MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education

By: Representatives McCoy, Scott (17th)

AN ACT TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO REDUCE PER DIEM PAYMENTS TO LOCAL SCHOOL BOARD MEMBERS AND SALARY PAYMENTS TO LOCAL SCHOOL SUPERINTENDENTS IF THE SCHOOL DISTRICT IS UNDER A CONSERVATORSHIP FOR FAILURE TO CORRECT ACCREDITATION DEFICIENCIES, TO REQUIRE ANY SCHOOL DISTRICT UNDER A CONSERVATORSHIP TO REIMBURSE THE STATE DEPARTMENT OF EDUCATION FOR THE SALARY AND OTHER ACTUAL COSTS RELATED TO THE DUTIES OF THE CONSERVATOR, TO AUTHORIZE THE COMMISSION ON SCHOOL ACCREDITATION TO DEVELOP A SCHOOL IMPROVEMENT PROGRAM AND A PROBATIONARY PERIOD FOR SCHOOLS WITH ACCREDITATION DEFICIENCIES AND TO EXERCISE MANAGEMENT OVERRIDE AND SALARY REDUCTION AUTHORITY OVER THE PRINCIPAL OF SCHOOLS WHICH HAVE HAD THEIR ACCREDITATION WITHDRAWN, AND TO DELETE CERTAIN REFERENCES TO LEVEL I AND LEVEL II SCHOOL DISTRICTS; TO AMEND SECTION 37-17-13, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE STATE BOARD OF EDUCATION SHALL HAVE ALL POWERS OF THE PREVIOUSLY EXISTING SCHOOL SUPERINTENDENT WHEN THE SCHOOL DISTRICT HAS BEEN ABOLISHED DUE TO A STATE OF EMERGENCY; TO AMEND SECTIONS 37-6-13 AND 37-9-37, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO BRING FORWARD SECTIONS 37-17-1 THROUGH 37-17-5, AND 37-17-7 THROUGH 37-17-11, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE ACCREDITATION OF SCHOOLS; TO BRING FORWARD SECTIONS 37-16-1 THROUGH 37-16-11, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE STATEWIDE ASSESSMENT TESTING IN PUBLIC SCHOOLS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-17-6, Mississippi Code of 1972, is amended as follows:

37-17-6. (1) The State Board of Education, acting through the Commission on School Accreditation, shall establish and implement a permanent performance-based accreditation system, and all public elementary and secondary schools shall be accredited under this system.

(2) No later than June 30, 1995, the State Board of Education, acting through the Commission on School Accreditation, shall require school districts to provide school classroom space that is air conditioned as a minimum requirement for accreditation.

(3) (a) Beginning with the 1994-1995 school year, the State Board of Education, acting through the Commission on School Accreditation, shall require as a minimum requirement for Level III, IV and V accreditation, that school districts employ certified school librarians according to the following formula:

Number of Students Number of Certified

Per School Library School Librarians

(b) The State Board of Education, however, may increase the number of positions beyond the above requirements.

(c) The assignment of such school librarians to the particular schools shall be at the discretion of the local school district. No individual shall be employed as a certified school librarian without appropriate training and certification as a school librarian by the State Department of Education.

(d) To qualify for Level III accreditation, school librarians in such district shall spend at least fifty percent (50%) of direct work time in a school library and shall devote no more than one-fourth (1/4) of the workday to administrative activities which are library related.

(e) Nothing in this subsection shall prohibit any school district from employing more certified school librarians than are provided for in this section.

(f) Any additional millage levied to fund school librarians required for accreditation under this subsection shall be included in the tax increase limitation set forth in Sections 37-57-105 and 37-57-107 and shall not be deemed a new program for purposes of the limitation.

(4) On or before July 1, 1994, the State Board of Education shall implement the performance-based accreditation system which shall include school performance standards that are comparable to any national standards which may be established. The system shall establish rigorous minimum standards; establish levels above the minimum which demand exemplary performance; hold all school districts accountable for their students' educational progress; and establish strict measures for those districts which fail to meet minimum standards.

(5) Nothing in this section shall be deemed to require a nonpublic school which receives no local, state or federal funds for support to become accredited by the State Board of Education.

(6) The State Board of Education shall create an accreditation audit unit under the Commission on School Accreditation. This audit unit shall be made up of full-time employees of the State Department of Education who are trained as accreditation auditors. This audit unit shall conduct field audits of schools on a random basis or when ordered by the Commission on School Accreditation, to determine whether schools are complying with accreditation standards. The audit unit shall also train the evaluators set forth in subsection (10) of this section. The audit unit shall report directly to the Commission on School Accreditation on the result of all audits.

