Bill Text: MS HB390 | 2013 | Regular Session | Introduced
Bill Title: Teacher evaluation; establish process for comprehensive assessment of performance and growth.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB390 Detail]
Download: Mississippi-2013-HB390-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education
By: Representative Frierson
House Bill 390
AN ACT TO CREATE A COMPREHENSIVE TEACHER EVALUATION PROCESS FOR ALL LICENSED PUBLIC SCHOOL TEACHERS TO ASSESS TEACHER PERFORMANCE AND PROVIDE A PLAN FOR PROFESSIONAL GROWTH; TO REQUIRE LOCAL SCHOOL BOARDS TO USE THE MISSISSIPPI TEACHER PERFORMANCE STANDARDS AND MISSISSIPPI TEACHER EVALUATION PROCESS IN ITS EVALUATION PROCESS OR ALTERNATIVE EVALUATION EQUIVALENT TO THE STATE MODEL; TO REQUIRE THAT THE PRINCIPAL OR DESIGNEE CONDUCT THE EVALUATION; TO REQUIRE LOCAL SCHOOL BOARDS TO USE THE MISSISSIPPI TEACHER PERFORMANCE STANDARDS AND MISSISSIPPI TEACHER EVALUATION PROCESS UNLESS IT DEVELOPS AN ALTERNATIVE EVALUATION PROCESS SIMILAR TO THOSE USED IN THE STATE MODEL; TO PRESCRIBE THE COMPONENTS OF THE MISSISSIPPI TEACHER EVALUATION PROCESS AND THE CORRECTIVE ACTION FOR THE IMPLEMENTATION OF GROWTH PLANS FOR TEACHERS WHO DO NOT OBTAIN A CERTAIN EVALUATION RATING; TO PROVIDE FOR THE FREQUENCY IN WHICH THE EVALUATIONS MUST BE PERFORMED FOR TEACHERS IN CERTAIN SCHOOL DISTRICTS; TO PROVIDE CIVIL IMMUNITY TO THE STATE BOARD OF EDUCATION AND LOCAL SCHOOL BOARDS FOR ENFORCING AND CARRYING OUT THE PROVISION OF THIS ACT; TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP GUIDELINES FOR LOCAL SCHOOL BOARDS TO USE TO CREATE ASSESSMENT TEAMS TO BE ASSIGNED TO EVERY LOW-PERFORMING SCHOOL; TO PRESCRIBE THE DUTIES OF THE ASSESSMENT TEAM; TO REQUIRE THE STATE BOARD OF EDUCATION, IN CONSULTATION WITH LOCAL SCHOOL BOARDS OF EDUCATION, TO REVISE AND DEVELOP UNIFORM PERFORMANCE STANDARDS AND CRITERIA TO BE USED IN EVALUATING CERTIFIED PUBLIC SCHOOL EMPLOYEES, INCLUDING SCHOOL ADMINISTRATORS; TO PRESCRIBE THE PERFORMACE RATING DESIGNATIONS TO BE ASSIGNED TO TEACHERS UPON COMPLETION OF EVALUATION; TO BRING FORWARD SECTIONS 37-9-59, 37-9-111 AND 37-3-2, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The intended purpose of this act is to provide a comprehensive evaluation process to assess teacher performance in relation to the Mississippi Teacher Performance Standards and to design a plan for professional growth. The principal or a designee shall conduct the evaluation process in which the teacher will actively participate through the use of self-assessment, reflection, presentation of artifacts and classroom demonstration.
A local school board shall use the Mississippi Teacher Performance Standards and Mississippi Teacher Evaluation Process unless it develops an alternative evaluation that is properly validated and that includes standards and criteria similar to those in the Mississippi Teacher Performance Standards and Mississippi Teacher Evaluation Process.
SECTION 2. (1) The Mississippi Teacher Evaluation Process
shall include the following components:
(a) A requirement that all teachers, principals and peer evaluators complete training on the evaluation process, before participating in the evaluation process;
(b) A requirement that within two (2) weeks of a teacher's first day of work in any school year, the principal shall provide the teacher with a copy of or directions for obtaining access to a copy of:
(i) The evaluation rubric;
(ii) This policy; and
(iii) A schedule for completing all the components of the evaluation process;
(c) A requirement that the teacher rate his or her own performance at the beginning of the year and reflect on his or her performance throughout the year using the evaluation rubric;
(d) A requirement that before the first formal observation, the principal shall meet with the teacher to discuss the teacher's self-assessment based on the evaluation rubric, the teacher's most recent professional growth plan, and the lessons to be observed. The teacher shall provide the principal with a written description of the lessons. The goal of this conference is to prepare the principal for the observation. Pre-observation conferences are not required for later observations;
(e) A requirement that:
(i) A formal observation lasts at least forty-five (45) minutes or an entire class period;
(ii) The principal conducts at least three (3) formal observations of all probationary teachers;
(iii) A peer conducts one (1) formal observation of a probationary teacher;
(iv) Career teachers be evaluated annually; and
(v) During the year in which a career status teacher participates in a summative evaluation, the principal shall conduct at least three (3) observations, including at least one (1) formal observation; and
(vi) During observations, the principal and peer, in the case of a probationary teacher, shall note the teacher's performance in relationship to the applicable standards on the evaluation rubric;
(f) A requirement that the principal shall conduct a post-observation conference no later than ten (10) school days after each formal observation, during which the principal and teacher shall discuss and document on the rubric the strengths and weaknesses of the teacher's performance during the observed lesson;
(g) A requirement that before the end of the school year and in accordance with local educational agency timelines, the principal shall conduct a summary evaluation conference with the teacher. During the summary evaluation conference, the principal and teacher shall discuss the teacher's self-assessment, the teacher's most recent professional growth plan, the components of the Mississippi Teacher Evaluation Process completed during the year, classroom observations, artifacts submitted or collected during the evaluation process and other evidence of the teacher's performance on the rubric. At the conclusion of the evaluation process, the principal shall:
(i) Give a rating for each element in the rubric;
(ii) Make a written comment on any element marked "Not Demonstrated";
(iii) Give an overall rating of each standard in the rubric;
(iv) Provide the teacher with the opportunity to add comments to the Teacher Summary/End-of-Year Rating Form;
(v) Review the completed Teacher Summary/End-of-Year Rating Form with the teacher; and
(vi) Secure the teacher's signature on the record of teacher evaluation activities and Teacher Summary/End-of-Year Rating Form;
(h) A requirement that teachers who are rated at least "Proficient" on all the standards on the Teacher Summary/End-of-Year Rating Form develop an individual growth plan designed to improve performance on specifically identified standards and elements;
(i) A requirement that a teacher be placed on a monitored growth plan whenever he or she:
(i) Is rated "Developing" on one or more standards on the Teacher Summary/End-of-Year Rating Form; and
(ii) Is not recommended for dismissal, demotion or nonrenewal.
