Amendment_Report_for

SECTION 1. Legislative intent. It is the intent of the Legislature that this act provide a means whereby the State Board of Education may enter into a binding academic or vocational, or both, performance-based contract (a "charter") with an existing public school or a newly created school in exchange for exempting the school from significant rules, regulations, policies and procedures of the State Board of Education and the local school district and, except as otherwise provided, from the provisions of Title 37, Mississippi Code of 1972, which are applicable to public schools and school districts and their employees and students, in order to accomplish the following objectives:

(a) To provide increased opportunities in the public school system for students to learn in an educational environment that best meets their needs;

(b) To provide new forms of accountability for schools;

(c) To encourage increased involvement of parents and teachers in the operation and decision-making of a local public school;

(d) To encourage innovative and effective teaching methods; and

(e) To create new professional opportunities for teachers.

SECTION 2. Definitions. For purposes of this act, the following terms shall have the following meanings:

(a) "Charter" means an academic or vocational, or both, performance-based contract between the State Board of Education and an existing public school or a newly created school which exempts the school from significant rules, regulations, policies and procedures of the State Board of Education and the local school district and, except as otherwise provided, from the provisions of Title 37, Mississippi Code of 1972, which are applicable to public schools and school districts and their employees and students.

(b) "Charter school" means a public school that is operating under the terms of a charter granted by the State Board of Education, which in addition to other requirements of this act, provides that the school:

(i) Is exempt from significant rules, regulations, policies and procedures of the State Board of Education and the local school district and, except as otherwise provided, from the provisions of Title 37, Mississippi Code of 1972, which are applicable to public schools and school districts and their employees and students;

(ii) Is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under approval from the State Board of Education;

(iii) Operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by the State Board of Education;

(iv) Provides a program of elementary or secondary education, or both;

(v) Is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution or organization;

(vi) Does not charge tuition and fees, except as otherwise permitted under state and/or federal law;

(vii) Complies with the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Part B of the Individuals with Disabilities Education Act;

(viii) Is a school to which parents choose to send their children, and that admits students on the basis of a lottery, if more students apply for admission than can be accommodated;

(ix) Agrees to comply with the same state and federal audit requirements as do other public schools in the state;

(x) Meets all applicable federal, state and local health and safety requirements;

(xi) Has a written performance contract with the State Board of Education that includes a description of how student performance will be measured in the charter school pursuant to the same state assessments that are required of other public schools and any other assessments mutually agreed upon by the charter school and the State Board of Education.

(c) "Conversion school" means an existing public school, operating under the authority of a local school board and not under the direct authority of the State Board of Education, that has been converted to charter school status.

(d) "Start-up school" means a school that is not an existing public or private school, but is a school sponsored by a developer that is a newly created public school and is not a continuation of a private school under a different guise.

(e) "Developer" means an individual or group of individuals (including a public or nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school is to be located.

(f) "Petition" means a proposal to enter into an academic or vocational, or both, performance-based contract between the State Board of Education and either an existing public school or a newly created school whereby such school becomes a charter school.

(g) "Petitioner" means a developer that is submitting a proposal to enter into an academic or vocational, or both, performance-based contract between the State Board of Education and an existing public school or a newly created school whereby such school becomes a charter school.

SECTION 3. Formation of a charter school. (1) A charter school may be formed in one (1) of the following manners:

(a) By the approval of a petition for a start-up school made by a developer; or

(b) By the conversion of an existing school to charter status, which may be initiated by the local school board on its own motion to petition the State Board of Education to convert the school or the approval of a petition to convert.

(2) The developers of a proposed charter school under subsection (1)(a) of this section may apply to, and the school may be sponsored by, the State Board of Education.

(3) The process of conversion may be initiated by parents or teachers at the existing school or may be initiated by the district on its own motion. A petition may not be approved unless a majority of the school's instructional staff and a majority of the parents of students enrolled in the school that are present at a meeting called for the specific purpose of deciding whether or not to convert vote in favor of the conversion.

(4) Petitions for a start-up school and a conversion school must be submitted to and approved by the State Board of Education.

