MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Education
By: Representative Mickens
AN ACT TO CREATE NEW SECTION 37-16-2, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO CONTRACT WITH A SINGLE ENTITY FOR THE DEVELOPMENT AND ADMINISTRATION OF THE ACT ASPIRE ASSESSMENT COMPONENTS AS THE COMPREHENSIVE STATEWIDE ASSESSMENT PROGRAM FOR PUBLIC SCHOOL STUDENTS IN GRADES 3 THROUGH 10 AS WELL AS ALGEBRA I AND ENGLISH II; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PROVIDE A JOB SKILLS ASSESSMENT SYSTEM THAT ALLOWS STUDENTS TO EARN A NATIONALLY RECOGNIZED CAREER READINESS CERTIFICATE CREDENTIALING WORKPLACE EMPLOYABILITY SKILLS; TO REQUIRE THE ACT ASPIRE AS THE STATEWIDE ASSESSMENT PROGRAM TO BE FULLY IMPLEMENTED IN ALL PUBLIC SCHOOLS IN THE 2023-2024 SCHOOL YEAR; TO PROHIBIT THE STATE BOARD OF EDUCATION FROM CONTRACTING WITH ANY ENTITY FOR THE DEVELOPMENT OF A STATEWIDE ASSESSMENT WHOSE ALIGNMENT OF CURRICULUM AND TESTING STANDARDS ARE IN COMPLIANCE WITH THE PARTNERSHIP FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS (PARCC) WITHOUT EXPRESS LEGISLATIVE AUTHORITY; TO AMEND SECTIONS 37-16-1, 37-16-3, 37-16-4, 37-16-5, 37-16-7, 37-16-9 AND 37-16-17, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE STATEWIDE TESTING PROGRAM, AND SECTIONS 37-3-49, 37-15-38, 37-17-6, 37-18-1, 37-18-3, 37-20-5, 37-20-7 AND 37-28-45, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS OF THIS ACT; TO AMEND SECTION 37-16-11, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ISSUANCE OF A STANDARD DIPLOMA TO CERTAIN EXCEPTIONAL CHILDREN WITH INTELLECTUAL IMPAIRMENTS WHO HAVE IEPS UPON THEIR MEETING THE EDUCATIONAL REQUIREMENTS OF THEIR IEP AND THOSE ESTABLISHED BY THE STATE BOARD OF EDUCATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 37-16-2, Mississippi Code of 1972:
37-16-2. (1) The State Board of Education shall contract with a single entity for the development and administration of a statewide assessment program designed to measure individual student progress over time utilizing standards-based assessments, which is commensurate with the ACT Aspire summative assessments. The entity selected by the board must satisfy the following criteria:
(a) The entity must be an independent organization that provides assessment, research, information and program management services aimed at helping persons in the areas of education and workforce development;
(b) The entity must have no less than fifty (50) years experience in the administration of a nationally recognized college entrance readiness examination that, as of the effective date of House Bill No. 198, 2022 Regular Session, is required to be taken by all public school students in eleventh grade in certain states, including Mississippi; and
(c) The entity must provide a comprehensive summative assessment system for students in Grades 3 through 10, as well as Algebra I and English II, which are aligned to the Mississippi College and Career-Ready Standards.
(2) The statewide assessment system implemented pursuant to this section must be comprised of the following three (3) components:
(a) For students in Grades 3 through 10, a vertically articulated, standards-based summative assessment system that annually assesses individual student progress in the content areas of writing, reading, English and mathematics and which connects student performance in the context of college and career readiness benchmarks that are aligned with the Mississippi College and Career-Ready Standards.
(b) For students enrolled in Algebra I and English II, a standards-based end-of-course (EOC) assessment aligned with college readiness standards.
(c) For high school students, a job skills assessment that enables students to determine the skill levels required for various jobs and which leads to the earning of a nationally recognized career readiness certificate upon successful completion of certain assessments.
(3) As soon as practicable following the effective date of House Bill No. 198, 2022 Regular Session, the State Board of Education shall enter into an agreement with an entity meeting the criteria set forth in subsection (1) to begin the process of establishing the statewide assessment system required under this section. The State Department of Education shall collaborate with the entity in its development of the statewide assessment system to be administered in Mississippi, which must be fully implemented in all public schools throughout the state in the 2023-2024 school year.
(4) Unless otherwise specifically authorized by law, beginning in the 2023-2024 school year, examinations administered under the statewide assessment system implemented pursuant to this section are the only statewide assessments given in all public schools during a school year, except for the Kindergarten Readiness Assessment, the Third Grade Summative Assessment and the ACT for students in Grade 11.
(5) The State Department of Education shall seek a waiver or amendment to any existing waiver for federal approval of the assessment system required under this section. The department shall notify the United States Department of Education about this section and shall take such steps as may be necessary to assure the United States Department of Education that the State of Mississippi is on track to develop and implement a summative assessment system as required under federal law.
(6) The State Board of Education may not contract with any entity for the development and administration of a statewide assessment system with whom the state previously had entered into contract under the initial adoption and implementation of the Common Core State Standards, which assessment was to begin during the 2014-2015 school year in compliance with the Partnership for Assessment of Readiness for College and Careers (PARCC). The board may not contract with any entity providing original or subsequent assessments under the Smarter Balance Assessment or the PARCC consortium unless specific legislation is enacted by the Mississippi Legislature authorizing the board to take such action to provide a statewide assessment that aligns with the Mississippi College and Career-Ready Standards.
SECTION 2. Section 37-16-1, Mississippi Code of 1972, is amended as follows:
37-16-1. The primary
purposes of the statewide * * * assessment program * * * are to measure individual student
progress and to provide information needed for state-level decisions. The
program shall be designed to:
(a) Assist in the identification of educational needs at the state, district and school levels.
(b) Assess how well
districts * * *,
schools and individual students are meeting state goals and minimum
performance standards.
(c) Provide information to aid in the development of policy issues and concerns.
(d) Provide a basis for comparisons among districts, between charter schools throughout the state and nonpublic charter schools in those school districts in which charter schools are located, and between districts, the state and the nation, where appropriate.
(e) Produce data which can be used to aid in the identification of exceptional educational programs or processes.
SECTION 3. Section 37-16-3, Mississippi Code of 1972, is amended as follows:
37-16-3. (1) * * * As part of the statewide
assessment program, the State Department of Education shall:
(a) Establish, with the approval of the State Board of Education, minimum performance standards related to the goals for education contained in the state's plan including, but not limited to, basic skills in reading, writing and mathematics. The minimum performance standards shall be approved by April 1 in each year they are established.
(b) Conduct * * * the statewide * * * assessment program * * * in the public
schools, including charter schools, in accordance with the terms and
conditions set forth in the contract for the administration of the statewide
assessment program required under Section 37-16-2. The program may test
skill areas, basic skills and high school course content.
(c) Monitor the results of the assessment program and, at any time the composite student performance of a school or basic program is found to be below the established minimum standards, notify the district superintendent or the governing board of the charter school, as the case may be, the school principal and the school advisory committee or other existing parent group of the situation within thirty (30) days of its determination. The department shall further provide technical assistance to a school district in the identification of the causes of this deficiency and shall recommend courses of action for its correction.
(d) Provide technical assistance to the school districts, when requested, in the development of student performance standards in addition to the established minimum statewide standards.
(e) Issue security
procedure regulations providing for the security and integrity of the tests
that are administered under the * * * statewide assessment
program.
(f) In case of an
allegation of a testing irregularity that prompts a need for an investigation
by the State Department of Education, the department may, in its
discretion, take complete control of the statewide * * * assessment administration in a
school district or any part thereof, including, but not limited to, obtaining
control of the test booklets and answer documents. In the case of any verified
testing irregularity that jeopardized the security and integrity of the test(s),
validity or the accuracy of the * * * assessment results, the cost of the
investigation and any other actual and necessary costs related to the
investigation paid by the State Department of Education shall be
reimbursed by the local school district from funds other than federal funds,
Mississippi Adequate Education Program funds, or any other state funds within
six (6) months from the date of notice by the department to the school district
to make reimbursement to the department.
(2) * * * Annual
examinations administered under the statewide assessment program implemented
pursuant to Section 37-16-2 shall be completed by each student in the
appropriate grade. These tests shall be administered in such a manner as to
preserve the integrity and validity of the assessment. In the event of excused
or unexcused student absences, make-up tests shall be given. The school
superintendent of every school district in the state and the principal of each
charter school shall annually certify to the State Department of Education that
each student enrolled in the appropriate grade has completed the required * * * statewide assessment * * * for his or her grade in a valid test
administration.