A monitored growth plan shall, at a minimum, identify the standards and elements to be improved, the goals to be accomplished and the activities the teacher should undertake to achieve "Proficiency," and a timeline which allows the teacher one (1) school year to achieve "Proficiency." A monitored growth plan that meets those criteria shall be deemed to satisfy the requirements of Section 3(2) of this act.
(j) A requirement that a teacher be placed on a directed growth plan whenever he or she:
(i) Is rated "Not Demonstrated" on any standard on the Teacher Summary/End-of-Year Rating Form; or
(ii) Is rated "Developing" on one or more standards on the Teacher Summary/End-of-Year Rating Form for two (2) consecutive years; and
(iii) Is not recommended for dismissal, demotion or nonrenewal.
The directed growth plan shall, at a minimum, identify the Standards and Elements to be improved, the goals to be accomplished, the activities the teacher shall complete to achieve "Proficiency," a timeline for achieving "Proficiency" within one (1) school year or a shorter time as determined by the local educational agency. A directed growth plan that meets those criteria shall be deemed to satisfy the requirements of Section 3(2) of this act.
(k) (i) Effective with the 2013-2014 school year, local educational agencies may evaluate teachers using this policy.
(ii) Effective with the 2015-2016 school year, all teachers in Mississippi shall be evaluated using this policy unless a local school board develops an alternative evaluation that is properly validated and that includes standards and criteria similar to those in the Mississippi Teacher Performance Standards and Mississippi Teacher Evaluation Process in which case the local school board shall use that instrument.
(iii) Effective with the 2015-2016 school year, beginning teachers must be rated "Proficient" on all five (5) Mississippi Teacher Performance Standards on the most recent Teacher Summary/End-of-Year Rating Form in order to be eligible for the licensure renewal.
(iv) Effective with the 2015-2016 school year, a principal must rate a probationary teacher as "Proficient" on all five (5) Mississippi Teacher Performance Standards on the most recent Teacher Summary/End-of-Year Rating Form before recommending that teacher for career status.
(2) As used in this act, "career status" means a teacher who has been employed by a Mississippi public school district for four (4) consecutive years.
SECTION 3. (1) (a) Local school districts shall evaluate at least once each year all licensed employees assigned to a school that has been identified as low-performing, as determined by the accountability rating model adopted by the State Board of Education. The evaluation shall occur early enough during the school year to provide adequate time for the development and implementation of a mandatory improvement plan if one is recommended under subsection (2) of this section. If the employee is a teacher, either the principal, the assistant principal who supervises the teacher, or an assessment team established under Section 5 of this act shall conduct the evaluation. If the employee is a school administrator, either the superintendent or the superintendent's designee shall conduct the evaluation.
(b) All teachers in low-performing schools who have not attained career status shall be observed at least three (3) times annually by the principal or the principal's designee and at least once annually by a teacher, and shall be evaluated at least once annually by a principal. This section shall not be construed to limit the duties and authority of an assistance team assigned to a low-performing school.
(c) A local school board shall use the performance standards and criteria adopted by the State Board of Education and may adopt additional evaluation criteria and standards. All other provisions of this section shall apply if a local school board uses an evaluation other than one adopted by the State Board of Education.
(2) (a) A mandatory improvement plan is an instrument designed to improve a teacher's performance or the performance of any licensed employee in a low-performing school by providing the individual with notice of specific performance areas that have substantial deficiencies and a set of strategies, including the specific support to be provided to the individual, so that the individual, within a reasonable period of time, should satisfactorily resolve those deficiencies.
(b) If a licensed employee in a low-performing school receives a rating on any standard on an evaluation that is below "Proficient" or otherwise represents unsatisfactory or below standard performance in an area that the licensed employee was expected to demonstrate, the individual or team that conducted the evaluation shall recommend to the superintendent that:
(i) The employee receive a mandatory improvement plan designed to improve the employee's performance; or
(ii) The superintendent recommend to the local school board that the employee be dismissed or demoted.
