Bill Text: MS HB604 | 2010 | Regular Session | Introduced
Bill Title: Mississippi Failing School Recovery Act; enact.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2010-02-02 - Died In Committee [HB604 Detail]
Download: Mississippi-2010-HB604-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Representative Mayo
House Bill 604
AN ACT TO BE KNOWN AS THE "MISSISSIPPI FAILING SCHOOLS RECOVERY ACT"; TO CREATE A NEW PROCESS FOR ESTABLISHING CHARTER SCHOOLS; TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO REQUIRE THE STATE BOARD OF EDUCATION TO IMPLEMENT THE CHARTER SCHOOL PROGRAM AND THE STATE DEPARTMENT OF EDUCATION TO ADMINISTER THE PROGRAM BEGINNING WITH THE 2011-2012 SCHOOL YEAR; TO AUTHORIZE A CHARTER SCHOOL TO BE FORMED BY THE STATE BOARD OF EDUCATION REQUIRING SCHOOLS PLACED IN THE MISSISSIPPI RECOVERY SCHOOL DISTRICT TO BE CONVERTED TO CHARTER STATUS; TO PRESCRIBE THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AS THEY RELATE TO THE ADMINISTRATION OF THIS ACT; TO PRESCRIBE CERTAIN REQUIREMENTS FOR APPLICATIONS FOR CHARTER PUBLIC SCHOOLS; TO PRESCRIBE THE PERIOD OF TIME IN WHICH THE CHARTERING AUTHORITY HAS TO REVIEW AND APPROVE OR DENY AN APPLICATION FOR A CHARTER SCHOOL STATUS; TO PROVIDE EXCEPTIONS TO THE APPROVAL OF AN APPLICATION; TO PRESCRIBE CERTAIN PROCEDURES TO BE FOLLOWED BY THE CHARTERING AUTHORITY UPON REJECTION OF AN APPLICATION; TO STIPULATE THE CONDITIONS UNDER WHICH A CHARTER EXPIRES; TO REQUIRE THE CHARTERING AUTHORITY AND THE GOVERNING OR MANAGEMENT BOARD OF AN APPROVED CHARTER SCHOOL TO EXECUTE A CONTRACT ESTABLISHING ACADEMIC AND PERFORMANCE EXPECTATIONS WITHIN 45 DAYS OF APPROVAL OF THE APPLICATION AND PRESCRIBE WHAT MUST BE CONTAINED THEREIN; TO DESIGNATE THOSE PERSONS WHO MAY FORM A NONPROFIT ORGANIZATION FOR THE PURPOSE OF PROPOSING A CHARTER; TO PRESCRIBE THE GOVERNING AUTHORITY TO WHICH THE PROPOSAL MUST BE MADE; TO REQUIRE THE STATE BOARD OF EDUCATION TO ESTABLISH A TIME LINE TO ACCEPT APPLICATIONS FOR CHARTER SCHOOL STATUS; TO ESTABLISH THE TIME BY WHICH A CHARTER SCHOOL MUST BEGIN OPERATION AFTER FINAL APPROVAL OF THE APPLICATION FOR CHARTER SCHOOL STATUS; TO ALLOW FOR THE RESUBMISSION OF APPLICATIONS THAT ARE NOT APPROVED AND THE PROCEDURES TO BE FOLLOWED FOR RESUBMISSION DURING THE SAME APPROVAL CYCLE; TO PROVIDE THAT A CHARTERING AUTHORITY SHALL NOT APPROVE ANY APPLICATION NOR ALLOW ANY CHARTER SCHOOL TO BE OPERATED BY ANY PERSON WITHOUT THE REQUIREMENTS OF CERTAIN EXPERIENCE AS DETERMINED BY THE STATE BOARD OF EDUCATION; TO REQUIRE CHARTER SCHOOLS TO BE ORGANIZED AS A NONPROFIT ORGANIZATION; TO PRESCRIBE THE PROVISIONS TO BE INCLUDED IN EACH PROPOSED CHARTER REQUIRED BY THE STATE DEPARTMENT OF EDUCATION; TO IMPOSE CERTAIN REQUIREMENTS AND RESTRICTIONS UPON CHARTER SCHOOLS; TO REQUIRE CHARTER SCHOOLS TO HAVE A TRANSPORTATION PLAN; TO REQUIRE PUPILS CHOOSING NOT TO ATTEND THE CHARTER SCHOOL TO BE PERMITTED TO ATTEND THE LOCAL PUBLIC SCHOOL THAT THE PUPIL WOULD OTHERWISE ATTEND IF NOT ENROLLED IN THE CHARTER SCHOOL; TO PROVIDE FOR THE ASSIGNMENT OF ASSETS ACQUIRED BY CHARTER SCHOOLS; TO PRESCRIBE CERTAIN REQUIREMENTS THAT A CHARTER SCHOOL MUST SATISFY IN ORDER TO MAINTAIN ITS CHARTER; TO PROVIDE THAT AN APPROVED CHARTER IS VALID FOR AN INITIAL TERM OF THREE SCHOOL YEARS; TO PROVIDE FOR THE RENEWAL, AMENDING OR REVOCATION OF CHARTERS; TO PRESCRIBE REASONS FOR REVOCATION OF A CHARTER; TO PROVIDE IMMUNITY FROM CIVIL LIABILITY TO THE STATE BOARD OF EDUCATION AND ITS MEMBERS; TO PROVIDE THAT THE CHARTER SCHOOL IS LIABLE FOR ALL LEGAL COSTS FOR LITIGATION TO RECOVER ANY PUBLIC FUNDS PAID TO THE CHARTER SCHOOL; TO REQUIRE CHARTER SCHOOLS TO STIPULATE IN ITS APPLICATION WHICH APPLICABLE EDUCATION STATUTES WILL BE APPLICABLE TO ITS OPERATION; TO PRESCRIBE COMPETENCY REQUIREMENTS TO BE DEMONSTRATED BY PUPILS FOR GRADUATION FROM A CHARTER HIGH SCHOOL; TO REQUIRE CHARTER SCHOOLS TO COMPLY WITH ANNUAL AUDIT AND BUDGET SUBMISSION REQUIREMENTS PRESCRIBED BY LAW IN TITLE 37, MISSISSIPPI CODE OF 1972; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS FOR FINANCIAL REPORTING OF CHARTER SCHOOLS; TO PROVIDE FOR THE EMPLOYMENT OF FACULTY AND STAFF MEMBERS AT CHARTER SCHOOLS; TO GRANT EXCLUSIVE AUTHORITY OVER ALL EMPLOYMENT PRACTICES OF CHARTER SCHOOLS TO THE STATE BOARD OF EDUCATION; TO PERMIT EMPLOYEES OF A LOCAL PUBLIC SCHOOL DISTRICT TO TAKE A LEAVE OF ABSENCE FOR THE PURPOSE OF WORKING AT A CHARTER SCHOOL SUBJECT TO APPROVAL BY THE STATE PERSONNEL BOARD; TO PROVIDE FOR THE PROCEDURES OF REQUESTING, GRANTING AND RETURNING FROM THAT LEAVE; TO