MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Performance Based Budgeting
By: Representatives Frierson, Dixon, Bennett
AN ACT TO PROVIDE THAT ANY EDUCATIONAL REPORT REQUIRED OF SCHOOL DISTRICTS TO BE FILED BY OR SUBMITTED TO THE STATE BOARD OF EDUCATION OR STATE DEPARTMENT OF EDUCATION SHALL ALSO BE SUBMITTED TO THE JOINT LEGISLATIVE COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER) AT THE SAME TIME THAT SUCH REPORTS ARE TO BE FILED BY OR SUBMITTED TO THE BOARD OR THE DEPARTMENT; TO REQUIRE THE PEER COMMITTEE STAFF TO REVIEW AND EVALUATE EACH REPORT TO DETERMINE THAT EACH SCHOOL DISTRICT'S CURRICULUMS AND PROGRAMS ARE STRUCTURED TO PROVIDE EVIDENCED-BASED AND RESEARCH-BASED INSTRUCTION AND INTERVENTION AND BEST PRACTICES; TO REQUIRE THE PEER COMMITTEE STAFF TO DEFINE THE TERMS "EVIDENCED-BASED PROGRAMS" AND "RESEARCH-BASED PROGRAMS" IN ESTABLISHING ITS STANDARD OF REVIEW AND EVALUATION; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE ADDITIONAL DOCUMENTATION WITH THE REPORT TO SERVE AS EVIDENCE IDENTIFYING AND VERIFYING THE PROGRAMS USED IN THE DISTRICT'S CURRICULUM AS EVIDENCE BASED AND RESEARCH BASED; TO REQUIRE THE PEER COMMITTEE STAFF TO ESTABLISH AN INDEPENDENT RUBRIC TO ASSESS SCHOOL DISTRICTS' PROGRAMS OF INSTRUCTION AND INTERVENTION AS EVIDENCE BASED AND/OR RESEARCH BASED; TO REQUIRE THAT ALL PROGRAMS OF INSTRUCTION AND INTERVENTION OFFERED THROUGH THE CURRICULUM OF PUBLIC SCHOOLS BE EVIDENCE BASED, AS DETERMINED BY THE APPROVAL OF THE PEER COMMITTEE STAFF BY THE YEAR 2021, AS INDICATED BY THE START OF THE 2021-2022 SCHOOL TERM; TO PRESCRIBE A 21-DAY REVIEW AND CATEGORIZATION PROCESS OF REPORTS RECEIVED BY THE PEER COMMITTEE STAFF; TO REQUIRE THE PEER COMMITTEE STAFF TO TRANSMIT ITS CATEGORIZATION OF INFORMATION TO THE HOUSE AND SENATE EDUCATION COMMITTEE CHAIRMEN AND HOUSE AND SENATE APPROPRIATIONS CHAIRMEN AS AN "EVIDENCE-BASED ASSESSMENT NOTE"; TO PROVIDE THAT THE ASSESSMENT NOTE SHALL BE CONSIDERED IN ALLOCATING FUNDS TO DISTRICTS UNDER THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT AND PROVIDE EVIDENCE-BASED PROGRAMS IN THE CURRICULUM STANDARDS FOR SCHOOLS; TO WITHHOLD MAEP FUNDING FROM ANY SCHOOL DISTRICT THAT FAILS TO IMPLEMENT EVIDENCE-BASED AND/OR RESEARCH-BASED PROGRAMS OF INSTRUCTION AND INTERVENTION IN ALL COMPONENT AREAS OF ITS CURRICULUM BY 2021 UNTIL SUCH DISTRICT COMES INTO COMPLIANCE; TO AMEND SECTIONS 37-1-11, 37-1-12, 37-3-8, 37-3-53, 37-3-71, 37-3-85, 37-6-13, 37-7-346, 37-7-1001, 37-9-14, 37-9-33, 37-13-41, 37-13-60.1, 37-13-92, 37-13-131, 37-13-134.1, 37-13-193, 37-15-4, 37-15-8, 37-16-9, 37-17-6, 37-17-12, 37-21-9, 37-21-11, 37-22-25, 37-23-1, 37-23-147, 37-23-148, 37-27-25, 37-27-79, 37-28-31, 37-31-111, 37-37-3, 37-37-9, 37-43-51, 37-106-55, 37-131-11, 37-151-9, 37-151-97, 37-161-5, 37-173-19, 37-175-19 AND 37-177-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO BRING FORWARD SECTIONS 37-3-11, 37-20-9, 37-21-51, 37-23-15, 37-28-37 AND 37-151-10, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that, in order to promote the increased use of evidence-based and research-based instruction and intervention programs and best practices as the basis for solutions critical to public education, a uniform and systematic reporting process is essential to the refinement of or to the development and implementation of educational programs that promote student achievement in every academic discipline across the curriculum standards adopted by local school districts.
SECTION 2. (a) Any report required to be filed by or submitted to the State Department of Education or State Board of Education under the provisions of Title 37, Mississippi Code of 1972, shall also be submitted to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) at the same time that such reports are to be filed by or submitted to the State Department of Education or State Board of Education.
(b) Each school district shall submit an inventory of all instruction and intervention programs offered in each school to the Joint legislative Committee on Performance Evaluation and Expenditure Review (PEER) no later than July 15 of each year. PEER staff is responsible for establishing all of the data elements that shall be included in the instruction and intervention program inventory report. PEER Committee staff shall review and evaluate each instruction and intervention program inventory report to determine that each school district's curriculums and programs are structured to provide evidenced-based and research-based instruction and intervention and best practices. In establishing its standard of review and evaluation, the PEER Committee staff shall use the definitions set forth in Section 27-103-159 (1) (a)(b), Mississippi Code of 1972, for the terms "evidenced-based programs" and "research-based programs" as used in the context of providing instruction, intervention and best practices to achieving solutions critical to public elementary and secondary schools.
(c) Each school district, when submitting instruction and intervention program inventory reports to PEER by the deadline established for each report, shall provide additional documentation with the report which shall serve as evidence identifying and verifying the programs used in the district's curriculum as evidence based and research based. Likewise, any reports the State Department of Education or State Board of Education are required to submit to the Legislature annually, shall also be submitted to PEER for purposes of being assessed for sufficiency and efficiency of programs offered to districts and a determination of whether such programs are evidence based and/or researched based. The PEER Committee staff shall establish an independent rubric to assess school districts' programs of instruction and intervention as evidence based and/or research based using the definitions of these terms set forth in Section 27-103-159(1)(a)(b)(c), Mississippi Code of 1972.
SECTION 3. Section 37-1-11, Mississippi Code of 1972, is amended as follows:
37-1-11. (1) The school day shall be preserved for the purpose of teaching. It is the intent of the Legislature that every effort be made by the State Department of Education and the local school boards to protect the instructional time in the classroom and to reduce the amount of paperwork which must be completed by teachers.
(2) The State Board of Education shall adopt rules that provide for simplifying and reducing the number and length of written reports and other written documents that the State Department of Education requires from school districts and school district employees, which shall also be submitted to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) at the same time as those reports and other documents are due to the State Department of Education. The board shall conduct a comprehensive review of its rules to simplify and to reduce the number and length of reports required from school districts and school district employees. The State Department of Education shall provide nonmandatory models to school districts of lesson plans, curriculum guides and other required reports that comply with department reporting requirements.
(3) The State Board of Education and the school board of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.
SECTION 4. Section 37-1-12, Mississippi Code of 1972, is amended as follows:
37-1-12. The State Board of Education shall develop and promulgate regulations for annual reports from school districts and from the State Department of Education to the Legislature and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER). Such regulations shall eliminate duplication, make effective use of technology and enable the Legislature to monitor education in Mississippi. These regulations may include methods to reduce redundant reporting requirements and eliminate inadequate performance measures, and the State Board of Education may include any proposed legislative amendments to state law necessary to improve statewide reporting mandates.
SECTION 5. Section 37-3-8, Mississippi Code of 1972, is amended as follows:
37-3-8. The State
Department of Education shall conduct the following studies and shall report
its findings to the State Board of Education on July 1 * * * of each year, and the board shall
submit these reports to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and to the next regular session of the Legislature
together with any corrective action taken and with recommendations for any
further corrective action that might be required:
(a) Teaching out of field. A study shall be conducted to determine the extent to which teachers are teaching out of their fields of certification; the conditions that promote such a practice; and the most appropriate remedies to the problem.
(b) Mastery of subject matter and learning skills. A study shall be conducted to determine the extent to which children master one level of course work before being advanced to the next level; what may be done to assure that progression from one level to another is properly sequenced; and what steps are now being taken to assure that children are progressing satisfactorily toward mastery of the material under study.
SECTION 6. Section 37-3-53, Mississippi Code of 1972, is amended as follows:
37-3-53. (1) (a) Each school year, the State Board of Education, acting through the Office of Educational Accountability, shall develop a public school reporting system, or "Mississippi Report Card," on the performance of students and public schools, including charter schools, at the local, district and state level. In developing the report card, the Office of Educational Accountability shall collect school, district and state level student achievement data in the appropriate grades as designated by the State Board of Education in all core subjects, and compare the data with national standards to identify students' strengths and weaknesses. The Mississippi Report Card shall provide more than reports to parents on the level at which their children are performing; the report shall provide clear and comparable public information on the level at which schools, school districts and the state public education system are performing. The Office of Educational Accountability shall encourage local school districts and the general public to use Mississippi Report Card information along with local individual student data to assess the quality of instructional programs and the performance of schools and to plan and implement programs of instructional improvement.
(b) Beginning with the 1998-1999 school year, the Mississippi Report Card shall include information, as compiled by the Office of Compulsory School Attendance Enforcement, which demonstrates clearly the absenteeism and dropout rates in each school district, charter school and the state as a whole and whether those rates reflect a positive or negative change from the same information as reported in the previous year's Mississippi Report Card.
(c) Each local school district shall be required to develop and publish an annual report as prescribed by the State Board of Education, which shall be submitted to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) under the same time schedule as provided for in this paragraph. By November 1 of each year, as prescribed by the State Board of Education, the report shall be published in a newspaper having general circulation in the county and posted on the school district's website in a printable format. The public notice shall include information on the report's availability on the district's website, with the website address, and the location(s) in the school district where a copy of the report can be obtained.
(2) The State Department of Education may benefit from the use of performance data from the Mississippi Report Card in making evaluations under Section 37-19-9.
SECTION 7. Section 37-3-71, Mississippi Code of 1972, is amended as follows:
37-3-71. All students in
all school districts are eligible to participate in the Alliance for Families
program. The number of school districts that may participate shall be
determined by the amount of funding. The State Board of Education shall
evaluate the Alliance for Families program in participating school districts
and shall report to the Legislature, the Joint Legislative Committee on
Performance Evaluation and Expenditure
Review (PEER) and the Governor annually on or before August
1, * * *
identifying exemplary programs and making recommendations regarding methods and
criteria for funding such programs.
SECTION 8. Section 37-3-85, Mississippi Code of 1972, is amended as follows:
37-3-85. (1) The Legislature finds that:
(a) Students who are serious behavior problems in school are at risk of becoming juvenile and adult offenders;
(b) Growing numbers of children live in conditions that place them at risk of school failure;
(c) The provision of school and support services to these children and their families by public and nonprofit agencies is fragmented and does not prepare these children to learn effectively and have a successful school experience;
(d) The lack of collaboration among schools, families, local agencies and other groups involved in family support and youth development activities results in the inefficient and ineffective use of resources to meet the needs of these children;
(e) Schools are dedicating an increasing amount of their time and resources to responding to disruptive and violent behavior rather than fulfilling their mission to challenge with high expectations each child to learn, to achieve and to fulfill his or her potential;
(f) Responding to the needs of students who are at risk of school failure and providing for a safe and secure learning environment are cost-effective because it enables the state to substitute preventive measures for expensive crisis intervention; and
(g) Differing local needs and local resources necessitate the development of locally generated, community-based plans that coordinate and leverage existing resources, not the imposition of uniform and inflexible, state-mandated plans.
(2) There is established within the State Department of Education the Support Our Students (S.O.S.) program. The purpose of the program is to award grants to neighborhood- and community-based organizations to establish local S.O.S. programs that provide high quality after-school mentoring activities for school-aged children and provide for comprehensive, collaborative delivery of mentoring services by public and nonpublic agencies to these children. These services shall be designed to enrich and make a positive impact on the lives of school-aged children. These after-school activities may include activities after the regular school day and activities on days that students are not required to attend school.