(3) Within five (5) days of
completing the administration of a statewide * * * assessment, the principal of the
school where the * * *
assessment was administered shall certify under oath to the State
Department of Education that the statewide * * * assessment was administered in
strict accordance with the Requirements of the Mississippi Statewide Assessment
System as adopted by the State Board of Education. The principal's sworn
certification shall be set forth on a form developed and approved by the State
Department of Education. If, following the administration of a statewide * * * assessment, the principal has
reason to believe that the * * * assessment was not administered in
strict accordance with the Requirements of the Mississippi Statewide Assessment
System as adopted by the State Board of Education, the principal shall submit a
sworn certification to the State Department of Education setting forth
all information known or believed by the principal about all potential
violations of the Requirements of the Mississippi Statewide Assessment System
as adopted by the State Board of Education. The submission of false information
or false certification to the State Department of Education by any
licensed educator may result in licensure disciplinary action pursuant to
Section 37-3-2 and criminal prosecution pursuant to Section 37-16-4.
SECTION 4. Section 37-16-4, Mississippi Code of 1972, is amended as follows:
37-16-4. (1) It is unlawful for anyone knowingly and willfully to do any of the following acts regarding mandatory uniform tests administered to students as required by the State Department of Education:
(a) Give examinees
access to * * *
assessment questions prior to testing;
(b) Copy or reproduce all or any portion of any secure test booklet;
(c) Coach examinees during testing or alter or interfere with examinees' responses in any way;
(d) Make answer keys available to examinees;
(e) Fail to account for all secure test materials before, during and after testing;
(f) Participate in, direct, aid, counsel, assist in, encourage or fail to report any of the acts prohibited in this section.
(2) Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.
(3) Any person submitting a
false certification to the State Department of Education that each statewide * * * assessment in a school was
administered in strict accordance with the Requirements of the Mississippi
Statewide Assessment System as adopted by the State Board of Education, and
with willful intent, is guilty of a felony and upon conviction thereof,
shall be fined not more than Fifteen Thousand Dollars ($15,000.00), or be
imprisoned for not more than three (3) years, or both. Upon conviction, the
State Board of Education may suspend or revoke the administrative or teaching
credentials, or both, of the person convicted.
(4) The district attorney shall investigate allegations of violations of this section, either on its own initiative following a receipt of allegations, or at the request of a school district or the State Department of Education.
(5) The district attorney shall furnish to the State Superintendent of Public Education a report of the findings of any investigation conducted pursuant to this section.
(6) The State Board of
Education shall establish statistical guidelines to examine the results of
state mandated * * *
assessments to determine where there is evidence of testing
irregularities resulting in false or misleading results in the aggregate or
composite test scores of the class, grade, age group or school district. When * * * any irregularities are identified,
the State Superintendent of Public Education may order that any group of
students identified as being required to retake the * * * assessment at state expense under
state supervision. The school district shall be given at least thirty (30)
days' notice before the next * * * assessment administration and shall
comply with the order of the State Superintendent of Public Education.
The results from the second administration of the * * * assessment shall be final for all
uses of that data.
* * *
SECTION 5. Section 37-16-5, Mississippi Code of 1972, is amended as follows:
37-16-5. The school board
of * * * each
local school district * * *in this state shall may periodically assess student
performance and achievement in each school. Such assessment programs shall be
based upon local goals and objectives which are compatible with the state's
plan for education and which supplement the minimum performance standards
approved by the State Board of Education. Data from district assessment
programs shall be provided to the State Department of Education when such data
is required in order to evaluate specific instructional programs or processes
or when the data is needed for other research or evaluation projects. Each district
may provide acceptable, compatible district assessment data to substitute for
any assessment data needed at the state level when the State Department of
Education certifies that such data is acceptable for the purposes of Section 37-16-3.
SECTION 6. Section 37-16-7, Mississippi Code of 1972, is amended as follows:
37-16-7. (1) Each district school board shall establish standards for graduation from its schools which shall include as a minimum:
(a) Mastery of minimum
academic skills as measured by assessments * * * administered * * * under the
statewide assessment program implemented pursuant to Section 37-16-2; and
(b) Completion of a minimum number of academic credits, and all other applicable requirements prescribed by the district school board.
( * * *2) The school board of each school district
shall compile, by school, information on high school graduation rates.
High schools with graduation rates lower than eighty percent (80%) must submit
a detailed plan to the * * * Mississippi State Department of Education to
restructure the high school experience to improve graduation rates.
( * * *3) A student who meets all
requirements prescribed in subsection (1) of this section shall be awarded a
standard diploma in a form prescribed by the State Board of Education.
( * * *4) The State Board of Education may
establish student proficiency standards for promotion to grade levels leading
to graduation.
SECTION 7. Section 37-16-9, Mississippi Code of 1972, is amended as follows:
37-16-9. (1) The state board shall, after a public hearing and consideration, make provision for appropriate accommodations for testing instruments and procedures for students with identified handicaps or disabilities in order to ensure that the results of the testing represent the student's achievement, rather than reflecting the student's impaired sensory, manual, speaking or psychological process skills, except when such skills are the factors the test purports to measure.
(2) The public hearing and consideration required hereunder shall not be construed to amend or nullify the requirements of security relating to the contents of examinations or assessment instruments and related materials or data.
(3) Children with
disabilities shall be included in general statewide assessment program
implemented pursuant to Section 37-16-2 and in any district-wide
assessments * * *
administered in a particular school district, with appropriate
accommodations, where necessary. As appropriate, the State Department of
Education and the local educational agency shall:
(a) Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and
(b) Develop and * * *
conduct those alternate assessments.
(4) The State Department of Education shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(a) The number of children with disabilities participating in regular assessments;
(b) The number of children participating in alternate assessments;
(c) The performance of
those children on regular assessments * * * and on
alternate assessments, * * * if doing so would be statistically sound
and would not result in the disclosure of performance results identifiable to
individual children; and
(d) Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.
SECTION 8. Section 37-16-17, Mississippi Code of 1972, is amended as follows:
37-16-17. (1) Purpose. (a) The purpose of this section is to create a quality option in Mississippi's high schools for students not wishing to pursue a baccalaureate degree, which shall consist of challenging academic courses and modern career-technical studies. The goal for students pursuing the career track is to graduate from high school with a standard diploma and credit toward a community college certification in a career-technical field. These students also shall be encouraged to participate in twelfth grade post-testing under the job skills assessment component of the statewide assessment program which, upon successful completion, will lead to a nationally recognized career readiness certificate; further, these students are encouraged to take the national assessment in the career-technical field in which they become certified.
(b) The State Board of Education shall develop and adopt course and curriculum requirements for career track programs offered by local public school boards in accordance with this section. The Mississippi Community College Board and the State Board of Education jointly shall determine course and curriculum requirements for the career track program.
(2) Alternative career track; description; curriculum. (a) A career track shall provide a student with greater technical skill and a strong academic core and shall be offered to each high school student enrolled in a public school district. The career track program shall be linked to postsecondary options and shall prepare students to pursue either a degree or certification from a postsecondary institution, an industry-based training or certification, an apprenticeship, the military, or immediate entrance into a career field. The career track shall be designed primarily for those students who are not college bound and shall provide them with alternatives to entrance into a four-year university or college after high school graduation.
(b) Students pursuing a career track shall be afforded the opportunity to dually enroll in a community or technical college or to participate in a business internship or work-study program, when such opportunities are available and appropriate.
(c) Each public school district shall offer a career track program approved by the State Board of Education.
(d) Students in a career track program shall complete an academic core of courses and a career and technical sequence of courses.
(e) The twenty-one (21) course unit requirements for the career track shall consist of the following:
(i) At least four (4) English credits, including English I and English II.
(ii) At least three (3) mathematics credits, including Algebra I.
(iii) At least three (3) science credits, including one (1) unit of biology.
(iv) At least three (3) social studies credits, including one (1) unit of U.S. History and one (1) unit of Mississippi Studies/U.S. Government.
(v) At least one-half (1/2) credit in health or physical education.
(vi) At least four (4) credits in career and technical education courses in the dual enrollment-dual credit programs authorized under Section 37-15-38.
(vii) At least one (1) credit in integrated technology with optional end of course testing.
