MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education
By: Representative Busby
AN ACT TO AMEND SECTION 37-28-47, MISSISSIPPI CODE OF 1972, TO REQUIRE A CHARTER SCHOOL TEACHER TO POSSESS A TEACHING LICENSE ISSUED BY THE MISSISSIPPI COMMISSION ON TEACHER AND ADMINISTRATOR EDUCATION, CERTIFICATION AND LICENSURE AND DEVELOPMENT WITHIN THREE YEARS OF THE TEACHER'S INITIAL EMPLOYMENT WITH THE CHARTER SCHOOL; TO AMEND SECTION 37-28-7, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD BE AN ATTORNEY; TO AMEND SECTION 37-28-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-28-47, Mississippi Code of 1972, is amended as follows:
37-28-47. (1) (a) Charter
schools must comply with applicable federal laws, rules and regulations
regarding the qualification of teachers and other instructional staff. No more
than twenty-five percent (25%) of teachers in a charter school may be exempt
from state teacher licensure requirements * * *.
Administrators of charter schools are exempt from state administrator licensure
requirements. However, teachers and administrators must have a bachelor's
degree as a minimum requirement, and teachers must have demonstrated subject-matter
competency. Within three (3) years of the date of a teacher's initial * * * employment with a
charter school, the teacher must have, at a minimum, alternative licensure
approved by the Commission on Teacher and Administrator Education,
Certification and Licensure and Development.
(b) A charter school may not staff positions for teachers, administrators, ancillary support personnel or other employees by utilizing or otherwise relying on nonimmigrant foreign worker visa programs. However, a charter school may submit a request to the authorizer for an exception allowing the employment of a nonimmigrant foreign worker before the worker is employed. The authorizer may grant permission for the employment of the nonimmigrant foreign worker only if the charter school makes a satisfactory showing of efforts to recruit lawful permanent residents of the United States to fill the position and a lack of qualified applicants to fill the position.
(2) Employees in charter schools must have the same general rights and privileges as other public school employees, except such employees are not:
(a) Covered under the Education Employment Procedures Law (Section 37-9-103);
(b) Subject to the state salary requirements prescribed in Section 37-19-7; and
(c) Members of the Public Employees' Retirement System.
(3) Employees in charter schools are eligible for participation in retirement and other benefits programs in which the charter school chooses to make available to its employees.
SECTION 2. Section 37-28-7, Mississippi Code of 1972, is amended as follows:
37-28-7. (1) There is created the Mississippi Charter School Authorizer Board as a state agency with exclusive chartering jurisdiction in the State of Mississippi. Unless otherwise authorized by law, no other governmental agency or entity may assume any charter authorizing function or duty in any form.
(2) (a) The mission of the Mississippi Charter School Authorizer Board is to authorize high-quality charter schools, particularly schools designed to expand opportunities for underserved students, consistent with the purposes of this chapter. Subject to the restrictions and conditions prescribed in this subsection, the Mississippi Charter School Authorizer Board may authorize charter schools within the geographical boundaries of any school district.
(b) The Mississippi Charter School Authorizer Board may approve a maximum of fifteen (15) qualified charter applications during a fiscal year.
(c) In any school district designated as an "A," "B" or "C" school district by the State Board of Education under the accreditation rating system, the Mississippi Charter School Authorizer Board may authorize charter schools only if a majority of the members of the local school board votes at a public meeting to endorse the application or to initiate the application on its own initiative.
(3) The Mississippi Charter School Authorizer Board shall consist of seven (7) members, to be appointed as follows:
(a) Three (3) members appointed by the Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
(b) Three (3) members appointed by the Lieutenant Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
(c) One (1) member appointed by the State Superintendent of Public Education.
All appointments must be made with the advice and consent of the Senate. In making the appointments, the appointing authority shall ensure diversity among members of the Mississippi Charter School Authorizer Board.
