MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Education; Appropriations
By: Representative Whittington
AN ACT TO ESTABLISH THE UNIFORM PROTOCOL AND PROCEDURE TO BE USED IN ADMINISTRATIVE PROCEEDINGS CONDUCTED BY THE STATE BOARD OF EDUCATION REGARDING THE ACCREDITATION OF SCHOOL DISTRICT SUBJECT TO PROBATION OR WITHDRAWAL OF ACCREDITATION FOR DEFICIENCIES IN ACADEMIC ACCOUNTABILITY OR LACK OF FINANCIAL RESOURCES WHICH PLACES THE EDUCATIONAL INTERESTS OF THE ENROLLED STUDENT POPULATION IN JEOPARDY; TO AMEND SECTION 37-17-5, MISSISSIPPI CODE OF 1972, TO REVISE THE GENERAL DUTIES OF THE COMMISSION ON SCHOOL ACCREDITATION WITH REGARD TO ADMINISTRATIVE HEARINGS AND APPEALS; TO PROVIDE A TIMELINE BY WHICH THE DULY AUTHORIZED INDEPENDENT REPRESENTATIVE SELECTED BY THE COMMISSION TO SERVE AS REVIEWING OFFICER AND THE SCHOOL DISTRICT OF CONTROVERSY MUST ABIDE, WITH REGARD TO THE TIME ALLOTTED FOR THE FULL DISCLOSURE OF INFORMATION DISCOVERED IN AN ACCREDITATION AUDIT AND THE TIME ALLOTTED FOR THE SCHOOL DISTRICT OF CONTROVERSY TO RESPOND AND REQUEST A HEARING; TO PROVIDE THAT THE REVIEWING OFFICER SHALL MAKE A RECOMMENDATION TO THE COMMISSION FOR RESOLUTION OF THE CONTROVERSY BASED ON THE ACCREDITATION AUDIT, THE DOCUMENTS PROVIDED BY THE PARTIES AND THE SWORN STATEMENTS OF THOSE PERSONS REPRESENTING THE DISTRICT AND PERSONNEL OF THE COMMISSION WHO PARTICIPATED IN THE ACCREDITATION AUDIT PROCESS; TO PRESCRIBE THE TIMELINE BY WHICH THE COMMISSION IS REQUIRED TO FULLY DISCLOSE TO THE SUPERINTENDENT OF SCHOOLS FOR THE SCHOOL DISTRICT AND THE LOCAL SCHOOL BOARD THE FINDINGS OF THE ACCREDITATION AUDIT WHEN THE COMMISSION IS REQUIRED TO MAKE A DETERMINATION AS TO WITHDRAWAL OF ACCREDITATION OR A STATE OF EMERGENCY BEING DECLARED; TO PROVIDE FOR A PROCESS BY WHICH EITHER THE SCHOOL DISTRICT OF CONTROVERSY OR THE STATE DEPARTMENT OF EDUCATION MAY APPEAL THE DECISION OF THE STATE BOARD OF EDUCATION TO THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY, MISSISSIPPI, AND SUBSEQUENTLY TO THE MISSISSIPPI SUPREME COURT IN ACCORDANCE WITH THE EXISTING LAWS AND RULES AFFECTING SUCH APPEALS; TO AUTHORIZE THE IMMEDIATE WITHDRAWAL OF ACCREDITATION BEFORE NOTICE OR A HEARING IS PROVIDED TO A SCHOOL DISTRICT IN CONTROVERSY UPON A DETERMINATION BY THE STATE BOARD OF EDUCATION AND THE COMMISSION ON SCHOOL ACCREDITATION THAT AN EXTREME EMERGENCY SITUATION EXISTS, OR IS IMMINENT, IN A SCHOOL DISTRICT THAT JEOPARDIZES THE SAFETY, SECURITY OR EDUCATIONAL INTERESTS OF THE CHILDREN ENROLLED IN THE SCHOOLS IN THAT DISTRICT; TO PROVIDE THAT THE IMMEDIATE WITHDRAWAL ACCREDITATION IN INSTANCES THAT AN EXTREME STATE OF EMERGENCY SHALL RESULT IN THE IMPOSITION OF ANY AND ALL PENALTIES ASSOCIATED WITH A "WITHDRAWN NOT ACCREDITED" STATUS; TO PRESCRIBE THE MANNER BY WHICH NOTICE OF WITHDRAWAL OF ACCREDITATION MUST BE PROVIDED TO THE SCHOOL DISTRICT OF CONTROVERSY AND THE PROCEDURES TO BE FOLLOWED BY THE SCHOOL DISTRICT TO REQUEST AN INFORMAL HEARING; TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ACCREDITATION AUDIT UNIT OF THE COMMISSION ON