Bill Text: MS HB783 | 2019 | Regular Session | Introduced
Bill Title: State Department of Education; transfer administration, operations, powers and duties to the Office of the Governor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB783 Detail]
Download: Mississippi-2019-HB783-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Education
By: Representative Wilkes
House Bill 783
AN ACT TO AMEND SECTION 37-3-1, MISSISSIPPI CODE OF 1972, TO ABOLISH THE EXISTING STATE DEPARTMENT OF EDUCATION AND TRANSFER THE POWERS AND DUTIES TO THE OFFICE OF THE GOVERNOR; TO PROVIDE THAT THE FORMER STATE DEPARTMENT OF EDUCATION SHALL BE KNOWN AS THE DIVISION OF PUBLIC EDUCATION IN THE OFFICE OF THE GOVERNOR; TO AMEND SECTIONS 37-3-2, 37-3-3, 37-3-4, 37-3-5, 37-3-7, 37-3-9, 37-3-11, 37-3-12, 37-3-13, 37-3-25, 37-3-39, 37-3-46, 37-3-49, 37-3-51, 37-3-53, 37-3-79, 37-3-81, 37-3-82, 37-3-83, 37-3-85, 37-3-87, 37-3-91, 37-3-93, 37-3-95, 37-3-101, 37-3-103, 37-3-105, 37-3-107, 37-1-1, 37-1-2, 37-1-3, 37-1-4, 37-1-9, 37-1-11, 37-1-12 AND 37-1-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-3-1, Mississippi Code of 1972, is amended as follows:
37-3-1. (1) * * * The State Department of
Education shall be abolished, and the Division of Public Education shall be
created in the Office of the Governor, in lieu thereof, to administer this
chapter as the provisions herein relate to public elementary and secondary
education in this state, and to perform such other duties as prescribed by
law. The Executive Director of the Division of Public Education shall be the
State Superintendent of Public Education, who may, subject to the Governor's
approval, assign the appropriate divisions any powers and duties as deemed
appropriate to carry out the division's lawful functions. The Division of
Public Education shall be organized into functional divisions as established by
the State Board of Education and approved by the Governor, including any
divisions established by law and prescribing the duties of the directors of
such divisions.
(2) * * * The Division of Public
Education created in the Office of the Governor shall be the State Department
of Education and shall retain all powers and duties granted by law to the State
Department of Education. Wherever the terms "State Department of
Education," "Department of Education," or "Mississippi
Department of Education," or "department," when referring to the
State Department of Education, appear in any law, rule, regulation or contract,
the same shall be construed to mean the Division of Public Education in the
Office of the Governor.
* * *
SECTION 2. Section 37-3-2, Mississippi Code of 1972, is amended as follows:
37-3-2. (1) There is
established within the * * * Division of Public 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 Mississippi Community College Board; 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 Governor and 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 * * * chair. 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) (a) An appropriate
staff member of the * * * Division of Public 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 * * * Division of
Public Education shall be designated and assigned by the State
Superintendent of Public Education to serve on the staff of the commission.
(b) An Office of
Educator Misconduct Evaluations shall be established within the * * * Division of
Public Education to assist the commission in responding to infractions and
violations, and in conducting hearings and enforcing the provisions of
subsections (11), (12), (13), (14) and (15) of this section, and violations of
the Mississippi Educator Code of Ethics.
(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 and to the Governor each year approval or disapproval of each educator preparation program in the state, subject to a process and schedule determined by the State Board of Education;
(c) Establish, subject to the approval of the State Board of Education and the Governor, standards for initial teacher certification and licensure in all fields;
(d) Establish, subject to the approval of the State Board of Education and the Governor, 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 * * * division:
(i) An application
on a * * *
division form;
(ii) An official
transcript of completion of a teacher education program approved by the * * * division 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). Effective July 1, 2016, for initial elementary education
licensure, a teacher candidate must earn a passing score on a rigorous test of
scientifically research-based reading instruction and intervention and data-based
decision-making principles as approved by the State Board of Education;
(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;
(iv) Any other document required by the State Board of Education; and
(v) From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi who did not meet the following criteria for entrance into an approved teacher education program:
1. Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
2. No less than 2.75 GPA on pre-major coursework of the institution's approved teacher education program provided that the accepted cohort of candidates meets or exceeds a 3.0 GPA on pre-major coursework.
