MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education
By: Senator(s) Tollison, Collins
AN ACT ENTITLED THE "MISSISSIPPI PUBLIC CHARTER SCHOOLS ACT OF 2012"; TO DECLARE THE LEGISLATIVE PURPOSE OF THE PUBLIC CHARTER SCHOOLS ACT; TO PROHIBIT CONVERSION OF PRIVATE OR PAROCHIAL SCHOOL TO PUBLIC CHARTER SCHOOLS; TO PROVIDE DEFINITIONS; TO PROVIDE OPEN ENROLLMENT AND LOTTERY REQUIREMENTS FOR PUBLIC CHARTER SCHOOLS; TO PROVIDE PREFERENCES FOR STUDENT ENROLLMENT IN THE CASE OF A CONVERSION CHARTER SCHOOL AND FOR SCHOOLS SERVING SPECIAL POPULATIONS; TO REQUIRE ALL SCHOOLS IN THE STATE TO ACCEPT TRANSFER CREDITS FROM PUBLIC CHARTER SCHOOLS; TO DEFINE THE ELIGIBLE AUTHORIZER FOR PUBLIC CHARTER SCHOOLS; TO ESTABLISH THE MISSISSIPPI PUBLIC CHARTER SCHOOLS AUTHORIZER BOARD AND PRESCRIBE ITS MEMBERSHIP; TO PROVIDE FOR AN EXECUTIVE DIRECTOR OF THE MISSISSIPPI PUBLIC CHARTER SCHOOLS AUTHORIZER BOARD; TO PRESCRIBE AUTHORIZER POWERS AND DUTIES; TO PROVIDE STANDARDS FOR AUTHORIZING PUBLIC CHARTER SCHOOLS WHICH SHALL BE POLICIES EQUAL TO NATIONALLY ESTABLISHED BEST PRACTICES; TO PROVIDE FOR AUTHORIZER FUNDING AND CONFLICT OF INTEREST; TO PRESCRIBE THE APPLICATION PROCESS FOR ALL TYPES OF CHARTER SCHOOLS AND A DECISION-MAKING PROCESS; TO ESTABLISH AN INITIAL CHARTER TERM; TO PROVIDE GUIDELINES FOR EXECUTING CHARTER CONTRACTS; TO PROVIDE ACHIEVEMENT AND OPERATIONAL STANDARDS FOR CHARTER SCHOOL OVERSIGHT AND CORRECTIVE ACTIONS; TO PROVIDE FOR RENEWALS AND REVOCATIONS OF CHARTER SCHOOL CONTRACTS; TO PROVIDE PROCEDURES FOR CHARTER SCHOOL CLOSURE AND DISSOLUTION; TO PRESCRIBE THE LEGAL STATUS OF CHARTER SCHOOLS; TO EMPOWER CHARTER SCHOOLS WITH FINANCIAL AUTHORITY TO IMPLEMENT ITS CONTRACT AND TO PROHIBIT DISCRIMINATION AND THE CHARGING OF TUITION; TO PRESCRIBE THE QUALIFICATIONS OF EMPLOYEES OF CHARTER SCHOOLS AND REQUIRE CRIMINAL BACKGROUND CHECKS FOR SUCH EMPLOYEES; TO PROVIDE THAT CHARTER SCHOOLS SHALL CERTIFY AVERAGE DAILY ATTENDANCE AND QUALIFY FOR STATE ADEQUATE EDUCATION PROGRAM ALLOCATIONS ON A PER-PUPIL BASIS; TO AUTHORIZE EQUAL TRANSPORTATION FUNDING UNDER THE ADEQUATE EDUCATION PROGRAM FOR PUBLIC CHARTER SCHOOLS; TO AUTHORIZE LOCAL FUNDING FOR PUBLIC CHARTER SCHOOLS; TO AUTHORIZE CHARTER SCHOOLS TO ACCEPT GIFTS, DONATIONS AND GRANTS; TO AUTHORIZE CHARTER SCHOOLS THE RIGHT OF FIRST REFUSAL TO VACANT SCHOOL FACILITIES AND PROPERTY AND THE USE OF DONATED SPACE UNDER PREEXISTING ZONING REGULATIONS; TO AMEND SECTION 37-151-7, MISSISSIPPI CODE OF 1972, TO CONFORM THE ADEQUATE EDUCATION FUNDING FORMULA TO THE ALLOCATION OF FUNDS TO PUBLIC CHARTER SCHOOLS; TO AMEND SECTION 37-57-107, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TRANSFER OF LOCAL AD VALOREM SCHOOL DISTRICT MAINTENANCE FUNDS BY THE TAX COLLECTOR TO THE PUBLIC CHARTER SCHOOL ON A PER-PUPIL BASIS; TO AMEND SECTION 37-9-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE EDUCATION EMPLOYMENT PROCEDURES LAW SHALL NOT APPLY TO TEACHERS OR ADMINISTRATORS AT PUBLIC CHARTER SCHOOLS; TO AMEND SECTION 37-13-63, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT PUBLIC CHARTER SCHOOLS SHALL COMPLY WITH THE MINIMUM LENGTH OF SCHOOL TERM APPLICABLE TO PUBLIC SCHOOLS; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT STUDENTS ATTENDING PUBLIC CHARTER SCHOOLS SHALL COMPLY WITH THE PROVISIONS OF THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO REPEAL SECTIONS 37-165-1 THROUGH 37-165-27, MISSISSIPPI CODE OF 1972, WHICH ARE THE "CONVERSION CHARTER SCHOOL ACT OF 2010," AND SECTION 37-167-1, MISSISSIPPI CODE OF 1972, WHICH IS THE NEW START SCHOOL PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Short title. This act shall be known and may be cited as the "Mississippi Public Charter Schools Act of 2012."
SECTION 2. Legislative declarations. (1) The Legislature finds and declares that the purposes of the state's public charter schools as a whole are:
(a) To improve student learning by creating high-quality schools with high standards for student performance;
(b) To close achievement gaps between high-performing and low-performing groups of public school students;
(c) To increase high-quality educational opportunities within the public education system for all students, especially those at risk of academic failure;
(d) To create new professional opportunities for teachers, school administrators, and other school personnel that allow them to have a direct voice in the operation of their schools;
(e) To encourage the use of different, high-quality models of teaching, governing, scheduling, or other aspects of schooling that meet a variety of student needs;
(f) To allow public schools freedom and flexibility in exchange for exceptional levels of results driven accountability;
(g) To provide students, parents, community members, and local entities with expanded opportunities for involvement in the public education system; and
(h) To encourage the replication of successful public charter schools.
(2) All public charter schools in the state established under this act are public schools and are part of the state's public education system.
(3) No provision of this act shall be interpreted to allow the conversion of private schools into public charter schools.
SECTION 3. Definitions. As used in this act:
(a) An "applicant" means any person or group that develops and submits an application for a public charter school to an authorizer.
(b) An "application" means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status.
(c) An "at-risk student" means a student participating in the federal free lunch program who qualifies for at-risk student funding under the Mississippi Adequate Education Program.
(d) An "authorizer" means the Mississippi Public Charter School Authorizer Board established under Section 5 of this act to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to renew, not renew, or revoke charter contracts.
(e) A "charter contract" means a fixed-term, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.
(f) A "conversion public charter school" means a charter school that existed as a noncharter public school before becoming a public charter school.
(g) An "education service provider" means a charter management organization, school design provider, or any other partner entity with which a public charter school intends to contract for educational design, implementation, or comprehensive management.
(h) A "governing board" means the independent board of a public charter school that is party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the school's application.
(i) A "local school board" means a school board exercising management and control of a local school district pursuant to the state constitution and state statutes.
(j) A "local school district" means a public agency that establishes and supervises one or more public schools within its geographical limits pursuant to state statutes.
(k) A "noncharter public school" means a public school that is under the direct management, governance and control of a local school board or the state.
(l) A "parent" means a parent, guardian or other person or entity having legal custody of a child.
(m) A "public charter school" means a public school that:
(i) Has autonomy over decisions including, but not limited to, matters concerning finance, personnel, scheduling, curriculum and instruction;
(ii) Is governed by an independent governing board;
(iii) Is established and operating under the terms of a charter contract between the school's board and its authorizer;
(iv) Is a school to which parents choose to send their children;
(v) Is a school that admits students on the basis of a lottery if more students apply for admission than can be accommodated;
(vi) Provides a program of education that includes one or more of the following: any grade or grades from Prekindergarten through 12th Grade;
(vii) Operates in pursuit of a specific set of educational objectives as defined in its charter contract; and
(viii) Operates under the oversight of the authorizer in accordance with its charter contract. A public charter school includes a conversion public charter school, or start-up public charter school.