SCHOOL ACCREDITATION SHALL BE SOLELY RESPONSIBLE FOR THE EVALUATION AND ASSESSMENTS OF SCHOOLS AND SCHOOL DISTRICTS' ACADEMIC PERFORMANCE AND ACCOUNTABILITY FOR PURPOSES OF DETERMINING AND ASSIGNING ANNUAL PERFORMANCE CLASSIFICATIONS, AS DETERMINED BY ACHIEVEMENT, GROWTH AND GRADUATION RATE OR HIGH SCHOOL COMPLETION INDEX; TO PROVIDE THAT THE AUDITS OF ALL FUNDS AND FUNDING SOURCES, FEDERAL, STATE AND LOCAL CONTRIBUTIONS, ALLOCATED TO SCHOOL DISTRICTS FUNDS SHALL BE PERFORMED BY THE STATE DEPARTMENT OF AUDIT AND REPORTED TO THE COMMISSION ON SCHOOL ACCREDITATION AS A BASIS FOR DETERMINING WHETHER A DISTRICT'S ACCREDITATION STATUS SHALL BE REVIEWED OR WITHDRAWN, OR WHETHER AN EXTREME EMERGENCY SITUATION EXISTS; TO REVISE THE PROCESS BY WHICH A SCHOOL DISTRICT IS EVALUATED BEFORE A STATE OF EMERGENCY MAY BE DECLARED BY THE GOVERNOR FOR THE DISTRICT'S LACK OF FINANCIAL RESOURCES; TO PROVIDE THAT IF DURING AN ACADEMIC ACCREDITATION AUDIT THE COMMISSION ON SCHOOL ACCREDITATION BECOMES REASONABLY SUSPICIOUS OF A SCHOOL DISTRICT'S IMPAIRMENTS RELATED TO THE LACK OF FINANCIAL RESOURCES, IT SHALL FIRST REPORT SUCH SUSPICION TO THE STATE AUDITOR, WHO SHALL CONDUCT A COMPLETE PROBABLE CAUSE AUDIT OF THE DISTRICT'S FUNDS AND FUNDING SOURCES WITHIN FIFTEEN DAYS OF RECEIVING THE REPORT OF SUSPICION, AND REPORT ALL FINDINGS TO THE STATE BOARD OF EDUCATION; TO PRESCRIBE THE MANNER BY WHICH THE STATE BOARD OF EDUCATION SHALL BE REQUIRED TO PUBLISH NOTICE OF REVISIONS TO ANY REGULATIONS AFFECTING THE PUBLIC SCHOOLS OF THIS STATE REGARDING CURRICULUM, ACCREDITATION AND ACCOUNTABILITY STANDARDS; TO PRESCRIBE THE MINIMUM SPECIFICATIONS OF FONT TYPE AND FONT SIZE TO USED IN THE NOTICE AND THE PLACEMENT OF SUCH NOTICE IN THE NEWSPAPER OF PUBLICATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Mississippi Legislature finds all of the following:
(1) A fundamental goal of the citizens of the State of Mississippi, as expressed in Article 8, Section 201 of the Mississippi Constitution, is the access to a free public education as established, maintained and supported upon the conditions and limitations prescribed by the Legislature.
(2) Sound school board governance, academic achievement and sound financial structure are essential to the continued operation of any school system. It is vital to commercial, education, and cultural interests that public school remain in operation. To achieve that goal, public school systems must have effective leadership.
(3) To promote the sound operation of districts, as defined in this section, it may be necessary to provide for the creation of an equitable administrative procedures process to afford each school district reasonable time to prepare an adequate response and school improvement plan to the fact findings of the Commission on School Accreditation's investigation of the school district as evidentiary material of the district's ability to provide sound governance, sound academic planning and sound fiscal management, and to ensure the continued operation of the public school under local control.
