MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Senator(s) Hall, Burton, Hawks, Moffatt, White (29th), Nunnelee, Minor, Canon, Dickerson, Robertson, Stogner, Carter

Senate Bill 2741

AN ACT TO AUTHORIZE THE STATE BOARD OF EDUCATION OR THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO GRANT CHARTER STATUS TO CERTAIN LOCAL PUBLIC SCHOOLS ON A PILOT PROGRAM BASIS; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO PRESCRIBE THE CONTENTS THAT MUST BE INCLUDED IN LOCAL SCHOOLS' PETITIONS REQUESTING CHARTER SCHOOL STATUS; TO REQUIRE THE STATE BOARD OF EDUCATION AND THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO PROMULGATE RULES AND REGULATIONS CONCERNING THE SUBMISSION OF PETITIONS AND THE OPERATION OF CHARTER SCHOOLS; TO LIMIT THE INITIAL MAXIMUM NUMBER OF CHARTER SCHOOLS TO TEN; TO PRESCRIBE CERTAIN PROVISIONS THAT THE STATE BOARD OF EDUCATION OR THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING MUST INCLUDE IN THE TERMS OF EACH CHARTER; TO REQUIRE LOCAL SCHOOLS TO SUBMIT PETITIONS FOR CHARTER SCHOOL STATUS TO THE LOCAL SCHOOL BOARD; TO PROVIDE THAT THE INITIAL CHARTERS SHALL BE FOR A TERM OF FIVE YEARS AND TO AUTHORIZE RENEWAL OF THE CHARTERS; TO AUTHORIZE CHARTER SCHOOLS TO ACCEPT FUNDS FROM PUBLIC AND PRIVATE SOURCES; TO PROVIDE THAT CHARTER SCHOOL EMPLOYEES SHALL BE STATE EMPLOYEES; TO REQUIRE THE STATE BOARD OF EDUCATION AND THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO ANNUALLY REPORT TO THE LEGISLATURE ON THE CHARTER SCHOOL PROGRAM; TO AMEND SECTION 25-9-107, MISSISSIPPI CODE OF 1972, TO INCLUDE CHARTER SCHOOL EMPLOYEES IN THE NONSTATE SERVICE; AND FOR RELATED PURPOSES. 

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

SECTION 1. It is the intent of the Legislature that this act provide a means whereby local public schools may choose to substitute a binding academic or vocational, or both, performance based contract approved by the State Board of Education and the school board of the school district in which the school is located, called a "charter," for rules, regulations, policies and procedures of the State Board of Education and the local school district and, except as otherwise provided, the provisions of Title 37 of the Mississippi Code of 1972 which are applicable to schools and school districts and their employees and students.

SECTION 2. For purposes of this act, the following words and phrases shall have the meanings respectively ascribed in this section unless the context clearly indicates otherwise:

(a) "Charter" means an academic or vocational, or both, performance based contract between the State Board of Education, the school board of the local school district, and a local school which exempts the school from rules, regulations, policies and procedures of the State Board of Education and the local school district and, except as otherwise provided, the provisions of Title 37 of the Mississippi Code of 1972 which are applicable to schools and school districts and their employees and students.

(b) "Charter school" means a school that is operating under the terms of a charter granted by the State Board of Education.

(c) "Local school" means a public school in Mississippi which is under the management and control of the school board of the school district in which the school is located.

(d) "Petition" means a proposal to enter into an academic or vocational, or both, performance based contract between the State Board of Education or the Board of Trustees of State Institutions of Higher Learning and a local school whereby the local school obtains charter school status.

SECTION 3. Any local school may submit a petition to the State Board of Education or the Board of Trustees of State Institutions of Higher Learning requesting charter school status. The petition must:

(a) Be approved by the school board of the school district in which the school is located;

(b) Be agreed to freely by a majority of the faculty and instructional staff members, by secret ballot, at the school initiating the petition;

(c) Be agreed to by a majority of the parents of students enrolled in the school who are present at a meeting called for the specific purpose of deciding whether or not to initiate the petition;

(d) Describe a plan for school improvement that addresses how the school proposes to work toward improving student learning and meeting the America 2000 national goals and state education goals;

(e) Outline proposed academic or vocational, or both, performance criteria that will be used during the initial period of the charter to measure progress of the school in improving student learning and in meeting the America 2000 national goals and state education goals;

(f) Describe how the faculty, instructional staff and parents of students enrolled in the school have been involved in developing the petition and will be involved in developing and implementing the improvement plan and identifying academic or vocational, or both, performance criteria; and

(g) Describe how the concerns of faculty, instructional staff and parents of students enrolled in the school will be solicited and addressed in evaluating the effectiveness of the improvement plan.