(n) A "start-up public charter school" means a public charter school that did not exist as a noncharter public school prior to becoming a public charter school.
(o) A "student" means any child who is eligible for attendance in public schools in the state.
SECTION 4. Enrollment. (1) Open enrollment and lottery requirements.
(a) A public charter school shall be open to any student residing in the state.
(b) A school district shall not require any student enrolled in the school district to attend a public charter school.
(c) A public charter school shall not limit admission based on ethnicity, national origin, religion, gender, income level, disabling condition, proficiency in the English language, or academic or athletic ability, except as provided in Section 4(2)(d) of this act.
(d) A public charter school may limit admission to students within a given age group or grade level, including prekindergarten students, and may be organized around a special emphasis, theme, or concept as stated in the school's application.
(e) The at-risk composition of the charter school enrollment shall reflect that of students in similar grades as determined by the most recent census data for school-aged students for the school district in which the charter school is located, to be defined for the purposes of this act as differing by no more than twenty-five percent (25%) from that population. In the event that the at-risk composition of an applicant's or charter school's enrollment differs from the enrollment of students in similar
grades as determined by the most recent census data for school-aged students for the school district in which the charter school is located by more than twenty-five percent (25%), despite its best efforts, the authorizer from which the applicant is seeking sponsorship shall consider the applicant's or the charter school's recruitment efforts and at-risk composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A finding by the authorizer that the applicant is not operating in a discriminatory manner justifies approval of the charter without regard to the at-risk percentage requirement if the application is acceptable in all other aspects. A finding by the authorizer that the applicant or charter school is operating in a discriminatory manner justifies the denial of a charter school application or the revocation of a charter, as may be applicable.
(f) A public charter school shall enroll all students who wish to attend the school, unless the number of students exceeds the capacity of a program, class, grade level, or building.
(g) If capacity is insufficient to enroll all students who wish to attend the school based on initial application, the public charter school shall select students through a lottery.
(2) Enrollment preferences.
(a) Any noncharter public school converting partially or entirely to a public charter school shall adopt and maintain a policy giving enrollment preference to students who reside within the former attendance area of that public school. If the charter school has excess capacity after enrolling students residing within the former attendance area of the school, students outside of the former attendance area of the school shall be eligible for enrollment. If the number of these additional students exceeds the capacity of a program, class, grade level, or building, the students will be entered into a lottery.
(b) A public charter school shall give enrollment preference to students enrolled in the public charter school the previous school year and to siblings of students already enrolled in the public charter school. An enrollment preference for returning students excludes those students from entering into a lottery.
(c) A public charter school may give enrollment preference to children of a public charter school's founders, governing board members, and full-time employees, so long as they constitute no more than ten percent (10%) of the school's total student population.
(d) This section does not preclude the formation of a public charter school whose mission is focused on serving students with disabilities, students of the same gender, students who pose such severe disciplinary problems that they warrant a specific educational program, or students who are at risk of academic failure. If capacity is insufficient to enroll all students who wish to attend such school, the public charter school shall select students through a lottery.
(3) Credit transferability. If a student who was previously enrolled in a public charter school enrolls in another public school in this state, the student's new school shall accept credits earned by the student in courses or instructional programs at the public charter school in a uniform and consistent manner and according to the same criteria that are used to accept academic credits from other public schools.
(4) Information to parents and the general public. A school district shall provide or publicize to parents and the general public information about public charter schools as an enrollment option within the district to the same extent and through the same means that the district provides and publicizes information about noncharter public schools in the district.
SECTION 5. Authorizer. (1) The Mississippi Public Charter School Authorizer Board created under subsection (2) of this section may authorize public charter schools in any county in the State of Mississippi. In High-Performing or Star school districts, the Mississippi Public Charter School Authorizer Board may authorize public charter schools only if a majority of the members of the local school board votes at a public meeting to endorse the application.
(2) The Mississippi Public Charter School Authorizer Board.
(a) There is hereby established the Mississippi Public Charter School Authorizer Board (the authorizer) as an independent state agency with statewide chartering jurisdiction as described in subsection (1) of this section.
(b) The mission of the Mississippi Public Charter School Authorizer Board shall be to authorize high-quality public charter schools throughout the state, particularly schools designed to expand opportunities for at-risk students, consistent with the purposes of this act.
(c) The Mississippi Public Charter School Authorizer Board shall consist of seven (7) members. Two (2) members shall be appointed by the Governor; two (2) members shall be appointed by the Lieutenant Governor; two (2) members shall be appointed by the State Superintendent of Education and one (1) member who shall be appointed by the Commissioner of Higher Education. All appointments shall be made with the advice and consent of the Senate. In making the appointments, the appointing authority shall ensure statewide geographic and racial diversity among Public Charter School Authorizer members.
(d) Members appointed to the Mississippi Public Charter School Authorizer Board shall collectively possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, assessment, and curriculum and instruction, and public education law. All members of the Mississippi Public Charter School Authorizer Board shall have demonstrated understanding of and commitment to charter schooling as a strategy for strengthening public education.
(e) To establish staggered terms of office, the initial term of office for the two (2) Mississippi Public Charter School Authorizer Board members appointed by the Governor shall be four (4) years and thereafter shall be three (3) years; the initial term of office for the two (2) members appointed by the Lieutenant Governor shall be three (3) years and thereafter shall be three (3) years; the initial term of office for the two (2) members appointed by the State Superintendent of Education shall be two (2) years and thereafter shall be three (3) years; and the initial term of office of the member appointed by the Commissioner of Higher Education shall be four (4) years and thereafter shall be three (3) years. No appointed member shall serve more than two (2) consecutive terms. The initial appointments shall be made no later than September 1, 2012.
(f) The Authorizer shall meet as soon as practical after September 1, 2012, upon the call of the Governor, and shall organize for business by selecting a chairman and adopting bylaws. Subsequent meetings shall be called by the chairman.
(g) A member of the Mississippi Public Charter School Authorizer Board may be removed by the authorizer for any cause that renders the member incapable or unfit to discharge the duties of the office. Whenever a vacancy on the Mississippi Public Charter School Authorizer Board exists, the original appointing authority shall appoint a member for the remaining portion of the term.
(h) The Mississippi Public Charter School Authorizer Board is authorized to receive and expend appropriate gifts, grants and donations of any kind from any public or private entity to carry out the purposes of this act, subject to the terms and conditions under which they are given, provided that all such terms and conditions are permissible under law.
(i) The Mississippi Public Charter School Authorizer Board shall appoint an executive director to serve at the discretion of the authorizer with qualifications established by the authorizer based on national best practices. The Mississippi Public Charter School Authorizer Board shall be located for administrative purposes within the offices of the State Institutions of Higher Learning which shall provide meeting space and clerical support for the authorizer, and shall assist the Mississippi Public Charter School Authorizer Board with implementing the authorizer's decisions that relate to charter schools.
(3) State Department of Education. The Mississippi Department of Education shall assist the Mississippi Public Charter School Authorizer Board with implementing the authorizer's decisions by providing technical assistance and information relating to the implementation of this act, and shall apply for any federal funds available for the implementation of charter school programs.
(4) Authorizer powers, duties and liabilities.
(a) The authorizer is responsible for executing, in accordance with this act, the following essential powers and duties:
(i) Soliciting and evaluating charter applications;
(ii) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(iii) Declining to approve weak or inadequate charter applications;
(iv) Negotiating and executing sound charter contracts with each approved public charter school;
(v) Monitoring, in accordance with charter contract terms, the performance and legal compliance of public charter schools; and
(vi) Determining whether each charter contract merits renewal, nonrenewal or revocation.
(b) The authorizer may delegate its duties to the executive director or to contractors.
(c) Regulation by the authorizer shall be limited to these powers and duties, and consistent with the spirit and intent of this act.
(d) The authorizer, members of the board of the authorizer in their official capacity, and employees of the authorizer in their official capacity are immune from civil and criminal liability with respect to all activities related to a public charter school they authorize.
(5) Principles and standards for charter authorizing. The authorizer shall be required to develop and maintain chartering policies and practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility including: organizational capacity and infrastructure; soliciting and evaluating charter applications; performance contracting; ongoing public charter school oversight and evaluation; and charter renewal decision-making. The authorizer shall carry out all its duties under this act in a manner consistent with such nationally recognized principles and standards and with the spirit and intent of this act. Evidence of material or persistent failure to do so shall constitute grounds for losing charter authorizing powers.
(6) Authorizer funding.
(a) To cover costs for overseeing public charter schools in accordance with this act, the authorizer shall receive three percent (3%) of annual per-pupil allocations received by the public charter school from state and local funds for each public charter school it authorizes. These funds must be used to cover the costs for the authorizer to oversee its public charter schools.
