MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education
By: Senator(s) Tollison
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
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-17-6, Mississippi Code of 1972, is amended as follows:
[Effective until the date Laws of 2012, Ch. 525, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section will read:]
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 certified 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 the 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 that 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 December 31, 2002, 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 those 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. A failing district is a district that fails to meet both the absolute student achievement standards and the rate of annual growth expectation standards as set by the State Board of Education for two (2) consecutive years. The State Board of Education shall establish the level of benchmarks by which absolute student achievement and growth expectations shall be assessed. In setting the benchmarks for school districts, the State Board of Education may also take into account such factors as graduation rates, dropout rates, completion rates, the extent to which the school or district employs qualified teachers in every classroom, and any other factors deemed appropriate by the State Board of Education. The State Board of Education, acting through the State Department of Education, shall apply a simple "A," "B," "C," "D" and "F" designation to the current school and school district statewide accountability performance classification labels beginning with the State Accountability Results for the 2011-2012 school year and following, and in the school, district and state report cards required under state and federal law. Under the new designations, a school or school district that has earned a "Star" rating shall be designated an "A" school or school district; a school or school district that has earned a "High-Performing" rating shall be designated a "B" school or school district; a school or school district that has earned a "Successful" rating shall be designated a "C" school or school district; a school or school district that has earned an "Academic Watch" rating shall be designated a "D" school or school district; a school or school district that has earned a "Low-Performing," "At-Risk of Failing" or "Failing" rating shall be designated an "F" school or school district. Effective with the implementation of any new curriculum and assessment standards, the State Board of Education, acting through the State Department of Education, is further authorized and directed to change the school and school district accreditation rating system to a simple "A," "B," "C," "D," and "F" designation based on a combination of student achievement scores and student growth as measured by the statewide testing programs developed by the State Board of Education pursuant to Chapter 16, Title 37, Mississippi Code of 1972. In any statute or regulation containing the former accreditation designations, the new designations shall be applicable;
(h) Development of a comprehensive student assessment system to implement these requirements; and
(i) The State Board of Education may, based on a written request that contains specific reasons for requesting a waiver from the school districts affected by Hurricane Katrina of 2005, hold harmless school districts from assignment of district and school level accountability ratings for the 2005-2006 school year. The State Board of Education upon finding an extreme hardship in the school district may grant the request. It is the intent of the Legislature that all school districts maintain the highest possible academic standards and instructional programs in all schools as required by law and the State Board of Education.
* * *
(5) (a) Effective with the 2013-2014 school year, the State Department of Education, acting through the Mississippi Commission on School Accreditation, shall revise and implement a single "A" through "F" school and school district accountability system complying with applicable federal and state requirements in order to reach the following educational goals:
(i) To mobilize resources and supplies to ensure that all students exit third grade reading on grade level;
(ii) To reduce the student dropout rate to thirteen percent (13%) by 2013; and
(iii) To attain the national average on applicable national assessments by 2013.
(b) The State Department of Education shall combine the state school and school district accountability system with the federal system in order to have a single system.
(c) The State Department of Education shall establish five (5) performance categories ("A," "B," "C," "D" and "F") for the accountability system based on the following criteria:
(i) Student Achievement: the percent of students proficient and advanced on the current state assessments;
(ii) Individual student growth: the percent of students making one (1) year's progress in one (1) year's time on the state assessment, with an emphasis on the progress of the lowest twenty-five percent (25%) of students in the school or district;
(iii) Four-year graduation rate: the percent of students graduating with a standard high school diploma in four (4) years, as defined by federal regulations;
(iv) Categories shall identify schools as Reward ("A" schools), Focus ("D" schools) and Priority ("F" schools). If at least five percent (5%) of schools in the state are not graded as "F" schools, the lowest five percent (5%) of school grade point designees will be identified as Priority schools. If at least ten percent (10%) of schools in the state are not graded as "D" schools, the lowest ten percent (10%) of school grade point designees will be identified as Focus schools;
(v) The State Department of Education shall discontinue the use of Star School, High-Performing, Successful, Academic Watch, Low-Performing, At-Risk of Failing and Failing school accountability designations;
(vi) The system shall include the federally compliant four-year graduation rate in school and school district accountability system calculations. Graduation rate will apply to high school and school district accountability ratings as a compensatory component. The system shall discontinue the use of the High School Completer Index (HSCI);
(vii) The school and school district accountability system shall incorporate a standards-based growth model, in order to support improvement of individual student learning;
(viii) The State Department of Education shall discontinue the use of the Quality Distribution Index (QDI);.
(ix) The State Department of Education shall determine feeder patterns, and notify schools and school districts prior to the release of the 2013 school grades. Feeder schools will be assigned the accountability designation of the schools to which they provide students;
(x) Standards for student, school and school district performance will be increased when student proficiency is at a seventy-five percent (75%) and/or when sixty-five percent (65%) of the schools and/or school districts are earning a grade of "B" or higher, in order to raise the standard on performance after targets are met.
( * * *6) Nothing in this section shall be
deemed to require a nonpublic school that receives no local, state or federal
funds for support to become accredited by the State Board of Education.
( * * *7) 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.