(viii) At least two and one-half (2-1/2) credits in additional electives or career and technical education courses required by the local school board, as approved by the State Board of Education. Academic courses within the career track of the standard diploma shall provide the knowledge and skill necessary for proficiency on the state subject area tests.
(3) Nothing in this section shall disallow the development of a dual enrollment program with a technical college so long as an individual school district, with approval from the State Department of Education, agrees to implement such a program in connection with a technical college and the agreement is also approved by the proprietary school's commission.
(4) The career track program for students not pursuing a Baccalaureate Degree shall not be available to any student entering the ninth grade in the 2017-2018 school year or thereafter.
SECTION 9. Section 37-3-49, Mississippi Code of 1972, is amended as follows:
37-3-49. (1) The State
Department of Education shall provide an instructional program and establish
guidelines and procedures for managing such program in the public schools
within the school districts throughout the state as part of the State Program
of Educational Accountability and Assessment of Performance as prescribed in
Section 37-3-46. Public school districts may (a) elect to adopt the
instructional program and management system provided by the State Department of
Education, or (b) elect to adopt an instructional program and management system
which meets or exceeds criteria established by the State Department of
Education for such. This provision shall begin with the courses taught in
Grades K-8 which contain skills tested through the * * * statewide
assessment program and shall proceed through all secondary school courses
mandated for graduation * * * and all secondary school courses in the Mississippi end‑of‑course
testing program. Other state core objectives must be included in
the district's instructional program as they are provided by the State
Department of Education along with instructional practices, resources,
evaluation items and management procedures. Districts are encouraged to adapt
this program and accompanying procedures to all other instructional areas. The
department shall provide that such program and guidelines, or a program and
guidelines developed by a local school district which incorporates the core
objectives from the curriculum structure are enforced through the performance-based
accreditation system. It is the intent of the Legislature that every effort be
made to protect the instructional time in the classroom and reduce the amount
of paperwork which must be completed by teachers. The State Department of
Education shall take steps to insure that school districts properly use staff
development time to work on the districts' instructional management plans.
(2) The State Department of Education shall provide such instructional program and management guidelines which shall require for every public school district that:
(a) All courses taught
in Grades K-8 which contain skills which are tested through the * * * statewide
assessment program * * *
and all secondary school courses mandated for graduation * * * shall
include the State Department of Education's written list of learning
objectives.
(b) The local school board must adopt the objectives that will form the core curriculum which will be systematically delivered throughout the district.
(c) The set of objectives provided by the State Department of Education must be accompanied by suggested instructional practices and resources that would help teachers organize instruction so as to promote student learning of the objectives. Objectives added by the school district must also be accompanied by suggested instructional practices and resources that would help teachers organize instruction. The instructional practices and resources that are identified are to be used as suggestions and not as requirements that teachers must follow. The goal of the program is to have students to achieve the desired objective and not to limit teachers in the way they teach.
(d) Standards for student performance must be established for each core objective in the local program and those standards establish the district's definition of mastery for each objective.
(e) There shall be an annual review of student performance in the instructional program against locally established standards. When weaknesses exist in the local instructional program, the district shall take action to improve student performance.
(3) The State Board of Education and the board of trustees of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.
(4) This section shall not be construed to limit teachers from using their own professional skills to help students master instructional objectives, nor shall it be construed as a call for more detailed or complex lesson plans or any increase in testing at the local school district level.
(5) Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (2) of this section.
SECTION 10. Section 37-15-38, Mississippi Code of 1972, is amended as follows:
37-15-38. (1) The following phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) A dual enrolled student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school.
(b) A dual credit student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school and who is receiving high school and college credit for postsecondary coursework.
(2) A local school board, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall establish a dual enrollment system under which students in the school district who meet the prescribed criteria of this section may be enrolled in a postsecondary institution in Mississippi while they are still in school.
(3) Dual credit eligibility. Before credits earned by a qualified high school student from a community or junior college or state institution of higher learning may be transferred to the student's home school district, the student must be properly enrolled in a dual enrollment program.
(4) Admission criteria for dual enrollment in community and junior college or university programs. The Mississippi Community College Board and the Board of Trustees of State Institutions of Higher Learning may recommend to the State Board of Education admission criteria for dual enrollment programs under which high school students may enroll at a community or junior college or university while they are still attending high school and enrolled in high school courses. Students may be admitted to enroll in community or junior college courses under the dual enrollment programs if they meet that individual institution's stated dual enrollment admission requirements.
(5) Tuition and cost responsibility. Tuition and costs for university-level courses and community and junior college courses offered under a dual enrollment program may be paid for by the postsecondary institution, the local school district, the parents or legal guardians of the student, or by grants, foundations or other private or public sources. Payment for tuition and any other costs must be made directly to the credit-granting institution.
(6) Transportation responsibility. Any transportation required by a student to participate in the dual enrollment program is the responsibility of the parent, custodian or legal guardian of the student. Transportation costs may be paid from any available public or private sources, including the local school district.
(7) School district average daily attendance credit. When dually enrolled, the student may be counted, for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school.
(8) High school student transcript transfer requirements. Grades and college credits earned by a student admitted to a dual credit program must be recorded on the high school student record and on the college transcript at the university or community or junior college where the student attends classes. The transcript of the university or community or junior college coursework may be released to another institution or applied toward college graduation requirements.
(9) Determining factor of prerequisites for dual enrollment courses. Each university and community or junior college participating in a dual enrollment program shall determine course prerequisites. Course prerequisites shall be the same for dual enrolled students as for regularly enrolled students at that university or community or junior college.
(10) Process for determining articulation of curriculum between high school, university, and community and junior college courses. All dual credit courses must meet the standards established at the postsecondary level. Postsecondary level developmental courses may not be considered as meeting the requirements of the dual credit program. Dual credit memorandum of understandings must be established between each postsecondary institution and the school district implementing a dual credit program.
(11) [Deleted]
(12) Eligible courses for dual credit programs. Courses eligible for dual credit include, but are not necessarily limited to, foreign languages, advanced math courses, advanced science courses, performing arts, advanced business and technology, and career and technical courses. Distance Learning Collaborative Program courses approved under Section 37-67-1 shall be fully eligible for dual credit. All courses being considered for dual credit must receive unconditional approval from the superintendent of the local school district and the chief instructional officer at the participating community or junior college or university in order for college credit to be awarded. A university or community or junior college shall make the final decision on what courses are eligible for semester hour credits.
(13) High school Carnegie unit equivalency. One (1) three-hour university or community or junior college course is equal to one (1) high school Carnegie unit.
(14) Course alignment. The universities, community and junior colleges and the State Department of Education shall periodically review their respective policies and assess the place of dual credit courses within the context of their traditional offerings.
(15) Maximum dual credits allowed. It is the intent of the dual enrollment program to make it possible for every eligible student who desires to earn a semester's worth of college credit in high school to do so. A qualified dually enrolled high school student must be allowed to earn an unlimited number of college or university credits for dual credit.
(16) Dual credit program allowances. A student may be granted credit delivered through the following means:
(a) Examination preparation taught at a high school by a qualified teacher. A student may receive credit at the secondary level after completion of an approved course and passing the standard examination, such as an Advanced Placement or International Baccalaureate course through which a high school student is allowed CLEP credit by making a three (3) or higher on the end-of-course examination.
(b) College or university courses taught at a high school or designated postsecondary site by a qualified teacher who is an employee of the school district and approved as an instructor by the collaborating college or university.
(c) College or university courses taught at a college, university or high school by an instructor employed by the college or university and approved by the collaborating school district.
(d) Online courses of any public university, community or junior college in Mississippi.
(17) Qualifications of dual credit instructors. A dual credit academic instructor must meet the requirements set forth by the regional accrediting association (Southern Association of College and Schools). University and community and junior college personnel have the sole authority in the selection of dual credit instructors.
A dual credit career and technical education instructor must meet the requirements set forth by the Mississippi Community College Board in the qualifications manual for postsecondary career and technical personnel.
(18) Guidance on local agreements. The Chief Academic Officer of the State Board of Trustees of State Institutions of Higher Learning and the Chief Instructional Officers of the Mississippi Community College Board and the State Department of Education, working collaboratively, shall develop a template to be used by the individual community and junior colleges and institutions of higher learning for consistent implementation of the dual enrollment program throughout the State of Mississippi.
