MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education; Appropriations A
By: Representative Roberson
AN ACT TO CREATE THE "STRENGTHENING ACADEMIC VICTORIES THROUGH EDUCATIONAL DEVELOPMENT AT DELTA STATE UNIVERSITY (SAVED AT DSU) PILOT PROGRAM ACT"; TO DEFINE TERMINOLOGY; TO AUTHORIZE THE STATE BOARD OF EDUCATION, IN PARTNERSHIP WITH DELTA STATE UNIVERSITY, TO CREATE A MODEL RURAL EDUCATION SCHOOL PROGRAM TO SERVE STUDENTS IN GRADES K-12 WITHIN THE DELTA COUNTIES WHO ARE ENROLLED IN FAILING SCHOOLS OR FAILING SCHOOL DISTRICTS; TO AUTHORIZE THE STATE BOARD OF EDUCATION AND DELTA STATE UNIVERSITY TO ENTER INTO AN AGREEMENT FOR THE PURPOSE OF DESIGNING, CONSTRUCTING, MAINTAINING AND OPERATING A MODEL RURAL EDUCATION SCHOOL AND TRANSFERRING FUNDS BETWEEN EACH OTHER FOR THOSE PURPOSES; TO PROVIDE THAT THE 2025-2026 SCHOOL YEAR SHALL BE THE PILOT PROGRAM'S FIRST YEAR OF OPERATION; TO REQUIRE THE STATE BOARD OF EDUCATION AND THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO JOINTLY GOVERN THE ACADEMY; TO REQUIRE THE STATE SUPERINTENDENT OF PUBLIC EDUCATION, WITH THE ASSISTANCE OF THE COMMISSIONER OF HIGHER EDUCATION, TO APPOINT AN ADVISORY PANEL TO ASSIST IN THE DEVELOPMENT OF THE PLAN RELATING TO THE PILOT PROGRAM; TO PRESCRIBE THE DUTIES OF THE ADVISORY PANEL; TO PRESCRIBE THE REQUIRED COMPONENTS OF THE PILOT PROGRAM; TO REQUIRE STATE BOARD OF EDUCATION AND IHL BOARD TO COLLABORATIVELY PREPARE THE ANNUAL BUDGET FOR THE PILOT PROGRAM; TO REQUIRE THE STATE BOARD OF EDUCATION TO CONDUCT COMMUNITY MEETINGS IN EACH COUNTY OF THE DELTA REGION BEFORE THE IMPLEMENTATION OF THE PILOT PROGRAM; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PREPARE AND SUBMIT A REPORT ON THE EFFECTIVENESS OF THE PILOT PROGRAM TO RAISE STUDENT ACADEMIC PERFORMANCE TO THE GOVERNOR AND EDUCATION CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Strengthening Academic Victories through Educational Development at Delta State University (SAVED at DSU) Pilot Program Act."
SECTION 2. As used in this act, the following terms shall have the meanings ascribed in this section, unless context clearly requires otherwise:
(a) "Board" means the State Board of Education.
(b) "Counties of the Delta region" include, Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tate, Tunica, Warren, Washington and Yazoo Counties.
(c) "Department" means the State Department of Education.
(d) "IHL Board" means the Board of Trustees of State Institutions of Higher Learning.
(d) "Pilot program" means the Strengthening Academic Victories through Educational Development at Delta State University (SAVED at DSU) Pilot Program.
(e) "University" means Delta State University.
SECTION 3. (1) (a) The State Board of Education is authorized and encouraged to develop a partnership with Delta State University to create a model rural education school program, known as the "Strengthening Academic Victories through Educational Development at Delta State University (SAVED at DSU) Pilot Program," to serve students in grades K-12 within the counties of the Delta region of the state who are enrolled in failing schools or failing school districts as designated by the State Board of Education with the assignment of a "D" or "F" school accountability rating, which such program shall also serve as a model for the education of teachers and administrators.
(b) The State Board of Education and Delta State University are authorized and empowered, in each's discretion, to enter into an agreement for the purpose of designing, constructing, maintaining and operating a model rural education school to accomplish the purposes of this act.
(c) The State Board of Education and Delta State University are further authorized and empowered, in each's discretion, to transfer funds to the other and expend such funds on mutually agreeable terms and conditions for the construction, maintenance and operation of such school.
(2) The 2025–2026 school year shall be the first year that the school shall admit students for enrollment, which shall:
(a) Be limited to students residing within the eighteen (18) counties of the Mississippi Delta who are enrolled in failing schools or failing school districts;
(b) Be offered as a day school program only for those students eligible to attend who:
(i) Are enrolled in grades K-8 in their school district of residence; and
(ii) Live in close enough proximity to the campus of Delta State University, so as not to violate limitation on transporting students in excess of thirty (30) miles to and from their residence to the campus as prescribed in Section
37-15-29(3);
(c) Be offered as an optional residential school program for those students eligible to attend who:
(i) Are enrolled in Grades 9-12 in their school district of residence;
(ii) Reside beyond the allowable distance for which the limitation on transporting students is prescribed under Section 37-15-29(3).
