Bill Text: MS HB464 | 2010 | Regular Session | Introduced
Bill Title: Charter schools; establish process for establishing open enrollment and conversion.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2010-02-02 - Died In Committee [HB464 Detail]
Download: Mississippi-2010-HB464-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Representative Espy
House Bill 464
AN ACT TO REENACT SECTIONS 37-28-1 THROUGH 37-28-19, MISSISSIPPI CODE OF 1972, WHICH WERE THE LAWS RELATING TO THE ESTABLISHMENT AND OPERATION OF CHARTER SCHOOLS, AND WHICH WERE REPEALED BY OPERATION OF LAW ON JULY 1, 2009; TO CODIFY NEW SECTION 37-28-4, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CHARTER SCHOOLS TO BE CREATED BY CONVERTING AN EXISTING PUBLIC SCHOOL TO CHARTER STATUS OR BY ESTABLISHING A NEW OPEN ENROLLMENT CHARTER SCHOOL; TO CODIFY NEW SECTION 37-28-6, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE REQUIREMENTS FOR A PETITION REQUESTING A CHARTER FOR AN OPEN ENROLLMENT CHARTER SCHOOL; TO CODIFY NEW SECTION 37-28-10, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN REQUIREMENTS FOR THE TERMS OF A CHARTER FOR AN OPEN ENROLLMENT CHARTER SCHOOL; TO CODIFY NEW SECTION 37-28-10.1, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE POWERS AND DUTIES OF OPEN ENROLLMENT CHARTER SCHOOLS; TO CODIFY NEW SECTION 37-28-14, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ANNUALLY EVALUATE EACH OPEN ENROLLMENT CHARTER SCHOOL AND TO AUTHORIZE THE BOARD TO PLACE A SCHOOL ON PROBATION OR REVOKE ITS CHARTER FOR CERTAIN REASONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-28-1, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-1. It is the intent of the Legislature that this chapter provide a means by which parents, teachers, community members and local public schools may choose to substitute a binding academic or vocational, or both, performance-based contract approved by the State Board of Education and when applicable, the school board of the school district in which the school is located, called a "charter," for rules, regulations, policies and procedures of the State Board of Education and the local school district and, except as otherwise provided, the provisions of Title 37 of the Mississippi Code of 1972 that are applicable to schools and school districts and their employees and students.
SECTION 2. Section 37-28-3, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-3. For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed in this section unless the context clearly indicates otherwise:
(a) "Applicant" means a local public school or the person, group of persons, organization, institution or entity submitting a petition to the State Board of Education requesting charter school status as either a conversion school or an open enrollment charter school.
(b) "Charter" means an academic or vocational, or both, performance-based contract that exempts a charter school from rules, regulations, policies and procedures of the State Board of Education and when applicable, the local school district and, except as otherwise provided, the provisions of Title 37 of the Mississippi Code of 1972 that are applicable to schools and school districts and their employees and students.
(c) "Charter school" means a public school that is operating under the terms of a charter granted by the State Board of Education.
(d) "Conversion school" means an existing public school that has been converted to charter school status.
(e) "Local school" means a public school in Mississippi that is under the management and control of the school board of the school district in which the school is located.
(f) "Open enrollment charter school" means a public school that is operating under the terms of a charter granted by the State Board of Education on the application of a person, group of persons, organization, institution or entity and that may draw its students from across public school district boundaries.
(g) "Parent" means any parent, legal guardian or other person having custody or charge of a compulsory-school-age child.
(h) "Petition" means a proposal to enter into an academic or vocational, or both, performance-based contract between the State Board of Education and a local school or a person, group of persons, organization, institution or entity by which the local school or a proposed school obtains charter school status.
SECTION 3. The following shall be codified as Section 37-28-4, Mississippi Code of 1972:
37-28-4. A charter school in Mississippi may be formed in one (1) of the following manners:
(a) By the conversion of an existing school to charter status, the process of which may be initiated upon the filing of a petition by a local school under Section 37-28-5; or
(b) By the approval of a petition for a new, open enrollment charter school submitted by any person, group of persons, organization, institution or entity under Section 37-28-6.