(b) The authorizer may expend its resources, seek grant funds, and establish partnerships to support its public charter school authorizing activities.
(7) Conflicts of interest. No employee, trustee, agent or representative of the authorizer may simultaneously serve as an employee, trustee, agent, representative, vendor or contractor of a public charter school authorized by that entity.
(8) Exclusivity of authorizing functions and rights. No governmental or other entity, other than those expressly granted chartering authority as set forth in this act, may assume any charter authorizing function or duty in any form, unless expressly allowed by law.
SECTION 6. Application process. (1) Request for proposals. (a) To solicit, encourage and guide the development of quality public charter school applications, the authorizer operating under this act shall issue and broadly publicize a request for proposals by September 1, except in the authorizer's first year of operation in which the authorizer shall issue and broadly publicize a request for proposals by December 1. The content and dissemination of the request for proposals shall be consistent with the purposes and requirements of this act.
(b) The authorizer shall annually establish and disseminate a statewide timeline for charter approval or denial decisions.
(c) The authorizer's request for proposals shall include a clear statement of any preferences the authorizer wishes to grant to applications that help at-risk students and may include preferences for prekindergarten programs.
(d) The request for proposals shall include or otherwise direct applicants to the performance framework that the authorizer has developed for public charter school oversight and evaluation in accordance with Section 7(1) of this act.
(e) The request for proposals shall include the criteria that will guide the authorizer's decision to approve or deny a charter application.
(f) The request for proposals shall state clear, appropriately detailed questions as well as guidelines concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful public charter school.
(g) The request for proposals shall require charter applications to provide or describe thoroughly, and each charter application shall provide or describe thoroughly, all of the following essential elements of the proposed school plan:
(i) An executive summary;
(ii) The mission and vision of the proposed public charter school, including identification of the targeted student population and the community the school hopes to serve;
(iii) The location or geographic area proposed for the school;
(iv) The grades to be served each year for the full term of the charter contract;
(v) Minimum, planned and maximum enrollment per grade per year for the term of the charter contract;
(vi) Evidence of need and community support for the proposed public charter school;
(vii) Background information on the proposed founding governing board members and, if identified, the proposed school leadership and management team that includes a record of success in raising student achievement;
(viii) The school's proposed calendar and sample daily schedule, which shall be no less than state minimum number of school days set forth in Section 37-13-63;
(ix) A description of the academic program aligned with state standards;
(x) A description of the school's instructional design, including the type of learning environment (such as classroom-based or independent study), class size and structure, curriculum overview, and teaching methods;
(xi) The school's plan for using internal and external assessments to measure and report student progress on the performance framework developed by the authorizer in accordance with Section 7(1) of this act;
(xii) The school's plans for identifying and successfully serving students with disabilities (including all of the school's proposed policies pursuant to the individuals with Disabilities Education Improvement Act of 2004, 20 USC Section 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794, and Title 11 of the Americans with Disabilities Act, 42 USC Section 12101 et seq., and the school's procedures for securing and providing evaluations and related services pursuant to federal law), students who are English language learners, students who are academically behind, and gifted students, including, but not limited to, compliance with applicable laws and regulations;
(xiii) A description of co-curricular or extracurricular programs and how they will be funded and delivered;
(xiv) Plans and timelines for student recruitment and enrollment, including lottery policies and procedures that ensure that every student has an equal opportunity to be considered in the lottery and that ensure the lottery is equitable, randomized, transparent and impartial such that students are assigned to charter schools without regard to disability, income level, race, religion or national origin;
(xv) The school's student discipline policies, including those for special education students;
(xvi) An organization chart that clearly presents the school's organizational structure, including lines of authority and reporting between the governing board, staff, any related bodies (such as advisory bodies or parent and teacher councils), and any external organizations that will play a role in managing the school;
(xvii) A clear description of the roles and responsibilities for the governing board, the school's leadership and management team, and any other entities shown in the organization chart;
(xviii) A staffing chart for the school's first year, and a staffing plan for the term of the charter;
(xix) Plans for recruiting and developing school leadership and staff;
(xx) The school's leadership and teacher employment policies, including performance evaluation plans;
(xxi) Proposed governing bylaws;
(xxii) Explanations of any partnerships or contractual relationships central to the school's operations or mission;
(xxiii) The school's plans for providing transportation, food service, and all other significant operational or ancillary services;
(xxiv) Opportunities and expectations for parent involvement;
(xxv) A detailed school start-up plan, identifying tasks, timelines and responsible individuals;
(xxvi) Description of the school's financial plan and policies, including financial controls and audit requirements;
(xxvii) A description of the insurance coverage the school will obtain;
(xxviii) Start-up and five-year budgets with clearly stated assumptions;
(xxix) Start-up and first-year cash-flow projections with clearly stated assumptions;
(xxx) Evidence of anticipated fundraising contributions, if claimed in the application; and
(xxxi) A sound facilities plan, including backup or contingency plans if appropriate.
(h) In the case of an application to establish a public charter school by converting an existing noncharter public school to public charter school status, the request for proposals shall additionally require the applicants to demonstrate support for the proposed public charter school conversion by a petition signed by a majority of teachers or a petition signed by a majority of parents of students in the existing noncharter public school, or by a majority vote of the local school board or, in the case of schools in districts under state conservatorship, by the State Board of Education.
(i) In the case of a proposed public charter school that intends to contract with an education service provider for substantial educational services, management services, or both types of services, the request for proposals shall additionally require the applicants to:
(i) Provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions if applicable;
(ii) Provide a term sheet setting forth the proposed duration of the service contract; roles and responsibilities of the governing board, the school staff, and the service provider; scope of services and resources to be provided by the service provider; performance evaluation measures and timelines; compensation structure, including clear identification of all fees to be paid to the service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract; and
(iii) Disclose and explain any existing or potential conflicts of interest between the school governing board and proposed service provider or any affiliated business entities.
(j) In the case of a public charter school proposal from an applicant that currently operates one or more schools in any state or nation, the request for proposals shall additionally require the applicant to provide evidence of past performance and current capacity for growth. The applicant shall be required to submit clear evidence that it has produced statistically significant gains in student achievement or consistently produced proficiency levels as measured on state achievement tests;
(k) The request for proposals shall require each charter school applicant to provide evidence that the applicant sent a copy of its completed charter school application to the local school board in the district in which the charter school is proposed.
(2) Application decision-making process.
(a) In reviewing and evaluating charter applications, the authorizer shall employ procedures, practices and criteria consistent with nationally recognized principles and standards for quality charter authorizing. The application review process shall include thorough evaluation of each written charter application, an in-person interview with the applicant group, and an opportunity in a public forum for local residents to learn about and provide input on each application.
(b) In deciding whether to approve charter applications, authorizers shall:
(i) Grant charters only to applicants that have demonstrated competence in each element of the authorizer's published approval criteria and are likely to open and operate a successful public charter school;
(ii) Base decisions on documented evidence collected through the application review process;
(iii) Follow charter-granting policies and practices that are transparent, based on merit, and avoid conflicts of interest or any appearance thereof.
(c) No later than one hundred eighty (180) days after the filing of a charter application, the authorizer shall decide to approve or deny the charter application. The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting of the authorizer's governing board.
(d) An approval decision may include, if appropriate, reasonable conditions that the charter applicant must meet before a charter contract may be executed pursuant to Section 6(6) of this act.
(e) For any charter denial, the authorizer shall clearly state, for public record, its reasons for denial. A denied applicant may subsequently reapply to the authorizer.
(f) Within ten (10) days of taking action to approve or deny a charter application, the authorizer shall provide a report to the charter applicant. The report shall include a copy of the authorizer's resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the procedural requirements and application elements set forth in Section 6 of this act.
(3) Purposes and limitations of charter applications. The purposes of the charter application are to present the proposed public charter school's academic and operational vision and plans, demonstrate the applicant's capacities to execute the proposed vision and plans, and provide the authorizer a clear basis for assessing the applicant's plans and capacities. An approved charter application shall not serve as the school's charter contract.
(4) Initial charter term. An initial charter shall be granted for a term of five (5) operating years. The charter term shall commence on the public charter school's first day of operation. An approved public charter school may delay its opening for one (1) school year in order to plan and prepare for the school's opening. If the school requires an opening delay of more than one (1) school year, the school must request an extension from its authorizer. The authorizer may grant or deny the extension depending on the particular school's circumstances.
(5) Charter contracts.
(a) At the same time that a charter application is approved, the authorizer and the governing board of the approved public charter school shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the public charter school will be judged and the administrative relationship between the authorizer and public charter school, including each party's rights and duties. The performance expectations and measures set forth in the charter contract shall include, but need not be limited to, applicable federal and state accountability requirements. The performance provisions may be refined or amended by mutual agreement after the public charter school is operating and has collected baseline achievement data for its enrolled students.
