MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education; Appropriations

By: Senator(s) Harden, Farris, Chaney

AN ACT TO EMPOWER AND DIRECT THE STATE BOARD OF EDUCATION TO ESTABLISH AND IMPLEMENT AN IMPROVING AND HIGH-PERFORMING 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 AND AUTHORIZE SALARY PAYMENTS TO SCHOOL PERSONNEL UNDER THIS PROGRAM SUBJECT TO SPECIFIC APPROPRIATION BY THE LEGISLATURE; TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, 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 "SCHOOLS AT RISK," TO PROVIDE FOR AN EVALUATION PROCESS, TO PROVIDE FOR THE IDENTIFICATION AND TRAINING OF INDEPENDENT EVALUATION TEAM MEMBERS, TO PROVIDE SCHOOL EVALUATION PROCEDURES FOR THE EVALUATION TEAMS, TO PROVIDE FOR THE DEVELOPMENT OF SCHOOL IMPROVEMENT PLANS FOR SUCH SCHOOLS AT RISK, TO PROVIDE FOR THE APPOINTMENT OF ASSISTANCE TEAMS BY THE STATE DEPARTMENT OF EDUCATION, TO AUTHORIZE THE SCHOOL AT RISK 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 SCHOOLS AT RISK 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, 2000, TO HAVE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, AND TO REQUIRE SCHOOL BOARD MEMBERS OF SCHOOLS WHICH HAVE LOST THEIR ACCREDITATION TO COMPLETE ANNUAL TRAINING COURSES IN ORDER TO RETAIN THEIR OFFICE; 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 High-Performing Schools Program and an Improving 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 high-performing and improving schools will be identified and rewarded. Upon full implementation of the statewide testing program, High-Performing or Improving School designation shall be made by the State Board of Education as follows:

(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 result in a composite score each year for each school.

(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 an Improving or a High-Performing 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 which has lost its accreditation and is designated as a School at Risk and exceeds its growth expectation by a percentage as established by the State Board of Education shall no longer be considered a School at Risk and shall be eligible for monetary awards under this section. High-Performing School designation shall not be achieved by a school where the lowest quartile of student achievement scores is not improving.

(2) Upon designation, Improving and High-Performing Schools shall be eligible to receive an incentive amount per licensed and nonlincensed school personnel to be determined annually by the State Board of Education. All funds awarded under this subsection shall be subject to specific appropriation therefor by the Legislature.

Salary supplements authorized under this subsection for employees of schools receiving Improving or High-Performing designation shall not be considered as bonus payments, and shall be made in lump sum payments during the first pay period of the school year following such designation. All such salary supplements shall be paid directly by the State Department of Education to the local school district for delivery to the designated school, and shall be in addition to the minimum and adequate education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education, and subject to specific appropriation therefor by the Legislature.

(3) In addition to salary supplements for Improving and High-Performing Schools, the State Board of Education shall award the schools receiving such designation an additional incentive amount to be made to an Improving or High-Performing School to meet needs as determined by a vote of all licensed and instructional personnel employed at the school. This incentive amount will include a base amount per school plus an additional amount based on that school's average daily attendance. 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 outstanding teachers/administrators to pursue additional professional development or educational enrichment.

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

(4) In addition, the State Board of Education shall provide special recognition to the schools receiving such designation and their school districts. Examples of such recognition may include, but not be limited to: public announcements and events; certificates of recognition and plaques for teachers, principals, superintendents and parents; and media announcements utilizing the services of Mississippi Educational Television.