SECTION 4. Section 37-28-5, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-5. Any local school may submit a petition to the State Board of Education requesting charter school status as a conversion school. The petition must:
(a) Be approved by the school board of the school district in which the local school is located;
(b) Be agreed to freely by a majority of the faculty and instructional staff members, by secret ballot, at the local school initiating the petition;
(c) Be agreed to by a majority of the parents of students enrolled in the local school who are present at a meeting called for the specific purpose of deciding whether or not to initiate the petition;
(d) Describe a plan for school improvement which addresses how the conversion school proposes to work toward improving student learning and meeting state education goals;
(e) Outline proposed academic or vocational, or both, performance criteria that will be used during the initial period of the charter to measure progress of the conversion school in improving student learning and in meeting state education goals;
(f) Describe how the faculty, instructional staff and parents of students enrolled in the local school have been involved in developing the petition and will be involved in developing and implementing the improvement plan and identifying academic or vocational, or both, performance criteria; and
(g) Describe how the concerns of faculty, instructional staff and parents of students enrolled in the conversion school will be solicited and addressed in evaluating the effectiveness of the improvement plan.
SECTION 5. The following shall be codified as Section 37-28-6, Mississippi Code of 1972:
37-28-6. (1) Except as otherwise provided in subsection (5) of this section, a person, group of persons, organization, institution or entity may submit a petition to the State Board of Education requesting a charter to operate an open enrollment charter school.
(2) The State Board of Education shall adopt a petition form, schedule and procedure that must be used by applicants applying for a charter for an open enrollment charter school.
(3) A petition to the State Board of Education for an open enrollment charter school must be made in accordance with the schedule prescribed by the board. The petition also must:
(a) Describe the results of a public hearing called by the applicant for the specific purpose of assessing community support of the initiation of the petition for an open enrollment charter school. In order to satisfy this requirement, notice of the public hearing must have been published in a newspaper having a general circulation in the county in which the proposed open enrollment charter school is to be located no less than three (3) weeks before the date on which the hearing was held. As evidence of parental support for the school, the State Board of Education, in its discretion, also may require the applicant to submit a petition in support of the school signed by a specified number of parents of compulsory-school-age children residing in the proposed area of the school;
(b) Describe a plan for academic achievement that addresses how the open enrollment charter school proposes to improve student learning and meet state education goals;
(c) Outline the proposed performance criteria that will be used during the first three (3) years of the open enrollment charter school's operations to measure the school's progress in improving student learning and meeting or exceeding state education goals;
(d) Describe how the parents of students seeking to be enrolled in the open enrollment charter school and licensed employees of the school will be involved in developing and implementing the plan for academic achievement and identifying performance criteria;
(e) Describe how the concerns of parents of students seeking to be enrolled in the open enrollment charter school and licensed employees of the school will be solicited and addressed in evaluating the effectiveness of the academic achievement plan; and
(f) Include a detailed budget, business plan and governance plan for the operation of the open enrollment charter school.
(4) The State Board of Education shall approve or deny a petition for an open enrollment charter school based on criteria adopted by the board, which criteria must include provisions relating to improving student performance and encouraging innovative programs.
(5) Private and parochial elementary and secondary schools in existence on July 1, 2010, are not eligible for open enrollment charter school status.
(6) An applicant for an open enrollment charter school and the State Board of Education shall review carefully the potential impact of the proposed charter school on the efforts of the state and local school districts to comply with state and federal desegregation court orders and if applicable, statutes. Before November 1, 2010, the State Board of Education shall develop a process to measure the likely impact of the proposed open enrollment charter school on the efforts of the state and local school districts to maintain a desegregated public school system.
SECTION 6. Section 37-28-7, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-7. (1) The State Board of Education shall establish rules and regulations for the submission of petitions for charter school status and criteria and procedures for the operation of charter schools.
