MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Education
By: Representative Ladner
AN ACT TO AMEND SECTIONS 37-28-5, 37-28-7, 37-28-9, 37-28-11, 37-28-13, 37-28-19, 37-28-21, 37-28-33, 37-28-37 AND 37-28-49, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF PROVIDING PUBLIC UNIVERSITIES AND PUBLIC COMMUNITY AND JUNIOR COLLEGES WITH THE AUTHORITY TO SERVE AS CHARTER SCHOOL AUTHORIZERS, WHICH OPERATE SEPARATE AND INDEPENDENT OF THE MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-28-5, Mississippi Code of 1972, is amended as follows:
37-28-5. As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Applicant"
means any person or group that develops and submits an application for a charter
school to * * *
an authorizer identified under Section 37-28-7.
(b) "Application" means a proposal from an applicant to the authorizer to enter into a charter contract whereby the proposed school obtains charter school status.
(c) "Authorizer"
means * * * an entity approved
under Section 37-28-7 to review applications, decide whether to approve or
reject applications, enter into charter contracts with applicants, oversee charter
schools, and decide whether to renew, not renew, or revoke charter contracts.
(d) "Charter
contract" means a fixed-term, renewable contract between a charter school
and * * * an
authorizer which outlines the roles, powers, responsibilities and performance
expectations for each party to the contract.
(e) "Charter
school" means a public school that is established and operating under the
terms of charter contract between the school's governing board and * * * an authorizer. The term "charter
school" includes a conversion charter school and start-up charter school.
(f) "Conversion charter school" means a charter school that existed as a noncharter public school before becoming a charter school.
(g) "Education service provider" means a charter management organization, school design provider or any other partner entity with which a charter school intends to contract for educational design, implementation or comprehensive management.
(h) "Governing
board" means the independent board of a charter school which is party to
the charter contract with * * *the an authorizer and whose members have been elected
or selected pursuant to the school's application.
(i) "Noncharter public school" means a public school that is under the direct management, governance and control of a school board or the state.
(j) "Parent" means a parent, guardian or other person or entity having legal custody of a child.
(k) "School board" means a school board exercising management and control over a local school district and the schools of that district pursuant to the State Constitution and state statutes.
(l) "School district" means a governmental entity that establishes and supervises one or more public schools within its geographical limits pursuant to state statutes.
(m) "Start-up charter school" means a charter school that did not exist as a noncharter public school before becoming a charter school.
(n) "Student" means any child who is eligible for attendance in a public school in the state.
(o) "Underserved students" means students participating in the federal free lunch program who qualify for at-risk student funding under the Mississippi Adequate Education Program and students who are identified as having special educational needs.
SECTION 2. Section 37-28-7, Mississippi Code of 1972, is amended as follows:
37-28-7. (1) There
is created the Mississippi Charter School Authorizer Board as a state agency
with * * *
chartering jurisdiction in the State of Mississippi. * * *
(2) (a) The mission of the Mississippi Charter School Authorizer Board is to authorize high-quality charter schools, particularly schools designed to expand opportunities for underserved students, consistent with the purposes of this chapter. Subject to the restrictions and conditions prescribed in this subsection, the Mississippi Charter School Authorizer Board may authorize charter schools within the geographical boundaries of any school district.
(b) The Mississippi Charter School Authorizer Board may approve a maximum of fifteen (15) qualified charter applications during a fiscal year.
(c) In any school district designated as an "A," "B" or "C" school district by the State Board of Education under the accreditation rating system at the time of application, the Mississippi Charter School Authorizer Board may authorize charter schools only if a majority of the members of the local school board votes at a public meeting to endorse the application or to initiate the application on its own initiative.
(3) The Mississippi Charter School Authorizer Board shall consist of seven (7) members, to be appointed as follows:
(a) Three (3) members appointed by the Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
(b) Three (3) members appointed by the Lieutenant Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
(c) One (1) member appointed by the State Superintendent of Public Education.
All appointments must be made with the advice and consent of the Senate. In making the appointments, the appointing authority shall ensure diversity among members of the Mississippi Charter School Authorizer Board.