(4) It is the purpose of this section to provide for a sound basis for the continued operation of public schools. The intention of the Mississippi Legislature, in creating this act, is to establish procedures, provide powers and impose restrictions to ensure the educational integrity of all public school districts are maintained.
SECTION 2. Section 37-17-5, Mississippi Code of 1972, is amended as follows:
37-17-5. (1) (a) It shall be the purpose of the Commission on School Accreditation to continually review the standards on accreditation and the enforcement thereof and to make recommendations thereon to the State Board of Education. An appropriate member of the staff of the State Department of Education shall be designated by the State Superintendent of Public Education to serve as executive secretary of the commission.
(b) When controversies in accreditation standards for a school district are discovered, the commission shall appoint a duly authorized independent representative to act as reviewing officer, who shall have thirty (30) days to deliver to the school district of controversy, by personal service or by certified mail, a copy of the accreditation audit fully disclosing its findings and any supporting documents, along with a summons requiring the district to respond to the findings within forty-five (45) days after service of the summons and the findings of the accreditation audit. The school district shall file with the commission a written response to the findings of the accreditation audit and any supporting documents within the forty-five-day period.
(c) All
controversies involving the accreditation of schools shall be initially heard
by a duly authorized independent representative of the commission before
whom a complete record shall be made. After the conclusion of the hearing, the
duly authorized independent representative of the commission shall make
a recommendation to the commission as to the resolution of the controversies based
on the accreditation audit, the documents provided by the parties and the sworn
statements of those persons representing the district and personnel of the
commission who participated in the accreditation audit process * * *. The commission, after
considering the transcribed record and the recommendation of its representative,
shall make its decision which becomes final unless the local school board of
the school district involved shall appeal to the State Board of Education,
which appeal shall be on the record previously made before the commission's
representative except as may be provided by rules and regulations adopted by
the State Board of Education. Such rules and regulations may provide for the
submission of new factual evidence. The commission shall select a competent
and qualified court reporter to record and transcribe all hearings held before
its duly authorized independent representative whose fees and costs of
transcription shall be paid by the school district of controversy within forty-five
(45) days after having been notified of such costs and fees by the commission.
(2) In all instances in which the Commission on School Accreditation is required to make a determination as to the accreditation status of a school district for which the recommendation is made to withdraw accreditation or declare a state of emergency, the commission shall fully disclose to the superintendent of schools for the school district and the local school board the findings of the accreditation audit not more than thirty (30) days after the audit is completed. Upon receipt of the commission's findings, the superintendent and the board of the local school district shall have forty-five (45) days to respond to the commission's finding by requesting a formal hearing on the district's accreditation, which shall include the district's corrective action plan for mitigating the deficiencies cited in the commission's report. However, in instances of an extreme state of emergency being declared as prescribed under Section 37-17-6 (12)(a) or (b), the commission shall fully disclose the findings of the accreditation audit to the school district not more than fifteen (15) days after the audit is completed, and the school district shall have not more than twenty (20) days to respond to the commission's findings.
(3) Either the school district of controversy or the State Department of Education may appeal the decision of the reviewing officer of the commission by filing a notice of appeal with the State Board of Education within thirty (30) days of receipt of the commission's decision. If no appeal is taken from the order of the reviewing officer within the allotted time, the order shall then become final. In the event of an appeal, the State Board of Education, or its designee, shall conduct a full evidentiary hearing relative to the academic or financial deficiencies of the school district of controversy as reported by the Commission on School Accreditation as a result of an accreditation audit, or a school finance audit performed by the Office of the State Auditor and reported to the commission. The State Board of Education may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded by a competent and qualified court reporter. The State Board of Education shall have all the powers of the reviewing officer described herein, and the state board may affirm, reverse or modify the order of the commission based on the recommendation of the reviewing officer. The state board's decision shall be in writing, and it shall be delivered to the parties in the same manner that the summons and copy of the accreditation audit findings may be served upon the accused.
(4) Either the school
district of controversy or the State Department of Education may appeal the
decision of * * * the State Board of Education * * * to
the Circuit Court of the First Judicial District of Hinds County, Mississippi * * *, to which the obligation to have the
record transcribed and filed shall be paid by the school
district * * *
of controversy. The appeal shall otherwise be governed by all
applicable laws and rules affecting appeals to the circuit court. If no appeal
is perfected within the required time, the decision of the State Board of
Education shall then become final.
