Bill Text: MS HB736 | 2010 | Regular Session | Introduced

Mississippi House Bill 736 (Prior Session Legislation)

Introduced

Bill Title: Mississippi Recovery School District Charter Program; create.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2010-02-02 - Died In Committee [HB736 Detail]

Download: Mississippi-2010-HB736-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Education

By: Representative Brown

House Bill 736

AN ACT TO BE KNOWN AS THE "MISSISSIPPI RECOVERY SCHOOL DISTRICT CHARTER PROGRAM ACT"; TO REQUIRE THE STATE BOARD OF EDUCATION TO IMPLEMENT THE CHARTER PROGRAM AND THE STATE DEPARTMENT OF EDUCATION TO ADMINISTER THE PROGRAM BEGINNING WITH THE 2011-2012 SCHOOL YEAR; TO AUTHORIZE A CHARTER SCHOOL OR CHARTER DISTRICT TO BE FORMED BY THE CONVERSION OF AN EXISTING PUBLIC SCHOOL OR DISTRICT TO CHARTER STATUS BY THE STATE BOARD OF EDUCATION IN SCHOOL DISTRICTS TRANSFERRED TO THE MISSISSIPPI RECOVERY SCHOOL DISTRICT; TO PRESCRIBE CERTAIN REQUIREMENTS TO BE SATISFIED BY SCHOOLS OR DISTRICTS IN THE CHARTER PROGRAM; TO REQUIRE SCHOOLS OR DISTRICTS CONVERTED TO CHARTER STATUS TO GIVE ENROLLMENT PREFERENCE TO STUDENTS WHO WERE ENROLLED IN AND IN ATTENDANCE AT THAT SCHOOL OR DISTRICT BEFORE THE DISTRICT WAS PLACED IN THE CHARTER PROGRAM; TO ALLOW THE ADMISSION OF STUDENTS OUTSIDE OF THE LOCAL SCHOOL SUBJECT TO THE ESTABLISHMENT OF A PROCEDURE FOR THE ADMISSION OF THOSE STUDENTS; TO REQUIRE ANY SCHOOL OR DISTRICT PLACED IN THE CHARTER PROGRAM BY THE STATE BOARD OF EDUCATION TO BE OPEN TO ANY STUDENT RESIDING IN THE STATE; TO PRESCRIBE THE PROCEDURES TO BE FOLLOWED FOR THE ADMISSION OF STUDENTS IN SCHOOLS OR DISTRICTS CHARTERED UNDER THE CHARTER PROGRAM; TO PROVIDE THAT A CHARTER SCHOOL OR CHARTER DISTRICT MAY SUE AND BE SUED; TO PROVIDE IMMUNITY FROM CIVIL LIABILITY TO THE STATE BOARD OF EDUCATION AND ITS MEMBERS; TO PROVIDE THAT THE CHARTER FOR A SCHOOL OR DISTRICT PLACED UNDER THE CHARTER PROGRAM IS VALID FOR AN INITIAL TERM OF THREE YEARS; TO REQUIRE THAT CERTAIN ASSURANCES AND COMPONENTS ARE INCLUDED IN CHARTERS ISSUED BY THE BOARD; TO REQUIRE ALL SCHOOLS OR DISTRICTS CHARTERED UNDER THE CHARTER PROGRAM TO COMPLY WITH ALL STATUTES APPLICABLE TO THE PUBLIC SCHOOLS AND THE RULES, REGULATIONS, POLICIES AND PROCEDURES OF THE STATE BOARD OF EDUCATION; TO PROVIDE FOR THE EMPLOYMENT OF FACULTY AND STAFF MEMBERS AT CHARTER SCHOOLS AND CHARTER DISTRICTS; TO GRANT EXCLUSIVE AUTHORITY OVER ALL EMPLOYMENT PRACTICES OF CHARTER SCHOOLS AND CHARTER DISTRICTS TO THE MISSISSIPPI RECOVERY SCHOOL DISTRICT; TO PROVIDE THAT THOSE EMPLOYED BY THE CHARTER SCHOOL OR CHARTER DISTRICT ARE EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF PROVIDING CERTAIN STATE-FUNDED BENEFITS; TO REQUIRE THE DEPUTY SUPERINTENDENT RESPONSIBLE FOR THE MISSISSIPPI RECOVERY SCHOOL DISTRICT TO PROVIDE AN ANNUAL STATUS REPORT TO THE STATE BOARD OF EDUCATION; TO PROVIDE FOR STATE AND LOCAL FUNDING OF CHARTER SCHOOLS OR CHARTER DISTRICTS UNDER THE CHARTER PROGRAM; TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO REQUIRE THE CONSOLIDATION OF ANY LOCAL SCHOOL DISTRICT THAT IS PLACED UNDER THE MISSISSIPPI RECOVERY SCHOOL DISTRICT INTO AN ADJACENT SCHOOL DISTRICT; TO PROVIDE THAT THE CONSOLIDATION IS SUBJECT TO CERTAIN CONDITIONS; TO AUTHORIZE THE BOARD TO ESTABLISH A CHARTER SCHOOL OR CHARTER DISTRICT IN A SCHOOL DISTRICT THAT IS PLACED UNDER THE MISSISSIPPI RECOVERY SCHOOL DISTRICT; TO AMEND SECTIONS 37-7-113 AND 37-15-29, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known as the "Mississippi Recovery School District Charter Program Act."

