MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Education; Appropriations
By: Representative Bell (65th)
AN ACT TO ESTABLISH THE PROCESS FOR ESTABLISHING A SYSTEM FOR AND AWARDING TENURE TO TEACHERS OF PUBLIC SCHOOLS; TO PRESCRIBE THE CRITERIA THAT WOULD QUALIFY A TEACHER FOR TENURE; TO AUTHORIZE LOCAL SCHOOL BOARDS TO SET STANDARDS OF EMPLOYMENT OR TO MAINTAIN EDUCATIONAL REQUIREMENTS OF THE PERSONNEL IN SERVICE BEYOND THAT WHICH IS REQUIRED BY THE STATE BOARD OF EDUCATION; TO REQUIRE TEACHERS TO PROVIDE A MINIMUM OF 30 DAYS' NOTICE OF RESIGNATION TO THE SCHOOL SUPERINTENDENT; TO PROVIDE THAT FAILURE TO GIVE SUCH NOTICE SHALL RESULT IN THE FORFEITURE OF ALL TENURE; TO PROVIDE FOR THE TRANSFER OF TENURE BENEFITS UNDER CERTAIN CONDITIONS; TO DEFINE TERMS USED IN THIS ACT; TO PROVIDE FOR THE HEARING OF COMPLAINTS AND APPEALS BY PERSON AGGRIEVED BY NOTICE OF NONRENEWAL OR TERMINATION OF CONTRACT; TO AMEND SECTION 37-9-101, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION ON THE LEGISLATIVE INTENT OF NOT ESTABLISHING A SYSTEM OF TENURE FOR TEACHER; TO BRING FORWARD SECTIONS 37-9-103, 37-9-104, 37-9-105, 37-9-109, 37-9-111, 37-9-113 AND 37-3-2, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS OF THE "EDUCATION EMPLOYMENT PROCEDURES LAW OF 2001," FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this part, unless the context otherwise requires:
(a) "Abolition of position" means a regular bona fide elimination of a position for sufficient, just and nondiscriminatory reasons;
(b) "Board" means the local school board holding jurisdiction in its respective territory. In the event that a school district operates without a local school board, the authority that performs the functions usually performed by a board shall be indicated by the word "board";
(c) "Conduct unbecoming to a member of the teaching profession" may consist of, but not be limited to, one or more of the following:
(i) Immorality;
(ii) Conviction of a felony or a crime involving moral turpitude;
(iii) Dishonesty, unreliability, continued willful failure or refusal to pay one's just and honest debts; or
(iv) Improper use of narcotics or intoxicants;
(d) "Superintendent of schools" refers to the local superintendent of schools, or to any other officer performing the functions of a superintendent of schools;
(e) "Incompetence" means being incapable, lacking adequate power, capacity or ability to carry out the duties and responsibilities of the position. This may apply to physical, mental, educational, emotional or other personal conditions. It may include lack of training or experience, evident unfitness for service, a physical, mental or emotional condition making the teacher unfit to instruct or associate with children or the inability to command respect from subordinates or to secure cooperation of those with whom the teacher must work;
(f) "Inefficiency" means being below the standards of efficiency maintained by others currently employed by the board for similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. The definition of inefficiency includes, but is not limited to, having teacher performance evaluations demonstrating an overall performance effectiveness level that is "below expectations" or "significantly below expectations" as provided in the evaluation guidelines adopted by the State Board of Education;
(g) "Insubordination" may consist of:
(i) Refusal or continued failure to obey the school laws of this state, to comply with the rules and regulations of the board or to carry out specific assignments made by the board, the superintendent of schools or the principal, each acting within its own jurisdiction, when the rules, regulations and assignments are reasonable and not discriminatory;
(ii) Failure to participate in an in-service training program as set up by the local school board and approved by the State Board of Education;
(iii) Treason, or any effort to sabotage or overthrow the government of the United States; or
(iv) Refusal by the teacher to disclose to the board whether or not the teacher is, or has been, a member of the communist or any other party that advocates the overthrow of the government;
(h) "Neglect of duty" means gross or repeated failure to perform duties and responsibilities that reasonably can be expected of one in such capacity or continued unexcused or unnecessary absence from duty;
(i) "Probation" is a condition and period of trial during which a teacher is under observation to determine the teacher's fitness for tenure status;
(j) "Teacher" includes teachers, supervisors, principals, superintendent of schools and all other certificated personnel employed by any local school board, for service in public, elementary and secondary schools in this state, supported in whole or in part by state or federal funds;
(k) (i) "Tenure" is the employment status other than probation that a teacher may be under while teaching in the public schools.
(ii) A teacher has no property right in his or her tenure status and must sustain a specified performance effectiveness level on teacher performance evaluations, as provided in this act, to achieve and maintain tenure status. If a teacher acquires tenure, the teacher shall remain under that status until such time as the teacher resigns, retires, is dismissed or the teacher is returned to probationary status by the superintendent of schools under the provisions of this act.
(iii) No teacher who acquired tenure status, based on the provisions of this act, would have been deemed to have before July 1, 2019, shall be returned to probationary status.
(iv) No teacher, including administrative and supervisory personnel, who has acquired tenure status is entitled to any specific position; and
(l) "Transfer" means removal from one (1) position to another position under jurisdiction of the same board.
SECTION 2. Any teacher who meets all of the following requirements is eligible for "tenure":
(a) Has a degree from an approved four-year college or any career and technical teacher who has the equivalent amount of training established and licensed by the State Board of Education;
(b) Holds a valid teacher license, issued by the State Board of Education, as authorized under Section 37-3-2;
(c) Has completed a probationary period of five (5) school years or not less than forty-five (45) months within the last seven-year period, the last two (2) years being employed in a regular teaching position rather than an interim teaching position;
(d) Has received teacher performance evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations" as provided in the evaluation guidelines adopted by the State Board of Education during the last two (2) years of the probationary period. However, a teacher who has met all other requirements for tenure eligibility but has not acquired an official teacher performance evaluation score during the last one (1) or two (2) years of the probationary period due to an approved extended leave; transfer to another school or position within the school district; or invalidated data due to a successful local level evaluation grievance, may utilize the most recent two (2) years of available evaluation scores achieved during the probationary period to meet the provisions of this paragraph (d); and
(e) Is reemployed by the superintendent of schools for service after the probationary period.
