MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education
By: Senator(s) Tollison
AN ACT ENTITLED THE "MISSISSIPPI PUBLIC CHARTER SCHOOLS ACT OF 2013"; TO DECLARE THE LEGISLATIVE PURPOSE OF THE PUBLIC CHARTER SCHOOLS ACT; TO PROHIBIT CONVERSION OF PRIVATE OR PAROCHIAL SCHOOLS 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 SCHOOL AUTHORIZING BOARD AND PRESCRIBE ITS MEMBERSHIP; TO PROVIDE FOR AN EXECUTIVE DIRECTOR OF THE MISSISSIPPI PUBLIC CHARTER SCHOOL AUTHORIZING 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 37-151-5, 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 LOCAL SCHOOL DISTRICT 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 AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE AUTOMATIC TRANSFER OF STUDENTS ATTENDING PUBLIC CHARTER SCHOOLS FROM THE SCHOOLS OF THE STUDENT'S HOME DISTRICT; TO AMEND SECTION 25-11-103, MISSISSIPPI CODE OF 1972, TO INCLUDE PUBLIC CHARTER SCHOOLS IN THE DEFINITION OF POLITICAL SUBDIVISION FOR PURPOSES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; 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 2013."
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 with a likelihood 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 "authorizer" means the Mississippi Public Charter School Authorizing 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.
(d) 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.
(e) A "conversion public charter school" means a charter school that existed as a noncharter public school before becoming a public charter school.
(f) 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.
(g) 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.
(h) A "local school board" means a school board exercising management and control of a local school district pursuant to state statutes.
(i) 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.
(j) 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.
(k) A "parent" means a parent, guardian or other person or entity having legal custody of a child.
(l) 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.
(m) A "start-up public charter school" means a public charter school that did not exist as a noncharter public school. Private schools or affiliated private school groups may not form a start-up public charter school.
(n) A "student" means any child who is eligible for attendance in public schools in the state.
(o) An "underserved student" means a student who has an economic or academic disadvantage that requires special services and assistance to succeed in educational programs. The term includes, but is not necessarily limited to, students who are members of economically disadvantaged families, students who are identified as having special educational needs, students who are limited in English proficiency, and students who do not meet minimum standards of academic proficiency.
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 subsection (2)(d) of this section.
(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 underserved student composition of the charter school enrollment shall collectively reflect that of students of all school ages attending the school district in which the charter school is located, to be defined for the purposes of this act as being at least eighty percent (80%) of that population. In the event that the underserved student composition of an applicant's or charter school's enrollment is less than eighty percent (80%) of the enrollment of students of all school ages in the school district in which the charter school is located, despite its best efforts, the authorizer shall consider the charter school's recruitment efforts and the underserved student composition of the applicant pool in determining whether the charter school is operating in a nondiscriminatory manner. A finding by the authorizer that the charter school is operating in a discriminatory manner justifies the revocation of a charter.
(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. Charter schools are not permitted to seek demographic information from a student applicant prior to the student being admitted to the charter school.
(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) (a) The Mississippi Public Charter School Authorizing Board created under subsection (2) of this section may authorize public charter schools in any county or municipality in the State of Mississippi.
(b) In school districts with an "A" or "B" rating at the time of application, the Mississippi Public Charter School Authorizing 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 Authorizing Board.
(a) There is hereby established the Mississippi Public Charter School Authorizing 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 Authorizing Board shall be to authorize high-quality public charter schools throughout the state, particularly schools designed to expand opportunities for underserved students, consistent with the purposes of this act.
(c) The Mississippi Public Charter School Authorizing Board shall consist of seven (7) members. Three (3) members shall be appointed by the Governor (one (1) member appointed from each of the Mississippi Supreme Court Districts); three (3) members shall be appointed by the Lieutenant Governor (one (1) member appointed from each of the Mississippi Supreme Court Districts); and one (1) member who shall be appointed by the State Superintendent of 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 Mississippi Public Charter School Authorizing Board members.
(d) Members appointed to the Mississippi Public Charter School Authorizing 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 Authorizing 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 three (3) Mississippi Public Charter School Authorizing 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 three (3) members appointed by the Lieutenant Governor shall be three (3) years and thereafter shall be three (3) years; and the initial term of office for the member appointed by the State Superintendent of Education shall be two (2) 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, 2013.
(f) The authorizing board shall meet as soon as practical after a majority of the board has been confirmed by the Senate, upon the call of the Governor, and shall organize for business by selecting a chairman and adopting rules for the organization and operation of the board and to develop, implement and refine its procedures for authorizing public charter schools. Subsequent meetings shall be called by the chairman.
