MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education; Appropriations

By: Senator(s) Harden, Farris, Chaney

AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ESTABLISH AND IMPLEMENT A SUPERIOR-PERFORMING AND EXEMPLARY SCHOOLS PROGRAM FOR IDENTIFYING AND GRANTING FINANCIAL INCENTIVES TO LOW PERFORMING SCHOOLS THAT IMPROVE AND TO THE HIGHEST PERFORMING SCHOOLS IN THEIR CLASSIFICATION; TO ESTABLISH CRITERIA FOR THIS PROGRAM SUBJECT TO SPECIFIC APPROPRIATION BY THE LEGISLATURE; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO DEVELOP A SCHOOL IMPROVEMENT PROGRAM AND A PROBATIONARY PERIOD FOR SCHOOLS WITH ACCREDITATION DEFICIENCIES, TO BE DESIGNATED AS "PRIORITY SCHOOLS," TO PROVIDE FOR AN EVALUATION PROCESS, TO PROVIDE FOR THE IDENTIFICATION AND TRAINING OF INDEPENDENT EVALUATION TEAM MEMBERS AND TO PROVIDE SCHOOL EVALUATION PROCEDURES FOR THE EVALUATION TEAMS; TO PROVIDE FOR THE DEVELOPMENT OF SCHOOL IMPROVEMENT PLANS FOR PRIORITY SCHOOLS AND TO PROVIDE FOR THE APPOINTMENT OF ASSISTANCE TEAMS BY THE STATE DEPARTMENT OF EDUCATION; TO AUTHORIZE THE PRIORITY SCHOOL IMPROVEMENT PROCESS TO INCLUDE MANDATORY PROFESSIONAL DEVELOPMENT FOR INDIVIDUAL PRINCIPALS, TEACHERS AND SUPERINTENDENTS OF SUCH SCHOOLS AND TO PROVIDE EMPLOYMENT SANCTIONS FOR PRINCIPALS OR TEACHERS WHO FAIL TO PARTICIPATE IN SUCH PROFESSIONAL DEVELOPMENT, TO PROVIDE FOR A PERFORMANCE-BASED EVALUATION OF SUCH PRINCIPALS AND TEACHERS WHO HAVE PARTICIPATED IN SUCH PROFESSIONAL DEVELOPMENT, TO PROVIDE FOR RECALL ELECTIONS OR APPOINTMENT DECISIONS FOR SUPERINTENDENTS OR SCHOOL BOARD MEMBERS IN CERTAIN SITUATIONS WHERE PRIORITY SCHOOLS DO NOT IMPROVE DEFICIENCIES, AND TO REQUIRE CERTAIN REPORTS BY THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 37-9-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-7-306, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL LOCAL SCHOOL BOARD MEMBERS SELECTED AFTER JULY 1, 2004, TO HAVE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The State Board of Education shall establish, design and implement a Superior-Performing Schools Program and an Exemplary Schools Program for identifying and rewarding public schools that improve. The State Board of Education shall develop rules and regulations for the program, establish criteria, and establish a process through which Superior-Performing and Exemplary Schools will be identified and rewarded. Upon full implementation of the statewide testing program, Superior-Performing or Exemplary School designation shall be made by the State Board of Education in accordance with the following:

(a) A growth expectation will be established by testing students annually and, using a psychometrically approved formula, by tracking their progress. This growth expectation will be one (1) of the components which result in a composite score each year for each school, and other components of this score shall include, but are not limited to, student attendance and effort, teacher attendance and certification.

(b) A determination will be made as to the percentage of students proficient in each school. This measurement will define what a student must know in order to be deemed proficient at each grade level and will clearly show how well a student is performing. The definition of proficiency shall be developed for each grade, based on input from teachers and their review of the curriculum requirements.

(c) A school has the following two (2) methods for designation as either a Superior-Performing or an Exemplary School, to be determined on an annual basis:

(i) A school exceeds its growth expectation by a percentage established by the State Board of Education; or

(ii) A school achieves the grade level proficiency standard established by the State Board of Education.