( * * *8) The State Board of Education shall
be specifically authorized and empowered to withhold 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.
( * * *9) Deleted.
( * * *10) 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 ( * * *15) 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 ( * * *15) of this section have been invoked.
( * * *11) 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 dropout 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: (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community. The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated. All corrective action plans shall be 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) Assign department personnel or contract, in its discretion, with the institutions of higher learning or other appropriate private entities with experience in the academic, finance and other operational functions of schools 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.
( * * *12) (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 the
affected school district to present evidence or other reasons why its
accreditation should not be withdrawn. After its consideration of the results
of the 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 that jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and that emergency situation is believed to be related to a serious violation or violations of accreditation standards or state or federal law, or when a school district meets the State Board of Education's definition of a failing school district for two (2) consecutive full school years, or if 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 the Governor to declare a state of emergency in that school district. For purposes of this paragraph, the 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 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. The 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, or in its discretion, contract with a private entity with
experience in the academic, finance and other operational functions of schools
and school districts, who will have those powers and duties prescribed in
subsection ( * * *15)
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 that 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 the 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 that 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 may take any action as prescribed in Section 37-17-13.
(d) At the time that 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.
(e) There is established a Mississippi Recovery School District within the State Department of Education under the supervision of a deputy superintendent appointed by the State Superintendent of Public Education, who is subject to the approval by the State Board of Education. The Mississippi Recovery School District shall provide leadership and oversight of all school districts that are subject to state conservatorship, as defined in Chapters 17 and 18, Title 37, Mississippi Code of 1972, and shall have all the authority granted under these two (2) chapters. The Mississippi Department of Education, with the approval of the State Board of Education, shall develop policies for the operation and management of the Mississippi Recovery School District. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall be authorized to oversee the administration of the Mississippi Recovery School District, oversee conservators assigned by the State Board of Education to a local school district, hear appeals from school districts under conservatorship that would normally be filed by students, parents or employees and heard by a local school board, which hearings on appeal shall be conducted in a prompt and timely manner in the school district from which the appeal originated in order to ensure the ability of appellants, other parties and witnesses to appeal without undue burden of travel costs or loss of time from work, and perform other related duties as assigned by the State Superintendent of Public Education. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall determine, based on rigorous professional qualifications set by the State Board of Education, the appropriate individuals to be engaged to be conservators and financial advisors, if applicable, of all school districts subject to state conservatorship. After State Board of Education approval, these individuals shall be deemed independent contractors.
( * * *13) Upon the declaration of a state
of emergency in a school district under subsection ( * * *12) 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 the 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, the 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 that resulted in the termination of the state of emergency.
( * * *14) 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.
( * * *15) (a) Whenever the Governor
declares a state of emergency in a school district in response to a request
made under subsection ( * * *1112) of this section, the State Board of Education, in
its discretion, may assign an interim conservator to the school district, or in
its discretion, may contract with an appropriate private entity with experience
in the academic, finance and other operational functions of schools and school
districts, 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 licensed and nonlicensed 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 that 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 funds other than adequate education program funds. The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's adequate education program funds.
At the time that the Governor, in accordance with 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 the district shall cease.
(b) In order to provide loans to school districts under a state of emergency that 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 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 those amounts, as determined by the board, that 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 the 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 adequate education program funds in an amount and manner that will effectuate repayment consistent with the terms of the agreement; the funds withheld by the department shall be deposited into the State General Fund or the Education Enhancement Fund, as the case may be.
The State Board of Education shall develop a protocol that will outline the performance standards and requisite time line deemed necessary for extreme emergency measures. 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. The 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.
( * * *16) If 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 the time as new board members are selected or the Governor
declares a state of emergency in that school district under subsection ( * * *12), whichever occurs first. In that
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 any action as prescribed in Section 37-17-13 and/or one or more of
the actions authorized in this section.
( * * *17) (a) If
the Governor declares a state of emergency in a school district, the State
Board of Education may take all such action pertaining to that school district
as is authorized under subsection ( * * *12) or ( * * *15) of Section 37-17-6, including the
appointment of an interim conservator. The State Board of Education shall also
have the authority to issue a written request with documentation to the
Governor asking that the office of the superintendent of the school district be
subject to recall. If the Governor declares that the office of the
superintendent of the school district is subject to recall, the local school
board or the county election commission, as the case may be, shall take the
following action:
(i) If the office of superintendent is an elected office, in those years in which there is no general election, the name shall be submitted by the State Board of Education to the county election commission, and the county election commission shall submit the question at a special election to the voters eligible to vote for the office of superintendent within the county, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Shall County Superintendent of Education ________ (here the name of the superintendent shall be inserted) of the ____________ (here the title of the school district shall be inserted) be retained in office? Yes _______ No _______"
If a majority of those voting on the question votes against retaining the superintendent in office, a vacancy shall exist which shall be filled in the manner provided by law; otherwise, the superintendent shall remain in office for the term of that office, and at the expiration of the term shall be eligible for qualification and election to another term or terms.
(ii) If the office of superintendent is an appointive office, the name of the superintendent shall be submitted by the president of the local school board at the next regular meeting of the school board for retention in office or dismissal from office. If a majority of the school board voting on the question vote against retaining the superintendent 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.