(g) A member of the Mississippi Public Charter School Authorizing Board may be removed by its original appointing authority 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 Authorizing Board exists, the original appointing authority shall appoint a member for the remaining portion of the term.
(h) The Mississippi Public Charter School Authorizing 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 Authorizing 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.
(3) State Department of Education. The Mississippi State Department of Education shall assist the Mississippi Public Charter School Authorizing 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 liability with respect to all activities related to a public charter school they authorize, unless the person acted in reckless disregard of the safety and well-being of another person or was grossly negligent.
(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 a public charter school in accordance with this act, the authorizer shall receive from the State Department of Education three percent (3%) of annual per-pupil allocations received by a public charter school from state and local funds.
(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 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.
(d) The request for proposals shall include the criteria that will guide the authorizer's decision to approve or deny a charter application.
(e) 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.
(f) 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 adequate community support for and interest in the public charter school sufficient to allow the school to reach its anticipated enrollment, and an assessment of the projected programmatic and fiscal impact on other public and nonpublic schools in the area;
(vii) Background information on the proposed founding governing board members and, if identified, the proposed school leadership and management team;
(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 II 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) A 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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 at a reasonable time and place held in the county and school district where the proposed public charter school is to be located 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) 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 board.
(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.
(d) The charter contract shall be executed within thirty (30) days of approval by the authorizer, unless extraordinary circumstances exist as determined by the authorizer.
(6) Pre-opening requirements or conditions. 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.
(7) Conflict of interest.
(a) An individual is prohibited from serving as a member of the public charter school governing board if the individual, an immediate family member, or the individual's partner is an owner, employee or agent of, or a contractor with a for-profit or nonprofit entity or individual with whom the charter school contracts, directly or indirectly, for professional services, goods or facilities. A violation of this prohibition renders a contract voidable at the option of the authorizer or the public charter school governing board. A member of the public charter school governing board who violates this prohibition is individually liable to the charter school for any damage caused by the violation.
(b) No member of the board of directors, employee, officer or agent of a charter school shall participate in selecting, awarding or administering a contract if a conflict of interest exists. A conflict exists when:
(i) The board member, employee, officer or agent;
(ii) The immediate family of the board member, employee, officer or agent;
(iii) The partner of the board member, employee, officer or agent; or
(iv) An organization that employs, or is about to employ any individual in subparagraphs (i) through (iii) of this paragraph,
has a financial or other interest in the entity with which the charter school is contracting. A violation of this prohibition renders the contract void.
(c) Any employee, agent or board member of the authorizer who participates in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or nonrenewal process or decision is ineligible to serve on the public charter school governing board of a school chartered by that authorizer.
(d) An individual may serve as a member of the public charter school governing board if no conflict of interest under paragraph (a) of this subsection exists.
(e) The conflict of interest provisions under this subsection do not apply to compensation paid to a teacher employed by the charter school who also serves as a member of the public charter school governing board.
(8) Continuing education for charter school board members. Every member of the public charter school governing board shall attend ongoing training throughout the member's term on board governance, including training on the board's role and responsibilities, employment policies and practices, and financial management. A board member who does not (a) begin the required initial training within six (6) months after being seated, and (b) complete that training within twelve (12) months of being seated on the board is ineligible to continue to serve as a board member. The school shall include in its annual report the training attended by each board member during the previous year. Required training may be provided by the Mississippi School Boards Association.
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.
(f) Information needed by the authorizer from the public charter school board to be included in the authorizer's reports shall be required and included as a material part of the charter contract.
(2) Oversight and corrective actions.
(a) The authorizer shall annually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support evaluations according to the charter contract. An 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 time frames will apply.
(d) The authorizer shall have the authority to exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. Such sanctions may include, if warranted, requiring a school to develop and execute a corrective action plan within a specified time frame.
(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 a shorter 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, the authorizer shall:
(i) Base its decisions on 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 may not be renewed if, at the time of the renewal application, the charter school's performance falls in the bottom quintile of schools in the state, unless the charter school demonstrates exceptional circumstances that the authorizer finds justifiable. A charter contract may not be renewed and shall be revoked at any time if the charter school is rated an "F" for two (2) consecutive school years during the charter contract, unless the charter school demonstrates exceptional circumstances that the authorizer finds justifiable.
(h) 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.
(i) 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.
(j) If the 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.