(b) The charter contract shall be signed by the president of the authorizer's governing board and the president of the public charter school's governing body.
(c) No public charter school may commence operations without a charter contract executed in accordance with this provision and approved in an open meeting of the authorizer's governing board.
(6) Pre-Opening requirements or conditions.
(a) The authorizer may establish reasonable pre-opening requirements or conditions to monitor the start -up progress of newly approved public charter schools and ensure that they are prepared to open smoothly on the date agreed, and to ensure that each school meets all building, health, safety, insurance and other legal requirements for school opening.
SECTION 7. Accountability. (1) Performance framework.
(a) The performance provisions within the charter contract shall be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures and metrics that will guide the authorizer's evaluations of each public charter school. The performance framework shall include indicators, measures and metrics for, at a minimum:
(i) Student academic proficiency;
(ii) Student academic growth;
(iii) Achievement gaps in both proficiency and growth between major student subgroups;
(iv) Attendance;
(v) Recurrent enrollment from year to year;
(vi) In-school and out-of-school suspension rates and expulsion rates;
(vii) Postsecondary readiness (for high schools), including the percentage of graduates submitting applications to postsecondary institutions, high school completion, postsecondary admission, and postsecondary enrollment or employment;
(viii) Financial performance and sustainability; and
(ix) Board performance and stewardship, including compliance with all applicable laws, regulations and terms of the charter contract.
(b) Annual performance targets shall be set by each public charter school in conjunction with its authorizer, and shall be designed to help each school meet applicable federal, state, and authorizer expectations.
(c) The performance framework shall allow the inclusion of additional rigorous, valid and reliable indicators proposed by a public charter school to augment external evaluations of its performance, provided that the authorizer approves the quality and rigor of such school-proposed indicators, and they are consistent with the purposes of this act.
(d) The performance framework shall require the disaggregation of all student performance data by major student subgroups (gender, race, poverty status, special education status, English Learner status, and gifted status).
(e) For each public charter school it oversees, the authorizer shall be responsible for collecting, analyzing and reporting all data from state assessments in accordance with the performance framework. Multiple schools overseen by a single governing board shall be required to report their performance as separate, individual schools, and each school shall be held independently accountable for its performance.
(2) Oversight and corrective actions.
(a) An authorizer shall annually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support evaluation according to the charter contract. Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this act, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this act, adhere to the terms of the charter contract, and do not unduly inhibit the autonomy granted to public charter schools.
(b) The authorizer shall annually publish and provide, as part of its annual report to the Legislature, a performance report for each public charter school it oversees, in accordance with the performance framework set forth in the charter contract. This report shall be made available to the public at the same time as it is submitted to the Legislature. The authorizer may require each public charter school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school, consistent with the performance framework.
(c) In the event that a public charter school's performance or legal compliance is unsatisfactory, the authorizer shall promptly notify the public charter school of the problem and provide reasonable opportunity for the school to remedy the problem, unless the problem warrants revocation in which case the revocation timeframes will apply.
(d) The authorizer shall have the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. Such actions or sanctions may include, if warranted, requiring a school to develop and execute a corrective action plan within a specified timeframe.
(3) Renewals, revocations and nonrenewals.
(a) A charter may be renewed for successive five-year terms of duration. The authorizer may grant renewal with specific conditions for necessary improvements to a public charter school, including lessening the renewal term based on the performance, demonstrated capacities, and particular circumstances of each public charter school.
(b) No later than September 30, the authorizer shall issue a public charter school performance report and charter renewal application guidance to any public charter school whose charter will expire the following year. The performance report shall summarize the public charter school's performance record to date, based on the data required by this act and the charter contract, and shall provide notice of any weaknesses or concerns perceived by the authorizer concerning the public charter school that may jeopardize its position in seeking renewal if not timely rectified. The public charter school shall have ninety (90) days to respond to the performance report and submit any corrections or clarifications for the report.
(c) The renewal application guidance shall, at a minimum, provide an opportunity for the public charter school to:
(i) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(ii) Describe improvements undertaken or planned for the school; and
(iii) Detail the school's plans for the next charter term.
(d) The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer's renewal decisions, which shall be based on the performance framework set forth in the charter contract and consistent with this act.
(e) No later than February 1, the governing board of a public charter school seeking renewal shall submit a renewal application to the charter authorizer pursuant to the renewal application guidance issued by the authorizer. The authorizer shall rule by resolution on the renewal application no later than ninety (90) days after the filing of the renewal application.
(f) In making charter renewal decisions, every authorizer shall:
(i) Ground its decisions in evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;
(ii) Ensure that data used in making renewal decisions are available to the school and the public; and
(iii) Provide a public report summarizing the evidence basis for each decision.
(g) A charter contract shall be revoked at any time or not renewed if the authorizer determines that the public charter school did any of the following or otherwise failed to comply with the provisions of this act:
(i) Commits a material and substantial violation of any of the terms, conditions, standards or procedures required under this act or the charter contract;
(ii) Fails to meet or make sufficient progress toward the performance expectations set forth in the charter contract;
(iii) Fails to meet generally accepted standards of fiscal management; or
(iv) Substantially violates any material provision of law from which the public charter school was not exempted.
(h) The authorizer shall develop revocation and nonrenewal processes that:
(i) Provide the charter holders with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure;
(ii) Allow the charter holders a reasonable amount of time in which to prepare a response;
(iii) Provide the charter holders with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose;
(iv) Allow the charter holders access to representation by counsel and to call witnesses on their behalf;
(v) Permit the recording of such proceedings; and
(vi) After a reasonable period for deliberation, require a final determination be made and conveyed in writing to the charter holders.
(i) If an authorizer revokes or does not renew a charter, the authorizer shall clearly state, in a resolution of its governing board, the reasons for the revocation or nonrenewal.
(j) Within ten (10) days of taking action to renew, not renew, or revoke a charter, the authorizer shall provide a copy of a report to the public charter school. The report shall include a copy of the authorizer governing board's resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the requirements set forth in this act.
(4) School closure and dissolution.
(a) Prior to any public charter school closure decision, an authorizer shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this act. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.
(b) If a charter school closes, all unspent government funds, unspent earnings from those funds and assets purchased with government funds will revert to the Mississippi Charter School Authorizer which shall determine the appropriate disbursal of the unspent government funds to the State Treasury or the local taxing authority, as is appropriate. Unspent funds from nongovernmental sources, unspent earnings from those funds, assets purchased with those funds and debts of the school (unless otherwise provided for in the charter or debt instrument) shall revert to the nonprofit entity created to operate the school and may be disposed of according to applicable laws for nonprofit corporations.
(5) Annual report. On or before September 30 of each year beginning in the first year after the state will have had public charter schools operating for a full school year, the Mississippi Public Schools Charter Authorizer Board shall issue to the Governor, the Legislature, the State Board of Education and the public at large, an annual report on the state's public charter schools, for the school year ending in the preceding calendar year. The annual report shall include a comparison of the performance of public charter school students with the performance of academically, ethnically and economically comparable groups of students in public schools in the resident school district. In addition, the annual report shall include the authorizer's assessment of the successes, challenges and areas for improvement in meeting the purposes of this act, including a report by the Joint Legislative Committee on Performance Evaluation and Expenditure Review Committee (PEER) on an assessment of the sufficiency of funding for public charter schools, the efficacy of the state formula for authorizer funding, and any suggested changes in state law or policy necessary to strengthen the state's public charter schools. The report shall also assess whether the creation of public charter schools is sufficient to meet demand, as calculated according to admissions data and the number of students denied enrollment as based on lottery results.
SECTION 8. Operations and autonomy. (1) Legal status of public charter school.
(a) Notwithstanding any provision of law to the contrary, to the extent that any provision of this act is inconsistent with any other state or local law, rule or regulation, the provisions of this act shall govern and be controlling.
(b) A public charter school shall be a nonprofit education organization.
(c) A public charter school shall be subject to all federal laws and authorities enumerated herein or arranged by charter contract with the school's authorizer, where such contracting is consistent with applicable laws, rules and regulations.
(d) Except as provided in this act, a public charter school shall not be subject to the state's education statutes or any state or local rule, regulation, policy or procedure relating to noncharter public schools within an applicable local school district regardless of whether such rule, regulation, policy or procedure is established by the local school board, the State Board of Education, or the State Department of Education.
(e) A charter contract may consist of one or more schools, to the extent approved by the authorizer and consistent with applicable law. Each public charter school that is part of a charter contract shall be separate and distinct from any others.
(f) A single governing board may hold one or more charter contracts. Each public charter school that is part of a charter contract shall be separate and distinct from any others.