(3) The goals of the S.O.S. program are to:
(a) Reduce juvenile crime in local communities served by the program;
(b) Recruit community volunteers to provide positive adult role models for school-aged children and to help supervise after-school activities;
(c) Reduce the number of students who are unsupervised after school, otherwise known as "latchkey" children;
(d) Improve the academic performance of students participating in the program;
(e) Meet the physical, intellectual, emotional and social needs of students participating in the program and improve their attitudes and behavior; and
(f) Improve coordination of existing resources and enhance collaboration so as to provide services to school-aged children effectively and efficiently.
(4) As used in this section, "school-aged children" means children enrolled in kindergarten through the ninth grade.
(5) The State Department of Education shall develop and implement the Support Our Students (S.O.S.) program. The department shall:
(a) Sponsor a statewide conference each year for teams of interested representatives to provide background information and assistance regarding all aspects of the program;
(b) Disseminate information regarding the program to interested neighborhood and community groups;
(c) Develop and disseminate a request for applications to establish local S.O.S. programs;
(d) Provide initial technical assistance to grant applicants and ongoing technical assistance as grants are implemented;
(e) Administer funds appropriated by the Legislature;
(f) Monitor the grants funded;
(g) Revoke a grant if necessary or appropriate;
(h) Develop and implement a performance-based evaluation system to evaluate the program;
(i) Report on the program implementation to the Legislature, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and the Office of the Governor;
(j) Adopt any rules necessary to implement this section.
(6) A community- or neighborhood-based 501(c)(3) entity or a consortium consisting of one or more local 501(c)(3) entities and one or more local school districts may apply for a grant.
(7) Applicants for grants shall submit to the State Department of Education an application that includes the following information:
(a) Identification of one or more neighborhoods to be served by the local S.O.S. program, based on a needs assessment of existing conditions for school-aged children to be served. Data used in the needs assessment may include for each neighborhood to be served by a local program (i) dropout statistics, (ii) the number and percentage of school-aged children who participate in the federal subsidized lunch program, (iii) the number of suspensions and expulsions involving school-aged children, (iv) the number of children to be served, (v) the number and percentage of students with two (2) working parents or one (1) single parent to be served at a site; (vi) the incidence of juvenile crime in the neighborhood, and (vii) any other relevant or unique local demographic data.
Local authorities shall provide this or related information on a timely basis to local 501(c)(3) entities submitting applications to establish local S.O.S. programs;
(b) A three-year plan that addresses data used in the needs assessment and that includes proposed goals and anticipated outcomes of the local S.O.S. program. The plan shall be prepared after consultation with local after-school programs, schools, community organizations or groups which have as their purpose assisting or helping school-aged children who are at risk of failing in school or entering the juvenile justice system, or other appropriate groups. In addition, the three-year plan shall provide for regular collaborative efforts to seek input and advice from parents of the students being served and from other citizens who reflect the demographic conditions of the students being served;
(c) A statement of how grant funds would be used to address local problems and what other resources would be used to address the problems. This statement should include a list of services to be offered that are related to the goals and outcomes and should include plans for recruiting volunteers to assist in the program's activities; and
(d) A process for assessing on an annual basis the success of the local plan for addressing the goals of the local S.O.S. program.
(8) The department shall develop and disseminate a request for applications and establish procedures to be followed in developing and submitting applications to establish local S.O.S. programs and administering grants to establish local S.O.S. programs.
In reviewing grant applications, the State Superintendent of Education shall consider the prevalence of under-served students and families in low-income neighborhoods and in isolated rural areas in the area for which the grant is requested, the severity of the local problems with regard to children at risk of school failure and with regard to school discipline, whether the proposed program meets state standards, and the likelihood that the locally designed plan will deal with the problems successfully. During the review process, the superintendent may recommend modifications in grant applications to applicants. The superintendent shall submit recommendations to the State Board of Education on which applicants should receive grants and the amount they should receive.
In selecting grant recipients, the State Board of Education shall consider (a) the recommendations of the superintendent, (b) the geographic location of the applicants, and (c) the demographic profile of the applicants. After considering these factors, the State Board of Education shall give priority to grant applications that will serve areas that have a high incidence of juvenile crime and that propose different approaches that can serve as models for other communities. The State Board of Education shall select the grant recipients prior to July 1, 1995, for local programs that will be in operation at the beginning of the 1995-1996 school year, and prior to July 1 and thereafter for the appropriate school year.
A grant recipient may request a modification of a grant or additional funds to implement a grant through the grant application process. The request shall be reviewed and accepted or rejected in the same manner as a grant application.
(9) The State Department of Education shall administer the grant program under the direction of the State Board of Education. The State Department of Education shall provide technical assistance to grant applicants and recipients.
(10) All agencies of the state and local government, including departments of human services, health departments, local mental health, and intellectual disability commissions, court personnel, law enforcement agencies and cities and counties shall cooperate with the State Department of Education and local school boards that receive grants in coordinating the S.O.S. program at the state level and in implementing the S.O.S. program at the local level.
(11) The Department of Education shall develop and implement an evaluation system, under the direction of the State Board of Education, that will assess the efficiency and effectiveness of the S.O.S. program. However, private schools shall not be included under the provisions of this section.
SECTION 9. Section 37-6-13, Mississippi Code of 1972, is amended as follows:
37-6-13. (1) Each person serving as a member of the school board of any school district shall receive per diem in the amount of Sixty-seven Dollars ($67.00) for no more than thirty-six (36) meetings of the school board during any one (1) fiscal year or, in his or her discretion, irrevocably may choose to receive as compensation for his or her services an annual salary in the amount of Two Thousand Four Hundred Dollars ($2,400.00), which choice shall remain in force for all successive terms or periods of service of that member. The receipt of the compensation shall not entitle any member of a school board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Each member shall be reimbursed for the necessary expenses and mileage in attending meetings of the school board. In addition to the foregoing, all members may be reimbursed for mileage and actual expenses incurred in the further performance of their duties, including attendance at any mandatory school board training session or at regional and national education meetings, when such mileage and other expenses are authorized by the board prior to the date on which they occur. Detailed vouchers shall be submitted for reimbursement for all expenses authorized by this section. Such reimbursement shall be in accordance with Section 25-3-41.
Such expenses shall be paid on order of the school board by pay certificates issued by the superintendent of the school district involved against the funds available for payment of the administrative expense of the district.
(2) (a) If a member of a school board misses twenty percent (20%) or more of the meetings of the school board during a calendar year, except for absences caused by required military duty, the member must reimburse the school district that portion of the total salary paid to the member that year which is proportionate to the number of meetings missed by the member in relation to the total number of school board meetings held during that year. For purposes of this subsection, consideration may be given only to meetings of which public notice is required.
(b) Before February 1 of each year, the president of each local school board shall submit a report to the State Board of Education and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) containing the names of any members of the school board who missed twenty percent (20%) or more of the school board meetings during the preceding calendar year.
SECTION 10. Section 37-7-346, Mississippi Code of 1972, is amended as follows:
37-7-346. The State
Department of Education and the Regional Education Service Agencies (RESAs)
shall prepare jointly a report, to be submitted annually before December
15, * * * which
shall also be submitted to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER),
for consideration of the Legislature and Governor, detailing the plans that
shall be enacted by State Board of Education policy of how RESAs will work in
partnership with the State Department of Education to increase their function
as a local provider of educational services and purchasing consortia as
provided in Section 37-7-345(6). These services must be prescribed by policies
and standards of the State Department of Education and must include, but not
necessarily be limited to, professional development, instructional materials,
educational technology, curriculum development, alternative educational
programs, purchasing cooperatives, insurance cooperatives, business manager
services, auditing and accounting services, school safety/risk prevention, data
processing and student records, communications/public information, employee
background checks, grants management, printing/publications and internships.
SECTION 11. Section 37-7-1001, Mississippi Code of 1972, is amended as follows:
37-7-1001. The State Board of Education is hereby authorized to establish a Standing Commission on School District Efficiency. The commission shall meet and study the operations, rules, policies and regulations in school districts on an ongoing basis for the purpose of identifying opportunities to increase efficiencies, and to determine appropriate efficiency standards that should be considered for accreditation standards. The commission shall report annually its findings and recommendations to the State Board of Education, and the State Board of Education may make its report and recommendations annually to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and to the Legislature seeking legislative support to achieve efficiencies in school districts. In establishing the Standing Commission on School District Efficiency the State Board of Education shall provide that the membership not be less than six (6) members. The State Board of Education shall appoint school district employees proficient in the areas of fiscal management, procurement, data processing or other fields of school business, with at least one (1) member being appointed from each congressional district. The commission shall meet on a date designated by the State Superintendent of Education and organize by selecting a chairman and adopt rules for conducting business. Members of the commission shall serve without compensation, but may be reimbursed for necessary travel expenses from any available funds for attending official meetings of the commission. The State Department of Education shall provide necessary administrative and clerical support for the functions of the commission.
SECTION 12. Section 37-9-14, Mississippi Code of 1972, is amended as follows:
37-9-14. (1) It shall be the duty of the superintendent of schools to administer the schools within his district and to implement the decisions of the school board.
(2) In addition to all other powers, authority and duties imposed or granted by law, the superintendent of schools shall have the following powers, authority and duties:
(a) To enter into contracts in the manner provided by law with each assistant superintendent, principal and teacher of the public schools under his supervision, after such assistant superintendent, principal and teachers have been selected and approved in the manner provided by law.
(b) To enforce in the public schools of the school district the courses of study provided by law or the rules and regulations of the State Board of Education, and to comply with the law with reference to the use and distribution of free textbooks.
(c) To administer oaths in all cases to persons testifying before him relative to disputes relating to the schools submitted to him for determination, and to take testimony in such cases as provided by law.
(d) To examine the monthly and annual reports submitted to him by principals and teachers for the purpose of determining and verifying the accuracy thereof.
(e) To preserve all reports of superintendents, principals, teachers and other school officers, and to deliver to his successor or clerk of the board of supervisors all money, property, books, effects and papers.
(f) To prepare and keep in his office a map or maps showing the territory embraced in his school district, to furnish the county assessor with a copy of such map or maps, and to revise and correct same from time to time as changes in or alterations of school districts may necessitate.
(g) To keep an accurate record of the names of all of the members of the school board showing the districts for which each was elected or appointed, the post office address of each, and the date of the expiration of his term of office. All official correspondence shall be addressed to the school board, and notice to such members shall be regarded as notice to the residents of the district, and it shall be the duty of the members to notify such residents.
(h) To deliver in proper time to the assistant superintendents, principals, teachers and board members such forms, records and other supplies which will be needed during the school year as provided by law or any applicable rules and regulations, and to give to such individuals such information with regard to their duties as may be required.
(i) To make to the school board reports for each scholastic month in such form as the school board may require.
(j) To distribute promptly all reports, letters, forms, circulars and instructions which he may receive for the use of school officials.
(k) To keep on file and preserve in his office all appropriate information concerning the affairs of the school district.
(l) To visit the schools of his school district in his discretion, and to require the assistant superintendents, principals and teachers thereof to perform their duties as prescribed by law.
(m) To observe such instructions and regulations as the school board and other public officials may prescribe, and to make special reports to these officers whenever required.
(n) To keep his office open for the transaction of business upon the days and during the hours to be designated by the school board.
(o) To make such reports as are required by the State Board of Education, which shall also be submitted to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) at the same time as those reports are due to the State Department of Education.
(p) To make an enumeration of educable children in his school district as prescribed by law.
(q) To keep in his office and carefully preserve the public school record provided, to enter therein the proceedings of the school board and his decision upon cases and his other official acts, to record therein the data required from the monthly and term reports of principals and teachers, and from the summaries of records thus kept.
(r) To delegate student disciplinary matters to appropriate school personnel.
(s) To make assignments to the various schools in the district of all noninstructional and nonlicensed employees and all licensed employees, as provided in Sections 37-9-15 and 37-9-17, and to make reassignments of such employees from time to time; however, a reassignment of a licensed employee may only be to an area in which the employee has a valid license issued by the State Department of Education. Upon request from any employee transferred, such assignment shall be subject to review by the school board.