(7) The State Board of Education shall be specifically authorized and empowered to withhold adequate minimum education program or adequate education program fund allocations, whichever is applicable, to any public school district for failure to timely report student, school personnel and fiscal data necessary to meet state and/or federal requirements.

(8) The Commission on School Accreditation shall select, approve, train and assign all evaluators who conduct on-site accreditation reviews. Prior to this action, the commission shall have established guidelines and criteria for the selection and training of all evaluators and shall have obtained the approval of the State Board of Education of these guidelines and criteria. All on-site accreditation reviews shall be submitted directly to the Commission on School Accreditation.

(9) The State Board of Education shall establish, for those school districts failing to meet accreditation standards, a program of development to be complied with in order to receive state funds, except as otherwise provided in subsection (14) of this section when the Governor has declared a state of emergency in a school district or as otherwise provided in Section 206, Mississippi Constitution of 1890. The state board, in establishing these standards, shall provide for notice to schools and sufficient time and aid to enable schools to attempt to meet these standards, unless procedures under subsection (14) of this section have been invoked.

(10) Beginning July 1, 1998, the State Board of Education shall be charged with the implementation of the program of development in each applicable * * * school district as follows:

(a) Develop an impairment report for each district failing to meet accreditation standards in conjunction with school district officials, no later than the end of the school year, and make recommendations for corrective actions to remove the impairment status;

(b) Notify any applicable * * * school district failing to meet accreditation standards that it is on probation until the recommendations for corrective action are taken or until the deficiencies have been removed. * * * The State Department of Education shall develop a corrective action plan with the school district to improve its deficiencies. For district academic deficiencies, the corrective action plan for each such school district shall be based upon a complete analysis of the following: student test data, student grades, student attendance reports, student drop-out data, existence and other relevant data. The corrective action plan shall describe the specific measures to be taken by the particular school district to improve: (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community. The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated. All corrective action plans shall be presented to the State Board of Education for approval. Local school districts may revise their corrective action plans at any time; however, all revisions shall be submitted to the State Department of Education for review and shall be submitted to the State Board of Education for final approval. Local school districts may recommend to the State Board of Education a schedule for the completion of its corrective action plan, to be approved by the State Board of Education prior to its implementation. The decision of the State Board of Education establishing the probationary period of time shall be final;

(c) Offer, during the probationary period, technical assistance to the school district in making corrective actions. Beginning July 1, 1998, subject to the availability of funds, the State Department of Education shall provide technical and/or financial assistance to all such school districts in order to implement each measure identified in that district's corrective action plan through professional development and on-site assistance. Each such school district shall apply for and utilize all available federal funding in order to support its corrective action plan in addition to state funds made available under this paragraph;

(d) Contract, in its discretion, with the institutions of higher learning or other appropriate private entities to develop corrective action plans and provide professional development for schools placed on probation;

(e) Provide for publication of public notice at least one (1) time during the probationary period, in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The publication shall include the following: declaration of school system's status as being on probation; all details relating to the impairment report, length of probationary period, and corrective action recommendations made. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.

(11) If the recommendations for corrective action are not taken by the school district or if the deficiencies are not removed by the end of the probationary period, the Commission on School Accreditation shall conduct a hearing to allow such affected school district to present evidence or other reasons why its accreditation should not be withdrawn. Subsequent to its consideration of the results of such hearing, the Commission on School Accreditation shall be authorized, with the approval of the State Board of Education, to withdraw the accreditation of a public school district, and issue a request to the Governor that a state of emergency be declared in that district which would allow the State Board of Education to select from the following actions:

(a) Declare a state of emergency, under which some or all of state funds can be escrowed except as otherwise provided in Section 206, Constitution of 1890, until the board determines corrective actions are being taken or the deficiencies have been removed, or that the needs of students warrant the release of funds. Such funds may be released from escrow for any program which the board determines to have been restored to standard even though the state of emergency may not as yet be terminated for the district as a whole;

(b) Override any decision of the local school board concerning the management and operation of the school district;

(c) Assign an interim "conservator" who will administer the management and operation of the school system through the school superintendent until corrective actions are implemented or the deficiencies are removed. The school superintendent of a deficient school shall comply fully with the conservator appointed by the State Board of Education. The cost of the salary of the conservator and any other actual and necessary costs related to the conservatorship paid by the State Department of Education shall be reimbursed by the local school district from other than minimum or adequate education program funds. The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's minimum or adequate education program funds;

(d) Reduce per diem compensation or the annual salary, as the case may be, and expense reimbursement payments to local school board members for attending regular or special board meetings;

