MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Representative Arnold
AN ACT TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, TO REVISE THE MISSISSIPPI ACCOUNTABILITY RATING SYSTEM FOR SCHOOLS AND SCHOOL DISTRICTS; TO ABOLISH THE "A," "B," "C," "D" AND "F" SYSTEM OF RATINGS AND REPLACING IT WITH A SIMPLE ZERO TO ONE THOUSAND POINTS SYSTEM DESIGNATION; TO AMEND SECTIONS 37-19-10, 37-17-13, 37-17-15, 37-17-17, 37-7-315.1 AND 37-9-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-17-6, Mississippi Code of 1972, is amended as follows:
37-17-6. (1) The State Board of Education, acting through the Commission on School Accreditation, shall establish and implement a permanent performance-based accreditation system, and all noncharter public elementary and secondary schools shall be accredited under this system.
(2) No later than June 30, 1995, the State Board of Education, acting through the Commission on School Accreditation, shall require school districts to provide school classroom space that is air-conditioned as a minimum requirement for accreditation.
(3) (a) Beginning with the 1994-1995 school year, the State Board of Education, acting through the Commission on School Accreditation, shall require that school districts employ certified school librarians according to the following formula:
Number of Students Number of Certified
Per School Library School Librarians
0 - 499 Students 1/2 Full-time Equivalent
Certified Librarian
500 or More Students 1 Full-time Certified
Librarian
(b) The State Board of Education, however, may increase the number of positions beyond the above requirements.
(c) The assignment of certified school librarians to the particular schools shall be at the discretion of the local school district. No individual shall be employed as a certified school librarian without appropriate training and certification as a school librarian by the State Department of Education.
(d) School librarians in the district shall spend at least fifty percent (50%) of direct work time in a school library and shall devote no more than one-fourth (1/4) of the workday to administrative activities that are library related.
(e) Nothing in this subsection shall prohibit any school district from employing more certified school librarians than are provided for in this section.
(f) Any additional millage levied to fund school librarians required for accreditation under this subsection shall be included in the tax increase limitation set forth in Sections 37-57-105 and 37-57-107 and shall not be deemed a new program for purposes of the limitation.
(4) On or before December 31, 2002, the State Board of Education shall implement the performance-based accreditation system for school districts and for individual noncharter public schools which shall include the following:
(a) High expectations for students and high standards for all schools, with a focus on the basic curriculum;
(b) Strong accountability for results with appropriate local flexibility for local implementation;
(c) A process to implement accountability at both the school district level and the school level;
(d) Individual schools shall be held accountable for student growth and performance;
(e) Set annual performance standards for each of the schools of the state and measure the performance of each school against itself through the standard that has been set for it;
(f) A determination of which schools exceed their standards and a plan for providing recognition and rewards to those schools;
(g) A determination of
which schools are failing to meet their standards and a determination of the appropriate
role of the State Board of Education and the State Department of Education in providing
assistance and initiating possible intervention. A failing district is a district
that fails to meet both the absolute student achievement standards and the rate
of annual growth expectation standards as set by the State Board of Education for
two (2) consecutive years. The State Board of Education shall establish the level
of benchmarks by which absolute student achievement and growth expectations shall
be assessed. In setting the benchmarks for school districts, the State Board of
Education may also take into account such factors as graduation rates, dropout rates,
completion rates, the extent to which the school or district employs qualified teachers
in every classroom, and any other factors deemed appropriate by the State Board
of Education. The State Board of Education, acting through the State Department
of Education, shall apply a simple * * * zero (0) to one thousand (1,000) points system
designation to the current school and school district statewide accountability performance
classification labels beginning with the State Accountability Results for the * * * 2024-2025 school year and
following, and in the school, district and state report cards required under state
and federal law. Under the new designations, a school or school district that has:
(i) * * * Been
designated an "A" school or school district shall have a points assignment of:
1. Greater than six hundred sixty-eight (668) points for school districts;
2. Greater than four hundred forty-two (442) points on a scale of seven hundred (700) points for elementary and middle schools; and
3. Greater
than seven hundred fifty-four (754) points on a scale of one thousand (1,000) points
for high schools; * * *
(ii) Been designated
a "B" school or school district; a school or school district * * *
shall have a points assignment of:
1. Greater than five hundred ninety-nine (599) points for school districts but less than six hundred sixty-eight (668) points;
2. Greater than three hundred seventy-seven (377) points on a scale of seven hundred (700) points for elementary and middle schools, but less than four hundred forty-two (442) points; and
3. Greater than six hundred forty-eight (648) points on a scale of one thousand (1,000) points for high schools, but less than six hundred forty-eight (648) points;
(iii) Been designated
a "C" school or school district; a school or school district * * * shall have a points assignment of:
1. Greater than five hundred thirty-six (536) points for school districts, but less than five hundred ninety-nine (599) points;
3. Greater than five hundred eighty-four (584) points on a scale of one thousand (1,000) points for high schools, but less than five hundred eighty-four (584) points;
(iv) Been designated
a "D" school or school district; a school or school district; and * * * shall
have a points assignment of:
1. Greater than four hundred eighty-nine (489) points for school districts, but less than five hundred thirty-six (536) points;
2. Greater than two hundred sixty-nine (269) points on a scale of seven hundred (700) points for elementary and middle schools, but less than three hundred twenty-eight (328) points; and
3. Greater than five hundred ten (510) points on a scale of one thousand (1,000) points for high schools, but less than five hundred eighty-four (584) points; and
(v) Been designated * * * a "F" school or school district
shall have a points assignment of:
1. Less than four hundred eighty-nine (489) points for school districts;
2. Less than two hundred sixty-nine (269) points on a scale of seven hundred (700) points for elementary and middle schools; and
3. Less than five hundred ten (510) points on a scale of one thousand (1,000) points for high schools.
Effective with the implementation
of any new curriculum and assessment standards, the State Board of Education, acting
through the State Department of Education, is further authorized and directed to
change the school and school district accreditation rating system to a simple * * * zero (0) to one thousand (1,000) points system
designation based on a combination of student achievement scores and student growth
as measured by the statewide testing programs developed by the State Board of Education
pursuant to Chapter 16, Title 37, Mississippi Code of 1972. In any statute or regulation
containing the former accreditation designations, the new designations shall be
applicable;
(h) Development of a comprehensive student assessment system to implement these requirements; and
(i) The State Board of Education may, based on a written request that contains specific reasons for requesting a waiver from the school districts affected by Hurricane Katrina of 2005, hold harmless school districts from assignment of district and school level accountability ratings for the 2005-2006 school year. The State Board of Education upon finding an extreme hardship in the school district may grant the request. It is the intent of the Legislature that all school districts maintain the highest possible academic standards and instructional programs in all schools as required by law and the State Board of Education.