(b) The State Board of Education may issue a written request with documentation to the Governor asking that the membership of the school board of the school district shall be subject to recall. Whenever the Governor declares that the membership of the school board is subject to recall, the county election commission or the local governing authorities, as the case may be, shall take the following action:
(i) If the members of the local school board are elected to office, in those years in which the specific member's office is not up for election, the name of the school board member shall be submitted by the State Board of Education to the county election commission, and the county election commission at a special election shall submit the question to the voters eligible to vote for the particular member's office within the county or school district, as the case may be, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Members of the ______________ (here the title of the school district shall be inserted) School Board who are not up for election this year are subject to recall because of the school district's failure to meet critical accountability standards as defined in the letter of notification to the Governor from the State Board of Education. Shall the member of the school board representing this area, ____________ (here the name of the school board member holding the office shall be inserted), be retained in office? Yes _______ No _______"
If a majority of those voting on the question vote against retaining the member of the school board in office, a vacancy in that board member's office shall exist, which shall be filled in the manner provided by law; otherwise, the school board member shall remain in office for the term of that office, and at the expiration of the term of office, the member shall be eligible for qualification and election to another term or terms of office. However, if a majority of the school board members are recalled in the special election, the Governor shall authorize the board of supervisors of the county in which the school district is situated to appoint members to fill the offices of the members recalled. The board of supervisors shall make those appointments in the manner provided by law for filling vacancies on the school board, and the appointed members shall serve until the office is filled at the next regular special election or general election.
(ii) 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 those members may be reappointed.
(iii) If the local school board is comprised of both elected and appointed members, the elected members shall be subject to recall in the manner provided in subparagraph (i) of this subsection, and the appointed members shall be subject to recall in the manner provided in subparagraph (ii).
( * * *18) 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.
( * * *19) Before December 1, 1999, the
State Board of Education shall recommend a program to the Education Committees
of the House of Representatives and the Senate for identifying and rewarding
public schools that improve or are high performing. The program shall be
described by the board in a written report, which shall include criteria and a
process through which improving schools and high-performing schools will be
identified and rewarded.
The State Superintendent of Public Education and the State Board of Education also shall develop a comprehensive accountability plan to ensure that local school boards, superintendents, principals and teachers are held accountable for student achievement. A written report on the accountability plan shall be submitted to the Education Committees of both houses of the Legislature before December 1, 1999, with any necessary legislative recommendations.
( * * *20) Before January 1, 2008, the State
Board of Education shall evaluate and submit a recommendation to the Education
Committees of the House of Representatives and the Senate on inclusion of
graduation rate and dropout rate in the school level accountability system.
( * * *21) If a local school district is
determined as failing and placed into conservatorship for reasons authorized by
the provisions of this section, the conservator appointed to the district
shall, within forty-five (45) days after being appointed, present a detailed
and structured corrective action plan to move the local school district out of
conservatorship status to the local school board and local superintendent of
education if they have not been removed by the conservator, or if the board and
superintendent have been removed, to the local governing authority of the
municipality or county in which the school district under conservatorship is
located. A copy of the conservator's corrective action plan shall also be
filed with the State Board of Education.
[Effective from and after the date Laws of 2012, Ch. 525, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section will read:]
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 certified 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 the 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 that 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 December 31, 2002, 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 those 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. A failing district is a district that fails to meet both the absolute student achievement standards and the rate of annual growth expectation standards as set by the State Board of Education for two (2) consecutive years. The State Board of Education shall establish the level of benchmarks by which absolute student achievement and growth expectations shall be assessed. In setting the benchmarks for school districts, the State Board of Education may also take into account such factors as graduation rates, dropout rates, completion rates, the extent to which the school or district employs qualified teachers in every classroom, and any other factors deemed appropriate by the State Board of Education. The State Board of Education, acting through the State Department of Education, shall apply a simple "A," "B," "C," "D" and "F" designation to the current school and school district statewide accountability performance classification labels beginning with the State Accountability Results for the 2011-2012 school year and following, and in the school, district and state report cards required under state and federal law. Under the new designations, a school or school district that has earned a "Star" rating shall be designated an "A" school or school district; a school or school district that has earned a "High-Performing" rating shall be designated a "B" school or school district; a school or school district that has earned a "Successful" rating shall be designated a "C" school or school district; a school or school district that has earned an "Academic Watch" rating shall be designated a "D" school or school district; a school or school district that has earned a "Low-Performing," "At-Risk of Failing" or "Failing" rating shall be designated an "F" school or school district. Effective with the implementation of any new curriculum and assessment standards, the State Board of Education, acting through the State Department of Education, is further authorized and directed to change the school and school district accreditation rating system to a simple "A," "B," "C," "D," and "F" designation based on a combination of student achievement scores and student growth as measured by the statewide testing programs developed by the State Board of Education pursuant to Chapter 16, Title 37, Mississippi Code of 1972. In any statute or regulation containing the former accreditation designations, the new designations shall be applicable;
(h) Development of a comprehensive student assessment system to implement these requirements; and
(i) The State Board of Education may, based on a written request that contains specific reasons for requesting a waiver from the school districts affected by Hurricane Katrina of 2005, hold harmless school districts from assignment of district and school level accountability ratings for the 2005-2006 school year. The State Board of Education upon finding an extreme hardship in the school district may grant the request. It is the intent of the Legislature that all school districts maintain the highest possible academic standards and instructional programs in all schools as required by law and the State Board of Education.