PERMIT THOSE EMPLOYEES TO BE ELIGIBLE AND PARTICIPATE IN CERTAIN STATE-FUNDED BENEFIT PROGRAMS; TO PROHIBIT UNLAWFUL REPRISALS AGAINST SCHOOL DISTRICT EMPLOYEES WHO ARE INVOLVED IN AN APPLICATION FOR CHARTER SCHOOL STATUS; TO REQUIRE THE STATE BOARD OF EDUCATION TO SUBMIT AN ANNUAL EVALUATION OF CHARTER SCHOOLS TO THE LEGISLATURE BEGINNING JANUARY 1, 2012; TO PROVIDE FOR STATE AND LOCAL FUNDING OF CHARTER SCHOOLS; TO ESTABLISH THE CHARTER SCHOOLS STIMULUS REVOLVING LOAN FUND IN THE STATE TREASURY TO PROVIDE SUPPORT TO CHARTER SCHOOLS FOR START-UP COSTS; TO AUTHORIZE LOCAL SCHOOL BOARDS TO REFUSE TO ADMIT STUDENTS WHO HAVE BEEN SUSPENDED OR EXPELLED FROM A CHARTER SCHOOL; TO AUTHORIZE THE CONTINUED OPERATION OF CHARTER SCHOOLS ESTABLISHED UNDER THE ORIGINAL CHARTER SCHOOL STATUTES, NOTWITHSTANDING THE REPEAL OF THOSE STATUTES BY OPERATION OF LAW ON JULY 1, 2009; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known as the "Mississippi Failing Schools Recovery Act."
SECTION 2. The Legislature declares that the following are the purposes of this act:
(a) To provide increased opportunities in the public school system for students to learn in an educational environment that best meets their needs;
(b) To close achievement gaps between high performing and low performing groups of public school students;
(c) To provide new forms of accountability for schools;
(d) To encourage increased involvement of parents and teachers in the operation and decision-making of a local public school;
(e) To encourage the use of innovative and effective models of teaching, governing, scheduling and other aspects of schooling; and
(f) To create new professional opportunities for teachers and other school personnel.
SECTION 3. As used in this act, the following words, terms, and phrases shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
(a) "Applicant" means any person, group of persons, organization or public institution that develops and submits an application for a charter school to a chartering authority.
(b) "Application" means a proposal from an applicant to a chartering authority to open a new charter school or to convert an existing public school.
(c) "At-risk pupil" means any pupil about whom at least one (1) of the following is true:
(i) Is eligible to participate in the federal free or reduced lunch program by demonstrating that he or she meets the income requirements established for participation in the program, not necessarily by participating in the program;
(ii) Is under the age of twenty (20) years and has been withdrawn from school before graduation for not less than one (1) semester;
(iii) Is under the age of twenty (20) years and has failed to achieve the required score on any portion of the examination required for high school graduation;
(iv) Is in the eighth grade or below and is reading two (2) or more grade levels below grade level;
(v) Has been identified as an exceptional child as defined in Section 37-23-3, not including gifted and talented; or
(vi) Is the mother or father of a child.
(d) "Charter school" means an existing public school or school district transferred to the Mississippi Recovery School District as provided under Section 37-17-6 and operated under a charter between a nonprofit organization and the State Board of Education. Only pupils who would have been eligible to enroll in or attend the existing school district under the jurisdiction of the local school board before its transfer to the Mississippi Recovery School District may attend. However, those pupils shall be eligible to attend notwithstanding any other provision of this act to the contrary.
(e) "Chartering authority" means the State Board of Education.
(f) "Conversion school" means an existing public school that has been converted to charter status.
(g) "Governing or management board" means the independent board of a charter school, the members of which have been elected or selected in accordance with the school's charter, which is responsible for ensuring the school's compliance with the charter.
(h) "Local school board" means any municipal separate, special municipal, county, consolidated or line consolidated school board.
(i) "Public service organization" means any community-based group of fifty (50) or more persons incorporated under the laws of this state that meets all of the following requirements:
(i) Is organized for a charitable, eleemosynary or philanthropic purpose; and
(ii) Is qualified as a tax-exempt organization under Section 501(c)(3) of the United States Internal Revenue Code.
