MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Representative Roberson
AN ACT TO AMEND SECTION 37-161-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CREATION OF VIRTUAL PUBLIC SCHOOLS TO BE OPERATED BY LOCAL SCHOOL DISTRICTS, REGIONAL EDUCATION SERVICE AGENCIES OR LOCALLY SPONSORED VIRTUAL PUBLIC SCHOOLS; TO DEFINE THE TERM "LOCALLY SPONSORED VIRTUAL PUBLIC SCHOOL"; TO LIMIT THE NUMBER OF VIRTUAL PUBLIC SCHOOLS ESTABLISHED IN THE STATE TO THREE; TO REQUIRE ENROLLMENT IN A VIRTUAL PUBLIC SCHOOL TO BE FREE OF CHARGE AND OPEN TO STUDENTS FROM ANY SCHOOL DISTRICT IN THE STATE; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER, FOR EACH STUDENT ENROLLED IN A VIRTUAL PUBLIC SCHOOL OPERATED BY A DISTRICT OTHER THAN THAT IN WHICH THE STUDENT RESIDES, AN AMOUNT EQUAL TO THE STUDENT'S HOME SCHOOL DISTRICT'S LOCAL OPERATIONAL TAX LEVY TO THE SCHOOL DISTRICT OPERATING THE VIRTUAL PUBLIC SCHOOL; TO REQUIRE THE DEPARTMENT TO WITHHOLD SUCH AMOUNT FROM THE TRANSFERRING SCHOOL DISTRICT'S JANUARY PAYMENT OF ADEQUATE EDUCATION PROGRAM FUNDS; TO REQUIRE LOCALLY SPONSORED VIRTUAL PUBLIC SCHOOLS TO ADOPT CERTAIN ENROLLMENT POLICIES; TO AMEND SECTIONS 37-179-1 AND 37-179-3, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS RELATING TO DISTRICTS OF INNOVATION, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-161-3, Mississippi Code of 1972, is amended as follows:
37-161-3. (1) The Legislature finds and declares the following:
(a) Meeting the educational needs of children in our state's schools is of the greatest importance to the future welfare of the State of Mississippi;
(b) Closing the achievement gap between high-performing students, including the achievement gap among at-risk students, is a significant and present challenge;
(c) Providing a broader range of educational options to parents and utilizing existing resources, along with technology, may help students in the state improve their academic achievement; and
(d) Many of the state's school districts currently lack the capacity to provide other public school choices for students whose schools are low performing.
(2) There is created the
Mississippi Virtual Public School Program, which is the responsibility of the
State Department of Education. It is the intent of the Legislature that the
Mississippi Virtual Public School established under this section provides
Mississippi families with an alternative choice to access additional
educational resources in an effort to improve academic achievement. * * * Any
private provider chosen to provide services to the Mississippi Virtual Public
School under the provisions of this subsection shall be chosen through the
Mississippi Online Course Application Process. Once the State Department of
Education appropriation and the local school district budgeted funds for
Mississippi Virtual Public School have been expended and students choose to
enroll in online courses, the costs of the online courses may be the responsibility
of the students' parents or guardians.
(3) * * * In addition to the Mississippi Virtual Public School created
under subsection (2), any public school district, regional education service agency
or district of innovation shall be authorized to serve as a local sponsor of a virtual
school on a first-come, first-serve basis until a total of three (3) locally sponsored
virtual public schools are operating. Each locally sponsored virtual public
school program established pursuant to this section must be recognized as a
public school and provided equitable treatment and resources as are other
public schools in the state. Private providers may be utilized by the local sponsor
to administer, manage or operate virtual school programs in this state, provided
the provider has a minimum of two (2) years of experience serving special education
students. Contracts with selected providers must be overseen by the sponsoring
entity and ensure that the maximum services and resources are procured for the
per-student cost.
(4) As used in this section, the following words and phrases have the meanings respectively ascribed in this subsection unless the context clearly requires otherwise:
(a) * * *
"Locally sponsored virtual public school" means a full-time public
school established pursuant to this section which uses technology in order to
deliver synchronous and asynchronous instruction to students via the Internet
in a virtual or remote setting. Distance learning as defined in Section 37-67-1
does not meet the requirement for synchronous instruction; however, nothing in
this act limits the provision of distance learning as provided for in Section
37-67-1.
(b) "Local
sponsor" means the public school district, regional education agency or
district of innovation that is responsible for the * * * operation
of a locally sponsored virtual public school. The local sponsor shall be responsible
for the academic progress of each student enrolled in a locally sponsored
virtual public school in all aspects of accountability.
(5) (a) * * *
A total of three (3) slots will be available for a local sponsor to
establish a locally sponsored virtual public school, beginning in the 2024-2025
school year and continuing in subsequent years until the three (3) slots are
filled. A potential sponsor must notify the State Department of Education of
its intent to establish a locally sponsored virtual public school. The
department shall notify the potential sponsor whether or not a slot is
available. A school district, regional education service agency or district of
innovation that receives notification from the department that there is a slot
to participate must establish its virtual public school no later than eighteen
(18) months after the date of receipt of the notification or else lose that
slot. If a local sponsor establishes a virtual public school but fails to
enroll students within its first year of operation of the program, the local sponsor
will lose its authorization to operate in the following school year and another
school district, regional education service agency or district of innovation
will be allowed to create a new program.
