MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Representative Arnold
AN ACT TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, TO REVISE THE MISSISSIPPI ACCOUNTABILITY RATING SYSTEM FOR SCHOOLS AND SCHOOL DISTRICTS; TO ABOLISH THE "A," "B," "C," "D" AND "F" SYSTEM OF RATINGS AND REPLACING IT WITH A SIMPLE ZERO TO ONE THOUSAND POINTS SYSTEM DESIGNATION; TO AMEND SECTIONS 37-19-10, 37-17-13, 37-17-15 AND SECTION 37-9-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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) School districts shall be required 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) * * *(a) The State Board of Education,
acting through the State Department of Education, shall apply a simple zero
(0) to one thousand (1,000) points system designation to the current school and
school district statewide accountability performance classification labels
beginning with the State Accountability Results for the 2025-2026 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:
(i) Been designated an "A" school or school district shall have a points assignment of:
1. Greater than six hundred sixty-eight (668) points for school districts;
2. Greater than four hundred forty-two (442) points on a scale of seven hundred (700) points for elementary and middle schools; and
3. Greater than seven hundred fifty-four (754) points on a scale of one thousand (1,000) points for high schools;
(ii) Been designated a "B" school or school district; a school or school district shall have a points assignment of:
1. Greater than five hundred ninety-nine (599) points for school districts but less than six hundred sixty-eight (668) points;
2. Greater than three hundred seventy-seven (377) points on a scale of seven hundred (700) points for elementary and middle schools, but less than four hundred forty-two (442) points; and
3. Greater than six hundred forty-eight (648) points on a scale of one thousand (1,000) points for high schools, but less than six hundred forty-eight (648) points;
(iii) Been designated a "C" school or school district; a school or school district shall have a points assignment of:
1. Greater than five hundred thirty-six (536) points for school districts, but less than five hundred ninety-nine (599) points;
3. Greater than five hundred eighty-four (584) points on a scale of one thousand (1,000) points for high schools, but less than five hundred eighty-four (584) points;
(iv) Been designated a "D" school or school district; a school or school district shall have a points assignment of:
1. Greater than four hundred eighty-nine (489) points for school districts, but less than five hundred thirty-six (536) points;
2. Greater than two hundred sixty-nine (269) points on a scale of seven hundred (700) points for elementary and middle schools, but less than three hundred twenty-eight (328) points; and
3. Greater than five hundred ten (510) points on a scale of one thousand (1,000) points for high schools, but less than five hundred eighty-four (584) points; and
(v) Been designated a "F" school or school district shall have a points assignment of:
1. Less than four hundred eighty-nine (489) points for school districts;
2. Less than two hundred sixty-nine (269) points on a scale of seven hundred (700) points for elementary and middle schools; and
3. Less than five hundred ten (510) points on a scale of one thousand (1,000) points for high schools.
(b) 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 zero (0) to one thousand (1,000) points system designation based on a combination of student achievement scores and student growth as measured by the statewide testing programs developed by the State Board of Education pursuant to Chapter 16, Title 37, Mississippi Code of 1972.
(5) (a) Effective with
the 2025-2026 school year, the State Department of Education, acting
through the Mississippi Commission on School Accreditation, shall implement a * * * simple
zero (0) to one thousand (1,000) points system 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;
(ii) To reduce the student dropout rate to ten percent (10%) by 2015; and
(iii) To have sixty percent (60%) of students scoring proficient and advanced on assessments.
(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 * * * a
simple zero (0) to one thousand (1,000) points system 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) 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);
(v) The school and school district accountability system shall incorporate a standards-based growth model, in order to support improvement of individual student learning;
(vi) 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. Feeder schools will be assigned the accountability designation of the school to which they provide students;
(vii) 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 * * * respective score of * * * three hundred seventy-seven
(377) points or six hundred forty (640) points or higher based on school
grade level, in order to raise the standard on performance after targets
are met; and
(viii) The system shall include student performance on the administration of a career-readiness assessment, such as, but not limited to, the ACT WorkKeys Assessment, deemed appropriate by the State Department of Education working in coordination with the Office of Workforce Development.
