MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Education; Appropriations
By: Representative Roberson
AN ACT TO AMEND SECTION 37-161-3, MISSISSIPPI CODE OF 1972, TO CREATE A PILOT PROGRAM FOR THE CREATION OF VIRTUAL PUBLIC SCHOOLS TO BE OPERATED BY LOCAL SCHOOL DISTRICTS OR REGIONAL EDUCATION SERVICE AGENCIES; TO DEFINE THE TERM "PILOT VIRTUAL PUBLIC SCHOOL"; TO LIMIT THE NUMBER OF PILOT VIRTUAL PUBLIC SCHOOLS TO THREE; TO REQUIRE ENROLLMENT IN A PILOT VIRTUAL PUBLIC SCHOOL TO BE FREE OF CHARGE AND OPEN TO STUDENTS FROM ANY SCHOOL DISTRICT IN THE STATE; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER, FOR EACH STUDENT ENROLLED IN A VIRTUAL PUBLIC SCHOOL OPERATED BY A DISTRICT OTHER THAN THAT IN WHICH THE STUDENT RESIDES, AN AMOUNT EQUAL TO THE STUDENT'S HOME SCHOOL DISTRICT'S LOCAL OPERATIONAL TAX LEVY TO THE SCHOOL DISTRICT OPERATING THE VIRTUAL PUBLIC SCHOOL; TO REQUIRE THE DEPARTMENT TO WITHHOLD SUCH AMOUNT FROM THE TRANSFERRING SCHOOL DISTRICT'S JANUARY PAYMENT OF ADEQUATE EDUCATION PROGRAM FUNDS; TO REQUIRE THE SPONSOR OF A PILOT VIRTUAL PUBLIC SCHOOL TO ADOPT CERTAIN ENROLLMENT POLICIES; TO AUTHORIZE THE GOVERNOR'S OFFICE TO APPOINT A STATE BOARD FOR THE PURPOSE OF SPONSORING A VIRTUAL PUBLIC SCHOOL; TO AMEND SECTIONS 37-15-29 AND 37-15-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A SCHOOL DISTRICT TO ALLOW A STUDENT ACCEPTED INTO A PILOT VIRTUAL PUBLIC SCHOOL OPERATED BY A DISTRICT OTHER THAN THAT IN WHICH THE STUDENT RESIDES TO TRANSFER FROM THE STUDENT'S HOME DISTRICT TO THE DISTRICT OPERATING THE VIRTUAL PUBLIC SCHOOL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-161-3, Mississippi Code of 1972, is amended as follows:
37-161-3. (1) The Legislature finds and declares the following:
(a) Meeting the educational needs of children in our state's schools is of the greatest importance to the future welfare of the State of Mississippi;
(b) Closing the achievement gap between high-performing students, including the achievement gap among at-risk students, is a significant and present challenge;
(c) Providing a broader range of educational options to parents and utilizing existing resources, along with technology, may help students in the state improve their academic achievement; and
(d) Many of the state's school districts currently lack the capacity to provide other public school choices for students whose schools are low performing.
(2) There is created the
Mississippi Virtual Public School Program, which is the responsibility of the
State Department of Education. It is the intent of the Legislature that the
Mississippi Virtual Public School established under this section * * * provide Mississippi families
with an alternative choice to access additional educational resources in an
effort to improve academic achievement. The Mississippi Virtual Public School
must be recognized as a public school and provided equitable treatment
and resources as are other public schools in the state. Private providers,
overseen by the State Department of Education, may be selected by the State Board
of Education to administer, manage or operate virtual school programs in this
state, including the total operation of the Mississippi Virtual Public School
Program. Any private provider chosen to provide services under the provisions
of this subsection shall be chosen through the Mississippi Online Course
Application Process.
(3) Nothing in this section may be interpreted as precluding the use of computer- and Internet-based instruction for students in a virtual or remote setting utilizing the Mississippi Virtual Public School.