(2) Local educational agency status.
(a) The public charter school functions for all purposes as a local educational agency. Local educational agency status does not preclude a public charter school from developing links to local school districts for services, resources and programs, by mutual agreement or by formal contract;
(b) Consistent with federal, state or local laws, the public charter school is responsible for meeting the requirements of local educational agencies under applicable federal, state and local laws, including those relating to special education, receipt of funds and compliance with funding requirements; and
(c) Consistent with federal, state or local laws, the public charter school has primary responsibility for special education at the school, including identification and provision of service, and is responsible for meeting the needs of enrolled students with disabilities.
(3) Powers of public charter school. A public charter school shall have all the powers necessary for carrying out the terms of its charter contract including the following powers:
(a) To receive and disburse funds for school purposes;
(b) To secure appropriate insurance and to enter into contracts and leases;
(c) To contract with an education service provider for the management and operation of the public charter school so long as the school's governing board retains oversight authority over the school;
(d) To incur debt in reasonable anticipation of the receipt of public or private funds;
(e) To pledge, assign or encumber its assets to be used as collateral for loans or extensions of credit;
(f) To solicit and accept any gifts or grants for school purposes subject to applicable laws and the terms of its charter contract;
(g) To acquire real property for use as its facility or facilities, from public or private sources; and
(h) To sue and be sued in its own name.
(4) General requirements.
(a) A public charter school shall not discriminate against any person on the basis of race, creed, color, sex, disability, or national origin or any other category that would be unlawful if done by a noncharter public school.
(b) No public charter school may engage in any sectarian practices in its educational program, admissions or employment policies, or operations.
(c) A public charter school shall not discriminate against any student on the basis of national origin, minority status, or limited proficiency in English. Consistent with federal civil rights laws, public charter schools shall provide limited English proficient students with appropriate services designed to teach them English and the general curriculum.
(d) A public charter school shall not charge tuition and shall abide by Section 37-7-335 of state law in the establishment and waiver of fees.
(e) The terms of each public charter school shall include a transportation plan for students that will be attending the charter school. Charter schools shall comply with transportation regulations application to all other school districts under Section 37-41-3. The transportation must be provided by the public charter school within the district in which the public charter school is located.
(f) The powers, obligations and responsibilities set forth in the charter contract cannot be delegated or assigned by either party.
(5) Applicability of other laws, rules and regulations.
(a) Public charter schools shall be subject to the same civil rights, health and safety requirements applicable to other public schools in the state, except as otherwise specifically provided in this act.
(b) Public charter schools shall be subject to the student assessment and accountability requirements applicable to other public schools in the state, but nothing herein shall preclude a public charter school from establishing additional student assessment measures that go beyond state requirements if the school's authorizer approves such measures.
(c) Public charter school governing boards shall be subject to and comply with state open meetings and public records laws.
(6) Public charter school employees.
(a) Public charter schools shall comply with applicable federal laws, rules, and regulations regarding the qualification of teachers and other instructional staff. Fifty percent (50%) of teachers in a public charter school may be exempt from state teacher certification requirements. Administrators of public charter schools are exempt from state administrator certification requirements. However, teachers and administrators shall have a bachelor's degree as a minimum requirement.
(b) Employees in public charter schools shall have the same rights and privileges as other public school employees except as otherwise stated herein; however, such employees shall not be subject to the provisions of the Education Employment Procedures law, Section 32-9-103, and shall not be deemed as members of the Public Employees' Retirement System.
(c) Employees in public charter schools are eligible for participation in retirement and other benefits programs if the public charter school chooses to participate.
(d) Teachers and other school personnel, as well as governing board trustees, shall be subject to criminal history record checks and fingerprinting requirements applicable to other public schools.
(e) Teachers and administrators shall be subject to disqualification or termination for sexual misconduct as is applicable to other public schools under Section 37-3-2(g)(h) and (i).
(7) Access to interscholastic activities. A public charter school shall be eligible for state-sponsored or district-sponsored interscholastic leagues, competitions, awards, scholarships and recognition programs for students, educators, administrators and schools to the same extent as noncharter public schools.
SECTION 9. Funding. (1) Enrollment.
(a) Each public charter school shall annually certify to the State Department of Education its student enrollment, average daily attendance and student participation in the national school lunch program, special education, vocational education, gifted education, alternative school program and federal programs, in the same manner as school districts.
(b) Each public charter school shall annually certify to the tax collector in the county in which the charter school is located the number of enrolled public charter school students residing in each school district in the county. In the event a student enrolled in a public charter school resides in an adjoining county, the public charter school shall certify this enrollment to the tax collector of the county where the student resides.
(c) By October 15 of each year, the State Department of Education shall send each tax collector of any county in which is located a public charter school the current amount of ad valorem millage for operations in dollars per pupil which is levied for the support of each school district located in every county in the state based upon the certified budget request in dollars for the first month of enrollment. The ad valorem millage for operations in dollars to be reported shall include all levies for the support of the school district under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy), plus an estimated amount each district anticipates to receive for in lieu payments, and shall not include any taxes levied for the retirement of school district bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs.
(2) Operational funding.
(a) The State Department of Education shall make payments to public charter schools for each student in average daily attendance at the public charter school equal to the state share of the adequate education program payments for each student in average daily attendance at the public school district in which the public charter school is located. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides, to be determined as provided in Section 37-151-7(2)(a).
(b) The tax collector in the county in which the public charter school is located shall pay directly to the public charter school an amount for each student enrolled in the public charter school equal to the ad valorem taxes levied and in lieu payments per pupil for the support of the school district in which the student resides, and the tax collector shall withhold an equal amount from the local school district in which the public charter school student resides. The pro rata ad valorem taxes and in lieu payments to be transferred to the public charter school shall include all levies for the support of the school district under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy) and shall not include any taxes levied for the retirement of school district bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. In the event a student attending the public charter school resides in an adjoining county, it shall be the responsibility of the tax collector of the county of the student's residence to make local ad valorem payments under this section to the public charter school, but in no event shall such payment exceed the pro rata amount of the local ad valorem payment for the local contribution to the adequate education program under Section 37-57-1 for the school district in which the student resides. Payments made pursuant to this section by the tax collector to the charter schools shall be made at the same time and manner as funds are distributed to the school districts in the county on a per pupil basis. It shall be the duty of the tax collector to verify that payments of local school district ad valorem and in lieu receipts made to public charter schools and withheld from local school districts are based on the number of students actually attending the public charter school. If the tax collector collects ad valorem receipts for multiple school districts, the tax collecting entity will ensure that the deductions from each local school district's ad valorem and in lieu receipts that are diverted to the charter school are based on the number of students attending the charter school that reside in each local school district.
(3) Payment schedule. Payments made pursuant to this section by the State Department of Education shall be made in twelve (12) substantially equal installments each year at the same time and in the same manner as adequate education program payments are made to public school districts. Amounts payable under this section shall be determined by the State Department of Education. Amounts payable to a public charter school in its first year of operation shall be based on the projections of initial-year enrollment and federal school level funding set forth in the charter contracts. Such projections shall be reconciled with the average daily attendance at the end of the school's first year of operation, and any necessary adjustments shall be made to payments during the school's second year of operation.
(4) Categorical funding.
(a) The state shall direct the proportionate share of monies generated under federal and state categorical aid programs, including special education, vocational, gifted and alternative school programs, to public charter schools serving students eligible for such aid. The state shall ensure that public charter schools with rapidly expanding enrollments are treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each public charter school that serves students who may be eligible to receive services provided through such programs shall comply with all reporting requirements to receive the aid.
(b) A public charter school shall pay to a local school district any federal or state aid attributable to a student with a disability attending a public charter school in proportion to the level of services for such student that the local school district provides directly or indirectly.
(c) At either party's request, a public charter school and a local school district may negotiate and include in the charter contract alternate arrangements for the provision of and payment for special education services, including, but not necessarily limited to, a reasonable reserve not to exceed five percent (5%) of the local school district's total budget for providing special education services. The reserve shall only be used by the local school district to offset excess costs of providing services to students with disabilities enrolled in one (1) of the public charter schools that has paid into it.
(5) Generally accepted accounting principles independent audit.
(a) A public charter school shall adhere to generally accepted accounting principles.
(b) A public charter school shall annually engage an external auditor to do an independent audit of the school's finances. A public charter school shall file a copy of each audit report and accompanying management letter to the authorizer by July 30.
(6) Transportation funding.
(a) The State Department of Education shall disburse state transportation funding to a public charter school on the same basis and in the same manner as it is paid to school districts under the adequate education program.
(b) A public charter school may enter into a contract with a school district or private provider to provide transportation to the school's students.