SECTION 2. Beginning with the 2011-2012 school year, the State Board of Education shall implement the Mississippi Recovery School District Charter Program, which shall be administered by the State Department of Education. Consistent with the provisions of this act, a charter school or charter district may be formed by conversion of an existing public school or district to charter status by the State Board of Education in school districts that have been transferred to the Mississippi Recovery School District under Section 37-17-6(11)(f). The authorized conversion of an at-risk of failing or failing school by the State Board of Education is applicable only to those schools failing to show an improvement from a failing to an academic watch performance classification on the state accountability rating system used by the State Board of Education.

SECTION 3. The State Board of Education shall require schools or districts in the Mississippi Recovery School District Charter Program to satisfy, at a minimum, the following requirements:

(a) The school or district may not charge tuition;

(b) The school or district may not discriminate on the basis of ethnicity, national origin, gender, income level, disabling condition or athletic ability;

(d) The school or district must be subject to financial audits in the same manner as public school districts;

(e) The school or district must be nonsectarian in its programs, admission policies and employment practices;

(f) The school or district must be accountable to the State Board of Education for its performance as required under this act; and

(g) The school or district must issue annual reports to parents and the State Department of Education and must make the reports available to the public. These reports must include a financial statement, a description of the school's progress in reaching academic goals and a measure of parental satisfaction. SECTION 4. (1) A school or district converted to charter status under this act shall give an enrollment preference to those students who were enrolled in and in attendance at that school or district before the district was placed in the Mississippi Recovery School District Charter Program. Students from outside the local school district may be admitted if the Mississippi Recovery School District agrees to and establishes in the charter a procedure for the enrollment and admission of those students. If a student from outside the school district enrolls in the charter school, the school district from which the student comes must submit an amount equal to that student's pro rata share of the school district's local funds to the charter school or charter district.

(2) A school or district placed in the Mississippi Recovery School District Charter Program by the State Board of Education must be open to any student residing in the state.

(3) A charter school or charter district in the Mississippi Recovery School District Charter Program is subject to any desegregation court orders in effect in the school district in which the charter school or charter district is located.

(4) A charter school or charter district must enroll an eligible student who submits a timely application for enrollment, unless the number of applications for enrollment in a program, class, grade level or school building exceeds the number of applications the school or district is prepared to accept in that program, class, grade level or school building. If an excess number of applications are received by the charter school or charter district, all applicants must have an equal chance of being admitted under the following guidelines:

(a) The school or district may not limit admission to students on the basis of intellectual ability, measure of achievement or aptitude.

(b) The number of students given preference in enrollment may not exceed fifty percent (50%) of the enrollment capacity of a program, class, grade level or school building.

(c) Charter schools or charter districts shall determine enrollment by a random selection method. An applicant in a preference category is eligible for inclusion in the general selection process if the applicant is not selected from the preference category.

(5) The State Board of Education shall permit any pupil enrolled in a charter school or charter district who decides not to attend the charter school or charter district to attend a local public school in an adjacent school district that the pupil otherwise would attend if not enrolled at the charter school, provided that the enrollment does not violate Section 37-15-29(3).

SECTION 5. (1) A charter school or charter district in the Mississippi Recovery School District Charter Program may sue and be sued.