(19) Mississippi Works
Dual Enrollment-Dual Credit Option. A local school board and the local
community * * * colleges board shall establish a Mississippi Works Dual Enrollment-Dual
Credit Option Program under which potential or recent student dropouts may
dually enroll in their home school and a local community college in a dual
credit program consisting of high school completion coursework and a community
college credential, certificate or degree program. Students completing the
dual enrollment-credit option may obtain their high school diploma while
obtaining a community college credential, certificate or degree. The
Mississippi Department of Employment Security shall assist students who have
successfully completed the Mississippi Works Dual Enrollment-Dual Credit Option
in securing a job upon the application of the student or the participating
school or community college. The Mississippi Works Dual Enrollment-Dual Credit
Option Program will be implemented statewide in the 2012-2013 school year and
thereafter. The State Board of Education, local school board and the local
community college board shall establish criteria for the Dual Enrollment-Dual
Credit Program. Students enrolled in the program will not be eligible to
participate in interscholastic sports or other extracurricular activities at
the home school district. Tuition and costs for community college courses
offered under the Dual Enrollment-Dual Credit Program shall not be charged to
the student, parents or legal guardians. When dually enrolled, the student
shall be counted for adequate education program funding purposes, in the
average daily attendance of the public school district in which the student
attends high school, as provided in Section 37-151-7(1)(a). Any transportation
required by the student to participate in the Dual Enrollment-Dual Credit
Program is the responsibility of the parent or legal guardian of the student, and
transportation costs may be paid from any available public or private sources,
including the local school district. Grades and college credits earned by a
student admitted to this Dual Enrollment-Dual Credit Program shall be recorded
on the high school student record and on the college transcript at the community
college and high school where the student attends classes. The transcript of
the community college coursework may be released to another institution or
applied toward college graduation requirements. Any course that is * * * a
requirement for graduation from a public school in Mississippi is eligible for
dual credit, and courses eligible for dual credit shall also include career,
technical and degree program courses. All courses eligible for dual credit
shall be approved by the superintendent of the local school district and the
chief instructional officer at the participating community college in order for
college credit to be awarded. A community college shall make the final
decision on what courses are eligible for semester hour credits and the local
school superintendent, subject to approval by the Mississippi Department of
Education, shall make the final decision on the transfer of college courses credited
to the student's high school transcript.
SECTION 11. Section 37-17-6, Mississippi Code of 1972, is amended as follows:
37-17-6. (1) The State Board of Education, acting through the Commission on School Accreditation, shall establish and implement a permanent performance-based accreditation system, and all noncharter public elementary and secondary schools shall be accredited under this system.
(2) * * * The State Board of
Education, acting through the Commission on School Accreditation, shall require
school districts to provide school classroom space that is air-conditioned as a
minimum requirement for accreditation.
(3) (a) * * *
The State Board of Education, acting through the Commission on School
Accreditation, shall require that school districts employ certified school
librarians according to the following formula:
Number of Students Number of Certified
Per School Library School Librarians
0 - 499 Students 1/2 Full-time Equivalent
Certified Librarian
500 or More Students 1 Full-time Certified
Librarian
(b) The State Board of Education, however, may increase the number of positions beyond the above requirements.
(c) The assignment of certified school librarians to the particular schools shall be at the discretion of the local school district. No individual shall be employed as a certified school librarian without appropriate training and certification as a school librarian by the State Department of Education.
(d) School librarians in the district shall spend at least fifty percent (50%) of direct work time in a school library and shall devote no more than one-fourth (1/4) of the workday to administrative activities that are library related.
(e) Nothing in this subsection shall prohibit any school district from employing more certified school librarians than are provided for in this section.
(f) Any additional millage levied to fund school librarians required for accreditation under this subsection shall be included in the tax increase limitation set forth in Sections 37-57-105 and 37-57-107 and shall not be deemed a new program for purposes of the limitation.
(4) * * * The State Board
of Education shall implement the performance-based accreditation system for
school districts and for individual noncharter
public schools which shall include the following:
(a) High expectations for students and high standards for all schools, with a focus on the basic curriculum;
(b) Strong accountability for results with appropriate local flexibility for local implementation;
(c) A process to implement accountability at both the school district level and the school level;
(d) Individual schools shall be held accountable for student growth and performance;
(e) Set annual performance standards for each of the schools of the state and measure the performance of each school against itself through the standard that has been set for it;
(f) A determination of which schools exceed their standards and a plan for providing recognition and rewards to those schools;
(g) A determination of
which schools are failing to meet their standards and a determination of the
appropriate role of the State Board of Education and the State Department of
Education in providing assistance and initiating possible intervention. A
failing district is a district that fails to meet both the absolute student
achievement standards and the rate of annual growth expectation standards as
set by the State Board of Education for two (2) consecutive years. The State
Board of Education shall establish the level of benchmarks by which absolute
student achievement and growth expectations shall be assessed. In setting the
benchmarks for school districts, the State Board of Education may also take into
account such factors as graduation rates, dropout rates, completion rates, the
extent to which the school or district employs qualified teachers in every
classroom, and any other factors deemed appropriate by the State Board of
Education. The State Board of Education, acting through the State Department
of Education, shall apply a simple "A," "B," "C,"
"D" and "F" designation to the current school and school
district statewide accountability performance classification labels beginning
with the State Accountability Results for the 2011-2012 school year and
following, and in the school, district and state report cards required under
state and federal law. Under the new designations, a school or school district
that has earned a "Star" rating shall be designated an "A"
school or school district; a school or school district that has earned a
"High-Performing" rating shall be designated a "B" school
or school district; a school or school district that has earned a "Successful"
rating shall be designated a "C" school or school district; a school
or school district that has earned an "Academic Watch" rating shall
be designated a "D" school or school district; a school or school
district that has earned a "Low-Performing," "At-Risk of
Failing" or "Failing" rating shall be designated an
"F" school or school district. Effective with the implementation of
any new curriculum and assessment standards, the State Board of Education,
acting through the State Department of Education, is further authorized and
directed to change the school and school district accreditation rating system
to a simple "A," "B," "C," "D," and
"F" designation based on a combination of student achievement scores
and student growth as measured by the statewide * * * assessment program required under
Chapter 16, Title 37, Mississippi Code of 1972. In any statute or regulation
containing the former accreditation designations, the new designations shall be
applicable;
(h) * * * Administration of a
comprehensive student assessment system to implement these requirements; and
(i) The State Board of Education may, based on a written request that contains specific reasons for requesting a waiver from the school districts affected by Hurricane Katrina of 2005, hold harmless school districts from assignment of district and school level accountability ratings for the 2005-2006 school year. The State Board of Education upon finding an extreme hardship in the school district may grant the request. It is the intent of the Legislature that all school districts maintain the highest possible academic standards and instructional programs in all schools as required by law and the State Board of Education.
(5) (a) Effective with the 2013-2014 school year, the State Department of Education, acting through the Mississippi Commission on School Accreditation, shall revise and implement a single "A" through "F" school and school district accountability system complying with applicable federal and state requirements in order to reach the following educational goals:
(i) To mobilize resources and supplies to ensure that all students exit third grade reading on grade level by 2015;
(ii) To reduce the student dropout rate to thirteen percent (13%) by 2015; and
(iii) To have
sixty percent (60%) of students scoring proficient and advanced on the
assessments of the * * * Mississippi College and Career Readiness Standards
by 2016 with incremental increases of three percent (3%) each year thereafter.
(b) The State Department of Education shall combine the state school and school district accountability system with the federal system in order to have a single system.
