Bill Text: MS HB587 | 2017 | Regular Session | Introduced
Bill Title: MS Independent Districts of Innovation (MIDI) grant program; establish to fund districts with innovative status.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB587 Detail]
Download: Mississippi-2017-HB587-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education; Revenue and Expenditure General Bills
By: Representative Dortch
House Bill 587
AN ACT TO ESTABLISH THE MISSISSIPPI INDEPENDENT DISTRICTS OF INNOVATION (MIDI) GRANT PROGRAM IN THE STATE DEPARTMENT OF EDUCATION FOR PURPOSES OF AWARDING SUBGRANTS FROM FUNDS RECEIVED THROUGH SCHOOL IMPROVEMENT GRANTS (SIG) AND ANY SPECIFIC APPROPRIATION BY THE LEGISLATURE TO LOCAL SCHOOL DISTRICTS IN NEED, AS DETERMINED BY AN ACCOUNTABILITY RATING OF "D" OR "F"; TO SPECIFY THE FOUR TYPES OF INTERVENTION MODELS A SCHOOL DISTRICT MAY CHOOSE TO PATTERN ITSELF IN ORDER TO QUALIFY FOR A MIDI GRANT WHEN SUBMITTING ITS APPLICATION; TO PROVIDE THAT THE MINIMUM STATE CONTRIBUTION TO THE MIDI GRANT PROGRAM SHALL BE $15,000,000.00 PER YEAR OVER A THREE-YEAR GRANT PERIOD; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND ANNUALLY DISSEMINATE A REQUEST FOR PROPOSALS FOR CHARTER SCHOOL APPLICATIONS AND TO PRESCRIBE THE REQUIRED COMPONENTS OF CHARTER APPLICATIONS; TO AMEND SECTIONS 37-167-1 AND 37-179-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTION 37-179-3, 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. (1) There is hereby established the Mississippi Independent Districts of Innovation (MIDI) grant program in the State Department of Education to provide funding, through the awarding of subgrants from funds received through School Improvement Grants (SIG) and any specific appropriation by the Legislature therefor, to local school districts that demonstrate the greatest need for the funds and the strongest commitment to use the funds to provide adequate resources in order to raise substantially the achievement of students in their lowest-performing schools. The MIDI program shall authorize the State Department of Education to make grants to "D" and "F" rated school districts that have the lowest achieving five percent (5%) of a state's Title I schools in improvement, corrective action or restructuring, as determined by secondary school graduation rates below sixty percent (60%) over a number of years and elementary schools that are as low achieving as the state's other "D" and "F" rated schools. In the "D" and "F" rated school districts the department chooses to issues a MIDI grant, the school district must implement one (1) of four (4) of the following school intervention models:
(a) Turnaround model, which shall have the following requirements:
(i) Replacing the principal and grant the newly hired principal sufficient operational flexibility to implement fully a comprehensive approach in order to substantially improve student achievement outcomes and increase high school graduation rates;
(ii) Using locally adopted competencies to measure the effectiveness of staff who work within the turnaround environment to meet the needs of students by:
1. Screening all existing staff and rehire no more than fifty percent (50%); and
2. Selecting new staff;
(iii) Implementing such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in the turnaround school;
(iv) Providing staff with ongoing, high-quality professional development that is aligned with the district's comprehensive instructional program and designed with school staff to ensure that they are equipped to facilitate effective teaching and learning, and have the capacity to successfully implement school reform strategies;
(v) Adopting a new governance structure, which may include, but is not limited to, requiring the school to report to a new "turnaround office" in the department, hire a "turnaround leader" who reports directly to the district superintendent or chief academic officer, or enter into a multi-year contract with the department to obtain added flexibility in exchange for greater accountability;
(vi) Using data to identify and implement an instructional program that is research-based and vertically aligned from one grade to the next, as well as aligned with state academic standards;
(vii) Promoting the continuous use of student data and assessments to inform and differentiate instruction in order to meet the academic needs of individual students;
(viii) Establishing schedules and implement strategies that provide increased learning time; and
(ix) Providing appropriate social-emotional and community-oriented services and supports for students;
(b) Restart model, aligned to the requirements of the New Start School Program under Section 37-167-1;
(c) School closure, which would allow the local school district to use SIG funds to pay certain reasonable and necessary costs associated with closing a "D" or "F" rated school as defined in this section, provided that such as costs related to parent and community outreach, including, but not limited to:
(i) Press releases, newsletters, newspaper announcements, hotlines, direct mail notices or meetings regarding the school closure;
(ii) Services to help parents and students transition to a new school;
(iii) Orientation activities, including open houses, that are specifically designed for students attending a new school after their prior school closes; or
(iv) Other costs associated with its general responsibilities if the costs are directly attributable to the school closure and exceed the costs the school district would have incurred in the absence of the closure; or
(d) Transformation model, which shall have the following requirements:
(i) Replacing the principal who led the school before the start of the transformation model;
(ii) Using rigorous, transparent, and equitable evaluation systems for teachers and principals that:
1. Take into account data on student growth as a significant factor as well as other factors, such as multiple observation-based assessments of performance and ongoing collections of professional practice reflective of student achievement and increased high school graduation rates; and
2. Are designed and developed with teacher and principal involvement;
(iii) Identifying and rewarding school leaders, teachers, and other staff who, in implementing this model, have increased student achievement and high school graduation rates, and identifying and removing those who, after ample opportunities have been provided for them to improve their professional practice, have not done so;
(iv) Providing staff with ongoing, high-quality professional development that is aligned with the school's comprehensive instructional program and designed with school staff to ensure they are equipped to facilitate effective teaching and learning, and have the capacity to successfully implement school reform strategies;
(v) Implementing such strategies as financial incentives and increased opportunities for promotion and career growth that are designed to recruit, place and retain staff with the skills necessary to meet the needs of the students in a transformation model;
(vi) Using data to identify and implement an instructional program that is research-based and vertically aligned from one grade to the next as well as aligned with state academic standards;
(vii) Promoting the continuous use of student data (such as from formative, interim, and summative assessments) in order to inform and differentiate instruction to meet the academic needs of individual students;
(viii) Establishing schedules and strategies that provide increased learning time;
(ix) Providing ongoing mechanisms for family and community engagement;
(x) Giving the school district sufficient operational flexibility to implement fully a comprehensive approach to substantially improve student achievement outcomes and increase high school graduation rates; and
(xi) Ensuring that the school district receives ongoing, intensive technical assistance and related support from the department or a designated external lead education management organization.
(2) The MIDI grant program shall provide a minimum state contribution of Fifteen Million Dollars ($15,000,000.00) per year over a three-year grant period, to be combined with any SIG grant funds received by the department under Title I of the Elementary and Secondary Education Act of 1965.
(3) Before the issuance of any MIDI grant the department shall first develop a request for proposals (RFP) process. To solicit, encourage and guide the development of quality district of innovation applications, the department shall issue and publicize a request for proposals before October 1 of each year; however, during 2017, the department shall issue and publicize a request for proposals before December 31. The content and dissemination of the request for proposals must be consistent with the purposes and requirements of this act.
(4) The department annually shall establish and disseminate a statewide timeline for districts of innovation approval or denial decisions by the State Board of Education.
(5) The department's request for proposals must include the following:
(a) A clear statement of any preferences the department wishes to grant to applications intended to help underserved students;
(b) A description of the performance framework that the department has developed for district of innovation oversight and evaluation;
(c) The criteria that will guide the board's decision to approve or deny a district of innovation application; and
(d) A clear statement of appropriately detailed questions, as well as guidelines, concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful district of innovation based on the intervention model selected by the district.