(e) Reduce monthly salary amounts paid to the superintendent of schools or the county superintendent of education of such school district, to not less than One Hundred Dollars ($100.00) per month;

(f) If the district's accreditation deficiencies are related to the fact that a particular school lacks the resources to meet these standards, grant transfers to students who attend this school so that they may attend other accredited schools in a manner which is not in violation of state or federal law;

(g) If the accreditation deficiencies are related to the fact that the school district is too small, with too few resources, to meet the required standards and if another school district is willing to accept those students, abolish that district and assign that territory to another school district or districts. If the school district has proposed a voluntary consolidation with another school district or districts, then if the State Board of Education finds that it is in the best interest of the pupils of the district for such consolidation to proceed, the voluntary consolidation shall have priority over any such assignment of territory by the State Board of Education.

(12) The Commission on School Accreditation shall be responsible for public notice at least once a week for at least three (3) consecutive weeks, after a state of emergency has been declared, in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The size of such notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print. Such notice shall begin as follows: "By authority of Section 37-17-6, Mississippi Code of 1972, adopted by the Mississippi Legislature during the 1991 Regular Session, this school district (name of school district) is hereby placed under the jurisdiction of the State Department of Education acting through its appointed conservator (name of conservator)."

The notice shall also include all details relating to the school district's emergency status including impairment deficiencies, conditions of conservatorship and corrective actions recommended. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.

(13) The State Board of Education or the Commission on School Accreditation shall have the authority to require school districts to produce the necessary reports, correspondence, financial statements, and any other documents and information necessary to fulfill the requirements of this section.

Nothing in this section shall be construed to grant any individual, corporation, board or conservator the authority to levy taxes except in accordance with presently existing statutory provisions.

(14) If the State Board of Education and the Commission on School Accreditation determine that an extreme emergency situation exists in a school district which jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and such emergency situation is believed to be related to a serious violation or violations of accreditation standards or state or federal law, the State Board of Education, with the concurrence of the State Auditor, may request the Governor to declare a state of emergency in that school district. For purposes of this subsection, such declarations of a state of emergency shall not be limited to those instances when a school district's impairments are related to a lack of financial resources, but also shall include serious failure to meet minimum academic standards, as evidenced by a continued pattern of poor student performance. During the state of emergency, the State Board of Education shall take such action as prescribed in Section 37-17-13 and may take one or more of the following actions:

(a) Assign an interim conservator who will be responsible for the administration, management and operation of the school district, including, but not limited to, the following activities:

(i) Approving or disapproving all financial obligations of the district, including, but not limited to, the employment, termination, nonrenewal and reassignment of all certified and noncertified personnel, contractual agreements and purchase orders, and approving or disapproving all claim dockets and the issuance of checks; in approving or disapproving employment contracts of superintendents, assistant superintendents or principals, the interim conservator shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105;

(ii) Supervising the day-to-day activities of the district's staff, including reassigning the duties and responsibilities of personnel in a manner which, in the determination of the conservator, will best suit the needs of the district;

(iii) Reviewing the district's total financial obligations and operations and making recommendations to the district for cost savings, including, but not limited to, reassigning the duties and responsibilities of staff;

(iv) Attending all meetings of the district's school board and administrative staff;

(v) Approving or disapproving all athletic, band and other extracurricular activities and any matters related to those activities;

(vi) Maintaining a detailed account of recommendations made to the district and actions taken in response to those recommendations; and

(vii) Reporting periodically to the State Board of Education on the progress or lack of progress being made in the district to improve the district's impairments during the state of emergency;

(b) Override any decision of the local school board or superintendent of education, or both, relating to the administration and operation of the school district;

(c) Reduce local supplements paid to school district employees, including, but not limited to, instructional personnel, assistant reading instructors and extracurricular activities personnel, if the district's impairment is related to a lack of financial resources, but only to an extent which will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education; * * *

(d) Require the production of the necessary reports, correspondence, financial statements and any other documents or information necessary to ascertain the extent of the district's deficiencies and the corrective action required to remove the district's impairment status;

(e) Reduce per diem compensation or the annual salary, as the case may be, and expense reimbursement payments to local school board members for attending regular or special board meetings; and

(f) Reduce monthly salary amounts paid to the superintendent of schools or the county superintendent of education of such school district, to not less than One Hundred Dollars ($100.00) per month.

The cost of the salary of the conservator and any other actual and necessary costs related to the conservatorship paid by the State Department of Education shall be reimbursed by the local school district from funds other than minimum or adequate education program funds. The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's minimum or adequate education program funds.