Any school having lost its accreditation and designated as a Priority School which exceeds its growth expectation by a percentage established by the State Board of Education shall no longer be considered a Priority School and shall be eligible for monetary awards under this section. Superior-Performing School designation may not be achieved by a school where the lowest quartile of student achievement scores is not improving.

(2) Superior-Performing and Exemplary Schools may apply to the State Board of Education for monetary incentives to be used for selected school needs, as identified by a vote of all licensed and instructional personnel employed at the school. These incentive funds may be used for specific school needs, including, but not limited to:

(a) Funding for unique staff professional development activities. Staff participating in such activities will report to the school and school district about the benefits and lessons learned from such training;

(b) Technology needs;

(c) Sabbaticals for teachers or administrators, or both, to pursue additional professional development or educational enrichment;

(d) Paid professional leave.

All funds awarded under this subsection shall be subject to specific appropriation therefor by the Legislature.

(3) The State Board of Education shall provide special recognition to all schools receiving Superior-Performing or Exemplary designation and their school districts. Examples of such recognition include, but are not limited to: public announcements and events; special recognition of student progress and effort; certificates of recognition and plaques for teachers, principals, superintendents, support and classified personnel and parents; and media announcements utilizing the services of Mississippi Educational Television.

SECTION 2. (1) Upon full implementation of the statewide testing programs developed by the State Board of Education pursuant to Chapter 16, Title 37, Mississippi Code of 1972, not later than July, 2002, the board shall establish for those individual schools failing to meet accreditation standards established under this chapter, a program of development to be complied with in order to receive state funds.

(2) Following a thorough analysis of school data each year, the State Department of Education shall identify those schools that are the most deficient in educating students and are in need of improvement. This analysis shall measure the individual school performance by determining if a school met its assigned yearly growth expectation and by determining what percentage of the students in the school are proficient. A school shall be identified as needing assistance or a Priority School if the school: (a) does not meet its growth expectation; and (b) has a percentage of students functioning below grade level, as designated by the State Board of Education.

(3) Within fifteen (15) days after a Priority School has been identified, written notice shall be sent by the State Board of Education by certified mail to both the school principal and the local board of education. Within fifteen (15) days after notification the State Board of Education shall assign an evaluation team to the school. The evaluation team shall consist of a minimum of seven (7) trained members appointed by the State Superintendent of Education and approved by the State Board of Education from the following categories: (a) school superintendents; (b) school principals; (c) curriculum coordinators; (d) at least two (2) teachers; (e) local school board members; (f) community leaders; (g) parents; and (h) institutions of higher learning personnel. Optional evaluation team members in specialized areas may be utilized by the State Department of Education if needed. These additional members may include individuals with expertise and knowledge in such areas as vocational-technical education, special education, federal programs and school technology. Evaluation team members shall be independent of the school being evaluated and shall not be employees of the State Department of Education. The team may include retired educators who have met certain standards and have completed all necessary training. All evaluation team members shall be trained, at a minimum, in the following: (a) school accreditation legal requirements; (b) data analysis; (c) curriculum alignment; (d) effective curriculum and instructional strategies; (e) the State Department of Education school improvement plan process; (f) personnel appraisal; (g) effective community involvement; (h) public relations; (i) safe and orderly school climate; (j) policy development and implementation; (k) effective school resource allocation; and (l) effective school management. A team leader shall be chosen by the department for each evaluation team to provide overall guidance to the team. The State Department of Education shall assist each evaluation team by providing administrative and clerical support.

(4) An approved evaluation team shall have the following powers and duties:

(a) The evaluation team may request any financial documentation that it deems necessary, and the Priority School, with the assistance and cooperation of the school district central office, shall submit such requested financial information to the evaluation team.