SECTION 4. (1) The State Board of Education in cooperation with the Board of Trustees of State Institutions of Higher Learning shall establish rules and regulations for the submission of petitions for charter school status and criteria and procedures for the operation of charter schools. The board(s) shall receive and review petitions for charter school status from local public schools and may approve petitions and grant charter school status, on a pilot program basis, to up to ten (10) local schools throughout the state. In order to be approved, a petition for charter school status, in the opinion of the State Board of Education or the Board of Trustees of State Institutions of Higher Learning, must adequately include:

(a) A plan for improvement at the school level for improving student learning and for meeting the national and state education goals;

(b) A set of academic or vocational, or both, performance based objectives and student achievement based objectives for the term of the charter and the means for measuring those objectives on no less than an annual basis;

(c) An agreement to provide a yearly report to parents, the community, the school board of the school district in which the charter school is located, and the State Board of Education which indicates the progress made by the charter school in the previous year in meeting the academic or vocational, or both, performance objectives; and

(d) A proposal to directly and substantially involve the parents of students enrolled in the school as well as the faculty, instructional staff and the broader community in the process of modifying the petition, if necessary for approval, and carrying out the terms of the charter.

(2) The State Board of Education or the Board of Trustees of State Institutions of Higher Learning may allow local schools to resubmit petitions for charter school status if the original petition, in the opinion of the board, is deficient in one or more respects. The State Department of Education may provide technical assistance to the faculty and instructional staff of local schools in the creation or modification of the petitions.

SECTION 5. The State Board of Education or the Board of Trustees of State Institutions of Higher Learning shall include in the terms of each charter the following:

(a) A mechanism for declaring the charter null and void if a majority of the faculty, instructional staff of the school, and parents of students enrolled in the school who are present at a meeting called for the specific purpose of deciding whether or not to declare the charter null and void request the State Board of Education to withdraw the charter;

(b) A mechanism for declaring the charter null and void if, at any time, in the opinion of the State Board of Education, the school operating under charter status fails to fulfill the terms of the charter;

(c) Clear academic or vocational, or both, performance based and student achievement based objectives and the means to measure those objectives on no less than an annual basis;

(d) A mechanism for updating the terms of each charter, agreed to by all parties and subject to the approval of a majority of the faculty, instructional staff and parents of students enrolled in the school who are present at a meeting called for the specific purpose of updating the terms of the charter, based upon the yearly progress reports submitted to the State Board of Education by the charter school;

(e) A provision that the statutory provisions which authorize the levy of additional taxes to support school districts and establish limitations on increasing those tax levies are fully applicable to the charter school;

(f) A provision that no person shall be denied admission to the charter school on the basis of race, color, creed or national origin; and

(g) A provision to exempt the school from the rules, regulations, policies and procedures of the State Board of Education and the local school board and from the provisions of Title 37 of the Mississippi Code of 1972 which are not included in this act, unless the code sections are specifically made applicable to charter schools by law.

SECTION 6. Any request for a petition to obtain charter school status sent by a local school to the school board of the school district in which the school is located shall be forwarded by the local school board to the State Board of Education. If the petition clearly requests that such charter designation be made by a particular public university or campus, then the local school board shall forward such petition to the Board of Trustees of State Institutions of Higher Learning. If a local school board disapproves of a local school's request for a petition, the local school board shall inform the faculty of the local school of the reasons for the disapproval and shall forward a copy of the reasons to the State Board of Education or the Board of Trustees of State Institutions of Higher Learning. The State Board of Education or the Board of Trustees of State Institutions of Higher Learning, in their discretion, may request a hearing to receive further information from the local school board and the faculty of the local school.

SECTION 7. Initial charters issued by the State Board of Education or the Board of Trustees of State Institutions of Higher Learning shall be on a pilot program basis and for a term of five (5) years. Thereafter, the State Board of Education or the Board of Trustees of State Institutions of Higher Learning may renew charters on a one-year or multiyear basis, not to exceed five (5) years, for local schools, if all parties to the original charter approve the renewal with a vote of a majority of the faculty, instructional staff and parents of students enrolled in the school who are present at a meeting called for the specific purpose of deciding whether or not to renew the charter.

SECTION 8. (1) A charter school may be funded by: federal grants; grants, gifts, devises or donations from any private sources; and state funds appropriated for the support of the charter school. Schools applying for charter status and charter schools are encouraged to apply for federal funds appropriated specifically for the support of charter schools under the Omnibus Consolidated Appropriations Act, 1997 (Pub. L. No. 104-208 [H.R. 3610] (1996)).

(2) The State Board of Education or the Board of Trustees of State Institutions of Higher Learning shall give charter schools special preference when allocating grant funds for alternative school programs, classroom technology, school improvement programs, mentoring programs or other grant programs designed to improve local school performance.

SECTION 9. Employees of a charter school shall be considered state employees and shall be included in the nonstate service. However, Sections 25-3-91 through 25-3-101 establishing leave policies for state employees shall not be applicable to the employees of any charter school.