* * *
(5) (a) Effective with the 2013-2014 school year, the State Department of Education, acting through the Mississippi Commission on School Accreditation, shall revise and implement a single "A" through "F" school and school district accountability system complying with applicable federal and state requirements in order to reach the following educational goals:
(i) To mobilize resources and supplies to ensure that all students exit third grade reading on grade level;
(ii) To reduce the student dropout rate to thirteen percent (13%) by 2013; and
(iii) To attain the national average on applicable national assessments by 2013.
(b) The State Department of Education shall combine the state school and school district accountability system with the federal system in order to have a single system.
(c) The State Department of Education shall establish five (5) performance categories ("A," "B," "C," "D" and "F") for the accountability system based on the following criteria:
(i) Student Achievement: the percent of students proficient and advanced on the current state assessments;
(ii) Individual student growth: the percent of students making one (1) year's progress in one (1) year's time on the state assessment, with an emphasis on the progress of the lowest twenty-five percent (25%) of students in the school or district;
(iii) Four-year graduation rate: the percent of students graduating with a standard high school diploma in four (4) years, as defined by federal regulations;
(iv) Categories shall identify schools as Reward ("A" schools), Focus ("D" schools) and Priority ("F" schools). If at least five percent (5%) of schools in the state are not graded as "F" schools, the lowest five percent (5%) of school grade point designees will be identified as Priority schools. If at least ten percent (10%) of schools in the state are not graded as "D" schools, the lowest ten percent (10%) of school grade point designees will be identified as Focus schools;
(v) The State Department of Education shall discontinue the use of Star School, High-Performing, Successful, Academic Watch, Low-Performing, At-Risk of Failing and Failing school accountability designations;
(vi) The system shall include the federally compliant four-year graduation rate in school and school district accountability system calculations. Graduation rate will apply to high school and school district accountability ratings as a compensatory component. The system shall discontinue the use of the High School Completer Index (HSCI);
(vii) The school and school district accountability system shall incorporate a standards-based growth model, in order to support improvement of individual student learning;
(viii) The State Department of Education shall discontinue the use of the Quality Distribution Index (QDI);.
(ix) The State Department of Education shall determine feeder patterns, and notify schools and school districts prior to the release of the 2013 school grades. Feeder schools will be assigned the accountability designation of the schools to which they provide students;
(x) Standards for student, school and school district performance will be increased when student proficiency is at a seventy-five percent (75%) and/or when sixty-five percent (65%) of the schools and/or school districts are earning a grade of "B" or higher, in order to raise the standard on performance after targets are met.
( * * *6) Nothing in this section shall be
deemed to require a nonpublic school that receives no local, state or federal
funds for support to become accredited by the State Board of Education.
( * * *7) 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.
( * * *8) The State Board of Education shall
be specifically authorized and empowered to withhold 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.
( * * *9) Deleted.
( * * *10) 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 ( * * *15) 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 ( * * *15) of this section have been invoked.
( * * *11) 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 dropout 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: (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community. The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated. All corrective action plans shall be 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) Assign department personnel or contract, in its discretion, with the institutions of higher learning or other appropriate private entities with experience in the academic, finance and other operational functions of schools 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.
( * * *12) (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 the
affected school district to present evidence or other reasons why its
accreditation should not be withdrawn. Additionally, if the local school
district violates accreditation standards that have been determined by the
policies and procedures of the State Board of Education to be a basis for withdrawal
of school district's accreditation without a probationary period, the
Commission on School Accreditation shall conduct a hearing to allow the
affected school district to present evidence or other reasons why its
accreditation should not be withdrawn. After its consideration of the results
of the 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 that jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and that emergency situation is believed to be related to a serious violation or violations of accreditation standards or state or federal law, or when a school district meets the State Board of Education's definition of a failing school district for two (2) consecutive full school years, or if 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 the Governor to declare a state of emergency in that school district. For purposes of this paragraph, the 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 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. The 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, or in its discretion, contract with a private entity with
experience in the academic, finance and other operational functions of schools
and school districts, who will have those powers and duties prescribed in
subsection ( * * *15)
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 that 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 the 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 that 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 may take any action as prescribed in Section 37-17-13.
(d) At the time that 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.
(e) The parent or legal guardian of a school-age child who is enrolled in a school district whose accreditation has been withdrawn by the Commission on School Accreditation and without approval of that school district may file a petition in writing to a school district accredited by the Commission on School Accreditation for a legal transfer. The school district accredited by the Commission on School Accreditation may grant the transfer according to the procedures of Section 37-15-31(1)(b). In the event the accreditation of the student's home district is restored after a transfer has been approved, the student may continue to attend the transferee school district. The per-pupil amount of the adequate education program allotment, including the collective "add-on program" costs for the student's home school district shall be transferred monthly to the school district accredited by the Commission on School Accreditation that has granted the transfer of the school-age child.