SECTION 2. 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 that school districts employ certified school librarians according to the following formula:

Number of Students Number of Certified

Per School Library School Librarians

0 - 499 Students 1/2 Full-time Equivalent

Certified Librarian

500 or More Students 1 Full-time

Certified Librarian

(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) 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, 2000, the State Board of Education shall implement the performance-based accreditation system for school districts and for individual schools which shall include the following:

(a) High expectations for students and high standards for all schools, with a focus on the basic curriculum;

(b) Strong accountability for results with appropriate local flexibility for local implementation;

(c) A process to implement accountability at both the school district level and the school level;

(d) Individual schools shall be held accountable for student growth and performance;

(e) Set annual performance standards for each of the schools of the state and measure the performance of each school against itself through the standard that has been set for it;

(f) A determination of which schools exceed their standards and a plan for providing recognition and rewards to such schools;

(g) A determination of which schools are failing to meet their standards and a determination of the appropriate role of the State Board of Education and the State Department of Education in providing assistance and initiating possible intervention; and

(h) Development of a comprehensive student assessment system to implement these requirements.

The State Board of Education may continue to assign school district performance levels by using a number classification and may assign individual school performance levels by using a number classification to be consistent with school district performance levels.

(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 to determine whether schools are complying with accreditation standards.

(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) Deleted.

(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;

(b) Notify any applicable school district failing to meet accreditation standards that it is on probation until corrective actions are taken or until the deficiencies have been removed. The local school district shall develop a corrective action plan 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 and school to improve: (a) instruction; (b) curriculum; (c) professional development; (d) personnel and classroom organization; (e) student incentives for performance; (f) process deficiencies; and (g) 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 provided to the State Board of Education as may be required. 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 assist school districts;

(e) Provide for publication of public notice at least one 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; and other information as the State Board of Education deems appropriate. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.

(11) (a) If the recommendations for corrective action are not taken by the local 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.

(b) 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 may request the Governor to declare a state of emergency in that school district. For purposes of this paragraph, 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.

(c) Whenever the Governor declares a state of emergency in a school district in response to a request made under paragraph (a) or (b) of this subsection, the State Board of Education may take one (1) or more of the following actions:

(i) 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;

(ii) Override any decision of the local school board or superintendent of education, or both, concerning the management and operation of the school district, or initiate and make decisions concerning the management and operation of the school district;

(iii) Assign an interim conservator who will have those powers and duties prescribed in subsection (14) of this section;

(iv) Grant transfers to students who attend this school district so that they may attend other accredited schools or districts in a manner which is not in violation of state or federal law;

(v) For states of emergency declared under paragraph (a) only, 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;

(vi) For states of emergency declared under paragraph (b) only, reduce local supplements paid to school district employees, including, but not limited to, instructional personnel, assistant teachers 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;

(vii) For states of emergency declared under paragraph (b) only, the State Board of Education must take such action as prescribed in Section 37-17-13.

(d) At such time as satisfactory corrective action has been taken in a school district in which a state of emergency has been declared, the State Board of Education may request the Governor to declare that the state of emergency no longer exists in the district.

(12) Upon the declaration of a state of emergency in a school district under subsection (11) of this section, the Commission on School Accreditation shall be responsible for public notice at least once a week for at least three (3) consecutive weeks 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. If a conservator has been appointed for the school district, such notice shall begin as follows: "By authority of Section 37-17-6, Mississippi Code of 1972, as amended, 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 also shall include, in the discretion of the State Board of Education, any or all details relating to the school 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, conditions of any conservatorship and corrective actions recommended and being taken. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.

Upon termination of the state of emergency in a school district, the Commission on School Accreditation shall cause notice to be published in the school district in the same manner provided in this section, 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.

(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) (a) Whenever the Governor declares a state of emergency in a school district in response to a request made under subsection (11) of this section, the State Board of Education, in its discretion, may assign an interim conservator to the school district 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;

(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; and

(viii) Appointing a parent advisory committee, comprised of parents of students in the school district, which may make recommendations to the conservator concerning the administration, management and operation of the school district.

Except when, in the determination of the State Board of Education, the school district's impairment is related to a lack of financial resources, 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 nonminimum 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.

At such time as the Governor, pursuant to the request of the State Board of Education, declares that the state of emergency no longer exists in a school district, the powers and responsibilities of the interim conservator assigned to such district shall cease.

(b) 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.

