House Bill 989

(As Passed the House)

AN ACT TO CREATE THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT FOR THE PURPOSE OF IMPROVING CERTAIN FAILING PUBLIC SCHOOLS THROUGHOUT THE STATE; TO PROVIDE THAT THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT SHALL BE A STATEWIDE DISTRICT COMPRISED OF ALL PUBLIC SCHOOLS DISTRICTS THAT HAVE BEEN ASSIGNED AN "F" RATING OR CHRONICALLY UNDERPERFORMING UNDER THE STATE ACCREDITATION SYSTEM FOR TWO CONSECUTIVE SCHOOL YEARS; TO REQUIRE THE STATE BOARD TO OBTAIN OFFICE SPACE FOR THE DISTRICT AND TO APPOINT A HIGHLY QUALIFIED INDIVIDUAL TO SERVE AS SCHOOL DISTRICT SUPERINTENDENT; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS GOVERNING THE TRANSFER OF SCHOOL DISTRICTS FROM THE LOCAL SCHOOL DISTRICT TO THE ACHIEVEMENT SCHOOL DISTRICT; TO SPECIFY THAT SCHOOL DISTRICTS ASSIGNED AN "F" DESIGNATION FOR THE SECOND CONSECUTIVE YEAR IN THE 2017-2018 SCHOOL YEAR MUST BE ABSORBED IMMEDIATELY BY THE ACHIEVEMENT SCHOOL DISTRICT UNLESS THE ACHIEVEMENT SCHOOL DISTRICT DETERMINES THAT A GRADUAL TRANSFER OF CONTROL, COMPLETE BEFORE THE 2017-2018 SCHOOL YEAR BEGINS, IS IN THE SCHOOL DISTRICT'S BEST INTEREST; TO REQUIRE SCHOOL DISTRICTS BEING ABSORBED TO COOPERATE WITH THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT AND THE STATE BOARD OF EDUCATION IN THE SCHOOL DISTRICT'S TRANSFER; TO PROVIDE FOR THE SUBSEQUENT RETURN OF A SCHOOL DISTRICT TO LOCAL SCHOOL DISTRICT CONTROL BY THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT SUBJECT TO CERTAIN CONDITIONS BEING MET; TO REQUIRE THE SUPERINTENDENT OF THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT TO RECOMMEND HIGHLY QUALIFIED PERSONS FOR EMPLOYMENT AT A SCHOOL DISTRICT AND TO AUTHORIZE THE CONTINUED EMPLOYMENT, IN THE STATE BOARD'S DISCRETION, OF PERSONNEL EMPLOYED AT A SCHOOL THAT IS BEING ABSORBED; TO AUTHORIZE THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT TO USE THE PERSONAL AND REAL PROPERTY OF A SCHOOL DISTRICT THAT IS ABSORBED, SUBJECT TO RULES AND REGULATIONS ADOPTED JOINTLY BY THE STATE BOARD OF EDUCATION AND THE SCHOOL BOARD OF THE ACHIEVEMENT SCHOOL DISTRICT; TO PROVIDE FOR STATE AND LOCAL FUNDING OF SCHOOLS IN THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) (a) There is created the Mississippi Achievement School District for the purpose of transforming persistently failing public schools throughout the state into quality educational institutions. The Mississippi Achievement School District shall be a statewide school district, separate and distinct from all other school districts but not confined to any specified geographic boundaries, and shall be comprised of all public school districts in the state which, during two (2) consecutive school years, are designated an "F" school by the State Board of Education under the accreditation rating system or which have been persistently failing and chronically under performing.

(b) The school board of the Mississippi Achievement School District shall obtain suitable office space to serve as the administrative office of the school district.

(2) The school board of the Mississippi Achievement School District shall select an individual to serve as superintendent of the Mississippi Achievement School District. In addition to those qualifications prescribed for superintendents under Section 37-9-13, the superintendent must be deemed by the board to be highly qualified, as demonstrated by a proven record of success in education administration. The superintendent of the Mississippi Achievement School District shall exercise the same powers and duties prescribed by law for all other school district superintendents.

