Bill Text: MS HB694 | 2012 | Regular Session | Introduced
Bill Title: School vouchers; authorize State Department of Education to issue under the MS School Choice Scholarship Program.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB694 Detail]
Download: Mississippi-2012-HB694-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education; Appropriations
By: Representatives Moore, Boyd, Busby, Byrd, Carpenter, Chism, Currie, Denny, Formby, Howell, Martinson, McGee, McLeod, Monsour
House Bill 694
AN ACT TO ESTABLISH THE MISSISSIPPI SCHOOL CHOICE SCHOLARSHIP PROGRAM; TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO PROVIDE FOR STUDENT ELIGIBILITY REQUIREMENTS FOR RECEIPT OF A SCHOLARSHIP AND RESTRICTING ELIGIBILITY THEREFOR; TO PROVIDE FOR THE TERM OF THE SCHOLARSHIP; TO STIPULATE THE OBLIGATIONS OF PARENTS, STUDENTS AND SCHOOLS AND SCHOOL DISTRICTS; TO PRESCRIBE THE DUTIES OF THE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION REGARDING THE ADMINISTRATION OF THE SCHOLARSHIP PROGRAM; TO PROVIDE THE DEPARTMENT OF EDUCATION WITH THE AUTHORITY TO VERIFY THE ELIGIBILITY OF NONPUBLIC ELIGIBLE SCHOOLS AND TO ESTABLISH THE PROCESS FOR NOTIFICATIONS OF VIOLATIONS; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO DENY, SUSPEND OR REVOKE A SCHOOL'S PARTICIPATION IN THE SCHOLARSHIP PROGRAM AND THE PROCEDURES TAKEN WITH RESPECT THEREFOR; TO REQUIRE THE DEPARTMENT OF EDUCATION TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE SUMMARIZING STUDENT PERFORMANCE, STUDENT ASSESSMENTS, FUNDING AND ANY RECOMMENDED CHANGES; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SERVE AS THE LOCAL EDUCATIONAL AGENCY FOR THOSE SCHOOLS; TO PROVIDE THE MANNER BY WHICH THE STATE DEPARTMENT OF EDUCATION SHALL CALCULATE THE MAXIMUM AMOUNT OF THE SCHOLARSHIP AVAILABLE TO ELIGIBLE STUDENTS; TO ESTABLISH THE ELIGIBILITY REQUIREMENTS FOR NONPUBLIC SCHOOLS TO PARTICIPATE IN THE SCHOLARSHIP PROGRAM; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ESTABLISH RULES FOR THE ADMINISTRATION OF THE SCHOLARSHIP PROGRAM; TO STIPULATE THAT THE INCLUSION OF A NONPUBLIC ELIGIBLE SCHOOL IN THE SCHOLARSHIP PROGRAM DOES NOT EXPAND THE AUTHORITY OF THE STATE BOARD OF EDUCATION, THE STATE DEPARTMENT OF EDUCATION, THE STATE OR ANY OF ITS OFFICERS TO REGULATE SUCH NONPUBLIC SCHOOLS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ESTABLISH STANDARDS TO ALLOCATE SCHOLARSHIPS AMONG ELIGIBLE STUDENTS; TO REQUIRE THE SCHOOL TO COMPLY WITH THE ANNUAL AUDIT AND BUDGET SUBMISSION REQUIREMENTS PRESCRIBED BY LAW IN TITLE 37, MISSISSIPPI CODE OF 1972; TO BRING FORWARD SECTIONS 37-3-2 AND 37-9-17, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Board" means the State Board of Education.
(b) "Department" means the State Department of Education.
(c) "Eligible school" means a public or nonpublic eligible school that is:
(i) Located in the State of Mississippi;
(ii) Requires an eligible student to pay tuition or transfer tuition to attend;
(iii) Voluntarily agrees to enroll an eligible student;
(iv) Is accredited by either the State Board of Education or a national or regional accreditation agency that is recognized by the State Board of Education;
(v) Administers the statewide assessments for evaluating educational progress;
(vi) Is not a charter school; and
(vii) Submits the required data to the State Department of Education.
(d) "Eligible student" means an individual who:
(i) Is a legal resident of the State of Mississippi;
(ii) Is at least five (5) years of age and not more than twenty-one (21) years of age on September 1 of the calendar year;
(iii) Has been or is currently enrolled in an accredited public school; and
(iv) Is a member of a household with an annual income of not more than one hundred fifty percent (150%) of the amount required for the individual to qualify for the federal free or reduced price lunch program.