(2) Members of the State Board of Education are immune from civil and criminal liability with respect to all activities of a charter school or charter district in the Mississippi Recovery School District Charter Program. The State Board of Education, in its official capacity as sponsor of a charter school, may be held liable only for matters with which the respective board has been involved directly.

SECTION 6. (1) The State Board of Education shall require all schools or districts placed in the Mississippi Recovery School District Charter Program to retain charter status for an initial period of three (3) years, upon the expiration of which the board may extend the charter status for an additional three-year period after thorough review of the charter school's or district's academic and financial performance, operations and compliance with charter requirements.

(2) The charter issued by the board must include the following:

(a) Assurances that:

(i) The school or district will not charge tuition or other fees except in those instances when tuition or fees are allowed by law to be charged by public school districts;

(ii) The school or district will comply with federal, state and local rules, regulations and statutes relating to safety, civil rights and insurance. The State Department of Education shall publish a list of relevant rules, regulations and statutes to notify charter schools or charter districts of their responsibilities under this subparagraph;

(iii) The school or district will be nonsectarian in programs, admission policies and employment practices;

(iv) The school or district will comply with the same audit requirements as public school districts and will cooperate fully in audits conducted under the direction of the State Auditor; and

(v) The school or district will comply with all federal and state laws relating to the education of children with disabilities;

(b) A description of the responsibilities of the Deputy Superintendent responsible for the Mississippi Recovery School District relating to the policy and operational decisions of the charter school or charter district;

(c) A description of the objective method or methods that will be used to measure student progress, which must include the Mississippi Curriculum Test;

(d) A description of the school's or district's plan for the transportation of students;

(e) A description of the school's or district's plan for handling disruptive students. Notwithstanding any law to the contrary, the State Board of Education shall establish the procedure to be used in deciding whether to admit any student who is suspended or expelled from a charter school due to actions that would lead to suspension or expulsion from a school in a local school district until the period of suspension or expulsion has expired;

(f) A description of the State Board of Education's plan to provide reasonable public notice of the existence, nature and application requirements of the charter school or charter district. This notice must include at least one (1) informational meeting to which the public is invited. Local school districts shall provide reasonable assistance, if requested by the State Board of Education, in providing the notice in their districts. However, the actual expenses incurred by the districts in providing the requested assistance must be paid by the State Board of Education;

(g) A description of the administrative or other services, if any, that the Mississippi Recovery School District will provide for the charter school or charter district;

(h) A description of the method that will be used to compute per-pupil funding for the school;

(i) A description of the types and amount of insurance coverage, including bonding insurance for the principal officers of the school, to be obtained by the charter school or charter district; and

(j) Any other matters required by this act to be included in a charter.

(3) The charter must include the following attachments:

(a) A description of the program of instruction. A charter school or charter district must provide a comprehensive program of instruction for at least one (1) complete grade level of kindergarten, elementary or secondary education. A school or district may offer this program of instruction with an emphasis on a specific learning philosophy, style or certain subject area. If the school is a high school, the program of instruction must require students to earn the minimum number of units required for graduation from public high schools by the State Board of Education in order to be eligible for graduation. The State Board of Education may add grade levels to any school or district during any year that the school or district is under charter status, provided that notice of the additional grade levels is provided at least six (6) months before the beginning of the school year in which those grade levels will be offered; and

(b) A budget encompassing all items necessary for operating the school or district, based on one or more projections of the number of students the school or district anticipates serving in the year for which the budget is prepared.

(4) Provisions of the charter may be amended at any time by the Deputy Superintendent responsible for the Mississippi Recovery School District and the State Board of Education.

SECTION 7. All schools or districts chartered under this act are responsible for complying with all statutes applicable to the public schools and the rules, regulations, policies and procedures of the State Board of Education, including the following standards and statutes:

(a) General health and safety standards;

(b) Section 37-9-75, which relates to teacher strikes;

(d) Section 37-11-21, which prohibits parental abuse of school staff;

(e) Section 37-11-23, which prohibits the willful disruption of school and school meetings;

(f) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property; and

(g) Section 37-19-53, which prohibits false reporting of student counts by school officials.