If the individual or team that conducted the evaluation elects not to make either of the above recommendations, the evaluating individual or team shall notify the superintendent of this decision. The superintendent shall determine whether to develop a mandatory improvement plan or to recommend a dismissal proceeding.
(c) If at any time a licensed employee engages in inappropriate conduct or performs inadequately to such a degree that the conduct or performance causes substantial harm to the educational environment, and immediate dismissal or demotion is not appropriate, then the principal may immediately institute a mandatory improvement plan regardless of any ratings on previous evaluations. The principal shall document the exigent reason for immediately instituting the plan.
(d) Mandatory improvement plans shall be developed by the person who evaluated the licensed employee or the employee's supervisor unless the evaluation was conducted by an assistance team. If the evaluation was conducted by an assistance team, that team shall develop the mandatory improvement plan in collaboration with the employee's supervisor. Mandatory improvement plans shall be designed to be completed within ninety (90) instructional days or before the beginning of the next school year. The State Board of Education shall develop guidelines that include strategies to assist local school boards in evaluating licensed employees and developing effective mandatory improvement plans within the time allotted under this section. Local school boards may adopt policies for the development and implementation of mandatory improvement plans and policies for the implementation of monitored and directed growth plans.
(3) After the expiration of the time period for the mandatory improvement plan under subsection (2)(b) of this section, the superintendent, the superintendent's designee or the assistance team shall assess the performance of the employee of the low-performing school a second time. If the superintendent, superintendent's designee or assistance team determines that the employee has failed to become "Proficient" in any of the performance standards articulated in the mandatory improvement plan or demonstrate sufficient improvement toward those standards, the superintendent shall recommend that the employee be dismissed or demoted under Section 37-9-59. The results of the second assessment shall constitute substantial evidence of the employee's inadequate performance.
(4) If a local school board dismisses an employee of a low-performing school for any reason except a reduction in force, it shall notify the State Board of Education of the action, and the board annually shall provide to all local school boards the names of those individuals. If a local school board hires one (1) of these individuals, within sixty (60) days the superintendent or the superintendent's designee shall observe the employee, develop a mandatory improvement plan to assist the employee, and submit the plan to the board. The board shall review the mandatory improvement plan and may provide comments and suggestions to the superintendent. If on the next evaluation the employee receives a rating on any standard that was identified as an area of concern on the mandatory improvement plan that is again below proficient or otherwise represents unsatisfactory or below standard performance, the local school board shall notify the board and the board shall initiate a proceeding to revoke the employee's license under Section 37-3-2. If on this next evaluation the employee receives at least a "Proficient" rating on all of the performance standards that were identified as areas of concern on the mandatory improvement plan, the local school board shall notify the board that the employee is in good standing and the board shall not continue to provide the individual's name to local school boards under this subsection unless the employee is subsequently dismissed under Section 37-9-59, except for a reduction in force.
(5) There shall be no liability for negligence on the part of the State Board of Education or a local school board, or their employees, arising from any action taken or omission by any of them in carrying out the provisions of this section. The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this subsection shall be deemed to have been waived to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Chapter 46, Title 11, Mississippi Code of 1972.
(6) Each year the local school board shall evaluate the superintendent employed by the local school district, as required under Section 37-7-301, and report to the State Board of Education the results of that evaluation if during that year the board designated by the superintendent as low-performing:
(a) One (1) or more schools in a local school district that has no more than ten (10) schools.
(b) Two (2) or more schools in a local school district that has no more than twenty (20) schools.
(c) Three (3) or more schools in a local school district that has more than twenty (20) schools.
SECTION 4. (1) All teachers who are assigned to schools that are not designated as low-performing and who have not attained career status shall be observed at least three (3) times annually by the principal or the principal's designee and at least once annually by a teacher and shall be evaluated at least once annually by a principal. All teachers with career status who are assigned to schools that are not designated as low-performing shall be evaluated annually unless a local school board adopts rules that allow teachers with career status to be evaluated more or less frequently, provided that such rules are not inconsistent with state or federal requirements. Local school boards also may adopt rules requiring the annual evaluation of nonlicensed employees. A local school board shall use the performance standards and criteria adopted by the State Board of Education and may adopt additional evaluation criteria and standards. All other provisions of this section shall apply if a local school board uses an evaluation other than one adopted by the board.
(2) (a) If, in an observation report or year-end evaluation, a teacher receives a rating that is below proficient or otherwise represents unsatisfactory or below standard performance on any standard that the teacher was expected to demonstrate, the principal may place the teacher on a mandatory improvement plan as defined in Section 3(2)(a) of this act. The mandatory improvement plan shall be utilized only if the superintendent or superintendent's designee determines that an individual, monitored, or directed growth plan will not satisfactorily address the deficiencies.
