person desire to take said test or tests more than once.

SECTION 6. Section 37-9-13, Mississippi Code of 1972, is amended as follows:

37-9-13. * * * Each school district shall have a superintendent of schools, selected in the manner provided by law. No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid * * * administrator's license issued by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience.

SECTION 7. Section 37-9-17, Mississippi Code of 1972, is amended as follows:

37-9-17. On or before April 1 of each year, the principal of each school or such other person designated or authorized by the school board shall recommend to the superintendent of the school district or such other person designated or authorized by the school board, the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent or the board's designee, the superintendent or the board's designee shall recommend the employment of such licensed employees or noninstructional employees to the school board, and, unless good reason to the contrary exists, the board shall elect the licensed employees or noninstructional employees so recommended. If, for any reason, the school board shall decline to elect any licensed employee or noninstructional employee so recommended, additional recommendations for the places to be filled shall be made by the principal or such other person designated or authorized by the school board, to the superintendent and then by the superintendent to the school board as provided above. The school board of any school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend for a principal to the superintendent licensed employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the school district. The school board of any school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees and to transmit approved recommendations to the board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the school district.

When the licensed employees in a school district have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such licensed employees in the manner provided in this chapter.

If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from minimum education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.

SECTION 8. Section 37-9-21, Mississippi Code of 1972, is amended as follows:

37-9-21. It shall be illegal for any superintendent, administrative superintendent, principal or other licensed employee to be elected by the school board if such superintendent, administrative superintendent, principal or licensed employee is related within the third degree by blood or marriage according to the common law to a majority of the members of the school board. No member of the school board shall vote for any person as a superintendent, administrative superintendent, principal or licensed employee who is related to him within the third degree by blood or marriage or who is dependent upon him in a financial way. Any contract entered into in violation of the provisions of this section shall be null and void.

SECTION 9. Section 37-9-23, Mississippi Code of 1972, is amended as follows:

37-9-23. The superintendent shall enter into a contract with each assistant superintendent, principal and licensed employee elected and approved for employment by the school board. Such contracts shall be in such form as shall be prescribed by the State Board of Education and shall be executed in duplicate with one (1) copy to be retained by the appropriate superintendent and one (1) copy to be retained by the principal or licensed employee contracted with. The contract shall show the name of the district, the length of the school term, the position held, whether an assistant superintendent, principal or licensed employee, the scholastic years which it covers, the total amount of the annual salary and how same is payable. The amount of salary to be shown in such contract shall be the amount which shall have been fixed and determined by the school board, but, as to the licensed employees paid in whole or in part with minimum education program funds, such salary shall not be less than that required under the provisions of Chapter 19 of this title. If any superintendent, other than those elected, principal or licensed employee who has been elected and approved shall not execute and return the contract within ten (10) days after same has been tendered to him for execution, then, at the option of the school board, the election of the licensed employee and the contract tendered to him shall be void and of no effect.

SECTION 10. Section 37-9-24, Mississippi Code of 1972, is amended as follows:

37-9-24. (1) Except as otherwise provided in this section, no school district shall contract with any licensed personnel for a number of employment days which shall be less than one hundred eighty-five (185).

Beginning with the 1994-1995 school year, no school district shall contract with any licensed personnel for less than one hundred eighty-seven (187) employment days.

(2) Licensed personnel may be employed for less than a full school year if the contract states the exact period of time for which the licensed person is to be employed.

SECTION 11. Section 37-9-25, Mississippi Code of 1972, is amended as follows:

37-9-25. The school board shall have the power and authority, in its discretion, to employ the superintendent, unless such superintendent is elected, for not exceeding four (4) scholastic years and the principals or licensed employees for not exceeding three (3) scholastic years. In such case, contracts shall be entered into with such superintendents, principals and licensed employees for the number of years for which they have been employed. All such contracts with licensed employees shall for the years after the first year thereof be subject to the contingency that the licensed employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of licensed employees during any year after the first year of the contract. However, in all such cases the licensed employee must be released before July 1 or at least thirty (30) days prior to the beginning of the school term, whichever date should occur earlier. The salary to be paid for the years after the first year of such contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such contract. However, where school district funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year the salary to be paid for such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.