SECTION 8. (1) (a) Consistent with the policies and procedures implemented by the State Board of Education, the Deputy Superintendent responsible for the Mississippi Recovery School District may employ any faculty and staff members as may be deemed necessary for a charter school or charter district formed under the Mississippi Recovery School District Charter Program. All potential charter school or charter district employees shall be notified of the specific benefits they will be offered, as specified in the school's charter agreement.

(b) The Mississippi Recovery School District shall have exclusive authority over all employment practices and decisions at the charter schools or charter districts.

(2) The qualifications of the teachers in a charter school or charter district must be disclosed to the students' parents before the beginning of the school year.

(3) The instructional staff of the charter school or charter district shall be employees of the State Department of Education for purposes of providing certain state-funded employee benefits, including membership in the Public Employees' Retirement System and the State and School Employees Life and Health Insurance Plan. Charter schools and charter districts are public entities, and the employees of charter schools and charter districts are public school district employees. Employees of a charter school or charter district that elects to become a participating employer under the Public Employees' Retirement System are teachers for the purpose of membership in the Public Employees' Retirement System. Charter schools or charter districts may pay all or part of a teacher's health insurance premiums, including family coverage, as part of the teacher's compensation package.

(4) The Mississippi Recovery School District shall have complete and exclusive control over all decisions regarding assignment, responsibilities and conduct as those decisions relate to any person's employment with a charter school or charter district.

(5) The State Board of Education may determine whether the members of the faculty and staff of the charter school or charter district are required to participate in any assessment and evaluation program required by the State Department of Education.

SECTION 9. (1) The Deputy Superintendent responsible for the Mississippi Recovery School District shall report to the State Board of Education on the number of schools or districts chartered, the status of those schools or districts, and any recommendations by July 1 of each year.

(2) In preparing the report required by this section, the Deputy Superintendent shall compare, to the extent possible, the performance of charter school and charter district pupils with the performance of ethnically and economically comparable groups of pupils who are enrolled in academically comparable courses in other schools and districts, including a fiscal and programmatic analysis based on the total per-pupil funding in each charter school or charter district in relation to the total per-pupil funding in the comparable local public school system.

SECTION 10. (1) A charter school's or charter district's funding shall be based on the number of students enrolled in and in attendance at the school or district.

(2) A charter school or charter district student shall be included in the average daily attendance reports of the local school district in which the student resides, as that local school district was constituted before being placed in the Mississippi Recovery School District. The State Board of Education shall define the means by which a charter school or charter district must verify the residency and attendance of a student at the school or in the district.

(3) Funding from the state for a charter school or charter district student, including transportation funds, shall be allocated to the Mississippi Recovery School District.

(4) For each student enrolled in a school or district chartered by the State Board of Education as provided in this act, the charter school or district shall request from the school district in which the student resides, and the district shall distribute to the charter school or charter district, an amount equal to the local and state portion of the per-pupil expenditures in the student's home district two (2) school years preceding the school year being funded. In addition, federal funds to the charter school or charter district shall be distributed by the school district as dictated by federal law.

(5) A local school district shall remit requested funds in a timely fashion, as defined by the State Board of Education. When contributions are not forwarded in a timely manner, the state shall assess a ten percent (10%) penalty payable to the charter school for failure to forward the contribution.

(6) A charter school or charter district may receive gifts and grants from any public or private source.

SECTION 11. (1) A school or district converted to charter status under the Mississippi Recovery School District Charter Program may be funded by: federal grants, grants, gifts, devises or donations from any private sources; state funds appropriated for the support of the charter school or charter district; and any other funds that may be received by the local school district. The Mississippi Recovery School District is encouraged to apply for federal funds appropriated specifically for the support of charter schools under the Omnibus Consolidated Appropriations Act, 1997 (Public Law No. 104-208 [H.R. 3610] (1996)).

(2) A charter school or charter district may borrow funds and invest funds. Funds received and earnings from investments on gifts from nongovernmental entities may be accounted for separately. If a charter school or charter district reverts to noncharter status, all unspent government funds, unspent earnings from those funds and assets purchased with government funds shall revert to the school board of the district as that board was constituted before the district was placed in the Mississippi Recovery School District. A governmental entity shall not be liable for any debt of the charter school unless that entity explicitly authorized the debt and agreed to be liable for nonpayment of the debt. The State Board of Education's approval of a charter school or charter district budget that includes debt does not constitute the board's liability for that debt.