(t) To employ substitutes for licensed employees, regardless of whether or not such substitute holds the proper license, subject to such reasonable rules and regulations as may be adopted by the State Board of Education.
(u) To comply in a timely manner with the compulsory education reporting requirements prescribed in Section 37-13-91(6).
(v) To perform such other duties as may be required of him by law.
(w) To notify, in writing, the parent, guardian or custodian, the youth court and local law enforcement of any expulsion of a student for criminal activity as defined in Section 37-11-29.
(x) To notify the youth court and local law enforcement agencies, by affidavit, of the occurrence of any crime committed by a student or students upon school property or during any school-related activity, regardless of location and the identity of the student or students committing the crime.
(y) To employ and dismiss noninstructional and nonlicensed employees as provided by law.
(z) To temporarily employ licensed and nonlicensed employees to fill vacancies which may occur from time to time without prior approval of the board of trustees, provided that the board of trustees is notified of such employment and the action is ratified by the board at the next regular meeting of the board. A school district may pay a licensed employee based on the same salary schedule as other contracted licensed employees in the district until school board action, at which time a licensed employee approved by the school board enters a contract. If the board, within thirty (30) days of the date of employment of such employee under this subsection, takes action to disapprove of the employment by the superintendent, then the employment shall be immediately terminated without further compensation, notice or other employment rights with the district. The terminated employee shall be paid such salary and fringe benefits that such employee would otherwise be entitled to from the date of employment to the date of termination for days actually worked.
(3) All funds to the credit of a school district shall be paid out on pay certificates issued by the superintendent upon order of the school board of the school district properly entered upon the minutes thereof, and all such orders shall be supported by properly itemized invoices from the vendors covering the materials and supplies purchased. All such orders and the itemized invoices supporting same shall be filed as a public record in the office of the superintendent for a period of five (5) years. The superintendent shall be liable upon his official bond for the amount of any pay certificate issued in violation of the provisions of this section. The school board shall have the power and authority to direct and cause warrants to be issued against such district funds for the purpose of refunding any amount of taxes erroneously or illegally paid into such fund when such refund has been approved in the manner provided by law.
(4) The superintendent of schools shall be special accounting officer and treasurer with respect to any and all district school funds for his school district. He or his designee shall issue all warrants without the necessity of registration thereof by the chancery clerk. Transactions with the depositories and with the various tax collecting agencies which involve school funds for such school district shall be with the superintendent of schools, or his designee.
(5) The superintendent of schools will have no responsibility with regard to agricultural high school and junior college funds.
All agricultural high school and junior college funds shall be handled and expended in the manner provided for in Sections 37-29-31 through 37-29-39.
(6) It shall be the duty of the superintendent of schools to keep and preserve the minutes of the proceedings of the school board.
(7) The superintendent of schools shall maintain as a record in his office a book or a computer printout in which he shall enter all demands, claims and accounts paid from any funds of the school district. The record shall be in a form to be prescribed by the State Auditor. All demands, claims and accounts filed shall be preserved by the superintendent of schools as a public record for a period of five (5) years. All claims found by the school board to be illegal shall be rejected or disallowed. To the extent allowed by board policy, all claims which are found to be legal and proper may be paid and then ratified by the school board at the next regularly scheduled board meeting, as paid by the superintendent of schools. All claims as to which a continuance is requested by the claimant and those found to be defective but which may be perfected by amendment shall be continued. The superintendent of schools shall issue a pay certificate against any legal and proper fund of the school district in favor of the claimant in payment of claims. The provisions of this section, however, shall not be applicable to the payment of salaries and applicable benefits, travel advances, amounts due private contractors or other obligations where the amount thereof has been previously approved by a contract or by an order of the school board entered upon its minutes, or paid by board policy, or by inclusion in the current fiscal year budget, and all such amounts may be paid by the superintendent of schools by pay certificates issued by him against the legal and proper fund without allowance of a specific claim therefor as provided in this section, provided that the payment thereof is otherwise in conformity with law.
SECTION 13. Section 37-9-33, Mississippi Code of 1972, is amended as follows:
37-9-33. (1) In employing
and contracting with appointed superintendents, principals and * * * licensed employees, the
school board shall in all cases determine whether the amount of salary to be
paid such superintendent, principals and * * * licensed employees is in
compliance with the provisions of the adequate education program. No contract
shall be entered into where the salary of a superintendent, principal or * * * licensed employee is to be
paid, in whole or in part, from adequate education program funds except where
the requirements of said chapter as to the amount of such salary are fully
met. Nothing herein shall be construed, however, to prohibit any school
district from increasing the salaries of appointed superintendents, principals
and * * * licensed
employees above the amounts fixed by said chapter, provided that the amount of
such increase is paid from funds available to such district other than adequate
program funds. Provided further, that school districts are authorized, in
their discretion, to negotiate the salary levels applicable to * * * licensed employees employed
after July 1, 2009, who are receiving retirement benefits from the retirement
system of another state, and the annual experience increment provided in
Section 37-19-7 shall not be applicable to any such retired * * * licensed employee. Nothing
herein shall be construed to prohibit any school district from complying with
the school district employee furlough provisions of Section 37-7-308.
(2) Each school district
shall provide an annual report to the State Department of Education and to
the Joint Legislative Committee on Performance Evaluation
and Expenditure Review (PEER) on the number of * * * licensed and * * * nonlicensed employees
receiving a salary from the school district who are also receiving retirement
benefits from the Public Employees' Retirement System. This report shall
include the name of the employee(s), the hours per week for which the employee
is under contract and the services for which the employee is under contract.
Said required annual report shall be in a form and deadline promulgated by the
State Board of Education.
SECTION 14. Section 37-13-41, Mississippi Code of 1972, is amended as follows:
37-13-41. All principals and/or superintendents of public schools in all school districts in Mississippi shall report to their county superintendent of education upon forms prepared and sent to the county superintendent of education by the director of the division of instruction, giving the type and amount of work done in each grade of their respective school, with other information that may be desired by the director. The county superintendents of education shall compile this information on forms sent out by the director. This shall be made in three (3) duplicates, one (1) copy to be sent to the director, one (1) copy to be submitted to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), and the other filed as other public records are filed in the county superintendents' offices. This report shall be made to the director by the county superintendents of education not later than the first of June each year.
SECTION 15. Section 37-13-60.1, Mississippi Code of 1972, is amended as follows:
37-13-60.1. (1) The Mississippi State Occupational Information Coordinating Committee, hereinafter "SOICC," is hereby designated as the entity responsible for the operation and management of an occupational information system to support career development in elementary schools, middle/junior high schools, high schools, postsecondary institutions and human service agencies pursuant to the Carl D. Perkins Vocational Education Act of 1984, Public Law 98-524, Section 422(b).
(2) SOICC shall develop and incorporate Mississippi-specific occupational and educational information to implement a career information delivery system for this state.
(3) SOICC shall train local staff in the use and operation of the career information delivery system in the career development process.
(4) SOICC shall establish the criteria pursuant to which appropriated funds will be distributed to local users of the career information delivery system.
(5) On or before January 1
of each year, SOICC shall report to the Senate Education Committee, * * * the House Education Committee of the
Mississippi Legislature and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) its
assessment of the effectiveness and usefulness of the career information
delivery system in the advancement of career development for state public
school students.
(6) SOICC is authorized to impose reasonable fees on users of the career information delivery system in order to defray a portion of the expense incurred in the operation and management of the career information delivery system.
SECTION 16. Section 37-13-92, Mississippi Code of 1972, is amended as follows:
37-13-92. (1) Beginning with the school year 2004-2005, the school boards of all school districts shall establish, maintain and operate, in connection with the regular programs of the school district, an alternative school program or behavior modification program as defined by the State Board of Education for, but not limited to, the following categories of compulsory-school-age students:
(a) Any compulsory-school-age child who has been suspended for more than ten (10) days or expelled from school, except for any student expelled for possession of a weapon or other felonious conduct;
(b) Any compulsory-school-age child referred to such alternative school based upon a documented need for placement in the alternative school program by the parent, legal guardian or custodian of such child due to disciplinary problems;
(c) Any compulsory-school-age child referred to such alternative school program by the dispositive order of a chancellor or youth court judge, with the consent of the superintendent of the child's school district;
(d) Any compulsory-school-age child whose presence in the classroom, in the determination of the school superintendent or principal, is a disruption to the educational environment of the school or a detriment to the interest and welfare of the students and teachers of such class as a whole; and
(e) No school district is required to place a child returning from out-of-home placement in the mental health, juvenile justice or foster care system in alternative school. Placement of a child in the alternative school shall be done consistently, and for students identified under the Individuals with Disabilities Education Act (IDEA), shall adhere to the requirements of the Individuals with Disabilities Education Improvement Act of 2004. If a school district chooses to place a child in alternative school the district will make an individual assessment and evaluation of that child in the following time periods:
(i) Five (5) days for a child transitioning from a group home, mental health care system, and/or the custody of the Department of Human Services, Division of Youth and Family Services;
(ii) Ten (10) days for a child transitioning from a dispositional placement order by a youth court pursuant to Section 43-21-605; and
(iii) An individualized assessment for youth transitioning from out-of-home placement to the alternative school shall include:
1. A strength needs assessment.
2. A determination of the child's academic strengths and deficiencies.
3. A proposed plan for transitioning the child to a regular education placement at the earliest possible date.
(2) The principal or program administrator of any such alternative school program shall require verification from the appropriate guidance counselor of any such child referred to the alternative school program regarding the suitability of such child for attendance at the alternative school program. Before a student may be removed to an alternative school education program, the superintendent of the student's school district must determine that the written and distributed disciplinary policy of the local district is being followed. The policy shall include standards for:
(a) The removal of a student to an alternative education program that will include a process of educational review to develop the student's individual instruction plan and the evaluation at regular intervals of the student's educational progress; the process shall include classroom teachers and/or other appropriate professional personnel, as defined in the district policy, to ensure a continuing educational program for the removed student;
(b) The duration of alternative placement; and
(c) The notification of parents or guardians, and their appropriate inclusion in the removal and evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a manner to circumvent the principal's or the superintendent's authority to remove a student to alternative education.
(3) The local school board or the superintendent shall provide for the continuing education of a student who has been removed to an alternative school program.
(4) A school district, in its discretion, may provide a program of High School Equivalency Diploma preparatory instruction in the alternative school program. However, any High School Equivalency Diploma preparation program offered in an alternative school program must be administered in compliance with the rules and regulations established for such programs under Sections 37-35-1 through 37-35-11 and by the Mississippi Community College Board. The school district may administer the High School Equivalency Diploma Testing Program under the policies and guidelines of the Testing Service of the American Council on Education in the alternative school program or may authorize the test to be administered through the community/junior college district in which the alternative school is situated.
(5) Any such alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.
(6) The alternative school program may be held within such school district or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate an alternative school program, the school board of a district designated to be the lead district shall serve as the governing board of the alternative school program. Transportation for students attending the alternative school program shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such alternative school program may be paid from funds contributed or otherwise made available to the school district for such purpose or from local district maintenance funds.
(7) The State Board of Education shall promulgate minimum guidelines for alternative school programs. The guidelines shall require, at a minimum, the formulation of an individual instruction plan for each student referred to the alternative school program and, upon a determination that it is in a student's best interest for that student to receive High School Equivalency Diploma preparatory instruction, that the local school board assign the student to a High School Equivalency Diploma preparatory program established under subsection (4) of this section. The minimum guidelines for alternative school programs shall also require the following components:
(a) Clear guidelines and procedures for placement of students into alternative education programs which at a minimum shall prescribe due process procedures for disciplinary and High School Equivalency Diploma placement;
(b) Clear and consistent goals for students and parents;
(c) Curricula addressing cultural and learning style differences;
(d) Direct supervision of all activities on a closed campus;
(e) Attendance requirements that allow for educational and workforce development opportunities;
(f) Selection of program from options provided by the local school district, Division of Youth Services or the youth court, including transfer to a community-based alternative school;
(g) Continual monitoring and evaluation and formalized passage from one (1) step or program to another;
(h) A motivated and culturally diverse staff;
(i) Counseling for parents and students;
(j) Administrative and community support for the program; and
(k) Clear procedures for annual alternative school program review and evaluation.