SECTION 10. Before January 1, 1999, and each year thereafter, the State Board of Education and the Board of Trustees of State Institutions of Higher Learning shall submit a report to the Legislature on the status of the charter school program.

SECTION 11. Section 25-9-107, Mississippi Code of 1972, is amended as follows:

25-9-107. The following terms, when used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:

(a) "Board" shall mean the State Personnel Board created under the provisions of this chapter.

(b) "State service" shall mean all employees of state departments, agencies and institutions as defined herein, except those officers and employees excluded by this chapter.

(c) "Nonstate service" shall mean the following officers and employees excluded from the state service by this chapter. The following are excluded from the state service:

(i) Members of the state Legislature, their staffs and other employees of the legislative branch;

(ii) The Governor and staff members of the immediate Office of the Governor;

(iii) Justices and judges of the judicial branch or members of appeals boards on a per diem basis;

(iv) The Lieutenant Governor, staff members of the immediate Office of the Lieutenant Governor and officers and employees directly appointed by the Lieutenant Governor;

(v) Officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices;

(vi) Members of boards and commissioners appointed by the Governor, Lieutenant Governor or the state Legislature;

(vii) All academic officials, members of the teaching staffs and employees of the state institutions of higher learning, the State Board for Community and Junior Colleges, and community and junior colleges;

(viii) Officers and enlisted members of the National Guard of the state;

(ix) Prisoners, inmates, student or patient help working in or about institutions;

(x) Contract personnel; provided, that any agency which employs state service employees may enter into contracts for personal and professional services only with the prior written approval of the State Personnel Director. The State Personnel Director shall disapprove such contracts where the services to be provided could reasonably be performed by an employee in an authorized employment position. Prior to paying any warrant for such contractual services, the Auditor of Public Accounts, or the successor to those duties, shall determine whether the contract involved was for personal or professional services, and, if so, shall determine whether it was properly submitted to the State Personnel Director and approved; provided, however, that physicians, dentists, architects, engineers, veterinarians, attorneys and utility rate experts who are employed for the purposes of professional services, and other specialized technical services related to facilities maintenance, shall be excluded from the provisions of this paragraph;

(xi) Part-time employees; provided, however, part-time employees shall only be hired into authorized employment positions classified by the board, shall meet minimum qualifications as set by the board, and shall be paid in accordance with the Variable Compensation Plan as certified by the board;

(xii) Persons appointed on an emergency basis for the duration of the emergency; the effective date of the emergency appointments shall not be earlier than the date approved by the State Personnel Director, and shall be limited to thirty (30) working days. Emergency appointments may be extended to sixty (60) working days by the State Personnel Board;

(xiii) Physicians, dentists, veterinarians, nurse practitioners and attorneys, while serving in their professional capacities in authorized employment positions who are required by statute to be licensed, registered or otherwise certified as such, provided that the State Personnel Director shall verify that the statutory qualifications are met prior to issuance of a payroll warrant by the auditor;

(xiv) Personnel who are employed and paid from funds received from a federal grant program which has been approved by the Legislature or the Department of Finance and Administration whose length of employment has been determined to be time-limited in nature. This subparagraph shall apply to personnel employed under the provisions of the Comprehensive Employment and Training Act of 1973, as amended, and other special federal grant programs which are not a part of regular federally funded programs wherein appropriations and employment positions are appropriated by the Legislature. Such employees shall be paid in accordance with the Variable Compensation Plan and shall meet all qualifications required by federal statutes or by the Mississippi Classification Plan;

(xv) The administrative head who is in charge of any state department, agency, institution, board or commission, wherein the statute specifically authorizes the Governor, board, commission or other authority to appoint said administrative head; provided, however, that the salary of such administrative head shall be determined by the State Personnel Board in accordance with the Variable Compensation Plan unless otherwise fixed by statute;

(xvi) The State Personnel Board shall exclude top level positions if the incumbents determine and publicly advocate substantive program policy and report directly to the agency head, or the incumbents are required to maintain a direct confidential working relationship with a key excluded official. Provided further, a written job classification shall be approved by the board for each such position, and positions so excluded shall be paid in conformity with the Variable Compensation Plan;

(xvii) Employees whose employment is solely in connection with an agency's contract to produce, store or transport goods, and whose compensation is derived therefrom;

 * * *

(xviii) The associate director, deputy directors and bureau directors within the Department of Agriculture and Commerce.

(xix) Employees of any charter school established under Senate Bill No. 2741, 1997 Regular Session.

(d) "Agency" means any state board, commission, committee, council, department or unit thereof created by the Constitution or statutes if such board, commission, committee, council, department, unit or the head thereof, is authorized to appoint subordinate staff by the Constitution or statute, except a legislative or judicial board, commission, committee, council, department or unit thereof.

SECTION 12. This act shall take effect and be in force from and after July 1, 1997.