SECTION 3. (1) Any teacher, otherwise qualified for tenure status, shall meet the following requirements before becoming eligible for tenure status:
(a) Served five (5) school years or not less than forty-five (45) months within a seven-year period as a probationary teacher; and
(b) Received teacher performance evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations" provided by the evaluation guidelines adopted by the State Board of Education during the last two (2) years of their probationary period. However, a teacher who has met all other requirements for tenure eligibility but has not acquired an official evaluation score during the last one (1) or two (2) years of the probationary period due to an approved extended leave; transfer to another school or position within the school district; or invalidated data due to a successful local level evaluation grievance, may utilize the most recent two (2) years of available evaluation scores achieved during the probationary period to meet the provisions of this paragraph (b).
(2) Notwithstanding any other law to the contrary, once a teacher is eligible for tenure, the teacher shall be either recommended by the superintendent of schools for tenure or nonrenewed. However, the teacher cannot be continued in employment if tenure is not granted by the local school board.
(3) Time spent on leave of absence, except sick leave as provided in Section 37-7-307, shall not be counted as a part of the probationary period.
(4) A teacher who has attained tenure status in a school system and later resigns from the system shall serve a two-year probationary period upon reemployment by the system, unless the probationary period is waived by the local school board upon request of the superintendent of schools. Upon completion of the two-year probationary period, the teacher shall be eligible for tenure and shall be either recommended by the superintendent of schools for tenure or nonrenewed. However, the teacher cannot be continued in employment if tenure is not granted by the local school board.
(5) Any teacher who, after acquiring tenure status, receives two (2) consecutive years of teacher performance evaluations demonstrating an overall performance effectiveness level of "below expectations" or "significantly below expectations," as provided by the evaluation guidelines adopted by the State Board of Education shall be returned to probationary status by the superintendent of schools until the teacher has received two (2) consecutive years of teacher performance evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations." When a teacher who has returned to probationary status has received two (2) consecutive years of teacher performance evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations," the teacher is again eligible for tenure and shall be either recommended by the superintendent of schools for tenure or nonrenewed. However, the teacher cannot be continued in employment if tenure is not granted by the local school board.
(6) Subsection (5) does not apply to teachers who, based on the provisions of this act, would have been deemed to have acquired tenure prior to July 1, 2019.
SECTION 4. The local school board has the authority to set standards of employment or to maintain educational requirements of the personnel in service over and above those required by the State Board of Education whenever the board is in position to support the superior program, provided, that the requirements are general in their application and have the approval of the State Board of Education.
SECTION 5. (1) A teacher shall give the superintendent of schools notice of resignation at least thirty (30) days in advance of the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable mitigating circumstances, shall forfeit all tenure status under this act; provided, that the board may waive the thirty (30) days' notice requirement and permit a teacher to resign in good standing.
(2) Any teacher who breaks a contract with a local school board without a justifiable reason as listed in subsection (3) of this section shall not be given permanent tenure status in any other school system in this state, until such teacher has met all of the requirements in such system for attaining permanent status plus the serving of five (5) continuous years in lieu of the three (3) continuous years required in; provided, that the local school board against which the teacher has broken a contract informs the State Superintendent of Public Education of the breach of contract and requests the State Superintendent of Public Education to so notify all local boards of education in this state. The local school board may later inform the State Superintendent of Public Education that it is no longer holding the breach of contract against the teacher, in which event the local school board shall request the State Superintendent of Public Education to so notify all local boards of education in this state. If and when the local school board informs the State Superintendent of Public Education that it is no longer holding the breach of contract against the teacher, the penalty in this subsection against the teacher shall immediately become ineffective, null and void.
(3) The conditions under which it is permissible to break a contract with a local school board are as follows:
(a) The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the local school board;
(b) The drafting of the teacher into military service by a selective service board; or
(c) The release by the local school board of the teacher from the contract that the teacher has entered into with the local school board.
SECTION 6. (1) If a teacher transfers from one (1) local education agency (LEA) in this state to another LEA, the LEA from which the teacher transfers shall send to the LEA to which the teacher transfers the results of the teacher's last five (5) teacher performance evaluations or the results of all teacher performance evaluations, if fewer than five (5) are available.
(2) A transferring teacher who is tenured or a transferring teacher who is nontenured and has five (5) or more years of prior service shall serve the regular probationary period in the new LEA, unless the local school board, upon the recommendation of the superintendent of schools, waives the probationary period requirement and grants tenure status or shortens the probationary period.
(3) If a nontenured teacher who does not have five (5) years of prior service transfers to a local education agency, then tenure shall not be granted until the teacher has served at least five (5) years when service in both LEAs is counted.
(4) All tenure decisions made under this section are subject to the requirements of Section 6 of this act concerning overall performance effectiveness levels.
SECTION 7. The superintendent of schools, when necessary for the efficient operation of the school system, may transfer a teacher from one (1) location to another within the school district, or from one (1) type of work to another for which the teacher is qualified and licensed; provided, that transfers shall be acted upon in accordance with board policy.
SECTION 8. (1) (a) No teacher shall be dismissed or suspended except as provided under the provisions of this section or those specified in Section 37-3-2.
(b) The causes for which a teacher may be dismissed or suspended are: incompetence, inefficiency, neglect of duty, unprofessional conduct and insubordination, as defined in Section 1 of this act.