(c) The State Department of Education shall establish five (5) performance categories ("A," "B," "C," "D" and "F") for the accountability system based on the following criteria:
(i) Student Achievement: the percent of students proficient and advanced on the current state assessments;
(ii) Individual student growth: the percent of students making one (1) year's progress in one (1) year's time on the state assessment, with an emphasis on the progress of the lowest twenty-five percent (25%) of students in the school or district;
(iii) Four-year graduation rate: the percent of students graduating with a standard high school diploma in four (4) years, as defined by federal regulations;
(iv) Categories shall identify schools as Reward ("A" schools), Focus ("D" schools) and Priority ("F" schools). If at least five percent (5%) of schools in the state are not graded as "F" schools, the lowest five percent (5%) of school grade point designees will be identified as Priority schools. If at least ten percent (10%) of schools in the state are not graded as "D" schools, the lowest ten percent (10%) of school grade point designees will be identified as Focus schools;
(v) The State Department of Education shall discontinue the use of Star School, High-Performing, Successful, Academic Watch, Low-Performing, At-Risk of Failing and Failing school accountability designations;
(vi) The system shall include the federally compliant four-year graduation rate in school and school district accountability system calculations. Graduation rate will apply to high school and school district accountability ratings as a compensatory component. The system shall discontinue the use of the High School Completer Index (HSCI);
(vii) The school and school district accountability system shall incorporate a standards-based growth model, in order to support improvement of individual student learning;
(viii) The State Department of Education shall discontinue the use of the Quality Distribution Index (QDI);
(ix) The State Department of Education shall determine feeder patterns of schools that do not earn a school grade because the grades and subjects taught at the school do not have statewide standardized assessments needed to calculate a school grade. Upon determination of the feeder pattern, the department shall notify schools and school districts prior to the release of the school grades beginning in 2013. Feeder schools will be assigned the accountability designation of the school to which they provide students;
(x) Standards for student, school and school district performance will be increased when student proficiency is at a seventy-five percent (75%) and/or when sixty-five percent (65%) of the schools and/or school districts are earning a grade of "B" or higher, in order to raise the standard on performance after targets are met.
(6) Nothing in this section shall be deemed to require a nonpublic school that receives no local, state or federal funds for support to become accredited by the State Board of Education.
(7) The State Board of Education shall create an accreditation audit unit under the Commission on School Accreditation to determine whether schools are complying with accreditation standards.
(8) The State Board of
Education shall be specifically authorized and empowered to withhold adequate
education program fund allocations * * * to any public school
district for failure to timely report student, school personnel and fiscal data
necessary to meet state and/or federal requirements.
(9) [Deleted]
(10) The State Board of Education shall establish, for those school districts failing to meet accreditation standards, a program of development to be complied with in order to receive state funds, except as otherwise provided in subsection (15) of this section when the Governor has declared a state of emergency in a school district or as otherwise provided in Section 206, Mississippi Constitution of 1890. The state board, in establishing these standards, shall provide for notice to schools and sufficient time and aid to enable schools to attempt to meet these standards, unless procedures under subsection (15) of this section have been invoked.
(11) * * * The State Board of
Education shall be charged with the implementation of the program of development
in each applicable school district as follows:
(a) Develop an impairment report for each district failing to meet accreditation standards in conjunction with school district officials;
(b) Notify any applicable school district failing to meet accreditation standards that it is on probation until corrective actions are taken or until the deficiencies have been removed. The local school district shall develop a corrective action plan to improve its deficiencies. For district academic deficiencies, the corrective action plan for each such school district shall be based upon a complete analysis of the following: student test data, student grades, student attendance reports, student dropout data, existence and other relevant data. The corrective action plan shall describe the specific measures to be taken by the particular school district and school to improve: (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community. The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated. All corrective action plans shall be provided to the State Board of Education as may be required. The decision of the State Board of Education establishing the probationary period of time shall be final;
(c) Offer, during the
probationary period, technical assistance to the school district in making
corrective actions. * * * Subject to the availability of funds, the State
Department of Education shall provide technical and/or financial assistance to
all such school districts in order to implement each measure identified in that
district's corrective action plan through professional development and on-site
assistance. Each such school district shall apply for and utilize all
available federal funding in order to support its corrective action plan in
addition to state funds made available under this paragraph;
(d) Assign department personnel or contract, in its discretion, with the institutions of higher learning or other appropriate private entities with experience in the academic, finance and other operational functions of schools to assist school districts;
(e) Provide for publication of public notice at least one time during the probationary period, in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The publication shall include the following: declaration of school system's status as being on probation; all details relating to the impairment report; and other information as the State Board of Education deems appropriate. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
(12) (a) If the recommendations for corrective action are not taken by the local school district or if the deficiencies are not removed by the end of the probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. Additionally, if the local school district violates accreditation standards that have been determined by the policies and procedures of the State Board of Education to be a basis for withdrawal of school district's accreditation without a probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. After its consideration of the results of the hearing, the Commission on School Accreditation shall be authorized, with the approval of the State Board of Education, to withdraw the accreditation of a public school district, and issue a request to the Governor that a state of emergency be declared in that district.
(b) If the State Board of Education and the Commission on School Accreditation determine that an extreme emergency situation exists in a school district that jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and that emergency situation is believed to be related to a serious violation or violations of accreditation standards or state or federal law, or when a school district meets the State Board of Education's definition of a failing school district for two (2) consecutive full school years, or if more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year, the State Board of Education may request the Governor to declare a state of emergency in that school district. For purposes of this paragraph, the declarations of a state of emergency shall not be limited to those instances when a school district's impairments are related to a lack of financial resources, but also shall include serious failure to meet minimum academic standards, as evidenced by a continued pattern of poor student performance.
(c) Whenever the Governor declares a state of emergency in a school district in response to a request made under paragraph (a) or (b) of this subsection, the State Board of Education may take one or more of the following actions:
(i) Declare a state of emergency, under which some or all of state funds can be escrowed except as otherwise provided in Section 206, Constitution of 1890, until the board determines corrective actions are being taken or the deficiencies have been removed, or that the needs of students warrant the release of funds. The funds may be released from escrow for any program which the board determines to have been restored to standard even though the state of emergency may not as yet be terminated for the district as a whole;
(ii) Override any decision of the local school board or superintendent of education, or both, concerning the management and operation of the school district, or initiate and make decisions concerning the management and operation of the school district;
(iii) Assign an interim superintendent, or in its discretion, contract with a private entity with experience in the academic, finance and other operational functions of schools and school districts, who will have those powers and duties prescribed in subsection (15) of this section;
(iv) Grant transfers to students who attend this school district so that they may attend other accredited schools or districts in a manner that is not in violation of state or federal law;
(v) For states of emergency declared under paragraph (a) only, if the accreditation deficiencies are related to the fact that the school district is too small, with too few resources, to meet the required standards and if another school district is willing to accept those students, abolish that district and assign that territory to another school district or districts. If the school district has proposed a voluntary consolidation with another school district or districts, then if the State Board of Education finds that it is in the best interest of the pupils of the district for the consolidation to proceed, the voluntary consolidation shall have priority over any such assignment of territory by the State Board of Education;
(vi) For states of emergency declared under paragraph (b) only, reduce local supplements paid to school district employees, including, but not limited to, instructional personnel, assistant teachers and extracurricular activities personnel, if the district's impairment is related to a lack of financial resources, but only to an extent that will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education;
(vii) For states of emergency declared under paragraph (b) only, the State Board of Education may take any action as prescribed in Section 37-17-13.
(d) At the time that satisfactory corrective action has been taken in a school district in which a state of emergency has been declared, the State Board of Education may request the Governor to declare that the state of emergency no longer exists in the district.
(e) The parent or legal guardian of a school-age child who is enrolled in a school district whose accreditation has been withdrawn by the Commission on School Accreditation and without approval of that school district may file a petition in writing to a school district accredited by the Commission on School Accreditation for a legal transfer. The school district accredited by the Commission on School Accreditation may grant the transfer according to the procedures of Section 37-15-31(1)(b). In the event the accreditation of the student's home district is restored after a transfer has been approved, the student may continue to attend the transferee school district. The per-pupil amount of the adequate education program allotment, including the collective "add-on program" costs for the student's home school district shall be transferred monthly to the school district accredited by the Commission on School Accreditation that has granted the transfer of the school-age child.
(f) Upon the declaration of a state of emergency for any school district in which the Governor has previously declared a state of emergency, the State Board of Education may either:
(i) Place the school district into district transformation, in which the school district shall remain until it has fulfilled all conditions related to district transformation. If the district was assigned an accreditation rating of "D" or "F" when placed into district transformation, the district shall be eligible to return to local control when the school district has attained a "C" rating or higher for five (5) consecutive years, unless the State Board of Education determines that the district is eligible to return to local control in less than the five-year period;
(ii) Abolish the school district and administratively consolidate the school district with one or more existing school districts;
(iii) Reduce the size of the district and administratively consolidate parts of the district, as determined by the State Board of Education. However, no school district which is not in district transformation shall be required to accept additional territory over the objection of the district; or
(iv) Require the school district to develop and implement a district improvement plan with prescriptive guidance and support from the State Department of Education, with the goal of helping the district improve student achievement. Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities provided as support by the department shall result in the school district retaining its eligibility for district transformation.