(e) "Mississippi School Choice Scholarship Program" means a scholarship to provide the option to attend a public eligible school other than the one to which assigned, or to provide a scholarship to a nonpublic eligible school of choice, for eligible students in Grade K through Grade 12.
(f) "School" means any public or nonpublic eligible school in this state which is in session each school year for at least one hundred eighty (180) days, except that nonpublic eligible school term shall be the number of days that each school shall require for promotion from grade to grade.
(g) "Scholarship" means the Mississippi School Choice Scholarship.
SECTION 2. The Mississippi School Choice Scholarship Program is established to provide eligible students the option to attend a public eligible school other than the one to which assigned, or to provide a scholarship to a nonpublic eligible school of choice. Students in Grade K through Grade 12 shall be eligible to receive scholarship assistance under this program.
SECTION 3. (1) Parents may exercise the option to remove an eligible student from a traditional public school setting to be enrolled in a public eligible school or nonpublic eligible school which meets the standards for appropriate specific instruction designed to best meet the educational needs of the eligible student.
(2) The parent of a public eligible school student who is dissatisfied with the student's progress may request and receive from the state a Mississippi School Choice Scholarship for the child to enroll in and attend an eligible school of choice in accordance with this section if:
(a) The student has spent the previous school year in attendance at a Mississippi public school or any other nonpublic school in the state for the previous academic term. However, a dependent child of a member of the United States Armed Forces who transfers to a school in this state from out of state or from a foreign country under a parent's permanent change of station orders is exempt from this paragraph but must meet all other eligibility requirements to participate in the program; or
(b) The parent has obtained acceptance for admission of the student to a nonpublic eligible school that is eligible for the program under Section 8 of this act and has requested from the department a scholarship within thirty (30) days before the date of the first scholarship payment. The request must be through a communication directly to the department in a manner that creates a written or electronic record of the request and the date of receipt of the request. The Department of Education must notify the district of the parent's intent upon receipt of the parent's request.
SECTION 4. (1) A student is not eligible for a Mississippi School Choice Scholarship while he or she is:
(a) Enrolled in a school operating for the purpose of providing educational services to youth in Department of Juvenile Justice commitment programs;
(b) Participating in a home-school education program; or
(c) Participating in a virtual school, correspondence school, or distance learning program that receives state funding under the student's participation unless the participation is limited to no more than two (2) courses per school year.
(2) (a) For purposes of continuity of educational choice, a Mississippi School Choice Scholarship shall remain in force until the student returns to a public school, completes Grade 12 or attains the age of twenty-one (21) years, whichever occurs first.
(b) Upon reasonable notice to the department and the school district, the student's parent may remove the student from the nonpublic eligible school and place the student in a public eligible school in accordance with this section.
(c) Upon reasonable notice to the department, the student's parent may move the student from one (1) participating nonpublic eligible school to another participating nonpublic eligible school.
SECTION 5. (1) (a) The parent is not required to accept the offer of enrolling an eligible student in another public eligible school in lieu of requesting a Mississippi School Choice Scholarship to a nonpublic eligible school. However, if the parent chooses the public eligible school option, the student may continue attending a public eligible school other than the school of initial enrollment chosen by the parent until the student completes Grade 12 or attains the age of twenty-one (21) years, whichever occurs first.
(b) If the parent chooses to enroll the child in a different public eligible school within the district in lieu of the nonpublic eligible school option, the school district shall provide transportation to the public eligible school selected by the parent.
(2) If the parent chooses the nonpublic eligible school option and the student is accepted by the nonpublic eligible school pending the availability of a space for the student, the parent of the student must notify the department thirty (30) days before the first scholarship payment and before entering the nonpublic eligible school in order to be eligible for the scholarship when a space becomes available for the student in the nonpublic eligible school.
(3) The parent of a student may choose, as an alternative, to enroll the student in and transport the student to a public eligible school in an adjacent school district which has available space and that school district shall accept the student and report the student for purposes of the district's funding under the Mississippi Adequate Education Program.
(4) For a student who participates in the Mississippi School Choice Scholarship Program who attends a nonpublic eligible school and whose parent requests that the student take the statewide assessments, the local school district in which the student attends nonpublic eligible school shall provide locations and times for the student to take all statewide assessments as requested by the parent. Students participating in the Mississippi School Choice Scholarship Program who attend another public eligible school shall be required to take the statewide assessments administered by the State Department of Education.