(f) Upon the declaration of a state of emergency for any school district in which the Governor has previously declared a state of emergency, the State Board of Education may either (i) establish a conservatorship or (ii) abolish the school district and administratively consolidate the school district with one or more existing school districts or (iii) reduce the size of the district and administratively consolidate parts of the district, as determined by the State Board of Education; provided, however, that no school district which is not under conservatorship shall be required to accept additional territory over the objection of the district.
(g) There is established a Mississippi Recovery School District within the State Department of Education under the supervision of a deputy superintendent appointed by the State Superintendent of Public Education, who is subject to the approval by the State Board of Education. The Mississippi Recovery School District shall provide leadership and oversight of all school districts that are subject to state conservatorship, as defined in Chapters 17 and 18, Title 37, Mississippi Code of 1972, and shall have all the authority granted under these two (2) chapters. The Mississippi Department of Education, with the approval of the State Board of Education, shall develop policies for the operation and management of the Mississippi Recovery School District. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall be authorized to oversee the administration of the Mississippi Recovery School District, oversee conservators assigned by the State Board of Education to a local school district, hear appeals from school districts under conservatorship that would normally be filed by students, parents or employees and heard by a local school board, which hearings on appeal shall be conducted in a prompt and timely manner in the school district from which the appeal originated in order to ensure the ability of appellants, other parties and witnesses to appeal without undue burden of travel costs or loss of time from work, and perform other related duties as assigned by the State Superintendent of Public Education. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall determine, based on rigorous professional qualifications set by the State Board of Education, the appropriate individuals to be engaged to be conservators and financial advisors, if applicable, of all school districts subject to state conservatorship. After State Board of Education approval, these individuals shall be deemed independent contractors.
( * * *13) Upon the declaration of a state
of emergency in a school district under subsection ( * * *12) 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 the 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, the 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 that resulted in the termination of the state of emergency.
( * * *14) 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.
( * * *15) (a) Whenever the Governor declares
a state of emergency in a school district in response to a request made under
subsection ( * * *12)
of this section, the State Board of Education, in its discretion, may assign an
interim conservator to the school district, or in its discretion, may contract
with an appropriate private entity with experience in the academic, finance and
other operational functions of schools and school districts, 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 licensed and nonlicensed 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 that 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 funds other than adequate education program funds. The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's adequate education program funds.
At the time that the Governor, in accordance with 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 the district shall cease.
(b) In order to provide loans to school districts under a state of emergency or under conservatorship that 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. Funds in the School District Emergency Assistance Fund up to a maximum balance of Three Million Dollars ($3,000,000.00) annually shall not lapse but shall be available for expenditure in subsequent years subject to approval of the State Board of Education. Any amount in the fund in excess of Three Million Dollars ($3,000,000.00) at the end of the fiscal year shall lapse into the State General Fund or the Education Enhancement Fund, depending on the source of the fund.
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 or under conservatorship, in those
amounts, as determined by the board, that 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 School District Emergency Assistance Fund * * * 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 adequate education program funds in an
amount and manner that will effectuate repayment consistent with the terms of
the agreement; the funds withheld by the department shall be deposited into the
School District Emergency Assistance Fund.
The State Board of Education shall develop a protocol that will outline the performance standards and requisite time line deemed necessary for extreme emergency measures. 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. The 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.
( * * *16) If 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 the time as new board members are selected or the Governor
declares a state of emergency in that school district under subsection ( * * *12), whichever occurs first. In that
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 any action as prescribed in Section 37-17-13 and/or one or more of
the actions authorized in this section.
( * * *17) (a) If
the Governor declares a state of emergency in a school district, the State
Board of Education may take all such action pertaining to that school district
as is authorized under subsection ( * * *12) or ( * * *15) of Section 37-17-6, including the
appointment of an interim conservator. The State Board of Education shall also
have the authority to issue a written request with documentation to the
Governor asking that the office of the superintendent of the school district be
subject to recall. If the Governor declares that the office of the superintendent
of the school district is subject to recall, the local school board or the
county election commission, as the case may be, shall take the following
action:
(i) If the office of superintendent is an elected office, in those years in which there is no general election, the name shall be submitted by the State Board of Education to the county election commission, and the county election commission shall submit the question at a special election to the voters eligible to vote for the office of superintendent within the county, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Shall County Superintendent of Education ________ (here the name of the superintendent shall be inserted) of the ____________ (here the title of the school district shall be inserted) be retained in office? Yes _______ No _______"
If a majority of those voting on the question votes against retaining the superintendent in office, a vacancy shall exist which shall be filled in the manner provided by law; otherwise, the superintendent shall remain in office for the term of that office, and at the expiration of the term shall be eligible for qualification and election to another term or terms.
(ii) If the office of superintendent is an appointive office, the name of the superintendent shall be submitted by the president of the local school board at the next regular meeting of the school board for retention in office or dismissal from office. If a majority of the school board voting on the question vote against retaining the superintendent 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.