(6) In addition to all other requirements, the request for proposals must require districts of innovation applications to provide or describe thoroughly all of the following mandatory elements of the proposed school plan:
(a) An executive summary;
(b) The mission and vision of the proposed district of innovation;
(c) The location or geographic area proposed for the school;
(d) The grades to be served each year for the full term of the district of innovation approval period;
(e) Minimum, planned and maximum enrollment per grade per year for the term of the district of innovation approval period;
(f) Evidence of need and community support for the proposed district of innovation;
(g) The district's proposed calendar, including the proposed opening and closing dates for the school term, and a sample daily schedule. The district must requires schools to be kept in session no less than the minimum number of school days established for all public schools in Section 37-13-63;
(h) A description of the district's academic program, aligned with state standards;
(i) A description of the district's instructional design, including the type of learning environment (such as classroom-based or independent study), class size and structure, curriculum overview and teaching methods;
(j) The district's plan for using internal and external assessments to measure and report student progress on the performance framework developed by the department;
(k) The district's plan for identifying and successfully serving students with disabilities (including all of the school's proposed policies pursuant to the Individuals with Disabilities Education Improvement Act of 2004, 20 USCS Section 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USCS Section 794, and Title 11 of the Americans with Disabilities Act, 42 USCS Section 12101 et seq., and the district's procedures for securing and providing evaluations and related services pursuant to federal law), students who are English language learners, students who are academically behind, and gifted students, including, but not limited to, compliance with any applicable laws and regulations;
(l) A description of cocurricular or extracurricular programs and how those programs will be funded and delivered;
(m) The district's student discipline policies, including those for special education students;
(n) An organizational chart that clearly presents the district's organizational structure, including lines of authority and reporting between the local school board, education service provider, staff, related bodies (such as advisory bodies or parent and teacher councils), and all other external organizations that will play a role in managing the school;
(o) A clear description of the roles and responsibilities of the local school board, education service provider, school leadership team, management team and all other entities shown in the organizational chart;
(p) A staffing chart for the district's first year, and a staffing plan for the term of the innovation approval period;
(q) Plans for recruiting and developing school leadership and staff, which may not include utilization of nonimmigrant foreign worker visa programs;
(r) The district's leadership and teacher employment policies, including performance evaluation plans;
(s) Proposed governing bylaws;
(t) Explanations of any partnerships or contractual relationships central to the district's operations or mission;
(u) The district's plans for providing transportation, food service and all other significant operational or ancillary services;
(v) Opportunities and expectations for parent involvement;
(w) A detailed start-up plan, identifying tasks, timelines and responsible individuals;
(x) A description of the district's financial plans and policies, including financial controls and audit requirements;
(y) A description of the insurance coverage the district will obtain;
(z) Start-up and five-year budgets with clearly stated assumptions;
(aa) Start-up and first-year cash flow projections with clearly stated assumptions; and
(bb) A sound facilities plan, including backup or contingency plans if appropriate.
(7) In the case of a proposed district of innovation that intends to contract with an education service provider for substantial educational services, management services or both types of services, the request for proposals additionally shall require the applicant to:
(a) Provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;
(b) Provide a term sheet setting forth: the proposed duration of the service contract; roles and responsibilities of the local school board, the district staff and the education service provider; the scope of services and resources to be provided by the education service provider; performance evaluation measures and timelines; the compensation structure, including clear identification of all fees to be paid to the education service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract;
(c) Disclose and explain any existing or potential conflicts of interest between the local school board and proposed service provider or any affiliated business entities; and
(d) Background information, including proof of United States citizenship, on the principal individuals affiliated with the education service provider.
(8) In the case of a district of innovation proposal from an applicant that currently operates one or more schools in any state or nation, the request for proposals additionally shall require the applicant to provide evidence of past performance and current capacity for growth. The applicant shall be required to submit clear evidence that it has produced statistically significant gains in student achievement or consistently produced proficiency levels as measured on state achievement tests.