SECTION 4. Beginning with the 2011-2012 school year, the State Board of Education shall implement the Mississippi Public Charter School Program, which shall be administered by the State Department of Education. Consistent with the provisions of this act, a charter school may be formed by the State Board of Education requiring the automatic conversion of a school or school district placed under the jurisdiction of the Mississippi Recovery School District for a school's or local school district's continuing at-risk of failing or failing status after a two-year period, as provided in Section 37-17-6. The required conversion of an at-risk of failing or failing school or school district by the State Board of Education is applicable only to those schools or school districts failing to show an improvement from the bottom level to the third level on the performance-based accreditation system used by the State Board of Education.
SECTION 5. The State Board of Education may:
(a) Administer loans as provided in Section 20 of this act for assisting in meeting the costs required to establish a charter school as well as the costs of operation.
(b) Enter into any proposed charter that complies with this act and the rules adopted under the authority of this act and that the board determines is a valid, complete, financially well-structured and educationally sound proposal that offers potential for fulfilling the purposes of this act.
(c) Adopt, under the Administrative Procedures Act, any rules the board determines are necessary to efficiently, effectively and fairly undertake its duties relating to the administration of this act.
(d) Review each proposed charter in a timely manner and in the order in which submitted and determine whether each proposed charter complies with the law and rules, whether the proposal is valid, complete, financially well-structured and educationally sound and whether it offers potential for fulfilling the purposes of this act.
(e) Determine the policy and provide direction to the State Department of Education for providing the oversight of the operation of charter schools chartered with the board.
(f) Upon the request of any local school district with fewer than five thousand (5,000) students, require the State Department of Education to provide technical assistance to the district in determining the potential financial impact of any proposed charter school on the operation of that district.
SECTION 6. (1) An application for a charter school must be submitted to the chartering authority before July 1 in the calendar year preceding the first school year the school intends to open.
(2) The application must include the following:
(a) Assurances that the school will meet the requirements specified in Sections 7 and 11 of this act;
(b) Evidence that the applicant has the experience and competence to operate a school as required under Section 9(6) of this act;
(c) A description of the grade level or levels to be served in the initial year of operation. A charter school must provide a comprehensive program of instruction for at least one (1) complete grade level of kindergarten, elementary or secondary education. A school may add a grade level or levels beyond the level or levels identified in the application if notice is given in a manner prescribed in the contract that is executed following approval of the application;
(d) A description of the features of the school that differ from the public schools in the school district or area to be served by the charter school. A school may offer a program of instruction based on a specific learning philosophy, teaching style, governing structure, subject area emphasis or other elements;
(e) A description of the governing or management board that is responsible for the policy and operational decisions of the charter school, a description of the method by which members of that body will be elected and the method by which fairness and objectivity of those elections will be assured. However, no member of the management board shall have served in any capacity as an administrator or board member of a private or parochial school within the last ten (10) years before July 1, 2011;
(f) A description of the objective method or methods that will be used to measure student progress. The method or methods must include, at a minimum, the tests used by the State Department of Education to determine the accreditation level of all public schools and school districts;
(g) A description of the school's plan to provide reasonable public notice of the existence, nature and enrollment application requirements of the charter school. This notice must include at least one (1) informational meeting to which the public is invited. Local school districts shall provide reasonable assistance, if requested by the school, in providing notice in their districts. The expenses incurred by a local school district in providing the requested assistance must be paid by the charter school; and
(h) Any other matters that the chartering authority and applicant agree to include. Failure to agree on any additional matters shall not constitute grounds for rejection of a charter application.
SECTION 7. (l) (a) The chartering authority must review and provide an initial response to each proposed charter within forty-five (45) days of its submission and in the order in which submitted. In performing the review, the State Board of Education shall determine whether each proposed charter is in compliance with its rules, and whether the proposal is valid, complete, financially well-structured and educationally sound.
(b) The initial review and response by the chartering authority does not require final approval or disapproval of the charter school proposal within forty-five (45) days, but within the time that the State Board of Education may indicate whether it is interested in working with the nonprofit organization on its proposal and what specific time line and procedures the State Board of Education will follow before coming to a final decision. However, the final decision must be made within ninety (90) days after the submission of the proposal. The response may be in the form of approval of the application as submitted, rejection, or approval of the application subject to negotiation, which negotiation must be conducted in good faith.
(2) An application for a charter may be approved unless:
(a) The application does not contain all items required by this act; or
(b) The chartering authority determines that the applicant is incompetent to carry out one (1) or more of the plans described in the application, in which case the incompetence must be documented by the chartering authority.
(3) If an application for a charter is rejected, the chartering authority must provide written notice to the applicant of the basis for the rejection. If the application is rejected on the basis of incompetence, the notice to the applicant must include the chartering authority's documentation of the incompetence.
(4) The State Department of Education must provide technical assistance to an applicant whose application has been rejected.
(5) A charter expires when the school authorized by the charter ceases to operate as a charter school, whether the cessation is due to revocation of the charter under the provisions of Section 12 of this act or by nonrenewal of the contract. A charter for a school that fails to open in a timely manner expires at the end of the time approved under Section 9 of this act for the opening of the school.
(6) Local school boards shall make available to charter schools any vacant school facilities or any facility slated to be vacant for lease or purchase at fair market value as determined by the average of at least two (2) appraisals by qualified appraisers who shall be selected by the State Board of Education, which costs shall be paid, one (1) by the charter school and one (1) by the local school board leasing the facilities. All property within the existing school shall also be made available to the charter school under similar terms. If the facilities were constructed at no cost to the local school board, then the facilities including all equipment, books, instructional materials, and furniture within the facilities shall be provided to the charter school at no cost. The provisions of this subsection do not prohibit a charter school from purchasing or leasing new facilities.