SECTION 4. Requirements for charter schools. In addition to all other requirements provided in state and federal law and in the regulations established by the State Board of Education, the following requirements shall be provided for in the charter agreement:

(a) The school may not discriminate on the basis of race, ethnicity, national origin, gender, income level, intellectual ability, measure of achievement or aptitude, disabling condition or athletic ability;

(b) The school must be accountable to the State Board of Education for performance pursuant to the same system of statewide testing as regular public schools as required under this act;

(c) The school must issue an annual report to parents and to the State Board of Education and the State Board of Education must make the reports available to the public. The report must include a financial statement, a description of the school's progress in reaching academic goals and a measure of parental satisfaction;

(d) The term of a charter shall be five (5) school years;

(e) The charter school will comply with all applicable state and federal rules and regulations relating to providing education services to students with disabilities;

(f) Any other matters required by this act or by the State Board of Education to be included in the charter; and

(g) Any other matters that the sponsor and charter school agree to include. Failure to agree on such additional matters shall not constitute grounds for rejection of a charter application.

SECTION 5. Admissions. (1) For conversion schools, an enrollment preference shall be given to students who reside within the former attendance area of that school. Students from outside the school district may be admitted if the State Board of Education and the charter school agree to and establish in the school's charter a procedure for the enrollment and admission of such students. If a student from outside the school district enrolls in the charter school, the school district from which the student comes may submit an amount equal to that student's pro rata share of the school district's local funds to the charter school or the charter school may charge tuition in a manner similar to that which may be charged by the regular public schools under applicable state and/or federal law.

(a) The Mississippi School for Mathematics and Science, as defined in Sections 37-139-1 through 37-139-13, is exempt from the admission requirements of this section.

(b) The Mississippi School of the Arts, as defined in Sections 37-140-1 through 37-140-15, is exempt from the admissions requirements of this section.

(2) A school district may not assign students to a charter school unless the provisions for such assignment is agreed upon by the district, the school and the State Board of Education and is stated in the charter.

(3) A charter school is subject to any desegregation court orders in effect in the school district in which the charter school is located.

(4) A charter school must enroll an eligible student who submits a timely application for enrollment, unless the number of applications for enrollment in a program, class, grade level or school building exceeds the number of applications the school is prepared to accept in that program, class, grade level or school building. If the charter school receives an excess number of applications, all applicants must have an equal chance of being admitted under the following guidelines:

(a) The school may not limit admission to students on the basis of intellectual ability, measure of achievement or aptitude.

(b) The school may give preference in enrollment in the school's first year of operation to children of the organizers and teachers of the charter school. In later years, preference may be given to children of teachers and siblings of students enrolled at the school during the previous year and who will be enrolled in the current school year.

(c) The number of students given preference in enrollment may not exceed fifty percent (50%) of the enrollment capacity of a program, class, grade level or school building.

(d) Charter schools shall determine enrollment by a lottery. An applicant in a preference category is eligible for inclusion in the general selection process if the applicant is not selected from the preference category.

(e) The Mississippi School for Mathematics and Science, as defined in Sections 37-139-1 through 37-139-13, is exempt from the admission requirements of this section.

(f) The Mississippi School of the Arts, as defined in Sections 37-140-1 through 37-140-15, is exempt from the admissions requirements of this section.

(5) The charter school shall not discriminate on the basis of race, ethnicity, national origin, gender, income level, intellectual ability, disabling condition or athletic ability and shall comply with the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Part B of the Individuals with Disabilities Education Act.

(6) The racial composition of the charter school's enrollment must differ by no more than twenty percent (20%) from the racial composition of the school district in which the charter school is located. In the event that the racial composition of the charter school's enrollment differs by more than twenty percent (20%) from the racial composition of the school district in which the charter school is located, the State Board of Education shall consider the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the charter school is operating in a nondiscriminatory manner. A finding by the State Board of Education that the charter school is operating in a racially discriminatory manner may justify the denial of a charter school petition or the revocation of the charter school's charter agreement. A finding by the State Board of Education that the charter school is not operating in a racially discriminatory manner shall justify approval of the charter petition or continuation of the charter agreement without regard to the racial percentage requirement, provided that all other applicable regulations are satisfied.

