MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Senator(s) DeBar
AN ACT TO AMEND SECTION 25-11-126, MISSISSIPPI CODE OF 1972, TO REDUCE THE REQUIRED SEPARATION PERIOD FOR RETIREES RETURNING TO WORK AS TEACHERS UNDER THE SECTION FROM 90 DAYS TO 45 DAYS; TO REMOVE THE REQUIREMENT OF A MINIMUM NUMBER OF YEARS OF CREDITABLE SERVICE FOR SUCH A RETIREE TO RETURN TO WORK AS A TEACHER; TO REMOVE THE REQUIREMENT THAT SUCH A RETIREE RETURNING TO WORK AS A TEACHER BE HIRED TO TEACH ONLY IN A DISTRICT HAVING A CRITICAL TEACHER SHORTAGE OR CRITICAL SUBJECT-AREA SHORTAGE; TO ADJUST THE PENSION LIABILITY PARTICIPATION ASSESSMENT AND SUCH RETIREE'S SALARY FOR RETURNING TO WORK AS A TEACHER, AS DETERMINED IN SECTION 37-19-7; TO ALLOW LOCAL EDUCATION AGENCIES TO PAY, FROM LOCAL EDUCATION FUNDING, ALL OR A PORTION OF THE HEALTH INSURANCE PREMIUMS FOR SUCH RETIREES RETURNING TO WORK AS TEACHERS; TO ALLOW A MEMBER TO CONTINUE AS A LICENSED TEACHER IN AN INSTRUCTIONAL POSITION IF THE PERSON HAS REACHED THE AGE AND/OR SERVICE REQUIREMENT THAT WILL NOT RESULT IN A PROHIBITED IN-SERVICE DISTRIBUTION AS DEFINED BY THE INTERNAL REVENUE SERVICE, PROVIDED THAT THE PERSON ELECTS TO RECEIVE COMPENSATION AS PROVIDED FOR OTHER RETIREES RETURNING TO WORK AS TEACHERS UNDER THIS SECTION; TO AMEND SECTIONS 25-11-127 AND 25-9-120, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A SCHOOL DISTRICT MAY PAY NO MORE THAN 65% OF A RETIRED TEACHER'S COMPENSATION AS SALARY, AND THE DISTRICT SHALL PAY TO THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF MISSISSIPPI A PENSION LIABILITY PARTICIPATION ASSESSMENT IN THE AMOUNT OF THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS ON THE FULL AMOUNT OF THE REGULAR COMPENSATION FOR THE POSITION HELD BY THE RETIRED TEACHER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-11-126, Mississippi Code of 1972, is amended as follows:
25-11-126. (1) For
purposes of this section, "retiree" means any person who * * * is receiving a retirement
allowance * * *
and holds a standard teaching license in Mississippi * * * at the time of reemployment.
(2) A retiree may be
employed as a teacher in a public school district after * * * having been retired at least
forty-five (45) days, and choose to continue receiving the retirement
allowance under this article during his or her employment as a teacher after
retirement in addition to receiving the salary authorized under this section,
along with the local contribution of the school district in which the retiree
is employed, at the discretion of the school district. * * *
( * * *3) * * *
The base compensation authorized for returning retired teachers under Section
37-19-7 shall not be graduated annually in the same manner as teachers who are
employed by a school district under traditional employment guidelines, but
shall remain static for the entirety of his or her eligible teaching period as
a retired teacher.
( * * *4) (a) A * * * retiree may be employed
as a teacher, continue receiving his or her retirement allowance and be a
contributing member of the system without accruing additional retirement
benefits for a total of five (5) years, which may be performed consecutively or
intermittently. This method is designed specifically to provide funding for
the system to actuarially offset any pension liability created by this
section. Each school district hiring * * * retirees under * * * this section * * * shall make a direct payment to PERS, which
shall serve as a pension liability participation assessment. The
pension liability participation assessment and the * * * retiree's salary for
returning to work as a teacher shall be determined as * * * provided in Section 37-19-7(1)(b).