(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 allocations from the total funding formula funds as provided in Sections 37-151-200 through 37-151-215 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 appropriations, 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) (i) 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, 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 district's impairments are related to a lack of financial may include the school district's serious failure to meet minimum academic standards, as evidenced by a continued pattern of poor student performance, or impairments related to a lack of financial resources.
(ii) If the State Board of Education determines that a public school or district in the state which, during each of two (2) consecutive school years or during two (2) of three (3) consecutive school years, receives an "F" designation by the State Board of Education under the accountability rating system or has been persistently failing as defined by the State Board of Education; or if the State Board of Education determines that a public school or district in the state which, during each of four (4) consecutive school years, receives a "D" or "F" designation by the State Board of Education under the accountability rating system or has been persistently failing as defined by the State Board of Education; or if more than fifty percent (50%) of the schools within a school district are designated as Schools-At-Risk in any one (1) year, then the board may place such school or district into a District of Transformation. The State Board of Education shall take over only the number of schools and districts for which it has the capacity to serve. The State Board of Education shall adopt rules and regulations governing any additional requirements for placement into a District of Transformation and the operation thereof. School districts or schools that are eligible to be placed into a District of Transformation due to poor academic performance but are not absorbed due to the capacity of the State Board of Education, shall develop and implement a district improvement plan with prescriptive guidance and support from the Mississippi 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 placement into a District of Transformation.
(iii) If the State Board of Education determined that a school district is impaired with a serious lack of financial resources, the State Board of Education may place the school district into a District of Transformation. If a school district is placed into a District of Transformation for financial reasons, the school district shall be required to reimburse the state for any costs incurred by the state on behalf of the school district.
(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, or when the State Board of Education places a school district into a District of Transformation due to poor academic performance or financial reasons, 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 actions taken pursuant to 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 actions taken pursuant to 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 total funding formula allotment 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 score
of * * * less than five hundred thirty-six (536) points
when placed into district transformation, the district shall be eligible to
return to local control when the school district has attained * * * an accreditation rating
score of five hundred thirty-six (536) points or higher for three (3)
consecutive years;
(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.
(13) Upon the declaration of a state of emergency in a school district under subsection (12) of this section, or upon the State Board of Education's placement of a school district into a District of Transformation for academic or financial reasons, 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 a school district in a District of Transformation, 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, or when the State Board of Education places a school district into a District of Transformation for academic or financial reasons, 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 total funding formula funds as provided in Sections 37-151-200 through 37-151-215. In the alternative, the local school district may pay the cost of the salary of the interim superintendent. 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 funding formula 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 interim superintendent assigned to the district shall remain in place for a period of two (2) years and shall work alongside the newly reconstituted school board. A new superintendent may be hired by the newly reconstituted board after the one (1) year state of emergency no longer exists, but he or she shall serve as deputy to the interim superintendent while the interim superintendent is assigned to the district.
(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 total funding formula 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) [Deleted]
(17) [Deleted]
(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) [Deleted]
(20) [Deleted]
(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 2. Section 37-19-10, Mississippi Code of 1972, is amended as follows:
37-19-10. (1) The Legislature finds that there is a need for a performance incentive program for outstanding teachers and staff in highly productive schools.
(2) * * *
The School Recognition Program is created to provide financial awards to public
schools that:
(a) Sustain high
performance by earning a school accountability rating score of * * * four hundred forty-two (442)
points or greater on a scale of seven hundred (700) points or a score of seven
hundred fifty-four (754) points or greater on a scale of one thousand (1,000)
points, which shall be funded at One Hundred Dollars ($100.00) per pupil in
average daily attendance;
(b) Sustain high
performance by earning a school accountability rating score * * * greater than three hundred
seventy-seven (377) points, but less than four hundred forty-two (442) points
on a scale of seven hundred (700) points, or a score greater than six hundred
forty-eight (648) points on a scale of one thousand (1,000) points, which
shall be funded at Seventy-five Dollars ($75.00) per pupil in average daily
attendance; or
(c) Demonstrate
exemplary performance by improving at least * * * by fifty-eight (58)
points for elementary and middle schools or by eighty-one (81) points for high
schools, which shall be funded at One Hundred Dollars ($100.00) per pupil
in average daily attendance.
(3) All public schools, including charter schools, earning the appropriate school rating are eligible to participate in the program.