(c) A superintendent of schools may suspend a teacher at any time that may seem necessary, pending investigation or final disposition of a case before the board or an appeal. If the matter under investigation is not the subject of an ongoing criminal investigation or a department of children's services investigation, and if no charges have been made pursuant to paragraph (d) of this subsection, a suspension pending investigation shall not exceed ninety (90) days in duration. If vindicated or reinstated, the teacher shall be paid the full salary for the period during which the teacher was suspended.
(d) When charges are made to the local school board against a teacher, charging the teacher with offenses that would justify dismissal of the teacher under the terms of this part, the charges shall be made in writing, specifically stating the offenses that are charged, and shall be signed by the party or parties making the charges.
(e) If, in the opinion of the local school board, charges are of such a nature as to warrant the dismissal of the teacher, the superintendent of schools shall give the teacher a written notice of this decision, together with a copy of the charges and a copy of a form, which shall be provided by the State Superintendent of Public Education, advising the teacher as to the teacher's legal duties, rights and recourse under the terms of this part.
(2) (a) When it becomes necessary to reduce the number of teaching positions or nonlicensed positions in the district because of a decrease in enrollment or for other good reasons, the board shall be empowered to dismiss such teachers or nonlicensed employees based on their level of effectiveness determined by the performance evaluation for licensed employees and an evaluation of work performance for nonlicensed employees.
(b) The board shall give the teacher or nonlicensed employee written notice of dismissal explaining fully the circumstances or conditions making the dismissal necessary.
(c) A teacher rated in the three (3) highest categories based on teacher performance evaluations who has been dismissed because of abolition of a position shall be placed on a list for reemployment. Nothing in this subsection shall be construed to deprive the superintendent of schools of the power to determine the filling of such vacancy on the basis of the superintendent of schools' evaluation of the teacher's competence, compatibility and suitability to properly discharge the duties required for the vacant position considered in the light of the best interest of the students in the school where the vacancy exists. A principal may refuse to accept the placement or transfer of a teacher by the superintendent of schools to the principal's school. The teacher's most recent teacher performance evaluations shall be a factor in such determination.
(d) The right to remain on the preferred list for employment shall remain in effect until:
(i) The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or
(ii) The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA.
(3) (a) Notwithstanding subsection (1), but subject to the appeal and review provisions of Sections 9 and 10 of this act, any teacher convicted of a felony listed in Title 97, Mississippi Code of 1972, or convicted of an offense listed in Chapter 29, Title 41, Mississippi Code of 1972, shall be immediately suspended, and dismissed subject to paragraph (b) of this subsection.
(b) If the dismissal of the teacher is upheld in the board and court reviews provided for in Sections 9 and 10 of this act, the local superintendent shall notify in writing the State Superintendent of Public Education who shall begin licensure revocation proceedings under applicable rules of the State Board of Education.
SECTION 9. (1) A tenured teacher who receives notification of charges pursuant to Section 8 of this act may, within thirty (30) days after receipt of the notice, demand a full and complete hearing on the charges before an impartial hearing officer selected by the board, as follows:
(a) The teacher shall give written notice to the superintendent of schools of the teacher's request for a hearing;
(b) The superintendent of schools shall, within five (5) days after receipt of the request, name an impartial hearing officer who shall be responsible for notifying the parties of the hearing officer's assignment. The hearing officer shall direct the parties or the attorneys for the parties, or both, to appear before the hearing officer for simplification of issues and the scheduling of the hearing, which in no event shall be set later than thirty (30) days following receipt of notice demanding a hearing. In the discretion of the hearing officer, all or part of any prehearing conference may be conducted by telephone if each participant has an opportunity to participate, to be heard and to address proof and evidentiary concerns. The hearing officer is empowered to issue appropriate orders and to regulate the conduct of the proceedings;
(c) For the purposes of this part, "impartial" means that the selected hearing officer shall have no history of employment with the board or superintendent of schools, no relationship with any board member and no relationship with the teacher or representatives of the teacher;
(d) All parties shall have the right to be represented by counsel, the opportunity to call and subpoena witnesses, the opportunity to examine all witnesses, the right to require that all testimony be given under oath and the right to have evidence deemed relevant by the submitting party included in the record of the hearing, even if objected to by the opposing party;
(e) All witnesses shall be entitled to the witness fees and mileage provided by law, which fees and mileage shall be paid by the party issuing a subpoena or calling the witnesses to testify;
(f) The impartial hearing officer shall administer oaths to witnesses, who testify under oath;
(g) A record of the hearing, either by transcript, recording or as is otherwise agreed by the parties shall be prepared if the decision of the hearing officer is appealed, and all decisions of the hearing officer shall be reduced to writing and included in the record, together with all evidence otherwise submitted;
(h) On request of either party to the hearing, witnesses may be barred from the hearing except as they are called to testify. The hearing may be private at the request of the teacher or in the discretion of the hearing officer; and
(i) At appropriate stages of the hearing, the hearing officer may give the parties the full opportunity to file briefs, proposed findings of fact and conclusions of law and proposed initial or final orders. The hearing officer shall, within ten (10) days of closing the hearing, decide what disposition to make of the case and shall immediately thereafter give the board and the teacher written findings of fact, conclusions of law and a concise and explicit statement of the outcome of the decision.
(2) The superintendent of schools or other school officials shall not be held liable, personally or officially, when performing their duties in prosecuting charges against any teacher or teachers under this act.
(3) (a) If the affected teacher desires to appeal from a decision rendered in whole or in part in favor of the school system, the teacher shall first exhaust the administrative remedy of appealing the decision to the local school board within ten (10) working days of the hearing officer's delivery of the written findings of fact, conclusions and decision to the affected employee.
(b) Upon written notice of appeal, the superintendent of schools shall prepare a copy of the proceedings, transcript, documentary and other evidence presented and transmit the copy to the board within twenty (20) working days of receipt of notice of appeal.