(g) There is established a Mississippi Recovery School District within the State Department of Education under the supervision of a deputy superintendent appointed by the State Superintendent of Public Education, who is subject to the approval by the State Board of Education. The Mississippi Recovery School District shall provide leadership and oversight of all school districts that are subject to district transformation status, as defined in Chapters 17 and 18, Title 37, Mississippi Code of 1972, and shall have all the authority granted under these two (2) chapters. The Mississippi Department of Education, with the approval of the State Board of Education, shall develop policies for the operation and management of the Mississippi Recovery School District. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall be authorized to oversee the administration of the Mississippi Recovery School District, oversee the interim superintendent assigned by the State Board of Education to a local school district, hear appeals that would normally be filed by students, parents or employees and heard by a local school board, which hearings on appeal shall be conducted in a prompt and timely manner in the school district from which the appeal originated in order to ensure the ability of appellants, other parties and witnesses to appeal without undue burden of travel costs or loss of time from work, and perform other related duties as assigned by the State Superintendent of Public Education. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall determine, based on rigorous professional qualifications set by the State Board of Education, the appropriate individuals to be engaged to be interim superintendents and financial advisors, if applicable, of all school districts subject to district transformation status. After State Board of Education approval, these individuals shall be deemed independent contractors.
(13) Upon the declaration of a state of emergency in a school district under subsection (12) of this section, the Commission on School Accreditation shall be responsible for public notice at least once a week for at least three (3) consecutive weeks in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The size of the notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print. If an interim superintendent has been appointed for the school district, the notice shall begin as follows: "By authority of Section 37-17-6, Mississippi Code of 1972, as amended, adopted by the Mississippi Legislature during the 1991 Regular Session, this school district (name of school district) is hereby placed under the jurisdiction of the State Department of Education acting through its appointed interim superintendent (name of interim superintendent)."
The notice also shall include, in the discretion of the State Board of Education, any or all details relating to the school district's emergency status, including the declaration of a state of emergency in the school district and a description of the district's impairment deficiencies, conditions of any district transformation status and corrective actions recommended and being taken. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
Upon termination of the state of emergency in a school district, the Commission on School Accreditation shall cause notice to be published in the school district in the same manner provided in this section, to include any or all details relating to the corrective action taken in the school district that resulted in the termination of the state of emergency.
(14) The State Board of Education or the Commission on School Accreditation shall have the authority to require school districts to produce the necessary reports, correspondence, financial statements, and any other documents and information necessary to fulfill the requirements of this section.
Nothing in this section shall be construed to grant any individual, corporation, board or interim superintendent the authority to levy taxes except in accordance with presently existing statutory provisions.
(15) (a) Whenever the Governor declares a state of emergency in a school district in response to a request made under subsection (12) of this section, the State Board of Education, in its discretion, may assign an interim superintendent to the school district, or in its discretion, may contract with an appropriate private entity with experience in the academic, finance and other operational functions of schools and school districts, who will be responsible for the administration, management and operation of the school district, including, but not limited to, the following activities:
(i) Approving or disapproving all financial obligations of the district, including, but not limited to, the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel, contractual agreements and purchase orders, and approving or disapproving all claim dockets and the issuance of checks; in approving or disapproving employment contracts of superintendents, assistant superintendents or principals, the interim superintendent shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105;
(ii) Supervising the day-to-day activities of the district's staff, including reassigning the duties and responsibilities of personnel in a manner which, in the determination of the interim superintendent, will best suit the needs of the district;
(iii) Reviewing the district's total financial obligations and operations and making recommendations to the district for cost savings, including, but not limited to, reassigning the duties and responsibilities of staff;
(iv) Attending all meetings of the district's school board and administrative staff;
(v) Approving or disapproving all athletic, band and other extracurricular activities and any matters related to those activities;
(vi) Maintaining a detailed account of recommendations made to the district and actions taken in response to those recommendations;
(vii) Reporting periodically to the State Board of Education on the progress or lack of progress being made in the district to improve the district's impairments during the state of emergency; and
(viii) Appointing a parent advisory committee, comprised of parents of students in the school district that may make recommendations to the interim superintendent concerning the administration, management and operation of the school district.
The cost of the salary of the interim superintendent and any other actual and necessary costs related to district transformation status paid by the State Department of Education shall be reimbursed by the local school district from funds other than adequate education program funds. The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's adequate education program funds.
At the time that the Governor, in accordance with the request of the State Board of Education, declares that the state of emergency no longer exists in a school district, the powers and responsibilities of the interim superintendent assigned to the district shall cease.
(b) In order to provide loans to school districts under a state of emergency or in district transformation status that have impairments related to a lack of financial resources, the School District Emergency Assistance Fund is created as a special fund in the State Treasury into which monies may be transferred or appropriated by the Legislature from any available public education funds. Funds in the School District Emergency Assistance Fund up to a maximum balance of Three Million Dollars ($3,000,000.00) annually shall not lapse but shall be available for expenditure in subsequent years subject to approval of the State Board of Education. Any amount in the fund in excess of Three Million Dollars ($3,000,000.00) at the end of the fiscal year shall lapse into the State General Fund or the Education Enhancement Fund, depending on the source of the fund.
The State Board of Education may loan monies from the School District Emergency Assistance Fund to a school district that is under a state of emergency or in district transformation status, in those amounts, as determined by the board, that are necessary to correct the district's impairments related to a lack of financial resources. The loans shall be evidenced by an agreement between the school district and the State Board of Education and shall be repayable in principal, without necessity of interest, to the School District Emergency Assistance Fund by the school district from any allowable funds that are available. The total amount loaned to the district shall be due and payable within five (5) years after the impairments related to a lack of financial resources are corrected. If a school district fails to make payments on the loan in accordance with the terms of the agreement between the district and the State Board of Education, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may withhold that district's adequate education program funds in an amount and manner that will effectuate repayment consistent with the terms of the agreement; the funds withheld by the department shall be deposited into the School District Emergency Assistance Fund.
The State Board of Education shall develop a protocol that will outline the performance standards and requisite timeline deemed necessary for extreme emergency measures. If the State Board of Education determines that an extreme emergency exists, simultaneous with the powers exercised in this subsection, it shall take immediate action against all parties responsible for the affected school districts having been determined to be in an extreme emergency. The action shall include, but not be limited to, initiating civil actions to recover funds and criminal actions to account for criminal activity. Any funds recovered by the State Auditor or the State Board of Education from the surety bonds of school officials or from any civil action brought under this subsection shall be applied toward the repayment of any loan made to a school district hereunder.
(16) If a majority of the membership of the school board of any school district resigns from office, the State Board of Education shall be authorized to assign an interim superintendent, who shall be responsible for the administration, management and operation of the school district until the time as new board members are selected or the Governor declares a state of emergency in that school district under subsection (12), whichever occurs first. In that case, the State Board of Education, acting through the interim superintendent, shall have all powers which were held by the previously existing school board, and may take any action as prescribed in Section 37-17-13 and/or one or more of the actions authorized in this section.
(17) (a) If the Governor declares a state of emergency in a school district, the State Board of Education may take all such action pertaining to that school district as is authorized under subsection (12) or (15) of this section, including the appointment of an interim superintendent. The State Board of Education shall also have the authority to issue a written request with documentation to the Governor asking that the office of the superintendent of the school district be subject to recall. If the Governor declares that the office of the superintendent of the school district is subject to recall, the local school board or the county election commission, as the case may be, shall take the following action:
(i) If the office of superintendent is an elected office, in those years in which there is no general election, the name shall be submitted by the State Board of Education to the county election commission, and the county election commission shall submit the question at a special election to the voters eligible to vote for the office of superintendent within the county, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Shall County Superintendent of Education ________ (here the name of the superintendent shall be inserted) of the ____________ (here the title of the school district shall be inserted) be retained in office? Yes _______ No _______"
If a majority of those voting on the question votes against retaining the superintendent in office, a vacancy shall exist which shall be filled in the manner provided by law; otherwise, the superintendent shall remain in office for the term of that office, and at the expiration of the term shall be eligible for qualification and election to another term or terms.
(ii) If the office of superintendent is an appointive office, the name of the superintendent shall be submitted by the president of the local school board at the next regular meeting of the school board for retention in office or dismissal from office. If a majority of the school board voting on the question vote against retaining the superintendent in office, a vacancy shall exist which shall be filled as provided by law, otherwise the superintendent shall remain in office for the duration of his employment contract.