Upon the declaration of a state of emergency in a school district under this subsection, the State Board of Education shall cause notice to be published for at least three (3) consecutive weeks in a newspaper published within the jurisdiction of that school district, or if no newspaper is published therein, in a newspaper having a general circulation in the school district. The notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print in a section other than the legal notices section of the newspaper. The notice shall include, in the discretion of the State Board of Education, any or all details relating to the district's emergency status, including the declaration of a state of emergency in the school district and a description of the district's impairment deficiencies and corrective actions recommended and being taken in the emergency situation.

At such time as satisfactory corrective action has been taken in such school district, the State Board of Education, with the concurrence of the State Auditor, may request the Governor to declare that the state of emergency no longer exists in such district, and the powers and responsibilities of an interim conservator assigned to such district shall cease from and after the termination of the state of emergency. Upon termination of the state of emergency in such school district, the State Board of Education shall cause notice to be published in the school district in the same manner provided above, to include any or all details relating to the corrective action taken in the school district which resulted in the termination of the state of emergency.

In order to provide loans to school districts under a state of emergency which have impairments related to a lack of financial resources, the School District Emergency Assistance Fund is created as a special fund in the State Treasury into which monies may be transferred or appropriated by the Legislature from any available public education funds. The maximum amount that may be appropriated or transferred to the School District Emergency Assistance Fund for any one (1) emergency shall be Two Million Dollars ($2,000,000.00), and the maximum amount that may be appropriated during any fiscal year shall be Three Million Dollars ($3,000,000.00).

The State Board of Education may loan monies from the School District Emergency Assistance Fund to a school district that is under a state of emergency in such amounts, as determined by the board, which are necessary to correct the district's impairments related to a lack of financial resources. The loans shall be evidenced by an agreement between the school district and the State Board of Education and shall be repayable in principal, without necessity of interest, to the State General Fund or the Education Enhancement Fund, depending on the source of funding for such loan, by the school district from any allowable funds that are available. The total amount loaned to the district shall be due and payable within five (5) years after the impairments related to a lack of financial resources are corrected. If a school district fails to make payments on the loan in accordance with the terms of the agreement between the district and the State Board of Education, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may withhold that district's minimum program funds in an amount and manner that will effectuate repayment consistent with the terms of the agreement; such funds withheld by the department shall be deposited into the State General Fund or the Education Enhancement Fund, as the case may be.

If the State Board of Education determines that an extreme emergency exists, simultaneous with the powers exercised in this subsection, it shall take immediate action against all parties responsible for the affected school districts having been determined to be in an extreme emergency. Such action shall include, but not be limited to, initiating civil actions to recover funds and criminal actions to account for criminal activity. Any funds recovered by the State Auditor or the State Board of Education from the surety bonds of school officials or from any civil action brought under this subsection shall be applied toward the repayment of any loan made to a school district hereunder.

A declaration by the Governor that a state of emergency exists in a school district under this subsection shall have no effect on the requirements set forth in subsections (9) through (12) of this section. During the period of a state of emergency declared under this subsection, the State Board of Education may proceed under the authority of subsections (9) through (12) of this section. If a provision in this subsection directly conflicts with a provision in subsection (9), (10), (11) or (12), during the state of emergency, this subsection shall prevail.

(15) In the event a majority of the membership of the school board of any school district resigns from office, the State Board of Education shall be authorized to assign an interim conservator, who shall be responsible for the administration, management and operation of the school district until such time as new board members are selected or the Governor declares a state of emergency in that school district under subsection (14), whichever occurs first. In such case, the State Board of Education, acting through the interim conservator, shall have all powers which were held by the previously existing school board, and may take such action as prescribed in Section 37-17-13 and/or one or more of the actions authorized in subsection (14)(a) through (d) of this section.

(16) Beginning with the school district audits conducted for the 1997-1998 fiscal year, the State Board of Education, acting through the Commission on School Accreditation, shall require each school district to comply with standards established by the State Department of Audit for the verification of fixed assets and the auditing of fixed assets records as a minimum requirement for accreditation.

(17) The State Board of Education, on such date deemed appropriate by the board, shall establish for those individual schools failing to meet accreditation standards a program of development to be complied with in order to receive state funds, Under the program, the following actions shall be taken by the State Board of Education:

(a) Develop an impairment report for each school failing to meet accreditation standards in conjunction with the school principal, no later than the end of the school year, and make recommendations for school improvements to remove the impairment status;

(b) Notify any school failing to meet accreditation standards that it is on probation until the recommendations for school improvement are taken or until the deficiencies have been removed. The State Department of Education shall develop a school improvement plan with the school principal to improve its deficiencies to be presented to the State Board of Education for approval. School principals may revise their school improvement plans at any time; however, all revisions shall be submitted to the State Department of Education for review and shall be submitted to the State Board of Education for final approval. The decision of the State Board of Education establishing the probationary period of time shall be final;

(c) Offer, during the probationary period, technical assistance to the school in making improvement actions; or contract, in its discretion, with the institutions of higher learning or other appropriate private entities to develop school improvement plans and provide professional development for schools placed on probation;

(d) Provide for publication of public notice at least one (1) time during the probationary period, in a newspaper published within the school attendance zone of the school failing to meet accreditation standards, which shall include a declaration of the school's status as being on probation, all details relating to the impairment report, the length of probationary period, and school improvement recommendations made. Public notices issued under this paragraph shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.