(b) If at any time a teacher engages in inappropriate conduct or performs inadequately to such a degree that such conduct or performance causes substantial harm to the educational environment, and immediate dismissal or demotion is not appropriate, then the principal may immediately institute a mandatory improvement plan regardless of any ratings on previous evaluations. The principal shall document the exigent reason for immediately instituting such a plan. The mandatory improvement plan shall be developed by the principal in consultation with the teacher. The teacher shall have five (5) instructional days from receipt of the proposed mandatory improvement plan to request a modification of such plan before it is implemented, and the principal shall consider such suggested modifications before finalizing the plan. The teacher shall have at least sixty (60) instructional days to complete the mandatory improvement plan. The State Board of Education shall develop guidelines that include strategies to assist local school boards in evaluating teachers and developing effective mandatory improvement plans. Local school boards may adopt policies for the implementation of mandatory improvement plans under this section.
(3) (a) The term "qualified observer" as used in this section is any administrator or teacher who is licensed by the State Board of Education and working in Mississippi; any employee of the State Department of Education who is trained in evaluating licensed employees; or any instructor or professor who teaches in an accredited Mississippi school of education and holds an educator's license.
(b) The local school board shall create a list of qualified observers who are employed by that board and available to do observations of employees on mandatory improvement plans. This list shall be limited to names of administrators and teachers selected by the local school board. The local school board shall strive to select administrators and teachers with excellent reputations for competence and fairness.
(c) Any teacher, other than a teacher assigned to a school designated as low-performing, who has been placed on a mandatory improvement plan shall have a right to be observed by a qualified observer in the area or areas of concern identified in the mandatory improvement plan. The affected teacher and the principal shall jointly choose the qualified observer within twenty (20) instructional days after the commencement of the mandatory improvement plan. If the teacher and the principal cannot agree on a qualified observer within this time period, they each shall designate a person from the list of qualified observers created under paragraph (b) of this subsection, and these two (2) designated persons shall choose a qualified observer within five (5) instructional days of their designation. The qualified observer shall draft a written report assessing the teacher in the areas of concern identified in the mandatory improvement plan. The report shall be submitted to the principal before the end of the mandatory improvement plan period. If a teacher or administrator from the same local school district is selected to serve as the qualified observer, the administration of the local school district shall provide such qualified observer with the time necessary to conduct the observation and prepare a report. If someone who is not employed by the same local school district is selected to serve as the qualified observer, the teacher who is the subject of the mandatory improvement plan will be responsible for any expenses related to the observations and reports prepared by the qualified observer. The qualified observer shall not unduly disrupt the classroom when conducting an observation.
(d) No local school board or employee of a local school board shall discharge, threaten, or otherwise retaliate against another employee of the board regarding that employee's compensation, terms, conditions, location or privileges of employment because of the employee's service or completion of a report as an objective observer under this subsection, unless the employee's report contained material information that the employee knew was false.
(4) Upon completion of a mandatory improvement plan under subsection (2) of this section, the principal shall assess the performance of the teacher a second time. The principal shall also review and consider any report provided by the qualified observer under subsection (3) of this section if one has been submitted before the end of the mandatory improvement plan period. If, after the second assessment of the teacher and consideration of any report from the qualified observer, the superintendent or superintendent's designee determines that the teacher has failed to become proficient in any of the performance standards identified as deficient in the mandatory improvement plan or demonstrate sufficient improvement toward such standards, the superintendent may recommend that the teacher be dismissed or demoted under Section 37-9-59. The results of the second assessment produced pursuant to the terms of this subsection shall constitute substantial evidence of the teacher's inadequate performance.
(5) The absence of a mandatory improvement plan as described in this section shall not prohibit a superintendent from initiating a dismissal proceeding against a teacher under the provisions of Sections 37-9-59 and 37-9-111. However, the superintendent shall not be entitled to the substantial evidence provision in subsection (4) of this section if the mandatory improvement plan is not utilized.
(6) If a local school board dismisses a teacher for any reason except a reduction in force, it shall notify the State Board of Education of the action, and the board annually shall provide to all local school boards the names of those teachers. If a local school board hires one of these teachers, within sixty (60) days the superintendent or the superintendent's designee shall observe the teacher, develop a mandatory improvement plan to assist the teacher, and submit the plan to the board. The board shall review the mandatory improvement plan and may provide comments and suggestions to the superintendent. If on the next evaluation the teacher receives a rating on any standard that was an area of concern on the mandatory improvement plan that is again below "Proficient" or a rating that otherwise represents unsatisfactory or below standard performance, the local school board shall notify the State Board of Education, and the State Board of Education shall initiate a proceeding to revoke the teacher's license under Section 37-3-2. If on the next evaluation the teacher receives at least a "Proficient" rating on all of the overall performance standards that were areas of concern on the mandatory improvement plan, the local school board shall notify the State Board of Education that the teacher is in good standing, and the board shall not continue to provide the teacher's name to local school boards under this subsection unless the teacher is subsequently dismissed under Section 37-9-59, except for a reduction in force. If, however, on this next evaluation the teacher receives a "Developing" rating on any standards that were areas of concern on the mandatory improvement plan, the teacher shall have one (1) more year to bring the rating to "Proficient." If, by the end of the second year, the teacher is not "Proficient" in all standards that were areas of concern on the mandatory improvement plan, the local school board shall notify the board, and the board shall initiate a proceeding to revoke the teacher's license under Section 37-3-2.
(7) There shall be no liability for negligence on the part of the State Board of Education or a local school board, or their employees, arising from any action taken or omission by any of them in carrying out the provisions of this section. The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this subsection shall be deemed to have been waived to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Chapter 46, Title 11, Mississippi Code of 1972.