SECTION 8. (1) Within forty-five (45) days of approval of the application, the chartering authority and the governing or management board of the approved charter school shall execute a contract that includes provisions establishing the academic and operational performance expectations for the school and the administrative relationship between the chartering authority and the school. The performance expectations must include, but need not be limited to, applicable federal and state accountability requirements. A charter school may not begin operations without a contract executed according to this section.
(2) The contract must include the following:
(a) A description of the grade level or levels to be offered by the school for each year of the contract;
(b) A description of the program of instruction. A charter school must provide a comprehensive program of instruction for at least one (1) complete grade level of kindergarten, elementary or secondary education. If the school is a high school, the program of instruction must require students to earn the minimum number of units required for graduation from public high schools by the State Board of Education in order to be eligible for graduation. However, the State Board of Education may grant an exemption from this requirement when there is a compelling reason for an exemption based on the unique circumstances of the school;
(c) A description of the administrative or other services, if any, that the district will provide for the school; however, a charter school may not be required to purchase services from its chartering authority as a condition of executing a charter contract;
(d) A description of the school's plan for transporting students;
(e) A description of the school's plan for handling disruptive students;
(f) A description of the types and amount of insurance coverage, including bonding insurance for the principal officers of the school, to be obtained by the school;
(g) Any other matters necessary to ensure compliance with the charter; and
(h) Any other matters that the chartering authority and charter school agree to include in the contract. Failure to agree on additional matters may not constitute grounds for refusal to execute the remaining provisions of the contract.
(3) A budget encompassing all items necessary for operating the school, based on one (1) or more projections of the number of students the school anticipates serving in the year for which the budget is prepared, must be submitted to the chartering authority by the school on an annual basis in accordance with Section 37-61-9, and may not be revised by the chartering authority unless the information in the budget indicates a violation of the contract, this act or any other law.
(4) Provisions of the contract may be amended at any time by agreement between the charter school and the chartering authority.
SECTION 9. (1) Any of the following may form a nonprofit organization for the purpose of proposing a charter as provided in this section, provided that the group submitting the charter school proposal includes three (3) or more persons holding a valid and current Mississippi teacher's license:
(a) A group of three (3) or more teachers;
(b) A group of ten (10) or more citizens who are not affiliated with a private or parochial school;
(c) A public service organization;
(d) A business or corporate entity registered to do business in Mississippi;
(e) A Mississippi college or university under the authority of the Board of Trustees of State Institutions of Higher Learning;
(f) The faculty and staff of any local public school or any local school board; or
(g) The State Department of Education, subject to the approval of the State Board of Education.
(2) All proposals for a charter school shall be made to the State Board of Education, and those proposals may be considered by the board only upon the recommendation of the State Department of Education as the administering agency of the Mississippi Recovery School District.
(3) (a) The State Board of Education shall establish the time line during which it will accept applications for charters. The board shall review and take action on every application it receives. However, the board shall not approve any charter application before May 1 of each year.
(b) Each proposal received by the State Board of Education shall be carefully reviewed and may be approved only after there has been a specific determination by the board that the proposed school will be operated in compliance with all applicable state and federal laws, rules and regulations, that the accounting and financial practices to be used are sound and in accordance with generally accepted standards for similar entities, and that the educational program to be offered will comply with all requirements of this act and be based on generally accepted education research findings applicable to the pupils to be served.
(4) (a) A charter school shall begin operation not later than twenty-four (24) months after the final approval of the charter, unless the charter school is engaged in desegregation compliance issues, in which case the charter school shall begin operation not later than thirty-six (36) months after the final approval of the charter. If operation does not occur, the charter for that school shall be automatically revoked, although a new charter may be proposed.
(b) Any proposal that is submitted to but not approved by the State Board of Education may be resubmitted during the same approval cycle after significant revision. However, if a proposal is not approved by the State Board of Education within the same approval cycle, then the proposal may be submitted for consideration during the next approval cycle to the State Board of Education.
(c) A charter school, once approved, may begin operation only in August or September of a given year; however, the charter school may not begin operation sooner than eight (8) months after the approval is granted.
(5) Each approved charter may be approved subject to whatever other resolutory or suspensive conditions the chartering authority requires, provided that those entering into the charter agree with the conditions.
(6) No proposal for operating a charter school shall be approved nor shall a charter school be operated by any person, whether a natural person or artificial entity, who or that has less than five (5) years of significant experience, as determined by the State Board of Education, operating or working for or with a person who operates a public, private or charter school, a public or private postsecondary institution, or a for-profit business or a nonprofit entity that provides academic instruction to students. Any person approved to operate a charter school must demonstrate to the State Board of Education, through evidentiary documentation, the proven ability to improve the accreditation level and accountability of underperforming or failing schools.
SECTION 10. A charter school approved and established in accordance with the provisions of this act shall be organized as a nonprofit organization under applicable state and federal laws.
(b) If a charter school is established with a governing or management board, the members of that board shall receive no compensation other than reimbursement of actual expenses incurred while fulfilling duties as a member of the board.
(c) A charter school shall be prohibited from employing, in any manner, any member of the governing or management board of the charter school, or any person who served in any capacity as an administrator or board member of a private or parochial school within the last ten (10) years before July 1, 2011.
(2) A charter school and its officers and employees may exercise any power and perform any function necessary and proper for the management of the charter school not denied by its charter, the provisions of this act, or other laws applicable to the charter school.