(5) (a) Effective with the
2013-2014 school year, the State Department of Education, acting through the Mississippi
Commission on School Accreditation, shall revise and implement a * * * simple
zero (0) to one thousand (1,000) points system school and school district accountability
system complying with applicable federal and state requirements in order to reach
the following educational goals:
(i) To mobilize resources and supplies to ensure that all students exit third grade reading on grade level by 2015;
(ii) To reduce the student dropout rate to thirteen percent (13%) by 2015; and
(iii) To have sixty percent (60%) of students scoring proficient and advanced on the assessments of the Common Core State Standards by 2016 with incremental increases of three percent (3%) each year thereafter.
(b) The State Department of Education shall combine the state school and school district accountability system with the federal system in order to have a single system.
(c) The State Department
of Education shall establish * * * simple zero (0) to
one thousand (1,000) points system for the accountability system based on the
following criteria:
(i) Student Achievement: the percent of students proficient and advanced on the current state assessments;
(ii) Individual student growth: the percent of students making one (1) year's progress in one (1) year's time on the state assessment, with an emphasis on the progress of the lowest twenty-five percent (25%) of students in the school or district;
(iii) Four-year graduation rate: the percent of students graduating with a standard high school diploma in four (4) years, as defined by federal regulations;
(iv) Categories shall
identify schools as Reward ( * * * schools, respectively, having greater
than four hundred forty-two (442) points on a scale of seven hundred (700) points,
and greater than seven hundred fifty-four (754) points on a scale of one thousand
(1,000) points), Focus ( * * * schools, respectively, having greater
than two hundred sixty-nine (269) points on a scale of seven hundred (700) points,
and less than five hundred ten (510) points but less than five hundred eighty-four
(584) points on a scale of one thousand (1,000) points), and Priority
( * * *
schools, respectively having less than two hundred sixty-nine (269) points
but less than three hundred twenty-eight (328) points on a scale of seven
hundred (700) points, and greater than five hundred ten (510) points but less
than five hundred eighty-four (584) points on a scale of one thousand (1,000)
points). If at least five percent (5%) of schools in the state are not * * * assigned as score that would classify
them as " * * *
Priority" schools, the lowest five percent (5%) of school grade point
designees will be identified as Priority schools. If at least ten percent (10%)
of schools in the state are not * * * assigned a score that would classify them
as " * * *
Focus" schools, the lowest ten percent (10%) of school grade point designees
will be identified as Focus schools;
(v) The State Department
of Education shall discontinue the use of * * * "A,"
"B," "C," "D" and "F" school accountability
designations;
(vi) The system shall include the federally compliant four-year graduation rate in school and school district accountability system calculations. Graduation rate will apply to high school and school district accountability ratings as a compensatory component. The system shall discontinue the use of the High School Completer Index (HSCI);
(vii) The school and school district accountability system shall incorporate a standards-based growth model, in order to support improvement of individual student learning;
(viii) The State Department of Education shall discontinue the use of the Quality Distribution Index (QDI);
(ix) The State Department of Education shall determine feeder patterns of schools that do not earn a school grade because the grades and subjects taught at the school do not have statewide standardized assessments needed to calculate a school grade. Upon determination of the feeder pattern, the department shall notify schools and school districts prior to the release of the school grades beginning in 2013. Feeder schools will be assigned the accountability designation of the school to which they provide students;
(x) Standards for
student, school and school district performance will be increased when student proficiency
is at a seventy-five percent (75%) and/or when sixty-five percent (65%) of the schools
and/or school districts are earning a * * * respective score of * * * three hundred seventy-seven (377)
points or six hundred forty (640) points or higher, in order to raise the standard
on performance after targets are met;
(xi) The system shall include student performance on the administration of a career-readiness assessment, such as, but not limited to, the ACT WorkKeys Assessment, deemed appropriate by the Mississippi Department of Education working in coordination with the Office of Workforce Development.
(6) Nothing in this section shall be deemed to require a nonpublic school that receives no local, state or federal funds for support to become accredited by the State Board of Education.
(7) The State Board of Education shall create an accreditation audit unit under the Commission on School Accreditation to determine whether schools are complying with accreditation standards.
(8) The State Board of Education shall be specifically authorized and empowered to withhold adequate education program fund allocations, whichever is applicable, to any public school district for failure to timely report student, school personnel and fiscal data necessary to meet state and/or federal requirements.
(9) [Deleted]
(10) The State Board of Education shall establish, for those school districts failing to meet accreditation standards, a program of development to be complied with in order to receive state funds, except as otherwise provided in subsection (15) of this section when the Governor has declared a state of emergency in a school district or as otherwise provided in Section 206, Mississippi Constitution of 1890. The state board, in establishing these standards, shall provide for notice to schools and sufficient time and aid to enable schools to attempt to meet these standards, unless procedures under subsection (15) of this section have been invoked.
(11) Beginning July 1, 1998, the State Board of Education shall be charged with the implementation of the program of development in each applicable school district as follows:
(a) Develop an impairment report for each district failing to meet accreditation standards in conjunction with school district officials;
(b) Notify any applicable school district failing to meet accreditation standards that it is on probation until corrective actions are taken or until the deficiencies have been removed. The local school district shall develop a corrective action plan to improve its deficiencies. For district academic deficiencies, the corrective action plan for each such school district shall be based upon a complete analysis of the following: student test data, student grades, student attendance reports, student dropout data, existence and other relevant data. The corrective action plan shall describe the specific measures to be taken by the particular school district and school to improve: (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community. The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated. All corrective action plans shall be provided to the State Board of Education as may be required. The decision of the State Board of Education establishing the probationary period of time shall be final;
(c) Offer, during the probationary period, technical assistance to the school district in making corrective actions. Beginning July 1, 1998, subject to the availability of funds, the State Department of Education shall provide technical and/or financial assistance to all such school districts in order to implement each measure identified in that district's corrective action plan through professional development and on-site assistance. Each such school district shall apply for and utilize all available federal funding in order to support its corrective action plan in addition to state funds made available under this paragraph;
(d) Assign department personnel or contract, in its discretion, with the institutions of higher learning or other appropriate private entities with experience in the academic, finance and other operational functions of schools to assist school districts;
(e) Provide for publication of public notice at least one time during the probationary period, in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The publication shall include the following: declaration of school system's status as being on probation; all details relating to the impairment report; and other information as the State Board of Education deems appropriate. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
(12) (a) If the recommendations for corrective action are not taken by the local school district or if the deficiencies are not removed by the end of the probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. Additionally, if the local school district violates accreditation standards that have been determined by the policies and procedures of the State Board of Education to be a basis for withdrawal of school district's accreditation without a probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. After its consideration of the results of the hearing, the Commission on School Accreditation shall be authorized, with the approval of the State Board of Education, to withdraw the accreditation of a public school district, and issue a request to the Governor that a state of emergency be declared in that district.