(c) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any findings and decision are sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges and decision. The board shall render its decision on the appeal within ten (10) working days after the conclusion of the hearing.
(d) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within thirty (30) days after receipt of the dated notice of the decision of the board. It shall be the duty of the board to cause the entire record and other evidence in the case to be transmitted to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board.
(e) The superintendent of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as set out in this subsection (3).
(4) Subsections (1) and (3) of this section shall not apply to a disciplinary suspension of a teacher by the superintendent of schools that is for a period of three (3) days or less and that is not made in anticipation of dismissal. For such suspensions of three (3) days or less, the following shall apply:
(a) The superintendent of schools shall provide written notice of suspension and the reasons for the suspension to the teacher, along with an explanation of the evidence supporting the decision to suspend and copies of any documents relied upon by the local superintendent in reaching that decision;
(b) Upon request made in writing within five (5) days from the date of the suspension letter or the date it was received, whichever is later, the local superintendent shall provide a conference with the local superintendent at which the teacher may offer rebuttal to the charges or any information the teacher wishes the local superintendent to consider. Both the LEA and the teacher may be represented by an attorney or other representative;
(c) The meeting shall be recorded by the superintendent of schools, and a copy shall be provided to the teacher upon request;
(d) The local superintendent shall issue a written decision within ten (10) days from the date of the conference. The local superintendent may not impose any additional punishment beyond that described in the notice of suspension; and
(e) The teacher, if dissatisfied with the decision of the local superintendent, may pursue appeal of the local superintendent's decision pursuant to Section 10 of this act.
SECTION 10. (1) A tenured teacher who is dismissed or suspended by action of the board pursuant to Section 9(3)(c), or suspended by action of the local superintendent pursuant to Section 9(4)(d), may petition for a writ of certiorari from the chancery court of the county where the teacher is employed.
(2) The petition shall be filed within thirty (30) days from the receipt by the teacher of notice of the decision of the board. The petition shall state briefly the issues involved in the cause, the substance of the order of the board, or the respects in which the petitioner claims the order of the board is erroneous, and praying for an accordant review. The petition shall be addressed to the presiding chancellor and shall name as defendants the members of the board and such other parties of record, if such, as were involved in the hearing before the board.
(3) The petitioner shall give bond for costs as in other chancery suits or oaths of paupers in lieu.
(4) Upon the filing of the petition, the clerk and master shall immediately send, by registered return receipt mail, to the chair of the board, a notice of the filing of the petition and a certified copy of the petition. The clerk shall also send a similar notice to the last known post office address of each other party named as defendant. In lieu of notice by registered mail, subpoena to answer may be served personally on each defendant, as in other chancery cases.
(5) The filing of the petition shall suspend the order of the board pending a decision by the chancellor, but the teacher shall not be permitted to return to teaching pending final disposition of the appeal.
(6) All defendants named in the petition desiring to make defense shall do so by answer, in which grounds of demurrer shall be incorporated, to the petition within thirty (30) days from the date of the filing of the petition, unless the time be extended by the court. Any other person who may be affected by the decision to be made by the court may, upon proper leave given, intervene and file an answer in the cause. Amendments may be granted as in other chancery procedures.
(7) The cause shall stand for trial and shall be heard and determined at the earliest practical date, as one having precedence over other litigation, except suits involving state, county or municipal revenue. The review of the court shall be limited to the written record of the hearing before the board and any evidence or exhibits submitted at the hearing. Additional evidence or testimony shall not be admitted except as to establish arbitrary or capricious action or violation of statutory or constitutional rights by the board.
(8) The chancellor shall reduce the chancellor's findings of fact and conclusions of law to writing and make them parts of the record.
(9) Any party dissatisfied with the decree of the court may appeal as provided by the Tennessee rules of appellate procedure, where the cause shall be heard on the transcript of the record from the chancery court.
SECTION 11. (1) The State Board of Education is authorized and directed to establish a system of tenure for teachers in schools and institutions under its jurisdiction.
(2) The board shall promulgate and publish reasonable rules and regulations for the establishment of a tenure system for such teachers, and has the power to promulgate and publish the rules and regulations as are deemed reasonably necessary for the establishment of the tenure system, which shall include, but not be limited to, standards and requirements concerning:
(a) The minimum qualifications of teachers eligible for tenure;
(b) The types of tenure;
(c) Leaves of absence;
(d) Time of termination of tenure;
(e) Transfers within the system;
(f) Credit for time served in other school systems within the state;
(g) Grounds and procedures concerning suspensions and dismissals;
(h) Investigations;
(i) Suspensions pending investigations; and
(j) Other subjects deemed by the board to be reasonably related to teacher's tenure.
(3) The rules and regulations shall be adopted by a formal resolution by a majority of the membership, and the resolution shall be signed by a majority of the members of the State Board of Education as certified by the chair and attested by the executive secretary of the board, and otherwise they shall be approved and filed in the manner required by the Administrative Procedures Act, under Chapter 43, Title 25, Mississippi Code of 1972.
(4) After giving written notice of charges against any teacher, the board shall hold a hearing in the same manner and shall have the same powers as provided in Section 9 of this act; provided, that where Section 9 of this act refers to the superintendent of schools, for the purpose of this section, reference shall be made to the chair of the State Board of Education.
(5) A teacher shall be entitled to a judicial review of the action of the board for the same purposes and in the same manner provided by Section 10 of this act.
(6) As used in this section, "teacher" means any person licensed by the State Department of Education and employed by a local school district in a full-time position as an administrative officer or teacher in a school or other educational institution except a college or university. "Teacher" does not apply to the principal or chief administrative officer of the school or institution.
(7) No teacher under this section shall be guaranteed continuity of employment in a particular assignment or position.