SECTION 6. (1) A parent who applies for a Mississippi School Choice Scholarship is exercising his or her parental option to place his or her child in a nonpublic eligible school. Each participating parent and student shall adhere to the following:
(a) The parent must select another public eligible school or nonpublic eligible school in the district of residence or attendance zone and apply for the admission of his or her child. If there is no other public eligible school or nonpublic eligible school in the district of residence that accommodates the age and grade level of the eligible student seeking admission, the parent may select another eligible school in a school district adjacent to the district of residence;
(b) The parent must have requested the scholarship at least thirty (30) days before the date of the first scholarship payment;
(c) Any student participating in the Mississippi School Choice Scholarship Program must remain in attendance throughout the school year unless excused by the school for illness or other good cause;
(d) Each parent and each student has an obligation to the nonpublic eligible school to comply with the nonpublic eligible school's published policies;
(e) If the parent requests that the student participating in the Mississippi School Choice Scholarship Program who attends a nonpublic eligible school take all statewide assessments, the parent is responsible for transporting the student to the assessment site designated by the school district; and
(f) Upon receipt of a scholarship warrant, the parent to whom the warrant is made must restrictively endorse the warrant to the nonpublic eligible school for deposit into the account of the nonpublic eligible school. The parent may not designate any entity or individual associated with the participating nonpublic eligible school as the parent's attorney in fact to endorse a scholarship warrant. A participant who fails to comply with this paragraph forfeits the scholarship.
(2) (a) If an eligible student enrolls in an eligible school for less than an entire school year, the Mississippi School Choice Scholarship provided under this act for that school year shall be reduced on a prorated basis to reflect the shorter school term.
(b) An eligible student is entitled to only one (1) scholarship for each school year. If the eligible student leaves the eligible school for which the eligible student was awarded a scholarship and enrolls in another eligible school, the eligible student is responsible for the payment of any tuition required for the remainder of that school year.
SECTION 7. (1) The maximum scholarship granted for an eligible student shall be a calculated amount equivalent to the base student allocation in the Mississippi Adequate Education Program multiplied by the appropriate cost factor for the educational program that would have been provided for the student in the district school to which he or she was assigned, multiplied by the district cost differential. Also, the calculated amount shall include the per-student share of supplemental academic instruction funds, instructional materials funds, technology funds, and other categorical funds.
(2) The amount of the Mississippi School Choice Scholarship shall be the calculated amount under subsection (1) of this section or the amount of the nonpublic eligible school's tuition and fees, whichever is less. The amount of any assessment fee required by the participating nonpublic eligible school may be paid from the total amount of the scholarship.
(3) (a) The school district shall report all students who are attending a nonpublic eligible school under this program. The students attending nonpublic eligible schools on Mississippi School Choice Scholarships shall be reported separately from other students reported for purposes of the Mississippi Adequate Education Program.
(b) Following notification on July 1, September 1, December 1, or February 1 of the number of program participants, the department shall transfer, from general revenue funds only, the amount calculated under subsection (1)(b) from the school district's total funding entitlement under the Mississippi Adequate Education Program and from authorized categorical accounts to a separate account for the scholarship program for quarterly disbursement to the parents of participating students. When a student enters the scholarship program, the department must receive all documentation required for the student's participation, including the nonpublic eligible school's and student's fee schedules, at least thirty (30) days before the first quarterly scholarship payment is made for the student.
(c) Upon notification by the department that it has received the documentation required under paragraph (b), the department shall make scholarship payments in four (4) equal amounts no later than September 1, November 1, February 1, and April 1 of each academic year in which the scholarship is in force. The initial payment shall be made after department verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the nonpublic eligible school. Payment must be by individual warrant made payable to the student's parent and mailed by the department to the nonpublic eligible school of the parent's choice, and the parent shall restrictively endorse the warrant to the nonpublic eligible school for deposit into the account of the nonpublic eligible school.
(d) After each scholarship payment, the department shall request from the State Treasury a sample of endorsed warrants to review and confirm compliance with endorsement requirements.
SECTION 8. (1) To be eligible to participate in the Mississippi School Choice Scholarship Program, a nonpublic school may be sectarian or nonsectarian and must:
(a) Provide to the department all documentation required for a student's participation, including the nonpublic school's and student's fee schedules, at least thirty (30) days before the first quarterly scholarship payment is made for the student.