(k) 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 Public Charter School Authorizing Board 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) Desegregation orders. Any charter school applicant shall state in the application whether an active desegregation order or plan applies to the school district where it will be located or to the district(s) from which it intends to recruit students. If a desegregation order or plan applies to the school district where a proposed charter school will be located or in the district(s) from which it will recruit students, a charter school applicant shall include a copy of the order or plan in the application. The charter school applicant shall and the local school district may submit a written evaluation of how the proposed charter school will affect the district's duty to comply with a desegregation order or plan and the district's ability to achieve unitary status. The charter school applicant shall and the local school district may submit a written evaluation of how the proposed charter school will affect the minority and majority percentages of student enrollment in the public school districts located within the school's proposed recruitment area. The Mississippi Public Charter School Authorizing Board shall not approve a charter school application that negatively affects a district's duty to comply with a desegregation order or plan or the district's ability to achieve unitary status.
(6) 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 Charter School Authorizing 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. The reports due from the authorizer to the Legislature and the public shall be coordinated with reports due from public charter school boards, as near as possible, to decrease or eliminate duplication.
SECTION 8. Operations and autonomy. (1) Legal status of public charter school.
(a) A public charter school shall be a nonprofit education organization.
(b) 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.
(c) 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.
(d) 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, Mississippi Code of 1972, 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 applicable 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. Up to twenty-five percent (25%) of teachers in a public charter school may be exempt from state teacher certification requirements at the time the initial application is approved by the authorizer. Administrators of public charter schools are exempt from state administrator certification requirements. However, teachers shall have a bachelor's degree and have demonstrated subject-matter competency as a minimum requirement, and administrators shall have a bachelor's degree as a minimum requirement; and within three (3) years of the date of initial application approval by the authorizer, all teachers shall have, at a minimum, alternative certification approved by the Mississippi Commission on Teacher and Administrator Education, Certification and Licensure and Development.
(b) For the purpose of eligibility for participation in the Public Employees' Retirement System, a public charter school is considered to be a political subdivision of the state. Employees in public charter schools are eligible for participation in other benefits programs if the public charter school governing board chooses to participate.
(c) 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.
(d) 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 certify to the State Department of Education its student enrollment, by student address, date of birth and social security number, the 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 public school districts or as determined by the State Department of Education.
(b) Each public charter school shall certify monthly to the local school district in which a public charter school student resides the number of enrolled public charter school students residing in that local school district.
(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 a student resides who is enrolling in a public charter school. For purposes of this paragraph (a), the state share shall mean the adequate education formula amount only, and shall not include the add-on allocations for special education, vocational education, gifted education, alternative education, and transportation.
(b) The local school district in which a public charter school student resides shall pay directly to the public charter school an amount for each student enrolled in the public charter school equal to the ad valorem tax receipts and in-lieu receipts per pupil for the support of the local school district in which the student resides. The monthly amount is calculated by determining the net membership for each month for both the public school district and the charter school. The public school district shall transfer the pro rata share of that month's ad valorem (operations only) receipts and in-lieu receipts to the charter school based on the percentage of charter school students. The public school district and charter school shall settle at the end of the year based on the average enrollment for the year for both entities. The pro rata ad valorem receipts and in-lieu receipts to be transferred to the public charter school shall include all levies for the support of the local 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 local school district bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. Payments made pursuant to this section by the local school district to the charter schools shall be made at the same time and manner as funds are distributed to the local school districts on a per-pupil basis. It shall be the duty of the public charter schools 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.
(3) Payment schedule. Payments made pursuant to this section by the State Department of Education shall be made to the public charter school in the same manner as adequate education program payments are made to local 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 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, on the same basis and in the same manner as such funding is distributed to the public school districts. 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.
(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 September 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 an agreement with a school district or a contract with a 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.
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 37-151-5, Mississippi Code of 1972, is amended as follows:
37-151-5. As used in Sections 37-151-5 and 37-151-7:
(a) "Adequate program" or "adequate education program" or "Mississippi Adequate Education Program (MAEP)" shall mean the program to establish adequate current operation funding levels necessary for the programs of such school district to meet at least a successful Level III rating of the accreditation system as established by the State Board of Education using current statistically relevant state assessment data.
(b) "Educational programs or elements of programs not included in the adequate education program calculations, but which may be included in appropriations and transfers to school districts" shall mean:
(i) "Capital outlay" shall mean those funds used for the constructing, improving, equipping, renovating or major repairing of school buildings or other school facilities, or the cost of acquisition of land whereon to construct or establish such school facilities.
