Bill Amendment: MS HB875 | 2017 | Regular Session
Bill Title: School accreditation and failing school districts; revise process of state administration through process of district transformation.
Status: 2017-03-27 - Died In Conference [HB875 Detail]
Download: Mississippi-2017-HB875-Senate_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 875
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
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) No later than June 30, 1995, 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) Beginning with the 1994-1995 school year, 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) On or before December 31, 2002, 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 testing programs developed by the State Board of Education pursuant to 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) Development 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 Common Core State 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, whichever is applicable, 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) Beginning July 1, 1998, 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. Beginning July 1, 1998, 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 of
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 * * * conservator 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 of
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 * * * conservator 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 * * *conservator 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) Beginning with the school district audits conducted for the 1997-1998 fiscal year, 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) Before December 1, 1999, 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. A written report on the accountability plan shall be submitted to the Education Committees of both houses of the Legislature before December 1, 1999, with any necessary legislative recommendations.
(20) Before January 1, 2008, 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 2. 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(11)(b), the State Board of Education,
in addition to any actions taken under Section 37-17-6, may 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(14) 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 school district
is abolished under this section, at such time as the State Board of Education
determines that the impairments have been substantially corrected after a
period of maintaining a "C" accountability rating 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, the State Board of Education shall reconstitute, reorganize or
change or alter the boundaries of the previously existing district; however, no
partition or assignment of territory formerly included in the abolished
district to one or more other school districts may be made by the State Board
of Education without the consent of the school board of the school district to
which such territory is to be transferred, such consent to be spread upon its
minutes. At that time, the State Board of Education, in appropriate cases,
shall notify the appropriate governing authority or authorities of its action and
request them to provide for the election or appointment of school board members
in the manner provided by law. In the event the applicable statute provides
that vacancies in an all-elected membership of the school board will be filled
by appointment by the remaining members of the school board and no members of
the school board remain in office, the Governor shall call a special election
to fill the vacancies. In such situations, the Governor will set the date of
the special election and * * *said the election will be conducted by the county
election commission. The State Board of Education shall also request the
governing authority or authorities to provide for the appointment of a
superintendent or superintendents to govern the reconstituted, reorganized or
changed district or districts, which such appointed position shall apply in all
school districts including those school districts in which the position of
superintendent was previously an elected office. A board member or
superintendent in office at the time the Governor declares a state of emergency
in a school district to be abolished shall not be eligible to serve in that
office for the school district reconstituted, reorganized or changed after the
Governor declares that an emergency no longer exists.
(4) As an alternative to
the procedure set forth in subsection (3), in the event a local school board is
abolished by the State Board of Education pursuant to this section, after the
State Board of Education determines that the impairments are being
substantially corrected and the responsibility of the * * * district of
transformation in such district * * * upon the conclusion of the final scholastic year
in which a district has maintained a "C" accountability rating 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, 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. The State Board of Education
shall also request the new school board to provide for the appointment of a
superintendent to govern the reconstituted or reorganized school district,
including those school districts in which the position of superintendent was
previously an elected office. A board member or superintendent in office at
the time the Governor declares a state of emergency in a school district 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 of
transformation period.
* * *
This subsection (4) shall
stand repealed from and after July 1, * * * 2020.
SECTION 3. Section 37-18-7, Mississippi Code of 1972, is amended as follows:
37-18-7. (1) As part of the school improvement plan for a School At-Risk, a professional development plan shall be prepared for those school administrators, teachers or other employees who are identified by the evaluation team as needing improvement. The State Department of Education shall assist the School At-Risk in identifying funds necessary to fully implement the school improvement plan.
(2) In the event a school continues
to be designated a School At-Risk after three (3) years of implementing a
school improvement plan, or in the event that 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 that the Governor
declare a state of emergency in that school district. Upon the declaration of
the state of emergency by the Governor, the State Board of Education may take
all such action for dealing with school districts as is authorized under
subsection (11) or (14) of Section 37-17-6, including the appointment of an interim * * * superintendent.
SECTION 4. This act shall take effect and be in force from and after July 1, 2017.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTIONS 37-17-6, 37-17-13 AND 37-18-7, MISSISSIPPI CODE OF 1972, RELATING TO SCHOOL AND SCHOOL DISTRICT ACCREDITATION, TO REVISE THE DESIGNATION OF SCHOOLS AND SCHOOL DISTRICTS UNDER CONSERVATORSHIP AS SCHOOLS AND SCHOOL DISTRICTS IN DISTRICT TRANSFORMATION STATUS; TO RENAME THE TERM CONSERVATOR AS INTERIM SUPERINTENDENT; AND FOR RELATED PURPOSES.