(b) Be academically accountable to the parent for meeting the educational needs of the student by:
(i) At a minimum, annually providing to the parent a written explanation of the student's progress; and
(ii) Cooperating with the scholarship student whose parent chooses to participate in the statewide assessments; and
(c) Maintain in this state a physical location where a scholarship student regularly attends classes.
(2) The inability of a nonpublic eligible school to meet the requirements of this subsection shall constitute a basis for the ineligibility of the nonpublic school to participate in the scholarship program as determined by the department.
(3) The department or any other state agency may not in any manner regulate the educational program of a nonpublic eligible school that accepts a choice scholarship under the provisions of this act, including the regulation of the curriculum content, religious instruction or activities, classroom teaching, teacher or staff hiring requirement with the exception of the criminal background check requirement under Section 37-9-17(2) and (3), and other activities carried out by the eligible school.
SECTION 9. The creation of the Mississippi School Choice Scholarship Program does not expand the regulatory authority of the State Board of Education, the department, the state or its officers to impose additional regulation of nonpublic eligible schools beyond those necessary for the enforcement of the provisions of this act.
SECTION 10. (1) (a) The performance provisions of the school's curriculum design shall be based on a performance framework consistent with the Mississippi Curriculum Framework that clearly sets forth the academic and operational performance indicators, measures and metrics that will guide the State Board of Education's evaluations of the school. The performance framework shall include indicators, measures and metrics, at a minimum, for the following:
(i) Student academic proficiency;
(ii) Student academic growth;
(iii) Achievement gaps in both proficiency and growth between major student subgroups;
(iv) Attendance;
(v) Recurrent enrollment from year to year;
(vi) Financial performance and sustainability; and
(vii) School performance, including compliance with all applicable laws and regulations.
(b) Annual performance targets shall be established and shall be designed to help schools meet applicable federal, state and board expectations. These performance targets must include a requirement that schools not fail to comply with federal school accountability requirements.
(c) The performance framework shall allow the inclusion of additional rigorous, valid, and reliable indicators to augment external evaluations of its performance.
(d) The performance framework shall require the desegregation of all student performance data by major student subgroups (gender, race, poverty status, special education status, English Learner status and gifted status).
(e) Each school shall be responsible for collecting, analyzing and reporting all data from state assessments in accordance with the performance framework.
(2) (a) The board shall continually monitor the performance and legal compliance of schools, including collecting and analyzing data to support ongoing evaluation. The board shall have the authority to conduct or require oversight activities that enable the board to fulfill its responsibilities under this act, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this act, and do not unduly inhibit the autonomy granted to each school.
(b) If the school's performance or legal compliance appears unsatisfactory, the board shall promptly notify the school of the perceived problem and provide reasonable opportunity for the school to remedy the problem and, upon request, provide technical assistance.
(c) The board shall have the authority to take appropriate corrective actions or exercise sanctions in response to deficiencies in the school's performance or legal compliance. These actions or sanctions may include, if warranted, requiring the school to develop and execute a corrective action plan within a specified time frame.
(3) On or before September 30 of each year, the board shall issue to the Governor, the Legislature, and the public at large, an annual report that shall include a comparison of the performance of each school's performance of academically, ethnically and economically comparable groups of similar students in traditional public schools. In addition, the annual report shall include the State Board of Education's assessment of the successes, challenges and areas for improvement in meeting the purposes of this act and any recommended changes to state law or policy necessary to strengthen the program.
