Senate Bill 2793

AN ACT TO AMEND SECTION 37-161-3, MISSISSIPPI CODE OF 1972, TO CREATE A PILOT PROGRAM FOR THE CREATION OF VIRTUAL PUBLIC SCHOOLS OPERATED BY SCHOOL DISTRICTS; TO PROVIDE FOR THE DEFINITIONS AND REQUIREMENTS OF THE PROGRAM; TO PROVIDE FOR THE FUNDING FORMULA FOR THE PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-161-3, Mississippi Code of 1972, is amended as follows:

37-161-3. (1) The Legislature finds and declares the following:

(a) Meeting the educational needs of children in our state's schools is of the greatest importance to the future welfare of the State of Mississippi;

(b) Closing the achievement gap between high-performing students, including the achievement gap among at-risk students, is a significant and present challenge;

(c) Providing a broader range of educational options to parents and utilizing existing resources, along with technology, may help students in the state improve their academic achievement; and

(d) Many of the state's school districts currently lack the capacity to provide other public school choices for students whose schools are low performing.

(2) There is created the Mississippi Virtual Public School Program, which is the responsibility of the State Department of Education. It is the intent of the Legislature that the Mississippi Virtual Public School established under this section provides Mississippi families with an alternative choice to access additional educational resources in an effort to improve academic achievement. The Mississippi Virtual Public School must be recognized as a public school and provide equitable treatment and resources as are other public schools in the state. Private providers, overseen by the State Department of Education, may be selected by the State Board of Education to administer, manage or operate virtual school programs in this state, including the total operation of the Mississippi Virtual Public School Program. Any private provider chosen to provide services under the provisions of this subsection shall be chosen through the Mississippi Online Course Application Process.

(3) Nothing in this section may be interpreted as precluding the use of computer- and internet-based instruction for students in a virtual or remote setting utilizing the Mississippi Virtual Public School.

(4) There is created a pilot program for the creation of virtual public schools to be operated by public school districts or regional education service agencies. Each pilot virtual public school program established pursuant to this provision must be recognized as a public school and provide equitable treatment and resources as are other public schools in the state. Private providers may be utilized by the sponsor of any pilot program to administer, manage or operate virtual school programs in this state. Contracts with selected providers shall be overseen by the sponsoring entity and ensure that the maximum services and resources are procured for the per-student cost.

( * * *45) As used in this section, the following words and phrases have the meanings respectively ascribed unless the context clearly requires otherwise:

(a) "Mississippi Virtual Public School" means a public school in which the state uses technology in order to deliver instruction to students via the internet in a virtual or remote setting.

(b) "Pilot virtual public school" means a full-time public school established pursuant to this section that uses technology in order to deliver synchronous and asynchronous instruction to students via the internet in a virtual or remote setting. Distance learning as defined in Section 37-67-1 does not meet the requirement for synchronous instruction; provided that nothing in this act shall limit the provision for distance learning as provided for in Section 37-67-1.

( * * *bc) "Sponsor" means the public school district * * * or regional education service agency that is responsible for the operation of a pilot virtual public school. The sponsor is responsible for the academic progress of each student enrolled in a pilot virtual public school in all aspects of accountability.

( * * *56) (a) The State Board of Education shall establish the Mississippi Virtual Public School beginning in school year 2006-2007.

(b) A total of three (3) slots shall be available for a sponsor to voluntarily establish a pilot virtual public school, beginning in school year 2021-2022, or any subsequent year, until the three (3) slots are filled. A potential sponsor must notify the State Department of Education of its intent to establish a pilot virtual public school. The Department of Education shall notify the potential sponsor whether or not there are still pilot slots available. Any district or regional education service agency that receives notification from the State Department of Education that it has a slot to participate in the pilot program must establish its virtual public school within eighteen (18) months of the notification or shall lose its slot in the pilot program. If a sponsor establishes a virtual public school, but fails to enroll students within its first year of that program, it shall lose its authorization to operate in the following school year and another district shall be allowed to create a new program.

( * * *bc) Students who enroll in the Mississippi Virtual Public School may reside anywhere in the State of Mississippi.