SECTION 5. (1) The State Board of Education shall develop guidelines for local school boards to use to create assessment teams. A local school board shall assign an assessment team to every low-performing school in the local school district. Local school boards shall ensure that assessment team members are trained in the proper administration of the employee evaluation used by the local school district. If service on an assessment team is an additional duty for an employee of a local school board, the board may pay the employee for that additional work.
(2) Assessment teams shall have the following duties:
(a) Conduct evaluations of licensed employees in low-performing schools;
(b) Provide technical assistance and training to principals, assistant principals, superintendents, and superintendents' designees who conduct evaluations of licensed employees;
(c) Develop mandatory improvement plans for licensed employees; and
(d) Assist principals, assistant principals, superintendents, and superintendents' designees in the development and implementation of mandatory improvement plans.
SECTION 6. (1) The State Board of Education, in consultation with local school boards of education, shall revise and develop uniform performance standards and criteria to be used in evaluating certified public school employees, including school administrators. These standards and criteria shall include improving student achievement, employee skills, and employee knowledge. The standards and criteria for school administrators also shall include building-level gains in student learning and effectiveness in providing for school safety and enforcing student discipline. The board shall develop rules regarding the use of these standards and criteria. The board also shall develop guidelines for evaluating superintendents. The guidelines shall include criteria for evaluating a superintendent's effectiveness in providing safe schools and enforcing student discipline.
(2) The board, in collaboration with the Board of Trustees of State Institutions of Higher Learning, shall develop programs designed to train principals and superintendents in the proper administration of the employee evaluations developed by the board. The board shall use the professional development programs for public school employees that are under its authority to make this training available to all principals and superintendents at locations that are geographically convenient to local school districts. The programs shall include methods to determine whether an employee's performance has improved student learning, the development and implementation of appropriate professional growth and mandatory improvement plans, the process for contract nonrenewal, and the dismissal process under Section 37-9-59. The Board of Trustees of State Institutions of Higher Learning shall ensure that the subject matter of the training programs is incorporated into the Master's in school administration programs offered by the constituent institutions. The board, in collaboration with the Board of Trustees of State Institutions of Higher Learning, also shall develop in-service programs for licensed public school employees that may be included in a mandatory improvement plan created under Section 3(2) or Section 4(2) of this act. The board shall use the professional development programs for public school employees that are under its authority to make this training available at locations that are geographically convenient to local school districts.
SECTION 7. After all observations have been completed, teacher performance shall be noted as follows:
(a) "Developing": Teacher demonstrated adequate growth toward achieving standards during the period of performance, but did not demonstrate competence on standards of performance. The "Developing" teacher may exemplify the skills expected of a teacher who is new to the profession or an experienced teacher who is working in a new content area or grade level, or who needs a new skill in order to meet the standard;
(b) "Proficient": Teacher demonstrated basic competence on standards of performance. A "Proficient" teacher must exhibit the skills and knowledge described under the "Developing" header as well as those under "Proficient";
` (c) "Accomplished": Teacher exceeded basic competence on standards of performance most of the time;
(d) "Distinguished": Teacher consistently and significantly exceeded basic competence on standards of performance; and
(e) "Not Demonstrated": Teacher did not demonstrate competence on or adequate growth toward achieving standards of performance. The "Not Demonstrated" rating should be used when the teacher is performing below expectations and is not making adequate growth toward becoming "Proficient" on the element. This rating also shall be used when the principal is not able to check any of the descriptors for the element being rated. If a teacher is rated as "Not Demonstrated," then a comment must be made as to why.
SECTION 8. Section 37-9-59, Mississippi Code of 1972, is brought forward as follows:
37-9-59. For incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil or other good cause the superintendent of schools may dismiss or suspend any licensed employee in any school district. Before being so dismissed or suspended any licensed employee shall be notified of the charges against him and he shall be advised that he is entitled to a public hearing upon said charges. Provided, however, that a school superintendent whose employment has been terminated under this section shall not have the right to request a hearing before the school board or a hearing officer. In the event the continued presence of said employee on school premises poses a potential threat or danger to the health, safety or general welfare of the students, or, in the discretion of the superintendent, may interfere with or cause a disruption of normal school operations, the superintendent may immediately release said employee of all duties pending a hearing if one is requested by the employee. In the event a licensed employee is arrested, indicted or otherwise charged with a felony by a recognized law enforcement official, the continued presence of the licensed employee on school premises shall be deemed to constitute a disruption of normal school operations. The school board, upon a request for a hearing by the person so suspended or removed shall set a date, time and place for such hearing which shall be not sooner than five (5) days nor later than thirty (30) days from the date of the request. The procedure for such hearing shall be as prescribed for hearings before the board or hearing officer in Section 37-9-111. From the decision made at said hearing, any licensed employee shall be allowed an appeal to the chancery court in the same manner as appeals are authorized in Section 37-9-113. Any party aggrieved by action of the chancery court may appeal to the Mississippi Supreme Court as provided by law. In the event that a licensed employee is immediately relieved of duties pending a hearing, as provided in this section, said employee shall be entitled to compensation for a period up to and including the date that the initial hearing is set by the school board, in the event that there is a request for such a hearing by the employee. In the event that an employee does not request a hearing within five (5) calendar days of the date of the notice of discharge or suspension, it shall constitute a waiver of all rights by said employee and such discharge or suspension shall be effective on the date set out in the notice to the employee.