SECTION 4. (1) The Strengthening Academic Victories through Educational Development at Delta State University (SAVED at DSU) Pilot Program shall be jointly governed by the State Board of Education and the Board of Trustees of State Institutions of Higher Learning, which shall promulgate rules and regulations required for the administration and operation of the pilot program. It shall be the duty of the boards, to:
(a) Develop a detailed plan relating to the opening, operation and funding of the pilot program on the campus of Delta State University to be presented to the Legislature during the 2025 Regular Session;
(b) Promulgate policies, rules and regulations necessary for the administration and operation of the academy;
(c) Employ administrators, teachers and other licensed and noninstructional personnel at the appropriate time for the academy;
(d) Develop the annual budget for the academy; and
(e) Undertake any other actions that may be necessary in the establishment and operation of the academy.
(2) The State Superintendent of Public Education, with the assistance of the Commissioner of Higher Education, shall appoint an advisory panel to assist in the development of the plan relating to the pilot program. The advisory panel shall consist of the following twelve (12) appointed or designated members:
(a) Three (3) licensed school teachers or school facility administrators, to be appointed from either of the counties of the Delta region;
(b) Three (3) school district superintendents, to be appointed from either of the counties of the Delta region;
(c) Three (3) citizens who reside in either of the counties of the Delta region and who has a compulsory-school-aged child enrolled in a failing school or district;
(d) The President of Delta State University;
(e) The Dean of the College of Education and Human Sciences or the Department Chair of the Division of Teacher Education, Leadership, and Research at Delta State University; and
(f) The Superintendent of the Mississippi Achievement School District.
(3) Appointments to the advisory panel shall be made within thirty (30) days of passage of this act. The advisory panel shall meet upon the call of the State Superintendent of Public Education and Commission of Higher Education and shall organize for business by selecting a chairman and vice chairman/secretary for keeping records of the panel. Members of the advisory panel shall receive no compensation but may be reimbursed for necessary expenses and mileage for attending meetings and necessary business of the panel, in the amount authorized for state employees under Section 25–3–41.
(4) The board may utilize the staff of the State Department of Education, Delta State University and other state agencies as may be required for the implementation of this act. The department may employ any personnel deemed necessary by the board for assisting in the development and implementation of the plan relating to the opening, operation and funding the pilot program. The board also may contract or enter into agreements with other agencies or private entities which it deems necessary to carry out its duties and functions relating to the opening and operation of the school.
(5) To the extent possible, the board shall enter into agreements with the Delta State University for the dual enrollment of eligible students attending pilot program. The State Board of Education, with the assistance of Delta State University, may develop and issue necessary regulations for the coordination of such courses for these students and the preparation and transfer of transcripts upon completion and graduation.
SECTION 5. (1) The Strengthening Academic Victories through Educational Development at Delta State University (SAVED at DSU) Pilot Program shall:
(a) Establish minimum standards governing annual increases in the academic performance indicators that are agreed upon with the State Board of Education and Delta State University;
(b) No later than thirty (30) days following the initial startup of the pilot program, conduct ongoing assessments of student performance, including an initial baseline assessment of knowledge and skills in each grade level and academic content area in which instruction is provided;
(c) Establish data-driven instructional programs;
(d) Provide curriculum that is aligned with state academic standards for college and career readiness;
(e) Provide a full-day kindergarten program;
(f) Provide appropriate educational programs for students who are eligible for special education and related services, English Language Learner services, and services for exceptional children, as defined under Section 37-23-3;
(g) Develop appropriate educational goals for each student and offer differentiated instruction to meet the needs of all students;
(h) Provide academic supports and interventions, including tutoring and other appropriate educational assistance, that are targeted for students who perform below proficiency standards on an academic performance indicator;
(i) Provide for a student-to-teacher ratio that does not exceed 15:1 for elementary grades and 20:1 for secondary grades;
(j) Provide for appropriate staffing that includes positions and selection of staff to address the needs of the students;
(k) Provide for a minimum of one thousand one hundred (1,100) hours of elementary instruction or one thousand one hundred ninety (1,190) hours of secondary instruction, as applicable, which may include any of the following:
(i) An extended school day;
(ii) An extended school year;
(iii) A minimum of four (4) weeks of summer school; and
(iv) Saturday instructional classes;
(l) Provide programs to improve parental involvement, which may include:
(i) Creation of a school advisory council;
(ii) Professional development programs for administrators, teachers and support professionals that focus on communication centered upon students' academic goals with parents;
(iii) Interaction with family members from different cultural and linguistic backgrounds;
(iv) Programs that provide instruction on parenting skills and opportunities for parents to engage in the operation of the pilot programs and its curriculum;
(v) Provision of supports to families for students most at risk of academic failure, truancy and dropping out of school by school-based social workers and home and school visitors;
(vi) Programs to improve parent and student satisfaction, which may include programs to improve communications with parents and provide parents with opportunities to provide feedback; and
(vii) Programs to improve access to intensive social services for victory academic students and their families, which may include family counseling services, home, school and community safety programs and substance abuse treatment;
(m) Formulate and implement programs designed to improve the learning environment and school culture, which shall include measures to ensure the safety of students and staff, and may include the following:
(i) Positive behavioral supports;
(ii) Professional development; and
(iii) Coordination with community partners.