(4) Members appointed to the Mississippi Charter School Authorizer Board collectively must possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, assessment, curriculum and instruction, and public education law. Each member of the Mississippi Charter School Authorizer Board must have demonstrated an understanding of and commitment to charter schooling as a strategy for strengthening public education.
(5) To establish staggered terms of office, the initial term of office for the three (3) Mississippi Charter School Authorizer Board members appointed by the Governor shall be four (4) years and thereafter shall be three (3) years; the initial term of office for the 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 Public Education shall be two (2) years and thereafter shall be three (3) years. No member may serve more than two (2) consecutive terms. The initial appointments must be made before September 1, 2013.
(6) The Mississippi Charter School Authorizer Board shall meet as soon as practical after September 1, 2013, upon the call of the Governor, and shall organize for business by selecting a chairman and adopting bylaws. Subsequent meetings shall be called by the chairman.
(7) An individual member of the Mississippi Charter School Authorizer Board may be removed by the board if the member's personal incapacity renders the member incapable or unfit to discharge the duties of the office or if the member is absent from a number of meetings of the board, as determined and specified by the board in its bylaws. Whenever a vacancy on the Mississippi Charter School Authorizer Board exists, the original appointing authority shall appoint a member for the remaining portion of the term.
(8) No member of the Mississippi Charter School Authorizer Board or employee, agent or representative of the board may serve simultaneously as an employee, trustee, agent, representative, vendor or contractor of a charter school authorized by the board.
(9) The Mississippi Charter School Authorizer Board shall appoint an individual to serve as the Executive Director of the Mississippi Charter School Authorizer Board. The executive director shall possess the qualifications established by the board which are based on national best practices, and shall possess an understanding of state and federal education law. The executive director, who shall serve at the will and pleasure of the board, shall devote his full time to the proper administration of the board and the duties assigned to him by the board and shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director may employ such administrative staff as may be necessary to assist the director and board in carrying out the duties and directives of the Mississippi Charter School Authorizer Board.
(10) The Mississippi Charter School Authorizer Board is authorized to obtain suitable office space for administrative purposes. In acquiring a facility or office space, the authorizer board shall adhere to all policies and procedures required by the Department of Finance and Administration and the Public Procurement Review Board.
(11) In addition to the Mississippi Charter School Authorizer Board, any public university, junior college or community college in this state may elect to establish a department or office to accept applications and authorize contracts for the organization and operation of a charter school in this state, pursuant to the limitations and requirements of this section and Sections 37-28-7 and 37-28-9.
SECTION 3. Section 37-28-9, Mississippi Code of 1972, is amended as follows:
37-28-9. (1) * * * Authorizers, as defined in Section 37-28-5
and identified in Section 37-28-7(11) * * * are responsible for exercising, in
accordance with this chapter, the following powers and duties:
(a) Developing chartering policies and maintaining practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including:
(i) Organizational capacity and infrastructure;
(ii) Solicitation and evaluation of charter applications;
(iii) Performance contracting;
(iv) Ongoing charter school oversight and evaluation; and
(v) Charter renewal decision-making;
(b) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(c) Declining to approve weak or inadequate charter applications;
(d) Negotiating and executing charter contracts with approved charter schools;
(e) Monitoring, in accordance with charter contract terms, the performance and legal compliance of charter schools;
(f) Determining whether each charter contract merits renewal, nonrenewal or revocation; and
(g) Applying for any federal funds that may be available for the implementation of charter school programs.
(2) * * * An authorizer shall carry out all of
its duties under this chapter in a manner consistent with nationally recognized
principles and standards and with the spirit and intent of this * * * chapter.
(3) * * * An authorizer may delegate its
duties to the executive director * * *, general counsel or office appointed
to manage charter authorizing operations.
(4) Regulation by * * * authorizers shall be limited to
those powers and duties prescribed in this section and all others prescribed by
law, consistent with the spirit and intent of this chapter.
(5) Except in the case of
gross negligence or reckless disregard of the safety and well-being of another
person, * * *
an authorizer, members of * * * an authorizer's board, acting
in their official capacity, and employees of * * * an authorizer tasked with managing
or executing charter authorizing operations, acting in their official
capacity, are immune from civil liability with respect to all activities
related to a charter school approved by the authorizer.