The school board of every school district in this state is hereby prohibited from denying employment or reemployment to any person as a superintendent, principal or licensed employee, as defined in Section 37-19-1, or as a noninstructional personnel, as defined in Section 37-9-1, for the single reason that any eligible child of such person does not attend the school system in which such superintendent, principal, licensed employee or noninstructional personnel is employed.
SECTION 9. Section 37-9-111, Mississippi Code of 1972, is brought forward as follows:
37-9-111. (1) The school board, or its designee, upon request for a hearing from an employee under the terms of Sections 37-9-101 through 37-9-113, shall set the time, place and date of such hearing and notify the employee in writing of same. The date shall be set not sooner than five (5) days nor later than thirty (30) days from the date of the request, unless otherwise agreed. The hearing may be held before the board or before a hearing officer appointed for such purpose by the board, either from among its own membership, from the staff of the school district or some other qualified and impartial person, but in no event shall the hearing officer be the staff member responsible for the initial recommendation of nonreemployment. No hearing officer may have an interest in the outcome of a hearing, nor may a hearing officer be related to a board member, any administrator making the recommendations of nonreemployment or the employee. Once a hearing officer is appointed, no ex parte communications may be made regarding any substantive provisions of the hearing.
(2) The hearing must be held in executive session unless the employee elects to have a public hearing. If an employee makes this election, however, the board or the hearing officer, as the case may be, may order any part of the hearing to be held in executive session, if, in the opinion of the board or the hearing officer, the testimony to be elicited deals with matters involving the reputation or character of another person. Notwithstanding the election by an employee for a public hearing, any testimony by minor witnesses must be held in executive session and considered confidential personnel records and confidential student records, subject to an expectation of reasonable privacy and confidentiality. Public disclosure of these records may be by court order only.
(3) The district shall present evidence, either in written or oral form, at the hearing in support of its recommendation for nonreemployment.
The employee shall be afforded an opportunity to present matters at the hearing relevant to the reasons given for the proposed nonreemployment determination and to the reasons the employee alleges to be the reasons for nonreemployment and to be represented by counsel at such a hearing. Such hearing shall be conducted in such a manner as to afford the parties a fair and reasonable opportunity to present witnesses and other evidence pertinent to the issues and to cross-examine witnesses presented at the hearing. The board or the hearing officer may require any portion of the evidence to be submitted in the form of depositions or affidavits, and in case affidavits are received, an opportunity to present counter-affidavits shall be provided.
(4) The board shall cause to be made stenographic notes of the proceedings. In the event of a judicial appeal of the board's decision, the entire expense of the transcript and notes shall be assessed as court costs.
(5) The board shall review the matters presented before it, or, if the hearing is conducted by a hearing officer, the report of the hearing officer, if any, the record of the proceedings and, based solely thereon, conclude whether the proposed nonreemployment is a proper employment decision, is based upon a valid educational reason or noncompliance with school district personnel policies and is based solely upon the evidence presented at the hearing, and shall notify the employee in writing of its final decision and reasons therefor. Such notification shall be within thirty (30) days of the conclusion of the hearing if the hearing is conducted by a hearing officer and within ten (10) days of the conclusion of the hearing if the hearing is initially conducted by the board. If the matter is heard before a hearing officer, the board shall also grant the employee the opportunity to appear before the board to present a statement in his own behalf, either in person or by his attorney, prior to a final decision by the board.
(6) In conducting a hearing, the board or hearing officer shall not be bound by common law or by statutory rules of evidence or by technical or formal rules of procedure except as provided in Sections 37-9-101 through 37-9-113, but may conduct such hearing in such manner as best to ascertain the rights of the parties; however, hearsay evidence, if admitted, shall not be the sole basis for the determination of facts by the board or hearing officer.
(7) In the event the decision of the school board is in favor of the employee, the board shall have the authority to order the execution of a contract with the employee for an additional period of one (1) year.
(8) For purposes of conducting hearings under Sections 37-9-101 through 37-9-113, the board or hearing officer shall have the authority to issue subpoenas for witnesses and to compel their attendance and the giving of evidence. Any expense connected therewith shall be borne by the party requesting the subpoenas, which shall include an appearance fee for each witness so subpoenaed not inconsistent with state laws governing payments to witnesses. In the event it is necessary to enforce or to quash a subpoena issued to compel the attendance of a witness, application shall be made with the chancery court of the county where the school board is located.
(9) This section shall not be applicable to a superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board.
SECTION 10. Section 37-3-2, Mississippi Code of 1972, is brought forward as follows:
37-3-2. (1) There is established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.
(2) The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed, three (3) from each congressional district: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the State Board for Community and Junior Colleges; one (1) local school board member; and four (4) laypersons. All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.
(3) The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
(4) (a) An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.
(b) An Office of Educator Misconduct Evaluations shall be established within the State Department of Education to assist the commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of Section 37-3-2(11), (12), (13), (14) and (15), Mississippi Code of 1972, and violations of the Mississippi Educator Code of Ethics.
(5) It shall be the duty of the commission to:
(a) Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;
(b) Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state, subject to a process and schedule determined by the State Board of Education;
(c) Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;
(d) Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;
(e) Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;
(f) Review all existing requirements for certification and licensure;
(g) Consult with groups whose work may be affected by the commission's decisions;
(h) Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;
(i) Hold hearings concerning standards for teachers' and administrators' education and certification and licensure with approval of the State Board of Education;
(j) Hire expert consultants with approval of the State Board of Education;
(k) Set up ad hoc committees to advise on specific areas; and
(l) Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.