SECTION 12. Section 37-9-101, Mississippi Code of 1972, is amended as follows:
37-9-101. Sections 37-9-101 through 37-9-113 shall be known as and cited as the "Education Employment Procedures Law of 2001."
It is the intent of the
Legislature to establish procedures to provide for accountability in the
teaching profession; to provide a mechanism for the nonrenewal of licensed
education employees in a timely, cost-efficient and fair manner; to provide
public school employees with notice of the reasons for not offering an employee
a renewal of his contract; to provide an opportunity for the employee to
present matters in extenuation or exculpation; to provide the employee with an
opportunity for a hearing to enable the board to determine whether the recommendation
of nonemployment is a proper employment decision and not contrary to law and
to require nonrenewal decisions to be based upon valid educational reasons or
noncompliance with school district personnel policies. * * *
SECTION 13. Section 37-9-103, Mississippi Code of 1972, is brought forward as follows:
37-9-103. (1) As used in Sections 37-9-101 through 37-9-113, the word "employee" shall include:
(a) Any teacher, principal, superintendent or other professional personnel employed by the local school district for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or
(b) Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment.
(2) (a) The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school district after the Governor declares a state of emergency under the provisions of Section 37-17-6(11). The Education Employment Procedures Law shall not be applicable in any school district for the full period of time that those conditions, as defined in Section 37-17-6(11), exist.
(b) The Education Employment Procedures Law shall not apply to any category of teacher, administrator or other employee employed to work in any charter school.
(3) For purposes of Sections 37-9-101 through 37-9-113, the term "days" means calendar days.
SECTION 14. Section 37-9-104, Mississippi Code of 1972, is brought forward as follows:
37-9-104. If the board of trustees makes a preliminary determination not to offer the school district superintendent a renewal contract for a successive year, written notice of the preliminary nonreemployment determination must be given to the superintendent before February 1. However, an interim conservator appointed pursuant to Section 37-17-6(14)(a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to Section 37-9-18 is not required to comply with the time limitations prescribed in this section for recommending the reemployment of superintendents.
SECTION 15. Section 37-9-105, Mississippi Code of 1972, is brought forward as follows:
37-9-105. If a recommendation is made by the school district not to offer an employee a renewal contract for a successive year, written notice of the proposed nonreemployment stating the reasons for the proposed nonreemployment shall be given no later than the following:
(a) If the employee is a principal, the superintendent, without further board action, shall give notice of nonreemployment on or before March 1; or
(b) If the employee is a teacher, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of nonreemployment on or before April 15, or within ten (10) calendar days after the date that the Governor approves the appropriation bill(s) comprising the state's education budget for funding K-12, whichever date is later.
An interim conservator appointed pursuant to Section 37-17-6(14)(a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to Section 37-9-18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of principals, teachers, administrators or other professional educators.
SECTION 16. Section 37-9-109, Mississippi Code of 1972, is brought forward as follows:
37-9-109. An employee who has received notice under Section 37-9-105, upon written request from the employee received by the district within ten (10) days of receipt of the notice by the employee, shall be entitled to:
(a) Written notice of the specific reasons for nonreemployment, together with a summary of the factual basis therefor, a list of witnesses and a copy of documentary evidence substantiating the reasons intended to be presented at the hearing, which notice shall be given at least fourteen (14) days prior to any hearing; if the district fails to provide this information to the employee, then the recommendation for nonreemployment shall be null and void, and the board shall order the execution of a contract with the employee for an additional period of one (1) year;
(b) An opportunity for a hearing at which to present matters relevant to the reasons given for the proposed nonreemployment, including any reasons alleged by the employee to be the reason for nonreemployment; provided, however, that any school superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board shall not have the right to request a hearing before the school board or a hearing officer;
(c) Receive a fair and impartial hearing before the board or hearing officer; provided, however, that any school superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board shall not have the right to request a hearing before the school board or a hearing officer;
(d) Be represented by legal counsel, at his own expense.
Any employee requesting a hearing shall provide the district, not less than five (5) days before the scheduled date for the hearing, a response to the specific reasons for nonreemployment, a list of witnesses and a copy of documentary evidence in support of the response intended to be presented at the hearing. If the employee fails to provide this information, then the recommendation of nonreemployment shall be final without the necessity of a hearing.
If the employee does not request a hearing, the recommendation regarding the nonreemployment of the employee shall be final.
SECTION 17. Section 37-9-111, Mississippi Code of 1972, is brought forward as follows:
37-9-111. (1) The school board, or its designee, upon request for a hearing from an employee under the terms of Sections 37-9-101 through 37-9-113, shall set the time, place and date of such hearing and notify the employee in writing of same. The date shall be set not sooner than five (5) days nor later than thirty (30) days from the date of the request, unless otherwise agreed. The hearing may be held before the board or before a hearing officer appointed for such purpose by the board, either from among its own membership, from the staff of the school district or some other qualified and impartial person, but in no event shall the hearing officer be the staff member responsible for the initial recommendation of nonreemployment. No hearing officer may have an interest in the outcome of a hearing, nor may a hearing officer be related to a board member, any administrator making the recommendations of nonreemployment or the employee. Once a hearing officer is appointed, no ex parte communications may be made regarding any substantive provisions of the hearing.
(2) The hearing must be held in executive session unless the employee elects to have a public hearing. If an employee makes this election, however, the board or the hearing officer, as the case may be, may order any part of the hearing to be held in executive session, if, in the opinion of the board or the hearing officer, the testimony to be elicited deals with matters involving the reputation or character of another person. Notwithstanding the election by an employee for a public hearing, any testimony by minor witnesses must be held in executive session and considered confidential personnel records and confidential student records, subject to an expectation of reasonable privacy and confidentiality. Public disclosure of these records may be by court order only.
(3) The district shall present evidence, either in written or oral form, at the hearing in support of its recommendation for nonreemployment.