SECTION 11. The department shall:
(a) Establish a handbook for school districts providing guidelines for student participation and a toll-free hotline that provides parents and nonpublic eligible schools with information on participation in the Mississippi School Choice Scholarship Program;
(b) Annually verify the eligibility of nonpublic eligible schools;
(c) Establish a process by which individuals may notify the department of any violation by a parent, nonpublic eligible school, or school district of state laws relating to program participation. The department shall conduct an inquiry of any written complaint of a violation of this section, or make a referral to the appropriate agency for an investigation, if the complaint is signed by the complainant and is legally sufficient. A complaint is legally sufficient if it contains ultimate facts that show that a violation of this section or any rule adopted by the State Board of Education has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation from the complainant;
(d) Require an annual, notarized, sworn compliance statement by participating nonpublic eligible schools certifying compliance with state laws and shall retain such records;
(e) Cross-check the list of participating scholarship students with the public school enrollment lists before each scholarship payment to avoid duplication; and
(f) (i) Conduct random site visits to nonpublic eligible schools participating in the Mississippi School Choice Scholarship Program. The purpose of the site visits is solely to verify the information reported by the schools concerning the enrollment and attendance of students, the credentials of teachers, background screening of teachers, and teachers' fingerprinting results, which information is required by rules of the State Board of Education, Section 8 of this act, and Sections 37-3-2 and 37-9-17. The Department of Education may not make more than three (3) random site visits each year and may not make more than one (1) random site visit each year to the same nonpublic eligible school; and
(ii) Annually, by December 15, report to the Governor, the President of the Senate, and the Speaker of the House of Representatives the Department of Education's actions with respect to implementing accountability in the scholarship program under this section, any substantiated allegations or violations of law or rule by a nonpublic eligible school under this program concerning the enrollment and attendance of students, the credentials of teachers, background screening of teachers, and teachers' fingerprinting results and the corrective action taken by the Department of Education.
SECTION 12. (1) The State Board of Education in conjunction with each nonpublic eligible school and local school board operating under the provisions of this act, may:
(a) Extend the school day or length of the scholastic year;
(b) Develop and establish a curriculum that is consistent with the Mississippi Curriculum Framework in the subject areas of mathematics, social studies, science, music, art and physical education; and
(c) Select, purchase and use textbooks, literature and other instructional materials that would improve educational attainment by students in the school, subject to the approval of the board.
(2) The qualified personnel employed to facilitate the educational process of learning and instruction for students attending the school shall be subject to criminal history record checks and fingerprinting requirements applicable to other public schools under Section 37-9-17(2) and (3).
SECTION 13. (1) (a) Each school participating in the scholarship program shall adhere to generally accepted accounting principles as promulgated by nationally recognized professional organizations.
(b) Each school shall have its financial records audited annually, at the end of each fiscal year, either by the State Auditor or by a certified public accountant approved by the State Auditor, and shall file a copy of each audit report and accompanying management letter with the board by July 30.
(2) Nothing in this act shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of any school authorized under this act, except religious or sectarian organizations. The State Board of Education, acting on behalf of the participating schools, is authorized to accept gifts, donations, and grants of any kind made to a participating school and to expend or use such gifts, donations, and grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant may be accepted if subject to a condition that is contrary to any provision of state law or board rule.
SECTION 14. No liability shall arise on the part of the state based on the award or use of a Mississippi School Choice Scholarship.
SECTION 15. The inclusion of nonpublic eligible schools within options available to Mississippi public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of nonpublic eligible schools beyond those reasonably necessary to enforce requirements expressly set forth in this section.
SECTION 16.
(1) The department shall establish the standards used to allocate Mississippi
School Choice Scholarships among eligible students.
(2) (a) An eligible school may not discriminate on the basis of race,
color, or national origin, and shall abide by the school's written admission
policy fairly and without discrimination with regard to students who apply for
or are awarded scholarships under this act.
(3) If the number of applicants for enrollment in an eligible school
under a Mississippi School Choice Scholarship exceeds the number of
scholarships available to the eligible school, the eligible school must draw at
random in a public meeting the applications of applicants who are entitled to a
Mississippi School Choice Scholarship from among the applicants who meet the
requirements for admission to the eligible school.
(4) The department shall, at a minimum, annually visit each eligible
school to verify that the eligible school complies with the provisions of the
United States Constitution and the Constitution of the State of Mississippi.
SECTION 17. Section 37-3-2, Mississippi Code of 1972, is brought
forward as follows:
37-3-2. (1) There is established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.
(2) The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed, three (3) from each congressional district: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the State Board for Community and Junior Colleges; one (1) local school board member; and four (4) laypersons. All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.
(3) The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
(4) An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.
(5) It shall be the duty of the commission to:
(a) Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;
(b) Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state;
(c) Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;
(d) Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;
(e) Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;
(f) Review all existing requirements for certification and licensure;
(g) Consult with groups whose work may be affected by the commission's decisions;
(h) Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;
(i) Hold hearings concerning standards for teachers' and administrators' education and certification and licensure with approval of the State Board of Education;
(j) Hire expert consultants with approval of the State Board of Education;
(k) Set up ad hoc committees to advise on specific areas; and
(l) Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.