(b) If the State Board of Education and the Commission on School Accreditation determine that an extreme emergency situation exists in a school district that jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and that emergency situation is believed to be related to a serious violation or violations of accreditation standards or state or federal law, or when a school district meets the State Board of Education's definition of a failing school district for two (2) consecutive full school years, or if more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year, the State Board of Education may request the Governor to declare a state of emergency in that school district. For purposes of this paragraph, the declarations of a state of emergency shall not be limited to those instances when a school district's impairments are related to a lack of financial resources, but also shall include serious failure to meet minimum academic standards, as evidenced by a continued pattern of poor student performance.
(c) Whenever the Governor declares a state of emergency in a school district in response to a request made under paragraph (a) or (b) of this subsection, the State Board of Education may take one or more of the following actions:
(i) Declare a state of emergency, under which some or all of state funds can be escrowed except as otherwise provided in Section 206, Constitution of 1890, until the board determines corrective actions are being taken or the deficiencies have been removed, or that the needs of students warrant the release of funds. The funds may be released from escrow for any program which the board determines to have been restored to standard even though the state of emergency may not as yet be terminated for the district as a whole;
(ii) Override any decision of the local school board or superintendent of education, or both, concerning the management and operation of the school district, or initiate and make decisions concerning the management and operation of the school district;
(iii) Assign an interim superintendent, or in its discretion, contract with a private entity with experience in the academic, finance and other operational functions of schools and school districts, who will have those powers and duties prescribed in subsection (15) of this section;
(iv) Grant transfers to students who attend this school district so that they may attend other accredited schools or districts in a manner that is not in violation of state or federal law;
(v) For states of emergency declared under paragraph (a) only, if the accreditation deficiencies are related to the fact that the school district is too small, with too few resources, to meet the required standards and if another school district is willing to accept those students, abolish that district and assign that territory to another school district or districts. If the school district has proposed a voluntary consolidation with another school district or districts, then if the State Board of Education finds that it is in the best interest of the pupils of the district for the consolidation to proceed, the voluntary consolidation shall have priority over any such assignment of territory by the State Board of Education;
(vi) For states of emergency declared under paragraph (b) only, reduce local supplements paid to school district employees, including, but not limited to, instructional personnel, assistant teachers and extracurricular activities personnel, if the district's impairment is related to a lack of financial resources, but only to an extent that will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education;
(vii) For states of emergency declared under paragraph (b) only, the State Board of Education may take any action as prescribed in Section 37-17-13.
(d) At the time that satisfactory corrective action has been taken in a school district in which a state of emergency has been declared, the State Board of Education may request the Governor to declare that the state of emergency no longer exists in the district.
(e) The parent or legal guardian of a school-age child who is enrolled in a school district whose accreditation has been withdrawn by the Commission on School Accreditation and without approval of that school district may file a petition in writing to a school district accredited by the Commission on School Accreditation for a legal transfer. The school district accredited by the Commission on School Accreditation may grant the transfer according to the procedures of Section 37-15-31(1)(b). In the event the accreditation of the student's home district is restored after a transfer has been approved, the student may continue to attend the transferee school district. The per-pupil amount of the adequate education program allotment, including the collective "add-on program" costs for the student's home school district shall be transferred monthly to the school district accredited by the Commission on School Accreditation that has granted the transfer of the school-age child.
(f) Upon the declaration of a state of emergency for any school district in which the Governor has previously declared a state of emergency, the State Board of Education may either:
(i) Place the school
district into district transformation, in which the school district shall remain
until it has fulfilled all conditions related to district transformation. If the
district was assigned an accreditation rating score of * * * less than five
hundred thirty-six (536) points when placed into district transformation, the
district shall be eligible to return to local control when the school district has
attained * * *
an accreditation rating score of five hundred thirty-six (536) points
or higher for five (5) consecutive years, unless the State Board of Education determines
that the district is eligible to return to local control in less than the five-year
period;
(ii) Abolish the school district and administratively consolidate the school district with one or more existing school districts;
(iii) Reduce the size of the district and administratively consolidate parts of the district, as determined by the State Board of Education. However, no school district which is not in district transformation shall be required to accept additional territory over the objection of the district; or
(iv) Require the school district to develop and implement a district improvement plan with prescriptive guidance and support from the State Department of Education, with the goal of helping the district improve student achievement. Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities provided as support by the department shall result in the school district retaining its eligibility for district transformation.
(g) There is established a Mississippi Recovery School District within the State Department of Education under the supervision of a deputy superintendent appointed by the State Superintendent of Public Education, who is subject to the approval by the State Board of Education. The Mississippi Recovery School District shall provide leadership and oversight of all school districts that are subject to district transformation status, as defined in Chapters 17 and 18, Title 37, Mississippi Code of 1972, and shall have all the authority granted under these two (2) chapters. The Mississippi Department of Education, with the approval of the State Board of Education, shall develop policies for the operation and management of the Mississippi Recovery School District. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall be authorized to oversee the administration of the Mississippi Recovery School District, oversee the interim superintendent assigned by the State Board of Education to a local school district, hear appeals that would normally be filed by students, parents or employees and heard by a local school board, which hearings on appeal shall be conducted in a prompt and timely manner in the school district from which the appeal originated in order to ensure the ability of appellants, other parties and witnesses to appeal without undue burden of travel costs or loss of time from work, and perform other related duties as assigned by the State Superintendent of Public Education. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall determine, based on rigorous professional qualifications set by the State Board of Education, the appropriate individuals to be engaged to be interim superintendents and financial advisors, if applicable, of all school districts subject to district transformation status. After State Board of Education approval, these individuals shall be deemed independent contractors.
(13) Upon the declaration of a state of emergency in a school district under subsection (12) of this section, the Commission on School Accreditation shall be responsible for public notice at least once a week for at least three (3) consecutive weeks in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The size of the notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print. If an interim superintendent has been appointed for the school district, the notice shall begin as follows: "By authority of Section 37-17-6, Mississippi Code of 1972, as amended, adopted by the Mississippi Legislature during the 1991 Regular Session, this school district (name of school district) is hereby placed under the jurisdiction of the State Department of Education acting through its appointed interim superintendent (name of interim superintendent)."
The notice also shall include, in the discretion of the State Board of Education, any or all details relating to the school district's emergency status, including the declaration of a state of emergency in the school district and a description of the district's impairment deficiencies, conditions of any district transformation status and corrective actions recommended and being taken. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
Upon termination of the state of emergency in a school district, the Commission on School Accreditation shall cause notice to be published in the school district in the same manner provided in this section, to include any or all details relating to the corrective action taken in the school district that resulted in the termination of the state of emergency.
(14) The State Board of Education or the Commission on School Accreditation shall have the authority to require school districts to produce the necessary reports, correspondence, financial statements, and any other documents and information necessary to fulfill the requirements of this section.
Nothing in this section shall be construed to grant any individual, corporation, board or interim superintendent the authority to levy taxes except in accordance with presently existing statutory provisions.