(b) Standard License - Nontraditional Teaching Route. From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi under the alternate route who did not meet the following criteria:
(i) Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
(ii) No less than 2.75 GPA on content coursework in the requested area of certification or passing Praxis II scores at or above the national recommended score provided that the accepted cohort of candidates of the institution's teacher education program meets or exceeds a 3.0 GPA on pre-major coursework.
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 * * * before 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 or her 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 * * * before 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 * * * Division of Public 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 Division of Public 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 or her employment by the local school board and
licensure by the * * * Division of Public 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 * * * Division of
Public 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 paragraph (a), (b) or (c) of this subsection (6) 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 district
or a nonpublic school accredited/approved by the state. Such person shall
submit to the * * *
division a transcript or record of his or her education and
experience which substantiates his or her 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 or
she 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 * * * Division of Public 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, * * * with the approval of the Governor, 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 * * * Division of
Public 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 * * *
division'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 * * *
division 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 * * * division under paragraph (b),
(c) or (d), and the cost of the assessment process required shall be paid by
the applicant.
(8) Reciprocity. (a)
The * * *
division 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. The issuance of a license by reciprocity to a military-trained
applicant or military spouse shall be subject to the provisions of Section 73-50-1.
(b) The * * * division 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 * * * under 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 on 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, suspension or surrender of an applicant's certificate or license by another state shall result in immediate denial of licensure until such time that the records predicating the revocation, suspension or surrender in the prior state have been cleared;
(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;
(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. For purposes of this paragraph (h) and paragraph (g) of this subsection, a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion; or
(i) Probation or post-release supervision for a felony or sex offense conviction, as defined by federal or state law, shall result in the immediate denial of licensure application until expiration of the probationary or post-release supervision period.
(12) The State Board of Education, acting through the commission, may revoke, suspend or refuse to renew any teacher or administrator license for specified periods of time or may place on probation, censure, reprimand a licensee, or take other disciplinary action with regard to any license issued under this chapter 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. For purposes of this paragraph, a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(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, shall result in immediate suspension or revocation;
(f) The license holder has received probation or post-release supervision for a felony or sex offense conviction, as defined by federal or state law, which shall result in immediate suspension or revocation until expiration of the probationary or post-release supervision period;
(g) 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);
(h) 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;
(i) 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;
(j) The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24;
(k) The license holder served as superintendent or principal in a school district during the time preceding and/or that resulted in the Governor declaring a state of emergency and the State Board of Education appointing a conservator;
(l) The license holder
submitted a false certification to the * * * Division of
Public Education that a statewide test was administered in strict
accordance with the Requirements of the Mississippi Statewide Assessment
System; or
(m) The license holder has failed to comply with the Procedures for Reporting Infractions as promulgated by the commission and approved by the State Board of Education pursuant to subsection (15) of this section.
(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) A person whose license has been revoked or surrendered on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of revocation or surrender, or after one-half (1/2) of the revoked or surrendered time has lapsed, whichever is greater. A person whose license has been suspended on any grounds or violations under subsection (12) of this section may be reinstated automatically or approved for a reinstatement hearing, upon submission of a written request to the commission. A license suspended, revoked or surrendered on 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.
(b) A person whose license expires while under investigation by the Office of Educator Misconduct for an alleged violation may not be reinstated without a hearing before the commission if required based on the results of the investigation.
(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, Mississippi, 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 school districts 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 3. Section 37-3-3, Mississippi Code of 1972, is amended as follows:
37-3-3. The office of the * * * Division of
Public Education shall be in the City of Jackson, Mississippi. The * * * Bureau of
Buildings, Grounds and Real Property of the Department of Finance and
Administration shall provide suitable quarters therefor.
