MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Representative Roberson
AN ACT TO AMEND SECTION 37-28-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHARTER SCHOOLS SHALL BE GRANTED A TWO-YEAR DELAY START DATE FOR COMMENCEMENT OF INSTRUCTION OF STUDENTS; TO FURTHER PROVIDE THAT IF THE CHARTER SCHOOL FAILS TO START AFTER TWO YEARS OF BEING APPROVED, IT MUST REAPPLY FOR AUTHORIZATION TO OPEN A CHARTER SCHOOL TO THE MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD; TO AMEND SECTION 37-28-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHARTER SCHOOL EMPLOYEES HAVING SATISFIED ALL THE REQUIREMENTS FOR NATIONAL BOARD CERTIFICATION IN THEIR RESPECTIVE PROFESSIONAL DISCIPLINES, SHALL BE ENTITLED TO A $6,000.00 ANNUAL SALARY SUPPLEMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-28-21, Mississippi Code of 1972, is amended as follows:
37-28-21. (1) The
authorizer shall grant an initial charter to each qualified applicant for a
term of five (5) operating years. The term of the charter shall commence on
the charter school's first day of operation. An approved charter school may
delay its opening for * * * two (2) school years in order to plan and prepare
for the school's opening. If the school requires an opening delay of more than * * * two (2) school years, the
school must * * * reapply for authorization to the authorizer and
satisfy each mandatory element of the charter application required under
Section 37-28-15 and such other requirements as the authorizer may impose under
the authority granted in Chapter 28, Title 37, Mississippi Code of 1972. * * *
(2) (a) The authorizer and the governing board of the approved charter school shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the charter school will be judged and the administrative relationship between the authorizer and charter school, including each party's rights and duties. The performance expectations and measures set forth in the charter contract must include, but need not be limited to, applicable federal and state accountability requirements. The performance provisions may be refined or amended by mutual agreement after the charter school is operating and has collected baseline achievement data for its enrolled students.
(b) The charter contract must be signed by the chairman of the authorizer board and the president of the charter school's governing board.
(c) A charter school may not commence operations without a charter contract executed in accordance with this section and approved in an open meeting of the authorizer board.
(3) The authorizer may establish reasonable preopening requirements or conditions to monitor the start-up progress of a newly approved charter school and to ensure that the school is prepared to open smoothly on the date agreed and that the school meets all building, health, safety, insurance and other legal requirements before the school's opening.
SECTION 2. Section 37-28-47, Mississippi Code of 1972, is amended as follows:
37-28-47. (1) (a) Charter schools must comply with applicable federal laws, rules and regulations regarding the qualification of teachers and other instructional staff. No more than twenty-five percent (25%) of teachers in a charter school may be exempt from state teacher licensure requirements. Administrators of charter schools are exempt from state administrator licensure requirements. However, teachers and administrators must have a bachelor's degree as a minimum requirement, and teachers must have demonstrated subject-matter competency. Within three (3) years of a teacher's employment by a charter school, the teacher must have, at a minimum, alternative licensure approved by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.
(b) A charter school may not staff positions for teachers, administrators, ancillary support personnel or other employees by utilizing or otherwise relying on nonimmigrant foreign worker visa programs. However, a charter school may submit a request to the authorizer for an exception allowing the employment of a nonimmigrant foreign worker before the worker is employed. The authorizer may grant permission for the employment of the nonimmigrant foreign worker only if the charter school makes a satisfactory showing of efforts to recruit lawful permanent residents of the United States to fill the position and a lack of qualified applicants to fill the position.
(2) Employees in charter schools must have the same general rights and privileges as other public school employees, except such employees are not:
(a) Covered under the Education Employment Procedures Law (Section 37-9-103); and
(b) Subject to the state salary requirements prescribed in Section 37-19-7.
(3) For the purpose of eligibility for participation in the Public Employees' Retirement System, a public charter school is considered to be a political subdivision of the state. Employees in public charter schools are eligible for participation in other benefits programs if the public charter school governing board chooses to participate.