(2) Conversion schools. The board shall receive and review petitions for conversion charter school status from local public schools and may approve petitions and grant conversion charter school status, on a pilot program basis, to up to six (6) local schools throughout the state. One (1) local public school in each congressional district, as those districts existed on April 24, 1997, and at least one (1) local public school situated in the Delta region of the state shall be granted charter school status by the board, unless there are no petitions submitted from a particular congressional district or the Delta region, as the case may be, that are proper under the terms of this chapter and the rules and regulations established by the board under this section. At least three (3) local public schools that are granted charter school status shall be in school districts having an accreditation level of three (3) or below at the time the school submits its initial petition for charter school status unless there are no petitions submitted from those schools that are proper under the terms of this chapter and the rules and regulations established by the board.
(3) Open enrollment charter schools. The State Board of Education shall establish rules and regulations for the creation of open enrollment charter schools. The board shall receive and review petitions for open enrollment charter school status and may grant charters for up to twelve (12) open enrollment charter schools throughout the state. However, no more than three (3) open enrollment charter schools may be approved in any single congressional district, as those districts exist on July 1, 2010, unless there are no petitions submitted from a particular congressional district that are proper under the terms of this chapter and the rules and regulations established by the board. The board shall specify the criteria that will be used in selecting from among the proper petitions those that will be granted charter school status. In considering applications, the board shall give preference to an open enrollment charter school to be located in a school district where the percentage of students who qualify for free or reduced price lunches is above the state average or where the percentage of students not reading at grade level is above the state average.
(4) In order to be approved, a petition for charter school status, in the opinion of the State Board of Education, must adequately include:
(a) A plan for improvement at the school level that addresses the charter school's proposed means for improving student learning and for meeting state education goals;
(b) A set of academic or vocational, or both, performance-based objectives and criteria and student achievement-based objectives and criteria for the initial term of the charter and the means for measuring those objectives on no less than an annual basis;
(c) An agreement to provide a yearly report to parents, the community, the State Board of Education and, in the case of a conversion school, the school board of the school district in which the charter school is located, which report must indicate the progress made by the charter school in the previous year in meeting the academic or vocational, or both, performance objectives;
(d) A proposal to directly and substantially involve the parents of students enrolled in the school as well as the licensed employees and the broader community in the process of modifying the petition, if necessary for approval, and carrying out the terms of the charter; and
(e) In the case of an open enrollment charter school, a detailed budget, business plan and governance plan for the operation of the school.
(5) If the State Board of Education disapproves a petition for a charter school, the board shall notify the applicant in writing of the reasons for the disapproval. The State Board of Education may allow applicants to resubmit petitions for charter school status if the original petition, in the opinion of the board, is deficient in one or more respects. The State Department of Education may provide technical assistance to the applicants in the creation or modification of the petitions.
SECTION 7. Section 37-28-9, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-9. The terms of each charter for a conversion school shall include the following:
(a) A mechanism for declaring the charter null and void if a majority of the faculty, instructional staff of the school, and parents of students enrolled in the school who are present at a meeting called for the specific purpose of deciding whether or not to declare the charter null and void request the State Board of Education to withdraw the charter;
(b) A mechanism for declaring the charter null and void if, at any time, in the opinion of the State Board of Education, the school operating under charter status fails to fulfill the terms of the charter;
(c) Clear academic or vocational, or both, performance-based and student achievement-based objectives and the means to measure those objectives on no less than an annual basis;
(d) A mechanism for updating the terms of each charter, agreed to by all parties and subject to the approval of a majority of the faculty, instructional staff and parents of students enrolled in the school who are present at a meeting called for the specific purpose of updating the terms of the charter, based upon the yearly progress reports submitted to the State Board of Education by the charter school;
(e) A provision that the charter school shall not have any authority to request an ad valorem tax levy independent of that authority exercised by the school district in which the charter school is located;
(f) A provision that no person shall be denied admission to the charter school on the basis of race, color, creed or national origin;
(g) A provision to exempt the school from the rules, regulations, policies and procedures of the State Board of Education and the local school board and from the provisions of Title 37 of the Mississippi Code of 1972 that are not included in this act, unless the code sections are specifically made applicable to charter schools by the State Board of Education in the charter;
(h) A provision that the performance variables established by the State Board of Education, acting through the Commission on School Accreditation, in the performance-based accreditation system are fully applicable to the charter school; and
(i) A provision to exempt the charter school from process standards.
