MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education

By: Representative Holland

AN ACT TO PROVIDE TEACHERS, ADMINISTRATORS AND OTHER CONTRACT EMPLOYEES OF THE STATE EDUCATIONAL SYSTEM, KINDERGARTEN THROUGH TWELFTH GRADE, WITH RIGHTS OF DUE PROCESS BEFORE TERMINATION AND TO PROVIDE CERTAIN CONDITIONS ON THE EMPLOYMENT REGARDING NONRENEWAL OF A CONTRACTED EMPLOYEE; TO AMEND SECTION 37-9-109, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) Beginning with the 1998-1999 school year, the State Board of Accreditation and the State Department of Education shall require local school districts to devise plans to address those individuals they have identified for nonrenewal.

(2) An individual identified for nonrenewal must undergo a remediation process of no less than eighteen (18) months.

(3) The eighteen (18) month remediation process shall begin with the beginning of school or the August start date of the following year after the deficiencies were determined and the individual educator was placed on a remediation track.

(4) If the identified individual is a career teacher, a district or building principal shall assign that person a master teacher to provide guidance and mentoring and to help in addressing the areas identified as deficient.

(5) If the identified individual is (a) a career administrator, (b) a professional school counselor, (c) librarian, or (d) other contracted educator, the local school district shall assign an appropriate mentor to help correct the identified deficiencies.

(6) The State Board of Accredition shall modify Bulletin 171 to reflect this act.

(7) The State Department of Education shall be the responsible agency for management and implementation of this act.

(8) The State Department of Education shall provide general guidelines for the local school districts to follow and provide assistance to develop acceptable guidelines and practices that will adhere to the practices as the state colleges and universities have taught in their educational leadership programs regarding the remediation of deficient individuals in a school setting.

SECTION 2. The following restrictions shall apply:

(a) A mentoring teacher shall be an individual who has proven proficiencies in his or her area of expertise or has been previously identified as a master teacher with a minimum of five (5) years of teaching experience.

(b) A mentor for (i) a professional school counselor, (ii) a librarian, (iii) or other contracted educator shall be an individual who has proven proficiencies in his or her area of expertise with a minimum of five (5) year of experience in the chosen field.

(c) A mentor for an administrator shall be an individual who has proven proficiencies in the area of administration and who has served in the area of administration as a career level administrator for a minimum of five (5) years.

SECTION 3. Section 37-9-109, Mississippi Code of 1972, is amended as follows:

37-9-109. An employee who has received notice under section 37-9-105, upon written request, shall be entitled to:

(a) Written notice of the reasons for nonreemployment, together with a summary of the factual basis therefor, which notice shall be given at least five (5) days prior to any hearing;

(b) An opportunity for a hearing at which to present matters relevant to the reasons given for the nonreemployment decision, including any reasons alleged by the employee to be the reason for nonreemployment;

(c) Receive a fair and impartial hearing before the board or hearing officer;

(d) Be represented by legal counsel, at his own expense;

(e) Avail himself of the provisions of Sections 1 and 2 of this act.

If the employee does not request a hearing, the decision of the board with regard to the reemployment of the employee shall be final.

SECTION 4. This act shall take effect and be in force from and after July 1, 1998.