(6) (a) Standard License - Approved Program Route. An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:
(i) An application on a department form;
(ii) An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi prekindergarten through kindergarten classrooms shall require completion of a teacher education program or a bachelor of science degree with child development emphasis from a program accredited by the American Association of Family and Consumer Sciences (AAFCS) or by the National Association for Education of Young Children (NAEYC) or by the National Council for Accreditation of Teacher Education (NCATE). Licensure to teach in Mississippi kindergarten, for those applicants who have completed a teacher education program, and in Grade 1 through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person's college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC) or, for those applicants who have a bachelor of science degree with child development emphasis, the American Association of Family and Consumer Sciences (AAFCS);
(iii) A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service's teacher testing examinations; and
(iv) Any other document required by the State Board of Education.
(b) Standard License - Nontraditional Teaching Route. Beginning January 1, 2004, an individual who has a passing score on the Praxis I Basic Skills and Praxis II Specialty Area Test in the requested area of endorsement may apply for the Teach Mississippi Institute (TMI) program to teach students in Grades 7 through 12 if the individual meets the requirements of this paragraph (b). The State Board of Education shall adopt rules requiring that teacher preparation institutions which provide the Teach Mississippi Institute (TMI) program for the preparation of nontraditional teachers shall meet the standards and comply with the provisions of this paragraph.
(i) The Teach Mississippi Institute (TMI) shall include an intensive eight-week, nine-semester-hour summer program or a curriculum of study in which the student matriculates in the fall or spring semester, which shall include, but not be limited to, instruction in education, effective teaching strategies, classroom management, state curriculum requirements, planning and instruction, instructional methods and pedagogy, using test results to improve instruction, and a one (1) semester three-hour supervised internship to be completed while the teacher is employed as a full-time teacher intern in a local school district. The TMI shall be implemented on a pilot program basis, with courses to be offered at up to four (4) locations in the state, with one (1) TMI site to be located in each of the three (3) Mississippi Supreme Court districts.
(ii) The school sponsoring the teacher intern shall enter into a written agreement with the institution providing the Teach Mississippi Institute (TMI) program, under terms and conditions as agreed upon by the contracting parties, providing that the school district shall provide teacher interns seeking a nontraditional provisional teaching license with a one-year classroom teaching experience. The teacher intern shall successfully complete the one (1) semester three-hour intensive internship in the school district during the semester immediately following successful completion of the TMI and prior to the end of the one-year classroom teaching experience.
(iii) Upon completion of the nine-semester-hour TMI or the fall or spring semester option, the individual shall submit his transcript to the commission for provisional licensure of the intern teacher, and the intern teacher shall be issued a provisional teaching license by the commission, which will allow the individual to legally serve as a teacher while the person completes a nontraditional teacher preparation internship program.
(iv) During the semester of internship in the school district, the teacher preparation institution shall monitor the performance of the intern teacher. The school district that employs the provisional teacher shall supervise the provisional teacher during the teacher's intern year of employment under a nontraditional provisional license, and shall, in consultation with the teacher intern's mentor at the school district of employment, submit to the commission a comprehensive evaluation of the teacher's performance sixty (60) days prior to the expiration of the nontraditional provisional license. If the comprehensive evaluation establishes that the provisional teacher intern's performance fails to meet the standards of the approved nontraditional teacher preparation internship program, the individual shall not be approved for a standard license.
(v) An individual issued a provisional teaching license under this nontraditional route shall successfully complete, at a minimum, a one-year beginning teacher mentoring and induction program administered by the employing school district with the assistance of the State Department of Education.
(vi) Upon successful completion of the TMI and the internship provisional license period, applicants for a Standard License - Nontraditional Route shall submit to the commission a transcript of successful completion of the twelve (12) semester hours required in the internship program, and the employing school district shall submit to the commission a recommendation for standard licensure of the intern. If the school district recommends licensure, the applicant shall be issued a Standard License - Nontraditional Route which shall be valid for a five-year period and be renewable.
(vii) At the discretion of the teacher preparation institution, the individual shall be allowed to credit the twelve (12) semester hours earned in the nontraditional teacher internship program toward the graduate hours required for a Master of Arts in Teacher (MAT) Degree.
(viii) The local school district in which the nontraditional teacher intern or provisional licensee is employed shall compensate such teacher interns at Step 1 of the required salary level during the period of time such individual is completing teacher internship requirements and shall compensate such Standard License - Nontraditional Route teachers at Step 3 of the required salary level when they complete license requirements.
Implementation of the TMI program provided for under this paragraph (b) shall be contingent upon the availability of funds appropriated specifically for such purpose by the Legislature. Such implementation of the TMI program may not be deemed to prohibit the State Board of Education from developing and implementing additional alternative route teacher licensure programs, as deemed appropriate by the board. The emergency certification program in effect prior to July 1, 2002, shall remain in effect.
A Standard License - Approved Program Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License - Approved Program Route or Standard License - Nontraditional Teaching Route over persons holding any other license.
(c) Special License - Expert Citizen. In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A Special License - Expert Citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.
(d) Special License - Nonrenewable. The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in subsection (6)(a), (b) or (c) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.