* * *
(b) If a * * * retiree, reemployed
under * * * this section, works in a school district for any portion of a
scholastic year less than a full contractual term of traditional teachers, the
time worked by the * * * retiree shall constitute one (1) of the five
(5) years of post-retirement teaching eligibility. A * * * retiree, under * * * this section, shall be
entitled to work in any applicable school district and shall not be obligated
to remain in any one (1) school district for the entirety of his or her post
retirement teaching eligibility, but shall be cumulative in nature so as not to
exceed five (5) years. The salary authorized under Section 37-19-7 for retired
teachers shall be prorated for any period worked by the * * * retiree that is less
than one (1) full academic year.
(c) The State
Department of Education shall transfer to the system the * * * total
funding formula funds of local school districts that on or after July 1,
2024, hire * * * retirees as teachers under this section and other
funds that otherwise would have been payable to the districts if the districts
had not taken advantage of this section. The crediting of assets and financing
shall follow * * * Section 25-11-123.
(d) Local educational
agencies shall transfer to the system * * * total
funding formula funds of local school districts that on or after July 1,
2024, hire * * * retirees as teachers under this section and other
funds that otherwise would have been payable to the districts if the districts
had not taken advantage of this section. The crediting of assets and financing
must follow * * * Section 25-11-123.
(e) Local education agencies may pay, from local education funding, all or a portion of the health insurance premiums for retirees returning to work as teachers under this section.
* * *
(5) A * * * retiree may be hired under this
section subject to the following conditions:
(a) The * * * retiree holds any
teacher's professional license or certificate as may be required in Section 37-3-2,
and holds the related standard teaching license and/or endorsements to teach in
the applicable subject area;
(b) The superintendent of the employing school district certifies in writing to the State Department of Education that the retired member has the requisite experience, training and expertise for the position to be filled;
(c) The superintendent of the school district certifies or the principal of the school certifies that there was no preexisting arrangement for the person to be hired; and
(d) The person had a
satisfactory performance review for the most recent period before retirement * * *.
* * *
(6) The State Superintendent of Public Education shall report the persons who are employed under this section to the Executive Director of the Public Employees' Retirement System.
(7) The Department of
Education shall promulgate regulations that prescribe a salary schedule that
reflects the provisions of this section. Each school district shall create a
policy, approved by the local school board, related to the hiring of * * * retirees and
including, but not limited to, the hiring of retirees as full- and part-time * * * teachers * * * under this section and Section 25-11-127.
(8) A member may retire and continue as a licensed teacher in an instructional position if the member has reached both the age and service requirements that will not result in a prohibited in-service distribution as defined by the Internal Revenue Service, provided that the person elects to receive compensation for that instructional position as provided in subsections (3) and (4)(a) of this section. In order to receive such compensation, the retiree shall file annually, in writing, in the office of the employer and the office of the executive director of the system, an election to receive, in addition to a retirement allowance, compensation as allowed in this subsection (8).
( * * *9) Any * * * retiree who returns to
work as a teacher in accordance with this section shall not be eligible
to return to work under * * * the provisions of Section 25-11-127.
SECTION 2. Section 25-11-127, Mississippi Code of 1972, is amended as follows:
25-11-127. (1) (a) Except
as otherwise provided in Section 25-11-126, no person who is being paid a
retirement allowance or a pension after retirement under this article shall be
employed or paid for any service by the State of Mississippi, including
services as an employee, contract worker, contractual employee or independent
contractor, until the retired person has been retired for not less than ninety
(90) consecutive days from his or her effective date of retirement. After the
person has been retired for not less than ninety (90) consecutive days from his
or her effective date of retirement or such later date as established by the
board, he or she may be reemployed while being paid a retirement allowance
under * * * this section * * *.
(b) No retiree of this retirement system who is reemployed or is reelected to office after retirement shall continue to draw retirement benefits while so reemployed, except as provided in this section or in Section 25-11-126.
(c) No person employed or elected under the exceptions provided for in this section shall become a member under Article 3 of the retirement system.
(2) Except as otherwise provided in Section 25-11-126, any person who has been retired under the provisions of Article 3 and who is later reemployed in service covered by this article shall cease to receive benefits under this article and shall again become a contributing member of the retirement system. When the person retires again, if the reemployment exceeds six (6) months, the person shall have his or her benefit recomputed, including service after again becoming a member, provided that the total retirement allowance paid to the retired member in his or her previous retirement shall be deducted from the member's retirement reserve and taken into consideration in recalculating the retirement allowance under a new option selected.