The state superintendent of
public education shall provide and keep a seal having around the margin thereof
the words " * * * Division of Public Education"
with the coat of arms of the state in the center. All official acts of the * * * division shall be certified
under * * * the
seal.
SECTION 4. Section 37-3-4, Mississippi Code of 1972, is amended as follows:
37-3-4. (1) There is
established within the * * * Division of Public Education, the
School Executive Management Institute. The director shall be appointed by the
State Board of Education upon recommendation by the State Superintendent of
Public Education. The State Superintendent of Public Education, with the
approval of the State Board of Education, shall assign sufficient staff members
from the * * * Division of Public Education to the
institute.
(2) It shall be the purpose and duty of the institute to conduct thorough empirical studies and analyses of the school management needs of the local school districts throughout the state, to make recommendations to the State Board of Education regarding standards and programs of training that aid in the development of administrative and management skills of local school administrators, and to conduct such programs related to these purposes as they are implemented under guidelines established by the State Board of Education.
(3) The State Board of Education shall develop and implement through the School Executive Management Institute a program for the development of administrative and management skills of local school administrators under which all local school administrators employed by a school district shall be required to participate. Subject to the extent of appropriations available for such purpose, the School Executive Management Institute or the Mississippi School Boards Association shall be required to offer courses at least twice a year on the uses of technology to school district principals, superintendents and other administrative personnel. These courses shall relate to the application of technology to learning, as well as administrative problems.
(4) (a) The institute shall have an advisory board composed of ten (10) qualified members appointed by the State Board of Education after consultation with the State Superintendent of Public Education. This advisory board will offer recommendations to the institute on the types of training to be instituted and supported. The membership of the advisory board shall be composed of the following members, two (2) to be appointed from each congressional district: three (3) school administrators; one (1) representative of public community/junior colleges within the state; one (1) representative of a school of education in an institution of higher learning within the state; two (2) local school board members; one (1) classroom teacher; and two (2) laypersons. In making the initial appointments, three (3) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, two (2) members shall be appointed for a term of three (3) years, and two (2) members shall be appointed for a term of four (4) years. Thereafter, all members shall be appointed for a term of four (4) years. The advisory board shall meet when called by the director, but in no event fewer than three (3) times per year. The members of the advisory board shall be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
(b) Board members of the Oxford-Lafayette Business and Industrial Complex shall be paid per diem and reimbursed for expenses and mileage from local funds in accordance with Section 37-6-13.
(5) (a) Basic Education Course. The Mississippi School Boards Association shall be responsible for preparing and conducting a course of training for basic education for the local school board members of this state, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring. The basic course shall be known as the "School Board Member Training Course" and shall consist of at least twelve (12) hours of training. The Mississippi School Boards Association shall issue certificates of completion to those school board members who complete the basic education course.
(b) Continuing Education Course. The Mississippi School Boards Association shall be responsible for preparing and conducting a course of training for continuing education for the local school board members of this state, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring. The continuing education course shall be known as the "Continuing Education Course for School Board Members" and shall consist of at least six (6) hours of training.
(c) Additional Required Training. Effective July 1, 2009, local school board members and the local superintendent that serve in a district with one or more failing schools as determined by the Mississippi Board of Education accountability system as provided for in Section 37-17-6, or serving in a school district that has a serious financial condition as determined by the State Auditor as provided for in Section 37-9-18, shall annually attend additional training provided by the Mississippi School Boards Association.
The Mississippi School Boards Association shall, subject to appropriation, develop and conduct training specific to the local boards' role in improving learning outcomes and effective financial management. Such training shall be known as "Improving Student Outcomes and Academic Success" which shall consist of not less than six (6) hours of training and "Effective Financial Management In Local School Districts" which shall consist of not less than six (6) hours of training. Any local board members and the local superintendent that serve in a school district that meets the criteria for both of the training modules shall annually attend both training sessions for a total of not less than twelve (12) hours of training. At such time the school district is determined to no longer have failing schools; or no longer has a serious financial condition, such board member and the local superintendent shall no longer be required to attend the training as provided herein. The training as required under subsection (c) shall not replace, but is in addition to, the training required for new school board members and continuing board members as required under Section 37-7-306.