SECTION 2. Section 37-167-1, Mississippi Code of 1972, is amended as follows:
37-167-1. (1) Except as otherwise provided this section applies only to those public schools in the State of Mississippi which, during a minimum of two (2) consecutive school years, are considered failing, as determined by a school accountability rating of "D" or "F" assigned by the State Department of Education.
For purposes of this section, the term "new start school" means the successor school to a public school in the State of Mississippi which, during a minimum of two (2) consecutive school years, is considered failing, as determined by a school accountability rating of "D" or "F" assigned by the State Department of Education.
(2) There is established
the New Start School Program for the purpose of transforming * * * schools with an assigned
accountability rating of "D" or "F" into quality
educational options. Under the program, a new start school may be established
in each public school that, during a minimum of two (2) consecutive school
years, is considered failing, as determined by a school accountability
rating of "D" or "F" assigned by the State Department
of Education. The New Start School Program shall be under the administration
of the State Department of Education.
(3) (a) Whenever a school
is classified by the State Department of Education as a failing school in any
school year as determined by a school accountability rating of "D"
or "F", the department may provide written notice to the
principal and each licensed (certified) and nonlicensed (classified) employee
in the school that if the school receives * * * the same
"D" or "F" accountability rating for the succeeding
school year, the school may be transformed into a new start school and the
person's employment with the local school district may be terminated. The
notice shall be sent by the State Superintendent of Public Education, or
his/her designee, as soon as practicable after the school is classified as * * * determined by a school
accountability rating of "D" or "F" assigned by the State
Department of Education.
(b) In addition to the
notice required under paragraph (a) of this subsection (3), the local school
board shall provide notice to the public in a newspaper of general circulation
in the local county that if the school receives * * * the same
"D" or "F" accountability rating for the succeeding
school year, the school may be transformed into a new start school. The
advertisement may not be placed in any portion of the newspaper where legal
notices and classified advertisements appear. The advertisement shall appear
in a newspaper that is published at least five (5) days a week, unless the only
newspaper in the county is published less than five (5) days a week, in such
case, the advertisement shall be published once a week for three (3)
consecutive weeks. The newspaper selected must be one of general interest,
readership and circulation in all areas of the community.
(4) If a school that has
been classified by the State Department of Education as a * * * "D" or "F" rated
school during a minimum of two (2) consecutive school years, the State
Department of Education may take any steps as may be deemed necessary to
facilitate the transformation of the * * * school into a new start school.
However, the school board of the local school district in which such a school
is located may appeal to the State Board of Education for an additional year by
submitting a comprehensive plan of improvement or submit application for
consideration as a school of innovation as provided under Sections 37-179-1 and
37-179-3. The State Board of Education, in its discretion, may grant a one-year
delay if it determines circumstances merit giving the school an additional year
to achieve academic improvement. If, during the additional year, the school * * * fails
to show improvement or worsens in the case of the school having an
accountability rating of "D", the department may proceed to
transform the * * *
school into a new start school.
(5) The State Board of
Education shall adopt rules and regulations governing the transformation of * * * schools having accountability
ratings of "D" or "F" into new start schools. The
State Board of Education shall adopt rules and regulations that ensure that all
students who were enrolled in, in attendance at and residing in the attendance
zone of the public school before a new start school is instituted shall continue
being eligible for and shall be deemed to be enrolled in the new start school
without any required application process for the school. The rules and
regulations must include, but not necessarily be limited to, the following
provisions:
(a) The State Board of Education shall adopt rules and regulations to evaluate the performance of all licensed (certified) and nonlicensed (classified) employees in schools that are to be transformed into a new start school. The performance evaluation shall be conducted by the school district superintendent at the conclusion of the second consecutive year in which a school is classified as failing. For all licensed (certified) employees the said rules and regulations shall use data, which shall include using the measures of student achievement, to assess the effectiveness of the educator. Any employee that receives an unsatisfactory evaluation may be terminated by the school district in which the school is located. Any employee terminated under the authority of this paragraph (a) shall not have a right to request a hearing by the school district or before a hearing officer or the State Board of Education.