(5) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing laws and rules affecting such appeals.
(6) When the State Board of Education and the Commission on School Accreditation determine that an extreme emergency situation exists, or is imminent, in a school district that jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district, and such emergency situation is believed to be related to a serious violation or violations of accreditation standards or state and federal law, the commission may withdraw the districts' accreditation to be effective immediately, before notice and a hearing, that imposes any or all of the penalties associated with a "Withdrawn Not Accredited" status against the school district of controversy. The notice of withdrawal of accreditation shall be served upon the school district of controversy in the same manner that the summons and copy of the accreditation audit may be served as provided in subsection (3). The school district of controversy shall then have thirty (30) days after service of the notice within which to request an informal administrative review before the duly authorized independent reviewing officer of the commission, as described in this section. The school district shall include within its request all documents that support its position. The commission may also submit any documents that support its position. If the school district makes such a request within such time, the duly authorized independent reviewing officer, shall review the documents provided by the parties and render a written decision within thirty (30) days after such request is made. Upon the making of such a request, the procedure described in this section shall be followed, except that there is no need for a complaint to be filed against the school district of controversy. If the school district of controversy does not request an administrative review within such time frame, then it shall have waived its right to an administrative review.
SECTION 3. Section 37-17-6, Mississippi Code of 1972, is amended as follows:
37-17-6. (1) The State Board of Education, acting through the Commission on School Accreditation, shall establish and implement a permanent performance-based accreditation system, and all noncharter 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 noncharter public 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 by 2015;
(ii) To reduce the student dropout rate to thirteen percent (13%) by 2015; and
(iii) To have sixty percent (60%) of students scoring proficient and advanced on the assessments of the Common Core State Standards by 2016 with incremental increases of three percent (3%) each year thereafter.
(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 of schools that do not earn a school grade because the grades and subjects taught at the school do not have statewide standardized assessments needed to calculate a school grade. Upon determination of the feeder pattern, the department shall notify schools and school districts prior to the release of the school grades beginning in 2013. Feeder schools will be assigned the accountability designation of the school 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. The accreditation audit unit shall be solely responsible for the evaluation and assessments of schools and school districts' academic performance and accountability for purposes of determining and assigning annual performance classifications, as determined by achievement, growth and graduation rate or high school completion index. Audits of all funds and funding sources, federal, state and local contributions, allocated to school districts' funds shall be performed by the State Department of Audit, and shall be reported to the Commission on School Accreditation as a basis for determining whether a district's accreditation status shall be reviewed or withdrawn, or whether an extreme emergency situation exists which serves as a basis of the commission offering a recommendation to the board that a state of emergency be declared due to a lack of financial resources, as prescribed in subsection (12)(b) of this section.
(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) (i) 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.
(ii) Before the Commission on School Accreditation shall make a recommendation to the State Board of Education that a state of emergency be declared by the Governor, the State Auditor shall present the findings of its audit of the school district subject to a declaration of emergency which details the severity of the district's impairments related to the substantial lack of financial resources. If the Commission on School Accreditation becomes reasonably suspicious of a school district's impairments related to the lack of financial resources while conducting an academic accreditation audit, it shall first report such suspicion to the State Auditor, who shall, within fifteen (15) days of receipt of the allegation, conduct a complete probable cause audit of the district's funds and funding sources, and report all findings to the State Board of Education as required in subparagraph (i) of this paragraph (b).
(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 this section, 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 * * *
paragraph (b), 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 4. The State Board of Education, acting through the State Superintendent of Public Education and the State Department of Education, shall require notice of revisions to any regulations affecting the public schools of the state regarding curriculum, accreditation and accoutability standards and the open period of public comment to be published at least two (2) days per week for at least thirty (30) consecutive days, in a newspaper having general circulation throughout each county in the state and, in addition, by posting a copy of such proposed regulatory revision for at least thirty (30) days at three (3) public places in each county, one (1) such place being the county courthouse, as well as being displayed on the department's website. The notice published in a newspaper of general circulation statewide shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The first publication of the notice shall be made not less than forty-five (45) days before the date fixed for the closing of the public comment period, and the last publication shall be made not more than three (3) days before that date.
SECTION 5. This act shall take effect and be in force from and after its passage.