SECTION 6. Organization. (1) A charter school, unless it is a conversion school that wishes to remain under the authority of the local school district, must organize as a nonprofit corporation and must obtain tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

(2) A charter school may sue and be sued.

(3) A charter school may borrow funds and invest nonpublic funds. Funds received and earnings from investments on gifts from nonpublic entities shall be accounted for separately. If a charter school closes, all unspent public funds, unspent earnings from those funds and assets purchased with public funds will revert to the school board that chartered the school. Unspent funds from nonpublic sources, unspent earnings from those funds, assets purchased with those funds and debts of the school (unless otherwise provided for in the charter or debt instrument) shall revert to the nonprofit entity created to operate the school and may be disposed of according to applicable laws for nonprofit corporations. If a conversion school reverts to noncharter status, then all assets will revert to the local school board. A government entity shall not be liable for any debt of the charter school unless that entity explicitly agreed to be liable for nonpayment of the debt. The State Board of Education's approval of a charter school budget that includes debt does not constitute the State Board of Education's liability for that debt.

(4) Members of the State Board of Education are immune from civil or criminal liability with respect to all activities of a charter school approved or sponsored by the State Board of Education.

SECTION 7. Petition. (1) In addition to providing a description of how the charter school will satisfy the requirements of this act, the developer's petition must also provide:

(a) A description of the governing body that is responsible for the policy and operational decisions of the charter school, including the names of that body's initial members and a description of the method by which subsequent members will be elected and the method by which fairness and objectivity of those elections will be assured;

(b) A description of the objective method or methods that will be used to measure student progress. The method or methods must include the same tests required of regular public schools by the State Board of Education; however, to the extent allowed by federal law, the State Board of Education may grant an exemption from this requirement when there is a compelling reason for an exemption based on the unique circumstances of the school;

(d) A description of the school's plan for handling disruptive students. Notwithstanding any law to the contrary, a local school board may refuse to admit any student who is suspended or expelled from a charter school due to actions that would lead to suspension or expulsion from a school in that district until the period of suspension or expulsion has expired;

(e) A description of the school's plan to provide reasonable public notice of the existence, nature and application requirements of the charter school. This notice must include at least one (1) informational meeting to which the public is invited. Local school districts shall provide reasonable assistance, if requested by the charter school, in providing such notice in their districts. However, the actual expenses incurred by the districts in providing the requested assistance must be paid by the charter school;

(f) A description of the administrative or other services, if any, that the local school district will provide for the charter school;

(g) A description of the method that will be used to compute per-pupil funding for the school;

(h) A description of the types and amount of insurance coverage, including bonding insurance for the principal officers of the school, to be obtained by the charter school;

(i) A description of the program of instruction. A charter school must provide a comprehensive program of instruction for at least one (1) complete grade level of kindergarten, elementary or secondary education. A school may offer this program of instruction with an emphasis on a specific learning philosophy, style or certain subject area. If the school is a high school, the program of instruction must ensure that in order to be eligible for graduation, a student must have earned the minimum number of units required for graduation from public high schools by the State Board of Education. However, the State Board of Education may grant an exemption from this requirement when there is a compelling reason for an exemption based on the unique circumstances of the school. A school may add grade levels during any year of the charter, if notice of the additional grade levels is submitted to the State Board of Education at least six (6) months before the beginning of the school year in which those grade levels will be offered;

(j) A budget encompassing all necessary items for operating the school, based on one or more projections of the number of students the school anticipates serving in the year for which the budget is prepared; and

(k) If the school district in which the charter school is located is under a consent decree or desegregation order, then the petition must include a statement of preclearance that the United States Department of Justice or other appropriate federal agency has no objection to the creation of the charter school. If the charter school is a conversion school and will serve a similar group of students, the State Board of Education may waive this requirement.

(2) Provisions of the charter may be amended at any time by agreement between the charter school and the State Board of Education. The attachments must be submitted to the State Board of Education on an annual basis and may not be revised by the State Board of Education unless the information in the submissions indicates a violation of the charter, this act or any other law or regulation.