(3) The State Board of Education may give charter schools or charter districts special preference when allocating grant funds other than state funds for alternative school programs, classroom technology, school improvement programs, mentoring programs or other grant programs designed to improve local school performance. The board may promulgate rules and regulations consistent with state and federal statutes to implement this section.

SECTION 12. 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 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 such 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 such 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 which 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 mileage 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 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;

(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 such 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 which 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;

(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.

The State Board of Education may continue to assign school district performance levels by using a number classification and may assign individual school performance levels by using a number classification to be consistent with school district performance levels.

(5) Nothing in this section shall be deemed to require a nonpublic school which receives no local, state or federal funds for support to become accredited by the State Board of Education.

(6) 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.

(7) 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.

(8) Deleted.

(9) (a) Each local school district shall be required to develop and publish an annual report as prescribed by the State Board of Education. By November 1 of each year, as prescribed by the State Board of Education, the report shall be published in a newspaper having general circulation in the county and posted on the school district's Web site in a printable format. The public notice shall include information on the report's availability on the district's Web site, with the Web site address, and the location(s) in the school district where a copy of the report can be obtained.

(b) 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 (14) 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 (14) of this section have been invoked.

(10) 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.

(11) (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 such affected school district to present evidence or other reasons why its accreditation should not be withdrawn. Subsequent to its consideration of the results of such 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 which jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and such 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, the State Board of Education may request the Governor to declare a state of emergency in that school district. For purposes of this paragraph, such 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. Such 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 conservator, 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 (14) 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 which 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 such 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 which 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 such action as prescribed in Section 37-17-13.

(d) At such time as 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) Not later than July 1 of each year, the State Department of Education shall develop an itemized accounting of the expenditures associated with the management of the conservator process with regard to each school district in which a conservator has been appointed, and an assessment as to the extent to which the conservator has achieved, or failed to achieve, the goals for which the conservator was appointed to guide the local school district.

(f) There is established a Mississippi Recovery School District within the State Department of Education under the management and supervision of a Deputy Superintendent who is appointed by the State Superintendent of Public Education. The Mississippi Recovery School District shall provide leadership, management and oversight of all school districts that are subject to state conservatorship, as defined in Title 37, Chapters 17 and 18, 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 responsible for the Mississippi Recovery School District shall be authorized to oversee the administration of the Mississippi Recovery School District, supervise conservators assigned by the State Board of Education to a local school district, require the conversion of any school district or specific school in a school district in the Mississippi Recovery School District to charter status, hear appeals from school districts under conservatorship 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.

(g) The State Board of Education is authorized to require the consolidation of any local school district placed under the Mississippi Recovery School District into an adjacent school district that is not at-risk of failing or failing as defined by the performance classification on the state accountability rating system.

(12) Upon the declaration of a state of emergency in a school district under subsection (11) 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 such notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print. If a conservator has been appointed for the school district, such 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 conservator (name of conservator)."

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 conservatorship 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 which resulted in the termination of the state of emergency.

(13) 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 conservator the authority to levy taxes except in accordance with presently existing statutory provisions.

(14) (a) Whenever the Governor declares a state of emergency in a school district in response to a request made under subsection (11) of this section, the State Board of Education, in its discretion, may assign an interim conservator 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 conservator 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 conservator, 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, which may make recommendations to the conservator concerning the administration, management and operation of the school district.

Except when, in the determination of the State Board of Education, the school district's impairment is related to a lack of financial resources, the cost of the salary of the conservator and any other actual and necessary costs related to the conservatorship 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 such time as the Governor, pursuant to 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 conservator assigned to such district shall cease.

(b) In order to provide loans to school districts under a state of emergency which 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.

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 in such amounts, as determined by the board, which 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 State General Fund or the Education Enhancement Fund, depending on the source of funding for such loan, 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; such funds withheld by the department shall be deposited into the State General Fund or the Education Enhancement Fund, as the case may be.

The State Board of Education shall develop a protocol that will outline the performance standards and requisite time line 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. Such 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.

(15) In the event 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 conservator, who shall be responsible for the administration, management and operation of the school district until such time as new board members are selected or the Governor declares a state of emergency in that school district under subsection (11), whichever occurs first. In such case, the State Board of Education, acting through the interim conservator, shall have all powers which were held by the previously existing school board, and may take such action as prescribed in Section 37-17-13 and/or one or more of the actions authorized in this section.