SECTION 8. The following shall be codified as Section 37-28-10, Mississippi Code of 1972:
37-28-10. (1) The terms of each charter for an open enrollment charter school must include the following:
(a) A description of the educational program to be offered in the school;
(b) A provision specifying the period for which the charter or any charter renewal is valid;
(c) A condition that continuation or renewal of the charter is contingent upon acceptable student performance on assessment instruments adopted by the State Board of Education and upon compliance with any accountability provision specified in the charter by a certain date or intervals specified in the charter;
(d) A statement of the level of student performance that is considered acceptable for purposes of paragraph (c) of this subsection;
(e) A description of the reasons, in addition to those reasons specified in this chapter, on which the open enrollment charter school may be placed on probation or have its charter revoked or on which renewal of the charter may be denied;
(f) A prohibition against discrimination on the basis of sex, national origin, race, ethnicity, religion, disability or academic or athletic ability in the open enrollment charter school's admissions policy; however, the charter may provide for the exclusion of any student who has been expelled from a public school district in this state;
(g) The grade levels in the open enrollment charter school and the maximum number of students that may be enrolled in the school;
(h) A description of the governing structure of the school;
(i) The minimum qualifications required for professional employees of the school;
(j) A description of the process by which the annual budget will be adopted;
(k) A description of the manner in which the annual audit of the financial and programmatic operations of the school is to be conducted, including the manner in which the school will provide any information, if necessary, to the public school district in which the open enrollment charter school is located;
(l) A description of the facilities to be used, including the terms of any facility utilization agreement if the facility for the open enrollment charter school is owned by or leased from a sectarian organization;
(m) A description of the geographical area, school district or school attendance area to be served by the school;
(n) Provisions specifying the methods by which prospective students may apply for admission, enrollment criteria and student recruitment and selection processes. The charter also must provide that if more eligible students apply for first-time admission than the charter school is able to accept, the school shall use a random, anonymous student selection method that is described in the charter;
(o) A provision requiring students to enroll in the charter school before April 15 of the school year immediately preceding the school year for which enrollment is sought. However, if a student enrolled before April 15 fails to attend the charter school, the school may enroll a replacement student before October 1 of that school year;
(p) A statement that the open enrollment charter school will comply with statutory and State Board of Education requirements relating to keeping records of attendance and the submission of attendance reports to the State Department of Education; and
(q) A statement that the applicant will not discriminate on the basis of race, sex, national origin, ethnicity, religion, age or disability in employment decisions, including hiring and retention of administrators, teachers and other employees whose salaries or benefits are derived from any public monies.
(2) The charter for an open enrollment charter school must be in the form of a written contract, signed by the chair of the State Board of Education or in the chair's discretion, the State Superintendent of Public Education, and the chief operating officer of the school. The charter must satisfy all requirements under this chapter that are applicable to open enrollment charter schools.
(3) Any revision of the charter for an open enrollment charter school may be made only with the approval of the State Board of Education.
SECTION 9. The following shall be codified as Section 37-28-10.1, Mississippi Code of 1972:
37-28-10.1. (1) An open enrollment charter school has the following powers and duties:
(a) To provide instruction to students at one or more elementary or secondary grade levels, as specified in the charter;
(b) To be governed in a manner that assures fiscal accountability and under the governing structure described in the charter; and
(c) To exercise continuing authority to operate under the charter contingent upon satisfactory student performance and all other applicable conditions, as defined by the charter and under this chapter.