SECTION 12. Section 37-9-33, Mississippi Code of 1972, is amended as follows:

37-9-33. In employing and contracting with appointed superintendents, principals and licensed employees, the school board shall in all cases determine whether the amount of salary to be paid such superintendent, principals and licensed employees is in compliance with the provisions of Chapter 19 of this title. No contract shall be entered into where the salary of a superintendent, principal or licensed employee is to be paid in whole or in part from minimum education program funds except where the requirements of said chapter as to the amount of such salary are fully met. Nothing herein shall be construed, however, to prohibit any school district from increasing the salaries of appointed superintendents, principals and licensed employees above the amounts fixed by said chapter, provided that the amount of such increase is paid from funds available to such district other than minimum program funds.

SECTION 13. Section 37-9-37, Mississippi Code of 1972, is amended as follows:

37-9-37. The amount of the salary to be paid any superintendent, principal or licensed employee shall be fixed by the school board, provided that the requirements of Chapter 19 of this title are met as to superintendents, principals and licensed employees paid in whole or in part from minimum education program funds. In employing such superintendents, principals and licensed employees and in fixing their salaries, the school boards shall take into consideration the character, professional training, experience, executive ability and teaching capacity of the licensed employee, superintendent or principal. It is the intent of the Legislature that whenever the salary of the school district superintendent is set by a school board, the board shall take into consideration the amount of money that the district spends per pupil, and shall attempt to insure that the administrative cost of the district and the amount of the salary of the superintendent are not excessive in comparison to the per pupil expenditure of the district.

SECTION 14. Section 37-9-39, Mississippi Code of 1972, is amended as follows:

37-9-39. The annual salaries so fixed shall be made payable in equal monthly or, within the discretion of the school board, in equal semimonthly installments for the number of scholastic months for which the school is to be operated. However, the superintendent of schools, at the request of the principal or licensed employee being contracted with, or at the request of the noninstructional employee, shall make such salary payable in equal monthly or semimonthly installments for a period of months in excess of the number of months for which the school is to be operated, but not exceeding twelve (12) months. If the contract is based on the number of scholastic months for which the school is operated, the monthly payments shall be made on the last regular school day of each calendar month or semimonthly payments shall be made on the 15th of the month or last working day prior to the 15th except for the month of December; provided, however, that the last monthly payment may, at the discretion of the school board, be made on the last day of the scholastic term when such principal, licensed or noninstructional employee has completed his or her assigned responsibilities. If the contract is based on a period of months in excess of the number of months for which the school is to be operated, the first such payment shall be made on the last regular school day of the calendar month in which the school opens and the remaining payments shall be made on the last regular school day of each calendar month thereafter for the number of months provided by the contract; provided, however, if the last scholastic month ends during the calendar month or in months when school is not in session, payments shall be made on what would have been the last regular school day of the month if school were in session. An appointed superintendent, principal, licensed or noninstructional employee who completes the entire scholastic year shall be entitled to payment for the full number of monthly payments provided by the contract without regard to his activity at the time when his services are not required by the school. If an appointed superintendent, principal, licensed or noninstructional employee is released during the school term by agreement between the school board and such superintendent, principal, licensed or noninstructional employee, then such superintendent, principal, licensed or noninstructional employee shall be entitled to such proportion of the annual salary as the time which he shall have taught shall bear to the total school term, and any balance which may be due him shall be paid at such time as the board may determine, but not later than the close of the then current scholastic year. Provided further, that upon written request when entering into an employment contract, a superintendent, principal, teacher or any licensed or noninstructional personnel may, within the discretion of the school board, be paid twice a month on the 15th of the month or the last working day prior to the 15th and on the last regular school day of each month except for the month of December.

SECTION 15. Section 37-9-41, Mississippi Code of 1972, is amended as follows:

37-9-41. The salaries of superintendents, administrative superintendents, principals and licensed employees shall be paid by pay certificates issued by the school district superintendent or the administrative superintendent. Such pay certificates may be issued without additional authorization of the school board where the amount of salary has been fixed and a contract entered into as is provided in this chapter. All pay certificates shall be preserved by him as a part of the official records of his office for the same time and in the same manner as other records are preserved. Except as is herein provided, the said warrants shall be governed in all respects by the same laws regulating the issuance of other warrants for other purposes. All pay certificates and warrants issued shall show the gross amount of the salary and all authorized deductions therefrom for income taxes, Social Security, retirement contributions and other lawful purposes.