(7) Budget reserves. Any monies received by a public charter school from any source and remaining in the public charter school's accounts at the end of any budget year shall remain in the public charter school's accounts for use by the public charter school during subsequent budget years.
(8) Ability to accept gifts, donations and grants. Nothing in this act shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of a public charter school. The governing board of a public charter school is authorized to accept gifts, donations and grants of any kind made to the public charter school and to expend or use such gifts, donations and grants in accordance with the conditions prescribed by the donor; provided, however, that no gift, donation or grant may be accepted if subject to a condition that is contrary to any provision of law or term of the charter contract.
(9) This act expressly prohibits the payment of state funds to virtual public charter schools and/or their management organizations.
SECTION 10. Facilities. (1) Access to district facilities and land. A public charter school shall have a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or unused portions of a public school facility or property located in a school district from which it draws its students if the school district decides to sell or lease the public school facility or property.
(2) Contracting for use of facilities. A public charter school may negotiate and contract at or below fair market value with a school district, the governing body of a state college or university or public community college, or any other public or for-profit or nonprofit private entity for the use of facility for a school building.
(3) Use of other facilities under preexisting zoning and land use designations. Library, community service, museum, performing arts, theatre, cinema, church, community college, college and university facilities may provide space to public charter schools within their facilities under their preexisting zoning and land use designations.
SECTION 11. Section 37-151-7, Mississippi Code of 1972, is amended as follows:
37-151-7. The annual allocation to each school district for the operation of the adequate education program shall be determined as follows:
(1) Computation of the basic amount to be included for current operation in the adequate education program. The following procedure shall be followed in determining the annual allocation to each school district:
(a) Determination of average daily attendance. Effective with fiscal year 2011, the State Department of Education shall determine the percentage change from the prior year of each year of each school district's average of months two (2) and three (3) average daily attendance (ADA) for the three (3) immediately preceding school years of the year for which funds are being appropriated. For any school district that experiences a positive growth in the average of months two (2) and three (3) ADA each year of the three (3) years, the average percentage growth over the three-year period shall be multiplied times the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated. The resulting amount shall be added to the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated to arrive at the ADA to be used in determining a school district's MAEP allocation. Otherwise, months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated will be used in determining a school district's MAEP allocation. In any fiscal year prior to 2010 in which the MAEP formula is not fully funded, for those districts that do not demonstrate a three-year positive growth in months two (2) and three (3) ADA, months one (1) through nine (9) ADA of the second preceding year for which funds are being appropriated or months two (2) and three (3) ADA of the preceding year for which funds are being appropriated, whichever is greater, shall be used to calculate the district's MAEP allocation. The district's average daily attendance shall be computed and currently maintained in accordance with regulations promulgated by the State Board of Education.
(b) Determination of base student cost. Effective with fiscal year 2011 and every fourth fiscal year thereafter, the State Board of Education, on or before August 1, with adjusted estimate no later than January 2, shall submit to the Legislative Budget Office and the Governor a proposed base student cost adequate to provide the following cost components of educating a pupil in a successful school district: (i) Instructional Cost; (ii) Administrative Cost; (iii) Operation and Maintenance of Plant; and (iv) Ancillary Support Cost. For purposes of these calculations, the Department of Education shall utilize financial data from the second preceding year of the year for which funds are being appropriated.
For the instructional cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of a number of teachers per one thousand (1,000) students that is between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average of teachers per one thousand (1,000) students. The instructional cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA into the instructional expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:
Fund 1120 Functions 1110-1199 Objects 100-999, Functions
1210, 1220, 2150-2159 Objects 210 and 215;
Fund 1130 All Functions, Object Code 210 and 215;
Fund 2001 Functions 1110-1199 Objects 100-999;
Fund 2070 Functions 1110-1199 Objects 100-999;
Fund 2420 Functions 1110-1199 Objects 100-999;
Fund 2711 All Functions, Object Code 210 and 215.
Prior to the calculation of the instructional cost component, there shall be subtracted from the above expenditures any revenue received for Chickasaw Cession payments, Master Teacher Certification payments and the district's portion of state revenue received from the MAEP at-risk allocation.
For the administrative cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of an administrative staff to nonadministrative staff between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average administrative staff to nonadministrative staff. The administrative cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA of the selected districts into the administrative expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:
Fund 1120 Functions 2300-2599, Functions 2800-2899,
Objects 100-999;
Fund 2711 Functions 2300-2599, Functions 2800-2899,
Objects 100-999.
For the plant and maintenance cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of plant and maintenance expenditures per one hundred thousand (100,000) square feet of building space and a ratio of maintenance workers per one hundred thousand (100,000) square feet of building space that are both between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average. The plant and maintenance cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA of the selected districts into the plant and maintenance expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:
Fund 1120 Functions 2600-2699, Objects 100-699
and Objects 800-999;
Fund 2711 Functions 2600-2699, Objects 100-699
and Objects 800-999;
Fund 2430 Functions 2600-2699, Objects 100-699
and Objects 800-999.
For the ancillary support cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of a number of librarians, media specialists, guidance counselors and psychologists per one thousand (1,000) students that is between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average of librarians, media specialists, guidance counselors and psychologists per one thousand (1,000) students. The ancillary cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA into the ancillary expenditures instructional expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:
Fund 1120 Functions 2110-2129, Objects 100-999;
Fund 1120 Functions 2140-2149, Objects 100-999;
Fund 1120 Functions 2220-2229, Objects 100-999;
Fund 2001 Functions 2100-2129, Objects 100-999;
Fund 2001 Functions 2140-2149, Objects 100-999;
Fund 2001 Functions 2220-2229, Objects 100-999.
The total base cost for each year shall be the sum of the instructional cost component, administrative cost component, plant and maintenance cost component and ancillary support cost component, and any estimated adjustments for additional state requirements as determined by the State Board of Education. Provided, however, that the base student cost in fiscal year 1998 shall be Two Thousand Six Hundred Sixty-four Dollars ($2,664.00).
For each of the fiscal years between the recalculation of the base student cost under the provisions of this paragraph (b), the base student cost shall be increased by an amount equal to forty percent (40%) of the base student cost for the previous fiscal year, multiplied by the latest annual rate of inflation for the State of Mississippi as determined by the State Economist, plus any adjustments for additional state requirements such as, but not limited to, teacher pay raises and health insurance premium increases.
(c) Determination of the basic adequate education program cost. The basic amount for current operation to be included in the Mississippi Adequate Education Program for each school district shall be computed as follows:
Multiply the average daily attendance of the district by the base student cost as established by the Legislature, which yields the total base program cost for each school district.
(d) Adjustment to the base student cost for at-risk pupils. The amount to be included for at-risk pupil programs for each school district shall be computed as follows: Multiply the base student cost for the appropriate fiscal year as determined under paragraph (b) by five percent (5%), and multiply that product by the number of pupils participating in the federal free school lunch program in such school district, which yields the total adjustment for at-risk pupil programs for such school district.
(e) Add-on program cost. The amount to be allocated to school districts in addition to the adequate education program cost for add-on programs for each school district shall be computed as follows:
(i) Transportation cost shall be the amount allocated to such school district for the operational support of the district transportation system from state funds.
(ii) Vocational or technical education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(iii) Special education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(iv) Gifted education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(v) Alternative school program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(vi) Extended school year programs shall be the amount allocated to school districts for those programs authorized by law which extend beyond the normal school year.
(vii) University-based programs shall be the amount allocated to school districts for those university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq., Mississippi Code of 1972.
(viii) Bus driver training programs shall be the amount provided for those driver training programs as provided for in Section 37-41-1, Mississippi Code of 1972.
The sum of the items listed above (i) transportation, (ii) vocational or technical education, (iii) special education, (iv) gifted education, (v) alternative school, (vi) extended school year, (vii) university-based, and (viii) bus driver training shall yield the add-on cost for each school district.
(f) Total projected adequate education program cost. The total Mississippi Adequate Education Program cost shall be the sum of the total basic adequate education program cost (paragraph (c)), and the adjustment to the base student cost for at-risk pupils (paragraph (d)) for each school district. In any year in which the MAEP is not fully funded, the Legislature shall direct the Department of Education in the K-12 appropriation bill as to how to allocate MAEP funds to school districts for that year.
(g) The State Auditor shall annually verify the State Board of Education's estimated calculations for the Mississippi Adequate Education Program that are submitted each year to the Legislative Budget Office on August 1 and the final calculation that is submitted on January 2.