(6) (a) Standard License - Approved Program Route. An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:
(i) An application on a department form;
(ii) An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi prekindergarten through kindergarten classrooms shall require completion of a teacher education program or a bachelor of science degree with child development emphasis from a program accredited by the American Association of Family and Consumer Sciences (AAFCS) or by the National Association for Education of Young Children (NAEYC) or by the National Council for Accreditation of Teacher Education (NCATE). Licensure to teach in Mississippi kindergarten, for those applicants who have completed a teacher education program, and in Grade 1 through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person's college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC) or, for those applicants who have a bachelor of science degree with child development emphasis, the American Association of Family and Consumer Sciences (AAFCS);
(iii) A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service's teacher testing examinations; and
(iv) Any other document required by the State Board of Education.
(b) Standard License - Nontraditional Teaching Route. Beginning January 1, 2004, an individual who has a passing score on the Praxis I Basic Skills and Praxis II Specialty Area Test in the requested area of endorsement may apply for the Teach Mississippi Institute (TMI) program to teach students in Grades 7 through 12 if the individual meets the requirements of this paragraph (b). The State Board of Education shall adopt rules requiring that teacher preparation institutions which provide the Teach Mississippi Institute (TMI) program for the preparation of nontraditional teachers shall meet the standards and comply with the provisions of this paragraph.
(i) The Teach Mississippi Institute (TMI) shall include an intensive eight-week, nine-semester-hour summer program or a curriculum of study in which the student matriculates in the fall or spring semester, which shall include, but not be limited to, instruction in education, effective teaching strategies, classroom management, state curriculum requirements, planning and instruction, instructional methods and pedagogy, using test results to improve instruction, and a one (1) semester three-hour supervised internship to be completed while the teacher is employed as a full-time teacher intern in a local school district. The TMI shall be implemented on a pilot program basis, with courses to be offered at up to four (4) locations in the state, with one (1) TMI site to be located in each of the three (3) Mississippi Supreme Court districts.
(ii) The school sponsoring the teacher intern shall enter into a written agreement with the institution providing the Teach Mississippi Institute (TMI) program, under terms and conditions as agreed upon by the contracting parties, providing that the school district shall provide teacher interns seeking a nontraditional provisional teaching license with a one-year classroom teaching experience. The teacher intern shall successfully complete the one (1) semester three-hour intensive internship in the school district during the semester immediately following successful completion of the TMI and prior to the end of the one-year classroom teaching experience.
(iii) Upon completion of the nine-semester-hour TMI or the fall or spring semester option, the individual shall submit his transcript to the commission for provisional licensure of the intern teacher, and the intern teacher shall be issued a provisional teaching license by the commission, which will allow the individual to legally serve as a teacher while the person completes a nontraditional teacher preparation internship program.
(iv) During the semester of internship in the school district, the teacher preparation institution shall monitor the performance of the intern teacher. The school district that employs the provisional teacher shall supervise the provisional teacher during the teacher's intern year of employment under a nontraditional provisional license, and shall, in consultation with the teacher intern's mentor at the school district of employment, submit to the commission a comprehensive evaluation of the teacher's performance sixty (60) days prior to the expiration of the nontraditional provisional license. If the comprehensive evaluation establishes that the provisional teacher intern's performance fails to meet the standards of the approved nontraditional teacher preparation internship program, the individual shall not be approved for a standard license.
(v) An individual issued a provisional teaching license under this nontraditional route shall successfully complete, at a minimum, a one-year beginning teacher mentoring and induction program administered by the employing school district with the assistance of the State Department of Education.
(vi) Upon successful completion of the TMI and the internship provisional license period, applicants for a Standard License - Nontraditional Route shall submit to the commission a transcript of successful completion of the twelve (12) semester hours required in the internship program, and the employing school district shall submit to the commission a recommendation for standard licensure of the intern. If the school district recommends licensure, the applicant shall be issued a Standard License - Nontraditional Route which shall be valid for a five-year period and be renewable.
(vii) At the discretion of the teacher preparation institution, the individual shall be allowed to credit the twelve (12) semester hours earned in the nontraditional teacher internship program toward the graduate hours required for a Master of Arts in Teacher (MAT) Degree.
(viii) The local school district in which the nontraditional teacher intern or provisional licensee is employed shall compensate such teacher interns at Step 1 of the required salary level during the period of time such individual is completing teacher internship requirements and shall compensate such Standard License - Nontraditional Route teachers at Step 3 of the required salary level when they complete license requirements.