(b) The State Superintendent of Public Education or his/her designee, at the State Department of Education shall select a person to be employed as the principal of the new start school and establish the terms of employment. Upon the request of the State Superintendent of Public Education, or his/her designee, the superintendent of the school district in which the new start school is located shall enter into a contract with the person selected to be the principal in the same manner that contracts with principals are executed under Section 37-9-23. The principal of the new start school shall be an employee of the school district but shall report and be accountable directly to the State Superintendent of Public Education or his/her designee at the State Department of Education. All decisions impacting the academic, finance or any other managerial or operational functions of the new start school shall be subject to the review and approval of the State Department of Education.
(c) The principal of the new start school, chosen by the State Superintendent of Public Education, or his/her designee, under paragraph (b) of this subsection (5), shall select and recommend for employment all licensed (certified) and nonlicensed (classified) personnel for the school. The principal shall endeavor to select only the most qualified applicants for employment in the new start school. Each teacher recommended for employment in the new start school and the terms of employment must be approved by the State Superintendent of Public Education, or his/her designee at the department, before a contract for employment may be executed with the teacher. Upon the request of the State Superintendent of Public Education, or his/her designee, the superintendent of the school district in which the new start school is located shall enter into contracts with persons approved as teachers in the same manner that contracts with licensed employees are executed under Section 37-9-23.
(d) The school district superintendent shall develop professional development courses of training specifically designed for licensed (certified) and nonlicensed (classified) personnel in a new start school which shall be approved by the State Board of Education. All licensed (certified) and nonlicensed (classified) employees of the new start school shall be required to participate in the professional development courses.
(e) The principal of a new start school shall establish a P-16 council to assist in the transformation of the new start school. The P-16 council may be composed of parents, students, educators and other community members who are interested in the success of the new start school.
(f) When a new start school achieves an accountability rating of "C" or better for two (2) consecutive years, it shall cease to be a new start school and control shall be returned to the local school board. However, the new start school shall remain under the guidelines of its district of innovation plan until the five-year approval period for innovative status has expired.
(6) The 2013-2014 school
year shall be the first year that a school's classification may be considered
for purposes of this section, and a classification as a * * * "D" or "F" rated
school in any year preceding the 2013-2014 school year may not be considered in
determining if a particular school must be transformed into a new start school.
(7) If a local
school district has one or more schools * * * determined by a school
accountability rating of "D" or "F" assigned by the State
Department of Education for two (2) consecutive years, the superintendent
of that local school district shall be restricted only to travel that is
mandated by law or prescribed by the State Department of Education.
(8) If a local school
district has one or more schools * * * determined by a school
accountability rating of "D" or "F" assigned by the State
Department of Education for two (2) consecutive years, the members of the
local school board of that school district shall be restricted only to travel
that is mandated by law or prescribed by the State Department of Education, and
shall have the amount of their per diem and/or yearly rate reduced by one-half
(1/2).
(9) The local school district shall allocate funds for operations of any new start school in the same manner as funds are allocated to all other schools in the district and shall provide administrative and support services to the new start schools in the same manner as such services are provided to other schools in the district. The local school district shall fund operations at any new start school within the district at a level sufficient to readily improve performance in the school. Funding shall be allocated on a per pupil basis. The State Superintendent of Public Education, or his/her designee, shall determine if funding is sufficient, and may establish a per pupil amount if it is determined that district funding for the new start school is insufficient.
(10) For all extracurricular purposes, any new start school shall remain a member of the local school district.
(11) The State Board of Education may, in its discretion, contract with one (1) or more persons or private entities with experience in improving school performance to assist in implementing and administering any part of the New Start School Program.
(12) All actual and necessary costs related to implementing and administering the New Start School Program for any school shall be paid by the local school district in which the new start school is located. The State Department of Education shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's adequate education program funds.