(3) The State Department of Education shall require that each proposed charter contain or make provision for the following:
(a) The percentage of the total number of pupils enrolled in and in attendance at the charter school who are at risk shall be equal to not less than the percentage of the total of pupils enrolled in and in attendance at the school in the school year before the establishment of the charter school who were eligible to participate in the federal free and reduced cost lunch program, unless otherwise agreed to as part of the charter agreement by the chartering authority.
(b) A statement of the school's role, scope, and mission.
(c) Admission requirements, if any, that are consistent with the school's role, scope and mission may be established. The admission requirements shall be specific and shall include a system for admission decisions that precludes exclusion of pupils based on race, religion, gender, ethnicity, national origin, intelligence level as ascertained by an intelligence quotient examination, or identification as an exceptional child as defined in Section 37-23-3.
(d) A description of the jurisdiction within which a pupil must reside or otherwise be eligible to attend a local public school in order to be eligible for admission.
(e) A financial and accounting plan sufficient to permit a governmental audit.
(f) A description of how the proposed charter school fulfills one or more of the purposes specified in this act.
(g) A description of the education program offered by the school and how specifically that program will meet the needs of the at-risk pupils to be served.
(h) The specific academic and other educational results to be achieved, the time lines for the achievement of those results, and how those results will be measured and assessed.
(i) An agreement to provide a report at the end of each semester to parents of pupils enrolled in the school, the community, the local school board and the State Board of Education indicating progress toward meeting the academic and financial accountability performance objectives as stated in the charter.
(j) The organizational, governance, and operational structure of the school. Any qualifications required of charter school administrators and governing or management board members shall be as prescribed in the charter school agreement.
(k) Policies, programs, and practices to ensure parental involvement.
(l) The manner in which teachers and other school employees will be evaluated.
(m) School rules and regulations applicable to pupils including disciplinary policies and procedures.
(n) Information concerning the school location and the adequacy of its facilities and equipment. The information shall include a statement of the procedures to be followed and disposition of facilities and equipment if the charter is terminated or not renewed.
(o) Management and accounting practices to be employed.
(p) Provisions regarding liability issues.
(q) Types and amounts of insurance coverage provided.
(r) The methods and procedures to be used for monitoring the charter school by the chartering authority. Those methods and procedures must be established through agreement by all parties and must include the right of the chartering authority and its designated officer to visit and inspect the charter school on a reasonable basis.
(s) A requirement that the curriculum will be focused on the intellectual domain with intellectual development defined as acquisition of discrete technical and academic skills. No curriculum at a charter school shall be offered that would limit in any way the ability of a pupil to attend the school in the local public school system that the student would otherwise attend if not enrolled at the charter school.
(t) A requirement that the charter school regularly assess the academic progress of pupils, including the participation of those pupils in any state assessment program, and share that information with parents. The State Department of Education shall work directly with each charter school regarding the implementation of the state assessment program in those schools.
(u) A requirement that a pupil must have a mastery of grade-appropriate skills before the pupil may be recommended for promotion or promoted to the next grade level.
(v) Provisions regarding the security of the school.
(4) A charter school shall:
(a) Enroll any eligible pupil who is eligible under the residency requirements established in the charter as required in subsection (3)(d) of this section and who submits a timely application, unless the total number of eligible applicants exceeds the capacity of a program, class, grade level or school.
(b) Not admit any pupil during the application period, but shall wait until the period has ended. If fewer eligible pupils have applied than is the maximum the school can admit, then all eligible pupils shall be admitted and additional pupils may apply and be admitted for the school year to which the application period applies until the maximum number is admitted, except as is necessary to meet the requirements of subsection (3)(a) of this section. If the total number of eligible applicants exceeds the capacity of a program, class, grade level or school, then admission to the program, class, grade level or school shall be based on an admissions lottery conducted from among the total number of eligible applicants done in a fashion as to assure compliance with subsection (3)(a) of this section.
(c) Give preference to pupils enrolled in an existing school converted to a charter school over all other applicants who reside in the jurisdiction of the local public school district in which the charter school is located, and the applications procedure shall be established in a fashion that provides ample opportunity for those pupils to exercise the right for preferential admission.
(d) Modify its enrollment procedures for the second year of operation and thereafter, in order to give preference to students previously enrolled in the school and their siblings, as long as there is compliance with the provisions of subsection (3) of this section.
(e) Not enroll in any given year more than one hundred twenty percent (120%) of the total number of students that had been approved in the charter without formally amending the charter, unless otherwise provided for within the charter.
(f) Conduct the pupil assessments required by the State Board of Education for pupils in other public schools implemented under the permanent performance-based accreditation system as authorized by Section 37-17-6.
(g) Be subject to any court-ordered desegregation plan in effect for the local school district.
(h) Be nonsectarian in its programs, admissions policies, and employment practices.
(i) Have not less than the percentage of teachers certified by the State Department of Education than was the case in the school before its transfer to the Mississippi Recovery School District.
(j) Beginning no later than the second school year of operation, have a teacher certified by the State Department of Education teaching every core subject, as defined by the State Board of Education.
(5) (a) A charter school may negotiate with the local school board in whose jurisdiction it is located for the use of facilities and the operation and maintenance thereof, for pupil transportation, and for other support services provided by the board to other public schools in the local school district.
(b) If the local school board is requested to provide transportation services to a charter school student, then the charter school receiving the transportation services shall reimburse the local school board for the actual cost of providing the transportation.
(c) Providing transportation services under the provisions of paragraph (b) of this subsection and the amount reimbursed to the local school board by a charter school for those services shall be in accordance with a written agreement entered into for this purpose by the charter school and the local school board before any transportation services are provided by the local school board for students at the charter school.