(2) An open enrollment charter school is prohibited from the following:
(a) Imposing taxes;
(b) Incurring debts without the prior review and approval of the State Superintendent of Public Education;
(c) Charging students tuition or fees that are not allowable charges in public school districts; and
(d) Exercising religion in its operations or programmatic offerings.
(3) An open enrollment charter school is subject to all prohibitions, restrictions and requirements imposed by Title 37 of the Mississippi Code of 1972 and all rules and regulations promulgated by the State Board of Education relating to the following:
(a) Monitoring compliance with this chapter, as determined by the State Superintendent of Public Education;
(b) Conducting criminal background checks for prospective employees, as required under Section 37-9-17;
(c) High school graduation requirements established by the State Board of Education;
(d) Special education programs, as required under Chapter 23, Title 37, the Mississippi Code of 1972;
(e) Accountability provisions prescribed under Title 37 of the Mississippi Code of 1972; and
(f) Health and safety codes established by the State Board of Education and local governmental entities.
SECTION 10. Section 37-28-11, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-11. Any request for a petition to obtain charter school status as a conversion school sent by a local school to the school board of the school district in which the school is located shall be forwarded by the local school board to the State Board of Education. If a local school board disapproves of a local school's request for a petition seeking charter school status, the local school board shall inform the faculty of the local school of the reasons for the disapproval and shall forward a copy of the reasons to the State Board of Education. The State Board of Education, in its discretion, may request a hearing to receive further information from the local school board and the faculty of the local school.
SECTION 11. Section 37-28-13, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-13. (1) Initial charters for conversion schools issued by the State Board of Education shall be on a pilot-program basis and for a term of four (4) years. Thereafter, the State Board of Education may renew charters on a one-year or multiyear basis, not to exceed four (4) years, for conversion schools, if all parties to the original charter approve the renewal with a vote of a majority of the faculty, instructional staff and parents of students enrolled in the conversion school who are present at a meeting called for the specific purpose of deciding whether or not to renew the charter.
(2) Initial charters for open enrollment charter schools issued by the State Board of Education shall be on a pilot-program basis and for a term of three (3) years. After the initial term, the board may renew charters on a one-year or multiyear basis, not to exceed three (3) years, for open enrollment charter schools.
SECTION 12. The following shall be codified as Section 37-28-14, Mississippi Code of 1972:
37-28-14. (1) The State Department of Education shall evaluate or cause to be evaluated annually each open enrollment charter school in the state. The annual evaluation must include, but not necessarily be limited to, consideration of the following:
(a) Student scores on assessment instruments;
(b) Student attendance;
(c) Student grades;
(d) Incidents involving student discipline;
(e) Socioeconomic data on students' families;
(f) Parent satisfaction with the school;
(g) Student satisfaction with the school;
(h) The cost of instruction, administration and transportation incurred by the school; and
(i) The effect of the open enrollment charter school on the local school district and on teachers, students and parents in that district.
(2) The State Board of Education, in its discretion, may place an open enrollment charter school on probation or may modify, revoke or deny renewal of its charter if the board determines any of the following:
(a) That the persons operating the school committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter;
(b) That the persons operating the school failed to satisfy generally accepted accounting standards of fiscal management; or
(c) That the persons operating the school failed to comply with this chapter or any other applicable statute or State Board of Education rule or regulation.
(3) In taking any action under this section, the State Board of Education must consider the best interests of the open enrollment charter school's students, the severity of the violation and any previous violations committed by the school.
(4) The State Board of Education shall adopt procedures to be used for placing an open enrollment charter school on probation and for modifying, revoking or denying renewal of the school's charter. The procedures must provide the persons operating the charter school and the parents of students enrolled in the school with an opportunity for a hearing before the proposed action is taken. The hearing must be before an official from the State Department of Education, as designated by the State Superintendent of Public Education, at the facility at which the charter school is operated.