(e) Nonlicensed Teaching Personnel. A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire nonlicensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.
(f) Special License - Transitional Bilingual Education. Beginning July 1, 2003, the commission shall grant special licenses to teachers of transitional bilingual education who possess such qualifications as are prescribed in this section. Teachers of transitional bilingual education shall be compensated by local school boards at not less than one (1) step on the regular salary schedule applicable to permanent teachers licensed under this section. The commission shall grant special licenses to teachers of transitional bilingual education who present the commission with satisfactory evidence that they (i) possess a speaking and reading ability in a language, other than English, in which bilingual education is offered and communicative skills in English; (ii) are in good health and sound moral character; (iii) possess a bachelor's degree or an associate's degree in teacher education from an accredited institution of higher education; (iv) meet such requirements as to courses of study, semester hours therein, experience and training as may be required by the commission; and (v) are legally present in the United States and possess legal authorization for employment. A teacher of transitional bilingual education serving under a special license shall be under an exemption from standard licensure if he achieves the requisite qualifications therefor. Two (2) years of service by a teacher of transitional bilingual education under such an exemption shall be credited to the teacher in acquiring a Standard Educator License. Nothing in this paragraph shall be deemed to prohibit a local school board from employing a teacher licensed in an appropriate field as approved by the State Department of Education to teach in a program in transitional bilingual education.
(g) In the event any school district meets the highest accreditation standards as defined by the State Board of Education in the accountability system, the State Board of Education, in its discretion, may exempt such school district from any restrictions in paragraph (e) relating to the employment of nonlicensed teaching personnel.
(h) Highly Qualified Teachers. Beginning July 1, 2006, any teacher from any state meeting the federal definition of highly qualified, as described in the No Child Left Behind Act, must be granted a standard five-year license by the State Department of Education.
(7) Administrator License. The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.
(a) Administrator License - Nonpracticing. Those educators holding administrative endorsement but having no administrative experience or not serving in an administrative position on January 15, 1997.
(b) Administrator License - Entry Level. Those educators holding administrative endorsement and having met the department's qualifications to be eligible for employment in a Mississippi school district. Administrator License - Entry Level shall be issued for a five-year period and shall be nonrenewable.
(c) Standard Administrator License - Career Level. An administrator who has met all the requirements of the department for standard administrator licensure.
(d) Administrator License - Nontraditional Route. The board may establish a nontraditional route for licensing administrative personnel. Such nontraditional route for administrative licensure shall be available for persons holding, but not limited to, a master of business administration degree, a master of public administration degree, a master of public planning and policy degree or a doctor of jurisprudence degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.
Individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. All applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.
(8) Reciprocity. (a) The department shall grant a standard license to any individual who possesses a valid standard license from another state and meets minimum Mississippi license requirements or equivalent requirements as determined by the State Board of Education.
(b) The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.
(9) Renewal and Reinstatement of Licenses. The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard license held by an educator shall be extended five (5) years beyond the expiration date of the license in order to afford the educator adequate time to fulfill new renewal requirements established pursuant to this subsection. An educator completing a master of education, educational specialist or doctor of education degree in May 1997 for the purpose of upgrading the educator's license to a higher class shall be given this extension of five (5) years plus five (5) additional years for completion of a higher degree.
(10) All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission of Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission or its subcommittee shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the committee or its subcommittee. An appeal to the State Board of Education shall be on the record previously made before the commission or its subcommittee unless otherwise provided by rules and regulations adopted by the board. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the committee or its subcommittee. The decision of the State Board of Education shall be final.
(11) The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:
(a) Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;
(b) The applicant has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;
(c) The applicant is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect, at the time of application for a license;
(d) Revocation or suspension of an applicant's certificate or license by another state;
(e) Fraud or deceit committed by the applicant in securing or attempting to secure such certification and license;
(f) Failing or refusing to furnish reasonable evidence of identification;
(g) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law; or
(h) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law.
(12) The State Board of Education, acting on the recommendation of the commission, may revoke or suspend any teacher or administrator license for specified periods of time for one or more of the following:
(a) Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57;
(b) Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;
(c) Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;
(d) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law;
(e) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense, as defined by federal or state law;
(f) The license holder knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1);
(g) The license holder has engaged in unethical conduct relating to an educator/student relationship as identified by the State Board of Education in its rules;
(h) The license holder has fondled a student as described in Section 97-5-23, or had any type of sexual involvement with a student as described in Section 97-3-95; or
(i) The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24.
(13) (a) Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59 may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.
(b) Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.
(c) A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may only be reinstated by a majority vote of all members of the commission present at the meeting called for such purpose.
(14) A person whose license has been suspended on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of suspension, or after one-half (1/2) of the suspended time has lapsed, whichever is greater. A license suspended or revoked on the criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked, suspended or surrendered license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner's rehabilitation and fitness to perform the duties authorized by the license.
(15) Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.
(16) An appeal from the action of the State Board of Education in denying an application, revoking or suspending a license or otherwise disciplining any person under the provisions of this section shall be filed in the Chancery Court of the First Judicial District of Hinds County on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in chancery court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and the filing of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the chancery court, the applicant or license holder shall pay the costs of the appeal and the action of the chancery court.
(17) All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.
(18) The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public schools of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.
(19) In addition to the reasons specified in subsections (12) and (13) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 11. This act shall take effect and be in force from and after July 1, 2013.