(3) The board shall have
the right to prescribe rules and regulations for carrying out * * * this section.
(4) * * * This section shall not be
construed to prohibit any retiree, regardless of age, from being employed and
drawing a retirement allowance either:
(a) For a period of time not to exceed one-half (1/2) of the normal working days for the position in any fiscal year during which the retiree will receive no more than one-half (1/2) of the salary in effect for the position at the time of employment, or
(b) For a period of time in any fiscal year sufficient in length to permit a retiree to earn not in excess of twenty-five percent (25%) of retiree's average compensation.
To determine the normal working days for a position under paragraph (a) of this subsection, the employer shall determine the required number of working days for the position on a full-time basis and the equivalent number of hours representing the full-time position. The retiree then may work up to one-half (1/2) of the required number of working days or up to one-half (1/2) of the equivalent number of hours and receive up to one-half (1/2) of the salary for the position. In the case of employment with multiple employers, the limitation shall equal one-half (1/2) of the number of days or hours for a single full-time position.
Notice shall be given in writing to the executive director, setting forth the facts upon which the employment is being made, and the notice shall be given within five (5) days from the date of employment and also from the date of termination of the employment.
(5) Except as otherwise provided in subsection (6) of this section, the employer of any person who is receiving a retirement allowance and who is employed in service covered by subsection (4) of this section as an employee or a contractual employee shall pay to the board the full amount of the employer's contribution on the amount of compensation received by the retiree for his or her employment in accordance with regulations prescribed by the board. The retiree shall not receive any additional creditable service in the retirement system as a result of the payment of the employer's contribution. This subsection does not apply to persons who are receiving a retirement allowance and who contract with an employer to provide services as a true independent contractor, as defined by the board through regulation.
(6) (a) A member may retire and continue in municipal or county elective office provided that the member has reached the age and/or service requirement that will not result in a prohibited in-service distribution as defined by the Internal Revenue Service, or a retiree may be elected to a municipal or county office, provided that the person:
(i) Files annually, in writing, in the office of the employer and the office of the executive director of the system before the person takes office or as soon as possible after retirement, a waiver of all salary or compensation and elects to receive in lieu of that salary or compensation a retirement allowance as provided in this section, in which event no salary or compensation shall thereafter be due or payable for those services; however, any such officer or employee may receive, in addition to the retirement allowance, office expense allowance, mileage or travel expense authorized by any statute of the State of Mississippi; or
(ii) Elects to receive compensation for that elective office in an amount not to exceed twenty-five percent (25%) of the retiree's average compensation. In order to receive compensation as allowed in this subparagraph, the retiree shall file annually, in writing, in the office of the employer and the office of the executive director of the system, an election to receive, in addition to a retirement allowance, compensation as allowed in this subparagraph.
(b) The municipality or county in which the retired person holds elective office shall pay to the board the amount of the employer's contributions on the full amount of the regular compensation for the elective office that the retired person holds.
(c) As used in this subsection, the term "compensation" does not include office expense allowance, mileage or travel expense authorized by a statute of the State of Mississippi.
(7) Any retired teacher who returns to work in accordance with this section shall not be eligible to return to work under the provisions of Section 25-11-126.
SECTION 3. Section 25-9-120, Mississippi Code of 1972, is amended as follows:
25-9-120. (1) (a)
Contract personnel, whether classified as contract workers or independent
contractors shall not be deemed state service or nonstate service employees of
the State of Mississippi, and shall not be eligible to participate in the
Public Employees' Retirement System, nor be allowed credit for personal and
sick leave and other leave benefits as employees of the State of Mississippi,
notwithstanding Sections 25-3-91 through 25-3-101; 25-9-101 through 25-9-151;
25-11-1 through 25-11-126; 25-11-128 through 25-11-131; 25-15-1 through 25-15-23
and for the purpose set forth herein. Contract workers, i.e., contract
personnel who do not meet the criteria of independent contractors, shall be
subject to * * * Section 25-11-126 or 25-11-127.