(4) Members appointed to the Mississippi Charter School Authorizer Board collectively must possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, assessment, curriculum and instruction, and public education law. Each member of the Mississippi Charter School Authorizer Board must have demonstrated an understanding of and commitment to charter schooling as a strategy for strengthening public education.
(5) To establish staggered terms of office, the initial term of office for the three (3) Mississippi Charter School Authorizer Board members appointed by the Governor shall be four (4) years and thereafter shall be three (3) years; the initial term of office for the three (3) members appointed by the Lieutenant Governor shall be three (3) years and thereafter shall be three (3) years; and the initial term of office for the member appointed by the State Superintendent of Public Education shall be two (2) years and thereafter shall be three (3) years. No member may serve more than two (2) consecutive terms. The initial appointments must be made before September 1, 2013.
(6) The Mississippi Charter School Authorizer Board shall meet as soon as practical after September 1, 2013, upon the call of the Governor, and shall organize for business by selecting a chairman and adopting bylaws. Subsequent meetings shall be called by the chairman.
(7) An individual member of the Mississippi Charter School Authorizer Board may be removed by the board if the member's personal incapacity renders the member incapable or unfit to discharge the duties of the office or if the member is absent from a number of meetings of the board, as determined and specified by the board in its bylaws. Whenever a vacancy on the Mississippi Charter School Authorizer Board exists, the original appointing authority shall appoint a member for the remaining portion of the term.
(8) No member of the Mississippi Charter School Authorizer Board or employee, agent or representative of the board may serve simultaneously as an employee, trustee, agent, representative, vendor or contractor of a charter school authorized by the board.
(9) The Mississippi Charter
School Authorizer Board shall appoint an individual to serve as the executive
director * * * of the board. In addition to possessing the qualifications
established by the board which are based on national best practices, the
executive director * * * must possess * * *
a general knowledge of state and federal education law. The executive
director * * *, who shall serve at the
will and pleasure of the board, shall devote his full time to the proper
administration of the board and the duties assigned to him by the board and
shall be paid a salary established by the board, subject to the approval of the
State Personnel Board. Subject to the availability of funding, the executive
director * * * may employ such
administrative staff as may be necessary to assist the director and board in
carrying out the duties and directives of the Mississippi Charter School
Authorizer Board.
(10) The Mississippi Charter School Authorizer Board shall be located, for administrative purposes, within the offices of the State Institutions of Higher Learning, which shall provide meeting space and clerical support for the board.
SECTION 3. Section 37-28-9, Mississippi Code of 1972, is amended as follows:
37-28-9. (1) The authorizer is responsible for exercising, in accordance with this chapter, the following powers and duties:
(a) Developing chartering policies and maintaining practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including:
(i) Organizational capacity and infrastructure;
(ii) Solicitation and evaluation of charter applications;
(iii) Performance contracting;
(iv) Ongoing charter school oversight and evaluation; and
(v) Charter renewal decision-making;
(b) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(c) Declining to approve weak or inadequate charter applications;
(d) Negotiating and executing charter contracts with approved charter schools;
(e) Monitoring, in accordance with charter contract terms, the performance and legal compliance of charter schools;
(f) Determining whether each charter contract merits renewal, nonrenewal or revocation; and
(g) Applying for any federal funds that may be available for the implementation of charter school programs.
(2) The authorizer shall carry out all its duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this act.
(3) The authorizer may
delegate its duties to the executive director * * *.
(4) Regulation by the authorizer shall be limited to those powers and duties prescribed in this section and all others prescribed by law, consistent with the spirit and intent of this chapter.
(5) Except in the case of gross negligence or reckless disregard of the safety and well-being of another person, the authorizer, members of the authorizer board in their official capacity, and employees of the authorizer in their official capacity are immune from civil liability with respect to all activities related to a charter school approved by the authorizer.
SECTION 4. This act shall take effect and be in force from and after July 1, 2014.