(b) Students who
enroll in * * * a locally sponsored virtual public
school may reside anywhere in the State of Mississippi.
* * *
(6) The local sponsor of a virtual public school must ensure that each student is provided access to the necessary instruction materials, technology, an Internet connection for schoolwork purposes, and any applicable special education services.
( * * *7) Each teacher employed by or
participating in the delivery of instruction through * * * a locally
sponsored virtual public school must meet all qualifications for licensure
in the State of Mississippi.
( * * *8) Any student who meets state
residency requirements may enroll in * * * a locally
sponsored virtual public school.
* * *
(9) Enrollment in a locally sponsored virtual public school must be free of charge to students. For students enrolling in a virtual public school operated by a school district, regional education service agency or district of innovation in which the student does not reside, the State Department of Education shall pay to the local sponsor operating the program an amount as follows: the pro rata ad valorem receipts and in-lieu payments per pupil for the support of the local school district in which the student resides under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy), excluding any taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. The amount of funds payable to the school district operating the program by the resident school district must be based on the previous year's enrollment data and ad valorem receipts and in-lieu receipts of the local school district in which the student resides. The pro rata amount must be calculated by dividing the resident local school district's months one (1) through nine (9) average daily membership into the total amount of ad valorem receipts and in-lieu receipts, as reported to the State Department of Education by the resident local school district. The payable amount from the resident district to the district operating the program must be equal to this pro rata amount multiplied by the number of students enrolled, based on the end of first month enrollment for the current school year. The State Department of Education shall reduce the resident school district's January transfer of Mississippi Adequate Education Program funds by the amount owed to the sponsor of the pilot virtual public school and shall redirect that amount to that district. Any such payments made under this subsection by the State Department of Education to a sponsor of a pilot virtual public school accepting students from outside the district or its service area must be made at the same time and in the same manner as adequate education program payments are made to school districts under Sections 37-151-101 and 37-151-103.
(10) A local sponsor operating a virtual public school shall adopt a policy governing the enrollment procedures. The enrollment policy must include, at a minimum, the following:
(a) The timeframe in which student applications will be accepted for both the fall and spring semesters;
(b) Provisions of notice of the application to the resident district if an applicant student resides outside the district or service area no later than five (5) days from the date of receipt of the application;
(c) Policies and procedures related to the creation of a waiting list if more students from outside the district or service area apply than can be accommodated by the program;
(d) An opportunity for parental input and hearing before any denial of an application for any reason other than lack of program capacity; and
(e) Engagement policies and a process with provision of fair warnings and opportunities for corrective actions before removal from the program for lack of engagement.
SECTION 2. Section 37-179-1, Mississippi Code of 1972, is amended as follows:
37-179-1. (1) For purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context clearly indicates otherwise:
(a) "District of innovation"
means a district or a locally sponsored virtual public school program established
under Section 37-161-3, * * * which has developed a plan of innovation
in compliance with this section and has been approved by the State Board of
Education to be exempted from certain administrative regulations and statutory
provisions to improve the educational performance of students within the
district;
(b) "Innovation" means a new or creative alternative to existing instructional and administrative practices intended to improve student learning and student performance of all students;
(c) "School of innovation" means a school that voluntarily participates in a district of innovation plan to improve instruction, including waivers and exemptions from local school board policies, selected provisions of rules and regulations promulgated by the State Board of Education, and selected sections of the Mississippi Code of 1972, as permitted under this section and Section 37-179-3;
(d) "Board" means the State Board of Education;
(e) "Department" means the State Department of Education.
(2) The State Board of Education is authorized to approve districts of innovation for the purposes of improving students' educational performance. Districts of innovation shall be provided flexibility from selected board regulations, Title 37, Mississippi Code of 1972, and local school board policies for school administrators, teachers and staff to meet the diverse needs of students. The initial approval of a district of innovation shall be for a five-year period. Each renewal of a district of innovation shall not exceed five (5) years and shall comply with administrative regulations promulgated by the board pursuant to subsection (4) of this section.
(3) The board shall promulgate administrative rules and regulations to prescribe the conditions and procedures to be used by a local school board to be approved as a district of innovation and shall publish the same on or before December 31, 2015.
(4) Administrative rules and regulations promulgated by the board under subsection (3) of this section shall specify:
(a) The regulatory areas which may be exempted or modified if approved by the board, except as provided in Section 37-179-3(2), and in addition to those areas identified in Section 37-179-3(3);
(b) The application, plan review, approval and amendment process for a district;
(c) Timelines for initial approval as a district of innovation, the renewal process and ongoing evaluative procedures required of the district;
(d) Acceptable documentation of a critical mass of parental, community, educator and business support and capacity to effect a change;
(e) Evidence of teacher collaboration and shared leadership within the district and the schools to be designated as schools of innovation;
(f) The process of revocation of the designation of district of innovation or school of innovation;
(g) Reporting and oversight responsibilities of the district and the State Department of Education;
(h) The financial detail relating to budgets of schools and evidence of sound fiscal management practices;
(i) Acceptable areas of emphasis for innovation, including virtual instruction provided through a locally sponsored virtual public school program;
(j) Acceptable documentation of job-embedded professional development within the proposed innovation design; and
(k) Other components deemed necessary to implement this section and Section 37-179-3.