SECTION 4. Section 37-28-11, Mississippi Code of 1972, is amended as follows:
37-28-11. (1) To cover the
costs of overseeing charter schools in accordance with this chapter, * * * an authorizer defined in Section 37-28-5
and identified in Section 37-28-7(11) shall receive three percent (3%) of
annual per-pupil allocations received by a charter school from state and local
funds for each charter school it authorizes.
(2) * * * An authorizer may receive
appropriate gifts, grants and donations of any kind from any public or private
entity to carry out the purposes of this chapter, subject to all lawful terms
and conditions under which the gifts, grants or donations are given.
(3) * * * An authorizer may expend its
resources, seek grant funds and establish partnerships to support its charter
school authorizing activities.
SECTION 5. Section 37-28-13, Mississippi Code of 1972, is amended as follows:
37-28-13. (1) Upon
request, the State Department of Education shall assist * * *
an authorizer defined in Section 37-28-5 and identified in Section 37-28-7(11)
with implementing the authorizer's decisions by providing such technical
assistance and information as may be necessary for the implementation of this chapter.
(2) Before July 1 of each
year, * * * each
authorizer shall publish a pamphlet, which may be in electronic form, containing:
(a) All statutes in Title 37, Mississippi Code of 1972, which are applicable to the charter schools;
(b) Any rules, regulations and policies adopted by the State Superintendent of Public Education, the State Board of Education or the State Department of Education with which charter schools must comply by virtue of the applicability to charter schools, as well as other public schools, of the state law to which those relevant rules, regulations and policies pertain; and
(c) Any other state and federal laws and matters that are relevant to the establishment and operation of charter schools in the State of Mississippi.
* * * Each authorizer shall make the pamphlet available to the public on * * * its website and shall notify all
prospective applicants of the pamphlet.
SECTION 6. Section 37-28-19, Mississippi Code of 1972, is amended as follows:
37-28-19. (1) In reviewing
and evaluating charter applications, * * * authorizers shall employ procedures,
practices and criteria consistent with nationally recognized principles and
standards for quality charter authorizing. The application review process must
include thorough evaluation of each written charter application and in-person
interview with the applicant group.
(2) In deciding whether to
approve charter applications, * * * an authorizer must:
(a) Grant charters only to applicants that have provided evidence of competence in each element of the authorizer's published approval criteria, and in the case of an applicant that currently operates one or more schools in any state or nation, clear evidence that the management or leadership team of the charter school or schools currently operated by the applicant has produced statistically significant gains in student achievement or consistently produced proficiency levels as measured on state achievement test;
(b) Base decisions on documented evidence collected through the application review process; and
(c) Follow charter-granting policies and practices that are transparent, based on merit and avoid conflicts of interest or any appearance thereof.
(3) Before the expiration
of one hundred eighty (180) days after the filing of a charter application, the
authorizer in receipt of such application
must approve or deny the charter application; however, an application submitted
by a public historically black college or university (HBCU), in partnership
with a national nonprofit public HBCU support organization, for a charter
school to be operated on or near the campus of the HBCU must be considered for
expedited approval by the authorizer. * * * Authorizers shall adopt by
resolution all charter approval or denial decisions in an open meeting of the
authorizers * * *.
(4) 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 37-28-21.
(5) For a charter denial, the authorizer in receipt of such application shall state clearly, for public record, its reasons for denial. A denied applicant may reapply subsequently with the same authorizer or may submit application for charter status with a different authorizer.
(6) Before the expiration of ten (10) days after taking action to approve or deny a charter application, the authorizer in receipt of such application shall provide a report to the applicant. The report must 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 this chapter.
SECTION 7. Section 37-28-21, Mississippi Code of 1972, is amended as follows:
37-28-21. (1) * * * An authorizer shall grant an initial
charter to each qualified applicant for a term of five (5) operating years.
The term of the charter shall commence on the charter school's first day of
operation. An approved 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 the authorizer granting initial charter status.
The authorizer may grant or deny the extension depending on the particular
school's circumstances.
