Bill Text: MS HB1043 | 2010 | Regular Session | Engrossed
Bill Title: New start school; require transformation of chronically failing school into.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2010-03-27 - Died In Conference [HB1043 Detail]
Download: Mississippi-2010-HB1043-Engrossed.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Representatives Brown, Jones (111th), Espy
House Bill 1043
(As Passed the House)
AN ACT TO CREATE A NEW START SCHOOL PROGRAM TO BE ADMINISTERED BY THE MISSISSIPPI RECOVERY SCHOOL DISTRICT IN THE STATE DEPARTMENT OF EDUCATION; TO DEFINE THE TERM "NEW START SCHOOL"; TO REQUIRE A NEW START SCHOOL TO BE ESTABLISHED IN EACH PUBLIC SCHOOL THAT, DURING EACH OF THREE (3) CONSECUTIVE SCHOOL YEARS, IS CONSIDERED FAILING; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO GRANT A ONE-YEAR DELAY IN TRANSFORMING A SCHOOL INTO A NEW START SCHOOL WHEN MERITED; TO REQUIRE THE DEPUTY SUPERINTENDENT OF EDUCATION TO PROVIDE NOTICE TO THE PUBLIC AND ALL EMPLOYEES OF A FAILING SCHOOL OF ITS POTENTIAL TO BE TRANSFORMED INTO A NEW START SCHOOL; TO REQUIRE THE EVALUATION OF ALL LICENSED AND NONLICENSED EMPLOYEES IN A FAILING SCHOOL THAT IS TRANSFORMED INTO A NEW START SCHOOL BEFORE THE TERMINATION OF SUCH EMPLOYEES; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS RELATING TO THE NEW START SCHOOL PROGRAM; TO RESTRICT THE TRAVEL OF SUPERINTENDENTS AND MEMBERS OF LOCAL SCHOOL BOARDS HAVING A FAILING SCHOOL IN THEIR SCHOOL DISTRICTS; TO REDUCE THE AMOUNT OF THE PER DIEM RECEIVED BY MEMBERS OF LOCAL SCHOOL BOARDS HAVING A FAILING SCHOOL IN THEIR SCHOOL DISTRICTS BY ONE-HALF; TO REQUIRE SCHOOL BOARDS TO ADOPT A POLICY TO DEVELOP AN ACADEMIC PLAN FOR EACH STUDENT AND PROVIDE THE REQUIREMENTS OF THE PLAN; TO PROVIDE DUTIES OF STUDENTS AND PARENTS UNDER THIS ACT; TO REQUIRE EACH PUBLIC SCHOOL STUDENT TO PREPARE AN INTERIM NEXT-STEP PLAN SETTING FORTH THE COURSEWORK REMAINING FOR THE GRADES UNTIL THE STUDENT'S GRADUATION; TO REQUIRE SCHOOL DISTRICTS HAVING THE THREE LOWEST ACCREDITATION LEVELS AS DEFINED BY THE STATE BOARD OF EDUCATION TO ADOPT CERTAIN POLICIES AND PROCEDURES REGARDING DAILY CURRICULUM, WEEKLY HOMEWORK ASSIGNMENTS, PARENTAL INVOLVEMENT, DRESS CODES, SCHOOL HOLIDAYS, PARENT-TEACHER CONFERENCES AND A SCHOOL SYLLABUS; TO REQUIRE ALTERNATIVE SCHOOLS IN THOSE DISTRICTS TO ADHERE TO THE SAME POLICIES AND PROCEDURES; TO AMEND SECTIONS 37-9-103 AND 37-9-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section applies only to those public schools in the State of Mississippi which, during each of three (3) consecutive school years, are considered failing, as determined by the State Department of Education.
For purposes of this section, the term "new start school" means the successor school to a public school in the State of Mississippi which, during each of three (3) consecutive school years, is considered failing, as determined by the State Department of Education.
(2) There is established the New Start School Program for the purpose of transforming certain failing schools into quality educational options. Under the program, a new start school must be established in each public school that, during each of three (3) consecutive school years, is considered failing, as determined by the State Department of Education. The New Start School Program shall be under the administration of the Mississippi Recovery School District established under Section 37-17-6(11)(f).
(3) (a) Whenever a school is classified by the State Department of Education as a failing school for two (2) or more consecutive years, the Mississippi Recovery School District shall provide written notice to the principal and each licensed and nonlicensed employee in the school that if the school receives a classification of failing for the succeeding school year, the school will be transformed into a new start school and the person's employment with the local school district shall be terminated. The notice shall be sent by the deputy superintendent responsible for the Mississippi Recovery School District as soon as practicable after the school is classified as failing.
(b) In addition to the notice required under paragraph (a), the Mississippi Recovery School District shall provide notice to the public in a newspaper of general circulation in the local county that if the school receives a classification of failing for the succeeding school year, the school will be transformed into a new start school. The advertisement may not be placed in any portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall appear in a newspaper that is published at least five (5) days a week, unless the only newspaper in the county is published less than five (5) days a week. The newspaper selected must be one of general interest, readership and circulation in all areas of the community.