(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 (11), 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 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) Upon full implementation of the statewide testing programs, the State Board of Education 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, as follows:

(a) 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 and labeled a School at Risk, if the school: (i) does not meet its growth expectation; and (ii) has a percentage of students functioning below grade level, as designated by the State Board of Education.

(b) Once a School at Risk has been identified and written notice sent by the State Board of Education by certified mail to both the school principal and the local board of education, the State Board of Education and the State Department of Education shall assign an evaluation team to the school. The evaluation team shall consist of a minimum of four (4) trained members appointed by the department and approved by the State Board of Education from the following categories: (i) school superintendents; (ii) school principals; (iii) curriculum coordinators; (iv) teachers; and (v) local school board members. 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: (i) school accreditation legal requirements; (ii) data analysis; (iii) curriculum alignment; (iv) effective curriculum and instructional strategies; (v) the State Department of Education school improvement plan process; (vi) personnel appraisal; (vii) effective community involvement; (viii) public relations; (ix) safe and orderly school climate; (x) policy development and implementation; and (xi) effective school resource allocation. A team leader shall be chosen by the department for each evaluation team to provide overall guidance to the team. The State Department shall assist each evaluation team by providing administrative and clerical support.

(c) An approved evaluation team shall have the following authority and responsibility:

(i) The evaluation team shall have the authority to request any and all financial documentation that it deems necessary, and the School at Risk, with the assistance and cooperation of the school district central office, shall submit such requested financial information to the evaluation team.

(ii) The evaluation team shall analyze the School at Risk's 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 shall request additional individuals in specialty areas to participate as a team member in preparing the evaluation. After completing the evaluation of the School at Risk, the team shall prepare and adopt its school evaluation report which shall be submitted to the State Superintendent of Education for review and approval. The school evaluation report shall identify any personnel who were found by the evaluation team to be in need of participation in a professional development plan.

(d) Following the approval of the evaluation report by the State Superintendent of Education, a representative from the State Department of Education and the evaluation team leader shall present the evaluation report to the principal of the School at Risk, 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 School at Risk at an advertised public meeting.

(e) 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 committees. Where no active local parent teacher group exists, the State Department of Education may request assistance from the Mississippi Parent Teacher Association in the selection of the local parent advisory committee.

(f) The school improvement plan shall be approved by the principal of the School at Risk, the superintendent of the local school district, the local school board and a majority of the teachers of the school, within a time period to be determined by the evaluation team.

(g) The State Department of Education shall provide technical assistance to the School at Risk in the implementation of the school improvement plan including the implementation of any recommended professional development plan, or may contract with the institutions of higher learning or other appropriate private entities to provide such technical assistance. This assistance team shall collaborate with school and school district employees in the implementation and monitoring of the school improvement plan, and report as appropriate to the local school board, the local community.

(h) As part of the school improvement plan for a School at Risk, 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 as follows:

(i) 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 regardless of his period of employment at the school. The principal's full participation in the professional development plan shall be required. 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 School at Risk may also be assigned a mentor who has 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.

At the end of the second year, if a school continues to be a School at Risk, the local school board shall initiate one of the following three options:

1. Impose a cap on the principal's salary, make any necessary adjustments in his professional development plan, and continue a third year of professional development and mentoring; or

2. Nonrenew the principal's contract for the next school year; or

3. Dismiss the principal consistent with the provisions of Section 37-9-59.

At the end of the third year, if a school continues to be a School at Risk, the local school board shall initiate one of the following four options:

1. Transfer the principal to another school, but not to another School at Risk; or

2. Reassign the principal to other duties than that of principal with the appropriate salary reduction; or

3. Nonrenew the principal's contract for the next school year; or

4. Dismiss the principal, consistent with the provisions of Section 37-9-59.

At the end of the fourth year, if a school continues to be a School at Risk and a principal has been at that school for more than three (3) years, the local school board shall dismiss the principal in a manner consistent with the provisions of Section 37-9-59; and the State Board of Education may initiate the school district conservatorship process as authorized under Section 37-17-6.