The employee shall be afforded an opportunity to present matters at the hearing relevant to the reasons given for the proposed nonreemployment determination and to the reasons the employee alleges to be the reasons for nonreemployment and to be represented by counsel at such a hearing. Such hearing shall be conducted in such a manner as to afford the parties a fair and reasonable opportunity to present witnesses and other evidence pertinent to the issues and to cross-examine witnesses presented at the hearing. The board or the hearing officer may require any portion of the evidence to be submitted in the form of depositions or affidavits, and in case affidavits are received, an opportunity to present counter-affidavits shall be provided.
(4) The board shall cause to be made stenographic notes of the proceedings. In the event of a judicial appeal of the board's decision, the entire expense of the transcript and notes shall be assessed as court costs.
(5) The board shall review the matters presented before it, or, if the hearing is conducted by a hearing officer, the report of the hearing officer, if any, the record of the proceedings and, based solely thereon, conclude whether the proposed nonreemployment is a proper employment decision, is based upon a valid educational reason or noncompliance with school district personnel policies and is based solely upon the evidence presented at the hearing, and shall notify the employee in writing of its final decision and reasons therefor. Such notification shall be within thirty (30) days of the conclusion of the hearing if the hearing is conducted by a hearing officer and within ten (10) days of the conclusion of the hearing if the hearing is initially conducted by the board. If the matter is heard before a hearing officer, the board shall also grant the employee the opportunity to appear before the board to present a statement in his own behalf, either in person or by his attorney, prior to a final decision by the board.
(6) In conducting a hearing, the board or hearing officer shall not be bound by common law or by statutory rules of evidence or by technical or formal rules of procedure except as provided in Sections 37-9-101 through 37-9-113, but may conduct such hearing in such manner as best to ascertain the rights of the parties; however, hearsay evidence, if admitted, shall not be the sole basis for the determination of facts by the board or hearing officer.
(7) In the event the decision of the school board is in favor of the employee, the board shall have the authority to order the execution of a contract with the employee for an additional period of one (1) year.
(8) For purposes of conducting hearings under Sections 37-9-101 through 37-9-113, the board or hearing officer shall have the authority to issue subpoenas for witnesses and to compel their attendance and the giving of evidence. Any expense connected therewith shall be borne by the party requesting the subpoenas, which shall include an appearance fee for each witness so subpoenaed not inconsistent with state laws governing payments to witnesses. In the event it is necessary to enforce or to quash a subpoena issued to compel the attendance of a witness, application shall be made with the chancery court of the county where the school board is located.
(9) This section shall not be applicable to a superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board.
SECTION 18. Section 37-9-113, Mississippi Code of 1972, is brought forward as follows:
37-9-113. (1) Any employee aggrieved by a final decision of the school board is entitled to judicial review thereof, as hereinafter provided.
(2) An appeal may be taken by such employee to the chancery court of the judicial district in which the school district is located, by filing a petition with the clerk of that court and executing and filing bond payable to the school board with sufficient sureties, in the penalty of not less than Two Hundred Dollars ($200.00), conditioned upon the payment of all of the costs of appeal, within twenty (20) days of the receipt of the final decision of the board.
(3) The scope of review of the chancery court in such cases shall be limited to a review of the record made before the school board or hearing officer to determine if the action of the school board is unlawful for the reason that it was:
(a) Not supported by any substantial evidence;
(b) Arbitrary or capricious; or
(c) In violation of some statutory or constitutional right of the employee.
(4) No relief shall be granted based upon a court's finding of harmless error by the board in complying with the procedural requirements of Sections 37-9-101 through 37-9-113. However, in the event that there is a finding of prejudicial error in the proceedings, the cause shall be remanded for a rehearing consistent with the findings of the court.
(5) Any party aggrieved by action of the chancery court may appeal to the Supreme Court in the manner provided by law.
SECTION 19. Section 37-3-2, Mississippi Code of 1972, is brought forward as follows:
37-3-2. (1) There is established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.
(2) The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed, three (3) from each congressional district: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the Mississippi Community College Board; one (1) local school board member; and four (4) laypersons. All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.
(3) The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
(4) (a) An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.
(b) An Office of Educator Misconduct Evaluations shall be established within the State Department of Education to assist the commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of subsections (11), (12), (13), (14) and (15) of this section, and violations of the Mississippi Educator Code of Ethics.
(5) It shall be the duty of the commission to:
(a) Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;
(b) Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state, subject to a process and schedule determined by the State Board of Education;
(c) Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;
(d) Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;
(e) Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;
(f) Review all existing requirements for certification and licensure;
(g) Consult with groups whose work may be affected by the commission's decisions;
(h) Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;
(i) Hold hearings concerning standards for teachers' and administrators' education and certification and licensure with approval of the State Board of Education;
(j) Hire expert consultants with approval of the State Board of Education;
(k) Set up ad hoc committees to advise on specific areas; and
(l) Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.
(6) (a) Standard License - Approved Program Route. An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:
(i) An application on a department form;
(ii) An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi prekindergarten through kindergarten classrooms shall require completion of a teacher education program or a Bachelor of Science degree with child development emphasis from a program accredited by the American Association of Family and Consumer Sciences (AAFCS) or by the National Association for Education of Young Children (NAEYC) or by the National Council for Accreditation of Teacher Education (NCATE). Licensure to teach in Mississippi kindergarten, for those applicants who have completed a teacher education program, and in Grade 1 through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person's college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC) or, for those applicants who have a Bachelor of Science degree with child development emphasis, the American Association of Family and Consumer Sciences (AAFCS). Effective July 1, 2016, for initial elementary education licensure, a teacher candidate must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education;
(iii) A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service's teacher testing examinations;
(iv) Any other document required by the State Board of Education; and
(v) From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi who did not meet the following criteria for entrance into an approved teacher education program:
1. Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
2. No less than 2.75 GPA on pre-major coursework of the institution's approved teacher education program provided that the accepted cohort of candidates meets or exceeds a 3.0 GPA on pre-major coursework.