(2) (a) * * * An authorizer and the governing board
of the approved charter school shall execute a charter contract that clearly
sets forth the academic and operational performance expectations and measures
by which the charter school will be judged and the administrative relationship
between the authorizer and charter school, including each party's rights and
duties. The performance expectations and measures set forth in the charter
contract must 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 charter school is operating and has
collected baseline achievement data for its enrolled students.
(b) The charter contract must be signed by either of the following:
(i) The chairman of the Mississippi Charter School Authorizer Board and the president of the charter school's governing board;
(ii) The president of a public university electing to serve as an authorizer, the Commissioner of Higher Education and the president of the charter school's governing board; or
(iii) The chairman of the board of trustees of a community or junior college electing to serve as an authorizer and the president of the charter school's governing board.
(c) A charter school
may not commence operations without a charter contract executed in accordance
with this section and approved in an open meeting of the authorizer * * * which granted charter status.
(3) * * * Authorizers may establish reasonable
preopening requirements or conditions to monitor the start-up progress of a
newly approved charter school and to ensure that the school is prepared to open
smoothly on the date agreed and that the school meets all building, health,
safety, insurance and other legal requirements before the school's opening.
SECTION 8. Section 37-28-33, Mississippi Code of 1972, is amended as follows:
37-28-33. (1) A charter may be renewed for successive five-year terms of duration. The authorizer, which granted charter status, may grant renewal with specific conditions for necessary improvements to a charter school and may lessen the renewal term based on the performance, demonstrated capacities and particular circumstances of each charter school.
(2) Before September 30, * * * each authorizer shall issue a
charter school performance report and charter renewal application guidance to
any charter school under its chartering authority whose charter will
expire the following year. The performance report must summarize the charter
school's performance record to date, based on the data required by this chapter
and the charter contract, and must provide notice of any weaknesses or concerns
perceived by the authorizer which granted charter status, which may
jeopardize the charter school's position in seeking renewal if not timely
rectified. The charter school must respond and submit any corrections or
clarifications for the performance report within ninety (90) days after
receiving the report.
(3) The charter renewal application guidance must provide, at a minimum, an opportunity for the charter school to:
(a) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(b) Describe improvements undertaken or planned for the school; and
(c) Detail the school's plans for the next charter term.
(4) The charter renewal application guidance must include or refer explicitly to the criteria that will guide the authorizer's renewal decision, which must be based on the performance framework set forth in the charter contract and consistent with this chapter.
(5) Before February 1, the governing board of a charter school seeking renewal shall submit a renewal application to the respective authorizer which granted charter status pursuant to the charter renewal application guidance issued by the authorizer. The authorizer shall adopt a resolution ruling on the renewal application no later than ninety (90) days after the filing of the renewal application.
(6) In making each charter
renewal decision, * * *
an authorizer must:
(a) Ground its decision in evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;
(b) Ensure that data used in making the renewal decision is available to the school and the public; and
(c) Provide a public report summarizing the evidence that is the basis for the renewal decision.
(7) A charter contract must be revoked at any time or not renewed if the authorizer determines that the charter school has done any of the following or otherwise failed to comply with the provisions of this chapter:
(a) Committed a material and substantial violation of any of the terms, conditions, standards or procedures required under this chapter or the charter contract;
(b) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract;
(c) Failed to meet generally accepted standards of fiscal management; or
(d) Substantially violated any material provision of law which is applicable to the charter school.
(8) * * * Each authorizer shall develop
revocation and nonrenewal processes that:
(a) Provide the governing board of a charter school with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure;
(b) Allow the governing board a reasonable amount of time in which to prepare a response;
(c) Provide the governing board 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;
(d) Allow the governing board access to representation by counsel and to call witnesses on the school's behalf;
(e) Permit the recording of such proceedings; and
(f) After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the governing board.
(9) Notwithstanding any
provision to the contrary, * * * an authorizer may not renew the
charter of any charter school that, during the school's final operating year
under the term of the charter contract, is designated an "F" school
under the school accreditation rating system.
(10) If * * * an authorizer revokes or does not
renew a charter, the authorizer must state clearly, in a resolution * * * duly adopted by the authorizer's * * * governing entity, the reasons for
the revocation or nonrenewal.