(4) There is created a pilot program for the creation of virtual public schools to be operated by public school districts or regional education service agencies. Each pilot virtual public school program established pursuant to this section must be recognized as a public school and provided equitable treatment and resources as are other public schools in the state. Private providers may be utilized by the sponsor of any pilot program to administer, manage or operate virtual school programs in this state. Contracts with selected providers must be overseen by the sponsoring entity and ensure that the maximum services and resources are procured for the per-student cost.
(5) As used in this section, the following words and phrases have the meanings respectively ascribed in this subsection unless the context clearly requires otherwise:
(a) "Mississippi Virtual Public School" means a public school in which the state uses technology in order to deliver instruction to students via the Internet in a virtual or remote setting.
(b) "Pilot virtual public school" means a full-time public school established pursuant to this section which uses technology in order to deliver synchronous and asynchronous instruction to students via the Internet in a virtual or remote setting. Distance learning as defined in Section 37-67-1 does not meet the requirement for synchronous instruction; however, nothing in this act limits the provision of distance learning as provided for in Section 37-67-1.
(c) "Sponsor"
means the public school district * * * or regional education service agency that is responsible
for the operation of a pilot virtual public school. The sponsor is responsible
for the academic progress of each student enrolled in a pilot virtual public school
in all aspects of accountability.
( * * *6) (a) The State Board of Education
shall establish the Mississippi Virtual Public School beginning in school year
2006-2007.
(b) A total of three (3) slots will be available for a sponsor to establish a pilot virtual public school, beginning in the 2021-2022 school year and continuing in subsequent years until the three (3) slots are filled. A potential sponsor must notify the State Department of Education of its intent to establish a pilot virtual public school. The department shall notify the potential sponsor whether or not a pilot slot is available. A school district or regional education service agency that receives notification from the department that there is a slot to participate in the pilot program must establish its virtual public school no later than eighteen (18) months after the date of receipt of the notification or else lose that slot in the pilot program. If a sponsor establishes a virtual public school but fails to enroll students within its first year of operation of the program, the sponsor will lose its authorization to operate in the following school year and another school district or regional education service agency will be allowed to create a new program.
(c) Students who enroll in the Mississippi Virtual Public School or a pilot virtual public school may reside anywhere in the State of Mississippi.
( * * *7) Subject to appropriation, the
Mississippi Virtual Public School shall provide to each student enrolled in the
school all necessary instructional materials. Subject to appropriation, the
sponsored school must ensure that each student is provided access to the necessary
technology, such as a computer and printer, and to an Internet connection for schoolwork
purposes.
( * * *8) The * * * State Department of
Education shall have approval authority for all coursework and policy of the Mississippi
Virtual Public School.
(9) The sponsor of a pilot virtual public school must ensure that each student is provided access to the necessary instruction materials, technology, an Internet connection for schoolwork purposes, and any applicable special education services.
( * * *10) Each teacher employed by or
participating in the delivery of instruction through the Mississippi Virtual
Public School or a pilot virtual public school must meet all
qualifications for licensure in the State of Mississippi.
( * * *11) Any student who meets state
residency requirements may enroll in the Mississippi Virtual Public School or
a pilot virtual public school.
( * * *12) Enrollment in the Mississippi
Virtual Public School shall be free of charge to students. The costs
associated with the operations of the virtual school must be shared by the
State Department of Education, subject to appropriation, and/or the local
school districts. Once the State Department of Education appropriation and the
local school district budgeted funds for the Mississippi Virtual Public
School have been expended and students choose to enroll in online courses, the
costs of the online courses may be the responsibility of the students' parents
or guardians.
(13) Enrollment in a pilot virtual public school must be free of charge to students. For students enrolling in a pilot virtual public school operated by a school district or regional education service agency in which the student does not reside, the State Department of Education shall pay to the school district operating the program an amount as follows: the pro rata ad valorem receipts and in-lieu payments per pupil for the support of the local school district in which the student resides under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy), excluding any taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. The amount of funds payable to the school district operating the program by the resident school district must be based on the previous year's enrollment data and ad valorem receipts and in-lieu receipts of the local school district in which the student resides. The pro rata amount must be calculated by dividing the resident local school district's months one (1) through nine (9) average daily membership into the total amount of ad valorem receipts and in-lieu receipts, as reported to the State Department of Education by the resident local school district. The payable amount from the resident district to the district operating the program must be equal to this pro rata amount multiplied by the number of students enrolled, based on the end of first month enrollment for the current school year. The State Department of Education shall reduce the resident school district's January transfer of Mississippi Adequate Education Program funds by the amount owed to the sponsor of the pilot virtual public school and shall redirect that amount to that district. Any such payments made under this subsection by the State Department of Education to a sponsor of a pilot virtual public school accepting students from outside the district or its service area must be made at the same time and in the same manner as adequate education program payments are made to school districts under Sections 37-151-101 and 37-151-103.