(b) The State Board of Education may issue a written request with documentation to the Governor asking that the membership of the school board of the school district shall be subject to recall. Whenever the Governor declares that the membership of the school board is subject to recall, the county election commission or the local governing authorities, as the case may be, shall take the following action:
(i) If the members of the local school board are elected to office, in those years in which the specific member's office is not up for election, the name of the school board member shall be submitted by the State Board of Education to the county election commission, and the county election commission at a special election shall submit the question to the voters eligible to vote for the particular member's office within the county or school district, as the case may be, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Members of the ______________ (here the title of the school district shall be inserted) School Board who are not up for election this year are subject to recall because of the school district's failure to meet critical accountability standards as defined in the letter of notification to the Governor from the State Board of Education. Shall the member of the school board representing this area, ____________ (here the name of the school board member holding the office shall be inserted), be retained in office? Yes _______ No _______"
If a majority of those voting on the question vote against retaining the member of the school board in office, a vacancy in that board member's office shall exist, which shall be filled in the manner provided by law; otherwise, the school board member shall remain in office for the term of that office, and at the expiration of the term of office, the member shall be eligible for qualification and election to another term or terms of office. However, if a majority of the school board members are recalled in the special election, the Governor shall authorize the board of supervisors of the county in which the school district is situated to appoint members to fill the offices of the members recalled. The board of supervisors shall make those appointments in the manner provided by law for filling vacancies on the school board, and the appointed members shall serve until the office is filled at the next regular special election or general election.
(ii) 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 those members may be reappointed.
(iii) If the local school board is comprised of both elected and appointed members, the elected members shall be subject to recall in the manner provided in subparagraph (i) of this subsection, and the appointed members shall be subject to recall in the manner provided in subparagraph (ii).
( * * *18) 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.
( * * *19) Before December 1, 1999, the
State Board of Education shall recommend a program to the Education Committees
of the House of Representatives and the Senate for identifying and rewarding
public schools that improve or are high performing. The program shall be
described by the board in a written report, which shall include criteria and a
process through which improving schools and high-performing schools will be
identified and rewarded.
The State Superintendent of Public Education and the State Board of Education also shall develop a comprehensive accountability plan to ensure that local school boards, superintendents, principals and teachers are held accountable for student achievement. A written report on the accountability plan shall be submitted to the Education Committees of both houses of the Legislature before December 1, 1999, with any necessary legislative recommendations.
( * * *20) Before January 1, 2008, the State
Board of Education shall evaluate and submit a recommendation to the Education
Committees of the House of Representatives and the Senate on inclusion of
graduation rate and dropout rate in the school level accountability system.
( * * *21) If a local school district is
determined as failing and placed into conservatorship for reasons authorized by
the provisions of this section, the conservator appointed to the district
shall, within forty-five (45) days after being appointed, present a detailed
and structured corrective action plan to move the local school district out of
conservatorship status to the local school board and local superintendent of
education if they have not been removed by the conservator, or if the board and
superintendent have been removed, to the local governing authority of the
municipality or county in which the school district under conservatorship is
located. A copy of the conservator's corrective action plan shall also be
filed with the State Board of Education.
SECTION 2. (1) Reading deficiency and parental notification. (a) It is the ultimate goal of the Legislature that every student read at or above grade level. Any student who exhibits a substantial deficiency in reading, based upon locally determined or statewide assessments conducted in Kindergarten, Grade 1, Grade 2 or Grade 3, or through teacher observations, must be given intensive reading instruction immediately following the identification of the reading deficiency. The student's reading proficiency must be reassessed by locally determined assessments or through teacher observations at the beginning of the grade following the intensive reading instruction. The student must continue to be provided with intensive reading instruction until the reading deficiency is remedied.
(b) Beginning with the 2014-2015 school year, if the student's reading deficiency, as identified in paragraph (a) of this subsection, is not remedied by the end of Grade 3, as demonstrated by scoring at Level 2 or higher on the Mississippi Curriculum Test Second Edition (MCT2) in reading for Grade 3, the student must be retained.
(c) The parent of any student who exhibits a substantial deficiency in reading, as described in paragraph (a) of this subsection, must be notified in writing of the following:
(i) That his or her child has been identified as having a substantial deficiency in reading;
(ii) A description of the current services that are provided to the child;
(iii) A description of the proposed supplemental instructional services and supports that will be provided to the child that are designed to remediate the identified area of reading deficiency;
(iv) That if the child's reading deficiency is not remediated by the end of Grade 3, the child must be retained unless he or she is exempt from mandatory retention for good cause;
(v) Strategies for parents to use in helping their child succeed in reading proficiency;
(vi) That the MCT2 is not the sole determiner of promotion and that additional evaluations, portfolio reviews, and assessments are available to the child to assist parents and the school district in knowing when a child is reading at or above grade level and ready for grade promotion; and
(vii) The school district's specific criteria and policies for mid-year promotion. Mid-year promotion means promotion of a retained student at any time during the year of retention once the student has demonstrated ability to read at grade level.
(2) Elimination of social promotion. (a) No student may be assigned to a grade level based solely on age or other factors that constitute social promotion.
(b) The district school board may only exempt students from mandatory retention, as provided in subsection (1)(b) of this section, for good cause. Good cause exemptions shall be limited to the following:
(i) Limited English proficient students who have had less than two (2) years of instruction in an English for Speakers of Other Languages program;
(ii) Students with disabilities whose Individual Education Plan (IEP) indicates that participation in the Statewide Assessment Program is not appropriate, consistent with the requirements of the State Board of Education rule;
(iii) Students who demonstrate an acceptable level of performance on an alternative standardized reading assessment approved by the State Board of Education.