(ii) "Pilot programs" shall mean programs of a pilot or experimental nature usually designed for special purposes and for a specified period of time other than those included in the adequate education program.
(iii) "Adult education" shall mean public education dealing primarily with students above eighteen (18) years of age not enrolled as full-time public school students and not classified as students of technical schools, colleges or universities of the state.
(iv) "Food service programs" shall mean those programs dealing directly with the nutritional welfare of the student, such as the school lunch and school breakfast programs.
(c) "Base student" shall mean that student classification that represents the most economically educated pupil in a school system meeting the definition of successful, as determined by the State Board of Education.
(d) "Base student cost" shall mean the funding level necessary for providing an adequate education program for one (1) base student, subject to any minimum amounts prescribed in Section 37-151-7(1).
(e) "Add-on program costs" shall mean those items which are included in the adequate education program appropriations and are outside of the program calculations:
(i) "Transportation" shall mean transportation to and from public schools for the students of Mississippi's public schools provided for under law and funded from state funds.
(ii) "Vocational or technical education program" shall mean a secondary vocational or technical program approved by the State Department of Education and provided for from state funds.
(iii) "Special education program" shall mean a program for exceptional children as defined and authorized by Sections 37-23-1 through 37-23-9, and approved by the State Department of Education and provided from state funds.
(iv) "Gifted education program" shall mean those programs for the instruction of intellectually or academically gifted children as defined and provided for in Section 37-23-175 et seq.
(v) "Alternative school program" shall mean those programs for certain compulsory-school-age students as defined and provided for in Sections 37-13-92 and 37-19-22.
(vi) "Extended school year programs" shall mean those programs authorized by law which extend beyond the normal school year.
(vii) "University-based programs" shall mean those university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq.
(viii) "Bus driver training" programs shall mean those driver training programs as provided for in Section 37-41-1.
(f) "Teacher" shall include any employee of a local school who is required by law to obtain a teacher's license from the State Board of Education and who is assigned to an instructional area of work as defined by the State Department of Education.
(g) "Principal" shall mean the head of an attendance center or division thereof.
(h) "Superintendent" shall mean the head of a school district.
(i) "School district" shall mean any type of school district in the State of Mississippi, and shall include agricultural high schools and shall include public charter schools.
(j) "Minimum school term" shall mean a term of at least one hundred eighty (180) days of school in which both teachers and pupils are in regular attendance for scheduled classroom instruction for not less than sixty percent (60%) of the normal school day. It is the intent of the Legislature that any tax levies generated to produce additional local funds required by any school district to operate school terms in excess of one hundred seventy-five (175) days shall not be construed to constitute a new program for the purposes of exemption from the limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs mandated by the Legislature.
(k) The term "transportation density" shall mean the number of transported children in average daily attendance per square mile of area served in a school district, as determined by the State Department of Education.
(l) The term "transported children" shall mean children being transported to school who live within legal limits for transportation and who are otherwise qualified for being transported to school at public expense as fixed by Mississippi state law.
(m) The term "year of teaching experience" shall mean nine (9) months of actual teaching in the public or private schools. In no case shall more than one (1) year of teaching experience be given for all services in one (1) calendar or school year. In determining a teacher's experience, no deduction shall be made because of the temporary absence of the teacher because of illness or other good cause, and the teacher shall be given credit therefor. Beginning with the 2003-2004 school year, the State Board of Education shall fix a number of days, not to exceed forty-five (45) consecutive school days, during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term. If a teacher exceeds the number of days established by the State Board of Education that a teacher may not be under contract but may still be employed, that teacher shall not be credited with a year of teaching experience. In determining the experience of school librarians, each complete year of continuous, full-time employment as a professional librarian in a public library in this or some other state shall be considered a year of teaching experience. If a full-time school administrator returns to actual teaching in the public schools, the term "year of teaching experience" shall include the period of time he or she served as a school administrator. In determining the salaries of teachers who have experience in any branch of the military, the term "year of teaching experience" shall include each complete year of actual classroom instruction while serving in the military. In determining the experience of speech-language pathologists and audiologists, each complete year of continuous full-time postmaster's degree employment in an educational setting in this or some other state shall be considered a year of teaching experience. Provided, however, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees employed after July 1, 2009, who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided in Section 37-19-7 shall not be applicable to any such retired certificated employee.