(15) (a) Whenever the Governor declares a state of emergency in a school district in response to a request made under subsection (12) of this section, the State Board of Education, in its discretion, may assign an interim superintendent to the school district, or in its discretion, may contract with an appropriate private entity with experience in the academic, finance and other operational functions of schools and school districts, who will be responsible for the administration, management and operation of the school district, including, but not limited to, the following activities:
(i) Approving or disapproving all financial obligations of the district, including, but not limited to, the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel, contractual agreements and purchase orders, and approving or disapproving all claim dockets and the issuance of checks; in approving or disapproving employment contracts of superintendents, assistant superintendents or principals, the interim superintendent shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105;
(ii) Supervising the day-to-day activities of the district's staff, including reassigning the duties and responsibilities of personnel in a manner which, in the determination of the interim superintendent, will best suit the needs of the district;
(iii) Reviewing the district's total financial obligations and operations and making recommendations to the district for cost savings, including, but not limited to, reassigning the duties and responsibilities of staff;
(iv) Attending all meetings of the district's school board and administrative staff;
(v) Approving or disapproving all athletic, band and other extracurricular activities and any matters related to those activities;
(vi) Maintaining a detailed account of recommendations made to the district and actions taken in response to those recommendations;
(vii) Reporting periodically to the State Board of Education on the progress or lack of progress being made in the district to improve the district's impairments during the state of emergency; and
(viii) Appointing a parent advisory committee, comprised of parents of students in the school district that may make recommendations to the interim superintendent concerning the administration, management and operation of the school district.
The cost of the salary of the interim superintendent and any other actual and necessary costs related to district transformation status paid by the State Department of Education shall be reimbursed by the local school district from funds other than adequate education program funds. The department 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.
At the time that the Governor, in accordance with the request of the State Board of Education, declares that the state of emergency no longer exists in a school district, the powers and responsibilities of the interim superintendent assigned to the district shall cease.
(b) In order to provide loans to school districts under a state of emergency or in district transformation status that have impairments related to a lack of financial resources, the School District Emergency Assistance Fund is created as a special fund in the State Treasury into which monies may be transferred or appropriated by the Legislature from any available public education funds. Funds in the School District Emergency Assistance Fund up to a maximum balance of Three Million Dollars ($3,000,000.00) annually shall not lapse but shall be available for expenditure in subsequent years subject to approval of the State Board of Education. Any amount in the fund in excess of Three Million Dollars ($3,000,000.00) at the end of the fiscal year shall lapse into the State General Fund or the Education Enhancement Fund, depending on the source of the fund.
The State Board of Education may loan monies from the School District Emergency Assistance Fund to a school district that is under a state of emergency or in district transformation status, in those amounts, as determined by the board, that are necessary to correct the district's impairments related to a lack of financial resources. The loans shall be evidenced by an agreement between the school district and the State Board of Education and shall be repayable in principal, without necessity of interest, to the School District Emergency Assistance Fund by the school district from any allowable funds that are available. The total amount loaned to the district shall be due and payable within five (5) years after the impairments related to a lack of financial resources are corrected. If a school district fails to make payments on the loan in accordance with the terms of the agreement between the district and the State Board of Education, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may withhold that district's adequate education program funds in an amount and manner that will effectuate repayment consistent with the terms of the agreement; the funds withheld by the department shall be deposited into the School District Emergency Assistance Fund.
The State Board of Education shall develop a protocol that will outline the performance standards and requisite timeline deemed necessary for extreme emergency measures. If the State Board of Education determines that an extreme emergency exists, simultaneous with the powers exercised in this subsection, it shall take immediate action against all parties responsible for the affected school districts having been determined to be in an extreme emergency. The action shall include, but not be limited to, initiating civil actions to recover funds and criminal actions to account for criminal activity. Any funds recovered by the State Auditor or the State Board of Education from the surety bonds of school officials or from any civil action brought under this subsection shall be applied toward the repayment of any loan made to a school district hereunder.
(16) If a majority of the membership of the school board of any school district resigns from office, the State Board of Education shall be authorized to assign an interim superintendent, who shall be responsible for the administration, management and operation of the school district until the time as new board members are selected or the Governor declares a state of emergency in that school district under subsection (12), whichever occurs first. In that case, the State Board of Education, acting through the interim superintendent, shall have all powers which were held by the previously existing school board, and may take any action as prescribed in Section 37-17-13 and/or one or more of the actions authorized in this section.
(17) (a) If the Governor declares a state of emergency in a school district, the State Board of Education may take all such action pertaining to that school district as is authorized under subsection (12) or (15) of this section, including the appointment of an interim superintendent. The State Board of Education shall also have the authority to issue a written request with documentation to the Governor asking that the office of the superintendent of the school district be subject to recall. If the Governor declares that the office of the superintendent of the school district is subject to recall, the local school board or the county election commission, as the case may be, shall take the following action:
(i) If the office of superintendent is an elected office, in those years in which there is no general election, the name shall be submitted by the State Board of Education to the county election commission, and the county election commission shall submit the question at a special election to the voters eligible to vote for the office of superintendent within the county, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Shall County Superintendent of Education ________ (here the name of the superintendent shall be inserted) of the ____________ (here the title of the school district shall be inserted) be retained in office? Yes _______ No _______"
If a majority of those voting on the question votes against retaining the superintendent in office, a vacancy shall exist which shall be filled in the manner provided by law; otherwise, the superintendent shall remain in office for the term of that office, and at the expiration of the term shall be eligible for qualification and election to another term or terms.
(ii) If the office of superintendent is an appointive office, the name of the superintendent shall be submitted by the president of the local school board at the next regular meeting of the school board for retention in office or dismissal from office. If a majority of the school board voting on the question vote against retaining the superintendent in office, a vacancy shall exist which shall be filled as provided by law, otherwise the superintendent shall remain in office for the duration of his employment contract.
(b) The State Board of Education may issue a written request with documentation to the Governor asking that the membership of the school board of the school district shall be subject to recall. Whenever the Governor declares that the membership of the school board is subject to recall, the county election commission or the local governing authorities, as the case may be, shall take the following action:
(i) If the members of the local school board are elected to office, in those years in which the specific member's office is not up for election, the name of the school board member shall be submitted by the State Board of Education to the county election commission, and the county election commission at a special election shall submit the question to the voters eligible to vote for the particular member's office within the county or school district, as the case may be, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Members of the ______________ (here the title of the school district shall be inserted) School Board who are not up for election this year are subject to recall because of the school district's failure to meet critical accountability standards as defined in the letter of notification to the Governor from the State Board of Education. Shall the member of the school board representing this area, ____________ (here the name of the school board member holding the office shall be inserted), be retained in office? Yes _______ No _______"
If a majority of those voting on the question vote against retaining the member of the school board in office, a vacancy in that board member's office shall exist, which shall be filled in the manner provided by law; otherwise, the school board member shall remain in office for the term of that office, and at the expiration of the term of office, the member shall be eligible for qualification and election to another term or terms of office. However, if a majority of the school board members are recalled in the special election, the Governor shall authorize the board of supervisors of the county in which the school district is situated to appoint members to fill the offices of the members recalled. The board of supervisors shall make those appointments in the manner provided by law for filling vacancies on the school board, and the appointed members shall serve until the office is filled at the next regular special election or general election.