(2) Computation of the required local revenue in support of the adequate education program. The amount that each district shall provide toward the cost of the adequate education program shall be calculated as follows:
(a) The State Department of Education shall certify to each school district that twenty-eight (28) mills, less the estimated amount of the yield of the School Ad Valorem Tax Reduction Fund grants as determined by the State Department of Education, is the millage rate required to provide the district required local effort for that year, or twenty-seven percent (27%) of the basic adequate education program cost for such school district as determined under paragraph (c), whichever is a lesser amount. In the case of an agricultural high school, the millage requirement shall be set at a level which generates an equitable amount per pupil to be determined by the State Board of Education. Local contribution amount for school districts in which public charter school students reside will be calculated using the following methodology: using the adequate education program twenty-eight (28) mill value, or the twenty-seven percent (27%) cap amount (whichever is less) for each public school district with a student attending the charter school, an average per pupil amount will be calculated. This average per pupil amount will be multiplied times the number of students attending the charter school from the resident district. The sum becomes the charter school's local contribution to the adequate education program.
(b) The State Department of Education shall determine (i) the total assessed valuation of nonexempt property for school purposes in each school district; (ii) assessed value of exempt property owned by homeowners aged sixty-five (65) or older or disabled as defined in Section 27-33-67(2), Mississippi Code of 1972; (iii) the school district's tax loss from exemptions provided to applicants under the age of sixty-five (65) and not disabled as defined in Section 27-33-67(1), Mississippi Code of 1972; and (iv) the school district's homestead reimbursement revenues.
(c) The amount of the total adequate education program funding which shall be contributed by each school district shall be the sum of the ad valorem receipts generated by the millage required under this subsection plus the following local revenue sources for the appropriate fiscal year which are or may be available for current expenditure by the school district:
One hundred percent (100%) of Grand Gulf income as prescribed in Section 27-35-309.
One hundred percent (100%) of any fees in lieu of taxes as prescribed in Section 27-31-104.
(3) Computation of the required state effort in support of the adequate education program.
(a) The required state effort in support of the adequate education program shall be determined by subtracting the sum of the required local tax effort as set forth in subsection (2)(a) of this section and the other local revenue sources as set forth in subsection (2)(c) of this section in an amount not to exceed twenty-seven percent (27%) of the total projected adequate education program cost as set forth in subsection (1)(f) of this section from the total projected adequate education program cost as set forth in subsection (1)(f) of this section.
(b) Provided, however, that in fiscal year 1998 and in the fiscal year in which the adequate education program is fully funded by the Legislature, any increase in the said state contribution to any district calculated under this section shall be not less than eight percent (8%) in excess of the amount received by said district from state funds for the fiscal year immediately preceding. For purposes of this paragraph (b), state funds shall include minimum program funds less the add-on programs, State Uniform Millage Assistance Grant Funds, Education Enhancement Funds appropriated for Uniform Millage Assistance Grants and state textbook allocations, and State General Funds allocated for textbooks.
(c) If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a school term of a scholastic year as required in Section 37-13-63, Mississippi Code of 1972, due to an enemy attack, a man-made, technological or natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, said school board may notify the State Department of Education of such disaster and submit a plan for altering the school term. If the State Board of Education finds such disaster to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor's or President's disaster declaration, it may permit said school board to operate the schools in its district for less than one hundred eighty (180) days and, in such case, the State Department of Education shall not reduce the state contributions to the adequate education program allotment for such district, because of the failure to operate said schools for one hundred eighty (180) days.
(4) The Interim School District Capital Expenditure Fund is hereby established in the State Treasury which shall be used to distribute any funds specifically appropriated by the Legislature to such fund to school districts entitled to increased allocations of state funds under the adequate education program funding formula prescribed in Sections 37-151-3 through 37-151-7, Mississippi Code of 1972, until such time as the said adequate education program is fully funded by the Legislature. The following percentages of the total state cost of increased allocations of funds under the adequate education program funding formula shall be appropriated by the Legislature into the Interim School District Capital Expenditure Fund to be distributed to all school districts under the formula: Nine and two-tenths percent (9.2%) shall be appropriated in fiscal year 1998, twenty percent (20%) shall be appropriated in fiscal year 1999, forty percent (40%) shall be appropriated in fiscal year 2000, sixty percent (60%) shall be appropriated in fiscal year 2001, eighty percent (80%) shall be appropriated in fiscal year 2002, and one hundred percent (100%) shall be appropriated in fiscal year 2003 into the state adequate education program Fund. Until July 1, 2002, such money shall be used by school districts for the following purposes:
(a) Purchasing, erecting, repairing, equipping, remodeling and enlarging school buildings and related facilities, including gymnasiums, auditoriums, lunchrooms, vocational training buildings, libraries, school barns and garages for transportation vehicles, school athletic fields and necessary facilities connected therewith, and purchasing land therefor. Any such capital improvement project by a school district shall be approved by the State Board of Education, and based on an approved long-range plan. The State Board of Education shall promulgate minimum requirements for the approval of school district capital expenditure plans.
(b) Providing necessary water, light, heating, air conditioning, and sewerage facilities for school buildings, and purchasing land therefor.
(c) Paying debt service on existing capital improvement debt of the district or refinancing outstanding debt of a district if such refinancing will result in an interest cost savings to the district.
(d) From and after October 1, 1997, through June 30, 1998, pursuant to a school district capital expenditure plan approved by the State Department of Education, a school district may pledge such funds until July 1, 2002, plus funds provided for in paragraph (e) of this subsection (4) that are not otherwise permanently pledged under such paragraph (e) to pay all or a portion of the debt service on debt issued by the school district under Sections 37-59-1 through 37-59-45, 37-59-101 through 37-59-115, 37-7-351 through 37-7-359, 37-41-89 through 37-41-99, 37-7-301, 37-7-302 and 37-41-81, Mississippi Code of 1972, or debt issued by boards of supervisors for agricultural high schools pursuant to Section 37-27-65, Mississippi Code of 1972, or lease-purchase contracts entered into pursuant to Section 31-7-13, Mississippi Code of 1972, or to retire or refinance outstanding debt of a district, if such pledge is accomplished pursuant to a written contract or resolution approved and spread upon the minutes of an official meeting of the district's school board or board of supervisors. It is the intent of this provision to allow school districts to irrevocably pledge their Interim School District Capital Expenditure Fund allotments as a constant stream of revenue to secure a debt issued under the foregoing code sections. To allow school districts to make such an irrevocable pledge, the state shall take all action necessary to ensure that the amount of a district's Interim School District Capital Expenditure Fund allotments shall not be reduced below the amount certified by the department or the district's total allotment under the Interim Capital Expenditure Fund if fully funded, so long as such debt remains outstanding.
(e) [Repealed]
(f) [Repealed]
(g) The State Board of Education may authorize the school district to expend not more than twenty percent (20%) of its annual allotment of such funds or Twenty Thousand Dollars ($20,000.00), whichever is greater, for technology needs of the school district, including computers, software, telecommunications, cable television, interactive video, film, low-power television, satellite communications, microwave communications, technology-based equipment installation and maintenance, and the training of staff in the use of such technology-based instruction. Any such technology expenditure shall be reflected in the local district technology plan approved by the State Board of Education under Section 37-151-17, Mississippi Code of 1972.
(h) To the extent a school district has not utilized twenty percent (20%) of its annual allotment for technology purposes under paragraph (g), a school district may expend not more than twenty percent (20%) of its annual allotment or Twenty Thousand Dollars ($20,000.00), whichever is greater, for instructional purposes. The State Board of Education may authorize a school district to expend more than said twenty percent (20%) of its annual allotment for instructional purposes if it determines that such expenditures are needed for accreditation purposes.
(i) The State Department of Education or the State Board of Education may require that any project commenced under this section with an estimated project cost of not less than Five Million Dollars ($5,000,000.00) shall be done only pursuant to program management of the process with respect to design and construction. Any individuals, partnerships, companies or other entities acting as a program manager on behalf of a local school district and performing program management services for projects covered under this subsection shall be approved by the State Department of Education.
Any interest accruing on any unexpended balance in the Interim School District Capital Expenditure Fund shall be invested by the State Treasurer and placed to the credit of each school district participating in such fund in its proportionate share.
The provisions of this subsection (4) shall be cumulative and supplemental to any existing funding programs or other authority conferred upon school districts or school boards.
(5) The State Department of Education shall make payments to public charter schools for each student in average daily attendance at the public charter school equal to the state share of the adequate education program payments for each student in average daily attendance at the public school district in which the public charter school is located. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides as determined in subsection (2)(a).