(n) The term "average daily attendance" shall be the figure which results when the total aggregate attendance during the period or months counted is divided by the number of days during the period or months counted upon which both teachers and pupils are in regular attendance for scheduled classroom instruction less the average daily attendance for self-contained special education classes and, prior to full implementation of the adequate education program the department shall deduct the average daily attendance for the alternative school program provided for in Section 37-19-22.
(o) The term "local supplement" shall mean the amount paid to an individual teacher over and above the adequate education program salary schedule for regular teaching duties.
(p) The term "aggregate amount of support from ad valorem taxation" shall mean the amounts produced by the district's total tax levies for operations.
(q) The term "adequate education program funds" shall mean all funds, both state and local, constituting the requirements for meeting the cost of the adequate program as provided for in Section 37-151-7.
(r) "Department" shall mean the State Department of Education.
(s) "Commission" shall mean the Mississippi Commission on School Accreditation created under Section 37-17-3.
(t) The term "successful school district" shall mean a Level III school district as designated by the State Board of Education using current statistically relevant state assessment data.
(u) "Dual enrollment-dual credit programs" shall mean programs for potential or recent high school student dropouts to dually enroll in their home high school and a local community college in a dual credit program consisting of high school completion coursework and a credential, certificate or degree program at the community college, as provided in Section 37-15-38(19).
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%). * * * In addition, when
a school district has at least ten (10) students residing within the district
but attending a public charter school located within the district or in another
district, then the school district's aggregate receipts shall not be in such
amount that the levying authority must increase its millage to generate such
receipts sufficient to fund the budget submitted by the school district, unless
the levying authority consents to such an increased millage for this purpose.
For these purposes, the term "aggregate receipts" shall not include
excess receipts required by law to be deposited into a special account,
however, the term "aggregate receipts" shall include any receipts 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 2013-2014 school year, the local school district in which a public charter school student resides shall pay directly to the public charter school an amount for each student enrolled in the public charter school equal to the ad valorem tax receipts and in-lieu receipts per pupil for the support of the local school district in which the student resides. The monthly amount is calculated by determining the net membership for each month for both the public school district and the charter school. The public school district shall transfer the pro rata share of that month's ad valorem (operations only) receipts and in-lieu receipts to the charter school based on the percentage of charter school students. The public school district and charter school shall settle at the end of the year based on the average enrollment for the year for both. The pro rata ad valorem receipts and in lieu receipts to be transferred to the public charter school shall include all levies for the support of the local 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 local school district bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. Payments made pursuant to this section by the local school district to the charter schools shall be made at the same time and manner as funds are distributed to the local school districts on a per-pupil basis. It shall be the duty of the public charter schools 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.
(6) Any funds withheld from the local school district for the purpose of making pro rata payments of ad valorem taxes levied in the local school district to any public charter school located in the local school district shall not be considered a revenue shortfall in the budget of the school district.
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 Authorizing Board, and submit a plan for altering the school term. If the State Board of Education, or the Mississippi Public Charter School Authorizing 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 Authorizing 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 a public charter school, or the appropriate school official for any or all children attending a nonpublic school or a 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 a 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 a 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, a 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. Section 37-15-29, Mississippi Code of 1972, is amended as follows:
37-15-29. (1) Except as provided in subsections (2), (3) and (4) of this section, no minor child may enroll in or attend any school except in the school district of his residence, unless such child be lawfully transferred from the school district of his residence to a school in another school district in accord with the statutes of this state now in effect or which may be hereafter enacted.
(2) Those children whose parent(s) or legal guardian(s) are instructional personnel or certificated employees of a school district may at such employee's discretion enroll and attend the school or schools of their parent's or legal guardian's employment regardless of the residence of the child.
(3) No child shall be required to be transported in excess of thirty (30) miles on a school bus from his or her home to school, or in excess of thirty (30) miles from school to his or her home, if there is another school in an adjacent school district located on a shorter school bus transportation route by the nearest traveled road. Those children residing in such geographical situations may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the nearer school, regardless of the residence of the child. In the event the parent or legal guardian of such child and the school board are unable to agree on the school bus mileage required to transport the child from his or her home to school, an appeal shall lie to the State Board of Education, or its designee, whose decision shall be final. The school districts involved in the appeal shall provide the Mississippi Department of Education with any school bus route information requested, including riding the buses as necessary, in order to measure the bus routes in question, as needed by the State Board of Education in considering the appeal.
(4) Those children lawfully transferred from the school district of his residence to a school in another school district prior to July 1, 1992, may, at the discretion of their parent(s) or legal guardian(s), continue to enroll and attend school in the transferee school district. Provided further, that the brother(s) and sister(s) of said children lawfully transferred prior to July 1, 1992, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in the transferee school district.