(ii) 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. The teacher's full participation in the professional development plan shall be required. 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. This procedure may be similar to the process used by the National Professional Teaching Standards Board's process, which includes such activities as videotaping teachers and providing videotapes to the evaluators. Additionally, the teacher may also be assigned a mentor who has demonstrated expertise as a high-performing teacher.

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.

If, after the second year, the teacher fails to perform, his performance and professional development plan shall be re-evaluated; and the local school board shall take one of the following three actions:

1. Impose a cap on the teacher's salary, make any necessary adjustments in the teacher's professional development plan, and develop a professional development plan for the third year; or

2. Nonrenew the teacher's contract for the next school year; or

3. Dismiss the teacher, consistent with the provisions of Section 37-9-59.

If, after the third year, the teacher fails to perform, his performance and professional development plan shall again be re-evaluated; and the local school board shall take one of the following actions:

1. Reassign the teacher to a nonteaching position with appropriate salary reduction; or

2. Nonrenew the teacher's contract for the next school year; or

3. Dismiss the teacher, consistent with the provisions of Section 37-9-59.

If, after the fourth year, a teacher does not meet performance expectations, the local school board shall dismiss the teacher in a manner consistent with the provisions of Section 37-9-59.

(iii) If the evaluation report reveals a school district central office problem, a superintendent of the school district having a School at Risk may be required to participate in a professional development plan. Additionally, the superintendent may be assigned a mentor who is a high-performing superintendent and has demonstrated expertise and knowledge of high-performing schools. The local school board will continue to evaluate the performance of the superintendent and his participation in a professional development plan, making appropriate revisions to the plan as needed.

If a school continues to be a School at Risk after a second year or a third year, the local school board may 1. Impose a cap on the superintendent's salary, or 2. make any necessary adjustments to his professional development plan, and require his continued participation in a plan.

In the event a school continues to be designated a School at Risk after four (4) 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 schools at risk in any one (1) year, the State Board of Education shall 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:

1. If the office of superintendent is an elected office, the name shall be submitted by the county election commission at the next general election to the voters eligible to vote 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 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 term of such office, and at the expiration of such term shall be eligible for qualification and election to another term or terms.

2. 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.

(i) In the event a school continues to be designated a School at Risk after four (4) 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 schools at risk in any one (1) year, the State Board of Education shall 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:

1. If the members of the local school board are elected to office, the official name of the school board shall be submitted by the county election commission at the next general election to the voters eligible to vote within the county or school district, as the case may be. The ballot shall read substantially as follows:

"Shall the members of the school board of the _______________________ School District (Here the title of school district shall be inserted) be retained in office? Yes _____ No _____"

If a majority of those voting on the question vote against retaining the members of the school board in office, a vacancy in each board member's office shall exist which shall be filled as provided by law; otherwise, the school board members shall remain in office for the term of each respective member, and at the expiration of each term of office the member shall be eligible for qualification and election to another term or terms of office.

2. 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 may be reappointed.

(j) In the event a school continues to be designated a School at Risk after four (4) 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 schools at risk 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 this section, including the appointment of an interim conservator.

(k) 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 School at Risk, 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 School at Risk which has successfully completed their improvement plans and shall notify the Governor and the Legislature of such school's progress.

SECTION 3. 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 School at Risk 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 4. Section 37-7-306, Mississippi Code of 1972, is amended as follows:

37-7-306. (1) Every school board member selected after July 1, 2000, 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) 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.

(5) Upon the failure of any local school board member of a school district with a school failing to meet minimum accreditation standards to file with the school board the certificate of completion of the continuing education course of training provided in subsection (3) of this section, the school board member shall be removed from office.

SECTION 5. The Attorney General of the State of Mississippi shall submit Sections 2 and 4 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 6. This act shall take effect and be in force from and after July 1, 2000; provided that Sections 2 and 4 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.