(ii) If the local school board is an appointed school board, the name of all school board members shall be submitted as a collective board by the president of the municipal or county governing authority, as the case may be, at the next regular meeting of the governing authority for retention in office or dismissal from office. If a majority of the governing authority voting on the question vote against retaining the board in office, a vacancy shall exist in each school board member's office, which shall be filled as provided by law; otherwise, the members of the appointed school board shall remain in office for the duration of their term of appointment, and those members may be reappointed.
(iii) If the local school board is comprised of both elected and appointed members, the elected members shall be subject to recall in the manner provided in subparagraph (i) of this paragraph (b), and the appointed members shall be subject to recall in the manner provided in subparagraph (ii).
(18) Beginning with the school district audits conducted for the 1997-1998 fiscal year, the State Board of Education, acting through the Commission on School Accreditation, shall require each school district to comply with standards established by the State Department of Audit for the verification of fixed assets and the auditing of fixed assets records as a minimum requirement for accreditation.
(19) Before December 1, 1999, the State Board of Education shall recommend a program to the Education Committees of the House of Representatives and the Senate for identifying and rewarding public schools that improve or are high performing. The program shall be described by the board in a written report, which shall include criteria and a process through which improving schools and high-performing schools will be identified and rewarded.
The State Superintendent of Public Education and the State Board of Education also shall develop a comprehensive accountability plan to ensure that local school boards, superintendents, principals and teachers are held accountable for student achievement. A written report on the accountability plan shall be submitted to the Education Committees of both houses of the Legislature before December 1, 1999, with any necessary legislative recommendations.
(20) Before January 1, 2008, the State Board of Education shall evaluate and submit a recommendation to the Education Committees of the House of Representatives and the Senate on inclusion of graduation rate and dropout rate in the school level accountability system.
(21) If a local school district is determined as failing and placed into district transformation status for reasons authorized by the provisions of this section, the interim superintendent appointed to the district shall, within forty-five (45) days after being appointed, present a detailed and structured corrective action plan to move the local school district out of district transformation status to the deputy superintendent. A copy of the interim superintendent's corrective action plan shall also be filed with the State Board of Education.
SECTION 2. Section 37-19-10, Mississippi Code of 1972, is amended as follows:
37-19-10. (1) The Legislature finds that there is a need for a performance incentive program for outstanding teachers and staff in highly productive schools.
(2) Beginning with the 2016-2017 school year, the School Recognition Program is created to provide financial awards to public schools that:
(a) Sustain high
performance by earning a school accountability rating score of * * * four hundred forty-two (442) points
or greater on a scale of seven hundred (700) points or a score of seven hundred
fifty-four (754) points on a scale of one thousand (1,000) points, which
shall be funded at One Hundred Dollars ($100.00) per pupil in average daily
attendance;
(b) Sustain high performance
by earning a school accountability rating score of * * * greater than three hundred seventy-seven
(377) points, but less than four hundred forty-two (442) points on a scale of
seven hundred (700) points, or a score greater than six hundred forty-eight (648)
points on a scale of one thousand (1,000) points, which shall be funded at
Seventy-five Dollars ($75.00) per pupil in average daily attendance; or
(c) Demonstrate exemplary
performance by improving at least * * * by fifty-eight (58) points
for elementary and middle schools or by eighty-one (81) points for high schools,
which shall be funded at One Hundred Dollars ($100.00) per pupil in average
daily attendance.
(3) All public schools, including charter schools, earning the appropriate school rating are eligible to participate in the program.
(4) School recognition awards must be used for nonrecurring salary supplements to the teachers and staff employed in the school receiving the financial award. Any nonrecurring salary supplements paid to teachers and staff shall be prospective, shall be paid over the remainder of the year, and shall not be considered part of the local supplement. For contracted individuals, there shall be an amendment to the existing contract.
(5) School recognition awards shall not be used for administrators.
(6) There is hereby created in the State Treasury, the School Recognition Program Fund which shall be used by the State Department of Education, depending on the availability of funds as appropriated, to provide financial awards to schools under this section. It shall be the duty of the State Department of Education to file with the State Treasurer and the State Fiscal Officer such data and information as may be required to enable the said State Treasurer and State Fiscal Officer to distribute the School Recognition Program Funds by electronic funds transfer to the several school districts at the time required and provided under the provisions of this section. Such data and information so filed shall show in detail the amount of funds to which each school district is entitled from the School Recognition Program Fund. Such data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the State Treasurer and the State Fiscal Officer shall distribute to the several school districts the amounts to which they are entitled from the School Recognition Program Fund as provided by this section. Such distribution shall be made by electronic funds transfer to the depositories of the several school districts designated in writing to the State Treasurer based upon the data and information supplied by the State Department of Education for such distribution. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Officer, which shall set forth the purpose, amount and payees, and shall be in such form as may be approved by the State Fiscal Officer so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of said electronic funds transfers shall be transmitted by the school district depositories to the Treasurer, who shall file duplicates with the State Fiscal Officer. The Treasurer and State Fiscal Officer shall jointly promulgate regulations for the utilization of electronic funds transfers to school districts from the School Recognition Program Fund.
(7) It is the intent of the
Legislature to develop a plan to reward high-performing teachers in schools
with an accountability rating * * *
score less than three hundred seventy-seven (377) points on a scale of seven
hundred (700) points or less than six hundred forty-eight (648) points on a scale
of one thousand (1,000) points by July 1, 2016.
SECTION 3. Section 37-17-13, Mississippi Code of 1972, is amended as follows:
37-17-13. (1) Whenever the Governor declares a state of emergency in a school district in response to a certification by the State Board of Education and the Commission on School Accreditation made under Section 37-17-6(12)(b), the State Board of Education, in addition to any actions taken under Section 37-17-6, may abolish the school district and assume control and administration of the schools formerly constituting the district, and appoint an interim superintendent to carry out this purpose under the direction of the State Board of Education. In such case, the State Board of Education shall have all powers which were held by the previously existing school board, and the previously existing superintendent of schools or county superintendent of education, including, but not limited to, those enumerated in Section 37-7-301, and the authority to request tax levies from the appropriate governing authorities for the support of the schools and to receive and expend the tax funds as provided by Section 37-57-1 et seq. and Section 37-57-105 et seq.
(2) When a school district is abolished under this section, loans from the School District Emergency Assistance Fund may be made by the State Board of Education for the use and benefit of the schools formerly constituting the district in accordance with the procedures set forth in Section 37-17-6(15) for such loans to the district. The abolition of a school district under this section shall not impair or release the property of that school district from liability for the payment of the loan indebtedness, and it shall be the duty of the appropriate governing authorities to levy taxes on the property of the district so abolished from year to year according to the terms of the indebtedness until same shall be fully paid.