(b) The State Board of Education may issue a written request with documentation to the Governor asking that the membership of the school board of the school district shall be subject to recall. Whenever the Governor declares that the membership of the school board is subject to recall, the county election commission or the local governing authorities, as the case may be, shall take the following action:
(i) If the members of the local school board are elected to office, in those years in which the specific member's office is not up for election, the name of the school board member shall be submitted by the State Board of Education to the county election commission, and the county election commission at a special election shall submit the question to the voters eligible to vote for the particular member's office within the county or school district, as the case may be, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Members of the ______________ (here the title of the school district shall be inserted) School Board who are not up for election this year are subject to recall because of the school district's failure to meet critical accountability standards as defined in the letter of notification to the Governor from the State Board of Education. Shall the member of the school board representing this area, ____________ (here the name of the school board member holding the office shall be inserted), be retained in office? Yes _______ No _______"
If a majority of those voting on the question vote against retaining the member of the school board in office, a vacancy in that board member's office shall exist, which shall be filled in the manner provided by law; otherwise, the school board member shall remain in office for the term of that office, and at the expiration of the term of office, the member shall be eligible for qualification and election to another term or terms of office. However, if a majority of the school board members are recalled in the special election, the Governor shall authorize the board of supervisors of the county in which the school district is situated to appoint members to fill the offices of the members recalled. The board of supervisors shall make those appointments in the manner provided by law for filling vacancies on the school board, and the appointed members shall serve until the office is filled at the next regular special election or general election.
(ii) If the local school board is an appointed school board, the name of all school board members shall be submitted as a collective board by the president of the municipal or county governing authority, as the case may be, at the next regular meeting of the governing authority for retention in office or dismissal from office. If a majority of the governing authority voting on the question vote against retaining the board in office, a vacancy shall exist in each school board member's office, which shall be filled as provided by law; otherwise, the members of the appointed school board shall remain in office for the duration of their term of appointment, and those members may be reappointed.
(iii) If the local school board is comprised of both elected and appointed members, the elected members shall be subject to recall in the manner provided in subparagraph (i) of this paragraph (b), and the appointed members shall be subject to recall in the manner provided in subparagraph (ii).
(18) * * * The State Board of Education,
acting through the Commission on School Accreditation, shall require each
school district to comply with standards established by the State Department of
Audit for the verification of fixed assets and the auditing of fixed assets
records as a minimum requirement for accreditation.
(19) * * * The State Board of
Education shall recommend a program to the Education Committees of the House of
Representatives and the Senate for identifying and rewarding public schools
that improve or are high performing. The program shall be described by the
board in a written report, which shall include criteria and a process through
which improving schools and high-performing schools will be identified and
rewarded.
The State Superintendent of
Public Education and the State Board of Education also shall develop a comprehensive
accountability plan to ensure that local school boards, superintendents,
principals and teachers are held accountable for student achievement. * * *
(20) * * * The State Board of
Education shall evaluate and submit a recommendation to the Education
Committees of the House of Representatives and the Senate on inclusion of
graduation rate and dropout rate in the school level accountability system.
(21) If a local school district is determined as failing and placed into district transformation status for reasons authorized by the provisions of this section, the interim superintendent appointed to the district shall, within forty-five (45) days after being appointed, present a detailed and structured corrective action plan to move the local school district out of district transformation status to the deputy superintendent. A copy of the interim superintendent's corrective action plan shall also be filed with the State Board of Education.
SECTION 12. Section 37-18-1, Mississippi Code of 1972, is amended as follows:
37-18-1. (1) The State Board
of Education shall establish, design and implement a Superior-Performing
Schools Program and an Exemplary Schools Program for identifying and rewarding
public schools, including charter schools,
that improve. The State Board of Education shall develop rules and regulations
for the program, establish criteria and establish a process through which
Superior-Performing and Exemplary Schools will be identified and rewarded. * * * Based upon the
results of assessments administered under the statewide * * * assessment program, Superior-Performing,
Exemplary or School At-Risk designation shall be made by the State Board of
Education in accordance with the following:
(a) A growth expectation will be established by testing students annually under the statewide assessment program and, using a psychometrically approved formula, by tracking their progress. This growth expectation will result in a composite score each year for each school.
(b) A determination will be made as to the percentage of students proficient in each school. This measurement will define what a student must know in order to be deemed proficient at each grade level and will clearly show how well a student is performing. The definition of proficiency shall be developed for each grade, based on a demonstrated range of performance in relation to content as reflected in the Mississippi Curriculum Frameworks. This range of performance must be established through a formal procedure including educators, parents, community leaders and other stakeholders.
(c) A school has the following two (2) methods for designation as either a Superior-Performing or an Exemplary School, to be determined on an annual basis:
(i) A school exceeds its growth expectation by a percentage established by the State Board of Education; or
(ii) A school achieves the grade level proficiency standard established by the State Board of Education.
Any school designated as a School At-Risk which exceeds its growth expectation by a percentage established by the State Board of Education shall no longer be considered a School At-Risk and shall be eligible for monetary awards under this section.
(2) Superior-Performing and Exemplary Schools may apply to the State Board of Education for monetary incentives to be used for selected school needs, as identified by a vote of all licensed and instructional personnel employed at the school. These incentive funds may be used for specific school needs, including, but not limited to:
(a) Funding for professional development activities. Staff participating in such activities will report to the school and school district or, in the case of a charter school, the governing board of the school about the benefits and lessons learned from such training;
(b) Technology needs;
(c) Sabbaticals for teachers or administrators, or both, to pursue additional professional development or educational enrichment;
(d) Paid professional leave;
(e) Training for parents, including, but not limited to, the following:
(i) Curriculum;
(ii) Chapter 1;
(iii) Special need students;
(iv) Student rights and responsibility;
(v) School and community relations;
(vi) Effective parenting.
All funds awarded under this subsection shall be subject to specific appropriation therefor by the Legislature.
(3) The State Board of Education shall provide special recognition to all schools receiving Superior-Performing or Exemplary designation and, in the case of noncharter public schools, their school districts. Examples of such recognition include, but are not limited to: public announcements and events; special recognition of student progress and effort; certificates of recognition and plaques for teachers, principals, superintendents, support and classified personnel and parents; and media announcements utilizing the services of Mississippi Educational Television.
(4) The State Department of Education may benefit from the use of growth expectation measurements under this section in making evaluations under Section 37-19-9.
SECTION 13. Section 37-18-3, Mississippi Code of 1972, is amended as follows:
37-18-3. (1) * * * The State Board of Education
shall establish for those individual schools failing to meet accreditation
standards established under this chapter for Schools At-Risk, a program of
development to be complied with in order to receive state funds. The
Legislature shall, subject to the availability of funds, annually appropriate
adequate funds to implement the provisions of this chapter. The State Board of
Education may, in its discretion, assess local school districts for the costs
of implementing the provisions of this chapter.
(2) Following a thorough analysis of school data each year, the State Department of Education shall identify those schools that are deficient in educating students and are in need of improvement. This analysis shall measure the individual school performance by determining if a school met its assigned yearly growth expectation and by determining what percentage of the students in the school are proficient. A school shall be identified as a School At-Risk and in need of assistance if the school:
(a) Does not meet its growth expectation and has a percentage of students functioning below grade level, as designated by the State Board of Education;
(b) Is designated as a * * * "F" school, or other
future comparable performance designation by the State Board of Education; or
(c) Is designated as a * * * "D" school, or other
future comparable performance designation by the State Board of Education, for
two (2) consecutive years.
(3) Within fifteen (15) days after a School At-Risk has been identified, written notice shall be sent by the State Board of Education by certified mail to both the school principal and the local board of education. Within fifteen (15) days after notification the State Board of Education shall assign an evaluation team to the school, subject to the availability of funding. The evaluation team shall be independent of the school being evaluated and may include employees of the State Department of Education. The team may include retired educators who have met certain standards and have completed all necessary training.
(4) An approved evaluation team shall have the following powers and duties:
(a) The evaluation team may request any financial documentation that it deems necessary, and the School At-Risk, with the assistance and cooperation of the school district central office, shall submit such requested financial information to the evaluation team.