(8) On request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration size, wealth and existing facilities in determining a program best suited to a district.
(9) Any compulsory-school-age child who becomes involved in any criminal or violent behavior shall be removed from such alternative school program and, if probable cause exists, a case shall be referred to the youth court.
(10) The State Board of Education shall promulgate guidelines for alternative school programs which provide broad authority to school boards of local school districts to establish alternative education programs to meet the specific needs of the school district.
(11) Each school district having an alternative school program shall submit a report by July 31 of each calendar year to the State Department of Education and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) describing the results of its annual alternative school program review and evaluation undertaken pursuant to subsection (7)(k). The report shall include a detailed account of any actions taken by the school district during the previous year to comply with substantive guidelines promulgated by the State Board of Education under subsection (7)(a) through (j). In the report to be implemented under this section, the State Department of Education shall prescribe the appropriate measures on school districts that fail to file the annual report. The report should be made available online via the department's website to ensure transparency, accountability and efficiency.
SECTION 17. Section 37-13-131, Mississippi Code of 1972, is amended as follows:
37-13-131. (1) The State Department of Education is designated as the state agency responsible for the administration and supervision of the Comprehensive School Health Education Program as an educational curriculum in the State of Mississippi. It is the intent of the Legislature that all funds made available to the State Department of Education for the purpose of comprehensive school health education shall be administered by the State Department of Education.
(2) Pursuant to the provisions of subsection (1) of this section, the State Department of Education is authorized to establish an Office of Comprehensive School Health Education within the framework of the State Department of Education for the purpose of developing standards, procedures and criteria for the administration and supervision of a statewide program of health education in kindergarten through Grade 12. The State Department of Education, through the Office of Comprehensive School Health Education, shall assume the further responsibility for promoting a statewide effort designed to prepare local school faculties and staffs to incorporate the comprehensive health education concept into their local educational programs.
(3) The Mississippi
Department of Health, in conjunction with the Office of Student Development-Branch
of Health-Related Services of the State Department of Education, shall develop
a long-range strategic plan for a Comprehensive School Health Education Program
in Grades K through 12. The Comprehensive School Health Education Program
shall encompass four (4) interdependent components: (a) health education; (b)
health service; (c) physical education and fitness; and (d) a healthful school
environment. These curriculum components shall be designed to develop decision-making
competencies related to health and health behavior. Such curriculum components
are intended to motivate health maintenance and promote wellness, not only to prevent
disease or disability. The Mississippi Department of Health, in conjunction
with the Office of Student Development-Branch of Health-Related Services of the
Department of Education, shall develop the strategic plan and make a annual report
thereon to the Governor, * * * the Legislature and to the Joint
Legislative Committee on Performance Evaluation
and Expenditure Review (PEER) at the same time as those reports and other
documents are due to the State Department of Education on or before
January 1 * * *.
SECTION 18. Section 37-13-134.1, Mississippi Code of 1972, is amended as follows:
37-13-134.1. (1) Subject to available funding, the State Department of Education, in consultation with the State Department of Health, shall establish the school health grant pilot program to improve student health by assisting local school districts in implementing a school health program. In order to qualify for a school health grant, a school district shall submit a detailed implementation plan, developed in accordance with the guidelines for a school health program developed by the State Department of Education, and including the following components:
(a) A dedicated school health coordinator and technical and administrative support for collection of data and program evaluation.
(b) A description of how the school district currently addresses physical activity, nutrition, and other obesity prevention measures.
(c) A description of how the agency would use the state grant to augment what it is currently doing, including defining priorities based on the students' health need and meeting education performance indicators, developing an action plan for addressing those needs based on realistic goals and measurable objectives, establishing a timeline for implementation, and developing and maintaining a system to evaluate progress and outcomes for the program.
(d) All school districts receiving grants will report annually to the State Department of Education and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) progress towards the achievement of state education performance indicators and standards and requirements relating to physical activity and nutrition.
(2) The amount in the coordinated school health grant pilot program shall be limited to the amount appropriated and shall be available to school districts based on the guidelines developed by the State Department of Education.
(3) Any grants made to school district shall be expended to supplement and not supplant any funds already expended as school health programs. For this purpose, expenditures of components enumerated in subsection (2) of this section for the current fiscal year shall be considered the base expenditure on school health and any school district receiving grant funds shall maintain this base.
(4) There is created in the State Treasury a fund into which any public or private funds from any source shall be deposited for the support of the activities of coordinated school health grant pilot program.
(5) State grants are only for coordination and improvement of school health programs to improve student health in accordance with the detailed plan submitted in accordance with subsection (2) of this section.
(6) The State Department of Education and the State Department of Health shall coordinate existing school health programs, grants and initiatives. To the extent possible, existing contracts and waiver requirements and funding, including Medicaid funding, shall also be coordinated.
(7) The use of grant funds shall be subject to audit by the Office of the State Auditor.
SECTION 19. Section 37-13-193, Mississippi Code of 1972, is amended as follows:
37-13-193. The State Board
of Education may make civil rights and human rights education a part of the K-12
curriculum of instruction in Mississippi public schools. The State Department
of Education shall work with the Mississippi Civil Rights Education Commission
established in Section 37-13-195 in implementing these five (5) guidelines:
(a) provide assistance and advice to K-12 schools with respect to the Civil
Rights Movement and human rights education and awareness programs; (b) survey
and catalog the extent to which civil rights and human rights education exists
in state curricula; (c) inventory civil rights memorials, exhibits and
resources that could be used in classrooms and other educational programs; (d)
compile a list of volunteers who are willing to share their knowledge and
experiences concerning the struggle for civil rights; (e) prepare reports for
the Governor, * * *
the State Legislature and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) on
the inclusion of civil rights studies into the educational systems of the
state.
SECTION 20. Section 37-15-4, Mississippi Code of 1972, is amended as follows:
37-15-4. The school board of every school district, as created and empowered by law, shall keep and preserve permanently a copy of all district-wide reports required by the State Board of Education to be filed on an annual basis, which shall also be submitted to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) at the same time as those reports are due to the State Board of Education.
Copies of those district-wide reports required by the State Board of Education, which shall also be submitted to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) on less than an annual basis may be destroyed after five (5) years upon approval of the school board of the school district.
All supporting documents necessary to compile such district-wide reports, except as delineated in Section 37-15-8 may be destroyed after three (3) years following the academic year for which the report was made upon approval of the school board of the school district.
SECTION 21. Section 37-15-8, Mississippi Code of 1972, is amended as follows:
37-15-8. The superintendent of the school district shall have the authority, with the approval of the school board of the school district spread upon its minutes, to dispose of the following records:
(a) After five (5) years:
(1) Bank statements;
(2) Cancelled warrants and pay certificates;
(3) School board paid bills;
(4) Bids received, either accepted or rejected, for supplies, materials, equipment and construction;
(5) Depository receipt warrants;
(6) School board claims dockets, where claims are recorded on the minutes of the board;
(7) Original of school board's orders after such orders have been recorded in the minute book;
(8) Cancelled bonds and coupons;
(9) Tax collector's reports of tax collection to superintendent of schools;
(10) Transportation records.
(b) After three (3) years:
(1) Teacher contracts, computed from the expiration date thereof;
(2) Bus purchase documents;
(3) Teachers' registers, principals' reports and other evidence necessary to prepare the reports to the State Board of Education, which shall also be reported to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
(c) After period to be set by the State Board of Education such other documents of a temporary or transitory nature as the State Board of Education by regulation shall designate.
Notwithstanding any of the provisions of Sections 37-15-1 through 37-15-4, 37-15-8 and 37-15-10 to the contrary, no records which are in the process of being audited by the State Department of Audit, or which are the basis of litigation, shall be destroyed until at least twelve (12) months after final completion of said audits and litigation.
SECTION 22. Section 37-16-9, Mississippi Code of 1972, is amended as follows:
37-16-9. (1) The state board shall, after a public hearing and consideration, make provision for appropriate accommodations for testing instruments and procedures for students with identified handicaps or disabilities in order to ensure that the results of the testing represent the student's achievement, rather than reflecting the student's impaired sensory, manual, speaking or psychological process skills, except when such skills are the factors the test purports to measure.
(2) The public hearing and consideration required hereunder shall not be construed to amend or nullify the requirements of security relating to the contents of examinations or assessment instruments and related materials or data.
(3) Children with disabilities shall be included in general statewide and district-wide assessments programs, with appropriate accommodations, where necessary. As appropriate, the State
Department of Education and the local educational agency shall:
(a) Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and
(b) Develop and, beginning not later than July 1, 2000, conduct those alternate assessments.
(4) The State Department of Education shall make available to the public and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(a) The number of children with disabilities participating in regular assessments;
(b) The number of children participating in alternate assessments;
(c) The performance of those children on regular assessments, beginning not later than July 1, 1998, and on alternate assessments, not later than July 1, 2000, if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children; and
(d) Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.
SECTION 23. 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.
(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 and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) 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 and to the Joint
Legislative Committee on Performance Evaluation
and Expenditure Review (PEER) annually before December 1, * * * 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 and with the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
SECTION 24. Section 37-17-12, Mississippi Code of 1972, is amended as follows:
37-17-12. (1) (a) Effective July 1, 2006, principals and administrators with career level certifications at schools with the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions pursuant to Section 37-3-4, subject to approval of the local superintendent.
(b) Effective July 1, 2006, school districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions pursuant to Sections 37-3-46, 37-3-49(2), 37-7-337, 37-17-8 and 37-21-7(4).
(c) The State Department of Education shall develop a policy to determine reevaluation of exemption status.
(2) The State Department of
Education is directed to provide a report of all exempted process standards and
nonexempted process standards to the Office of the Governor, the Chairs of the
House and Senate Education Committees, the Joint Legislative Committee on
Performance Evaluation and Expenditure
Review (PEER) and the Mississippi Association of School
Superintendents annually by December 1 * * *.
SECTION 25. Section 37-21-9, Mississippi Code of 1972, is amended as follows:
37-21-9. The State Department of Education shall:
(a) Conduct a total needs assessment of the state to determine what areas currently lack pre-kindergarten programs and services, and conduct a cost-benefit analysis of establishing pre-kindergarten programs on a statewide basis. Any expected costs, whether federal, state or local, associated with implementing this requirement shall be clearly outlined; and
(b) Conduct a cost-benefit analysis of implementing mandatory kindergarten on a statewide basis. Any expected costs, whether federal, state or local, associated with implementing this requirement shall be clearly outlined; and
(c) Study the feasibility of developing an optional graduation diploma, to be known as an occupational diploma, that would include course requirements to ensure that students have mastered skills and employment competencies. The study shall include proposed procedures for ensuring that students may select and move between courses of study leading to a standard high school diploma or an occupational diploma. The study shall include options for continued skills training through community colleges, which shall include agreements between school districts and community colleges to minimize the circumstances under which students must repeat successfully completed high school coursework in community college. Any expected costs, both federal and state, associated in implementing these requirements shall be clearly outlined; and
(d) Report annually to the Mississippi Legislature and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) on the graduation and dropout rates based on Grades 7 through 12 and Grades 9 through 12 cohort groups, statewide and by district.
SECTION 26. Section 37-21-11, Mississippi Code of 1972, is amended as follows:
37-21-11. (1) There is hereby established the "Kindergarten Readiness Assessment Program," authorizing the Mississippi Department of Education to establish a common statewide kindergarten readiness assessment, the purpose of which is to provide teachers, administrators and parents baseline data on students at the beginning of their kindergarten year. It is the intent of the Legislature, in establishing this program, to ensure that the Mississippi Department of Education shall:
(a) Select a readiness assessment that provides data on each kindergarten student's performance to inform deployment of resources and instructional supports;
(b) Establish a policy to ensure each student's parent or guardian is informed of the student's performance on the assessment;
(c) Establish a policy to ensure that districts report results to the State Superintendent of Education and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER); and
(d) Require this assessment be given to all students enrolled in a public kindergarten in Mississippi.
(2) The kindergarten readiness assessment may be given prior to the beginning of kindergarten or during the first thirty (30) days of the kindergarten year.
SECTION 27. Section 37-22-25, Mississippi Code of 1972, is amended as follows:
37-22-25. (1) This section shall be known and may be cited as the "Mississippi School District Emergency Bridge Loan Act."