(d) By not later than ninety (90) days following the end of each fiscal year, the local school board must provide the charter school with an itemized accounting of the actual cost of transportation services provided to the charter school students.
(e) If the charter chooses to provide independent transportation services to a charter school student, rather than request those services be provided by the local school board, the charter school must comply with all statutes governing the transportation of pupils required of public school districts under Section 37-41-1, et seq.
(6) A charter school shall not:
(a) Be supported by or affiliated with any religion or religious organization or institution;
(b) Result from the conversion of any private or parochial school or any home school program;
(c) Charge any pupil any tuition or an attendance fee of any kind;
(d) Discriminate among potential employees, employees or pupils in violation of any state or federal law;
(e) Hire as a teacher, substitute teacher, bus driver, substitute bus driver, janitor, or a school employee who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school children, who would not be hired in those capacities under Section 37-9-17(2) and (3).
(7) Any pupil enrolled in a charter school who decides not to attend the charter school shall be permitted by the local school board to attend the local public school that the pupil would otherwise attend if not enrolled at the charter school.
(8) Any assets acquired by a charter school are the property of that charter school for the duration of that school's charter agreement. If the charter agreement of a charter school is revoked or the school otherwise ceases to operate, all assets purchased with any public funds become the property of the chartering authority. Charter schools shall maintain records of any assets acquired with any private funds that remain the property of the nonprofit organization operating the charter school.
SECTION 11. In order for a school to maintain its charter, the school must satisfy the following requirements:
(a) The school must maintain substantial compliance with the terms of the contract related to academic progress and financial accountability;
(b) The school may not charge tuition or other fees except under the same conditions in which tuition or fees are allowed by law to be charged by public school districts;
(c) The school may not limit admission to students on the basis of ethnicity, national origin, income level, disabling condition, athletic ability, intellectual ability or measure of achievement, except to restrict admissions to the grade level or levels served by the school;
(d) The school must meet all applicable health, safety and civil rights requirements;
(e) The school must comply with the same financial audit requirements as public school districts;
(f) The school must be nonsectarian in its programs, admission policies and employment practices;
(g) The school must comply with all federal and state laws relating to the education of children with disabilities; and
(h) The school must issue annual reports to parents of students in the school, the chartering authority and the State Department of Education. These reports must be available to the public and must include the following:
(i) Average daily attendance, demographic information and other student information required to be reported by other public schools in the state;
(ii) Number and average salary information of teachers and administrators;
(iii) Financial statements reflecting the income and expenses of the school;
(iv) A description of the school's progress in reaching academic and other goals identified in the charter and the contract;
(v) A statement of assurance that the school is in compliance with paragraphs (a) through (g) of this section;
(vi) An objective measurement of parental satisfaction; and
(vii) Other items stipulated in the contract between the chartering authority and the school.
SECTION 12. (1) Unless revoked as provided for in subsection (3) of this section, an approved school charter shall be valid for an initial period of three (3) years, contingent upon the results of the reporting requirements at the end of each year as provided in Section 18(1) of this act, and may be renewed for additional periods of three (3) years after thorough review by the State Board of Education of the charter school's operations and compliance with charter requirements. The process for renewing a school charter shall be the same as for initial charter approval, with a written report being provided annually to the chartering authority regarding the school's academic progress and financial management that year. Under subsection (3) of this section and using the annual review process, a charter may be revoked for failure to meet agreed-upon academic results as specified in the charter.
(2) After approval, a school charter may be amended by the chartering authority by an affirmative vote of at least a majority of the membership of the chartering authority when the amendment is proposed by the charter school's governing or management board and the amendment will better permit the charter school to achieve its stated objectives. No amendment shall be the basis of extending the duration of the original charter.
(3) A school charter may be revoked by an affirmative vote of a majority of the members of the State Board of Education, upon a determination that the charter school or its officers or employees did any of the following:
(a) Committed a material violation of any of the conditions, standards or procedures provided for in the approved charter;
(b) Failed to meet or pursue within the agreed time lines any of the academic and other educational benchmarks specified in the approved charter;
(c) Failed to meet generally accepted accounting standards of fiscal management; or
(d) Violated any provision of law applicable to a charter school or its officers or employees.
(e) Failed to meet all applicable school safety requirements, as required of local public school districts under Section 37-3-83.
SECTION 13. The State Board of Education and its members individually are immune from civil liability for any damages arising with respect to all activities related to the operation of a charter school that they may authorize as a chartering authority, except as is otherwise specifically provided in a charter.
SECTION 14. If litigation is necessary to recover any public funds paid to a charter school under authority of this act, the charter school shall be liable for all court costs, attorney fees, and expenses.
SECTION 15. (1) Except as otherwise provided under subsection (2) of this section, any school chartered under this act shall stipulate in its application for charter status which statutes applicable to the public schools and the rules, regulations, policies and procedures of the State Board of Education will be applicable to its operation. A charter school must comply with general health and safety standards.
(2) Charter schools are not exempt from the following statutes:
(a) Section 37-9-75, which relates to teacher strikes;
(b) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school;
(c) Section 37-11-21, which prohibits parental abuse of school staff;
(d) Section 37-11-23, which prohibits the willful disruption of school and school meetings;
(e) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property; and
(f) Section 37-19-53, which prohibits false reporting of student counts by school officials.
(3) A charter school established and operated in accordance with the provisions of this act shall comply with state and federal laws and regulations otherwise applicable to public schools with respect to civil rights and individuals with disabilities. A charter school shall be considered the local education agency for the purposes of any special education funding or statutory definitions.