(b) Contract workers for any department, agency or institution of the state government, any school district, community/junior college, public library or university-based program, whether classified as contract workers or independent contractors, may purchase the base plan of the State and School Employees' Health Insurance Plan provided that such person pays the full price of such plan without contribution from their employer. Such government entities shall offer the base plan to any such personnel who work at least one hundred thirty (130) hours per month. The provisions of this paragraph (b) shall not apply to independent contractors. The State and School Employees' Health Insurance Management Board shall establish the premiums.
(2) The Personal Service Contract Review Board is abolished. The Public Procurement Review Board shall be the Personal Service Contract Review Board and shall retain all powers and duties granted by law to the Personal Service Contract Review Board. All equipment, inventories, records, personnel, resources and other property, real or personal, tangible or intangible, of the Personal Service Contract Review Board shall be transferred to the Public Procurement Review Board as provided in Section 27-104-7. The transfer of personnel shall be commensurate with the number and classification of positions (PINS) allocated to the Personal Service Contract Review Board on June 30, 2017. Wherever the terms "Personal Service Contract Review Board" or "board," when referring to the Personal Service Contract Review Board, appear in any law, rule, regulation or document the same shall be construed to mean the Public Procurement Review Board.
SECTION 4. Section 37-19-7, Mississippi Code of 1972, is amended as follows:
37-19-7. (1) (a) Teachers' salaries in each public school district shall be determined and paid in accordance with the scale for teachers' salaries as provided in this subsection. For teachers holding the following types of licenses or the equivalent as determined by the State Board of Education, and the following number of years of teaching experience, the scale shall be as follows:
2022-2023 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE
Exp. AAAA AAA AA A
0 45,500.00 44,000.00 43,000.00 41,500.00
1 46,100.00 44,550.00 43,525.00 41,900.00
2 46,700.00 45,100.00 44,050.00 42,300.00
3 47,300.00 45,650.00 44,575.00 42,700.00
4 47,900.00 46,200.00 45,100.00 43,100.00
5 49,250.00 47,500.00 46,350.00 44,300.00
6 49,850.00 48,050.00 46,875.00 44,700.00
7 50,450.00 48,600.00 47,400.00 45,100.00
8 51,050.00 49,150.00 47,925.00 45,500.00
9 51,650.00 49,700.00 48,450.00 45,900.00
10 53,000.00 51,000.00 49,700.00 47,100.00
11 53,600.00 51,550.00 50,225.00 47,500.00
12 54,200.00 52,100.00 50,750.00 47,900.00
13 54,800.00 52,650.00 51,275.00 48,300.00
14 55,400.00 53,200.00 51,800.00 48,700.00
15 56,750.00 54,500.00 53,050.00 49,900.00
16 57,350.00 55,050.00 53,575.00 50,300.00
17 57,950.00 55,600.00 54,100.00 50,700.00
18 58,550.00 56,150.00 54,625.00 51,100.00
19 59,150.00 56,700.00 55,150.00 51,500.00
20 60,500.00 58,000.00 56,400.00 52,700.00
21 61,100.00 58,550.00 56,925.00 53,100.00
22 61,700.00 59,100.00 57,450.00 53,500.00
23 62,300.00 59,650.00 57,975.00 53,900.00
24 62,900.00 60,200.00 58,500.00 54,300.00
25 65,400.00 62,700.00 61,000.00 56,800.00
26 66,000.00 63,250.00 61,525.00 57,200.00
27 66,600.00 63,800.00 62,050.00 57,600.00
28 67,200.00 64,350.00 62,575.00 58,000.00
29 67,800.00 64,900.00 63,100.00 58,400.00
30 68,400.00 65,450.00 63,625.00 58,800.00
31 69,000.00 66,000.00 64,150.00 59,200.00
32 69,600.00 66,550.00 64,675.00 59,600.00
33 70,200.00 67,100.00 65,200.00 60,000.00
34 70,800.00 67,650.00 65,725.00 60,400.00
35
& above 71,400.00 68,200.00 66,250.00 60,800.00
2024-2025 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE
The school district, with assistance from the Department of Education, shall consider the teacher's years of service and license type and determine the corresponding salary for the retired teacher.