SECTION 8. Deadlines and approval of charter petitions. (1) All petitions for charter schools shall be submitted to the State Board of Education no later than November 1 in the school year preceding the first school year the charter school intends to open. A petition for a charter consists of a proposed charter and all attachments required under Section 7 of this act.

(2) The State Board of Education to which a petition for a charter has been submitted must respond to the petition prior to December 31 of each year. The response may be in the form of approval of the petition as submitted, rejection of the petition, or approval of the petition subject to negotiation of details, which negotiation must be conducted in good faith.

(3) The State Board of Education shall establish rules and regulations for the submission of petitions to establish a charter school and for the review and evaluation of such petitions received by the board.

(4) If a petition for a charter is rejected, the State Board of Education must provide written notice to the petitioner of the basis for the rejection.

(5) The State Board of Education may provide technical assistance to a petitioner whose petition has been rejected.

SECTION 9. Renewals and revocations. (1) Charter renewal petitions shall be submitted no later than November 1 in the charter school's fifth year of operation. Renewal may be in the affirmative if the following minimum conditions have been met:

(a) The school has met the requirements for student performance stated in the original charter agreement;

(b) The school has complied with other provisions of the charter;

(d) The school has maintained a minimum average of a Level 3 as defined by the State Board of Education's performance-based accreditation system.

(2) A charter issued under this act may be revoked by the State Board of Education, and the charter school shall be closed, if the State Board of Education determines that one or more of the following have occurred:

(a) Repeated or substantial failure of the charter school to maintain applicable safety standards;

(b) Substantial failure of the charter school to meet auditing or other financial standards as required under this act;

(d) The existence of one or more grounds for revocation as specified in the charter.

(3) If a charter is revoked, the charter school must remain open until the end of the school year in which the revocation takes effect, unless the State Board of Education determines that an extreme emergency situation that jeopardizes the best interests and well-being of the students of the school exists.

(4) The revocation or nonrenewal of a charter must be accompanied by a list of specific reasons for the action. The charter school may seek judicial review of the decision to revoke or not to renew a charter in the Chancery Court of Hinds County, Mississippi.

SECTION 10. Exemptions. (1) Except as otherwise provided under this act, all schools chartered under this act are exempt from those statutes applicable to the public schools and the rules, regulations, policies and procedures of the State Board of Education and the local school district unless specifically described in the charter agreement.

(2) Charter schools are not exempt from the following statutes:

(a) Section 37-9-75, which relates to teacher strikes;

(b) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school;

(d) Section 37-11-23, which prohibits the willful disruption of school and school meetings;

(e) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property; and

(f) Section 37-19-53, which prohibits false reporting of student counts by school officials.

SECTION 11. Charter school employees. (1) A school district may not assign teachers or other licensed and nonlicensed employees employed by the district to a charter school. A charter school may hire the teachers and other licensed and nonlicensed employees to be employed by the school and negotiate contracts.

(2) The qualifications of the teachers and other licensed employees in a charter school must be disclosed to the students' parents before the beginning of the school year.

(3) The instructional staff of the charter school will be deemed employees of the local school district for purposes of providing certain state-funded employee benefits, including membership in the Public Employees' Retirement System and the State and School Employees Life and Health Insurance Plan. Charter schools are public schools, and the employees of charter schools are public school employees. Employees of a charter school that elects to become a participating employer under the Public Employees' Retirement System are teachers for the purpose of membership in the Public Employees' Retirement System. Charter schools may pay for all or part of an employee's health insurance premiums as part of the employee's compensation package.

(4) All employees of charter schools are required to undergo criminal records background checks and child abuse registry checks similar to employees of public schools under the provisions of Section 37-9-17, Mississippi Code 1972.

SECTION 12. Prohibition against unlawful reprisals. (1) A school district, school district employee or any other person who has control over personnel actions may not take unlawful reprisal against an employee of the school district because the employee is directly or indirectly involved in an application to establish a charter school. A school district employee may not take unlawful reprisal against an educational program of the school or the school district because an application to establish a charter school proposes the conversion of all or a portion of the educational program to a charter school.