(13) If a school is classified by the State
Department of Education as a * * * "D" or "F" rated
school for two (2) consecutive years, the State Board of Education may override
any decision of the local school board or local superintendent of education, or
both, concerning the management and operation of the * * * school, or initiate and make decisions
concerning the management and operation of the * * * school. Further, the State Board of
Education may escrow some or all of state funds except as otherwise provided in
Section 206, Mississippi Constitution of 1890, until it determines corrective
actions are being taken or that the needs of students warrant the release of
funds.
(14) Failure to comply with this section, any duly adopted regulations, or any decision of the State Superintendent of Public Education, or his/her designee, may be considered a violation of the Mississippi Public School Accountability Standards.
SECTION 3. Section 37-179-1, Mississippi Code of 1972, is amended as follows:
37-179-1. (1) For purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context clearly indicates otherwise:
(a) "District of innovation" means a district that has developed a plan of innovation in compliance with this section and has been approved by the State Board of Education to be exempted from certain administrative regulations and statutory provisions to improve the educational performance of students within the district;
(b) "Innovation" means a new or creative alternative to existing instructional and administrative practices intended to improve student learning and student performance of all students;
(c) "School of
innovation" means a school that voluntarily participates in a district of
innovation plan to improve instruction, including waivers and exemptions from
local school board policies, selected provisions of rules and regulations
promulgated by the State Board of Education, and selected sections of the
Mississippi Code of 1972, as permitted under this section and Section * * * 37-179-3;
(d) "Board" means the State Board of Education;
(e) "Department" means the State Department of Education.
(2) The State Board of Education is authorized to approve districts of innovation for the purposes of improving students' educational performance. Districts of innovation shall be provided flexibility from selected board regulations, Title 37, Mississippi Code of 1972, and local school board policies for school administrators, teachers and staff to meet the diverse needs of students. The initial approval of a district of innovation shall be for a five-year period. Each renewal of a district of innovation shall not exceed five (5) years and shall comply with administrative regulations promulgated by the board pursuant to subsection (4) of this section.
(3) The board shall promulgate administrative rules and regulations to prescribe the conditions and procedures to be used by a local school board to be approved as a district of innovation and shall publish the same on or before December 31, 2015.
(4) Administrative rules and regulations promulgated by the board under subsection (3) of this section shall specify:
(a) The regulatory areas which may be exempted or modified if approved by the board, except as provided in Section 37-179-3(2), and in addition to those areas identified in Section 37-179-3(3);
(b) The request for proposals, application, plan review, approval and amendment process for a district;
(c) Timelines for initial approval as a district of innovation, the renewal process and ongoing evaluative procedures required of the district;
(d) Acceptable documentation of a critical mass of parental, community, educator and business support and capacity to effect a change;
(e) Evidence of teacher collaboration and shared leadership within the district and the schools to be designated as schools of innovation;
(f) The process of revocation of the designation of district of innovation or school of innovation;
(g) Reporting and oversight responsibilities of the district and the State Department of Education;
(h) The financial detail relating to budgets of schools and evidence of sound fiscal management practices;
(i) Acceptable areas of emphasis for innovation;
(j) Acceptable documentation of job-embedded professional development within the proposed innovation design; and
(k) Other components deemed necessary to implement this section and Section 37-179-3.