Implementation of the TMI program provided for under this paragraph (b) shall be contingent upon the availability of funds appropriated specifically for such purpose by the Legislature. Such implementation of the TMI program may not be deemed to prohibit the State Board of Education from developing and implementing additional alternative route teacher licensure programs, as deemed appropriate by the board. The emergency certification program in effect prior to July 1, 2002, shall remain in effect.
A Standard License - Approved Program Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License - Approved Program Route or Standard License - Nontraditional Teaching Route over persons holding any other license.
(c) Special License - Expert Citizen. In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A Special License - Expert Citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.
(d) Special License - Nonrenewable. The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in subsection (6)(a), (b) or (c) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.
(e) Nonlicensed Teaching Personnel. A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire nonlicensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.
(f) Special License - Transitional Bilingual Education. Beginning July 1, 2003, the commission shall grant special licenses to teachers of transitional bilingual education who possess such qualifications as are prescribed in this section. Teachers of transitional bilingual education shall be compensated by local school boards at not less than one (1) step on the regular salary schedule applicable to permanent teachers licensed under this section. The commission shall grant special licenses to teachers of transitional bilingual education who present the commission with satisfactory evidence that they (i) possess a speaking and reading ability in a language, other than English, in which bilingual education is offered and communicative skills in English; (ii) are in good health and sound moral character; (iii) possess a bachelor's degree or an associate's degree in teacher education from an accredited institution of higher education; (iv) meet such requirements as to courses of study, semester hours therein, experience and training as may be required by the commission; and (v) are legally present in the United States and possess legal authorization for employment. A teacher of transitional bilingual education serving under a special license shall be under an exemption from standard licensure if he achieves the requisite qualifications therefor. Two (2) years of service by a teacher of transitional bilingual education under such an exemption shall be credited to the teacher in acquiring a Standard Educator License. Nothing in this paragraph shall be deemed to prohibit a local school board from employing a teacher licensed in an appropriate field as approved by the State Department of Education to teach in a program in transitional bilingual education.
(g) In the event any school district meets the highest accreditation standards as defined by the State Board of Education in the accountability system, the State Board of Education, in its discretion, may exempt such school district from any restrictions in paragraph (e) relating to the employment of nonlicensed teaching personnel.
(h) Highly Qualified Teachers. Beginning July 1, 2006, any teacher from any state meeting the federal definition of highly qualified, as described in the No Child Left Behind Act, must be granted a standard five-year license by the State Department of Education.
(7) Administrator License. The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.
(a) Administrator License - Nonpracticing. Those educators holding administrative endorsement but having no administrative experience or not serving in an administrative position on January 15, 1997.
(b) Administrator License - Entry Level. Those educators holding administrative endorsement and having met the department's qualifications to be eligible for employment in a Mississippi school district. Administrator License - Entry Level shall be issued for a five-year period and shall be nonrenewable.
(c) Standard Administrator License - Career Level. An administrator who has met all the requirements of the department for standard administrator licensure.
(d) Administrator License - Nontraditional Route. The board may establish a nontraditional route for licensing administrative personnel. Such nontraditional route for administrative licensure shall be available for persons holding, but not limited to, a master of business administration degree, a master of public administration degree, a master of public planning and policy degree or a doctor of jurisprudence degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.
Individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. All applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.
(8) Reciprocity. (a) The department shall grant a standard license to any individual who possesses a valid standard license from another state and meets minimum Mississippi license requirements or equivalent requirements as determined by the State Board of Education.
(b) The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.
(9) Renewal and Reinstatement of Licenses. The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard license held by an educator shall be extended five (5) years beyond the expiration date of the license in order to afford the educator adequate time to fulfill new renewal requirements established pursuant to this subsection. An educator completing a master of education, educational specialist or doctor of education degree in May 1997 for the purpose of upgrading the educator's license to a higher class shall be given this extension of five (5) years plus five (5) additional years for completion of a higher degree.
(10) All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission of Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission or its subcommittee shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the committee or its subcommittee. An appeal to the State Board of Education shall be on the record previously made before the commission or its subcommittee unless otherwise provided by rules and regulations adopted by the board. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the committee or its subcommittee. The decision of the State Board of Education shall be final.