If the recommendations for corrective action are not taken by the school or if the deficiencies are not removed by the end of the probationary period, the Commission on School Accreditation shall conduct a hearing to allow such school to present evidence or other reasons why its accreditation should not be withdrawn. Subsequent to its consideration or the results of such hearing, the Commission on School Accreditation, with the approval of the State Board of Education, may withdraw the accreditation of the school and may either override any decision of the school principal concerning the management and operation of that particular school or reduce monthly salary amounts paid to the principal of that particular school until such time as corrective actions are implemented or the deficiencies removed.

SECTION 2. Section 37-17-13, Mississippi Code of 1972, is amended as follows:

37-17-13. (1) Whenever the Governor declares a state of emergency in a school district in response to a certification by the State Board of Education and the Commission on School Accreditation made under Section 37-17-6(14), the State Board of Education, in addition to any actions taken under Section 37-17-6(14), shall abolish the school district and assume control and administration of the schools formerly constituting the district, and appoint a conservator to carry out this purpose under the direction of the State Board of Education. In such case, the State Board of Education shall have all powers which were held by the previously existing school board and the previously existing superintendent of schools or county superintendent of education, including, but not limited to, those enumerated in Section 37-7-301, and the authority to request tax levies from the appropriate governing authorities for the support of the schools and to receive and expend the tax funds as provided by Section 37-57-1 et seq. and Section 37-57-105 et seq.

(2) When a school district is abolished under this section, loans from the School District Emergency Assistance Fund may be made by the State Board of Education for the use and benefit of the schools formerly constituting the district in accordance with the procedures set forth in Section 37-17-6(14) for such loans to the district. The abolition of a school district under this section shall not impair or release the property of that school district from liability for the payment of the loan indebtedness, and it shall be the duty of the appropriate governing authorities to levy taxes on the property of the district so abolished from year to year according to the terms of the indebtedness until same shall be fully paid.

(3) After a school district is abolished under this section, at such time as the State Board of Education determines that the impairments have been substantially corrected, the State Board of Education shall reconstitute, reorganize or change or alter the boundaries of the previously existing district; provided, however, that no partition or assignment of territory formerly included in the abolished district to one or more other school districts may be made by the State Board of Education without the consent of the school board of the school district to which such territory is to be transferred, such consent to be spread upon its minutes. At that time, the State Board of Education, in appropriate cases, shall notify the appropriate governing authority or authorities of its action and request them to provide for the election or appointment of school board members and a superintendent or superintendents to govern the district or districts affected, in the manner provided by law.

SECTION 3. Section 37-6-13, Mississippi Code of 1972, is amended as follows:

37-6-13. Each person serving as a member of the school board of any school district shall receive per diem in the amount of Sixty-seven Dollars ($67.00) for no more than thirty-six (36) meetings of the school board during any one (1) fiscal year or, in his or her discretion, irrevocably may choose to receive as compensation for his or her services an annual salary in the amount of Two Thousand Four Hundred Dollars ($2,400.00), which choice shall remain in force for all successive terms or periods of service of that member. The receipt of the compensation shall not entitle any member of a school board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Each member shall be reimbursed for the necessary expenses and mileage in attending meetings of the school board. In addition to the foregoing, all members may be reimbursed for mileage and actual expenses incurred in the further performance of their duties, including attendance at any mandatory school board training session or at regional and national education meetings, when such mileage and other expenses are authorized by the board prior to the date on which they occur. Detailed vouchers shall be submitted for reimbursement for all expenses authorized by this section. Such reimbursement shall be in accordance with Section 25-3-41.

Such expenses shall be paid on order of the school board by pay certificates issued by the superintendent of the school district involved against the funds available for payment of the administrative expense of said district.

This section shall not entitle any school board member to per diem, salary payments or other compensation if the school district is subject to a conservatorship under Section 37-17-6.