SECTION 16. Section 37-9-43, Mississippi Code of 1972, is amended as follows:

37-9-43. It shall be unlawful for any appointed superintendent, principal or licensed employee to be paid for any services as such until a written contract has been executed as is provided and required by this chapter. If any school district superintendent or administrative superintendent shall make any such payment prior to the execution of the contract he shall be civilly liable for the amount thereof, and, in addition, shall be liable upon his bond. If any licensed employee, appointed superintendent or principal shall willfully and without just cause breach his contract and abandon his employment he shall not be entitled to any further salary payments either for services rendered prior to such breach or for services which were thereafter to have been rendered. Nothing in this section, however, shall prevent the employment and payment of substitute teachers without a written contract.

SECTION 17. Section 37-9-49, Mississippi Code of 1972, is amended as follows:

37-9-49. It shall be unlawful for the superintendent of schools or administrative superintendent to deduct or permit to be deducted from the salary of any superintendent, administrative superintendent, principal or licensed employee any dues, fines or penalties payable or alleged to be payable because of the membership of such superintendent, administrative superintendent, principal or licensed employee in any organization or association. However, dues or premiums in health associations or corporations and tax sheltered annuity deductions authorized by the United States Internal Revenue Code may be deducted upon written authorization from the superintendent, administrative superintendent, principal or licensed employee involved. Any superintendent of schools or administrative superintendent who shall make any such deduction or permit any such deduction to be made, except those herein provided, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Twenty-five Dollars ($25.00) for each such deduction.

SECTION 18. Section 37-9-55, Mississippi Code of 1972, is amended as follows:

37-9-55. Any appointed superintendent, principal or licensed employee in any public school who is under contract to teach or perform other duties and who desires to be released from such contract shall make application in writing to the school board of the school district for release therefrom, in which application the reasons for such release shall be clearly stated. If the board acts favorably upon such application for release, such superintendent, principal or licensed employee shall be released from his contract, and said contract shall be null and void on the date specified in the school board's order.

SECTION 19. Section 37-9-57, Mississippi Code of 1972, is amended as follows:

37-9-57. If any appointed superintendent, principal or licensed employee in any public school of this state shall arbitrarily or willfully breach his or her contract and abandon his or her employment without being released therefrom as provided in Section 37-9-55, the contract of such superintendent, principal or licensed employee shall be null and void. In addition thereto the license * * * of such superintendent, principal or licensed employee may be suspended by the State Board of Education for a period of one (1) school year as provided in Section 37-3-2(8) upon written recommendation of the majority of the members of the school board of the school district involved.

SECTION 20. Section 37-9-59, Mississippi Code of 1972, is amended as follows:

37-9-59. For incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil or other good cause the superintendent of schools may dismiss or suspend any licensed employee in any school district. Before being so dismissed or suspended any licensed employee shall be notified of the charges against him and he shall be advised that he is entitled to a public hearing upon said charges. In the event the continued presence of said employee on school premises poses a potential threat or danger to the health, safety or general welfare of the students, or, in the discretion of the superintendent, may interfere with or cause a disruption of normal school operations, the superintendent may immediately release said employee of all duties pending a hearing if one is requested by the employee. In the event a licensed employee is arrested, indicted or otherwise charged with a felony by a recognized law enforcement official, the continued presence of the licensed employee on school premises shall be deemed to constitute a disruption of normal school operations. The school board, upon a request for a hearing by the person so suspended or removed shall set a date, time and place for such hearing which shall be not sooner than five (5) days nor later than thirty (30) days from the date of the request. The procedure for such hearing shall be as prescribed for hearings before the board or hearing officer in Section 37-9-111. From the decision made at said hearing, any licensed employee shall be allowed an appeal to the chancery court in the same manner as appeals are authorized in Section 37-9-113. Any party aggrieved by action of the chancery court may appeal to the Mississippi Supreme Court as provided by law. In the event that a licensed employee is immediately relieved of duties pending a hearing, as provided in this section, said employee shall be entitled to compensation for a period up to and including the date that the initial hearing is set by the school board, in the event that there is a request for such a hearing by the employee. In the event that an employee does not request a hearing within five (5) calendar days of the date of the notice of discharge or suspension, it shall constitute a waiver of all rights by said employee and such discharge or suspension shall be effective on the date set out in the notice to the employee.

The school board of every school district in this state is hereby prohibited from denying employment or reemployment to any person as a superintendent, principal or licensed employee, as defined in Section 37-19-1, or as a non-instructional personnel, as defined in Section 37-9-1, for the single reason that any eligible child of such person does not attend the school system in which such superintendent, principal, licensed employee or non-instructional personnel is employed.