(4) To graduate from a charter high school, pupils must be able to demonstrate competency in the content of every course required for high school graduation. The State Board of Education shall provide by rule how to determine that those competencies have been acquired. In addition, any examination required by the State Board of Education or by law as a requirement for graduation from public high schools shall apply to pupils at charter high schools. Charter schools choosing to have students demonstrate course competencies in a manner different from the traditional Carnegie unit approach where students take specific courses shall describe in its charter proposal how the school plans to work with the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges regarding the acceptance of the competencies by the postsecondary institutions under their respective jurisdictions.
(5) Notwithstanding any other provision of law to the contrary, a charter school established and operated in accordance with the provisions of this act shall be subject to the annual audit required under Section 37-9-18.
(6) Each charter school shall submit its budget directly to the State Board of Education annually.
(7) The State Board of Education shall adopt rules and regulations for prescribing forms and practices for budgeting, accounting and financial reporting, both interim and annual, for charter schools.
SECTION 16. (1) (a) Consistent with the policies and procedures implemented by the State Board of Education, the governing or management board of any charter school may employ any faculty and staff members as it deems necessary. All potential charter school employees shall be notified of the specific benefits they will be offered, as specified in the school's charter agreement.
(b) The State Board of Education shall have exclusive authority over all employment practices decisions at the charter schools. However, as provided for in the charter, the State Board of Education may enter into a contract with a nonprofit organization to manage the charter school and may delegate to the nonprofit organization any authority over employment decisions at the charter school as the nonprofit organization deems necessary and proper. Any delegation of this authority must be specifically delegated in the charter.
(2) Subject to approval by the state Personnel Board, employees employed by any charter school who, before gaining employment in the charter school, were employees of a local school board shall, if the employees desire, may be placed on leave of absence under subsection (3) of this section. However, for the duration of the leave, each employee shall contribute to and be eligible for the Public Employees' Retirement System and the State and School Employees Life and Health Insurance Plan.
(3) (a) A local school board may grant a leave of absence, not to exceed three (3) years, to any employee in its school system requesting a leave of absence in order to be employed in a charter school.
(b) At the end of the first year of leave authorized by this subsection, an employee may return to his or her former teaching position with the local school board.
(c) At the end of the second year of leave authorized by this subsection, an employee may make a written request to the local school board to return to the local school district to a comparable position from which the leave was granted. Upon receipt of the request for return, the employee may be permitted to return to a comparable position.
(d) Except as otherwise provided by paragraph (e) of this subsection, at the end of the third year of leave authorized by this subsection, an employee shall either make a written request to the local school board to return to the local school district in a comparable position, if a position is available, or resign from the position from which the leave was granted. Any employee requesting to return to the local school district in a comparable position may be permitted to return.
(e) Any employee granted a three-year leave of absence under the provisions of paragraph (a) of this subsection and who would otherwise be required to take either of the actions specified in paragraph (d) of this subsection relative to returning to or resigning from the school system granting leave may request, in lieu of taking any action specified in paragraph (d) of this subsection, an additional leave of absence from the local school board not to exceed two (2) years. The request for additional leave shall be made in the same manner and in accordance with the same time line as applicable to a request to return to the school system. However, a request for additional leave under the provisions of this paragraph shall be submitted to and granted by the State Board of Education upon approval by the State Personnel Board.
(f) At the end of the additional leave period authorized by paragraph (e) of this subsection, an employee shall either make a written request to the local school board to return to the local school district in a comparable position, if one is available, or resign from the position from which the leave was granted. Any employee requesting to return to the local school district in a comparable position may be permitted to return.
(4) The local school board may require that any request to return to the local school district be made at least ninety (90) days before the employee would otherwise have to report for duty.
(5) (a) Notwithstanding any provision of law, rule or regulation to the contrary, upon the return of a teacher to the local school district, the teacher shall retain permanent status gained in the public school system before the leave authorized by this section even if the teacher is terminated by the charter school.
(b) Upon the return of an employee to the local school district, the employee shall not lose any right of retirement or salary status or any other benefits to which the employee would have been entitled if he or she had not taken a leave of absence to teach in a charter school.
(6) Each local school board shall permit any employee granted leave under subsection (3) of this section to continue to participate in any group insurance program in which he was otherwise entitled to participate subject to the same conditions and costs.
(7) The State Board of Education may contract with any charter school to provide all or any portion of the faculty and staff of the charter school. In that case, the faculty and staff members shall be employees of the State Board of Education or local school board for the purpose of receiving the same state-funded benefits as other employees, as authorized in subsection (2) of this section, except as otherwise specified in the charter.
(8) The State Board of Education may have complete and exclusive control over all decisions regarding assignment, responsibilities and conduct as those decisions relate to any person's employment with a charter school.
(9) The State Board of Education may determine whether the members of the faculty and staff of the charter school are required to participate in any assessment and evaluation program required by the State Department of Education.
SECTION 17. (1) A local school district, local school district employee or any other person who has control over personnel actions may not take unlawful reprisal against an employee of the local school district because the employee is directly or indirectly involved in an application to establish a charter school. A local school district employee may not take unlawful reprisal against an educational program of the school or the local school district because an application to establish a charter school proposes the conversion of all or a portion of the educational program to charter status.