(2) As used in this section, the term "unlawful reprisal" means:

(a) With respect to a school district employee, an action that is taken by another school district employee as a direct result of a lawful application to establish a charter school and which is adverse to the employee and results in one or more of the following for the employee:

(i) Disciplinary or corrective action;

(ii) Detail, transfer or reassignment;

(iii) Suspension, demotion or dismissal;

(iv) An unfavorable performance evaluation;

(v) A reduction in pay, benefits or awards;

(vi) Elimination of the employee's position without a reduction in force by reason of lack of monies or work; or

(vii) Other significant changes in duties or responsibilities which are inconsistent with the employee's salary or employment classification; and

(b) With respect to an educational program, an action that is taken by a school district employee as a direct result of a lawful application to establish a charter school and which is adverse to the educational program and results in one or more of the following:

(i) Suspension or termination of the program;

(ii) Transfer or reassignment of the program to a less favorable department;

(iii) Relocation of the program to a less favorable site within the school or school district; or

(iv) Significant reduction or termination of funding for the program.

SECTION 13. Funding. (1) A charter school's funding shall be based on the number of students enrolled in and in attendance at the school.

(2) A charter school student must be included in the average daily attendance reports of the student's home district. The State Board of Education shall define the means by which a charter school must verify the residency and attendance of a student at the school.

(3) State funding for a charter school student will be distributed to the student's home district as if the student were attending any other public school in that district, including transportation funds.

(4) A charter school shall request state, local and federal funds from the home school district of each student attending the school. Local and state per-pupil funding must be equal to the local and state portion of the per-pupil expenditures in the student's home district in the current year being funded, but not to exceed the per-pupil funding two (2) school years preceding the school year being funded. Federal funds must be distributed as dictated by federal law. The charter school also shall send a copy of each request for funding to the State Department of Education.

(6) A school district must remit requested funds in a timely fashion, as defined by the State Board of Education. When contributions are not forwarded in a timely manner by the local school district, the state shall assess a ten percent (10%) penalty payable to the charter school for failure to forward the contribution.

(7) For a new charter school, pre-enrollment or other reasonable information shall be the basis for initial funding. The State Board of Education shall define the types of information that may be used for this purpose, as well as methods of correcting any discrepancies between the original estimates on which funding is based and the actual average daily attendance.

(8) The charter school may receive gifts and grants from any public or private sources.

SECTION 14. Facilities and services. (1) A school district may lease space or sell services to a charter school. A school district may not contract with the charter school to provide instructional services. A school district may make unused buildings available to a charter school in the manner provided by law and must bargain in good faith over the terms of the lease.

(2) A charter school may lease space or secure services from another public body, nonprofit organization or private organization or individual.

(3) A sponsor may issue a charter to a charter school applicant before the applicant has secured space, equipment and personnel if the applicant indicates authorization is necessary for the school to raise working capital.

(4) A charter school may not be located in a residential dwelling, in a facility owned and maintained by a religious organization, or in any other facility which is not appropriately zoned for use by the school.

SECTION 15. Charter Schools Stimulus Revolving Loan Fund. (1) There is established in the State Treasury a fund to be known as the "Charter Schools Stimulus Revolving Loan Fund." The purpose of the fund is to provide financial support to charter school petitioners and charter schools for start-up costs and costs associated with renovating or remodeling existing buildings and structures. The fund shall consist of monies obtained from grants from the federal government, funds appropriated by the Legislature, repaid loans from borrowers and grants, gifts, devises and donations from any public or private source. The State Board of Education shall administer the fund and may apply for any grants from the federal government or private sources.

(2) The State Board of Education shall adopt rules and regulations necessary for the implementation of this section, including application and notification requirements. If sufficient funds are available for this purpose, monies from the Charter Schools Stimulus Revolving Loan Fund will be distributed to qualifying charter school petitioners and charter schools in the following manner:

(a) Each qualifying charter school petitioner or charter school may be awarded an initial loan of not more than Fifty Thousand Dollars ($50,000.00) before or during the first year of the charter school's operation. This loan must be repaid over a period of no more than five (5) years. If any petitioner for a charter school receives an initial loan under this paragraph and fails to begin operating a charter school within the following eighteen (18) months, the applicant shall reimburse the Charter Schools Stimulus Revolving Loan Fund for the amount of the initial loan plus interest calculated at a rate of ten percent (10%) per year.

