House Bill 540

AN ACT TO AMEND SECTION 37-13-63, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER BY WHICH THE SCHOOL YEAR IS CALCULATED BY USING AN HOUR SYSTEM IN ORDER TO PROVIDE GREATER FLEXIBILITY; TO PROVIDE A MAXIMUM OF THIRTEEN DAYS TO BE EARNED PER YEAR FOR SCHOOL DISTRICTS THAT EXCEED THE INSTRUCTIONAL DAY BY AN ADDITIONAL HALF HOUR; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 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 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 submit a plan for altering the school term. If the State Board of Education 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 receive payment from the State Department of Education for per pupil expenditure for pupils in average daily attendance in excess of ten (10) days.

(3) A local board of education that exceeds the full five and one-half (5-1/2) hours instructional time required by law by one-half (1/2) hour daily for the full academic year shall be credited with additional instructional time. The excess instructional time shall be accumulated in amounts up to, but not exceeding, thirteen (13) instructional days each year, and applied toward meeting instructional time requirements missed due to dangerous or extreme weather conditions. Upon approval by the State Board of Education, the excess instructional time may be used in case of natural disaster, serious outbreaks of illness affecting or endangering students or staff or dangerous structural or environmental conditions rendering a school unsafe for use. This excess accumulated instructional time may be used for early student dismissal for faculty professional development under rules promulgated by the local board of education. Such time may be used in whole day (five and one-half (5-1/2) hours) increments and may be used for faculty professional development, parent-teacher conferences or other similar meetings. The local board of education shall consult with the State Department of Education in developing the rules. All proposals for use of excess time for professional development shall be approved by the State Board of Education. Additionally, the State Board of Education is authorized to approve directly proportional variations from the one-half-hour extension of the school day and the corresponding accumulation of thirteen (13) days of adjustments to the instructional time requirements.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.