(b) The evaluation team shall analyze the Priority Schools' data to determine probable areas of weakness before conducting an on-site audit. The evaluation team shall proceed to conduct an on-site audit and shall prepare an evaluation report. If necessary, the evaluation team may request additional individuals in specialty areas to participate as team members in preparing the evaluation. After completing the evaluation of the Priority School, the team shall prepare and adopt its school evaluation report, which shall be submitted to the State Superintendent of Public Education for approval within forty-five (45) calendar days. The school evaluation report shall identify any personnel who were found by the evaluation team to be in need of improvement and need to participate in a professional development plan. Evaluation instruments will be developed and field tested by the State Department of Education at least one (1) year prior to implementation.

(5) Following the approval of the evaluation report by the State Superintendent of Public Education, a representative from the State Superintendent of Education and the evaluation team leader shall present the evaluation report to the principal of the Priority School and to the superintendent and school board members of the local school district. Following this presentation, the evaluation report shall be presented to the community served by the Priority School at an advertised public meeting.

SECTION 3. (1) Based on the findings of the evaluation report and the results of the public meeting, the State Department of Education and the evaluation team leader shall assist the school principal and other local school officials in the development of a school improvement plan to improve its deficiencies. A local parent advisory committee shall be established by the evaluation team at the school in order to provide input and guidance into the development of the school improvement plan and its evaluation during the implementation period. Local parent-teacher associations or organizations shall have input in the selection of the parent advisory committee. Where no active local parent-teacher group exists, the State Department of Education may request assistance from the Mississippi Parent-Teacher Association and other community-based organizations in the selection of the local parent advisory committee.

(2) The school improvement plan shall be developed and approved by the principal of the Priority School, the superintendent of the local school district, the local school board and a majority of the teachers of the school, within forty-five (45) days.

(3) The State Department of Education shall provide technical assistance to the Priority School in the implementation of the school improvement plan, including the implementation of any recommended professional development plan, and the department shall contract with the institutions of higher learning to provide such technical assistance. The assistance team shall collaborate with school and school district employees in the implementation and monitoring of the school improvement plan and shall report monthly to the local school board and the local community.

SECTION 4. (1) As part of the school improvement plan for a Priority School, a professional development plan shall be prepared for those school administrators, teachers or other employees who are identified by the evaluation team as needing improvement.

(2) (a) If a principal is deemed to be in need of improvement by the evaluation team, a professional development plan shall be developed for the principal. The principal's full participation in the professional development plan shall be required as a condition of continued employment. The plan shall provide professional training in the roles and behaviors of an instructional leader and shall offer training specifically identified for that principal's needs. The principal of a Priority School may be assigned mentors who have demonstrated expertise as a high-performing principal. Mentors shall make a personal time commitment to this process and may not be evaluators of the principals being mentored. The local school board and superintendent shall continue to evaluate all school personnel during this period, evaluate their professional development plans and make personnel decisions as appropriate.

(b) At the end of the second year, if a school continues to be a Priority School, the local school board shall dismiss the principal consistent with the provisions of Section 37-9-59. If extenuating circumstances exist, such as the assignment of a principal at a Priority School for less than two (2) years, other options may be considered subject to approval by the State Board of Education.

(3) (a) If a teacher is deemed to be in need of professional development by the independent evaluation team, that teacher shall be required to participate in a professional development plan. This plan will provide professional training and will be based on each teacher's specific needs and teaching assignments and shall commence no later than thirty (30) days after being identified. The teacher's full participation in the professional development plan shall be required as a condition of continued employment. This process shall be followed by a performance-based evaluation, which shall monitor the teacher's teaching skills and teaching behavior over a period of time. This monitoring shall include announced and unannounced reviews. Evaluation instruments will be developed and field tested by the State Department of Education prior to implementation of this evaluation. Additionally, the teacher may also be assigned a mentor who has demonstrated expertise as a high-performing teacher.

(b) If, after one year, the teacher fails to perform, the local school board shall re-evaluate the teacher's professional development plan, make any necessary adjustments to it, and require his participation in the plan for a second year.

(c) If, after the second year, the teacher fails to perform, the local school board shall dismiss the teacher, consistent with the provisions of Section 37-9-59.