SECTION 4. Section 37-9-37, Mississippi Code of 1972, is amended as follows:

37-9-37. The amount of the salary to be paid any superintendent, principal or licensed employee shall be fixed by the school board, provided that the requirements of Chapter 19 of this title are met as to superintendents, principals and licensed employees paid in whole or in part from minimum education program funds. In employing such superintendents, principals and licensed employees and in fixing their salaries, the school boards shall take into consideration the character, professional training, experience, executive ability and teaching capacity of the licensed employee, superintendent or principal. It is the intent of the Legislature that whenever the salary of the school district superintendent is set by a school board, the board shall take into consideration the amount of money that the district spends per pupil, and shall attempt to insure that the administrative cost of the district and the amount of the salary of the superintendent are not excessive in comparison to the per pupil expenditure of the district.

This section shall not entitle any superintendent of schools or county superintendent of education to salary payments or other compensation if the school district is subject to a conservatorship under Section 37-17-6.

SECTION 5. Section 37-17-1, Mississippi Code of 1972, is brought forward as follows:

37-17-1. The power and authority to prescribe standards for the accreditation of public schools, to insure compliance with such standards and to establish procedures for the accreditation of public schools is hereby vested in the state board of education. The board shall, by orders placed upon its minutes, adopt all necessary rules and regulations to effectuate the purposes of this chapter and shall provide, through the state department of education, for the necessary personnel for the enforcement of standards so established.

SECTION 6. Section 37-17-3, Mississippi Code of 1972, is brought forward as follows:

37-17-3. The Commission on School Accreditation created under this section is hereby continued and reconstituted as follows:

The State Board of Education shall appoint a "Commission on School Accreditation" to be composed of fifteen (15) qualified members. The membership of said commission shall be composed of the following: two (2) classroom teachers, two (2) principals of schools, one (1) superintendent of a separate school district, one (1) superintendent of a county or other school district, one (1) local school board member from a separate school district; one (1) local school board member from a county or other school district; and seven (7) members who are not actively engaged in the education profession. Members of the commission serving on July 1, 1994, shall continue to serve until their term of office expires. No new appointments shall be made until such time as the expiration of a member's term has reduced the commission to less than fifteen (15) members, at which time new appointments shall be made from the categories specified hereinabove. The membership of said commission shall be appointed by the board upon recommendation of the State Superintendent of Public Education. In making the first appointments, five (5) members shall be appointed for a term of one (1) year, five (5) members shall be appointed for a term of two (2) years, five (5) members shall be appointed for a term of three (3) years, and five (5) members shall be appointed for a term of four (4) years. Thereafter, all members shall be appointed for a term of four (4) years. Said commission shall meet upon call of the State Superintendent of Public Education. There shall be three (3) members of said commission from each congressional district. Each member of said commission shall receive the per diem authorized by Section 25-3-69, Mississippi Code of 1972, plus actual and necessary expenses and mileage as authorized by Section 25-3-41, Mississippi Code of 1972, for each day actually spent in attending the meetings of the commission. The expenses of said commission shall be paid out of any funds available for the operation of the State Department of Education.

SECTION 7. Section 37-17-5, Mississippi Code of 1972, is brought forward as follows:

37-17-5. It shall be the purpose of the Commission on School Accreditation to continually review the standards on accreditation and the enforcement thereof and to make recommendations thereon to the State Board of Education. All controversies involving the accreditation of schools shall be initially heard by a duly authorized representative of the commission before whom a complete record shall be made. After the conclusion of the hearing, the duly authorized representative of the commission shall make a recommendation to the commission as to the resolution of the controversies, and the commission, after considering the transcribed record and the recommendation of its representative, shall make its decision which becomes final unless the local school board of the school district involved shall appeal to the State Board of Education, which appeal shall be on the record previously made before the commission's representative except as may be provided by rules and regulations adopted by the State Board of Education. Such rules and regulations may provide for the submission of new factual evidence. All appeals from the State Board of Education shall be on the record and shall be filed in the Circuit Court of the First Judicial District of Hinds County, Mississippi. The commission shall select a competent and qualified court reporter to record and transcribe all hearings held before its duly authorized representative whose fees and costs of transcription shall be paid by the school district involved within forty-five (45) days after having been notified of such costs and fees by the commission. An appropriate member of the staff of the State Department of Education shall be designated by the State Superintendent of Public Education to serve as executive secretary of the commission.

SECTION 8. Section 37-17-7, Mississippi Code of 1972, is brought forward as follows:

37-17-7. Any nonpublic school may, through its governing body, request that the State Board of Education approve such institution. Approval shall be based upon a process promulgated by the State Board of Education; provided, however, that in no event shall the State Board of Education adopt more stringent standards for approval of nonpublic schools than the accreditation standards applied to public schools.