(2) As used in this section, the term "unlawful reprisal" means:
(a) With respect to a local school district employee, an action that is taken by another local school district employee as a direct result of a lawful application to establish a charter school and that is adverse to the employee and results in one or more of the following for the employee:
(i) Disciplinary or corrective action;
(ii) Detail, transfer or reassignment;
(iii) Suspension, demotion or dismissal;
(iv) An unfavorable performance evaluation;
(v) A reduction in pay, benefits or awards;
(vi) Elimination of the employee's position without a reduction in force by reason of lack of monies or work; or
(vii) Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification; and
(b) With respect to an educational program, an action that is taken by a local school district employee as a direct result of a lawful application to establish a charter school and that is adverse to the educational program and results in one or more of the following:
(i) Suspension or termination of the program;
(ii) Transfer or reassignment of the program to a less favorable department;
(iii) Relocation of the program to a less favorable site within the school or school district; or
(iv) Significant reduction or termination of funding for the program.
SECTION 18. (1) Each charter school shall provide a comprehensive report to the State Board of Education at the end of each year. If the charter school is achieving its stated goals and objectives under its approved charter, then the chartering authority shall continue the duration of the charter for an additional year of the initial charter period as provided in Section 12 of this act.
(2) The State Board of Education shall review information regarding the laws, regulations and policies from which charter schools were exempt under this act to determine if the exemptions assisted or impeded the charter schools in meeting their stated goals and objectives.
(3) Beginning January 1, 2012, and every year thereafter, State Board of Education shall make reports to the Governor and to the Senate and House Committees on Education on its initial findings including recommendations to modify, expand, or terminate the charter school program.
(4) In preparing the report required by this section, the State Board of Education shall compare, to the extent statistically possible, the performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other schools who are enrolled in academically comparable courses, including a fiscal and programmatic analysis based on the total per pupil funding in each charter school in relation to the total per pupil finding in the respective local public school system that has been invested in instruction.
SECTION 19. (1) A charter school's funding shall be based on the number of students enrolled in and in attendance at the school.
(2) A charter school student shall be included in the average daily attendance reports of the local school district in which the student resides. The State Board of Education shall define the means by which a charter school must verify the residency and attendance of a student at the school and the means by which the charter school must notify the district of the student's attendance at the school.
(3) Funding from the state for a charter school student, including transportation funds, shall be distributed to the local school district in which the student resides as if the student were attending any other public school in that district.
(4) For each student enrolled, the charter school shall request from the school district in which the student resides, and the district shall distribute to the school, an amount equal to the local and state portion of the per pupil expenditures in the student's home district two (2) school years preceding the school year being funded. In addition, federal funds to the school shall be distributed by the school district as dictated by federal law.
(5) A school district shall remit requested funds in a timely fashion, as defined by the State Board of Education. When contributions are not forwarded in a timely manner, the state shall assess a ten percent (10%) penalty payable to the charter school for failure to forward the contribution.
(6) A charter school may receive gifts and grants from any public or private source, except religious or sectarian organizations.
(7) To cover its costs in overseeing charter schools in accordance with this act, the chartering authority may retain an oversight fee from each charter school it authorizes. The oversight fee shall be one percent (1%) of the state and local per pupil funding allocated to the school. The oversight fee may not include any costs incurred in delivering services that a charter school may purchase from the chartering authority, in its discretion.
SECTION 20. (1) There is established in the State Treasury a fund to be known as the "Charter Schools Stimulus Revolving Loan Fund." The purpose of the fund is to provide financial support to charter school applicants and charter schools for conversion costs and costs associated with renovating or remodeling existing buildings and structures. The fund shall consist of monies obtained from grants from the federal government, funds appropriated by the Legislature, repaid loans from borrowers and grants, gifts, devises and donations from any public or private source. The State Board of Education shall administer the fund and may apply for any grants from the federal government or private sources.
(2) The State Board of Education shall adopt rules and regulations necessary for the implementation of this section, including application and notification requirements. If sufficient funds are available for this purpose, monies from the Charter Schools Stimulus Revolving Loan Fund will be distributed to qualifying charter school applicants and charter schools in the following manner:
(a) Each qualifying charter school applicant or charter school will be awarded an initial loan of not more than Fifty Thousand Dollars ($50,000.00) before or during the first year of the school's operation. This loan must be repaid over a period of no more than five (5) years. If an applicant receives an initial loan under this paragraph and fails to begin operating a charter school within the time required under Section 9(4) of this act, the applicant must reimburse the Charter Schools Stimulus Revolving Loan Fund for the amount of the initial loan plus interest calculated at a rate of ten percent (10%) per year in addition to the automatic revocation of its charter.
(b) Applicants for charter schools and charter schools that receive initial loans under paragraph (a) of this subsection may apply for an additional loan of not more than Fifty Thousand Dollars ($50,000.00). This loan must be repaid over a period of no more than five (5) years. If an applicant for a charter school receives an additional loan under this paragraph and fails to begin operating a charter school within the time required under Section 9(4) of this act, the applicant must reimburse the Charter Schools Stimulus Revolving Loan Fund for the amount of the additional loan, plus interest calculated at a rate of ten percent (10%) per year in addition to the automatic revocation of its charter. A reimbursement required by this paragraph is in addition to any reimbursement required under paragraph (a) of this subsection.
SECTION 21. Notwithstanding any law to the contrary, the State Board of Education shall establish the procedure to be used in deciding whether to admit any student who is suspended or expelled from a charter school due to actions that would lead to suspension or expulsion from a school in a local school district until the period of suspension or expulsion has expired.
SECTION 22. Any charter school that is operating under the terms of a charter granted under the authority of Sections 37-28-1 through 37-28-21, which were repealed by operation of law on July 1, 2009, may continue to operate under the terms of that charter for the duration of its term, notwithstanding the repeal of Sections 37-28-1 through 37-28-21.
SECTION 23. This act shall take effect and be in force from and after July 1, 2010.
