MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education

By: Senator(s) Ferris

AN ACT TO AMEND SECTIONS 37-28-1, 37-28-3, 37-28-5, 37-28-7, 37-28-9, 37-28-11, 37-28-13, 37-28-15 AND 37-28-19, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LOCAL SCHOOL DISTRICTS TO APPLY FOR CHARTER SCHOOL DISTRICT STATUS UNDER THE CHARTER SCHOOL LAW, AND TO PROVIDE CERTAIN PROCEDURES AND CRITERIA REGARDING THE AUTHORITY OF A SCHOOL DISTRICT TO REORGANIZE ITSELF AS A CHARTER SCHOOL DISTRICT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 37-28-1, Mississippi Code of 1972, is amended as follows:

37-28-1. It is the intent of the Legislature that this chapter provide a means whereby local public schools and school districts 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. Section 37-28-3, Mississippi Code of 1972, is amended as follows:

37-28-3. For purposes of this chapter, 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) "Charter school district" means a school district that is operating under the terms of a charter granted by the State Board of Education.

(d) "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.

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

SECTION 3. Section 37-28-5, Mississippi Code of 1972, is amended as follows:

37-28-5. Any local school or local school district may submit a petition to the State Board of Education requesting charter school/school district status. The petition must:

(a) Be approved by the school board of the school district in which the school is located, or the school board of the school district, as the case may be;

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

(c) Be agreed to by a majority of the parents of students enrolled in the school or school district 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 or school district proposes to work toward improving student learning and meeting 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 or school district in improving student learning and in meeting state education goals;

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

SECTION 4. Section 37-28-7, Mississippi Code of 1972, is amended as follows:

37-28-7. (1) The State Board of Education shall establish rules and regulations for the submission of petitions for charter school/school district status and criteria and procedures for the operation of charter schools and school districts. The board shall receive and review petitions for charter school/school district status from local public schools and may approve petitions and grant charter school/school district status, on a pilot program basis, to up to six (6) local schools throughout the state. One (1) local public school/school district in each congressional district, as such districts exist on the effective date of this chapter, and at least one (1) local public school/school district situated in the Delta region of the state shall be granted charter school/school district status by the board, unless there are no petitions submitted from a particular congressional district or the Delta region, as the case may be, which are proper under the terms of this chapter and the rules and regulations established by the board under this subsection. At least three (3) local public schools that are granted charter school status shall be in school districts having an accreditation level of three (3) or below at the time the school submits its initial petition for charter school status unless there are no petitions submitted from such schools which are proper under the terms of this chapter and the rules and regulations established by the board. In order to be approved, a petition for charter school/school district status, in the opinion of the State Board of Education, must adequately include:

(a) A plan for improvement at the school/school district level for improving student learning and for meeting 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/school district 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/school district 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) Any school district with an accreditation level of three (3) or above shall be allowed the authority to reorganize itself as a charter school district, unless the State Board of Education can show compelling evidence that the local district is incapable of properly administering such a program. Any school district with an accreditation level below three (3) may become a charter school district if it can provide compelling evidence to the State Board of Education that such an operation would be in the best interests of the students of the district.

(3) The State Board of Education may allow local schools/school districts to resubmit petitions for charter school/school district 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/school districts in the creation or modification of the petitions.

SECTION 5. Section 37-28-9, Mississippi Code of 1972, is amended as follows:

37-28-9. The terms of each charter shall include the following:

(a) A mechanism for declaring the charter null and void if a majority of the faculty, instructional staff of the school/school district, and parents of students enrolled in the school/school district 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/school district 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/school district 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/school district;

(e) A provision that the charter school shall not have any authority to request an ad valorem tax levy independent of such authority exercised by the school district in which the charter school is located;

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

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

(h) A provision that the performance variables established by the State Board of Education, acting through the Commission on School Accreditation, in the performance based accreditation system are fully applicable to the charter school/school district; and

(i) A provision to exempt the charter school/school district from process standards.

SECTION 6. Section 37-28-11, Mississippi Code of 1972, is amended as follows:

37-28-11. 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, and any request for a petition to obtain charter school district status, shall be forwarded by the local school board to the State Board of Education. 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. The State Board of Education, in its discretion, may request a hearing to receive further information from the local school board and the faculty of the local school.

SECTION 7. Section 37-28-13, Mississippi Code of 1972, is amended as follows:

37-28-13. Initial charters issued by the State Board of Education shall be on a pilot program basis and for a term of four (4) years. Thereafter, the State Board of Education may renew charters on a one-year or multi-year basis, not to exceed four (4) years, for local schools or school districts, 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/school district who are present at a meeting called for the specific purpose of deciding whether or not to renew the charter.

SECTION 8. Section 37-28-15, Mississippi Code of 1972, is amended as follows:

37-28-15. (1) A charter school/school district 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/school district; and any other funds that may be received by the school district. Schools/school districts applying for charter status and charter schools/school districts 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 may give charter schools/school districts special preference when allocating grant funds other than state funds for alternative school programs, classroom technology, school improvement programs, mentoring programs or other grant programs designed to improve local school performance.

SECTION 9. Section 37-28-19, Mississippi Code of 1972, is amended as follows:

37-28-19. Before January 1, 1999, and each year thereafter, the State Board of Education shall submit a report to the Legislature on the status of the charter school program. This report minimally shall include: (a) a review and compilation of comprehensive reports and evaluations issued by local school boards concerning successes or failures of charter schools/school districts and formulated recommendations; (b) a comparison of the academic performance of charter school/school district students with the performance of ethnically and economically comparable groups of students in other public schools who are enrolled in academically comparable courses; (c) the current and projected impact of charter schools/school districts on the delivery of services by the public schools; (d) an assessment of the students' academic progress in the charter school/school district as measured, where available, against the academic year immediately preceding the first year of the charter school's/school district's operation; and (e) the best practices resulting from charter school/school district operations.

SECTION 10. This act shall take effect and be in force from and after July 1, 1998.