(iv) Students who demonstrate, through a student portfolio, that the student is reading on grade level as evidenced by demonstration of mastery of the MCT2 in reading equal to at least a Level 2 performance;
(v) Students with disabilities who participate in the MCT2 and who have an Individual Education Plan or a Section 504 plan that reflects that the student has received intensive remediation in reading for more than two (2) years but still demonstrates a deficiency in reading and was previously retained in Kindergarten, Grade 1, Grade 2 or Grade 3;
(vi) Students who have received intensive remediation in reading for two (2) or more years but still demonstrate a deficiency in reading and who were previously retained in Kindergarten, Grade 1, Grade 2 or Grade 3 for a total of two (2) years. Intensive reading instruction for students so promoted must include an altered instructional day that includes specialized diagnostic information and specific reading strategies for each student. The district school board shall assist schools and teachers to implement reading strategies that research has shown to be successful in improving reading among low-performing readers.
(c) Requests for good cause exemptions for students from the mandatory retention requirement as described in paragraph (b)(iii) and (iv) of this subsection shall be made consistent with the following:
(i) Documentation shall be submitted from the student's teacher to the school principal that indicates that the promotion of the student is appropriate and is based upon the student's academic record. In order to minimize paperwork requirements, such documentation shall consist only of the existing progress monitoring plan, Individual Educational Plan, if applicable, report card, or student portfolio.
(ii) The school principal shall review and discuss such recommendation with the teacher and make the determination as to whether the student should be promoted or retained. If the school principal determines that the student should be promoted, the school principal shall make such recommendation in writing to the district school superintendent. The district school superintendent shall accept or reject the school principal's recommendation in writing.
(3) Successful progression for retained readers. (a) Students retained under the provisions of subsection (1)(b) of this section must be provided intensive interventions in reading to ameliorate the student's specific reading deficiency, as identified by a valid and reliable diagnostic assessment. This intensive intervention must include effective instructional strategies, participation in the school district's summer reading camp, and appropriate teaching methodologies necessary to assist those students in becoming successful readers, able to read at or above grade level, and ready for promotion to the next grade.
(b) Beginning with the 2014-2015 school year, each school district shall:
(i) Conduct a review of student progress monitoring plans for all students who did not score above Level 1 on the reading portion of the MCT2 and did not meet the criteria for one (1) of the good cause exemptions in subsection (2)(b) of this section. The review shall address additional supports and services, as described in this subsection, needed to remediate the identified areas of reading deficiency. The school district shall require a student portfolio to be completed for each such student.
(ii) Provide students who are retained under the provisions of subsection (1)(b) of this section with intensive instructional services and supports to remediate the identified areas of reading deficiency, including a minimum of ninety (90) minutes of daily, uninterrupted, scientifically research-based reading instruction and other strategies prescribed by the school district, which may include, but are not limited to:
1. Small group instruction.
2. Reduced teacher-student ratios.
3. More frequent progress monitoring.
4. Tutoring or mentoring.
5. Transition classes containing Grade 3 and Grade 4 students.
6. Extended school day, week or year.
7. Summer reading camps.
(c) Provide written notification to the parent of any student who is retained under the provisions of subsection (1)(b) of this section that his or her child has not met the proficiency level required for promotion and the reasons the child is not eligible for a good cause exemption as provided in subsection (2)(b) of this section. The notification must include a description of proposed interventions and supports that will be provided to the child to remediate the identified areas of reading deficiency.
(d) Implement a policy for the mid-year promotion of any student retained under the provisions of subsection (1)(b) of this section who can demonstrate that he or she is a successful and independent reader, reading at or above grade level, and ready to be promoted to Grade 4. Procedures that school districts may use in reevaluating any student retained may include subsequent assessments, alternative assessments and portfolio reviews, in accordance with rules of the State Board of Education. Students promoted during the school year after November 1 must demonstrate proficiency above that required to score at Level 2 on the Grade 3 MCT2, as determined by the State Board of Education. The State Board of Education shall adopt standards that provide a reasonable expectation that the student's progress is sufficient to master appropriate Grade 4 level reading skills.
(e) Provide students who are retained under the provisions of subsection (1)(b) of this section with a high-performing teacher as determined by student performance data and above-satisfactory performance appraisals.
(f) In addition to required reading enhancement and acceleration strategies, provide parents of students to be retained with at least one (1) of the following instructional options:
(i) Supplemental tutoring in scientifically research-based reading services in addition to the regular reading block, including tutoring before and/or after school.
(ii) A "Read-at-Home" plan outlined in a parental contract, including participation in "Families Building Better Readers Workshops" and regular parent-guided home reading.
(iii) A mentor or tutor with specialized reading training.
(g) Establish a Reading Enhancement and Acceleration Development (READ) Initiative. The focus of the READ Initiative shall be to prevent the retention of Grade 3 students and to offer intensive accelerated reading instruction to Grade 3 students who failed to meet standards for promotion to Grade 4 and to each K-3 student who is assessed as exhibiting a reading deficiency. The READ Initiative shall:
(i) Be provided to all K-3 students at risk of retention as identified by the MCT2 used in READ initiative schools. The assessment must measure phonemic awareness, phonics, fluency, vocabulary and comprehension.