(2) (a) There is established a bridge loan program to be administered by the State Department of Education for the purpose of assisting local school districts that suffer revenue losses as a result of an economic downturn that substantially impacts the state and local revenues available to school districts. Loan proceeds distributed to school districts shall be specifically for school district operations identified as essential by the department.
(b) It is the intent of the Legislature that the department endeavor to ensure that the costs of the administration of this section are as low as possible.
(3) (a) There is created a special fund in the State Treasury to be designated as the "Mississippi School District Emergency Bridge Loan Fund," referred to in this section as the "fund." The fund shall consist of money designated for deposit in the fund from any source including, but not limited to, appropriations, bond proceeds, grants, gifts, donations or funds from any source, public or private. The fund shall be credited with all repayments of principal and interest derived from loans made from the fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the State General Fund. Monies in the fund may not be used or expended for any purpose except as authorized under this section.
(b) The department shall establish a loan program by which loans may be made available to school districts to assist those school districts. Any school district that demonstrates for the current fiscal year a projected revenue loss equal to or exceeding one-third (1/3) of its revenues in the preceding fiscal year may qualify for a loan. The interest rate on loans made under this section may vary from time to time and from loan to loan and shall be at or below market interest rates as determined by the department. The department shall act as quickly as is practicable and prudent in deciding on any loan request that it receives.
(c) The aggregate amount of any loans received under this section by a school district shall not exceed one hundred percent (100%) of the difference between the revenue received by the school district to fund essential operations in the preceding fiscal year and the estimated revenue from those sources in the current fiscal year plus sixteenth section principal funds that may be expended under law, cash reserves or fund balances at the fiscal year end, as determined by the department. The State Board of Education shall set the maximum amount of any loan made under this section at an amount that will ensure the equitable distribution of the amounts available for loans to the eligible school districts.
(d) A school district that receives a loan from the fund shall pledge for repayment of the loan any part of the homestead exemption annual tax loss reimbursement to which it may be entitled under Section 27-33-77, as may be required by the department. Each recipient of a loan shall establish a dedicated source of revenue for repayment of the loan. Before any school district shall receive a loan, it must execute with the department a loan agreement evidencing the loan, a copy of which must be filed by the department with the State Tax Commission. The loan agreement may not be construed to prohibit any recipient from prepaying any part or all of the funds received. The repayment schedule in each loan agreement shall provide for: (i) monthly payments; (ii) semiannual payments; or (iii) other periodic payments. The loan agreement shall provide for the repayment of all funds received from the fund within not more than ten (10) years. At the request of the department, the State Tax Commission shall withhold semiannually from the amount to be remitted to a school district the sum necessary to pay all or a portion of the periodic payments for the loan.
(e) A school district that receives a loan from the state which is not eligible to pledge for repayment of the loan under paragraph (d) of this subsection shall repay the loan by making payments each month to the State Treasurer through the Department of Finance and Administration for and on behalf of the department according to Section 7-7-15, to be credited to the fund in lieu of pledging homestead exemption annual tax loss reimbursement.
Loan repayments shall be according to a repayment schedule contained in each loan agreement as required under paragraph (d) of this subsection.
(f) Evidences of indebtedness that are issued under this section may not be deemed indebtedness within the meaning specified in Section 37-59-5.
(g) The State Auditor, upon the request of the department, shall audit the receipts and expenditures of a school district if loan repayments appear to be in arrears. If the Auditor finds that the school district is in arrears in the repayments, the Auditor immediately shall notify the State Superintendent of Public Education, who may take any action necessary to enforce the terms of the loan agreement. The superintendent, in his discretion, may notify the State Tax Commission to withhold all future payments to the school district of homestead exemption annual tax loss reimbursements under Section 27-33-77 until such time that the school district is again current in its loan repayments, as certified by the department.
(h) All monies deposited in the fund may be used only for providing the loans authorized under this section. In addition, any amounts in the fund may be used to defray the reasonable costs of administering the fund. The department is authorized to use amounts available to it from the fund to contract for those facilities and staff needed to administer and provide routine management for the funds and loan program.
(4) In administering this section, the State Department of Education shall have the following powers and duties:
(a) To supervise the use of all funds made available under this section;
(b) To promulgate rules and regulations and to establish procedures in accordance with this section for the implementation of the loan program;
(c) To requisition monies in the fund and distribute those monies in accordance with this section;
(d) To maintain, in accordance with generally accepted government accounting standards, an accurate record of all monies in the fund made available to school districts under this section; and
(e) To file annually with the Legislature and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) a report detailing how monies in the fund were spent during the preceding fiscal year in each school district.
(5) The State Bond Commission, at one time or from time to time, may declare the necessity for general funds for the purposes provided in this section, including the costs incident to the administration of the loan program. Upon approval by the State Bond Commission, the Department of Finance and Administration may transfer the necessary amount from the General Fund to the fund in ample time to discharge such loans and incidental costs.
(6) The Department of Finance and Administration, without further process of law, may certify the necessity for warrants and issue those warrants in such amounts as may be necessary to make loans under the program authorized by this section.
(7) After any state funds in the fund are no longer needed for the particular purpose for which they were appropriated, deposited or transferred into the fund, the Department of Finance and Administration shall transfer those state funds back to the particular fund or funds in the State Treasury from which they were appropriated or transferred into the fund, upon certification of the State Superintendent of Public Education that the state funds currently are not needed.
SECTION 28. Section 37-23-1, Mississippi Code of 1972, is amended as follows:
37-23-1. The purpose of Sections 37-23-1 through 37-23-159 is to mandate free appropriate public educational services and equipment for exceptional children in the age range three (3) through twenty (20) for whom the regular school programs are not adequate and to provide, on a permissive basis, a free appropriate public education, as a part of the state's early intervention system in accordance with regulations developed in collaboration with the agency designated as "lead agency" under Part C of the Individuals with Disabilities Education Act. The portion of the regulations developed in collaboration with the lead agency which are necessary to implement the programs under the authority of the State Board of Education shall be presented to the State Board of Education for adoption. This specifically includes, but shall not be limited to, provision for day schools for the deaf and blind of an age under six (6) years, where early training is in accordance with the most advanced and best approved scientific methods of instruction, always taking into consideration the best interests of the child and his improvement at a time during which he is most susceptible of improvement. Educational programs to exceptional children under the age of three (3) years shall be eligible for adequate education program funds.
All references in the laws of this state to the "Individuals with Disabilities Education Act" or to the "IDEA" shall be construed to include any subsequent amendments to that act.
The educational programs and services provided for exceptional children in Sections 37-23-1 through 37-23-15, 37-23-31 through 37-23-35, 37-23-61 through 37-23-75 and 37-23-77 shall be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success. The State Board of Education shall establish an accountability system for special education programs and students with disabilities. The system shall establish accountability standards for services provided to improve the educational skills designed to prepare children for life after their years in school. These standards shall be a part of the accreditation system and shall be implemented before July 1, 1996.
The State Department of Education shall establish goals for the performance of children with disabilities that will promote the purpose of IDEA and are consistent, to the maximum extent appropriate, with other goals and standards for children established by the State Department of Education. Performance indicators used to assess progress toward achieving those goals that, at a minimum, address the performance of children with disabilities on assessments, drop-out rates, and graduation rates shall be developed. Every two (2) years, the progress toward meeting the established performance goals shall be reported to the public and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
SECTION 29. Section 37-23-147, Mississippi Code of 1972, is amended as follows:
37-23-147. (1) The State Department of Education shall establish goals for the performance of children with disabilities that will promote the purpose of IDEA and are consistent, to the maximum extent appropriate, with other goals and standards for children established by the State Department of Education. Performance indicators used to assess progress toward achieving those goals that, at a minimum, address the performance of children with disabilities on assessments, drop-out rates, and graduation rates shall be developed. Every two (2) years, the progress toward meeting the established performance goals shall be reported to the public and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
(2) To encourage the full inclusion of children with disabilities in all aspects of academic and extracurricular activities, the State Department of Education shall provide special recognition to the schools receiving such designation and their school districts. Examples of such recognition may include, but not be limited to: public announcements and events, certificates of recognition and plaques for teachers, principals, superintendents and parents, and media announcements utilizing the services of Mississippi Educational Television. This special recognition shall be awarded to one (1) elementary, one (1) middle school, and one (1) high school, based on entries submitted to the Mississippi Advisory Committee for Special Education by the deadline of March 31. These entries shall be in the form of a report, not to exceed five (5) pages, listing name, address and telephone number of the school district/school; teacher or staff responsible for administering the program; type of position held by each of these employees including credentials; description of the program; number of students with disabilities included; type and level of severity of disabilities; number of students without disabilities involved in the program; how long the program has been in operation; benefit of program to all students; and a description of how this program could be replicated by other school districts. Winners of the Exemplary Inclusion Program contest shall be chosen by the Mississippi Advisory Committee for Special Education in April of each year.
Recognition shall be given to these schools during the May Mississippi State Board of Education meeting each year. Information on these exemplary programs shall be provided to other school districts and the general public through news releases, the state department website, and other similar avenues.
SECTION 30. Section 37-23-148, Mississippi Code of 1972, is amended as follows:
37-23-148. (1) Children with disabilities shall be included in general statewide and district-wide assessments programs, with appropriate accommodations, where necessary. As appropriate, the State Department of Education and the local educational agency shall:
(a) Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and
(b) Develop and, beginning not later than July 1, 2000, conduct those alternate assessments.
(2) The State Department of Education shall make available to the public, and report to the public and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(a) The number of children with disabilities participating in regular assessments;
(b) The number of children participating in alternate assessments;
(c) The performance of those children on regular assessments, beginning not later than July 1, 1998, and on alternate assessments, not later than July 1, 2000, if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children; and
(d) Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.
SECTION 31. Section 37-27-25, Mississippi Code of 1972, is amended as follows:
37-27-25. The board of trustees of agricultural high schools shall make detailed statements of receipts and disbursements to the board or boards of supervisors and the county superintendent or superintendents of education annually on the first Monday of July. The county superintendent of education shall transmit to the State Superintendent of Public Education, a copy of said detailed statement which shall be embodied in his annual report to the Legislature and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
SECTION 32. Section 37-27-79, Mississippi Code of 1972, is amended as follows:
37-27-79. (1) The State
Board of Education shall review and develop a report relating to the need for a
separate board of trustees and separate administrative office for the Coahoma
Agricultural High School, the Forrest Agricultural High School and the Hinds
Agricultural High School and shall annually submit this finding with
recommendations for any necessary legislation to the Chairmen of the Senate and
House Education Committees and to the Joint Legislative Committee on
Performance Evaluation and Expenditure
Review (PEER) on or before December 1, * * * for consideration in the * * * approaching Regular Session of
the Mississippi Legislature. Said report shall include any necessary
recommendations for the consolidation and transfer of administrative offices,
transfer of real and personal property, and transfer of students from such
agricultural high school to the appropriate school district.
(2) Any agricultural high school in this state (whether maintained by one (1) county or more than one (1) county) may be abolished when twenty percent (20%) of the qualified electors residing in such county or counties shall file a petition with the board of supervisors or boards of supervisors of such county or counties, and request that such school be abolished. Thereupon, the question shall be submitted to an election of the qualified electors of the county or counties within not less than thirty (30) days nor more than sixty (60) days after the next meeting of the board of supervisors or boards of supervisors after the filing of the petition. At such election said electors may vote for abolishing the agricultural high school or against abolishing the agricultural high school. If a majority of the votes cast in such election be in favor of abolishing such school, then such school shall be abolished. If less than a majority of those voting fail to vote for abolishing such school then it shall not be abolished but shall be supported and maintained as now provided by law. When an election is called under this section and the school is not abolished, then another election cannot be held for a period of two (2) years.
SECTION 33. Section 37-28-31, Mississippi Code of 1972, is amended as follows:
37-28-31. (1) The authorizer shall monitor annually the performance and legal compliance of each charter school it oversees, including collecting and analyzing data to support the school's evaluation according to the charter contract. The authorizer may conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this act, adhere to the terms of the charter contract and do not unduly inhibit the autonomy granted to charter schools.