(14) A sponsor operating a pilot virtual public school shall adopt a policy governing the enrollment procedures. The enrollment policy must include, at a minimum, the following:
(a) The timeframe in which student applications will be accepted for both the fall and spring semesters;
(b) Provisions of notice of the application to the resident district if an applicant student resides outside the district or service area no later than five (5) days from the date of receipt of the application;
(c) Policies and procedures related to the creation of a waiting list if more students from outside the district or service area apply than can be accommodated by the program;
(d) An opportunity for parental input and hearing before any denial of an application for any reason other than lack of program capacity; and
(e) Engagement policies and a process with provision of fair warnings and opportunities for corrective actions before removal from the program for lack of engagement.
(15) The Office of the Governor may appoint a state board that is authorized to sponsor one (1) virtual public school to service students who reside anywhere in the State of Mississippi. A pilot virtual public school established under this section must comply with all other provisions of the pilot virtual public school program. A pilot virtual public school created under this subsection may not count against the maximum number allowed under subsection (6) of this section.
SECTION 2. Section 37-15-29, Mississippi Code of 1972, is amended as follows:
37-15-29. (1) Except as
provided in subsections (2) * * * through (6) 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 * * *.
(2) Those children whose parent(s)
or legal guardian(s) are instructional personnel or * * * licensed employees of a
school district may, at such employee's discretion, enroll in
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 in 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 * * *
State 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 in and attend school
in the transferee school district. * * * Further, * * * the brother(s) and sister(s) of * * * those children lawfully transferred
prior to July 1, 1992, may also, at the discretion of their parent(s) or legal
guardian(s), enroll in and attend school in the transferee school
district.
(5) Those children whose parent(s) or legal guardian(s) are active members of the United States Armed Forces or civilian military personnel and reside on a military base, may, at the discretion of their parent(s) or legal guardian(s), enroll in and attend the school district of their parent's or legal guardian's choosing, regardless of the residence of the child, provided the school district where the student resides or in an adjacent school district and the parent's or guardian's choice of school district does not violate the provision of subsection (3) of this section prohibiting the transportation of students in excess of thirty (30) miles.
(6) A child who is accepted for enrollment in a pilot virtual public school operated under Section 37-161-3 by a school district other than the district in which the student resides may enroll in and attend the school district as a student in the virtual public school regardless of the residence of the child.
SECTION 3. Section 37-15-31, Mississippi Code of 1972, is amended as follows:
37-15-31. (1) (a) Except
as provided in subsections (2) through * * * (6) of this section, upon the
petition in writing of a parent or guardian resident of the school district of
an individual student filed or lodged with the president or secretary of the school
board of a school district in which the pupil has been enrolled or is qualified
to be enrolled as a student under Section 37-15-9, or upon the aforesaid petition
or the initiative of the school board of a school district as to the transfer
of a grade or grades, individual students living in one school district or a
grade or grades of a school within the districts may be legally transferred to
another school district, by the mutual consent of the school boards of all
school districts concerned, which consent must be given in writing and spread
upon the minutes of such boards.
(b) The school board
of the transferring school district to which such petition may be addressed
shall act thereon not later than its next regular meeting subsequent to the
filing or lodging of the petition, and a failure to act within that time shall
constitute a rejection of such request. The school board of the other school
district involved (the transferee board) shall act on such request
for transfer as soon as possible after the transferor board shall have approved * * * such transfer and no later than the
next regular meeting of the transferee board, and a failure of such transferee
board to act within such time shall constitute a rejection of such request. If
such a transfer is approved by the transferee board, then such decision shall
be final. If such a transfer should be refused by the school board of either
school district, then such decision shall be final.