(3) (a) Each public school district in the state which, during each of two (2) consecutive school years, receives an "F" designation by the State Board of Education under the accreditation rating system or which have been persistently failing or chronically underperforming may be absorbed into and become a part of the Mississippi Achievement School District. Upon being absorbed into the Mississippi Achievement School District, the local school board shall be abolished and the office of superintendent terminated and the transfer of the school's governance from the local school district to the Mississippi Achievement School District shall be immediate upon the school district being designated an "F" or persistently failing or chronically underperforming school unless, in the sole determination of the Mississippi Achievement School District, the transition may be more smoothly accomplished through a gradual transfer of control. If the Mississippi Achievement School District elects not to assume complete control of a school district immediately after that school district receives an "F" designation or which have been persistently failing or chronically underperforming, the school board of the Mississippi Achievement School District shall prescribe the process and timetable by which the school district shall be absorbed; however, in no event may the transfer of the school district to the Mississippi Achievement School District be completed later than the beginning of the school year next succeeding the year during which the school district receives the "F" designation.

(b) The State Board of Education shall adopt rules and regulations governing the absorption of school districts by the Mississippi Achievement School District.

(c) Designations assigned to school districts under the accreditation rating system by the State Board of Education before the 2015-2016 school year may not be considered in determining whether a particular school district is subject to being absorbed by the Mississippi Achievement School District. During the 2017-2018 school year, any school district receiving an "F" designation after also being designated an "F" school district in the 2015-2016 and 2016-2017 school years may be absorbed immediately by the Mississippi Achievement School District.

(d) A "F" school district that is being absorbed must cooperate fully with the Mississippi Achievement School District and the State Board of Education in order to provide as smooth a transition as possible in the school districts governance and operations for the students enrolled in the school district. Upon completion of the transfer of a local school district to the Mississippi Achievement School District, the school district shall be governed by the rules, regulations, policies and procedures established by the school board of the Mississippi Achievement School District, and the school district shall no longer be under the purview of the school board of the local school district which shall be abolished as provided under paragraph (a) of this subsection. However, for purposes of providing an accurate accountability evaluation, any school district absorbed into the Mississippi Achievement School District shall have its accountability rating under the state accountability model included in the overall evaluation of accountability in the Mississippi Achievement School District for grading assignments.

(e) A school district that is absorbed into the Mississippi Achievement School District which, in a subsequent school year or school years is assigned a designation higher than "F", must continue to be a part of the Mississippi Achievement School District, notwithstanding the school's improved accreditation rating, unless the school board of the Mississippi Achievement School District determines that it is in the best interest of that school district that it be returned to the control of the local school district.

(f) Upon attaining and maintaining a school district accreditation rating of "C" or better under the State Department of Education's accreditation rating system for five (5) consecutive years, the local governing authority with jurisdiction over a school district absorbed into the Mississippi Achievement School District may petition the board of the Mississippi Achievement School District to revert the absorbed school district back to local governance. Within one hundred eighty (180) days of receipt of the petition the board of the Mississippi Achievement School District shall conduct a referendum to be held on the premises of the administrative offices of the absorbed school district's property to allow the personnel of the school district and the parents and legal guardians of students enrolled in and attending the school district to vote on whether or not the school district should revert back to the local district. All personnel, administrative, instructional, noninstructional, service, support and maintenance, employed at the school district shall be allowed to vote. Only one (1) vote may be cast per student enrolled in and attending the school district, which such vote must be cast by the student's parent or legal guardian. If a majority of the parents or legal guardians of students enrolled in and attending the school district and a majority of employees vote to return governance to the local school district, then the school district shall revert back to the local school district on the first day of instruction of the scholastic year immediately following the referendum.

(g) At such time that it is determined by the board for the Mississippi Achievement School District and that a school district absorbed into the Mississippi Achievement School District has evidenced substantial improvement in performance as prescribed in paragraphs (e) and (f) of this subsection are satisfied, the return of the absorbed school district to local governance shall be accomplished in the manner provided for certain school districts under conservatorship in Section 37-17-13(3) and (4) for the selection of new members of the district's board of trustees and the appointment of a new superintendent of education.

(4) The superintendent of the Mississippi Achievement School District shall recommend to the board of the Mississippi Achievement School District those persons to be employed as principals, teachers and noninstructional personnel in school districts absorbed into the Mississippi Achievement School District in the manner prescribed under Chapter 9, Title 37, Mississippi Code of 1972. Only highly qualified individuals having a demonstrable record of success may be selected by the superintendent for such positions in the Mississippi Achievement School District. The school board of the Mississippi Achievement School District, in its discretion, may choose to continue the employment of any person employed in an "F" rated school district when the school district is absorbed into the Mississippi Achievement School District; alternatively, the school board of the Mississippi Achievement School District may elect not to offer continued employment to a person formerly employed at a school district that is absorbed into the Mississippi Achievement School District.