(4) (a) If the evaluation report reveals a school district central office problem, a superintendent of the school district having a Priority School shall be required to participate in a professional development plan. Additionally, the superintendent may be assigned mentors who are high-performing superintendents and have demonstrated expertise and knowledge of Superior-Performing Schools. The local school board shall continue to evaluate the performance of the superintendent and his participation in a professional development plan, making appropriate revisions to the plan as needed. The local school board shall continue to evaluate all school personnel during this period, and make personnel decisions as appropriate.

(b) If a school continues to be a Priority School after a second year, the local school board may (i) impose a cap on the superintendent's salary, or (ii) make any necessary adjustments to his professional development plan, and require his continued participation in a plan.

(c) In the event a school continues to be designated a Priority School after three (3) years of implementing a school improvement plan the State Board of Education shall, or in the event that more than fifty percent (50%) of the schools within the school district are designated as Priority Schools in any one (1) year the State Board of Education may, issue a written request with documentation to the Governor that the office of the superintendent of such school district shall be subject to recall. Whenever the Governor declares that the office of superintendent of such school district shall be subject to recall, the local school board or the county election commission, as the case may be, shall take the following action:

(i) If the office of superintendent is an elected office, in those years in which there is no general election, the name shall be submitted by the State Board of Education to the county election commission at least sixty (60) days before the next regular special election, and the county election commission shall submit the question at the next regular special election to the voters eligible to vote for the office of superintendent within the county. The ballot shall read substantially as follows:

"Shall County Superintendent of Education _______________ (here the name of the superintendent shall be inserted) of the _______________ (here the title of the school district shall be inserted) be retained in office? Yes _____ No _____"

If a majority of those voting on the question votes against retaining the superintendent in office, a vacancy shall exist which shall be filled in the manner provided by law; otherwise, the superintendent shall remain in office for the term of such office, and at the expiration of such term shall be eligible for qualification and election to another term or terms.

(ii) If the office of superintendent is an appointive office, the name of the superintendent shall be submitted by the president of the local school board at the next regular meeting of the school board for retention in office or dismissal from office. If a majority of the school board voting on the question vote against retaining him in office, a vacancy shall exist which shall be filled as provided by law, otherwise the superintendent shall remain in office for the duration of his employment contract.

(5) In the event a school continues to be designated a Priority School after four (4) years of implementing a school improvement plan the State Board of Education shall, or in the event that more than fifty percent (50%) of the schools within the school district are designated as Priority Schools in any one (1) year the State Board of Education may, issue a written request with documentation to the Governor that the membership of the school board of such school district shall be subject to recall. Whenever the Governor declares that the membership of the school board shall be subject to recall, the county election commission or the local governing authorities, as the case may be, shall take the following action:

(a) If the members of the local school board are elected to office, in those years in which the specific member's office is not up for election, the name of the school board member shall be submitted by the State Board of Education to the county election commission at least sixty (60) days before the next regular special election, and the county election commission at the next regular special election shall submit the question to the voters eligible to vote for the particular member's office within the county or school district, as the case may be. The ballot shall read substantially as follows:

"Members of the _______________ (here the title of the school district shall be inserted) School Board who are not up for election this year are subject to recall because of the school district's continued designation as a Priority School. Shall the member of the school board representing this area, ______________ (here the name of the school board member holding the office shall be inserted), be retained in office? Yes _____ No _____"

If a majority of those voting on the question vote against retaining the member of the school board in office, a vacancy in that board member's office shall exist which shall be filled in the manner provided by law; otherwise, the school board member shall remain in office for the term of such office, and at the expiration of the term of office, the member shall be eligible for qualification and election to another term or terms of office. However, if a majority of the school board members are recalled in the regular special election, the Governor shall authorize the board of supervisors of the county in which the school district is situated to appoint members to fill the offices of the members recalled. The board of supervisors shall make such appointments in the manner provided by law for filling vacancies on the school board, and the appointed members shall serve until the office is filled at the next regular special election or general election.