(c) Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by the affected school board.
(2) (a) Upon the petition in writing of any parent or guardian who is a resident of Mississippi and is an instructional or licensed employee of a school district, but not a resident of such district, the school board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board. Upon the petition in writing of any parent or guardian who is not a resident of Mississippi and who is an instructional or licensed employee of a school district in Mississippi, the school board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board.
(b) The school board of any school district, in its discretion, may adopt a uniform policy to allow the enrollment and attendance of the dependent children of noninstructional and nonlicensed employees, who are residents of Mississippi but are not residents of their district. Such policy shall be based upon the employment needs of the district, implemented according to job classification groups and renewed each school year.
(c) The employer transferee school district shall notify in writing the school district from which the pupil or pupils are transferring, and the school board of the transferor school district shall spread the same upon its minutes.
(d) Any such agreement by school boards for the legal transfer of a student shall include a provision providing for the transportation of the student. In the absence of such a provision the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.
(e) Any school district which accepts a student under the provisions of this subsection shall not assess any tuition fees upon such transferring student in accordance with the provisions of Section 37-19-27.
(3) Upon the petition in writing of any parent or legal guardian of a school-age child who is a resident of an adjacent school district residing in the geographical situation described in Section 37-15-29(3), the school board of the school district operating the school located in closer proximity to the residence of the child shall consent to the transfer of the child to its district, and shall spread the same upon the minutes of the board. Any such agreement by school boards for the legal transfer of a student under this subsection shall include a provision for the transportation of the student by either the transferor or the transferee school district. In the event that either the school board of the transferee or the transferor school district shall object to the transfer, it shall have the right to appeal to the State Board of Education whose decision shall be final. However, if the school boards agreeing on the legal transfer of any student shall fail to agree on which district shall provide transportation, the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.
(4) Upon the petition in writing of any parent or legal guardian of a school-age child who was lawfully transferred to another school district prior to July 1, 1992, as described in Section 37-15-29(4), the school board of the transferee school district shall consent to the transfer of such child and the transfer of any school-age brother and sister of such child to its district, and shall spread the same upon the minutes of the board. (5) (a) If the board of trustees of a municipal separate school district with added territory does not have a member who is a resident of the added territory outside the corporate limits, upon the petition in writing of any parent or legal guardian of a
school-age child who is a resident of the added territory outside the corporate limits, the board of trustees of the municipal separate school district and the school board of the school district adjacent to the added territory shall consent to the transfer of the child from the municipal separate school district to the adjacent school district. The agreement must be spread upon the minutes of the board of trustees of the municipal separate school district and the school board of the adjacent school district. The agreement must provide for the transportation of the student. In the absence of such a provision, the parent or legal guardian shall be responsible for transporting the student to the adjacent school district. Any school district that accepts a student under this subsection may not assess any tuition fees against the transferring student.
(b) Before September 1 of each year, the board of trustees of the municipal separate school district shall certify to the State Department of Education the number of students in the added territory of the municipal separate school district who are transferred to the adjacent school district under this subsection. The municipal separate school district also shall certify the total number of students in the school district residing in the added territory plus the number of those students who are transferred to the adjacent school district. Based upon these figures, the department shall calculate the percentage of the total number of students in the added territory who are transferred to the adjacent school district and shall certify this percentage to the levying authority for the municipal separate school district. The levying authority shall remit to the school board of the adjacent school district, from the proceeds of the ad valorem taxes collected for the support of the municipal separate school district from the added territory of the municipal separate school district, an amount equal to the percentage of the total number of students in the added territory who are transferred to the adjacent school district.
(6) Upon the acceptance for enrollment in a pilot virtual public school operated under Section 37-161-3 by a school district of a school-age child who is a resident of a school district other than the district operating the virtual public school, the school board of the school district operating the virtual public school shall consent to the transfer of the child to its district for the purpose of enrolling as a student in the virtual public school, and the school board shall cause the same to be spread upon the minutes of the board.
SECTION 4. This act shall take effect and be in force from and after July 1, 2021.