SECTION 4. Section 37-179-3, Mississippi Code of 1972, is brought forward as follows:
37-179-3. (1) A district which is an applicant to be designated as a district of innovation under Section 37-179-1 shall:
(a) Establish goals and performance targets for the district of innovation proposal, which may include:
(i) Reducing achievement gaps among groups of public school students by expanding learning experiences for students who are identified as academically low-achieving;
(ii) Increasing pupil learning through the implementation of high, rigorous standards for pupil performance;
(iii) Increasing the participation of students in various curriculum components and instructional components within selected schools to enhance at each grade level;
(iv) Increasing the number of students who are college and career-ready;
(v) Motivating students at different grade levels by offering more curriculum choices and student learning opportunities to parents and students within the district;
(b) Identify changes needed in the district and schools to lead to better prepared students for success in life and work;
(c) Have a districtwide plan of innovation that describes and justifies which schools and innovative practices will be incorporated;
(d) Provide documentation of community, educator, parental, and the local board's support of the proposed innovations;
(e) Provide detailed information regarding the rationale of requests for waivers from Title 37, Mississippi Code of 1972, which relate to the elementary and secondary education of public school students, and administrative regulations, and exemptions for selected schools regarding waivers of local school board policies;
(f) Document the fiscal and human resources the board will provide throughout the term of the implementation of the innovations within its plan; and
(g) Provide other materials as required by the department in compliance with the board's administrative regulations and application procedures.
(2) The district and all schools participating in a district's innovation plan shall:
(a) Ensure the same health, safety, civil rights, and disability rights requirements as are applied to all public schools;
(b) Ensure students meet compulsory attendance requirements under Sections 37-13-91 and 37-13-92;
(c) Ensure that high school course offerings meet or exceed the minimum required under Sections 37-16-7 and 37-3-49, for high school graduation or meet early graduation requirements that may be enacted by the Mississippi Legislature;
(d) Ensure the student performance standards meet or exceed those adopted by the State Board of Education as required by Sections 37-3-49, 37-16-3 and 37-17-6, including compliance with the statewide assessment system specified in Chapter 16, Title 37, Mississippi Code of 1972;
(e) Adhere to the same financial audits, audit procedures, and audit requirements as are applied under Section 7-7-211(e);
(f) Require state and criminal background checks for staff and volunteers as required of all public school employees and volunteers within the public schools and specified in Section 37-9-17;
(g) Comply with open records and open meeting requirements under Sections 25-41-1 et seq. and 25-61-1 et seq.;
(h) Comply with purchasing requirements and limitations under Chapter 39, Title 37, Mississippi Code of 1972;
(i) Provide overall instructional time that is equivalent to or greater than that required under Sections 37-1-11 and 37-13-67, but which may include on-site instruction, distance learning, online courses, and work-based learning on nontraditional school days or hours; and
(j) Provide data to the department as deemed necessary to generate school and district reports.
(3) (a) Only schools that choose to be designated as schools of innovation shall be included in a district's application;
(b) As used in this paragraph, "eligible employees" means employees that are regularly employed at the school and those employees whose primary job duties will be affected by the plan; and
(c) Notwithstanding the provisions of paragraph (a) of this subsection, a local school board may require a school that has been identified as a persistently low-achieving school under provisions of Section 37-17-6 to participate in the district's plan of innovation.
(4) Notwithstanding any statutes to the contrary, the board may approve the requests of districts of innovation to:
(a) Use capital outlay funds for operational costs;
(b) Hire persons for classified positions in nontraditional school and district assignments who have bachelors and advanced degrees from postsecondary education institutions accredited by a regional accrediting association (Southern Association of Colleges and Schools) or by an organization affiliated with the National Commission on Accrediting;
(c) Employ teachers on extended employment contracts or extra duty contracts and compensate them on a salary schedule other than the single salary schedule;
(d) Extend the school days as is appropriate within the district with compensation for the employees as determined locally;
(e) Establish alternative education programs and services that are delivered in nontraditional hours and which may be jointly provided in cooperation with another school district or consortia of districts;
(f) Establish online classes within the district for delivering alternative classes in a blended environment to meet high school graduation requirements;
(g) Use a flexible school calendar;
(h) Convert existing schools into schools of innovation; and
(i) Modify the formula under Section 37-151-7 for distributing support education funds for students in average daily attendance in nontraditional programming time, including alternative programs and virtual programs. Funds granted to a district shall not exceed those that would have otherwise been distributed based on average daily attendance during regular instructional days.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.