The Mississippi School
Boards Association shall issue certificates of completion to those school board
members who complete the continuing education course. All costs and expenses
for preparing and conducting the basic education course and the continuing
education course provided for in this paragraph shall be paid out of any funds
which are made available to the Mississippi School Boards Association upon
authorization and appropriation by the Legislature to the * * * Division of
Public Education.
(6) The Mississippi School Boards Association shall prepare and submit a report each year to the State Board of Education, the Governor and to the respective Chairs of the House and Senate Education Committees describing the activities and providing an evaluation of the continuing education programs offered by the association each year.
(7) The School Executive
Management Institute of the * * * Division of
Public Education, or the Mississippi School Boards Association with the
oversight of the State Board of Education, at least twice a year, shall prepare
and conduct required courses of training for continuing education for the
elementary and secondary school principals employed by the school districts of
this state, in order for those principals to carry out their duties more effectively
and be exposed to new ideas involving school management. The continuing
education course shall be known as the "Continuing Education Course for
Principals" and shall consist of at least six (6) hours of training. The
content of the continuing education courses and the time and place such courses
are to be conducted shall be determined by the School Executive Management
Institute or the Mississippi School Boards Association; however, to the extent
practicable, such training sessions shall be held within geographical proximity
of local districts in order that travel times and costs shall not be
prohibitive.
The institute shall issue certificates of completion to those principals who complete such courses. All costs and expenses for preparing and conducting the basic and continuing education courses provided for in this subsection shall be paid out of any funds which are made available to the institute upon authorization and appropriation by the Legislature.
(8) School district principals and other administrators with career level certifications at schools meeting the highest levels of accreditation standards, as defined by the State Board of Education, are exempt from the requirements of this section, subject to approval of the local school district superintendent.
SECTION 5. Section 37-3-5, Mississippi Code of 1972, is amended as follows:
37-3-5. The * * * Division of
Public Education is hereby charged with the execution of all laws relating
to the administrative, supervisory and consultative services to the public
schools and agricultural high schools of the school districts throughout the
State of Mississippi. The * * * Division of
Public Education is also authorized to grant property to public school
districts and agricultural high schools of the State of Mississippi.
Subject to the direction of
the State Board of Education as provided by law, the administration, management
and control of the * * *
division is hereby vested in the State Superintendent of Public
Education, who shall be directly responsible for the rightful functioning
thereof.
SECTION 6. Section 37-3-7, Mississippi Code of 1972, is amended as follows:
37-3-7. (1) It shall be
the duty and obligation of the * * * Division of
Public Education, in addition to all other duties and responsibilities
imposed upon it by law, to make a survey and study relative to the problem of
the cost of insuring public school buildings and other school facilities in
this state. Such study and survey shall have as its purpose and object the
development and ascertainment of the amount of insurance premiums paid by the
school districts of this state for fire, extended coverage and other hazard insurance
upon public school buildings and other school facilities in this state, the
amount of losses paid by insurance companies under and by virtue of such
insurance, the ratio of losses with respect to premiums collected, and such
other facts and information with reference to the insurance of public school
buildings and other school facilities and the cost thereof as shall be
necessary and desirable.
(2) In making such study
and survey, the * * * Division of Public Education shall be
authorized and empowered to inspect and examine the financial records and
accounts of the school districts of this state and of such other local, county
and state agencies and instrumentalities as shall be deemed to be proper and
desirable. It shall be the duty and obligation of all such school districts to
prepare and file with the * * *State Department of Education Division of Public Education
such reports relative to insurance premiums paid, losses sustained or incurred,
and other pertinent information with reference to the problem of insurance on
school buildings and other school facilities as the * * * Division of
Public Education shall request.