SECTION 9. Section 37-17-8, Mississippi Code of 1972, is brought forward as follows:

37-17-8. (1) The State Board of Education, through the Commission on School Accreditation, shall establish criteria for comprehensive in-service staff development plans. These criteria shall: (a) include, but not be limited to, formula and guidelines for allocating available state funds for in-service training to local school districts; (b) require that a portion of the plans be devoted exclusively for the purpose of providing staff development training for beginning teachers within that local school district and for no other purpose; and (c) require that a portion of the school district's in-service training for administrators and teachers be dedicated to the application and utilization of various disciplinary techniques. The board shall each year make recommendations to the Legislature concerning the amount of funds which shall be appropriated for this purpose.

(2) Beginning with the 1998-1999 school year, school districts shall not be required to submit staff development plans to the Commission on School Accreditation for approval. However, any school district accredited at Level 1 or Level 2 shall include, as a part of any required corrective action plan, provisions to address staff development in accordance with State Board of Education requirements. All school districts, unless specifically exempt from this section, must maintain on file staff development plans as required under this section. The plan shall have been prepared by a district committee appointed by the district superintendent and consisting of teachers, administrators, school board members, and lay people, and it shall have been approved by the district superintendent.

(3) In order to insure that teachers are not overburdened with paperwork and written reports, local school districts and the State Board of Education shall take such steps as may be necessary to further the reduction of paperwork requirements on teachers.

(4) If any school district meets Level 4 or 5 accreditation standards, the State Board of Education, in its discretion, may exempt such school district from the provisions of this section.

SECTION 10. Section 37-17-9, Mississippi Code of 1972, is brought forward as follows:

37-17-9. This chapter shall not be construed to establish the only accrediting agency in the State of Mississippi, and nothing contained herein shall be construed to prevent any nonpublic school association or associations or group or groups from establishing its or their accrediting agency, unrelated to any such accrediting agency for public schools as established by this chapter. Nothing in this chapter shall prevent such nonpublic school accrediting agency or agencies from functioning in such capacity.

SECTION 11. Section 37-17-11, Mississippi Code of 1972, is brought forward as follows:

37-17-11. The State Board of Education, in its discretion, may exempt any school district which meets Level 4 or 5 accreditation from any compulsory standard of accreditation. Provided, however, that in the event such standard of accreditation is an educational policy required by statute, any such exemption shall only be made if specifically authorized by law.

SECTION 12. Section 37-16-1, Mississippi Code of 1972, is brought forward as follows:

37-16-1. The primary purpose of the statewide testing program is to provide information needed for state-level decisions. The program shall be designed to:

(a) Assist in the identification of educational needs at the state, district and school levels.

(b) Assess how well districts and schools are meeting state goals and minimum performance standards.

(c) Provide information to aid in the development of policy issues and concerns.

(d) Provide a basis for comparisons among districts and between districts, the state and the nation, where appropriate.

(e) Produce data which can be used to aid in the identification of exceptional educational programs or processes.

SECTION 13. Section 37-16-3, Mississippi Code of 1972, is brought forward as follows:

37-16-3. (1) The State Department of Education is directed to implement a program of statewide assessment testing which shall provide for the improvement of the operation and management of the public schools. The statewide program shall be timed, as far as possible, so as not to conflict with ongoing district assessment programs. As part of the program, the department shall:

(a) Establish, with the approval of the State Board of Education, minimum performance standards related to the goals for education contained in the state's plan including, but not limited to, basic skills in reading, writing and mathematics. The minimum performance standards shall be approved by April 1 in each year they are established.

(b) Conduct a uniform statewide testing program in grades deemed appropriate. The program may test skill areas, basic skills and high school course content.

(c) Monitor the results of the assessment program and, at any time the composite student performance of a school or basic program is found to be below the established minimum standards, notify the district superintendent, the school principal and the school advisory committee or other existing parent group of the situation within thirty (30) days of its determination. The department shall further provide technical assistance to the district in the identification of the causes of this deficiency and shall recommend courses of action for its correction.

(d) Provide technical assistance to the school districts, when requested, in the development of student performance standards in addition to the established minimum statewide standards.

(e) Issue security procedure regulations providing for the security and integrity of the tests that are administered under the basic skills assessment program.

(2) Uniform basic skills tests shall be completed by each student in the appropriate grade. In the event of excused or unexcused student absences, make-up tests shall be given. The school superintendent of every school district in the state shall annually certify to the State Department of Education that each student enrolled in the appropriate grade has completed the required basic skills assessment test for his or her grade.