SECTION 3. Section 37-179-3, Mississippi Code of 1972, is amended as follows:
37-179-3. (1) A district or a locally sponsored virtual public school which is an applicant to be designated as a district of innovation under Section 37-179-1 shall:
(a) Establish goals and performance targets for the district of innovation proposal, which may include:
(i) Reducing achievement gaps among groups of public school students by expanding learning experiences for students who are identified as academically low-achieving;
(ii) Increasing pupil learning through the implementation of high, rigorous standards for pupil performance;
(iii) Increasing the participation of students in various curriculum components and instructional components within selected schools to enhance at each grade level;
(iv) Increasing the number of students who are college and career-ready;
(v) Motivating students at different grade levels by offering more curriculum choices and student learning opportunities to parents and students within the district;
(b) Identify changes
needed in the district * * *, schools and virtual public schools to lead to
better prepared students for success in life and work;
(c) Have a districtwide plan of innovation that describes and justifies which schools and innovative practices will be incorporated;
(d) Provide documentation of community, educator, parental, and the local board's support of the proposed innovations;
(e) Provide detailed information regarding the rationale of requests for waivers from Title 37, Mississippi Code of 1972, which relate to the elementary and secondary education of public school students, and administrative regulations, and exemptions for selected schools regarding waivers of local school board policies;
(f) Document the fiscal and human resources the board will provide throughout the term of the implementation of the innovations within its plan; and
(g) Provide other materials as required by the department in compliance with the board's administrative regulations and application procedures.
(2) The district and all schools, including locally sponsored virtual public schools, participating in a district's innovation plan shall:
(a) Ensure the same health, safety, civil rights, and disability rights requirements as are applied to all public schools;
(b) Ensure students meet compulsory attendance requirements under Sections 37-13-91 and 37-13-92;
(c) Ensure that high school course offerings meet or exceed the minimum required under Sections 37-16-7 and 37-3-49, for high school graduation or meet early graduation requirements that may be enacted by the Mississippi Legislature;
(d) Ensure the student performance standards meet or exceed those adopted by the State Board of Education as required by Sections 37-3-49, 37-16-3 and 37-17-6, including compliance with the statewide assessment system specified in Chapter 16, Title 37, Mississippi Code of 1972;
(e) Adhere to the same financial audits, audit procedures, and audit requirements as are applied under Section 7-7-211(e);
(f) Require state and criminal background checks for staff and volunteers as required of all public school employees and volunteers within the public schools and specified in Section 37-9-17;
(g) Comply with open records and open meeting requirements under Sections 25-41-1 et seq. and 25-61-1 et seq.;
(h) Comply with purchasing requirements and limitations under Chapter 39, Title 37, Mississippi Code of 1972;
(i) Provide overall instructional time that is equivalent to or greater than that required under Sections 37-1-11 and 37-13-67, but which may include on-site instruction, distance learning, online courses, and work-based learning on nontraditional school days or hours; and
(j) Provide data to the department as deemed necessary to generate school and district reports.
(3) (a) Only schools or locally sponsored virtual public schools that choose to be designated as schools of innovation shall be included in a district's application;
(b) As used in this paragraph, "eligible employees" means employees that are regularly employed at the school and those employees whose primary job duties will be affected by the plan; and
(c) Notwithstanding the provisions of paragraph (a) of this subsection, a local school board may require a school that has been identified as a persistently low-achieving school under provisions of Section 37-17-6 to participate in the district's plan of innovation.
(4) Notwithstanding any statutes to the contrary, the board may approve the requests of districts of innovation to:
(a) Use capital outlay funds for operational costs;
(b) Hire persons for classified positions in nontraditional school and district assignments who have bachelors and advanced degrees from postsecondary education institutions accredited by a regional accrediting association (Southern Association of Colleges and Schools) or by an organization affiliated with the National Commission on Accrediting;
(c) Employ teachers on extended employment contracts or extra duty contracts and compensate them on a salary schedule other than the single salary schedule;
(d) Extend the school days as is appropriate within the district with compensation for the employees as determined locally;
(e) Establish alternative education programs and services that are delivered in nontraditional hours and which may be jointly provided in cooperation with another school district or consortia of districts;
(f) Establish online classes within the district for delivering alternative classes in a blended environment to meet high school graduation requirements;
(g) Use a flexible school calendar;
(h) Convert existing schools into schools of innovation; and
(i) Modify the formula under Section 37-151-7 for distributing support education funds for students in average daily attendance in nontraditional programming time, including alternative programs and virtual programs. Funds granted to a district shall not exceed those that would have otherwise been distributed based on average daily attendance during regular instructional days.
SECTION 4. This act shall take effect and be in force from and after July 1, 2024.