(2) As part of its annual report to the Legislature and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), the authorizer shall publish and provide a performance report for each charter school it oversees in accordance with the performance framework set forth in the charter contract. The report must be made available to the public at the same time as it is submitted to the Legislature and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER). The authorizer may require each charter school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school, consistent with the performance framework.
(3) If a charter school's performance or legal compliance is unsatisfactory, the authorizer shall notify promptly the charter school of the problem and provide reasonable opportunity for the school to remedy the problem unless the problem warrants revocation, in which case the revocation timeframes will apply.
(4) The authorizer may take appropriate corrective actions or exercise sanctions in response to apparent deficiencies in a charter school's performance or legal compliance. If warranted, the actions or sanctions may include requiring a charter school to develop and execute a corrective action plan within a specified timeframe.
SECTION 34. Section 37-31-111, Mississippi Code of 1972, is amended as follows:
37-31-111. An annual report on program activities and results shall be prepared by the State Department of Education, vocational division, and submitted to the Legislature and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) with the overall annual vocational education report.
SECTION 35. Section 37-37-3, Mississippi Code of 1972, is amended as follows:
37-37-3. In addition to all auditors and other employees now or hereafter provided by law, the State Auditor may appoint and employ examiners in the Department of Audit. The examiners shall make such audits as may be necessary to determine the correctness and accuracy of all reports made to the State Department of Education and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) by any school district or school official concerning the number of educable students in any school district, the number of students enrolled in any school district, the number of students in average daily attendance in any school district, and the number of students being transported or entitled to transportation to any of the public schools of this state.
SECTION 36. Section 37-37-9, Mississippi Code of 1972, is amended as follows:
37-37-9. Upon completion of each review or audit, the State Auditor shall prepare a report setting forth the audit results and findings, specifically noting all exceptions or violations of any existing law. Copies thereof shall be furnished to the State Department of Education and each school district reviewed or audited. The original copy shall be retained in the Office of the State Auditor as a permanent record thereof and shall be subject to public inspection. The State Auditor shall complete a comprehensive annual report summarizing results of reviews or audits each year and provide the report to the State Department of Education, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and to the Education Committees of the Mississippi House of Representatives and Senate.
SECTION 37. Section 37-43-51, Mississippi Code of 1972, is amended as follows:
37-43-51. The management of all public, private, parochial or denominational schools wherein the board is furnishing to the students thereof free school textbooks and said free school textbooks are used by the students in said school, shall file annually with the State Board of Education and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) any and all reports as may be required by the board.
Any person who shall refuse, neglect or fail to file any report required by the board shall be denied a new allocation of funds until such reports have been completed and filed with the board.
SECTION 38. Section 37-106-55, Mississippi Code of 1972, is amended as follows:
37-106-55. (1) There is established the "Critical Needs Teacher Forgivable Loan Program," the purpose of which is to attract qualified teachers to those geographical areas of the state and those subject areas of the curriculum where there exists a critical shortage of teachers by awarding forgivable loans to persons declaring an intention to serve in the teaching field who actually render service to the state while possessing an appropriate teaching license.
(2) Individuals shall not be eligible to enroll in the Critical Needs Teacher Scholarship Program after the 2014-2015 academic year, and in subsequent years individuals are encouraged to apply to the Teaching Fellows Program established in Section 37-106-77. Any individual who is enrolled in or accepted for enrollment at a teacher education program approved by the State Board of Education or other program at a baccalaureate degree-granting institution of higher learning in the State of Mississippi and has a passing score on the Praxis I Basic Skills Test who expresses in writing an intention to teach in a geographical area of the state or a subject area of the public school curriculum in which there exists a critical shortage of teachers, as designated by the State Board of Education, shall be eligible for a forgivable loan to be applied toward the costs of the individual's college education. The annual amount of the award shall be equal to the total cost for tuition, room and meals, books, materials and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition, room and meals, books, materials and fees assessed by a state institution of higher learning during that school year. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.
(3) Awards granted under the Critical Needs Teacher Forgivable Loan Program shall be available to both full-time and part-time students. Students enrolling on a full-time basis may receive a maximum of two (2) annual awards. The maximum number of awards that may be made to students attending school on a part-time basis, and the maximum time period for part-time students to complete the number of academic hours necessary to obtain a baccalaureate degree in education, shall be established by rules and regulations promulgated by the board. Critical Needs Teacher Forgivable Loans shall not be based upon an applicant's financial need.
(4) Awards granted under the Critical Needs Teacher Forgivable Loan Program shall be made available to nontraditional licensed teachers showing a documented need for student loan repayment and employed in those school districts designated by the State Board of Education as a geographical area of the state or in a subject area of the curriculum in which there is a critical shortage of teachers. The maximum annual amount of this repayment should not exceed Three Thousand Dollars ($3,000.00) and the maximum time period for repayment shall be no more than four (4) years.
(5) Except in those cases where employment positions may not be available upon completion of licensure requirements, at the beginning of the first school year in which a recipient of a Critical Needs Teacher Forgivable Loan is eligible for employment as a licensed teacher or a nontraditional teacher intern pursuant to Section 37-3-2(6)(b), that person shall begin to render service as a licensed teacher or nontraditional teacher intern in a public school district in a geographical area of the state or a subject area of the curriculum where there is a critical shortage of teachers, as approved by the State Board of Education.
(6) Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person's teaching license by the State Board of Education.
(7) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
(8) The board shall promulgate rules and regulations necessary for the proper administration of the Critical Needs Teacher Forgivable Loan Program.
(9) The State Board of
Education shall compile and report, in consultation with the board, an annual
report with findings and recommendations to the legislative committees on
education and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) by
December 1, * * * on the following:
(a) The number of participants in the Critical Needs Teacher Forgivable Loan Program, by institution and by freshman, sophomore, junior and senior level;
(b) The number of nontraditional teacher license program participants;
(c) The number of individuals who completed the Critical Needs Teacher Forgivable Loan Program and the school district in which they are employed;
(d) The number of individuals who are in default of their obligation under the Critical Needs Teacher Forgivable Loan Program and the status of their obligation;
(e) The number of participants in the program who have successfully completed the Praxis examination in their junior year; and
(f) The number of noneducation majors participating in the program.
(10) Where local school districts exhibit financial need, the State Department of Education may, subject to the availability of funds specifically appropriated therefor by the Legislature, provide financial assistance for the recruitment of certified teachers in an amount not to exceed Seventy-five Thousand Dollars ($75,000.00) annually.
This section shall stand repealed July 1, 2020.
SECTION 39. Section 37-131-11, Mississippi Code of 1972, is amended as follows:
37-131-11. All demonstration or practice schools established under the provisions of Section 37-131-1 shall, as far as may be practicable, be subject to and governed by the same laws as other public schools of the State of Mississippi, and shall make all reports required by law to be made by public schools to the State Board of Education or the state educational finance commission and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) at the same time and in the same manner as such reports are made by other public schools. However, for the purpose of the allocation of minimum education program funds, the reports of children in average daily attendance shall be made to the school district involved by said demonstration or practice school, and a copy thereof shall be filed with the State Board of Education. The school district shall use said reports so filed with it in making its reports to the State Board of Education and to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) for the purpose of the allocation of minimum education program funds but the average daily attendance of the pupils attending such demonstration or practice school shall be segregated and separated in such reports from the average daily attendance in the regular schools of the district.
SECTION 40. Section 37-151-9, Mississippi Code of 1972, is amended as follows:
37-151-9. (1) The State Board of Education and State Superintendent of Education shall establish within the State Department of Education a special unit at the division level called the Office of Educational Accountability. The Director of the Office of Educational Accountability shall hold a position comparable to a deputy superintendent and shall be appointed by the State Board of Education with the advice and consent of the Senate. He shall serve at the will and pleasure of the State Board of Education and may employ necessary professional, administrative and clerical staff. The Director of the Office of Educational Accountability shall provide all reports to the Legislature, Governor, Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), Mississippi Commission on School Accreditation and State Board of Education and respond to any inquiries for information.
(2) The Office of Educational Accountability is responsible for monitoring and reviewing programs developed under the Education Reform Act, the Mississippi Adequate Education Program Act of 1994, the Education Enhancement Fund, and subsequent education initiatives, and shall provide information, recommendations and an annual assessment to the Legislature, Governor, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), Mississippi Commission on School Accreditation and the State Board of Education. Commencing in 1995, the annual assessment of education reform programs shall be performed by the Office of Educational Accountability by December 1 of each year. The Office of Educational Accountability shall specifically monitor the implementation of Level III accreditation in all school districts, and shall make an assessment with recommendations to the 1996 Regular Session of the Legislature.
(3) In addition, the Office of Educational Accountability shall have the following specific duties and responsibilities:
(a) Developing and maintaining a system of communication with school district personnel;
(b) Provide opportunities for public comment on the current functions of the State Department of Education's programs, needed public education services and innovative suggestions;
(c) Assess both positive and negative impact on school districts of new education programs, including but not limited to The Mississippi Report Card and alternative school programs.
SECTION 41. Section 37-151-97, Mississippi Code of 1972, is amended as follows:
37-151-97. The State Department of Education shall develop an annual reporting process to inform the Legislature, local district personnel, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and the general public as to the ongoing and future plans for the state's educational programs. The annual reporting process will include those vital statistics that are commonly reported by schools and districts and that can provide clear demographic, strategic and educational information to constituencies such as, but not limited to, the following information:
(a) Student enrollment, attendance, drop-out and graduation;
(b) Overall student and district achievement;
(c) Budget, administrative costs and other pertinent fiscal information, including:
(i) The receipts and disbursements of all school funds handled by the board;
(ii) Reports of expenditures for public schools, which, upon request must be made available on an individual district basis by the State Department of Education;
1. Total Student Expenditures:
a. Instruction (1000s);
b. Other Student Instructional Expenditures (2100s, 2200s);
2. General Administration (2300s and 2500s);
3. School Administration (2400s);
4. Other Expenditures (2600s, 2700s, 2800s, 3100s, 3200s); and
5. Nonoperational Expenditures (4000s, 5000s, 6000s);
(iii) The number of school districts, schoolteachers employed, school administrators employed, pupils taught and the attendance record of pupils therein;
(iv) County and district levies for each school district and agricultural high school;
(v) The condition of vocational education, a list of schools to which federal and state aid has been given, and a detailed statement of the expenditures of federal funds and the state funds that may be provided, and the ranking of subjects taught as compared with the state's needs.
(d) Other as directed by the State Board of Education.
Further, the reporting process will include an annual report developed specifically to relate the mission and goals of the State Board of Education, State Superintendent of Public Education and departments. This document will become the method through which the strategic planning and management process of the department is articulated to the public. It will explain and inform the public of the major initiatives of the department and clearly identify rationale for program development and/or elimination. The report will establish benchmarks, future plans and discuss the effectiveness of educational programs.
In addition to the information specified herein, the State Board of Education shall have full and plenary authority and power to require the furnishing of such further, additional and supplementary information as it may deem necessary for the purpose of determining the cost of the adequate education program in such school district for the succeeding fiscal year, the amount of the adequate education program funds to be allotted to each school district for the succeeding fiscal year, and for any other purpose authorized by law or deemed necessary by said State Board of Education.
It shall be the duty of the State Department of Education to prescribe the forms for the reports provided for in this section.
SECTION 42. Section 37-161-5, Mississippi Code of 1972, is amended as follows:
37-161-5. (1) There is established a commission to be known as the "Lifelong Learning Commission."
(2) The commission shall consist of four (4) members, who shall serve ex officio, as follows:
(a) The Governor of the State of Mississippi, who shall serve as chairman;
(b) The State Superintendent of Public Education;
(c) The Commissioner of the Mississippi Community College Board; and
(d) The Commissioner of Higher Education.
(3) The duties of the Lifelong Learning Commission shall include, but not necessarily be limited to, the following:
(a) To assess the dropout crisis in Mississippi and recommend action steps to address it;
(b) To create a set of common definitions for graduation and dropout rates which can be used to compare the commission's progress relative to other states;
(c) To facilitate agreements that will make the Mississippi high school experience more meaningful;
(d) To encourage more rigor and relevance in the high school experience;
(e) To facilitate the transferability of education from secondary to postsecondary institutions;
(f) To raise state awareness on the need for improving Mississippi's high schools;
(g) To develop a series of best practices policy actions that state policymakers and legislators can implement to achieve system-wide high school reform; and
(h) To convene town hall meetings around the state, when the commission determines necessary, where students, teachers, administrators and parents can discuss high school, the senior year and impediments to greater success.