SECTION 12. Section 37-57-107, Mississippi Code of 1972, is amended as follows:
37-57-107. (1) Beginning with the tax levy for the 1997 fiscal year and for each fiscal year thereafter, the aggregate receipts from taxes levied for school district purposes pursuant to Sections 37-57-105 and 37-57-1 shall not exceed the aggregate receipts from those sources during any one (1) of the immediately preceding three (3) fiscal years, as determined by the school board, plus an increase not to exceed seven percent (7%). For the purpose of this limitation, the term "aggregate receipts" when used in connection with the amount of funds generated in a preceding fiscal year shall not include excess receipts required by law to be deposited into a special account, however the term "aggregate receipts" shall include any receipts required by law to be diverted to a public charter school. The additional revenue from the ad valorem tax on any newly constructed properties or any existing properties added to the tax rolls or any properties previously exempt which were not assessed in the next preceding year may be excluded from the seven percent (7%) increase limitation set forth herein. Taxes levied for payment of principal of and interest on general obligation school bonds issued heretofore or hereafter shall be excluded from the seven percent (7%) increase limitation set forth herein. Any additional millage levied to fund any new program mandated by the Legislature shall be excluded from the limitation for the first year of the levy and included within such limitation in any year thereafter. For the purposes of this section, the term "new program" shall include, but shall not be limited to, (a) the Early Childhood Education Program required to commence with the 1986-1987 school year as provided by Section 37-21-7 and any additional millage levied and the revenue generated therefrom, which is excluded from the limitation for the first year of the levy, to support the mandated Early Childhood Education Program shall be specified on the minutes of the school board and of the governing body making such tax levy; (b) any additional millage levied and the revenue generated therefrom which shall be excluded from the limitation for the first year of the levy, for the purpose of generating additional local contribution funds required for the adequate education program for the 2003 fiscal year and for each fiscal year thereafter under Section 37-151-7(2); and (c) any additional millage levied and the revenue generated therefrom which shall be excluded from the limitation for the first year of the levy, for the purpose of support and maintenance of any agricultural high school which has been transferred to the control, operation and maintenance of the school board by the board of trustees of the community college district under provisions of Section 37-29-272.
(2) The seven percent (7%) increase limitation prescribed in this section may be increased an additional amount only when the school board has determined the need for additional revenues and has held an election on the question of raising the limitation prescribed in this section. The limitation may be increased only if three-fifths (3/5) of those voting in the election shall vote for the proposed increase. The resolution, notice and manner of holding the election shall be as prescribed by law for the holding of elections for the issuance of bonds by the respective school boards. Revenues collected for the fiscal year in excess of the seven percent (7%) increase limitation pursuant to an election shall be included in the tax base for the purpose of determining aggregate receipts for which the seven percent (7%) increase limitation applies for subsequent fiscal years.
(3) Except as otherwise provided for excess revenues generated pursuant to an election, if revenues collected as the result of the taxes levied for the fiscal year pursuant to this section and Section 37-57-1 exceed the increase limitation, then it shall be the mandatory duty of the school board of the school district to deposit such excess receipts over and above the increase limitation into a special account and credit it to the fund for which the levy was made. It will be the further duty of such board to hold said funds and invest the same as authorized by law. Such excess funds shall be calculated in the budgets for the school districts for the purpose for which such levies were made, for the succeeding fiscal year. Taxes imposed for the succeeding year shall be reduced by the amount of excess funds available. Under no circumstances shall such excess funds be expended during the fiscal year in which such excess funds are collected.
(4) For the purposes of determining ad valorem tax receipts for a preceding fiscal year under this section, the term "fiscal year" means the fiscal year beginning October 1 and ending September 30.
(5) Effective with the 2012-2013 school year, the tax collector in the county in which the public charter school is located shall pay directly to the public charter school an amount for each student enrolled in the public charter school equal to the ad valorem taxes levied per pupil for the support of the school district in which the student resides, and the tax collector shall withhold an equal amount from the local school district in which the public charter school student resides. The pro rata ad valorem taxes to be transferred to the public charter school shall include all levies for the support of the school district under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy) and shall not include any taxes levied for the retirement of school district bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. In the event a student attending the public charter school resides in an adjoining county, it shall be the responsibility of the tax collector of the county of the student's residence to make local ad valorem payments under this section to the public charter school, but in no event shall such payment exceed the pro rata amount of the local ad valorem payment for the local contribution to the adequate education program under Section 37-57-1 for the school district in which the student resides. Payments made pursuant to this section by the tax collector to the charter schools shall be made at the same time and manner as funds are distributed to the school districts in the county on a per pupil basis.
(6) Any funds withheld from the school district for the purpose of making pro rata payments of ad valorem taxes levied in the school district to any public charter school located in the school district shall not be considered a shortfall within the meaning of Section 37-57-108.
SECTION 13. Section 37-9-103, Mississippi Code of 1972, is amended as follows:
37-9-103. (1) As used in Sections 37-9-101 through 37-9-113, the word "employee" shall include:
(a) Any teacher, principal, superintendent or other professional personnel employed by the local school district for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or
(b) Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment.
(2) (a) The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school district after the Governor declares a state of emergency under the provisions of Section 37-17-6(11). The Education Employment Procedures Law shall not be applicable in any school district for the full period of time that those conditions, as defined in Section 37-17-6(11), exist.
(b) The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school that is a new start school, as provided for under Section 37-167-1.
(c) The Education Employment Procedures Law shall not apply to any category of teacher, administrator or employee of a public charter school established under the terms and provisions of this act.
(3) For purposes of Sections 37-9-101 through 37-9-113, the term "days" means calendar days.
SECTION 14. Section 37-13-63, Mississippi Code of 1972, is amended as follows:
37-13-63. (1) Except as otherwise provided, all public schools in the state and public charter schools shall be kept in session for at least one hundred eighty (180) days in each scholastic year.
(2) If the school board of any school district or the governing board of the public charter school shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a scholastic year as contemplated due to an enemy attack, a man-made, technological or natural disaster or extreme weather emergency in which the Governor has declared a disaster or state of emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board may notify the State Department of Education of the disaster or weather emergency, and the local governing board of the public charter school may notify the Mississippi Public Charter School Authorizer Board, and submit a plan for altering the school term. If the State Board of Education, or the Mississippi Public Charter School Authorizer Board, as the case may be, finds the disaster or extreme weather emergency to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor's or President's disaster or state of emergency declaration, it may permit that school board to operate the schools in its district for less than one hundred eighty (180) days; however, in no instance of a declared disaster or state of emergency under the provisions of this subsection shall a school board or a public charter school receive payment from the State Department of Education for per pupil expenditure for pupils in average daily attendance in excess of ten (10) days.
SECTION 15. Section 37-13-91, Mississippi Code of 1972, is amended as follows:
37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law."
(2) The following terms as used in this section are defined as follows:
(a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted.
(b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction.
(c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child.
(d) "School day" means not less than five (5) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork.
(e) "School" means any public school in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade.
(f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program. Provided, however, that the parent or guardian of any child enrolled in a full-day public school kindergarten program shall be allowed to disenroll the child from the program on a one-time basis, and such child shall not be deemed a compulsory-school-age child until the child attains the age of six (6) years.
(g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89.
(h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster.
(i) (i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs.
(ii) "Public charter school" means a public charter school as defined in Section 3 of this act and approved to operate by the Mississippi Public Charter School Authorizer Board.
(3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school, a legitimate nonpublic school or a public charter school for the period of time that the child is of compulsory school age, except under the following circumstances:
(a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation.
(b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for handicapped or physically or mentally disadvantaged children.
(c) When a compulsory-school-age child is being educated in a legitimate home instruction program.
The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any nonpublic school or public charter school, or the appropriate school official for any or all children attending a nonpublic school or public charter school shall complete a "certificate of enrollment" in order to facilitate the administration of this section.
The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only:
(i) The name, address, telephone number and date of birth of the compulsory-school-age child;
(ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child;
(iii) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a nonpublic school, the name and address of the school; and
(iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a nonpublic school or public charter school, the signature of the appropriate school official and the date signed.
The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section. However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or legitimate home instruction program or public charter school and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection.
For the purposes of this subsection, a legitimate nonpublic school, public charter school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law.
(4) An "unlawful absence" is an absence during a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school.
Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee:
(a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity.
(b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school.
(c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official.
(d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters.
(e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child.
(f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness.
(g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child.
(h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence, but the approval shall not be unreasonably withheld.
(i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law.
(5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39.
Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance.
(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent or his designee shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.
(7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92.
(8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section.
(9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program.
SECTION 16. Sections 37-165-1, 37-165-3, 37-165-5, 37-165-7, 37-165-9, 37-165-11, 37-165-13, 37-165-15, 37-165-17, 37-165-19, 37-165-21, 37-165-23, 37-165-25 and 37-165-27, Mississippi Code of 1972, which are the "Conversion Charter School Act of 2010," and Section 37-167-1, Mississippi Code of 1972, which is the New Start School Program, are repealed.
SECTION 17. This act shall take effect and be in force from and after July 1, 2012, provided that Sections 1 through 10 shall stand repealed from and after July 1, 2020.