MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education

By: Representative Busby

House Bill 1043

AN ACT TO AMEND SECTION 37-28-47, MISSISSIPPI CODE OF 1972, TO REQUIRE A CHARTER SCHOOL TEACHER TO POSSESS A TEACHING LICENSE ISSUED BY THE MISSISSIPPI COMMISSION ON TEACHER AND ADMINISTRATOR EDUCATION, CERTIFICATION AND LICENSURE AND DEVELOPMENT WITHIN THREE YEARS OF THE TEACHER'S INITIAL EMPLOYMENT WITH THE CHARTER SCHOOL; TO AMEND SECTION 37-28-9, MISSISSIPPI CODE OF 1972, TO DELETE REFERENCES TO THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD ALSO SERVING AS GENERAL COUNSEL FOR THE BOARD IN CONFORMITY WITH THE PROVISIONS OF SECTION 2, CHAPTER 458, LAWS OF 2014; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-28-47, Mississippi Code of 1972, is amended as follows:

     37-28-47.  (1)  (a)  Charter schools must comply with applicable federal laws, rules and regulations regarding the qualification of teachers and other instructional staff.  No more than twenty-five percent (25%) of teachers in a charter school may be exempt from state teacher licensure requirements * * * at the time the initial charter application is approved by the authorizer.  Administrators of charter schools are exempt from state administrator licensure requirements.  However, teachers and administrators must have a bachelor's degree as a minimum requirement, and teachers must have demonstrated subject-matter competency.  Within three (3) years of the date of a teacher's initial * * * application approval by the authorizer, all teachers employment with a charter school, the teacher must have, at a minimum, alternative licensure approved by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.

          (b)  A charter school may not staff positions for teachers, administrators, ancillary support personnel or other employees by utilizing or otherwise relying on nonimmigrant foreign worker visa programs.  However, a charter school may submit a request to the authorizer for an exception allowing the employment of a nonimmigrant foreign worker before the worker is employed.  The authorizer may grant permission for the employment of the nonimmigrant foreign worker only if the charter school makes a satisfactory showing of efforts to recruit lawful permanent residents of the United States to fill the position and a lack of qualified applicants to fill the position.

     (2)  Employees in charter schools must have the same general rights and privileges as other public school employees, except such employees are not:

          (a)  Covered under the Education Employment Procedures Law (Section 37-9-103);

          (b)  Subject to the state salary requirements prescribed in Section 37-19-7; and

          (c)  Members of the Public Employees' Retirement System.

     (3)  Employees in charter schools are eligible for participation in retirement and other benefits programs in which the charter school chooses to make available to its employees.

     SECTION 2.  Section 37-28-9, Mississippi Code of 1972, is amended as follows:

     37-28-9.  (1)  The authorizer is responsible for exercising, in accordance with this chapter, the following powers and duties:

          (a)  Developing chartering policies and maintaining  practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including: 

              (i)  Organizational capacity and infrastructure;

              (ii)  Solicitation and evaluation of charter applications;

              (iii)  Performance contracting;

              (iv)  Ongoing charter school oversight and evaluation; and

              (v)  Charter renewal decision-making;

          (b)  Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;

          (c)  Declining to approve weak or inadequate charter applications;

          (d)  Negotiating and executing charter contracts with approved charter schools;

          (e)  Monitoring, in accordance with charter contract terms, the performance and legal compliance of charter schools;

          (f)  Determining whether each charter contract merits renewal, nonrenewal or revocation; and

          (g)  Applying for any federal funds that may be available for the implementation of charter school programs.

     (2)  The authorizer shall carry out all its duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this act.

     (3)  The authorizer may delegate its duties to the executive director * * *and general counsel.

     (4)  Regulation by the authorizer shall be limited to those powers and duties prescribed in this section and all others prescribed by law, consistent with the spirit and intent of this chapter.

     (5)  Except in the case of gross negligence or reckless disregard of the safety and well-being of another person, the authorizer, members of the authorizer board in their official capacity, and employees of the authorizer in their official capacity are immune from civil liability with respect to all activities related to a charter school approved by the authorizer.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.

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