(4) The commission may
prepare an annual report for the consideration of the Chairmen of the House and
Senate Education, * * *and Universities and Colleges Committees and to the Joint
Legislative Committee on Performance Evaluation
and Expenditure Review (PEER) pertaining to the information gathered
in the performance of its duties.
(5) The commission members shall meet at those times and places deemed necessary by the commission. The commission may use any available resources to fulfill its mission.
SECTION 43. Section 37-173-19, Mississippi Code of 1972, is amended as follows:
37-173-19. (1) The department shall publicize information regarding the Mississippi Dyslexia Therapy Scholarship on the department's official website.
(2) Annually, by December
15, report to the Governor, the Lieutenant Governor, * * * the Speaker of the House of Representatives
and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER)
the State Department of Education's actions with respect to implementing
accountability in the scholarship program under this section, any substantiated
allegations or violations of law or rule by an eligible nonpublic school under
this program concerning the enrollment and attendance of students, the credentials
of teachers, background screening of teachers, and teachers' fingerprinting
results and the corrective action taken by the Department of Education.
SECTION 44. Section 37-175-19, Mississippi Code of 1972, is amended as follows:
37-175-19. (1) The department shall publicize information regarding the Mississippi Speech-Language Therapy Scholarship on the department's official website.
(2) The department shall
annually, by December 15, report to the Governor, the Lieutenant Governor, * * * the Speaker of the House of Representatives
and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER)
the department's actions with respect to implementing accountability in the
scholarship program under this section, any substantiated allegations or
violations of law or rule by an eligible nonpublic school under this program
concerning the enrollment and attendance of students, the credentials of
teachers, background screening of teachers, and teachers' fingerprinting
results and the corrective action taken by the department.
SECTION 45. Section 37-177-17, Mississippi Code of 1972, is amended as follows:
37-177-17. (1) Within thirty (30) days of final State Board of Education approval of state accountability results, the school board of each school district must publish, in a newspaper having a general circulation within the school district, and report to the State Board of Education, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and the Mississippi Reading Panel the following information relating to the preceding school year:
(a) The provisions of this chapter relating to public school student progression and the school district's policies and procedures on student retention and promotion;
(b) By grade, the number and percentage of all students performing at each level of competency on the reading and math portion of the annual state accountability system and the number and percentage of students given an approved alternative standardized reading assessment and the percentage of these students performing at each competency level on said alternative standardized assessment;
(c) By grade, the number and percentage of all students retained in kindergarten through Grade 8;
(d) Information on the total number and percentage of students who were promoted for good cause, by each category of good cause described in Section 37-177-11; and
(e) Any revisions to the school board's policy on student retention and promotion from the prior school year.
(2) The State Department of Education shall establish a uniform format for school districts to report the information required in subsection (1) of this section. The format must be developed with input from school boards and must be provided no later than ninety (90) days before the annual due date of the information. The department shall compile annually the required district information, along with state-level summary information, and report the information to the Governor, Senate, House of Representatives, Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and general public.
SECTION 46. Section 37-3-11, Mississippi Code of 1972, is brought forward as follows:
37-3-11. The State Superintendent of Public Education shall perform the duties assigned to him by the State Board of Education, and he shall have the following duties:
(a) To serve as secretary for the State Board of Education;
(b) To be the chief administrative officer of the State Department of Education;
(c) To recommend to the State Board of Education, for its consideration, rules and regulations for the supervision of the public schools and agricultural high schools of the school districts throughout the state and for the efficient organization and conduct of the same;
(d) To collect data and make it available to the state board for determining the proper distribution of the state common school funds;
(e) To keep a complete record of all official acts of the State Superintendent and the acts of the State Board of Education;
(f) To prepare, have printed and furnish all officers charged with the administration of the laws pertaining to the public schools, such blank forms and books as may be necessary to the proper discharge of their duties, which printing is to be paid for out of funds provided by the Legislature;
(g) To have printed in pamphlet form the laws pertaining to the public schools and publish therein forms for conducting school business, the rules and regulations for the government of schools that the State Superintendent or the State Board of Education may recommend, and such other matters as may be deemed worthy of public interest pertaining to the public schools, which printing is to be paid for out of funds provided by the Legislature;
(h) To meet all superintendents annually at such time and place as the State Superintendent shall appoint for the purpose of accumulating facts relative to schools, to review the educational progress made in the various sections of the state, to compare views, discuss problems, hear discussions and suggestions relative to examinations and qualifications of teachers, methods of instruction, textbooks, summer schools for teachers, visitation of schools, consolidation of schools, health work in the schools, vocational education and other matters pertaining to the public school system;
(i) To advise all superintendents upon all matters involving the welfare of the schools, and at the request of any superintendent, to give an opinion upon a written statement of facts on all questions and controversies arising out of the interpretation and construction of the school laws, in regard to rights, powers and duties of school officers and superintendents, and to keep a record of all such decisions. Before giving any opinion, the superintendent may submit the statement of facts to the Attorney General, and it shall be the duty of the Attorney General forthwith to examine such statement and suggest the proper decision to be made upon such fact;
(j) To require annually, and as often as the State Superintendent may deem proper, of all superintendents, detailed reports on the educational business of the various districts;
(k) On or before January 10 in each year to prepare, under the direction of the State Board of Education, the annual information report of the State Department of Education as described in Section 37-151-97;
(l) To determine the number of educable children in the several school districts under rules and regulations prescribed by the State Board of Education; and
(m) To perform such other duties as may be prescribed by the State Board of Education.
SECTION 47. Section 37-20-9, Mississippi Code of 1972, is brought forward as follows:
37-20-9. (1) The State Department of Education shall provide technical assistance to districts and carry out the responsibilities of reviewing, monitoring and evaluating the programs conducted under this chapter.
(2) The State Board of Education shall adopt rules which, in its opinion, are necessary to assure that the programs in each school district are carried out in a manner consistent with the purpose and intent of this chapter. The State Board of Education shall develop a procedure for approving or denying local program applications within sixty (60) days of their receipt by the State Department of Education. The State Department of Education shall include in its annual report the number of students participating in programs under this chapter, the extent to which student achievement has increased, the programs which appear to be most successful, and an analysis of the expenditure of funds by district.
SECTION 48. Section 37-21-51, Mississippi Code of 1972, is brought forward as follows:
37-21-51. (1) As used in this section:
(a) "Preschool or prekindergarten children" means any children who have not entered kindergarten but will have obtained four (4) years of age on or before September 1 of a school year.
(b) An "early learning collaborative" is a district or countywide council that writes and submits an application to participate in the voluntary prekindergarten program. An early learning collaborative is comprised, at a minimum, of a public school district and/or a local Head Start affiliate if in existence, private or parochial schools, or one or more licensed child care centers. Agencies or other organizations that work with young children and their families may also participate in the collaborative to provide resources and coordination even if those agencies or organizations are not prekindergarten providers.
(c) A "prekindergarten provider" is a public, private or parochial school, licensed child care center or Head Start center that serves prekindergarten children and participates in the voluntary prekindergarten program.
(d) A "lead partner" is a public school district or other nonprofit entity with the instructional expertise and operational capacity to manage the early learning collaborative's prekindergarten program as described in the collaborative's approved application for funds. The lead partner serves as the fiscal agent for the collaborative and shall disburse awarded funds in accordance with the collaborative's approved application. The lead partner must facilitate a professional learning community for the teachers in the prekindergarten program and lead the collaborative. The lead partner ensures that the collaborative adopts and implements curriculum and assessments that align with the comprehensive early learning standards. The public school district shall be the lead partner if no other qualifying lead partner is selected.
(e) "Comprehensive early learning standards" are standards adopted by the State Board of Education that address the highest level of fundamental domains of early learning to include, but not be limited to, physical well-being and motor development, social/emotional development, approaches toward learning, language development and cognition and general knowledge. The comprehensive early learning standards shall also include standards for emergent literacy skills, including oral communication, knowledge of print and letters, phonological and phonemic awareness, and vocabulary and comprehension development.
(f) A "research-based curriculum" is an age-appropriate curriculum that is based on the findings of current research and has been found to be effective in improving student learning.
(2) To ensure that all children have access to quality early childhood education and development services, the Legislature finds and declares the following:
(a) Parents have the primary duty to educate their young preschool children;
(b) The State of Mississippi can assist and educate parents in their role as the primary caregivers and educators of young preschool children;
(c) There is a need to explore innovative approaches and strategies for aiding parents and families in the education and development of young preschool children; and
(d) There exists a patchwork of prekindergarten entities but no coordination of services and there needs to be a coordination of these services.
(3) (a) This subsection shall be known and may be cited as the "Early Learning Collaborative Act of 2013."
(b) Effective with the 2013-2014 school year, the Mississippi State Department of Education shall establish a voluntary prekindergarten program, which shall be a collaboration among the entities providing prekindergarten programs including Head Start, licensed child care facilities and licensed public, parochial and private school prekindergarten programs. This program shall be implemented no later than the 2014-2015 school year. Enrollment in the prekindergarten program shall be coordinated with the Head Start agencies in the local areas and shall not be permitted to cause a reduction in children served by the Head Start program. Under this program, eligible entities may submit an application for funds to (i) defray the cost of additional and/or more qualified teaching staff, appropriate educational materials and equipment and to improve the quality of educational experiences offered to four-year-old children in early care and education programs, and/or to (ii) extend developmentally appropriate education services at such programs currently serving four-year-old children to include practices of high quality instruction, and to (iii) administer, implement, monitor and evaluate the programs, and to (iv) defray the cost of professional development and age-appropriate child assessment.
(c) Subject to the availability of funds appropriated therefor, the State Department of Education shall administer the implementation, monitoring and evaluation of the voluntary prekindergarten program, including awards and the application process.
(i) The department shall establish a rigorous and transparent application process for the awarding of funds. Lead partners shall submit the applications on behalf of their early learning collaborative.
(ii) The department will establish monitoring policies and procedures that, at a minimum, will include at least one (1) site visit a year.
(iii) The department will provide technical assistance to collaboratives and their providers to improve the quality of prekindergarten programs.
(iv) The department will evaluate the effectiveness of each early childhood collaborative and each prekindergarten provider. If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall adopt a minimum rate of readiness that each prekindergarten provider must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program must submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.
(d) Prekindergarten program funds shall be awarded to early childhood collaboratives whose proposed programs meet the program criteria. The criteria shall include:
(i) Voluntary enrollment of children;
(ii) Collaboration among prekindergarten providers and other early childhood programs through the establishment of an early learning collaborative;
(iii) Qualifications of master teachers, teachers and assistants, which must conform to guidelines in Section 37-21-3;
(iv) At least fifteen (15) hours of annual professional development for program instructional staff, including professional development in early literacy;
(v) The use of state-adopted comprehensive early learning standards;
(vi) The use of a research-based curriculum that is designed to prepare students to be ready for kindergarten, with emphasis in early literacy, and is aligned with the comprehensive early learning standards;
(vii) The use of age-appropriate assessments aligned to the comprehensive early learning standards;
(viii) Teacher/child ratios of one (1) adult for every ten (10) children with a maximum of twenty (20) children per classroom and a minimum of five (5) children per classroom;
(ix) The provision of at least one (1) meal meeting state and federal nutrition guidelines for young children;
(x) Plans to screen and/or refer children for vision, hearing and other health issues;
(xi) Parent involvement opportunities;
(xii) Plans to serve children with disabilities as indicated under IDEA;
(xiii) The number of instructional hours to be provided, which shall equal no less than five hundred forty (540) instructional hours per school year for half-day programs and one thousand eighty (1,080) instructional hours per school year for full-day programs; and
(xiv) A budget detailing the use of funds for allowed expenses.
Participating child care centers shall: (a) meet state child care facility licensure requirements unless exempted under Section 43-20-5, Mississippi Code of 1972, and (b) select and utilize a nationally recognized assessment tool, approved by the State Department of Education, designed to document classroom quality, which must be in place not later than July 1, 2016, as certified by the State Department of Education.