(5) Those students who are attending a public charter school approved by the Mississippi Public Charter School Authorizing Board under the provisions of the Mississippi Public Charter Schools Act of 2013 shall be exempt from the provisions of this section and there shall be no requirement that the local school board of the student's home school district release the student to attend the public charter school.
SECTION 17. Section 25-11-103, Mississippi Code of 1972, is amended as follows:
25-11-103. (1) The following words and phrases as used in Articles 1 and 3, unless a different meaning is plainly required by the context, have the following meanings:
(a) "Accumulated contributions" means the sum of all the amounts deducted from the compensation of a member and credited to his or her individual account in the annuity savings account, together with regular interest as provided in Section 25-11-123.
(b) "Actuarial cost" means the amount of funds presently required to provide future benefits as determined by the board based on applicable tables and formulas provided by the actuary.
(c) "Actuarial equivalent" means a benefit of equal value to the accumulated contributions, annuity or benefit, as the case may be, when computed upon the basis of such mortality tables as adopted by the board of trustees, and regular interest.
(d) "Actuarial tables" means such tables of mortality and rates of interest as adopted by the board in accordance with the recommendation of the actuary.
(e) "Agency" means any governmental body employing persons in the state service.
(f) "Average compensation" means the average of the four (4) highest years of earned compensation reported for an employee in a fiscal or calendar year period, or combination thereof that do not overlap, or the last forty-eight (48) consecutive months of earned compensation reported for an employee. The four (4) years need not be successive or joined years of service. In computing the average compensation for retirement, disability or survivor benefits, any amount lawfully paid in a lump sum for personal leave or major medical leave shall be included in the calculation to the extent that the amount does not exceed an amount that is equal to thirty (30) days of earned compensation and to the extent that it does not cause the employee's earned compensation to exceed the maximum reportable amount specified in paragraph (k) of this section; however, this thirty-day limitation shall not prevent the inclusion in the calculation of leave earned under federal regulations before July 1, 1976, and frozen as of that date as referred to in Section 25-3-99. In computing the average compensation, no amounts shall be used that are in excess of the amount on which contributions were required and paid, and no nontaxable amounts paid by the employer for health or life insurance premiums for the employee shall be used. If any member who is or has been granted any increase in annual salary or compensation of more than eight percent (8%) retires within twenty-four (24) months from the date that the increase becomes effective, then the board shall exclude that part of the increase in salary or compensation that exceeds eight percent (8%) in calculating that member's average compensation for retirement purposes. The board may enforce this provision by rule or regulation. However, increases in compensation in excess of eight percent (8%) per year granted within twenty-four (24) months of the date of retirement may be included in the calculation of average compensation if satisfactory proof is presented to the board showing that the increase in compensation was the result of an actual change in the position held or services rendered, or that the compensation increase was authorized by the State Personnel Board or was increased as a result of statutory enactment, and the employer furnishes an affidavit stating that the increase granted within the last twenty-four (24) months was not contingent on a promise or agreement of the employee to retire. Nothing in Section 25-3-31 shall affect the calculation of the average compensation of any member for the purposes of this article. The average compensation of any member who retires before July 1, 1992, shall not exceed the annual salary of the Governor.
(g) "Beneficiary" means any person entitled to receive a retirement allowance, an annuity or other benefit as provided by Articles 1 and 3. The term "beneficiary" may also include an organization, estate, trust or entity; however, a beneficiary designated or entitled to receive monthly payments under an optional settlement based on life contingency or under a statutory monthly benefit may only be a natural person. In the event of the death before retirement of any member who became a member of the system before July 1, 2007, and whose spouse and/or children are not entitled to a retirement allowance on the basis that the member has less than four (4) years of service credit, or who became a member of the system on or after July 1, 2007, and whose spouse and/or children are not entitled to a retirement allowance on the basis that the member has less than eight (8) years of service credit, and/or has not been married for a minimum of one (1) year or the spouse has waived his or her entitlement to a retirement allowance under Section 25-11-114, the lawful spouse of a member at the time of the death of the member shall be the beneficiary of the member unless the member has designated another beneficiary after the date of marriage in writing, and filed that writing in the office of the executive director of the board of trustees. No designation or change of beneficiary shall be made in any other manner.
(h) "Board" means the board of trustees provided in Section 25-11-15 to administer the retirement system created under this article.