(3) After a school district
is abolished under this section, at such time as the State Board of Education determines
that the impairments have been substantially corrected after a period of maintaining
a * * *
accountability rating score of three hundred twenty-eight (328) points or greater
on a scale of seven hundred (700) points, or a score of five hundred eighty-four
(584) points or greater on a scale of one thousand (1,000) points for five (5)
consecutive years, unless the State Board of Education determines that the district
is eligible to return to local control in less than the five-year period, the State
Board of Education shall reconstitute, reorganize or change or alter the boundaries
of the previously existing district; however, no partition or assignment of territory
formerly included in the abolished district to one or more other school districts
may be made by the State Board of Education without the consent of the school board
of the school district to which such territory is to be transferred, such consent
to be spread upon its minutes. At that time, the State Board of Education, in appropriate
cases, shall notify the appropriate governing authority or authorities of its action
and request them to provide for the election or appointment of school board members
in the manner provided by law. In the event the applicable statute provides that
vacancies in an all-elected membership of the school board will be filled by appointment
by the remaining members of the school board and no members of the school board
remain in office, the Governor shall call a special election to fill the vacancies.
In such situations, the Governor will set the date of the special election and the
election will be conducted by the county election commission. The State Board of
Education shall also request the governing authority or authorities to provide for
the appointment of a superintendent or superintendents to govern the reconstituted,
reorganized or changed district or districts, which such appointed position shall
apply in all school districts including those school districts in which the position
of superintendent was previously an elected office. A board member or superintendent
in office at the time the Governor declares a state of emergency in a school district
to be abolished shall not be eligible to serve in that office for the school district
reconstituted, reorganized or changed after the Governor declares that an emergency
no longer exists.
(4) As an alternative to the procedure set forth in subsection (3), in the event a local school board is abolished by the State Board of Education pursuant to this section, after the State Board of Education determines that the impairments are being substantially corrected and the responsibility of the district transformation in such district upon the conclusion of the final scholastic year in which a district has maintained a "C" accountability rating for five (5) consecutive years, unless the State Board of Education determines that the district is eligible to return to local control in less than the five-year period, the State Board of Education may appoint a new five-member board for the administration of the school district and shall notify the local county board of supervisors and/or municipal governing authority of such appointment, spreading the names of the new school board members on its minutes. The new local school board members shall be residents of the school district. The new local school board members appointed by the State Board of Education may serve in an advisory capacity to the interim superintendent for its first year of service and thereafter shall have full responsibility to administer the school district. Thirty (30) days prior to the end of the first year of office as an advisory board, each member shall draw lots to determine when the members shall rotate off the board as follows: one (1) member shall serve a one-year term of office; one (1) member shall serve a two-year term of office; one (1) member shall serve a three-year term of office; one (1) member shall serve a four-year term of office; and one (1) member shall serve a five-year term of office. At that time, the State Board of Education shall notify the appropriate board of supervisors or municipal governing authority of this action and request them to provide for the election or appointment of school board members at the end of the terms of office in the manner provided by law, in order for the local residents of the school district to select a new school board on a phased-in basis. In such situations, the Governor will set the date of any necessary special election which shall be conducted by the county election commission. The State Board of Education shall also request the new school board to provide for the appointment of a superintendent to govern the reconstituted or reorganized school district, including those school districts in which the position of superintendent was previously an elected office. A board member or superintendent in office at the time the Governor declares a state of emergency in a school district shall not be eligible to serve in the office of school board member or superintendent for the school district reconstituted or reorganized following the district transformation period.
This subsection (4) shall stand repealed from and after July 1, 2026.
SECTION 4. Section 37-17-15, Mississippi Code of 1972, is amended as follows:
37-17-15. Effective March
26, 2014, the withdrawal of a school district's accreditation by the Commission
on School Accreditation in a school district with an * * * accountability
rating score of three hundred seventy-seven (377) points or greater on
a scale of seven hundred (700) points, or a score of six hundred forty-eight (648)
points or greater on a scale of one thousand (1,000) points, for any reason
other than failure to meet student academic standards or for failure to comply
with financial accountability requirements, shall not result in any limitation
of the schools in the district to participate in any extracurricular or
athletic activity in the regular or postseason. The Commission on School Accreditation
shall amend its rules and regulations to conform to the provisions of this
section.
SECTION 5. Section 37-17-17, Mississippi Code of 1972, is amended as follows:
37-17-17. (1) There is created
the Mississippi Achievement School District for the purpose of transforming
persistently failing public schools and districts throughout the state into
quality educational institutions. The Mississippi Achievement School District
shall be a statewide school district, separate and distinct from all other
school districts but not confined to any specified geographic boundaries, and
may be comprised of any public schools or school districts in the state which,
during two (2) consecutive school years, are designated * * * " * * * Priority" school or district by
the State Board of Education under the accountability rating system or which
have been persistently failing and chronically underperforming, as determined
by the assignment of an accreditation rating score of less than two hundred sixty-nine
(269) points on a scale of seven hundred (700) points, or an accreditation rating
score of less than five hundred ten (510) points on a scale of one thousand
(1,000) points.
(2) The Mississippi Achievement School District shall be governed by the State Board of Education.
(3) The State Board of Education shall obtain suitable office space to serve as the administrative office of the school district.
(4) The State Board of Education shall select an individual to serve as superintendent of the Mississippi Achievement School District. The superintendent must be deemed by the board to be highly qualified with a demonstrable track record for producing results in a context relevant to that of Mississippi Achievement School District schools. The superintendent of the Mississippi Achievement School District shall exercise powers and duties that would afford significant autonomy but are bound by the governance of the State Board of Education.
(5) (a) Each public school
or district in the state which, during each of two (2) consecutive school years
or during two (2) of three (3) consecutive school years, receives * * * " * * * Priority" designation by the
State Board of Education under the accountability rating system or has been
persistently failing as defined by the State Board of Education, as determined
by the assignment of an accountability rating score of less than four hundred eighty-nine
(489) points, may be absorbed into and become a part of the Mississippi
Achievement School District. All eligible public schools and districts shall
be prioritized by the Mississippi Achievement School District according to
criteria set by the Mississippi Achievement School District and publicized
prior to the annual release of accountability rating data. The Mississippi
Achievement School District shall takeover only the number of schools and
districts for which it has the capacity to serve. The transfer of the
school's/district's governance from the local school district to the
Mississippi Achievement School District shall take effect upon the approval of
the State Board of Education unless, in the sole determination of the
Mississippi Achievement School District, the transition may be more smoothly
accomplished through a gradual transfer of control. If the Mississippi
Achievement School District elects not to assume complete control of a school
or district immediately after that school receives * * * " * * * Priority" designation during each
of two (2) consecutive school years or during two (2) of the three (3)
consecutive school years, the State Board of Education shall prescribe the
process and timetable by which the school or district shall be absorbed; however,
in no event may the transfer of the school or district to the Mississippi
Achievement School District be completed later than the beginning of the school
year next succeeding the year during which the school or district receives the
" * * * Priority"
designation. School districts that are eligible to be absorbed by the
Achievement School District, but are not absorbed due to the capacity of the Achievement
School District, shall develop and implement a district improvement plan with prescriptive
guidance and support from the Mississippi Department of Education, with the
goal of helping the district improve student achievement. Failure of the school
board, superintendent and school district staff to implement the plan with
fidelity and participate in the activities provided as support by the
department shall result in the school district retaining its eligibility for
the Mississippi Achievement School District.