(b) After
determining the retired teacher's corresponding salary, the school district may
allocate up to one hundred twenty-five percent (125%) of the amount provided
under the salary schedule for such teacher, as applicable, as salary and
assessment under the program. * * *
The school district may pay no more than * * * sixty-five percent
(65%) of the retired teacher's compensation as salary to the retired
teacher. * * * The school district in which the
retired teacher holds a position shall pay to the board a pension liability
participation assessment in the amount of the employer and employee
contributions on the full amount of the regular compensation for the position
held by the retired teacher.
(c) It is the intent of the Legislature that any state funds made available for salaries of licensed personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to licensed personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system.
(d) All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.
(e) The level of professional training of each teacher to be used in establishing the salary for the teacher for each year shall be determined by the type of valid teacher's license issued to that teacher on or before October 1 of the current school year. However, school districts are authorized, in their discretion, to negotiate the salary levels applicable to licensed employees who are receiving retirement benefits from the retirement system of another state.
(2) (a) The following employees shall receive an annual salary supplement in the amount of Six Thousand Dollars ($6,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:
(i) Any licensed
teacher or retired teacher employed by a school district under * * * Section 25-11-126 who has met
the requirements and acquired a Master Teacher certificate from the National
Board for Professional Teaching Standards and who is employed by a local school
board or the State Board of Education as a teacher and not as an
administrator. Such teacher shall submit documentation to the State Department
of Education that the certificate was received prior to October 15 in order to
be eligible for the full salary supplement in the current school year, or the
teacher shall submit such documentation to the State Department of Education
prior to February 15 in order to be eligible for a prorated salary supplement
beginning with the second term of the school year.
(ii) A licensed nurse who has met the requirements and acquired a certificate from the National Board for Certification of School Nurses, Inc., and who is employed by a local school board or the State Board of Education as a school nurse and not as an administrator. The licensed school nurse shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school nurse shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(iii) Any licensed school counselor who has met the requirements and acquired a National Certified School Counselor (NCSC) endorsement from the National Board of Certified Counselors and who is employed by a local school board or the State Board of Education as a counselor and not as an administrator. Such licensed school counselor shall submit documentation to the State Department of Education that the endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school counselor shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, any school counselor who started the National Board for Professional Teaching Standards process for school counselors between June 1, 2003, and June 30, 2004, and completes the requirements and acquires the Master Teacher certificate shall be entitled to the master teacher supplement, and those counselors who complete the process shall be entitled to a one-time reimbursement for the actual cost of the process as outlined in paragraph (b) of this subsection.
(iv) Any licensed speech-language pathologist and audiologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association and any certified academic language therapist (CALT) who has met the certification requirements of the Academic Language Therapy Association and who is employed by a local school board. The licensed speech-language pathologist and audiologist and certified academic language therapist shall submit documentation to the State Department of Education that the certificate or endorsement was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed speech-language pathologist and audiologist and certified academic language therapist shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(v) Any licensed athletic trainer who has met the requirements and acquired Board Certification for the Athletic Trainer from the Board of Certification, Inc., and who is employed by a local school board or the State Board of Education as an athletic trainer and not as an administrator. The licensed athletic trainer shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed athletic trainer shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(b) An employee shall be reimbursed for the actual cost of completing each component of acquiring the certificate or endorsement, excluding any costs incurred for postgraduate courses, not to exceed Five Hundred Dollars ($500.00) for each component, not to exceed four (4) components, for a teacher, school counselor or speech-language pathologist and audiologist, regardless of whether or not the process resulted in the award of the certificate or endorsement. A local school district or any private individual or entity may pay the cost of completing the process of acquiring the certificate or endorsement for any employee of the school district described under paragraph (a), and the State Department of Education shall reimburse the school district for such cost, regardless of whether or not the process resulted in the award of the certificate or endorsement. If a private individual or entity has paid the cost of completing the process of acquiring the certificate or endorsement for an employee, the local school district may agree to directly reimburse the individual or entity for such cost on behalf of the employee.