(4) If a school that has been classified by the State Department of Education as a failing school for two (2) or more consecutive years is determined to be a failing school during the next succeeding school year, the Mississippi Recovery School District shall take such steps as may be necessary to facilitate the transformation of the failing school into a new start school.
However, the school board of the local school district in which such a school is located may appeal to the State Board of Education for an additional year before the school must be transformed into a new start school. The State Board of Education, in its discretion, may grant a one-year delay if it determines circumstances merit giving the school an additional year to achieve academic improvement. If, during the additional year, the school is classified again as a failing school, the Mississippi Recovery School District shall proceed to transform the failing school into a new start school.
(5) The State Board of Education shall adopt rules and regulations governing the transformation of chronically failing schools into new start schools. The State Board of Education shall adopt rules and regulations that ensure that all students who were in the attendance area of the school district before a new start school is instituted shall continue being eligible for the same district for the new start school without any required application process for the school. The rules and regulations must include, but not necessarily be limited to, the following provisions:
(a) The State Board of Education shall adopt rules and regulations to evaluate the performance of all licensed and nonlicensed employees in schools that are to be transformed into a new start school. For all licensed employees the said rules and regulations shall use qualitative and quantitative data, which shall include using the measures of student achievement, to assess the effectiveness of the educator. Any employee that receives an unsatisfactory evaluation may be terminated by the school district in which the school is located. Upon completion of an improvement plan, a person employed other than as a teacher who is terminated may apply for a position at the new start school or at another location in the school district; however, the school district may exercise its discretion in determining whether or not the person will be offered continued employment with the district. Upon completion of an improvement plan, a teacher terminated under this paragraph may apply for employment in the new start school or for a position at another location in the school district. A teacher terminated under this paragraph may be reemployed by the school district in the new start school, subject to the approval of that teacher's reemployment by the deputy superintendent responsible for the Mississippi Recovery School District.
(b) The deputy superintendent responsible for the Mississippi Recovery School District shall select a person to be employed as the principal of the new start school or may contract with a nonprofit organization which has operated a successful charter school in any state or the District of Columbia. Upon the request of the deputy superintendent, the superintendent of the school district in which the new start school is located shall enter into a contract with the person selected to be the principal in the same manner that contracts with principals are executed under Section 37-9-23. The principal of the new start school shall be an employee of the school district but shall report and be accountable directly to the deputy superintendent responsible for the Mississippi Recovery School District. All decisions impacting the academic, finance or any other managerial or operational functions of the new start school shall be subject to the review and approval of the Mississippi Recovery School District.
(c) The principal of the new start school, chosen by the superintendent under subsection (a) of this section, shall select and recommend for employment all licensed and nonlicensed personnel for the school in the same manner as provided for other schools. However, the principal may not recommend for employment any person other than a teacher whose employment with the school district has been terminated under paragraph (a) of this subsection. The principal shall endeavor to select only the most qualified applicants for employment in the new start school. Each teacher recommended for employment in the new start school must be approved by the deputy superintendent of the Mississippi Recovery School District before a contract for employment may be executed with the teacher.
(d) The State Board of Education shall develop professional development courses of training specifically designed for licensed personnel in a new start school. All licensed employees of the new start school shall be required to participate in the professional development courses.
(e) The principal of a new start school shall establish an advisory council to assist in the transformation of the new start school. The advisory council may be composed of parents, students, educators and other community members who are interested in the success of the new start school.
(f) A new start school may be given a new name, mascot and colors. Subject to the availability of funds for such purposes, the campus of the new start school may be refurbished in efforts to distinguish the new start school from the failing school it is replacing. A new start school may receive donations or grants from any public or private source for making improvements to the new start school.
(g) The State Board of Education shall prescribe the circumstances under which a new start school shall cease to be designated a new start school subject to the requirements of this section and the rules and regulations of the State Board of Education relating to new start schools.
(h) The State Board of Education shall identify a community advisory committee that reflects the demographics of the school to assist in the selection of the new principal.
(i) The school board of a failing school shall adopt a policy for an elementary school or middle school or junior high school or high school to develop an academic plan for each pupil enrolled in the grade level at which the elementary or middle school or junior high school or high school initially enrolls pupils. The academic plan must set forth when applicable:
(i) The specific educational goals that the pupil intends to achieve before promotion to the next grade;
(ii) An identification of the courses required for promotion to the next grade;
(iii) An identification of all honors courses, career and technical education courses and other educational programs, courses and pathways available to the pupil which will assist in the advancement of the education of the pupil.
(j) A description of the expectations of the teachers of pupils who are enrolled in elementary or middle school or junior high school or high school.
(k) The policy must require each pupil enrolled in his initial year at the elementary or middle school or junior high school or high school and the pupil's parent or legal guardian to:
(i) Have sufficient opportunities to work in consultation with the school to develop an academic plan for the pupil;
(ii) Review the academic plan; and
(iii) Review the academic plan at least once each school year until the pupil is promoted to the next grade.
(l) If a pupil enrolls in an elementary or middle school or junior high school or high school after the initial year of enrollment for that elementary or middle school or junior high school or high school, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.