(b) The State Board of Education shall adopt rules and regulations governing the operation of the Mississippi Achievement School District.
(c) Designations
assigned to schools or districts under the accountability rating system by the
State Board of Education before the 2015-2016 school year may not be considered
in determining whether a particular school or district is subject to being
absorbed by the Mississippi Achievement School District. During the 2017-2018
school year, any school or district receiving * * * " * * * Priority" designation after also
being designated * * *
" * * * Priority"
school or district in the 2015-2016 and 2016-2017 school years may be absorbed
immediately by the Mississippi Achievement School District, upon approval of
the State Board of Education.
(d) The school
district from which * * * " * * *
Priority" school or district is being absorbed must cooperate fully
with the Mississippi Achievement School District and the State Board of
Education in order to provide as smooth a transition as possible in the
school's/district's governance and operations for the students enrolled in the
school or district. Upon completion of the transfer of a school or district to
the Mississippi Achievement School District, the school or district shall be
governed by the rules, regulations, policies and procedures established by the
State Board of Education specifically for the Mississippi Achievement School
District, and the school or district shall no longer be under the purview of
the school board of the local school district. In the event of the transfer of
governance and operations of a school district, the State Board of Education
shall abolish the district as prescribed in Section 37-17-13.
(e) Upon the transfer of the school or school district to the Mississippi Achievement School District, the individual appointed by the State Board of Education to serve as superintendent for the Mississippi Achievement School District shall be responsible for the administration, management and operation of the school or school district, including the following activities: (i) approving or denying all financial obligations of the school or school district; (ii) approving or denying the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel; (iii) approving or denying contractual agreements and purchase orders; (iv) approving or denying all claim dockets and the issuance of checks; (v) supervising the day-to-day activities of the school or school district's staff in a manner which in the determination of the Mississippi Achievement School District will best suit the needs of the school or school district; (vi) approving or denying all athletic, band and other extracurricular activities and any matters related to those activities; (vii) honoring any reasonable financial commitment of the district being absorbed; and (viii) reporting periodically to the State Board of Education on the progress or lack of progress being made in the school or school district to improve the school or school district's impairments.
(f) Upon attaining and
maintaining a school or district accountability rating score of * * * three hundred twenty-eight (328)
points or greater on a scale of seven hundred (700) points, or five hundred eighty-four
(584) points or better on a scale of one thousand (1,000) points under
the State Department of Education's accountability rating system for five (5)
consecutive years, the State Board of Education may decide to revert the
absorbed school or district back to local governance, provided the school or school(s)
in question are not conversion charter schools. "Local governance" may
include a traditional school board model of governance or other new form of
governance such as mayoral control, or other type of governance. The State
Board of Education shall determine the best form of local governance and school
board composition after soliciting the input of local citizens and shall
outline a process for establishing the type of governance selected. The manner
and timeline for reverting a school or district back to local control shall be
at the discretion of the State School Board, but in no case shall it exceed
five (5) years.
(6) The Superintendent of
the Mississippi Achievement School District shall hire those persons to be
employed as principals, teachers and noninstructional personnel in schools or
districts absorbed into the Mississippi Achievement School District. Only
highly qualified individuals having a demonstrable record of success may be
selected by the superintendent for such positions in the Mississippi
Achievement School District. The superintendent may choose to continue the
employment of any person employed in * * * a " * * * Priority" * * * designated school when the school
or district is absorbed into the Mississippi Achievement School District;
alternatively, the superintendent may elect not to offer continued employment
to a person formerly employed at a school or district that is absorbed into the
Mississippi Achievement School District. Any persons employed by the Mississippi
Achievement School District shall not be subject to Sections 37-9-101 through
37-9-113.
(7) (a) The Mississippi Achievement School District may use a school building and all facilities and property that is a part of a school and recognized as part of the facilities or assets of the school before it is absorbed into the Mississippi Achievement School District. In addition, the Mississippi Achievement School District shall have access to those additional facilities that typically were available to that school or district, its students, faculty and staff before its absorption by the Mississippi Achievement School District. Use of facilities by a school or district in the Mississippi Achievement School District must be unrestricted and free of charge. However, the Mississippi Achievement School District shall be responsible for providing routine maintenance and repairs necessary to maintain the facilities in as good a condition as when the right of use was acquired by the Mississippi Achievement School District. The Mississippi Achievement School District shall be responsible for paying all utilities at the facilities used for the absorbed school. Any fixtures, improvements and tangible assets added to a school building or facility by the Mississippi Achievement School District must remain at the school or district building or facility if the school or district is returned to local governance.
(b) The State Board of Education shall include in the rules and regulations adopted pursuant to subsection (5) of this section specific provisions addressing the rights and responsibilities of the Mississippi Achievement School District relating to the real and personal property of a school or district that is absorbed into the Mississippi Achievement School District.
(8) (a) The Mississippi Achievement School District shall certify annually to the State Board of Education in which a Mississippi Achievement School District school or district is located the number of students residing in the school district which are enrolled in that school or district.
(b) Whenever an increase in funding is requested by the school board for the support of schools within a particular school district absorbed into the Mississippi Achievement School District, the State Board of Education and the superintendent for the Mississippi Achievement School District shall hold a public meeting in the local municipality having jurisdiction of the absorbed school district to allow input of local residents on the matter, and subsequent to the conclusion of such meeting, the board of the Mississippi Achievement School District shall submit its request for ad valorem increase in dollars to the local governing authority having jurisdiction over the absorbed school district for approval of the request for increase in ad valorem tax effort. In a district in which a school or schools but not the entire district is absorbed into the Mississippi Achievement School District, the local school district shall pay directly to the Mississippi Achievement School District an amount for each student enrolled in that school equal to the ad valorem tax receipts and in-lieu payments received per pupil for the support of the local school district in which the student resides. The pro rata ad valorem receipts and in-lieu receipts to be transferred to the Mississippi Achievement School District shall include all levies for the support of the local school district under Sections 37-57-1 (local contribution to the education funding program) and 37-57-105 (school district operational levy) and may not include any taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs, unless the school or schools absorbed include a high school at which vocational-technical education programs are offered. In no event may the payment exceed the pro rata amount of the local ad valorem payment to the education funding program under Section 37-57-1 for the school district in which the student resides. Payments made under this section by a school district to the Mississippi Achievement School District must be made before the expiration of three (3) business days after the funds are distributed to the local school district by the tax collector.