(16) (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 (11) or (14) of Section 37-17-6, including the appointment of an interim conservator. 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 such school district be subject to recall. If the Governor declares that the office of the superintendent of such 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 such 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 such office, and at the expiration of such 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 such 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 such 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 such 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 such 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 such 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 subsection, and the appointed members shall be subject to recall in the manner provided in subparagraph (ii).

(17) 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.

(18) 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 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.

(19) 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.

(20) If a local school district is determined as failing and placed into conservatorship for reasons authorized by the provisions of this section, the conservator 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 conservatorship status to the local school board and local superintendent of education if they have not been removed by the conservator, or if the board and superintendent have been removed, to the local governing authority of the municipality or county in which the school district under conservatorship is located. A copy of the conservator's corrective action plan shall also be filed with the State Board of Education.

SECTION 13. Section 37-7-113, Mississippi Code of 1972, is amended as follows:

37-7-113. (1) Notwithstanding any of the foregoing provisions, it is * * * expressly provided that no order of the school board reorganizing, abolishing or altering any school district, whether same be taken with or without a petition therefor, shall be final unless and until the proposed reorganization, alteration or abolition shall be submitted to and approved by the State Board of Education. If the proposed action shall be disapproved by the State Board of Education, the same shall be void and of no effect. If the filing of any petitions with the school board under the provisions of said sections, the school board shall verify same and make a determination of whether same are signed by the requisite number of qualified electors. The finding of the school board upon the question shall be final and conclusive for the purpose of the submission of the matter to the State Board of Education and the approval or disapproval of the action by the board.

(2) Beginning on the effective date of House Bill No. ____, 2010 Regular Session, the State Board of Education, on its own motion may require the administrative consolidation of a school district placed under the Mississippi Recovery School District into an adjacent school district, as authorized by Section 37-17-6(11)(g). All school districts in the Mississippi Recovery School District are subject to consolidation and must comply with any consolidation order issued the State Board of Education; however, the board shall have discretion in selecting those school districts to be consolidated into an adjacent district.

(3) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation authorized under subsection (2) this section. When the consolidation is final, the new district lines shall be submitted by the State Board of Education, with the assistance of the Attorney General, to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. If the changes in the school district lines are approved, the State Board of Education formally shall declare the new lines as the new boundaries of the school districts in the State of Mississippi.

(4) The administrative consolidation of any school district by the State Board of Education authorized under subsection (2) of this section shall not abrogate the duties of the abolished school district to fulfill its obligations arising from any liability for the payment of the bonds or other indebtedness of the district required under Section 37-7-111.

SECTION 14. Section 37-15-29, Mississippi Code of 1972, is amended as follows:

37-15-29. (1) Except as provided in subsections (2), (3), (4) and (5) of this section, no minor child may enroll in or attend any school except in the school district of his residence, unless the child be lawfully transferred from the school district of his residence to a school in another school district in accordance with the statutes of this state now in effect or that may be later enacted.

(2) Those children whose parent(s) or legal guardian(s) are instructional personnel or certificated employees of a school district may at the employee's discretion enroll and attend the school or schools of their parent's or legal guardian's employment regardless of the residence of the child.

(3) No child shall be required to be transported in excess of thirty (30) miles on a school bus from his or her home to school, or in excess of thirty (30) miles from school to his or her home, if there is another school in an adjacent school district located on a shorter school bus transportation route by the nearest traveled road. Those children residing in those geographical situations may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the nearer school, regardless of the residence of the child. If the parent or legal guardian of the child and the school board are unable to agree on the school bus mileage required to transport the child from his or her home to school, an appeal shall lie to the State Board of Education, or its designee, whose decision shall be final.

(4) Those children lawfully transferred from the school district of his residence to a school in another school district before July 1, 1992, may, at the discretion of their parent(s) or legal guardian(s), continue to enroll and attend school in the transferee school district. * * * The brother(s) and sister(s) of those children lawfully transferred before July 1, 1992, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in the transferee school district.

(5) Those children who are enrolled in or in attendance at a charter school or charter district placed under the Mississippi Recovery School District Charter Program may attend a charter school or charter district inside or outside of the local school district regardless of the residence of the child, as authorized in Section 4 of this act.

SECTION 15. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 16. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.