SECTION 21. Section 37-9-103, Mississippi Code of 1972, is amended as follows:

37-9-103. As used in Sections 37-9-101 through 37-9-113 the word "employee" shall include any teacher, principal, superintendent elected by a board of trustees and other professional personnel employed by any public school district of this state and required to have a valid license issued by the State Department of Education as a prerequisite of employment.

SECTION 22. Section 37-9-201, Mississippi Code of 1972, is amended as follows:

37-9-201. As used in Sections 37-9-201 through 37-9-213:

(a) "Beginning teacher" means a teacher who:

(i) Possesses a * * * teaching license issued by the Commission on Teacher and Administrator Education, Licensure and Development;

(ii) Is employed at least half time, primarily as a classroom teacher, by a school district; and

(iii) Has taught fewer than ninety (90) consecutive days, or one hundred eighty (180) days total, as a licensed teacher in any public school.

(b) "District" means any local school district.

(c) "Formal assistance" means a program provided by a mentor teacher to a beginning teacher that includes, but is not limited to, direct classroom observation and consultation; assistance in instructional planning and preparation; support in implementation and delivery of classroom instruction; and other assistance intended to enhance the professional performance and development of the beginning teacher.

(d) "Mentor teacher" means a teacher who:

(i) Possesses a standard teaching personnel service or administrative license issued by the Commission on Teacher and Administrator Education, Licensure and Development;

(ii) Is employed at the time of selection under contract primarily as a classroom teacher by a school district in this state;

(iii) Has successfully taught for three (3) or more years as a licensed teacher in any public school;

(iv) Has been selected and trained as described in Section 37-9-211; and

(v) Has demonstrated mastery of teaching skills and subject matter knowledge.

(e) "Teacher" means a licensed employee of a local school district who has direct responsibility for instruction, coordination of educational programs or supervision of teachers and who is compensated for services from public funds.

SECTION 23. Section 37-19-1, Mississippi Code of 1972, is amended as follows:

37-19-1. As used in this chapter:

(a) The term "minimum education program" shall mean the program of education made possible by the financing plan provided for in this chapter;

(b) The term "teacher" shall include any employee of a school board of a school district who is required by law to obtain a teacher's license from the State Board of Education and who is assigned to an instructional area of work as defined by the State Department of Education the equivalent of a minimum of three (3) normal periods per school day * * *;

(c) The term "principal" shall mean the head of an attendance center or division thereof;

(d) The term "superintendent" shall mean the head of a school district, or the administrative superintendent as defined in Section 37-6-3(4), as the case may be;

(e) The term "teacher unit" means one (1) teacher unit for each twenty-four (24) pupils in average daily attendance in kindergarten and in Grades 1, 2, 3 and 4 and one (1) teacher unit for each twenty-seven (27) pupils in average daily attendance in all other grades;

(f) The term "cost of the minimum program" shall mean the calculated allowance as fixed by law or by regulations of the State Board of Education for teachers' salaries, administrative expense, transportation, the employer's part of the public employees' retirement and Social Security, and "supportive services" as defined elsewhere in this chapter;

(g) The term "school district" shall, for purposes of this chapter, be construed to include any type of school district in the State of Mississippi;

(h) "Minimum school term" shall mean a term of at least one hundred eighty (180) days of school in which both teachers and pupils are in regular attendance for scheduled classroom instruction for not less than sixty percent (60%) of the normal school day. It is the intent of the Legislature that any tax levies generated to produce additional local funds required by any school district to operate school terms in excess of one hundred seventy-five (175) days shall not be construed to constitute a new program for the purposes of exemption from the limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs mandated by the Legislature;

(i) The term "transportation density" shall mean the number of transported children in average daily attendance per square mile of area served in a county or a separate school district, as determined by the State Department of Education;

(j) The term "transported children" shall mean children being transported to school who live within legal limits for transportation and who are otherwise qualified for being transported to school at public expense as fixed by Mississippi state law;

(k) The term "year of teaching experience" shall mean nine (9) months of actual teaching in the public or private schools of this or some other state. In no case shall more than one (1) year of teaching experience be given for all services in one (1) calendar or school year. In determining a teacher's experience, no deduction shall be made because of the temporary absence of the teacher because of illness or other good cause, and the teacher shall be given credit therefor. The State Board of Education shall fix a number of days, not to exceed twenty-five (25) consecutive school days, during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term. If a full-time school administrator returns to actual teaching in the public schools, the term "year of teaching experience" shall include the period of time he or she served as a school administrator;

(l) The term "average daily attendance" shall be the figure which results when the total aggregate attendance during the period or months counted is divided by the number of days during the period or months counted upon which both teachers and pupils are in regular attendance for scheduled classroom instruction;

(m) The term "local supplement" shall mean the amount paid to an individual teacher over and above the minimum foundation program salary schedule for regular teaching duties;

(n) The term "aggregate amount of support from ad valorem taxation" shall mean the amounts produced by the district's total tax levies for operations;

(o) The term "minimum program funds" shall mean all funds, both state and local, constituting the requirements for meeting the cost of the minimum program as provided for in this chapter.