(b) Standard License - Nontraditional Teaching Route. From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi under the alternate route who did not meet the following criteria:
(i) Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
(ii) No less than 2.75 GPA on content coursework in the requested area of certification or passing Praxis II scores at or above the national recommended score provided that the accepted cohort of candidates of the institution's teacher education program meets or exceeds a 3.0 GPA on pre-major coursework.
Beginning January 1, 2004, an individual who has a passing score on the Praxis I Basic Skills and Praxis II Specialty Area Test in the requested area of endorsement may apply for the Teach Mississippi Institute (TMI) program to teach students in Grades 7 through 12 if the individual meets the requirements of this paragraph (b). The State Board of Education shall adopt rules requiring that teacher preparation institutions which provide the Teach Mississippi Institute (TMI) program for the preparation of nontraditional teachers shall meet the standards and comply with the provisions of this paragraph.
(i) The Teach Mississippi Institute (TMI) shall include an intensive eight-week, nine-semester-hour summer program or a curriculum of study in which the student matriculates in the fall or spring semester, which shall include, but not be limited to, instruction in education, effective teaching strategies, classroom management, state curriculum requirements, planning and instruction, instructional methods and pedagogy, using test results to improve instruction, and a one (1) semester three-hour supervised internship to be completed while the teacher is employed as a full-time teacher intern in a local school district. The TMI shall be implemented on a pilot program basis, with courses to be offered at up to four (4) locations in the state, with one (1) TMI site to be located in each of the three (3) Mississippi Supreme Court districts.
(ii) The school sponsoring the teacher intern shall enter into a written agreement with the institution providing the Teach Mississippi Institute (TMI) program, under terms and conditions as agreed upon by the contracting parties, providing that the school district shall provide teacher interns seeking a nontraditional provisional teaching license with a one-year classroom teaching experience. The teacher intern shall successfully complete the one (1) semester three-hour intensive internship in the school district during the semester immediately following successful completion of the TMI and prior to the end of the one-year classroom teaching experience.
(iii) Upon completion of the nine-semester-hour TMI or the fall or spring semester option, the individual shall submit his transcript to the commission for provisional licensure of the intern teacher, and the intern teacher shall be issued a provisional teaching license by the commission, which will allow the individual to legally serve as a teacher while the person completes a nontraditional teacher preparation internship program.
(iv) During the semester of internship in the school district, the teacher preparation institution shall monitor the performance of the intern teacher. The school district that employs the provisional teacher shall supervise the provisional teacher during the teacher's intern year of employment under a nontraditional provisional license, and shall, in consultation with the teacher intern's mentor at the school district of employment, submit to the commission a comprehensive evaluation of the teacher's performance sixty (60) days prior to the expiration of the nontraditional provisional license. If the comprehensive evaluation establishes that the provisional teacher intern's performance fails to meet the standards of the approved nontraditional teacher preparation internship program, the individual shall not be approved for a standard license.
(v) An individual issued a provisional teaching license under this nontraditional route shall successfully complete, at a minimum, a one-year beginning teacher mentoring and induction program administered by the employing school district with the assistance of the State Department of Education.
(vi) Upon successful completion of the TMI and the internship provisional license period, applicants for a Standard License - Nontraditional Route shall submit to the commission a transcript of successful completion of the twelve (12) semester hours required in the internship program, and the employing school district shall submit to the commission a recommendation for standard licensure of the intern. If the school district recommends licensure, the applicant shall be issued a Standard License - Nontraditional Route which shall be valid for a five-year period and be renewable.
(vii) At the discretion of the teacher preparation institution, the individual shall be allowed to credit the twelve (12) semester hours earned in the nontraditional teacher internship program toward the graduate hours required for a Master of Arts in Teacher (MAT) Degree.
(viii) The local school district in which the nontraditional teacher intern or provisional licensee is employed shall compensate such teacher interns at Step 1 of the required salary level during the period of time such individual is completing teacher internship requirements and shall compensate such Standard License - Nontraditional Route teachers at Step 3 of the required salary level when they complete license requirements.
Implementation of the TMI program provided for under this paragraph (b) shall be contingent upon the availability of funds appropriated specifically for such purpose by the Legislature. Such implementation of the TMI program may not be deemed to prohibit the State Board of Education from developing and implementing additional alternative route teacher licensure programs, as deemed appropriate by the board. The emergency certification program in effect prior to July 1, 2002, shall remain in effect.
A Standard License - Approved Program Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License - Approved Program Route or Standard License - Nontraditional Teaching Route over persons holding any other license.
(c) Special License - Expert Citizen. In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A Special License - Expert Citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.
(d) Special License - Nonrenewable. The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in paragraph (a), (b) or (c) of this subsection (6) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.
(e) Nonlicensed Teaching Personnel. A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school district or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire nonlicensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.
(f) Special License - Transitional Bilingual Education. Beginning July 1, 2003, the commission shall grant special licenses to teachers of transitional bilingual education who possess such qualifications as are prescribed in this section. Teachers of transitional bilingual education shall be compensated by local school boards at not less than one (1) step on the regular salary schedule applicable to permanent teachers licensed under this section. The commission shall grant special licenses to teachers of transitional bilingual education who present the commission with satisfactory evidence that they (i) possess a speaking and reading ability in a language, other than English, in which bilingual education is offered and communicative skills in English; (ii) are in good health and sound moral character; (iii) possess a bachelor's degree or an associate's degree in teacher education from an accredited institution of higher education; (iv) meet such requirements as to courses of study, semester hours therein, experience and training as may be required by the commission; and (v) are legally present in the United States and possess legal authorization for employment. A teacher of transitional bilingual education serving under a special license shall be under an exemption from standard licensure if he achieves the requisite qualifications therefor. Two (2) years of service by a teacher of transitional bilingual education under such an exemption shall be credited to the teacher in acquiring a Standard Educator License. Nothing in this paragraph shall be deemed to prohibit a local school board from employing a teacher licensed in an appropriate field as approved by the State Department of Education to teach in a program in transitional bilingual education.
