MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education; Appropriations

By: Senator(s) Carmichael

Senate Bill 2140

AN ACT TO AMEND SECTIONS 37-151-9 AND 37-3-53, MISSISSIPPI CODE OF 1972, TO TRANSFER THE OFFICE OF EDUCATIONAL ACCOUNTABILITY FROM THE STATE DEPARTMENT OF EDUCATION TO THE OFFICE OF THE GOVERNOR AND AUTHORIZE THIS OFFICE TO MAKE AN INDEPENDENT EVALUATION OF STATE DEPARTMENT OF EDUCATION PROGRAMS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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.  Effective July 1, 2016, the Office of Educational Accountability in the State Department of Education shall be transferred to the Office of the Governor.  All personnel, records, assets and unexpended funds allocated to the Office of Educational Accountability shall be transferred to the newly established Office of Educational Accountability in the Office of the Governor.  The Office of Educational Accountability in the Office of the Governor shall be administered by an executive director appointed by the Governor * * *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 Governor and may employ necessary professional, administrative and clerical staff.  The executive director shall be authorized to combine or abolish employee positions as necessary to carry out the provisions of this section.  The Director of the Office of Educational Accountability shall be responsible for (a) evaluating the cost and educational impact of all programs administered by the State Department of Education; (b) developing the annual Mississippi Report Card as provided in Section 37-3-53; and (c) provide all reports relating to the performance of the State Department of Education to the Legislature, the PEER Committee, the Governor, * * *Mississippi Commission on School Accreditation and the State Board of Education and respond to any inquiries for information regarding such reports.

     (2)  In addition to the responsibilities prescribed in subsection (1) of this section the Office of Educational Accountability is also 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, the PEER Committee, the Governor, * * *Mississippi Commission on School Accreditation and the State Board of Education.  Commencing in * * *1995 2016, the annual assessment of the State Department of Education and the 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 Levels I, II and III accreditation in all school districts, and shall make an assessment with recommendations to the * * *1996 2017 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 2.  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 * * *, in the Office of the Governor 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.  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 3.  This act shall take effect and be in force from and after July 1, 2016.