(4) School recognition awards must be used for nonrecurring salary supplements to the teachers and staff employed in the school receiving the financial award. Any nonrecurring salary supplements paid to teachers and staff shall be prospective, shall be paid over the remainder of the year, and shall not be considered part of the local supplement. For contracted individuals, there shall be an amendment to the existing contract.
(5) School recognition awards shall not be used for administrators.
(6) There is hereby created in the State Treasury, the School Recognition Program Fund which shall be used by the State Department of Education, depending on the availability of funds as appropriated, to provide financial awards to schools under this section. It shall be the duty of the State Department of Education to file with the State Treasurer and the State Fiscal Officer such data and information as may be required to enable the said State Treasurer and State Fiscal Officer to distribute the School Recognition Program Funds by electronic funds transfer to the several school districts at the time required and provided under the provisions of this section. Such data and information so filed shall show in detail the amount of funds to which each school district is entitled from the School Recognition Program Fund. Such data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the State Treasurer and the State Fiscal Officer shall distribute to the several school districts the amounts to which they are entitled from the School Recognition Program Fund as provided by this section. Such distribution shall be made by electronic funds transfer to the depositories of the several school districts designated in writing to the State Treasurer based upon the data and information supplied by the State Department of Education for such distribution. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Officer, which shall set forth the purpose, amount and payees, and shall be in such form as may be approved by the State Fiscal Officer so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of said electronic funds transfers shall be transmitted by the school district depositories to the Treasurer, who shall file duplicates with the State Fiscal Officer. The Treasurer and State Fiscal Officer shall jointly promulgate regulations for the utilization of electronic funds transfers to school districts from the School Recognition Program Fund.
(7) It is the intent of the
Legislature to develop a plan to reward high-performing teachers in schools
with an accountability rating * * * score less than three hundred seventy-seven (377) points
on a scale of seven hundred (700) points or less than six hundred forty-eight
(648) points on a scale of one thousand (1,000) points.
SECTION 3. Section 37-17-13, Mississippi Code of 1972, is amended as follows:
37-17-13. (1) Whenever the Governor declares a state of emergency in a school district in response to a certification by the State Board of Education and the Commission on School Accreditation made under Section 37-17-6(12)(b), or when the State Board of Education places a school district into a District of Transformation for academic or financial reasons under Section 37-17-6(12)(b), the State Board of Education, in addition to any actions taken under Section 37-17-6, shall abolish the school district and assume control and administration of the schools formerly constituting the district, and appoint an interim superintendent to carry out this purpose under the direction of the State Board of Education. In such case, the State Board of Education shall have all powers which were held by the previously existing school board, and the previously existing superintendent of schools or county superintendent of education, including, but not limited to, those enumerated in Section 37-7-301, and the authority to request tax levies from the appropriate governing authorities for the support of the schools and to receive and expend the tax funds as provided by Section 37-57-1 et seq. and Section 37-57-105 et seq.
(2) When a school district is abolished under this section, loans from the School District Emergency Assistance Fund may be made by the State Board of Education for the use and benefit of the schools formerly constituting the district in accordance with the procedures set forth in Section 37-17-6(15) for such loans to the district. The abolition of a school district under this section shall not impair or release the property of that school district from liability for the payment of the loan indebtedness, and it shall be the duty of the appropriate governing authorities to levy taxes on the property of the district so abolished from year to year according to the terms of the indebtedness until same shall be fully paid.
(3) After a local school
board is abolished by the State Board of Education, at such time the State
Board of Education determines that the impairments are being substantially
corrected and the responsibility of the district transformation in such
district upon the conclusion of the final scholastic year in which a district
has maintained * * * an accountability rating score of three
hundred twenty-eight (328) points or greater on a scale of seven hundred (700)
points, or a score of five hundred eighty-four (584) points or greater on a
scale of one thousand (1,000) points for three (3) consecutive years, the
State Board of Education may appoint a new five-member board for the
administration of the school district and shall notify the local county board
of supervisors and/or municipal governing authority of such appointment,
spreading the names of the new school board members on its minutes. The new
local school board members shall be residents of the school district. The new
local school board members appointed by the State Board of Education may serve
in an advisory capacity to the interim superintendent for its first year of
service and thereafter shall have full responsibility to administer the school
district. Thirty (30) days prior to the end of the first year of office as an
advisory board, each member shall draw lots to determine when the members shall
rotate off the board as follows: one (1) member shall serve a one-year term of
office; one (1) member shall serve a two-year term of office; one (1) member
shall serve a three-year term of office; one (1) member shall serve a four-year
term of office; and one (1) member shall serve a five-year term of office. At
that time, the State Board of Education shall notify the appropriate board of
supervisors or municipal governing authority of this action and request them to
provide for the election or appointment of school board members at the end of
the terms of office in the manner provided by law, in order for the local
residents of the school district to select a new school board on a phased-in basis.