(b) If the local school board is an appointed school board, the name of all school board members shall be submitted as a collective board by the president of the municipal or county governing authority, as the case may be, at the next regular meeting of the governing authority for retention in office or dismissal from office. If a majority of the governing authority voting on the question vote against retaining the board in office, a vacancy shall exist in each school board member's office, which shall be filled as provided by law; otherwise, the members of the appointed school board shall remain in office for the duration of their term of appointment, and such members may be reappointed.

(c) If the local school board is comprised of both elected and appointed members, the elected members shall be subject to recall in the manner provided in paragraph (a) of this subsection. Appointed members shall be subject to recall in the manner provided in paragraph (b).

(6) In the event a school continues to be designated a Priority School after three (3) years of implementing a school improvement plan, or in the event that more than fifty percent (50%) of the schools within the school district are designated as Priority Schools in any one (1) year, the State Board of Education may request that the Governor declare a state of emergency in that school district. Upon the declaration of the state of emergency by the Governor, the State Board of Education may take all such action for dealing with school districts as is authorized under subsections (11) or (14) of Section 37-17-6, including the appointment of an interim conservator.

(7) The State Department of Education shall make a semiannual report to the State Board of Education identifying the number and names of schools classified as a Priority Schools, which shall include a description of the deficiencies identified and the actions recommended and implemented. The department shall also notify the State Board of Education of any Priority School which has successfully completed their improvement plans and shall notify the Governor and the Legislature of such school's progress.

SECTION 5. Section 37-9-25, Mississippi Code of 1972, is amended as follows:

37-9-25. The school board shall have the power and authority, in its discretion, to employ the superintendent, unless such superintendent is elected, for not exceeding four (4) scholastic years and the principals or licensed employees for not exceeding three (3) scholastic years. In such case, contracts shall be entered into with such superintendents, principals and licensed employees for the number of years for which they have been employed. All such contracts with licensed employees shall for the years after the first year thereof be subject to the contingency that the licensed employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of licensed employees during any year after the first year of the contract. However, in all such cases the licensed employee must be released before July 1 or at least thirty (30) days prior to the beginning of the school term, whichever date should occur earlier. All such contracts with superintendents, principals or licensed teachers shall for the years after the first year thereof be subject to the contingency that the superintendent, principal or teacher may be released if, during the life of the contract, the school becomes designated as a Priority School pursuant to the provisions of Section 37-17-6(17), Mississippi Code of 1972, and the school or school district's deficiencies are not improved as required in said provision. The salary to be paid for the years after the first year of such contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such contract. However, where school district funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year the salary to be paid for such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.

SECTION 6. Section 37-7-306, Mississippi Code of 1972, is amended as follows:

37-7-306. (1) Every school board member selected after July 1, 2004, shall have a high school diploma or its equivalent.

(2) Every school board member selected after July 1, 1993, shall be required to complete a basic course of training and education for local school board members, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring. Such basic course of training, approved by the State Board of Education, shall be conducted by the School Executive Management Institute of the State Department of Education. Upon completion of the basic course of training, the School Executive Management Institute shall file a certificate of completion for the school board member with the office of the local school board. In the event that a board member fails to complete such training within six (6) months of his selection, or six (6) months from April 15, 1993, such board member shall no longer be qualified to serve and shall be removed from office.

(3) In addition to meeting the requirements of subsection (2) of this section, after taking office, each school board member shall be required to file annually in the office of the school board a certificate of completion of a course of continuing education conducted by the Mississippi School Boards Association.

(4) Every school board member selected after July 1, 2004 shall complete a course for substitute teachers and teach at least one (1) full day in a school in the district they represent, without compensation.

(5) Upon the failure of any local school board member to file with the school board the certificate of completion of the basic course of training as provided in subsection (2) of this section, the school board member shall be removed from office.

SECTION 7. The Attorney General of the State of Mississippi shall submit Sections 4 and 6 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 8. This act shall take effect and be in force from and after July 1, 2000; provided that Sections 4 and 6 shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.