(b) Petitioners for charter schools and charter schools that receive initial loans under paragraph (a) of this subsection may apply for an additional loan of not more than Fifty Thousand Dollars ($50,000.00). This loan must be repaid over a period of no more than five (5) years. If a petitioner for a charter school receives an additional loan under this paragraph and fails to begin operating a charter school within the following eighteen (18) months, the applicant shall reimburse the Charter Schools Stimulus Revolving Loan Fund for the amount of the additional loan, plus interest calculated at a rate of ten percent (10%) per year. A reimbursement required by this paragraph is in addition to any reimbursement required under paragraph (a) of this subsection.

SECTION 16. Governing board. (1) The initial board of directors of a charter school must be designated by the petitioners who have been granted the charter. This initial board shall govern the school's first year of operation. The board of directors for a charter school shall consist of no more than nine (9) members.

(2) Not less than six (6) months before the beginning of the charter school's second school year, the school shall hold an election for members of the school's board of directors. The term of office for this board shall be set according to the charter.

(3) Administrative and instructional personnel of the charter school and all parents of children enrolled in the school shall be eligible to participate in any election of members of the board of directors.

(4) Meetings of the charter school's board of directors will be subject to Sections 25-41-1 through 25-41-17 governing open meetings.

SECTION 17. Authority to levy taxes and issue bonds. A charter school may not levy taxes or issue bonds secured by tax revenues.

SECTION 18. Number of charter schools. (1) Not more than five (5) petitions for charter schools shall be approved in each of the first three (3) years after the enactment of this act. After the third year, not more than ten (10) petitions shall be approved each year.

(2) Not more than fifty percent (50%) of the schools in a school district may be conversion charter schools.

SECTION 19. Dissemination of information. The State Department of Education shall disseminate information to the public regarding the rules and regulations relating to charter schools.

SECTION 20. Evaluation. The State Department of Education shall provide to the Legislature an evaluation of the charter schools created under this act. The evaluation shall be presented before the 2010 legislative session.

SECTION 21. Existing charter schools. Any charter school that is operating under the terms of a charter granted under the authority of Sections 37-28-1 through 37-28-21 may continue to operate under the terms of that charter for the duration of its term, notwithstanding the repeal of Sections 37-28-1 through 37-28-21. Upon the expiration of the charter, the charter school may seek to renew the charter by modifying the charter so that the school fully complies with the requirements for renewing charter status under this act.

SECTION 22. Section 37-139-3, Mississippi Code of 1972, is amended as follows:

37-139-3. (1) There is hereby created the Mississippi School for Mathematics and Science which shall be a residential school for eleventh and twelfth grade high school students located on the campus of the Mississippi University for Women.

(2) The school shall be governed by the State Board of Education.

(3) The board shall develop a plan relating to the opening, the operation and the funding of the school. Such plan shall be presented to the Legislature during the 1988 Regular Session and shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.

(4) The purpose of the school shall be to educate the gifted and talented students of the state, and its curriculum and admissions policies shall reflect such purpose.

(5) The board shall prepare the annual budget for the school.

(6) Conversion to a charter school, as defined in Sections 37-28-1 through 37-28-21, will not affect the purpose of the Mississippi School for Mathematics and Science, as defined in Section 37-139-3(4).

SECTION 23. Section 37-139-9, Mississippi Code of 1972, is amended as follows:

37-139-9. (1) The board shall be the exclusive governing body of the Mississippi School for Mathematics and Science and is hereby authorized and empowered to promulgate rules and regulations required to carry out the provisions of this chapter. The emphasis of this school shall be dedicated to the academic teaching of mathematics and the sciences, but shall not preclude some emphasis being placed on the arts and humanities as deemed appropriate by the board.

(2) The board may petition the State Board of Education to become a charter school, as defined in Sections 37-28-1 through 37-28-21.