(ii) Be provided during regular school hours in addition to the regular reading instruction.
(iii) Provide a state-identified reading curriculum that has been reviewed by the State Department of Education and meets, at a minimum, the following specifications:
1. Assists students assessed as exhibiting a reading deficiency in developing the ability to read at grade level.
2. Provides skill development in phonemic awareness, phonics, fluency, vocabulary and comprehension.
3. Provides scientifically based and reliable assessment.
4. Provides initial and ongoing analysis of each student's reading progress.
5. Is implemented during regular school hours.
6. Provides a curriculum in core academic subjects to assist the student in maintaining or meeting proficiency levels for the appropriate grand in all academic subjects.
(h) Establish at each school, where applicable, an Intensive Acceleration Class for retained Grade 3 students who subsequently score at Level 1 on the reading portion of the MCT2. The focus of the Intensive Acceleration Class shall be to increase a child's reading level at least two (2) grade levels in one (1) school year. The Intensive Acceleration Class shall:
(i) Be provided to any student in Grade 3 who scores at Level 1 on the reading portion of the Statewide Assessment Test and who was retained in Grade 3 the prior year because of scoring at Level 1 on the reading portion of the MCT2.
(ii) Have a reduced teacher-student ratio.
(iii) Provide uninterrupted reading instruction for the majority of student contact time each day and incorporate opportunities to master the Grade 4 state standards in other core subject areas.
(iv) Use a reading program that is scientifically research-based and has proven results in accelerating student reading achievement within the same school year.
(v) Provide intensive language and vocabulary instruction using a scientifically research-based program, including use of a speech-language therapist.
(vi) Include weekly progress monitoring measures to ensure progress is being made.
(vii) Report to the Department of Education, in the manner described by the department, the progress of students in the class at the end of the first semester.
(i) Report to the State Board of Education, as requested, on the specific intensive reading interventions and supports implemented at the school district level. The State Superintendant of Education shall annually prescribe the required components of requested reports.
(j) Provide a student who has been retained in Grade 3 and has received intensive instructional services but is still not ready for grade promotion, as determined by the school district, the option of being placed in a transitional instructional setting. Such setting shall specifically be designed to produce learning gains sufficient to meet Grade 4 performance standards while continuing to remediate the areas of reading deficiency.
(4) Annual report. (a) In addition to the requirements in subsection (1)(b) of this section, each district school board must annually report to the parent of each student the progress of the student toward achieving state and district expectations for proficiency in reading, writing, science and mathematics. The district school board must report to the parent the student's results on each MCT2 test. The evaluation of each student's progress must be based upon the student's classroom work, observations, tests, district and state assessments, and other relevant information. Progress reporting must be provided to the parent in writing in a format adopted by the district school board.
(b) Each district school board must annually publish in the local newspaper, and report in writing to the State Board of Education by September 1 of each year, the following information on the prior school year:
(i) The provisions of this section relating to public school student progression and the district school board's policies and procedures on student retention and promotion.
(ii) By grade, the number and percentage of all students in Grades 3 through 10 performing at Levels 1 and 2 on the reading portion of the MCT2.
(iii) By grade, the number and percentage of all students retained in Grades 3 through 10.
(iv) Information on the total number of students who were promoted for good cause, by each category of good cause as specified in subsection (2)(b) of this section.
(v) Any revisions to the district school board's policy on student retention and promotion from the prior year.
(c) The State Department of Education shall establish a uniform format for school districts to report the information required in subsection (b) of this section. The format shall be developed with input from district school boards and shall be provided not later than ninety (90) days prior to the annual due date. The department shall annually compile the information required in paragraph (b)(ii) (iii) and (iv) of this subsection, along with state-level summary information, and report such information to the Governor and the Chairmen of the Senate and House Education Committees.
(5) State board authority and responsibilities. (a) The State Board of Education shall have authority and is directed to enforce this section.
(b) The State Board of Education shall adopt rules for the administration of this section.
(6) Technical assistance. The State Department of Education shall provide technical assistance and in-service training as needed to aid district school boards in administering this section.
SECTION 3. Section 37-16-7, Mississippi Code of 1972, is amended as follows:
37-16-7. (1) Each district school board shall establish standards for graduation from its schools which shall include as a minimum:
(a) Mastery of minimum academic skills as measured by assessments developed and administered by the State Board of Education.
(b) Completion of a minimum number of academic credits, and all other applicable requirements prescribed by the district school board.
(2) A student who meets all requirements prescribed in subsection (1) of this section shall be awarded a standard diploma in a form prescribed by the state board.
(3) The State Board of Education may establish student proficiency standards for promotion to grade levels leading to graduation, subject to the provisions of Section 1 of this act relating to student reading deficiency and retention in the Third Grade.
SECTION 4. Section 37-13-10, Mississippi Code of 1972, which provides for a Reading Sufficiency Program of Instruction and components thereof, is hereby repealed.
SECTION 5. This act shall take effect and be in force from and after July 1, 2013.