(b) The evaluation team shall analyze the School At-Risk data to determine probable areas of weakness before conducting an on-site audit. The evaluation team shall proceed to conduct an on-site audit and shall prepare an evaluation report. If necessary, the evaluation team may request additional individuals in specialty areas to participate as team members in preparing the evaluation. After completing the evaluation of the School At-Risk, the team shall prepare and adopt its school evaluation report, which shall be submitted to the State Superintendent of Public Education for approval within ninety (90) calendar days. The school evaluation report shall identify any personnel who were found by the evaluation team to be in need of improvement and need to participate in a professional development plan. Evaluation instruments used to evaluate teachers, principals, superintendents or any other certified or classified personnel will be instruments which have been validated for such purposes.
(5) Following the approval of the evaluation report by the State Superintendent of Public Education, a representative of the State Superintendent of Public Education and the evaluation team leader shall present the evaluation report to the principal of the School At-Risk and to the superintendent and school board members of the local school district. Following this presentation, the evaluation report shall be presented to the community served by the School At-Risk at an advertised public meeting.
SECTION 14. Section 37-20-5, Mississippi Code of 1972, is amended as follows:
37-20-5. The funds which
may be appropriated annually for this chapter shall be based on a formula
developed by the State Department of Education and allocated to each school
district on the basis of (a) the number of students whose scores on the * * * statewide
assessment program tests are at the twenty-fifth percentile or below, and
(b) the number of students identified as failing any section of the Functional
Literacy Exam (FLE).
SECTION 15. Section 37-20-7, Mississippi Code of 1972, is amended as follows:
37-20-7. (1) To be eligible to receive funds under this chapter a school district shall describe in writing its remedial education program. The description shall include all special remedial and compensatory instruction to be provided by the district from all fund sources. The district description shall include a description of the program to be conducted at each separate school or location in the district and shall include the estimated number of students to participate in the program; the estimated number of teachers, volunteers and others to be utilized in the program; and the estimated budget for each such program.
(2) The programs provided by funds received under this chapter shall meet the following criteria:
(a) Each participating
student must be determined by the school district, on the basis of the * * * statewide assessment program
tests, to need special educational assistance in order that the student's level
of educational attainment in basic skills may be raised to that appropriate for
children of the student's age.
(b) The program must be based on performance objectives related to educational achievement in the basic skills and provide supplementary services designed to meet the special educational needs of each participating student.
(c) The program must be evaluated in a manner consistent with the performance objectives and include a pretest and a post-test for each participating student. The evaluation may use local measures designed to measure the local instructional management plan.
(d) The state and local funds expended in the program must be accounted for separately from all other funds expended by the district.
(e) The program must establish a teacher support team in each building wherein the program is implemented to play a key role in determining the instructional services required by a child.
SECTION 16. Section 37-28-45, Mississippi Code of 1972, is amended as follows:
37-28-45. (1) Charter schools are subject to the same civil rights, health and safety requirements applicable to noncharter public schools in the state, except as otherwise specifically provided in this chapter.
(2) Charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools in the state; however, this requirement does not preclude a charter school from establishing additional student assessment measures that go beyond state requirements if the authorizer approves those measures.
(3) Although a charter school is geographically located within the boundaries of a particular school district and enrolls students who reside within the school district, the charter school may not be considered a school within that district under the purview of the school district's school board. The rules, regulations, policies and procedures established by the school board for the noncharter public schools that are in the school district in which the charter school is geographically located do not apply to the charter school unless otherwise required under the charter contract or any contract entered into between the charter school governing board and the local school board.
(4) Whenever the provisions of Title 37, Mississippi Code of 1972, relating to the elementary and secondary education of public school students establish a requirement for or grant authority to local school districts, their school boards and the schools within the respective school districts, the language "school districts," "school boards," "boards of trustees," "the schools within a school district," or any other similar phraseology does not include a charter school and the governing board of a charter school unless the statute specifically is made applicable to charter schools as well as noncharter public schools.
(5) A charter school is not subject to any rule, regulation, policy or procedure adopted by the State Board of Education or the State Department of Education unless otherwise required by the authorizer or in the charter contract.
(6) Charter schools are not exempt from the following statutes:
(a) Chapter 41, Title 25, Mississippi Code of 1972, which relate to open meetings of public bodies.
(b) Chapter 61, Title 25, Mississippi Code of 1972, which relate to public access to public records.
(c) Section 37-3-51, which requires notice by the district attorney of licensed school employees who are convicted of certain sex offenses.
(d) Section 37-3-53, which requires publication of the Mississippi Report Card by the State Board of Education.
(e) Section 37-11-18, which requires the automatic expulsion of a student possessing a weapon or controlled substance on educational property.
(f) Section 37-11-18.1, which requires expulsion of certain habitually disruptive students.
(g) Section 37-11-19, which requires suspension or expulsion of a student who damages school property.
(h) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school.
(i) Section 37-11-21, which prohibits parental abuse of school staff.
(j) Section 37-11-23, which prohibits the willful disruption of school and school meetings.
(k) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property.
(l) Section 37-11-67, which prohibits bullying or harassing behavior in public schools.
(m) Section 37-13-3, which prohibits doctrinal, sectarian or denominational teaching in public schools.
(n) Sections 37-13-5 and 37-13-6, which require the flags of the United States and the State of Mississippi to be displayed near the school building.
(o) Section 37-13-63(1), which prescribes the minimum number of days which public schools must be kept in session during a scholastic year.
(p) Section 37-13-91, which is the Mississippi Compulsory School Attendance Law.
(q) Section 37-13-171(2) and (4), which requires any course containing sex-related education to include instruction in abstinence-only or abstinence-plus education.
(r) Section 37-13-173, which requires notice to parents before instruction on human sexuality is provided in public classrooms.
(s) Section 37-13-193, which relates to civil rights and human rights education in the public schools.
(t) Sections 37-15-1 and 37-15-3, which relate to the maintenance and transfer of permanent student records in public schools.
(u) Section 37-15-6, which requires the State Department of Education to maintain a record of expulsions from the public schools.
(v) Section 37-15-9, which establishes minimum age requirements for kindergarten and first grade enrollment in public schools.
(w) Section 37-15-11, which requires a parent, legal guardian or custodian to accompany a child seeking enrollment in a public school.
(x) Sections 37-16-1, 37-16-2, 37-16-3, 37-16-4 and 37-16-9, which relate to the statewide assessment testing program.
(y) Section 37-18-1, which establishes the Superior-Performing Schools Program and Exemplary Schools Program to recognize public schools that improve.
SECTION 17. Section 37-16-11, Mississippi Code of 1972, is amended as follows:
37-16-11. (1) A student who has been properly classified, in accordance with rules established by the State Board of Education shall, upon meeting all applicable requirements prescribed by the district school board, be awarded a standard diploma in a form prescribed by the State Board of Education if the student has an Individualized Education Plan before entering the ninth grade and complies with one (1) of the following:
(a) Meets all requirements of Section 37-16-7 with the exception of achieving a passing score on any tests mandated by the state for graduation; or
(b) Meets all terms of the student's Individualized Education Plan for graduation, including the satisfactory completion of minimum requirements prescribed by the State Board of Education.
(2) A student classified as an exceptional child may not be required to meet all the requirements of Section 37-16-7. Upon meeting all applicable requirements prescribed by the district school board, the student must be awarded a special diploma in a form prescribed by the State Board of Education; however, such special graduation requirements prescribed by the district school board shall include minimum graduation requirements as prescribed by the state board. Any such student who meets all special requirements of the district school board for his exceptionality, but is unable to meet the appropriate special state minimum requirements, shall be awarded a special certificate of completion in a form prescribed by the state board. Nothing provided in this section, however, shall be construed to limit or restrict the right of an exceptional student solely to a special diploma. Any such student shall, upon proper request, be afforded the opportunity to fully meet all requirements of Section 37-16-7 through the standard procedures established therein and thereby qualify for a standard diploma upon graduation.
( * * *3) The State Board of Education shall
develop and issue criteria for a Mississippi Occupational Diploma for students
having a disability as defined by the federal Individuals with Disabilities Education
Act. Beginning with the 2002-2003 school year, any such student, upon proper
request, shall be afforded the opportunity to fully meet such requirements and
qualify for an occupational diploma upon graduation.
( * * *4) The special Mississippi Occupational
Diploma for students with disabilities shall not be available to any student
entering the ninth grade in the 2017-2018 school year or thereafter, pending
State Board of Education approval of new graduation options.
SECTION 18. This act shall take effect and be in force from and after July 1, 2022.