( * * *67) Subject to appropriation, the Mississippi Virtual Public School shall provide to each student enrolled in the school all necessary instructional materials. Subject to appropriation, the sponsored school must ensure that each student is provided access to the necessary technology, such as a computer and printer, and to an internet connection for schoolwork purposes.

( * * *78) The Mississippi Department of Education shall have approval authority for all coursework and policy of the Mississippi Virtual Public School.

(9) The sponsor of a pilot virtual public school must ensure that each student is provided access to the necessary instruction materials, technology, an internet connection for schoolwork purposes and any applicable special education services.

( * * *810) Each teacher employed by or participating in the delivery of instruction through the Mississippi Virtual Public School or a pilot virtual public school must meet all qualifications for licensure in the State of Mississippi.

( * * *911) Any student who meets state residency requirements may enroll in the Mississippi Virtual Public School or a pilot virtual public school.

( * * *1012) Enrollment in the Mississippi Virtual Public School shall be free of charge to students. The costs associated with the operations of the virtual school must be shared by the State Department of Education, subject to appropriation, and/or the local school districts. Once the State Department of Education appropriation and the local school district budgeted funds for Mississippi Virtual Public School have been expended and students choose to enroll in online courses, the costs of the online courses may be the responsibility of the students' parents or guardians.

(13) Enrollment in a pilot virtual public school shall be free of charge to students. For students enrolling in a pilot virtual public school operated by a school district or Regional Education Service Agency in which the student does not reside, the Department of Education shall pay to the school district operating the program an amount as follows: the pro rata ad valorem receipts and in-lieu payments per pupil for the support of the local school district in which the student resides under Sections 37-57-1 and 37-57-105, however, not including any taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. The amount of funds payable to the school district operating the program by the resident school district must be based on the previous year's enrollment data and ad valorem receipts and in-lieu receipts of the local school district in which the student resides. The pro rata amount must be calculated by dividing the resident local school district's months one (1) through nine (9) average daily membership into the total amount of ad valorem receipts and in-lieu receipts, as reported to the Department of Education by the resident local school district. The payable amount from the resident district to the district operating the program shall be equal to this pro rata amount multiplied by the number of students enrolled based on the end of first month enrollment for the current school year. The Department of Education shall reduce the resident school district's January transfer of Mississippi Adequate Education Program funds by the amount owed to the sponsor of the pilot virtual public school and shall redirect that amount to that district.

Any such payments made under this subsection (13) by the Department of Education to a sponsor of a pilot virtual public school accepting students from outside of its district or service area must be made at the same time and in the same manner as adequate education program payments are made to school districts under Sections 37-57-1 and 37-57-105, however, not including any taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. The amount of funds payable to the school district operating the program by the resident school district must be based on the previous year's enrollment data and ad valorem receipts and in-lieu receipts of the local school district in which the student resides. The pro rata amount must be calculated by dividing the resident local school district's months one (1) through nine (9) average daily membership into the total amount of ad valorem receipts and in-lieu receipts, as reported to the State Department of Education by the resident local school district. The payable amount from the resident district to the district operating the program shall be equal to this pro rata amount multiplied by the number of students enrolled based on the end of first month enrollment for the current school year. The Department of Education shall reduce the resident school district's January transfer of Mississippi Adequate Education Program funds by the amount owed to the sponsor of the pilot virtual public school and shall redirect that amount to that district. Any such payments made under this subsection (13) by the State Department of Education to a sponsor of a pilot virtual public school accepting students from outside of its district or service area must be made at the same time and in the same manner as adequate education program payments are made to school districts under Sections 37-151-101 and 37-151-103.

(14) Any sponsor operating a pilot virtual public school shall adopt a policy governing the enrollment procedures. The enrollment policy shall minimally include:

(a) The timeframe in which student applications will be accepted for both the fall and spring semesters;

(b) Provision of notice of the application to the resident district if applicant student resides outside of the district or service area within five (5) days of receipt of the application;

(c) The policies and procedures related to the creation of a waiting list if more students from outside of the district or service area apply than can be accommodated by the program;

(d) An opportunity for parental input and hearing prior to any denial of an application for any reason other than lack of program capacity; and

(e) Engagement policies and a process with provision of fair warnings and opportunities for corrective actions prior to removal from the program for lack of engagement.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.