(11) Within ten (10) days
after taking action to renew, not renew or revoke a charter, * * * an authorizer shall provide a report
to the charter school. The report must include a copy of the authorizer's * * * resolution, duly adopted by the authorizer's
governing entity, setting forth the action taken, reasons for * * * its decision and assurances as
to compliance with all of the requirements set forth in this chapter.
SECTION 9. Section 37-28-37, Mississippi Code of 1972, is amended as follows:
37-28-37. (1) Before
October 1 of each year, beginning in the year that the state has had at least
one (1) charter school operating for a full school year, * * *
each authorizer with at least one (1) charter school approved and operating under
its supervision shall issue to the Governor, Legislature, State Board of
Education and the public an annual report on the * * * charter schools approved and operating
under its supervision for the preceding school year. The report must
include a comparison of the performance of charter school students with the
performance of academically, ethnically and economically comparable groups of
students in the school district in which a charter school is located. In
addition, the report must include the authorizer's assessment of the successes,
challenges and areas for improvement in meeting the purposes of this chapter.
The report also must include an assessment on whether the number and size of
operating charter schools are sufficient to meet demand, as calculated
according to admissions data and the number of students denied enrollment based
on lottery results. The reports due from * * * authorizers under this section must
be coordinated with reports due from charter school governing boards, as near
as possible, to decrease or eliminate duplication.
(2) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall prepare an annual report assessing the sufficiency of funding for 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 charter schools.
SECTION 10. Section 37-28-49, Mississippi Code of 1972, is amended as follows:
37-28-49. (1) Charter
school teachers and other school personnel, as well as members of the governing
board and any education service provider with whom a charter school contracts,
are subject to criminal history record checks and fingerprinting requirements
applicable to employees of other public schools. * * * Authorizers shall require that
current criminal records background checks and current child abuse registry
checks are obtained, and that the criminal record information and registry
checks are on file at the charter school for any new hires applying for
employment. In order to determine an applicant's suitability for employment,
the applicant must be fingerprinted. If no disqualifying record is identified at
the state level, the fingerprints must be forwarded by the Department of Public
Safety to the Federal Bureau of Investigation for a national criminal history
record check. Under no circumstances may a member of * * * an authorizer's governing body,
member of the charter school governing board or any individual other than the
subject of the criminal history record checks disseminate information received
through the checks except as may be required to fulfill the purposes of this
section. The determination whether the applicant has a disqualifying crime, as
set forth in subsection (2) of this section, must be made by the appropriate
state or federal governmental authority, which must notify the charter school
whether a disqualifying crime exists.
(2) If the fingerprinting
or criminal record checks disclose a felony conviction, guilty plea or plea of
nolo contendere to a felony of possession or sale of drugs, murder,
manslaughter, armed robbery, rape, sexual battery, sex offense listed in
Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification
of lust or aggravated assault which has not been reversed on appeal or for
which a pardon has not been granted, the new hire is not eligible to be employed
at the charter school. However, the charter school, in its discretion, may
allow any applicant aggrieved by the employment decision under this section to
show mitigating circumstances that exist and may allow, subject to the approval
of the * * * authorizer, the new hire to
be employed at the school. * * * An authorizer may approve the
employment depending on the mitigating circumstances, which may include, but
need not be limited to: (a) age at which the crime was committed; (b)
circumstances surrounding the crime; (c) length of time since the conviction
and criminal history since the conviction; (d) work history; (e) current
employment and character references; and (f) other evidence demonstrating the
ability of the person to perform the employment responsibilities competently
and that the person does not pose a threat to the health or safety of children.
(3) No charter school,
charter school employee, member of the charter school governing board, * * *
authorizer, * * *
member of the authorizer's governing body or employee of the * * *
authorizer may be held liable in any employment discrimination suit in
which an allegation of discrimination is made regarding an employment decision
authorized under this section.
(4) A charter school shall terminate any teacher or administrator for committing one or more of the following acts:
(a) Engaging in unethical
conduct relating to an educator-student relationship as identified by the * * * authorizer;
(b) Fondling a student as described in Section 97-5-23 or engaging in any type of sexual involvement with a student as described in Section 97-3-95; or
(c) Failure to report sexual involvement of a charter school employee with a student as required by Section 97-5-24.
SECTION 11. This act shall take effect and be in force from and after July 1, 2022.