(c) All salary supplements,
fringe benefits and process reimbursement authorized under this subsection
shall be paid directly by the State Department of Education to the local school
district and shall be in addition to its allotments from the total funding
formula provided in Sections 37-151-200 through 37-151-215 and not a part
thereof in accordance with regulations promulgated by the State Board of
Education. Local school districts shall not reduce the local supplement paid
to any employee receiving such salary supplement, and the employee shall
receive any local supplement to which employees with similar training and
experience otherwise are entitled. However, an educational employee shall
receive the salary supplement in the amount of Six Thousand Dollars ($6,000.00)
for only one (1) of the qualifying certifications authorized under paragraph
(a) of this subsection. No school district shall provide more than one (1)
annual salary supplement under * * * this subsection to any one
(1) individual employee holding multiple qualifying national certifications.
(d) If an employee for whom such cost has been paid, in full or in part, by a local school district or private individual or entity fails to complete the certification or endorsement process, the employee shall be liable to the school district or individual or entity for all amounts paid by the school district or individual or entity on behalf of that employee toward his or her certificate or endorsement.
(3) The following employees shall receive an annual salary supplement in the amount of Four Thousand Dollars ($4,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:
Effective July 1, 2016, if
funds are available for that purpose, any licensed teacher or retired teacher
employed by a local school district under * * * Section 25-11-126 who has met
the requirements and acquired a Master Teacher Certificate from the National
Board for Professional Teaching Standards and who is employed in a public
school district located in one (1) of the following counties: Claiborne,
Adams, Jefferson, Wilkinson, Amite, Bolivar, Coahoma, Leflore, Quitman,
Sharkey, Issaquena, Sunflower, Washington, Holmes, Yazoo and Tallahatchie. The
salary supplement awarded under * * * this subsection (3) shall be
in addition to the salary supplement awarded under * * * subsection (2) of this
section.
Teachers who meet the qualifications for a salary supplement under this subsection (3) who are assigned for less than one (1) full year or less than full time for the school year shall receive the salary supplement in a prorated manner, with the portion of the teacher's assignment to the critical geographic area to be determined as of June 15th of the school year.
(4) (a) This subsection shall be known and may be cited as the "Mississippi Performance-Based Pay (MPBP)" plan. In addition to the minimum base pay described in this section, only if funds are available for that purpose, the State of Mississippi may provide monies from state funds to school districts for the purposes of rewarding licensed teachers, administrators and nonlicensed personnel at individual schools showing improvement in student test scores. The MPBP plan shall be developed by the State Department of Education based on the following criteria:
(i) It is the express intent of this legislation that the MPBP plan shall utilize only existing standards of accreditation and assessment as established by the State Board of Education.
(ii) To ensure that all of Mississippi's teachers, administrators and nonlicensed personnel at all schools have equal access to the monies set aside in this section, the MPBP program shall be designed to calculate each school's performance as determined by the school's increase in scores from the prior school year. The MPBP program shall be based on a standardized scores rating where all levels of schools can be judged in a statistically fair and reasonable way upon implementation. At the end of each year, after all student achievement scores have been standardized, the State Department of Education shall implement the MPBP plan.
(iii) To ensure all teachers cooperate in the spirit of teamwork, individual schools shall submit a plan to the local school district to be approved before the beginning of each school year. The plan shall include, but not be limited to, how all teachers, regardless of subject area, and administrators will be responsible for improving student achievement for their individual school.
(b) The State Board of Education shall develop the processes and procedures for designating schools eligible to participate in the MPBP. State assessment results, growth in student achievement at individual schools and other measures deemed appropriate in designating successful student achievement shall be used in establishing MPBP criteria.
(5) (a) If funds are available for that purpose, each school in Mississippi shall have mentor teachers, as defined by Sections 37-9-201 through 37-9-213, who shall receive additional base compensation provided for by the State Legislature in the amount of One Thousand Dollars ($1,000.00) per each beginning teacher that is being mentored. The additional state compensation shall be limited to those mentor teachers that provide mentoring services to beginning teachers. For the purposes of such funding, a beginning teacher shall be defined as any teacher in any school in Mississippi that has less than one (1) year of classroom experience teaching in a public school. For the purposes of such funding, no full-time academic teacher shall mentor more than two (2) beginning teachers.
(b) To be eligible for this state funding, the individual school must have a classroom management program approved by the local school board.
(6) Effective with the 2014-2015 school year, the school districts participating in the Pilot Performance-Based Compensation System pursuant to Section 37-19-9 may award additional teacher and administrator pay based thereon.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.