(11) The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:
(a) Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;
(b) The applicant has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;
(c) The applicant is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect, at the time of application for a license;
(d) Revocation or suspension of an applicant's certificate or license by another state;
(e) Fraud or deceit committed by the applicant in securing or attempting to secure such certification and license;
(f) Failing or refusing to furnish reasonable evidence of identification;
(g) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law; or
(h) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law.
(12) The State Board of Education, acting on the recommendation of the commission, may revoke or suspend any teacher or administrator license for specified periods of time for one or more of the following:
(a) Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57;
(b) Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;
(c) Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;
(d) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law;
(e) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense, as defined by federal or state law;
(f) The license holder knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1);
(g) The license holder has engaged in unethical conduct relating to an educator/student relationship as identified by the State Board of Education in its rules;
(h) The license holder has fondled a student as described in Section 97-5-23, or had any type of sexual involvement with a student as described in Section 97-3-95; or
(i) The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24.
(13) (a) Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59 may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.
(b) Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.
(c) A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may only be reinstated by a majority vote of all members of the commission present at the meeting called for such purpose.
(14) A person whose license has been suspended on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of suspension, or after one-half (1/2) of the suspended time has lapsed, whichever is greater. A license suspended or revoked on the criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked, suspended or surrendered license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner's rehabilitation and fitness to perform the duties authorized by the license.
(15) Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.
(16) An appeal from the action of the State Board of Education in denying an application, revoking or suspending a license or otherwise disciplining any person under the provisions of this section shall be filed in the Chancery Court of the First Judicial District of Hinds County on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in chancery court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and the filing of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the chancery court, the applicant or license holder shall pay the costs of the appeal and the action of the chancery court.
(17) All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.
(18) The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public schools of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.
(19) In addition to the reasons specified in subsections (12) and (13) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 18. Section 37-9-17, Mississippi Code of 1972, is brought forward as follows:
37-9-17. (1) On or before April 1 of each year, the principal of each school shall recommend to the superintendent of the local school district the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent, the superintendent shall recommend the employment of such licensed employees or noninstructional employees to the local school board, and, unless good reason to the contrary exists, the board shall elect the employees so recommended. If, for any reason, the local school board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the superintendent and then by the superintendent to the local school board as provided above. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the superintendent licensed employees or noninstructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district. Any noninstructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the local school district must have been employed by the local school district at the time the superintendent was elected or appointed to office; a noninstructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such noninstructional position with comparable experience, as established by the State Department of Education. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or noninstructional employees and to transmit approved recommendations to the local school board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.
When the licensed employees have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter.
If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.
(2) Superintendents/directors of schools under the purview of the State Board of Education, the superintendent of the local school district and any private firm under contract with the local public school district to provide substitute teachers to teach during the absence of a regularly employed schoolteacher shall require, through the appropriate governmental authority, that current criminal records background checks and current child abuse registry checks are obtained, and that such criminal record information and registry checks are on file for any new hires applying for employment as a licensed or nonlicensed employee at a school and not previously employed in such school under the purview of the State Board of Education or at such local school district prior to July 1, 2000. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The fee for such fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the State Board of Education, the school board of the local school district or a private firm under contract with a local school district to provide substitute teachers to teach during the temporary absence of the regularly employed schoolteacher, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall a member of the State Board of Education, superintendent/director of schools under the purview of the State Board of Education, local school district superintendent, local school board member or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section. Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the procedures provided for herein and shall be responsible for the same fee charged in the case of local public schools of this state. The determination whether the applicant has a disqualifying crime, as set forth in subsection (3) of this section, shall be made by the appropriate governmental authority, and the appropriate governmental authority shall notify the private firm whether a disqualifying crime exists.
(3) If such fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire shall not be eligible to be employed at such school. Any employment contract for a new hire executed by the superintendent of the local school district or any employment of a new hire by a superintendent/director of a new school under the purview of the State Board of Education or by a private firm shall be voidable if the new hire receives a disqualifying criminal record check. However, the State Board of Education or the school board may, in its discretion, allow any applicant aggrieved by the employment decision under this section to appear before the respective board, or before a hearing officer designated for such purpose, to show mitigating circumstances which may exist and allow the new hire to be employed at the school. The State Board of Education or local school board may grant waivers for such mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the children at the school.
(4) No local school district, local school district employee, member of the State Board of Education or employee of a school under the purview of the State Board of Education shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this Section 37-9-17.
SECTION 19. This act shall take effect and be in force from and after July 1, 2012.