SECTION 24. Section 37-19-7, Mississippi Code of 1972, is amended as follows:

37-19-7. (1) The allowance in the minimum education program for teachers' salaries in each county and separate school district shall be determined and paid in accordance with the scale for teachers' salaries as provided in this subsection for the number of teachers employed not in excess of the number of teacher units allotted. For teachers holding the following types of licenses or the equivalent as determined by the State Board of Education, the scale shall be as follows:

1995-1996 School Year

and School Years Thereafter

AAAA. . . . . $22,900.00

AAA. . . . . 22,050.00

AA. . . . . . 21,200.00

A. . . . . . . 20,150.00

It is the intent of the Legislature that any state funds made available for salaries of licensed personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to licensed personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system. * * *

All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.

For teachers holding a Class AAAA license, the minimum base pay specified in this subsection shall be increased by the sum of Five Hundred Eighty Dollars ($580.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-two (22) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in this subsection shall be increased by the sum of Five Hundred Thirty Dollars ($530.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-two (22) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in this subsection shall be increased by the sum of Four Hundred Seventy-five Dollars ($475.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-two (22) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in this subsection shall be increased by the sum of Three Hundred Ninety-five Dollars ($395.00) for each year of teaching experience possessed by the person holding such license until such person shall have eighteen (18) years of teaching experience.

The level of professional training of each teacher to be used in establishing the salary allotment for the teachers for each year shall be determined by the type of valid teacher's license issued to those teachers on or before October 1 of the current school year.

(2) From and after the 1995-1996 school year and beginning with the next school year following the school year in which a teacher meets the standard requirements, any licensed teacher who shall have met the requirements and acquired a Master Teacher certificate from the National Board of Professional Teaching Standards and who is employed by a local school board as a teacher and not as an administrator shall receive a Three Thousand Dollar ($3,000.00) salary supplement in addition to any other compensation to which the teacher may be entitled, and shall be reimbursed for the actual cost of the process of acquiring the Master Teacher certificate; however, if a teacher has attempted to acquire a Master Teacher certificate, only the actual cost of the process that resulted in the award of the Master Teacher certificate may be reimbursed. All such salary supplements and process reimbursement shall be paid directly by the State Department of Education to the local school district and shall be in addition to its minimum education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education. Local school districts shall not reduce the local supplement paid to any teacher receiving such salary supplement, and the teacher shall receive any local supplement to which teachers with similar training and experience are otherwise entitled.

SECTION 25. Section 37-19-17, Mississippi Code of 1972, is amended as follows:

37-19-17. The total allowance made by the State Board of Education in the minimum education program for teachers' salaries for each type of license in any school district shall not be in excess of the total amount determined by the scale for teachers holding each type of license as provided in this chapter or the amount actually paid to such teachers with such type of licenses, whichever amount is smaller. However, the school boards of all school districts may establish salary schedules based on training, experience and other such factors as may be incorporated therein, including student progress and performance as developed by the State Board of Education, paying teachers greater amounts than the scale provided herein, but no teacher may be paid less than the amount allotted for such teacher based upon the scale of pay provided in this chapter, and all supplements paid from local funds shall be based upon the salary schedules so established. The school boards may call upon the State Department of Education for aid and assistance in formulating and establishing such salary schedules, and it shall be the duty of the State Department of Education, when so called upon, to render such aid and assistance.

The amount allotted for teachers' salaries by the State Board of Education and the amount actually paid to each teacher shall be based upon and determined by the type of license held by such teacher.

SECTION 26. Section 37-9-8, Mississippi Code of 1972, which provides certain academic requirements for teacher education programs, is hereby repealed.

SECTION 27. Section 37-19-9, Mississippi Code of 1972, which provides for the granting of emergency teacher certificates by the State Board of Education, is hereby repealed.

SECTION 28. Section 37-19-13, Mississippi Code of 1972, which provides for the examination of applicants for teaching positions, is hereby repealed.

SECTION 29. This act shall take effect and be in force from and after its passage.