Bill Text: MS HB466 | 2019 | Regular Session | Introduced
Bill Title: Scholastic year; increase number of days for schools with an accountability rating of "D" or "F."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB466 Detail]
Download: Mississippi-2019-HB466-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Education; Appropriations
By: Representative Banks
House Bill 466
AN ACT TO AMEND SECTION 37-13-63, MISSISSIPPI CODE OF 1972, TO INCREASE THE MINIMUM NUMBER OF DAYS WHICH SCHOOLS RECEIVING AN ACCOUNTABILITY RATING DESIGNATION OF "D" OR "F" MUST BE KEPT IN SESSION EACH SCHOLASTIC YEAR; TO AMEND SECTION 37-151-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-13-63, Mississippi Code of 1972, is amended as follows:
37-13-63. (1) Except as otherwise provided under subsections (2) and (3), all public schools in the state shall be kept in session for at least one hundred eighty (180) days in each scholastic year.
(2) If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a scholastic year as contemplated due to an enemy attack, a man-made, technological or natural disaster or extreme weather emergency in which the Governor has declared a disaster or state of emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board may notify the State Department of Education of the disaster or weather emergency and submit a plan for altering the school term. If the State Board of Education finds the disaster or extreme weather emergency to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor's or President's disaster or state of emergency declaration, it may permit that school board to operate the schools in its district for less than one hundred eighty (180) days; however, in no instance of a declared disaster or state of emergency under the provisions of this subsection shall a school board receive payment from the State Department of Education for per pupil expenditure for pupils in average daily attendance in excess of ten (10) days.
(3) A school that receives an accountability rating designation of "F" must be kept in session for the number of days required under subsection (1) plus an additional period of not less than fifteen (15) school days per scholastic year, beginning in the next succeeding school year after receiving an accountability rating designation of "F." A school that receives an accountability rating designation of "D" must be kept in session for the number of days required under subsection (1) plus an additional period of not less than eight (8) school days per scholastic year, beginning in the next succeeding school year after receiving an accountability rating designation of "D." The school board of a school district in which one or more schools are rated as "D" or "F" shall take such steps as may be necessary to operate those schools for the required number of days exceeding the scholastic year established under subsection (1) of this section.
SECTION 2. Section 37-151-5, Mississippi Code of 1972, is amended as follows:
37-151-5. As used in Sections 37-151-5 and 37-151-7:
(a) "Adequate program" or "adequate education program" or "Mississippi Adequate Education Program (MAEP)" shall mean the program to establish adequate current operation funding levels necessary for the programs of such school district to meet at least a successful Level III rating of the accreditation system as established by the State Board of Education using current statistically relevant state assessment data.
(b) "Educational programs or elements of programs not included in the adequate education program calculations, but which may be included in appropriations and transfers to school districts" shall mean:
(i) "Capital outlay" shall mean those funds used for the constructing, improving, equipping, renovating or major repairing of school buildings or other school facilities, or the cost of acquisition of land whereon to construct or establish such school facilities.
(ii) "Pilot programs" shall mean programs of a pilot or experimental nature usually designed for special purposes and for a specified period of time other than those included in the adequate education program.
(iii) "Adult education" shall mean public education dealing primarily with students above eighteen (18) years of age not enrolled as full-time public school students and not classified as students of technical schools, colleges or universities of the state.
(iv) "Food service programs" shall mean those programs dealing directly with the nutritional welfare of the student, such as the school lunch and school breakfast programs.
(c) "Base student" shall mean that student classification that represents the most economically educated pupil in a school system meeting the definition of successful, as determined by the State Board of Education.
(d) "Base student cost" shall mean the funding level necessary for providing an adequate education program for one (1) base student, subject to any minimum amounts prescribed in Section 37-151-7(1).
(e) "Add-on program costs" shall mean those items which are included in the adequate education program appropriations and are outside of the program calculations:
(i) "Transportation" shall mean transportation to and from public schools for the students of Mississippi's public schools provided for under law and funded from state funds.
(ii) "Vocational or technical education program" shall mean a secondary vocational or technical program approved by the State Department of Education and provided for from state funds.
(iii) "Special education program" shall mean a program for exceptional children as defined and authorized by Sections 37-23-1 through 37-23-9, and approved by the State Department of Education and provided from state funds.
(iv) "Gifted education program" shall mean those programs for the instruction of intellectually or academically gifted children as defined and provided for in Section 37-23-175 et seq.
(v) "Alternative school program" shall mean those programs for certain compulsory-school-age students as defined and provided for in Sections 37-13-92 and 37-19-22.
(vi) "Extended school year programs" shall mean those programs authorized by law which extend beyond the normal school year.
(vii) "University-based programs" shall mean those university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq.
(viii) "Bus driver training" programs shall mean those driver training programs as provided for in Section 37-41-1.