(c) If an entire school district is absorbed into the Mississippi Achievement School District, the tax collector shall pay the amounts as described in paragraph (b) of this subsection, with the exception that all funds should transfer, including taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes and any taxes levied for the support of vocational-technical education programs. The Mississippi Achievement School District shall pay funds raised to retire the district's debts to the appropriate creditors on behalf of the former district.
(9) (a) The State Department of Education shall make payments to the Mississippi Achievement School District for each student in average daily membership at a Mississippi Achievement School District school equal to the state share of the education funding program payments for each student in average daily attendance at the local school district or former local school district in which that school is located. In calculating the local contribution for purposes of determining the state share of the education funding program payments, the department shall deduct the pro rata local contribution of the school district or former school district in which the student resides, to be determined as provided in Section 37-151-7(2)(a).
(b) Payments made pursuant to this subsection by the State Department of Education must be made at the same time and in the same manner as education funding program payments are made to all other school districts under Sections 37-151-101 and 37-151-103. Amounts payable to the Mississippi Achievement School District must be determined by the State Department of Education in the same manner that such amounts are calculated for all other school districts under the education funding program.
(10) The Mississippi Achievement School District shall be considered a local educational agency for the same purposes and to the same extent that all other school districts in the state are deemed local educational agencies under applicable federal laws.
(11) The Mississippi Achievement School District may receive donations or grants from any public or private source, including any federal funding that may be available to the school district or individual schools within the Mississippi Achievement School District.
(12) The Legislature may appropriate sufficient funding to the State Department of Education for the 2017 fiscal year for the specific purpose of funding the start-up, operational and any other required costs of the Mississippi Achievement School District during the 2017-2018 school year.
SECTION 6. Section 37-7-315.1, Mississippi Code of 1972, is amended as follows:
37-7-315.1. (1) Not later than July 1, 2020, the Tate County School Board, having jurisdiction over three (3) high schools within the Tate County School District, shall consolidate its system of high schools by closing Coldwater High School upon the completion of the 2019-2020 scholastic year. Factors used in determining the necessity to close Coldwater High School consists of the following criteria:
(a) Coldwater High School has consistently and chronically underperformed, as determined by its grade designation under the statewide school accountability rating system, as determined by the State Board of Education for the last four (4) accreditation cycles as follows:
(i)
Maintained a " * * *
Priority" accountability rating for the 2016, 2017 and 2018 school
years; and
(ii)
Achieved a " * * *
Focus" accountability rating for the 2019 school year;
(b) Coldwater High School has maintained an average annual enrollment of approximately one hundred (100) students for the last four (4) scholastic terms;
(c) Coldwater High School's average annual student enrollment for the last four (4) scholastic terms represents less than four percent (4%) of the overall student enrollment for the Tate County School District;
(d) Coldwater High School provides a limited selection of robust and advanced course offerings as part of its adopted curriculum; and
(e) An assessment of Coldwater High School's graduation percentage rates and dropout percentage rates in comparison to the other remaining two (2) high schools throughout Tate County, the Senatobia Municipal School District and in surrounding counties.
(2) Under the authority provided in Section 37-7-315, the Tate County School Board shall execute a plan to provide for the closure of Coldwater High School, which shall be spread upon the minutes of its regularly scheduled meeting or at a special meeting called for the specific purpose of the school closure. At said meeting, the Tate County School Board shall:
(a) Issue an order to provide that the attendance zone of Coldwater High School shall be collapsed and redrawn for distribution in equal proportions to the school attendance zones for Independence High School and Strayhorn High School. The Tate County School Board shall thereafter publish the same in some newspaper of general circulation in the county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school board, the new high school attendance zones will thereafter be effective;
(b) Issue an order to provide that upon such closure, students attending Coldwater High School shall have the discretion to choose whether to:
(i) Attend either Independence High School or Strayhorn High School in a manner that does not disparately impact the desegregation of either school; or
(ii) Transfer to the Senatobia Municipal School District, provided that the appropriate high school located therein is closest in proximity to the student's residence than either of the two (2) high schools in the Tate County School District; and
(c) Issue an order to enter agreement with the Senatobia Municipal School Board for the release by the Tate County School Board and subsequent acceptance by the Senatobia Municipal School District of students affected by the closure of Coldwater High School. The agreement between each school board made parties thereto must consider the composition of the district boundaries of the Tate County School District, as it existed on January 1, 2020, to ensure that the student population eligible to be transferred from the Coldwater High School attendance zone to the Senatobia Municipal School District does not disparately impact the desegregation of either school district entering into agreement.
SECTION 7. Section 37-9-13, Mississippi Code of 1972, is amended as follows:
37-9-13. (1) (a) Each
school district shall have a superintendent of schools, selected in the manner
provided by law. No person shall be eligible to the office of superintendent
of schools unless such person shall hold a valid administrator's license issued
by the State Department of Education and shall have classroom or administrative
experience of not less than six (6) years which shall include at least three
(3) years of administrative experience as a school building principal (a) in a
school with an * * * accountability rating score of three hundred seventy-seven
(377) points or greater on a scale of seven hundred (700) points, or six
hundred forty-eight (648) points on a scale of one thousand (1,000) points,
or (b) in a school that increased its accountability rating by a letter grade
during the period in which the principal was employed as principal at the
school, or (c) in a school with comparable accountability rating or improvement
in another state which shall be verified by the Mississippi Department of
Education.
(b) Notwithstanding the provisions of subsection (4) of this section, no person shall be eligible to the office of superintendent of schools if the person has pled guilty to or been convicted of any state or federal offense in which he or she unlawfully took, obtained or misappropriated funds received by or entrusted to the person by virtue of his or her public office or employment.
(2) From and after January 1, 2019, in all public school districts, the local school board shall appoint the superintendent of schools of such district. At the expiration of the term of any county superintendent of education elected at the November 2015 general election, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the local school board in the manner provided in Section 37-9-25. However, in the event that a vacancy in the office of the superintendent of schools elected at the November 2015 general election shall occur before January 1, 2019, the office of superintendent of schools shall immediately become an appointed position, and the local school board shall appoint the superintendent of the school district. The superintendent of schools shall have the general powers and duties to administer the schools within his district as prescribed in Section 37-9-14 et seq., Mississippi Code of 1972.
(3) As an alternative to the qualifications prescribed in subsection (1)(a) of this section, the State Board of Education is authorized and directed to issue regulations by January 1, 2018, which include minimum credentials, educational prerequisites, and relevant best practice experience requirements that will qualify a person to serve as a superintendent without having the direct experience or certification as an educator specified in subsection (1)(a) of this section.
(4) The provisions of this section shall be applicable to any superintendent of schools selected on or after July 1, 2017, who has not previously served as a superintendent or assistant superintendent within the last five (5) years.
SECTION 8. This act shall take effect and be in force from and after July 1, 2024.