SECTION 24. Section 37-140-3, Mississippi Code of 1972, is amended as follows:

37-140-3. (1) There is created the Mississippi School of the Arts, which shall be a residential school for eleventh and twelfth grade high school students located on the campus of Whitworth College in Brookhaven, Mississippi. The purpose of the school shall be to provide a more challenging educational experience for artistically talented and gifted students of the state to develop their full potential, including the teaching of humanities, creative writing, literature, theater, music, dance and visual arts, and the school's curriculum and admissions policies shall reflect that purpose.

(2) The 2001-2002 school year shall be the first year that the school shall admit students for enrollment, which shall be limited to students in the eleventh grade during the school's first year. Beginning with the 2002-2003 school year, the school shall enroll students in the eleventh and twelfth grades.

(3) Conversion to a charter school, as defined in Sections 37-28-1 through 37-28-21, will not affect the purpose of the Mississippi School for Mathematics and Science, as defined in Section 37-139-3(4).

SECTION 25. Section 37-140-5, Mississippi Code of 1972, is amended as follows:

37-140-5. (1) The school shall be governed by the State Board of Education. The board shall develop a plan relating to the opening, operation and funding of the school to be presented to the Legislature during the 2000 Regular Session. The plan shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.

(2) The State Superintendent of Public Education shall appoint an advisory panel to assist the board in developing the plan relating to the school. The advisory panel shall consist of the following twelve (12) appointed or designated members:

(a) Three (3) licensed school teachers or administrators, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;

(b) Three (3) citizens or professionals representing the areas of dance, creative writing, literature, music, theater arts or visual arts, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;

(c) Three (3) citizens knowledgeable in business, personnel management or public administration, with at least three (3) years' actual experience therein, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;

(d) One (1) member shall be a representative of the Mississippi Arts Commission to be designated by the commission, one (1) member shall be a representative of the Mississippi Humanities Council to be designated by the council, and one (1) member shall be a representative of the state institutions of higher learning in Mississippi which offer degrees in visual, fine and performing arts, to be designated by the Board of Trustees of State Institutions of Higher Learning.

Appointments to the advisory panel shall be made within ninety (90) days of April 23, 1999. The advisory panel shall meet upon the call of the State Superintendent of Public Education and shall organize for business by selecting a chairman and vice chairman/secretary for keeping records of the panel. Members of the advisory panel shall receive no compensation but may be reimbursed for necessary expenses and mileage for attending meetings and necessary business of the panel, in the amount authorized for state employees under Section 25-3-41.

(3) The board may utilize the staff of the State Department of Education and other state agencies as may be required for the implementation of this chapter. The department may employ any personnel deemed necessary by the board for assisting in the development and implementation of the plan relating to the opening, operation and funding of the school. The board also may contract or enter into agreements with other agencies or private entities which it deems necessary to carry out its duties and functions relating to the opening and operation of the school.

(4) To the extent possible, the board shall enter into agreements with the Board of Trustees of the Brookhaven Municipal Separate School District for the dual enrollment of students for the purpose of teaching academic courses to students attending the school, and the local school board shall be fully authorized to offer any such courses to students attending the school. The State Board of Education may develop and issue necessary regulations for the coordination of such courses for these students, the preparation and transfer of transcripts, and the reimbursement of any costs incurred by the school district for providing such services.

(5) The board may enter into agreements with public school districts to authorize students enrolled in such school districts to participate in the fine arts programs at the school to the extent that adequate space is available. The parent or guardian of any student participating in fine arts programs at the school under this subsection shall be responsible for transporting the student to and from the school.

(6) The board may petition the State Board of Education to become a charter school, as defined in Sections 37-28-1 through 37-28-21.

SECTION 26. Sections 37-28-1, 37-28-3, 37-28-5, 37-28-7, 37-28-9, 37-28-11, 37-28-13, 37-28-15, 37-28-17, 37-28-19 and 37-28-21, Mississippi Code of 1972, which establish a means for existing public schools to apply for charter status, are repealed.

SECTION 27. This act shall take effect and be in force from and after July 1, 2005.