SECTION 6. The State Board of Education and IHL Board shall collaboratively prepare the annual budget for the pilot program. For the operation and support of the pilot program, the board or university may receive contributions, donations, gifts, bequests of money, other forms of financial assistance and property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations and other sources, public or private, to be expended and utilized by the boards in carrying out this act.
SECTION 7. Prior to the enrollment of students into the Strengthening Academic Victories through Educational Development at Delta State University (SAVED at DSU) Pilot Program, the State Board of Education shall:
(a) Conduct at least two (2) community meetings at a central designation location in each county of the Delta region, to be held during the evening, which shall include a presentation on the SAVED at DSU Pilot Program, distribution of information materials and a question and answer session with parents and community members to address the implementation of the pilot program. Upon being notified by the State Department of Education of a proposed meeting date, each school district within the counties of the Delta region shall provide public notice for each community meeting; and
(b) At least one (1) meeting for teachers and administrators employed by school districts in the affected counties of the Delta region and appropriate employees of Delta State University, held at Delta State University, which shall include a presentation on the SAVED at DSU Pilot Program with information on how the implementation may impact staff employment at the schools within the Delta region and at the university.
SECTION 8. (1) (a) The State Department of Education shall make payments to Delta State University for each student in average daily attendance at the SAVED at DSU Pilot Program equal to the state share of the adequate education program payments for each student in average daily attendance at the school district or residence. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides, to be determined as provided in Section 37-151-7(2)(a).
(b) Payments made pursuant to this subsection by the department 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. Amounts payable to the university must be determined by the department. Amounts payable to the university over term of the pilot program must be based on the enrollment projections set forth over the designated term of pilot program. Such projections must be reconciled with the average daily attendance using months two (2) and three (3) ADA for the current year for which adequate education program funds are being appropriated and any necessary adjustments must be made to payments during the pilot program's following year of operation.
(2) For students attending the SAVED at DSU Pilot Program located in the school district in which the student resides, the school district in which the university is located shall pay directly to the university an amount for each student enrolled in the pilot program equal to the ad valorem tax receipts and in-lieu payments received per pupil for the support of the local school district in which the student resides. The pro rata ad valorem receipts and in-lieu receipts to be transferred to the university 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 may not include 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 university by the 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 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 local school district. The local school district shall pay an amount equal to this pro rata amount multiplied by the number of students enrolled in the pilot program, based on the program's end of first month enrollment for the current school year. The amount must be paid by the school district to the university before January 16 of the current fiscal year. If the local school district does not pay the required amount to the university before January 16, the State Department of Education shall reduce the local school district's January transfer of Mississippi Adequate Education Program funds by the amount owed to the university and shall redirect that amount to the university. Any such payments made under this subsection (2) by the State Department of Education to the university 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.
(3) For students attending the SAVED at DSU Pilot Program who do not reside in the district where the university is located, the State Department of Education shall pay to the university 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), however, not including 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 university by the 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 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 transferor local school district. The payable amount shall be equal to this pro rata amount multiplied by the number of students enrolled in the pilot program, based on the program's end of first month enrollment for the current school year. The State Department of Education shall reduce the school district's January transfer of Mississippi Adequate Education Program funds by the amount owed to the university and shall redirect that amount to the university. Any such payments made under this subsection (3) by the State Department of Education to the university 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.
(4) (a) The State Department of Education shall direct the proportionate share of monies generated under federal and state categorical aid programs, including special education, vocational, gifted and alternative school programs, if the pilot program serves students eligible for such aid. The department shall ensure that any expansion in enrollment within the pilot programs is treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Provided that the pilot programs serves students who may be eligible to receive services provided through such programs, the university shall comply with all reporting requirements to receive the aid.
(b) The university shall pay to a local school district any federal or state aid attributable to a student with a disability attending the charter school in proportion to the level of services for that student which the local school district provides directly or indirectly.
(5) (a) The State Department of Education shall disburse state transportation funding to the university on the same basis and in the same manner as it is paid to school districts under the adequate education program, for those students deemed eligible for transportations services in accordance with Section 3(2)(b) of this act.
(b) The university may enter into a contract with a school district or private provider to provide transportation to the school's students.
SECTION 9. (1) Within thirty (30) days of the
conclusion of each scholastic year during the term of pilot program, the university shall submit to the State Board of Education such information as required by the board in the manner indicated by the department on the academic performance indicators.
(2) Within ninety (90) days of the conclusion
of the final scholastic year of the pilot program, the department shall conduct a study and prepare a written report on the effectiveness of the pilot program to raise student academic
performance and submit it to the Governor, the chairmen of the Education Committees of the Senate and House of Representatives.
SECTION 10. This act shall take effect and be in force from and after July 1, 2024.