(i) "Creditable service" means "prior service," "retroactive service" and all lawfully credited unused leave not exceeding the accrual rates and limitations provided in Section 25-3-91 et seq., as of the date of withdrawal from service plus "membership service" and other service for which credit is allowable as provided in Section 25-11-109. Except to limit creditable service reported to the system for the purpose of computing an employee's retirement allowance or annuity or benefits provided in this article, nothing in this paragraph shall limit or otherwise restrict the power of the governing authority of a municipality or other political subdivision of the state to adopt such vacation and sick leave policies as it deems necessary.
(j) "Child" means either a natural child of the member, a child that has been made a child of the member by applicable court action before the death of the member, or a child under the permanent care of the member at the time of the latter's death, which permanent care status shall be determined by evidence satisfactory to the board.
(k) "Earned compensation" means the full amount earned during a fiscal year by an employee including any maintenance furnished not to exceed the employee compensation limit set pursuant to Section 401(a)(17) of the Internal Revenue Code for the calendar year in which the fiscal year begins and proportionately for less than one (1) year of service. The value of that maintenance when not paid in money shall be fixed by the employing state agency, and, in case of doubt, by the board of trustees as defined in Section 25-11-15. Earned compensation shall not include any nontaxable amounts paid by the employer for health or life insurance premiums for an employee. In any case, earned compensation shall be limited to the regular periodic compensation paid, exclusive of litigation fees, bond fees, and other similar extraordinary nonrecurring payments. In addition, any member in a covered position, as defined by Public Employees' Retirement System laws and regulations, who is also employed by another covered agency or political subdivision shall have the earnings of that additional employment reported to the Public Employees' Retirement System regardless of whether the additional employment is sufficient in itself to be a covered position. In addition, computation of earned compensation shall be governed by the following:
(i) In the case of constables, the net earnings from their office after deduction of expenses shall apply, except that in no case shall earned compensation be less than the total direct payments made by the state or governmental subdivisions to the official.
(ii) In the case of chancery or circuit clerks, the net earnings from their office after deduction of expenses shall apply as expressed in Section 25-11-123(f)(4).
(iii) In the case of members of the State Legislature, all remuneration or amounts paid, except mileage allowance, shall apply.
(iv) The amount by which an eligible employee's salary is reduced under a salary reduction agreement authorized under Section 25-17-5 shall be included as earned compensation under this paragraph, provided this inclusion does not conflict with federal law, including federal regulations and federal administrative interpretations under the federal law, pertaining to the Federal Insurance Contributions Act or to Internal Revenue Code Section 125 cafeteria plans.
(v) Compensation in addition to an employee's base salary that is paid to the employee under the vacation and sick leave policies of a municipality or other political subdivision of the state that employs him or her that exceeds the maximums authorized by Section 25-3-91 et seq. shall be excluded from the calculation of earned compensation under this article.
(vi) The maximum salary applicable for retirement purposes before July 1, 1992, shall be the salary of the Governor.
(vii) Nothing in Section 25-3-31 shall affect the determination of the earned compensation of any member for the purposes of this article.
(l) "Employee" means any person legally occupying a position in the state service, and shall include the employees of the retirement system created under this article.
(m) "Employer" means the State of Mississippi or any of its departments, agencies or subdivisions from which any employee receives his or her compensation.
(n) "Executive director" means the secretary to the board of trustees, as provided in Section 25-11-15(9), and the administrator of the Public Employees' Retirement System and all systems under the management of the board of trustees. Wherever the term "Executive Secretary of the Public Employees' Retirement System" or "executive secretary" appears in this article or in any other provision of law, it shall be construed to mean the Executive Director of the Public Employees' Retirement System.
(o) "Fiscal year" means the period beginning on July 1 of any year and ending on June 30 of the next succeeding year.
(p) "Medical board" means the board of physicians or any governmental or nongovernmental disability determination service designated by the board of trustees that is qualified to make disability determinations as provided for in Section 25-11-119.