Within the prekindergarten program, a prekindergarten provider must comply with the antidiscrimination requirements applicable to public schools. A prekindergarten provider may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the prekindergarten program, in violation of these antidiscrimination requirements. However, a prekindergarten provider may refuse to admit a child based on the provider's standard eligibility guidelines, provided that these guidelines do not violate the antidiscrimination requirements. Consistent with the Legislature's recognition of the primacy of a parent's role in the education of a preschool-age child and the related recognition of the state in assisting and educating parents in that role, if the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall recognize each child's unique pattern of development when adopting a minimum rate of readiness that prekindergarten providers must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program may submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.
The State Department of Education may add program criteria not inconsistent with these requirements and shall develop policies and procedures to implement and enforce these criteria.
(e) The State Department of Education shall ensure that early learning collaboratives provide each parent enrolling a child in the voluntary prekindergarten program with a profile of every prekindergarten provider participating in the collaborative's geographic catchment area. The State Department of Education shall prescribe the information to be included in each profile as well as the format of the profiles. At a minimum, the profiles must include the prekindergarten provider's services, curriculum, instructor credentials and instructor-to-student ratio.
(f) A teacher, assistant teacher or other employee whose salary and fringe benefits are paid from state funds under this act shall only be classified as a state or local school district employee eligible for state health insurance benefits or membership in the Public Employees' Retirement System, if the person's employer is already an agency or instrumentality of the state, such as a school district, and the employee would be eligible for such benefits in the normal course of business.
(g) Funding shall be provided for this program beginning with the 2014 fiscal year subject to appropriation by the Legislature as provided in paragraph (h) of this subsection. The department shall make an annual report to the Legislature and the Governor regarding the effectiveness of the program. The PEER Committee shall review those reports and other program data and submit an independent evaluation of program operation and effectiveness to the Legislature and the Governor on or before October 1 of the calendar year before the beginning of the next phased-in period of funding.
(h) (i) The Legislature shall appropriate funds to implement the Early Education Collaborative Act of 2013 on a phased-in basis as follows:
1. The first phase shall be based on an annual state appropriation of not more than Eight Million Dollars ($8,000,000.00) and shall serve approximately three thousand five hundred (3,500) children through five (5) to eight (8) early learning collaboratives and their prekindergarten providers;
2. The second phase shall be based on an annual state appropriation of not more than Sixteen Million Dollars ($16,000,000.00) and shall serve approximately seven thousand (7,000) children through ten (10) to fifteen (15) early learning collaboratives and their prekindergarten providers;
3. The third phase shall be based on an annual state appropriation of not more than Thirty-three Million Nine Hundred Fifty Thousand Dollars ($33,950,000.00) and shall serve approximately fifteen thousand (15,000) children through twenty (20) to twenty-five (25) early learning collaboratives and their prekindergarten providers.
(ii) Future phases shall be based on interest in the program and the effectiveness of the program as determined by the school readiness of participants. Each phase shall last for at least three (3) years but no more than five (5) years. The State Department of Education shall determine when to move to a new phase of the program, within the timeline provided herein.
(iii) Funding shall be provided to early learning collaboratives on the basis of Two Thousand One Hundred Fifty Dollars ($2,150.00) per student in a full-day program and One Thousand Seventy-five Dollars ($1,075.00) per student in a half-day program proposed in the collaborative's approved application. Once an early learning collaborative's plan is approved and funded, the collaborative and/or its prekindergarten providers shall receive funds on an ongoing basis unless the collaborative and/or its prekindergarten providers no longer meet the criteria to participate in the program.
(iv) Early learning collaboratives shall match state funds on a 1:1 basis. Local matching funds may include local tax dollars, federal dollars as allowed, parent tuition, philanthropic contributions, or in-kind donations of facilities, equipment and services required as part of the program such as food service or health screenings.
(v) The State Department of Education shall reserve no more than five percent (5%) of the appropriation in any year for administrative costs. Funds remaining after awards to early learning collaboratives and the department's administrative needs are met may be carried over in the following year. In the first year of implementation of the program, the department may delay the awarding of funds until the 2014-2015 school year should time not be sufficient to establish the program's operation prior to the 2013-2014 school year.
(vi) In the initial phase of implementation, the State Department of Education shall award state funds under the Early Learning Collaborative Act of 2013 based on a community's capacity, commitment and need. To determine capacity, commitment and need, the State Department of Education shall require evidence of existing strong local collaborations of early education stakeholders. Such evidence shall include, but not be limited to, collaborations resulting from any of the following:
1. Participation in Excel By 5;
2. Participation in Supporting Partnerships to Assure Ready Kids (SPARK);
3. Participation in the Gilmore Early Learning Initiative (GELI); or
4. Participation in the Mississippi Building Blocks.
In determining community need, the department shall consider low academic achievement within the public school districts participating in an applicant early learning collaborative and the number and percentage of children without quality prekindergarten options.
(vii) All authority granted to the State Department of Education to establish program rules is subject to the public processes established in the provisions of the Mississippi Administrative Procedures Law, including, but not limited to, filing notice of the proposed rules, public hearings and any economic impact statement with the Office of the Secretary of State before presenting such information to the State Board of Education for final approval.
SECTION 49. Section 37-23-15, Mississippi Code of 1972, is brought forward as follows:
37-23-15. (1) The State Department of Education, in accordance with Sections 37-23-1 through 37-23-75, and any additional authority granted in this chapter, shall:
(a) Adopt pilot programs under which certain students enrolled or enrolling in public schools in this state shall be tested for dyslexia and related disorders as may be necessary. The pilot programs shall provide that upon the request of a parent, student, school nurse, classroom teacher or other school personnel who has reason to believe that a student has a need to be tested for dyslexia, such student shall be reviewed for appropriate services. However, a student shall not be tested for dyslexia whose parent or guardian objects thereto on grounds that such testing conflicts with his conscientiously held religious beliefs.
(b) In accordance with the pilot programs adopted by the State Department of Education, such school boards shall provide remediation in an appropriate multi-sensory, systematic language-based regular education program or programs, as determined by the school district, such as the Texas Scottish Rite Hospital Dyslexia Training Program, pertinent to the child's physical and educational disorders or the sensory area in need of remediation for those students who do not qualify for special education services.
(c) The State Department of Education, by not later than January 1, 1997, shall make recommendations to the school boards designated for the pilot programs for the delivery of services to students who are identified as dyslexic.
(d) For the purposes of this section:
(i) "Dyslexia" means a language processing disorder which may be manifested by difficulty processing expressive or receptive, oral or written language despite adequate intelligence, educational exposure and cultural opportunity. Specific manifestations may occur in one or more areas, including difficulty with the alphabet, reading comprehension, writing and spelling.
(ii) "Related disorders" shall include disorders similar to or related to dyslexia such as developmental auditory imperception, dysphasia, specific developmental dyslexia, dyspraxia, developmental dysgraphia and developmental spelling disability.
(e) Local school districts designated for the pilot programs may utilize any source of funds other than minimum program funds to provide any services under this section.
(f) Nothing in this section shall be construed to require any school district to implement this section unless the local school board, by resolution spread on its minutes, voluntarily agrees to comply with this section and any regulations promulgated under this section. Any local school board may withdraw from participation in the program authorized under this section by providing written notice of its determination to withdraw to the State Department of Education no later than June 1 of the preceding fiscal year.
(2) State funding for the pilot programs for testing students for dyslexia shall be subject to the availability of funds specifically appropriated therefor by the Legislature.
(3) The State Department of Education shall prepare a report for the 1999 Regular Session of the Legislature to be submitted to the Chairmen of the Education Committees of the Senate and House of Representatives not later than November 1, 1998, with recommendations as to the effectiveness of the pilot programs for students with dyslexia and whether or not the pilot programs should be expanded or discontinued.
SECTION 50. Section 37-28-37, Mississippi Code of 1972, is brought forward as follows:
37-28-37. (1) Before October 1 of each year, beginning in the year that the state has had at least one (1) charter school operating for a full school year, the Mississippi Charter School Authorizer Board shall issue to the Governor, Legislature, State Board of Education and the public an annual report on the state's charter schools for the preceding school year. The report must include a comparison of the performance of charter school students with the performance of academically, ethnically and economically comparable groups of students in the school district in which a charter school is located. In addition, the report must include the authorizer's assessment of the successes, challenges and areas for improvement in meeting the purposes of this chapter. The report also must include an assessment on whether the number and size of operating charter schools are sufficient to meet demand, as calculated according to admissions data and the number of students denied enrollment based on lottery results. The report due from the authorizer under this section must be coordinated with reports due from charter school governing boards, as near as possible, to decrease or eliminate duplication.
(2) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall prepare an annual report assessing the sufficiency of funding for charter schools, the efficacy of the state formula for authorizer funding, and any suggested changes in state law or policy necessary to strengthen the state's charter schools.
SECTION 51. Section 37-151-10, Mississippi Code of 1972, is brought forward as follows:
37-151-10. (1) There is established a Center for Education Analysis which shall be an advisory group attached to the Public Education Forum of Mississippi. The Center for Education Analysis shall create a structure to systematically collect, compile and coordinate data that can be disseminated to business, legislative and education entities for decision-making purposes relating to public education. The Center for Education Analysis may enter into a contractual agreement with the Public Education Forum of Mississippi in order to place the center within the administrative framework of the Public Education Forum under the following conditions:
(a) All new programs authorized in this section are subject to the availability of funds specifically appropriated therefor by the Legislature from the Education Enhancement Fund to the Public Education Forum for the support and maintenance of the programs of the Center for Education Analysis.
(b) The Public Education Forum will provide a business framework to coordinate its recommendations and reports with the programs of the Center for Education Analysis.
(c) The Public Education Forum shall employ a director for the Center for Education Analysis with appropriate qualifications. Any public funds expended pursuant to this section shall be audited by the Mississippi Department of Audit.
There is created in the State Treasury a special fund to be known as the "Center for Education Analysis Fund." Monies may be expended out of such funds pursuant to appropriation by the Legislature, to implement the public education analysis program established under the provisions of this section. Disbursements from such fund shall be made only upon requisition of the Director for the Center for Education Analysis.
(2) The Center for Education Analysis established in subsection (1) shall develop and submit to the Legislature and the Governor an annual report on the implementation of the Mississippi Adequate Education Program funding formula and the Interim School District Capital Expenditure Fund program. The first report shall be submitted on January 1, 1999, relating to implementation of the adequate education program and interim capital expenditure program activities during the preceding fiscal year, and shall be submitted annually on January 1 of each subsequent year until January 1, 2003, at which time the report shall become a distinct part of the Mississippi Report Card describing the one hundred percent (100%) implementation of the Mississippi Adequate Education Program funding formula. The annual report shall include the following:
(a) A description of the amount of Mississippi Adequate Education Program funds available to each school district during the phase-in period compared to the amount of funds available upon full implementation of the funding formula;
(b) A description of each school district's capital expenditure plan, including:
(i) A listing of the school district facilities to be constructed, purchased, repaired, renovated, remodeled or enlarged, with designation of the nature of each such project as new construction, retrofitting/renovation, or site work and/or preparation;
(ii) For each completed capital improvement project and upon the completion of any approved capital expenditure plan, a listing by individual project of:
(A) The total dimensions of each construction, renovation or site preparation project;
(B) The total project cost in dollars;
(C) The project cost per square foot of newly constructed space or, in the case of renovation, per square foot of the principal structure affected by such renovation;
(D) The total cost of all furniture and equipment per project;
(E) The total amount of nonconstruction fees per project;
(F) The total of other costs associated with the project not otherwise included in items (A) through (E) above; and
(G) The number of classrooms created and/or affected by the project;
(iii) A listing of all school district State Aid Capital Improvement Bonds secured by Mississippi Adequate Education Program funds issued by school districts and the capital improvements funded through such bond issue;
(iv) A description of any other local bond issue proceeds combined with such funds for capital improvement purposes; and
(v) Any other appropriate information relating to capital improvements by school districts as determined by the State Board of Education;
(c) An annual assessment of the impact of additional funding under the Mississippi Adequate Education Program on such school districts with less than a Level III accreditation; and
(d) An annual assessment of the impact of teacher recruitment incentives on the employment of licensed teachers in critical teacher shortage geographic areas, including, but not limited to, all incentive programs authorized under House Bill No. 609, 1998 Regular Session [Laws, 1998, Chapter 544].
SECTION 52. This act shall take effect and be in force from and after July 1, 2016.