(f) "Teacher" shall include any employee of a local school who is required by law to obtain a teacher's license from the State Board of Education and who is assigned to an instructional area of work as defined by the State Department of Education.
(g) "Principal" shall mean the head of an attendance center or division thereof.
(h) "Superintendent" shall mean the head of a school district.
(i) "School district" shall mean any type of school district in the State of Mississippi, and shall include agricultural high schools.
(j) "Minimum
school term" shall mean * * * the
minimum number of days of school in which both teachers and pupils are in
regular attendance for scheduled classroom instruction for not less than sixty-three
percent (63%) of the instructional day, as fixed by the local school board for
each school in the school district under the authority of Section 37-13-63.
It is the intent of the Legislature that any tax levies generated to produce
additional local funds required by any school district to operate school terms
in excess of one hundred seventy-five (175) days shall not be construed to
constitute a new program for the purposes of exemption from the limitation on
tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs
mandated by the Legislature.
(k) The term "transportation density" shall mean the number of transported children in average daily attendance per square mile of area served in a school district, as determined by the State Department of Education.
(l) The term "transported children" shall mean children being transported to school who live within legal limits for transportation and who are otherwise qualified for being transported to school at public expense as fixed by Mississippi state law.
(m) The term
"year of teaching experience" shall mean nine (9) months of actual
teaching in the public or private elementary and secondary schools and shall
also include nine (9) months of actual teaching at postsecondary institutions
accredited by the Southern Association of Colleges and Schools (SACS) or
equivalent regional accrediting body for degree-granting postsecondary
institutions. In no case shall more than one (1) year of teaching experience
be given for all services in one (1) calendar or school year. In determining a
teacher's experience, no deduction shall be made because of the temporary
absence of the teacher because of illness or other good cause, and the teacher
shall be given credit therefor. * * * The
State Board of Education shall fix a number of days, not to exceed forty-five
(45) consecutive school days, during which a teacher may not be under contract
of employment during any school year and still be considered to have been in
full-time employment for a regular scholastic term. If a teacher exceeds the
number of days established by the State Board of Education that a teacher may
not be under contract but may still be employed, that teacher shall not be
credited with a year of teaching experience. In determining the experience of
school librarians, each complete year of continuous, full-time employment as a
professional librarian in a public library in this or some other state shall be
considered a year of teaching experience. If a full-time school administrator
returns to actual teaching in the public schools, the term "year of
teaching experience" shall include the period of time he or she served as
a school administrator. In determining the salaries of teachers who have
experience in any branch of the military, the term "year of teaching
experience" shall include each complete year of actual classroom
instruction while serving in the military. In determining the experience of speech-language
pathologists and audiologists, each complete year of continuous full-time post
master's degree employment in an educational setting in this or some other
state shall be considered a year of teaching experience. * * * School districts are
authorized, in their discretion, to negotiate the salary levels applicable to * * * licensed employees employed
after July 1, 2009, who are receiving retirement benefits from the retirement
system of another state, and the annual experience increment provided in
Section 37-19-7 shall not be applicable to any such retired * * * licensed employee.
(n) * * * The term "average daily
attendance" shall be the figure which results when the total aggregate
full-day attendance during the period or months counted is divided by the
number of days during the period or months counted upon which both teachers and
pupils are in regular attendance for scheduled classroom instruction, unless a
pupil's absence is excused due to participation in an activity authorized by
the State Board of Education under subparagraph (ii) of this paragraph, less
the average daily attendance for self-contained special education classes. For
purposes of determining and reporting attendance, a pupil must be present for
at least sixty-three percent (63%) of the instructional day, as fixed by the
local school board for each school in the school district, in order to be
considered in full-day attendance. Prior to full implementation of the
adequate education program the department shall deduct the average daily
attendance for the alternative school program provided for in Section 37-19-22.
* * *
(o) The term "local supplement" shall mean the amount paid to an individual teacher over and above the adequate education program salary schedule for regular teaching duties.
(p) The term "aggregate amount of support from ad valorem taxation" shall mean the amounts produced by the district's total tax levies for operations.
(q) The term "adequate education program funds" shall mean all funds, both state and local, constituting the requirements for meeting the cost of the adequate program as provided for in Section 37-151-7.
(r) "Department" shall mean the State Department of Education.
(s) "Commission" shall mean the Mississippi Commission on School Accreditation created under Section 37-17-3.
(t) The term "successful school district" shall mean a Level III school district as designated by the State Board of Education using current statistically relevant state assessment data.
(u) "Dual enrollment-dual credit programs" shall mean programs for potential or recent high school student dropouts to dually enroll in their home high school and a local community college in a dual credit program consisting of high school completion coursework and a credential, certificate or degree program at the community college, as provided in Section 37-15-38(19).
(v) "Charter school" means a public school that is established and operating under the terms of a charter contract between the school's governing board and the Mississippi Charter School Authorizer Board.
SECTION 3. This act shall take effect and be in force from and after July 1, 2019.