(m) An academic plan for a pupil must be used as a guide for the pupil and the pupil's parent or legal guardian to plan, monitor and manage the pupil's educational development and make determinations of the appropriate courses of study for the pupil. If the pupil does not satisfy all the educational goals set forth in the academic plan, the pupil is eligible for promotion to the next grade if he otherwise satisfies the requirements for promotion to the next grade.
(n) At the end of Grades 9 through 11, each student in the new start schools shall have prepared a next-step plan that sets forth the coursework for the grades remaining until high school graduation. Each year's plan shall explain any differences from previous next-step plans, shall be filed with the principal of the student's high school and shall be signed by the student, the student's parent and the student's principal or other school official charged with coursework planning for the student.
(o) Each student must complete a final plan during the senior year and prior to graduation. The plan shall be filed with the principal of the student's high school and shall be signed by the student, the student's parent and the student's principal or other school official charged with coursework planning for the student.
(p) The school having been designated a failing school as defined by the State Board of Education, shall adopt policies and procedures regarding the daily curriculum in schools, weekly homework assignments, parental involvement, dress codes, school holidays, parent-teacher conferences and a school syllabus. The policies and procedures must include, but not necessarily be limited to, the following:
(i) Every child must be assigned daily homework assignments;
(ii) Every child must be taught to write in proper manuscript and cursive lettering, which must be reinforced through weekend homework assignments at every grade level;
(iii) Every child must be assigned a daily reading assignment;
(iv) Every child must be assigned a daily written assignment to accompany the daily reading assignment in order to assess the reading comprehension level of the child;
(v) Every child must be assigned a minimum of five (5) words per week in each subject area to learn to spell, define and use in a sentence, which must be used to assess the child's retention of the assignment;
(vi) Every child must be assigned a minimum of one (1) book to read per subject each month and must write a short report on the subject matter of the book, which report must be used to assess the child's learning ability. Children in primary grades may be allowed to draw pictures, elaborate orally or use any other alternative method to tell about their books;
(vii) Every parent or guardian of a child shall participate in one (1) supportive service for the school district, such as assisting at the bus stop, working the concession stand for an athletic event, chaperoning a school sponsored event, serving in the Parent Teacher Association, or serving as a mentor, resource officer or tutor;
(viii) Every teacher shall dress in a professional manner, which does not include wearing blue jeans, denim jeans or tee shirts;
(ix) Every child must be required to wear a school uniform;
(x) Staff development training may not be held during a regular school day; however, staff development training may be offered after the regular school day has been completed. The staff development training must be relevant to the teaching experience and beneficial to the teacher, student and district as a whole;
(xi) Parent-teacher conferences must be held at the middle of each nine-week term with the parent and a child who has not mastered his or her coursework for the mid-term or who has demonstrated bad citizenship;
(xii) The school district shall provide a syllabus for each nine (9) weeks with the homework assignments posted for each subject. The syllabus must contain an agreement that the parent or guardian is required to sign stating that the parent understands the child has daily homework assignments and that the parent has received a document outlining the child's work assignments and due dates of the assignments; and
(xiii) The school district shall post the syllabus on the school district's Web site, if available. If a student loses his or her syllabus, the school district may charge a fee of not more than Twenty-five Cents (25¢) per individual sheet to copy and replace the document.
(6) The 2010-2011 school year shall be the first year that a school's classification may be considered for purposes of this section, and a classification as a failing school in any year preceding the 2010-2011 school year may not be considered in determining if a particular school must be transformed into a new start school.
(7) If a local school district has one or more schools designated as failing for two (2) or more consecutive years as determined by the performance classifications of the state accountability rating system, as defined and adopted by the State Board of Education, the superintendent of that local school district shall be restricted only to travel that is mandated by law or prescribed by the Mississippi School Boards Association or the State Department of Education.
(8) If a local school district has one or more schools designated as failing for two (2) or more consecutive years as determined by the performance classifications of the state accountability rating system, as defined and adopted by the State Board of Education, the members local school board of that school district shall be restricted only to travel that is mandated by law or prescribed by the Mississippi School Boards Association or the State Department of Education, and shall have the amount of their per diem reduced by one-half (1/2).
SECTION 2. Section 37-9-103, Mississippi Code of 1972, is amended as follows:
37-9-103. (1) As used in Sections 37-9-101 through 37-9-113, the word "employee" shall include:
(a) Any teacher, principal, superintendent or other professional personnel employed by the local school district for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or
(b) Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment.
(2) (a) The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school district after the Governor declares a state of emergency under the provisions of Section 37-17-6(11). The Education Employment Procedures Law shall not be applicable in any school district for the full period of time that those conditions, as defined in Section 37-17-6(11), exist.
(b) The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school that is a new start school, as provided for under Section 1 of this act.
(3) For purposes of Sections 37-9-101 through 37-9-113, the term "days" means calendar days.
SECTION 3. Section 37-9-3, Mississippi Code of 1972, is amended as follows:
37-9-3. Except as otherwise provided in Section 1 of this act, within the limits of the available funds, the superintendent of schools of a school district shall recommend to the school board thereof all noninstructional employees to be employed and may prescribe the duties thereof. Compensation for such employees may be paid from any lawful funds.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.