SECTION 14. Section 37-16-4, Mississippi Code of 1972, is brought forward as follows:

37-16-4. (1) It is unlawful for anyone knowingly and willfully to do any of the following acts regarding mandatory uniform tests administered to students as required by the State Department of Education and the General Educational Development Test (GED):

(a) Give examinees access to test questions prior to testing;

(b) Copy or reproduce all or any portion of any secure test booklet;

(c) Coach examinees during testing or alter or interfere with examinees' responses in any way;

(d) Make answer keys available to examinees;

(e) Fail to account for all secure test materials before, during and after testing;

(f) Participate in, direct, aid, counsel, assist in, encourage or fail to report any of the acts prohibited in this section.

(2) Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.

(3) The district attorney shall investigate allegations of violations of this section, either on its own initiative following a receipt of allegations, or at the request of a school district or the State Department of Education.

(4) The district attorney shall furnish to the State Superintendent of Education a report of the findings of any investigation conducted pursuant to this section.

(5) The State Board of Education shall establish statistical guidelines to examine the results of state mandated tests to determine where there is evidence of testing irregularities resulting in false or misleading results in the aggregate or composite test scores of the class, grade, age group or school district. When said irregularities are identified, the State Superintendent of Education may order that any group of students identified as being required to retake the test at state expense under state supervision. The school district shall be given at least thirty (30) days' notice before the next test administration and shall comply with the order of the State Superintendent of Education. The results from the second administration of the test shall be final for all uses of that data.

(6) Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board of Education or the State Department of Education in test development or selection, test form construction, standard setting, test scoring, and reporting, or any other related activities which in the judgment of the State Superintendent of Education are necessary and appropriate.

SECTION 15. Section 37-16-5, Mississippi Code of 1972, is brought forward as follows:

37-16-5. The school board of every district in this state shall periodically assess student performance and achievement in each school. Such assessment programs shall be based upon local goals and objectives which are compatible with the state's plan for education and which supplement the minimum performance standards approved by the State Board of Education. Data from district assessment programs shall be provided to the State Department of Education when such data is required in order to evaluate specific instructional programs or processes or when the data is needed for other research or evaluation projects. Each district may provide acceptable, compatible district assessment data to substitute for any assessment data needed at the state level when the State Department of Education certifies that such data is acceptable for the purposes of Section 37-16-3.

SECTION 16. Section 37-16-7, Mississippi Code of 1972, is brought forward as follows:

37-16-7. (1) Each district school board shall establish standards for graduation from its schools which shall include as a minimum:

(a) Mastery of the minimum performance standards in reading, writing and mathematics skills, utilized in everyday life situations, measured in a functional literacy examination developed and administered by the State Board of Education in a manner prescribed after a public hearing.

(b) Completion of a minimum number of academic credits, and all other applicable requirements prescribed by the district school board.

(2) A student who meets all requirements prescribed in subsection (1) of this section shall be awarded a standard diploma in a form prescribed by the state board.

SECTION 17. Section 37-16-9, Mississippi Code of 1972, is brought forward as follows:

37-16-9. (1) The state board shall, after a public hearing and consideration, make provision for appropriate modification of testing instruments and procedures for students with identified handicaps or disabilities in order to ensure that the results of the testing represent the student's achievement, rather than reflecting the student's impaired sensory, manual, speaking or psychological process skills, except when such skills are the factors the test purports to measure.

(2) The public hearing and consideration required hereunder shall not be construed to amend or nullify the requirements of security relating to the contents of examinations or assessment instruments and related materials or data.

SECTION 18. Section 37-16-11, Mississippi Code of 1972, is brought forward as follows:

37-16-11. A student who has been properly classified, in accordance with rules established by the state board, as "educable mentally retarded," "trainable mentally retarded," "deaf," "specific learning disabled," "physically handicapped whose ability to communicate orally or in writing is seriously impaired," or "emotionally handicapped" shall not be required to meet all requirements of Section 37-16-7, and shall, upon meeting all applicable requirements prescribed by the district school board, be awarded a special diploma in a form prescribed by the state board; provided, however, that such special graduation requirements prescribed by the district school board shall include minimum graduation requirements as prescribed by the state board. Any such student who meets all special requirements of the district school board for his exceptionality, but is unable to meet the appropriate special state minimum requirements, shall be awarded a special certificate of completion in a form prescribed by the state board. Nothing provided in this section, however, shall be construed to limit or restrict the right of an exceptional student solely to a special diploma. Any such student shall, upon proper request, be afforded the opportunity to fully meet all requirements of Section 37-16-7 through the standard procedures established therein and thereby qualify for a standard diploma upon graduation.

SECTION 19. This act shall take effect and be in force from and after July 1, 1999.