(4) (a) The following charter school employees shall receive an annual salary supplement in the amount of Six Thousand Dollars ($6,000.00), in addition to any other compensation to which the charter employee may be entitled:
(i) Any licensed teacher who has met the requirements and acquired a Master Teacher certificate from the National Board for Professional Teaching Standards and who is employed by a charter school as a teacher and not as an administrator. Such teacher shall submit documentation to the State Department of Education that the certificate was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the teacher shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(ii) A licensed nurse who has met the requirements and acquired a certificate from the National Board for Certification of School Nurses, Inc., and who is employed by a charter school as a school nurse and not as an administrator. The licensed school nurse shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school nurse shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(iii) Any licensed school counselor who has met the requirements and acquired a National Certified School Counselor (NCSC) endorsement from the National Board of Certified Counselors and who is employed by a charter school as a counselor and not as an administrator. Such licensed school counselor shall submit documentation to the State Department of Education that the endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school counselor shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(iv) Any licensed speech language pathologist and audiologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech Language Hearing Association and any certified academic language therapist (CALT) who has met the certification requirements of the Academic Language Therapy Association and who is employed by a local school board. The licensed speech language pathologist and audiologist and certified academic language therapist shall submit documentation to the State Department of Education that the certificate or endorsement was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed speech language pathologist and audiologist and certified academic language therapist shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(v) Any licensed athletic trainer who has met the requirements and acquired Board Certification for the Athletic Trainer from the Board of Certification, Inc., and who is employed by a charter school as an athletic trainer and not as an administrator. The licensed athletic trainer shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed athletic trainer shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(vi) An occupational therapist who has met the requirements and acquired initial certification as an Occupational Therapist Registered from the National Board for Certification in Occupational Therapy, Inc., and who is employed by a charter school as an occupational therapist and not an administrator. The certified occupational therapist shall submit documentation to the State Department of Education that the certification was received before October 15 of each year in order to be eligible for the full salary supplement in the current school year, or the occupational therapist shall submit the documentation to the State Department of Education before February 15 of each year in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(vii) Any licensed school psychologist who has met the requirements and acquired certification as a Nationally Certified School Psychologist (NCSP) from the National Association of School Psychologists (NASP), and who is employed by a charter school as a school psychologist. The licensed school psychologist shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school psychologist shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(b) A charter school employee shall be reimbursed for the actual cost of completing each component of acquiring the certificate or endorsement, excluding any costs incurred for postgraduate courses, not to exceed Five Hundred Dollars ($500.00) for each component, not to exceed four (4) components, for a teacher, school counselor or speech language pathologist and audiologist, regardless of whether or not the process resulted in the award of the certificate or endorsement. The charter school governing board or any private individual or entity may pay the cost of completing the process of acquiring the certificate or endorsement for any employee of the school district described under paragraph (a), and the State Department of Education shall reimburse the charter school for such cost, regardless of whether or not the process resulted in the award of the certificate or endorsement. If a private individual or entity has paid the cost of completing the process of acquiring the certificate or endorsement for an employee, the charter school may agree to directly reimburse the individual or entity for such cost on behalf of the employee.
(c) All salary supplements and process reimbursement authorized under this subsection shall be paid directly by the State Department of Education to the charter school and shall be in addition to its adequate education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education. However, an educational employee shall receive the salary supplement in the amount of Six Thousand Dollars ($6,000.00) for only one (1) of the qualifying certifications authorized under paragraph (a) of this subsection. No charter school shall provide more than one (1) annual salary supplement under the provisions of this subsection to any one (1) individual employee holding multiple qualifying national certifications.
(d) If an employee for whom such cost has been paid, in full or in part, by a charter school governing board or private individual or entity fails to complete the certification or endorsement process, the employee shall be liable to the charter school or individual or entity for all amounts paid by the charter school governing board or individual or entity on behalf of that employee toward his or her certificate or endorsement.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.