In such situations, the Governor will set the date of any necessary special
election which shall be conducted by the county election commission. During
the new school board's first two (2) years administering the school district,
the interim superintendent shall continue to serve alongside the school board.
The State Board of Education shall request the new school board to provide for
the appointment of a superintendent to govern the reconstituted or reorganized
school district one (1) year after the new school board's first year of
administering the school district. The new superintendent shall serve as
deputy to the interim superintendent while the interim superintendent is
assigned to the district. A board member or superintendent in office at the
time the Governor declares a state of emergency in a school district, or when
the State Board of Education places a school district into a District of
Transformation due to academic or financial reasons, shall not be eligible to
serve in the office of school board member or superintendent for the school
district reconstituted or reorganized following the district transformation
period.
SECTION 4. Section 37-17-15, Mississippi Code of 1972, is amended as follows:
37-17-15. Effective March
26, 2014, the withdrawal of a school district's accreditation by the Commission
on School Accreditation in a school district with an * * * accountability
rating score of three hundred seventy-seven (377) points or greater on a
scale of seven hundred (700) points, or a score of six hundred forty-eight
(648) points or greater on a scale of one thousand (1,000) points, for any
reason other than failure to meet student academic standards or for failure to
comply with financial accountability requirements, shall not result in any
limitation of the schools in the district to participate in any extracurricular
or athletic activity in the regular or postseason. The Commission on School
Accreditation shall amend its rules and regulations to conform to the provisions
of this section.
SECTION 5. Section 37-9-13, Mississippi Code of 1972, is amended as follows:
37-9-13. (1) (a) Each
school district shall have a superintendent of schools, selected in the manner
provided by law. No person shall be eligible to the office of superintendent
of schools unless such person shall hold a valid administrator's license issued
by the State Department of Education and shall have classroom or administrative
experience of not less than six (6) years which shall include at least three
(3) years of administrative experience as a school building principal ( * * *i) in a school with an * * * accountability
rating score of three hundred seventy-seven (377) points or greater on a
scale of seven hundred (700) points, or six hundred forty-eight (648) points on
a scale of one thousand (1,000) points, or ( * * *ii) in a school that increased its
accountability rating score by * * * fifty-eight (58) points for
elementary and middle schools or by eighty-one (81) points for high schools
during the period in which the principal was employed as principal at the
school, or ( * * *iii)
in a school with comparable accountability rating or improvement in another
state which shall be verified by the * * * State Department of
Education.
(b) Notwithstanding the provisions of subsection (4) of this section, no person shall be eligible to the office of superintendent of schools if the person has pled guilty to or been convicted of any state or federal offense in which he or she unlawfully took, obtained or misappropriated funds received by or entrusted to the person by virtue of his or her public office or employment.
(2) * * * In all public
school districts, the local school board shall appoint the superintendent of
schools of such district. * * *
The county superintendent of education of said county shall not be elected but
shall thereafter be appointed by the local school board in the manner provided
in Section 37-9-25. * * * The superintendent of
schools shall have the general powers and duties to administer the schools
within his district as prescribed in Section 37-9-14 et seq., Mississippi Code
of 1972.
(3) As an alternative to
the qualifications prescribed in subsection (1)(a) of this section, the State
Board of Education is authorized and directed to issue regulations * * * which include minimum
credentials, educational prerequisites, and relevant best practice experience
requirements that will qualify a person to serve as a superintendent without
having the direct experience or certification as an educator specified in
subsection (1)(a) of this section.
(4) The provisions of this section shall be applicable to any superintendent of schools selected on or after July 1, 2017, who has not previously served as a superintendent or assistant superintendent within the last five (5) years.
SECTION 6. This act shall take effect and be in force from and after July 1, 2025.