SECTION 13. Section 37-28-15, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-15. (1) A conversion school and open enrollment charter school may be funded by: federal grants, grants, gifts, devises or donations from any private sources; state funds appropriated for the support of the charter school; and in the case of a conversion school, any other funds that may be received by the school district. Schools applying for charter status, conversion schools and open enrollment charter schools are encouraged to apply for federal funds appropriated specifically for the support of charter schools under the Omnibus Consolidated Appropriations Act, 1997 (Public Law No. 104-208 [H.R. 3610] (1996)).
(2) The State Board of Education may give charter schools special preference when allocating grant funds other than state funds for alternative school programs, classroom technology, school improvement programs, mentoring programs or other grant programs designed to improve local school performance. The board may promulgate rules and regulations consistent with state and federal statutes to implement this section.
(3) An open enrollment charter school shall receive an allotment of funds from the state calculated by multiplying the average daily attendance of the school, as defined in Section 37-151-5, by the base student cost, adjusted in accordance with the formula prescribed under Section 37-151-7. The average daily attendance of the charter school shall be determined in the same manner as prescribed for local school districts; however, the initial funding estimate for each school year following the initial year of operations shall be based on the average daily attendance as of April 15 in the immediately preceding school year. In December of each year, the State Department of Education shall adjust the funding based on the average daily attendance in the first quarter. A final adjustment to the funding must be made after the current year three-quarter average daily attendance is established. The funds shall be paid by the state to the charter school in twelve (12) equal installments during each fiscal year.
(4) An open enrollment charter school may not use any funds received from the state for any sectarian program or activity or as collateral for debt. No indebtedness of any kind incurred or created by an open enrollment charter school may constitute an indebtedness of the state or any political subdivision of the state, and no indebtedness of an open enrollment charter school shall involve or be secured by the faith, credit or taxing power of the state or any political subdivision. The provisions of this subsection must be made a part of every contract or lease into which the open enrollment charter school enters.
(5) An open enrollment charter school shall be subject to the same auditing and accounting requirements as all other local school districts in the state. The open enrollment charter schools must prepare an annual certified audit of the financial condition and transactions of the school as of June 30 each year in accordance with generally accepted auditing procedures and containing any other data required by the State Board of Education. The annual fiscal audit of an open enrollment charter school may be performed by the State Auditor or by a private auditing or accounting firm operating under guidelines approved by the State Department of Audit.
(6) Unless provided otherwise in the charter of an open enrollment charter school, upon dissolution or nonrenewal of the charter of the open enrollment charter school, all net assets of the school purchased with public funds shall be deemed the property of the state.
SECTION 14. Section 37-28-17, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-17. (1) Employees of a conversion school shall be considered employees of the school district in which that charter school is located. Conversion school employees shall be entitled to the same rights, privileges and benefits to which all other employees of the school district are entitled.
(2) Employees of an open enrollment charter school are considered employees of the State of Mississippi. Open enrollment charter school employees are eligible to participate in all state benefits programs available to public school employees.
(3) A licensed teacher employed by a public school district in the school year immediately preceding the effective date of a charter for an open enrollment charter school operated at a public school facility may be employed by the open enrollment charter school.
SECTION 15. Section 37-28-19, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2009, is reenacted as follows:
37-28-19. Before January 1 of each year, the State Board of Education shall submit a report to the Legislature on the status of conversion schools and open enrollment charter schools. This report minimally shall include: (a) a review and compilation of comprehensive reports and evaluations issued by local school boards concerning successes or failures of conversion schools and formulated recommendations; (b) a comparison of the academic performance of conversion school and open enrollment charter school students with the performance of ethnically and economically comparable groups of students in other public schools who are enrolled in academically comparable courses; (c) the current and projected impact of all charter schools on the delivery of services by the public schools; (d) an assessment of the students' academic progress in the conversion school as measured, where available, against the academic year immediately preceding the first year of the conversion school's operation; and (e) the best practices resulting from conversion school and open enrollment charter school operations.
SECTION 16. This act shall take effect and be in force from and after July 1, 2010.