(g) In the event any school district meets the highest accreditation standards as defined by the State Board of Education in the accountability system, the State Board of Education, in its discretion, may exempt such school district from any restrictions in paragraph (e) relating to the employment of nonlicensed teaching personnel.
(h) Highly Qualified Teachers. Beginning July 1, 2006, any teacher from any state meeting the federal definition of highly qualified, as described in the No Child Left Behind Act, must be granted a standard five-year license by the State Department of Education.
(7) Administrator License. The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.
(a) Administrator License - Nonpracticing. Those educators holding administrative endorsement but having no administrative experience or not serving in an administrative position on January 15, 1997.
(b) Administrator License - Entry Level. Those educators holding administrative endorsement and having met the department's qualifications to be eligible for employment in a Mississippi school district. Administrator License - Entry Level shall be issued for a five-year period and shall be nonrenewable.
(c) Standard Administrator License - Career Level. An administrator who has met all the requirements of the department for standard administrator licensure.
(d) Administrator License - Nontraditional Route. The board may establish a nontraditional route for licensing administrative personnel. Such nontraditional route for administrative licensure shall be available for persons holding, but not limited to, a master of business administration degree, a master of public administration degree, a master of public planning and policy degree or a doctor of jurisprudence degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.
Individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. All applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.
(8) Reciprocity. (a) The department shall grant a standard license to any individual who possesses a valid standard license from another state and meets minimum Mississippi license requirements or equivalent requirements as determined by the State Board of Education. The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
(b) The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.
(9) Renewal and Reinstatement of Licenses. The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard license held by an educator shall be extended five (5) years beyond the expiration date of the license in order to afford the educator adequate time to fulfill new renewal requirements established pursuant to this subsection. An educator completing a master of education, educational specialist or doctor of education degree in May 1997 for the purpose of upgrading the educator's license to a higher class shall be given this extension of five (5) years plus five (5) additional years for completion of a higher degree.
(10) All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission on Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission or its subcommittee shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the committee or its subcommittee. An appeal to the State Board of Education shall be on the record previously made before the commission or its subcommittee unless otherwise provided by rules and regulations adopted by the board. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the committee or its subcommittee. The decision of the State Board of Education shall be final.
(11) The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:
(a) Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;
(b) The applicant has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;
(c) The applicant is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect, at the time of application for a license;
(d) Revocation, suspension or surrender of an applicant's certificate or license by another state shall result in immediate denial of licensure until such time that the records predicating the revocation, suspension or surrender in the prior state have been cleared;
(e) Fraud or deceit committed by the applicant in securing or attempting to secure such certification and license;
(f) Failing or refusing to furnish reasonable evidence of identification;
(g) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law;
(h) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law. For purposes of this paragraph (h) and paragraph (g) of this subsection, a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion; or
(i) Probation or post-release supervision for a felony or sex offense conviction, as defined by federal or state law, shall result in the immediate denial of licensure application until expiration of the probationary or post-release supervision period.
(12) The State Board of Education, acting through the commission, may revoke, suspend or refuse to renew any teacher or administrator license for specified periods of time or may place on probation, censure, reprimand a licensee, or take other disciplinary action with regard to any license issued under this chapter for one or more of the following:
(a) Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57;
(b) Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;
(c) Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;
(d) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this paragraph, a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(e) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense, as defined by federal or state law, shall result in immediate suspension or revocation;
(f) The license holder has received probation or post-release supervision for a felony or sex offense conviction, as defined by federal or state law, which shall result in immediate suspension or revocation until expiration of the probationary or post-release supervision period;
(g) The license holder knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1);
(h) The license holder has engaged in unethical conduct relating to an educator/student relationship as identified by the State Board of Education in its rules;
(i) The license holder has fondled a student as described in Section 97-5-23, or had any type of sexual involvement with a student as described in Section 97-3-95;
(j) The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24;
(k) The license holder served as superintendent or principal in a school district during the time preceding and/or that resulted in the Governor declaring a state of emergency and the State Board of Education appointing a conservator;
(l) The license holder submitted a false certification to the State Department of Education that a statewide test was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System; or
(m) The license holder has failed to comply with the Procedures for Reporting Infractions as promulgated by the commission and approved by the State Board of Education pursuant to subsection (15) of this section.
(13) (a) Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59 may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.
(b) Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.
(c) A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may only be reinstated by a majority vote of all members of the commission present at the meeting called for such purpose.
(14) (a) A person whose license has been revoked or surrendered on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of revocation or surrender, or after one-half (1/2) of the revoked or surrendered time has lapsed, whichever is greater. A person whose license has been suspended on any grounds or violations under subsection (12) of this section may be reinstated automatically or approved for a reinstatement hearing, upon submission of a written request to the commission. A license suspended, revoked or surrendered on criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked, suspended or surrendered license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner's rehabilitation and fitness to perform the duties authorized by the license.
(b) A person whose license expires while under investigation by the Office of Educator Misconduct for an alleged violation may not be reinstated without a hearing before the commission if required based on the results of the investigation.
(15) Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.
(16) An appeal from the action of the State Board of Education in denying an application, revoking or suspending a license or otherwise disciplining any person under the provisions of this section shall be filed in the Chancery Court of the First Judicial District of Hinds County, Mississippi, on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in chancery court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and the filing of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the chancery court, the applicant or license holder shall pay the costs of the appeal and the action of the chancery court.
(17) All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.
(18) The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public school districts of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.
(19) In addition to the reasons specified in subsections (12) and (13) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 20. This act shall take effect and be in force from and after July 1, 2019.