(q) "Member" means any person included in the membership of the system as provided in Section 25-11-105. For purposes of Sections 25-11-103, 25-11-105, 25-11-109, 25-11-111, 25-11-113, 25-11-114, 25-11-115 and 25-11-117, if a member of the system withdrew from state service and received a refund of the amount of the accumulated contributions to the credit of the member in the annuity savings account before July 1, 2007, and the person reenters state service and becomes a member of the system again on or after July 1, 2007, and repays all or part of the amount received as a refund and interest in order to receive creditable service for service rendered before July 1, 2007, the member shall be considered to have become a member of the system on or after July 1, 2007, subject to the eight-year membership service requirement, as applicable in those sections. For purposes of Sections 25-11-103, 25-11-111, 25-11-114 and 25-11-115, if a member of the system withdrew from state service and received a refund of the amount of the accumulated contributions to the credit of the member in the annuity savings account before July 1, 2011, and the person reenters state service and becomes a member of the system again on or after July 1, 2011, and repays all or part of the amount received as a refund and interest in order to receive creditable service for service rendered before July 1, 2011, the member shall be considered to have become a member of the system on or after July 1, 2011.
(r) "Membership service" means service as an employee in a covered position rendered while a contributing member of the retirement system.
(s) "Position" means any office or any employment in the state service, or two (2) or more of them, the duties of which call for services to be rendered by one (1) person, including positions jointly employed by federal and state agencies administering federal and state funds. The employer shall determine upon initial employment and during the course of employment of an employee who does not meet the criteria for coverage in the Public Employees' Retirement System based on the position held, whether the employee is or becomes eligible for coverage in the Public Employees' Retirement System based upon any other employment in a covered agency or political subdivision. If or when the employee meets the eligibility criteria for coverage in the other position, then the employer must withhold contributions and report wages from the noncovered position in accordance with the provisions for reporting of earned compensation. Failure to deduct and report those contributions shall not relieve the employee or employer of liability thereof. The board shall adopt such rules and regulations as necessary to implement and enforce this provision.
(t) "Prior service" means:
(i) For persons who became members of the system before July 1, 2007, service rendered before February 1, 1953, for which credit is allowable under Sections 25-11-105 and 25-11-109, and which shall allow prior service for any person who is now or becomes a member of the Public Employees' Retirement System and who does contribute to the system for a minimum period of four (4) years.
(ii) For persons who became members of the system on or after July 1, 2007, service rendered before February 1, 1953, for which credit is allowable under Sections 25-11-105 and 25-11-109, and which shall allow prior service for any person who is now or becomes a member of the Public Employees' Retirement System and who does contribute to the system for a minimum period of eight (8) years.
(u) "Regular interest" means interest compounded annually at such a rate as determined by the board in accordance with Section 25-11-121.
(v) "Retirement allowance" means an annuity for life as provided in this article, payable each year in twelve (12) equal monthly installments beginning as of the date fixed by the board. The retirement allowance shall be calculated in accordance with Section 25-11-111. However, any spouse who received a spouse retirement benefit in accordance with Section 25-11-111(d) before March 31, 1971, and those benefits were terminated because of eligibility for a social security benefit, may again receive his or her spouse retirement benefit from and after making application with the board of trustees to reinstate the spouse retirement benefit.
(w) "Retroactive service" means service rendered after February 1, 1953, for which credit is allowable under Section 25-11-105(b) and Section 25-11-105(k).
(x) "System" means the Public Employees' Retirement System of Mississippi established and described in Section 25-11-101.
(y) "State" means the State of Mississippi or any political subdivision thereof or instrumentality of the state.
(z) "State service" means all offices and positions of trust or employment in the employ of the state, or any political subdivision or instrumentality of the state, that elect to participate as provided by Section 25-11-105(f), including the position of elected or fee officials of the counties and their deputies and employees performing public services or any department, independent agency, board or commission thereof, and also includes all offices and positions of trust or employment in the employ of joint state and federal agencies administering state and federal funds and service rendered by employees of the public schools. Effective July 1, 1973, all nonprofessional public school employees, such as bus drivers, janitors, maids, maintenance workers and cafeteria employees, shall have the option to become members in accordance with Section 25-11-105(b), and shall be eligible to receive credit for services before July 1, 1973, provided that the contributions and interest are paid by the employee in accordance with that section; in addition, the county or municipal separate school district may pay the employer contribution and pro rata share of interest of the retroactive service from available funds. From and after July 1, 1998, retroactive service credit shall be purchased at the actuarial cost in accordance with Section 25-11-105(b).
(aa) "Withdrawal from service" or "termination from service" means complete severance of employment in the state service of any member by resignation, dismissal or discharge.
(bb) The masculine pronoun, wherever used, includes the feminine pronoun.
(2) For purposes of this article, the term "political subdivision" shall have the meaning ascribed to such term in Section 25-11-5 and shall also include public charter schools.
SECTION 18. 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 19. This act shall take effect and be in force from and after its passage, provided that Sections 1 through 10 shall stand repealed from and after July 1, 2021.