(5) (a) The Mississippi Achievement School District may use a school building and all facilities and property that is a part of a school district and recognized as part of the facilities or assets of the school district before it is absorbed into the Mississippi Achievement School District. In addition, the Mississippi Achievement School District shall have access to those additional facilities that typically were available to that school district, its students, faculty and staff before its absorption by the Mississippi Achievement School District. Use of facilities by a school district in the Mississippi Achievement School District must be unrestricted and free of charge. However, the Mississippi Achievement School District shall be responsible for providing routine maintenance and repairs necessary to maintain the facilities in as good a condition as when the right of use was acquired by the Mississippi Achievement School District. The Mississippi Achievement School District shall be responsible for paying all utilities at the facilities used for the absorbed school district. Any fixtures, improvements and tangible assets added to a school building or facility by the Mississippi Achievement School District must remain at the school building or facility if the school district is returned to local governance.

(b) The State Board of Education and the school board for the Mississippi Achievement School District shall include in the rules and regulations adopted pursuant to subsection (3) of this section specific provisions addressing the rights and responsibilities of the Mississippi Achievement School District relating to the real and personal property of a school district that is absorbed into the Mississippi Achievement School District.

(c) The State Board of Education shall promulgate rules and regulations outlining the measures of accountability and performance assessments which the Mississippi Achievement School District shall implement in compliance with the standards adopted by the state board for districts achieving optional performance.

(6) (a) The Mississippi Achievement School District shall certify annually to the local governing authorities of each locale in which a school district absorbed into the Mississippi Achievement School District school is located, the number of students residing in the school district which are enrolled in that school district.

(b) Whenever an increase in millage is requested by the school board for the support of schools within a particular school district absorbed into the Achievement School District, the school board for the Mississippi Achievement School District shall hold a public meeting in the local municipality having jurisdiction of the absorbed school district to allow input of local residents on the matter, and subsequent to the conclusion of such meeting, the board of the Mississippi Achievement School District shall submit its request for ad valorem increase in dollars to the local governing authority having jurisdiction over the absorbed school district for approval of the request for increase in ad valorem tax effort. The local governing authorities in which a Mississippi Achievement School District school district is located shall pay directly to the Mississippi Achievement School District an amount for each student enrolled in that school district equal to the ad valorem tax receipts and in-lieu payments received per pupil for the support of the local school district in which the student resides. The pro rata ad valorem receipts and in-lieu receipts to be transferred to the Mississippi Achievement School District shall include all levies for the support of the local school district under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy) and may not include any taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. In no event may the payment exceed the pro rata amount of the local ad valorem payment for the local contribution to the adequate education program under Section 37-57-1 for the school district in which the student resides. Payments made under this section by a school district to the Mississippi Achievement School District must be made before the expiration of three (3) business days after the funds are distributed to the local school district by the tax collector.

(7) (a) The State Department of Education shall make payments to the Mississippi Achievement School District for each student in average daily attendance at a Mississippi Achievement School District school equal to the state share of the adequate education program payments for each student in average daily attendance at the local school district in which that school is located. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides, to be determined as provided in Section 37-151-7(2)(a).

(b) Payments made pursuant to this subsection by the State Department of Education must be made at the same time and in the same manner as adequate education program payments are made to all other school districts under Sections 37-151-101 and 37-151-103. Amounts payable to the Mississippi Achievement School District must be determined by the State Department of Education in the same manner that such amounts are calculated for all other school districts under the adequate education program.

(8) The Mississippi Achievement School District shall be considered a local educational agency for the same purposes and to the same extent that all other school districts in the state are deemed local educational agencies under applicable federal laws.

(9) The Mississippi Achievement School District may receive donations or grants from any public or private source, including any federal funding that may be available to the school district or individual schools within the Mississippi Achievement School District.

(10) The Legislature shall appropriate sufficient funding, in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) to the State Department of Education for the 2018 fiscal year for the specific purpose of funding the startup, operational and any other required costs of the Mississippi Achievement School District during the 2017-2018 school year, and the employment of a superintendent for the district.

SECTION 2. This act shall take effect and be in force from and after its passage.