(3) It shall be the duty
and obligation of the State Insurance Commissioner, the State Fire Marshal, all
other agencies of the State of Mississippi and the State Rating Bureau to
cooperate with and assist the * * * Division of
Public Education in the making of the study and survey herein provided for
to the end that complete and accurate information shall be developed, and, for
such purpose, it shall be the duty and obligation of all such agencies to
furnish, upon request of the * * * Division of
Public Education, all information, material and statistics relating to such
study and survey as shall be within the keeping and possession of such agency.
(4) The information
developed by the * * * Division of Public Education shall be
a public record and shall be available for inspection by any interested party
at all proper times.
SECTION 7. Section 37-3-9, Mississippi Code of 1972, is amended as follows:
37-3-9. (1) There
shall be a State Superintendent of Public Education who shall be appointed by
the State Board of Education, subject to the Governor's approval, and
with the advice and consent of the Senate, and serve at the * * * Governor's will and pleasure.
He or she shall be the Chief Administrative Officer for the * * * Division of
Public Education and shall administer the * * * division in accordance with
the policies established by the State Board of Education. * * * The salary of the State Superintendent of
Education shall be established by the State Board of Education. The State
Superintendent of Public Education shall have at least a master's degree in any
field and a minimum of five (5) years' experience in administration in the
educational field.
(2) The State Superintendent shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law. The bond, when approved, shall be filed and recorded in the Office of the Secretary of State.
SECTION 8. Section 37-3-11, Mississippi Code of 1972, is amended as follows:
37-3-11. The State Superintendent of Public Education shall perform the duties assigned to him or her by the State Board of Education and the Governor, and he or she shall have the following duties:
(a) To serve as secretary for the State Board of Education;
(b) To be the chief
administrative officer of the * * * Division of
Public Education;
(c) To recommend to the State Board of Education, for its consideration, rules and regulations for the supervision of the public schools and agricultural high schools of the school districts throughout the state and for the efficient organization and conduct of the same;
(d) To collect data and make it available to the state board for determining the proper distribution of the state common school funds;
(e) To keep a complete record of all official acts of the State Superintendent and the acts of the State Board of Education;
(f) To prepare, have printed and furnish all officers charged with the administration of the laws pertaining to the public schools, such blank forms and books as may be necessary to the proper discharge of their duties, which printing is to be paid for out of funds provided by the Legislature;
(g) To have printed in pamphlet form the laws pertaining to the public schools and publish therein forms for conducting school business, the rules and regulations for the government of schools that the State Superintendent or the State Board of Education may recommend, and such other matters as may be deemed worthy of public interest pertaining to the public schools, which printing is to be paid for out of funds provided by the Legislature;
(h) To meet all superintendents annually at such time and place as the State Superintendent shall appoint for the purpose of accumulating facts relative to schools, to review the educational progress made in the various sections of the state, to compare views, discuss problems, hear discussions and suggestions relative to examinations and qualifications of teachers, methods of instruction, textbooks, summer schools for teachers, visitation of schools, consolidation of schools, health work in the schools, vocational education and other matters pertaining to the public school system;
(i) To advise all superintendents upon all matters involving the welfare of the schools, and at the request of any superintendent, to give an opinion upon a written statement of facts on all questions and controversies arising out of the interpretation and construction of the school laws, in regard to rights, powers and duties of school officers and superintendents, and to keep a record of all such decisions. Before giving any opinion, the superintendent may submit the statement of facts to the Attorney General, and it shall be the duty of the Attorney General forthwith to examine such statement and suggest the proper decision to be made upon such fact;
(j) To require annually, and as often as the State Superintendent may deem proper, of all superintendents, detailed reports on the educational business of the various districts;
(k) On or before
January 10 in each year to prepare, under the direction of the State Board of
Education, the annual information report of the * * * Division of
Public Education as described in Section 37-151-97;
(l) To determine the number of educable children in the several school districts under rules and regulations prescribed by the State Board of Education; and
(m) To perform such other duties as may be prescribed by the State Board of Education and the Governor.
SECTION 9. Section 37-3-12, Mississippi Code of 1972, is amended as follows:
37-3-12. The State
Superintendent of Public Education shall be responsible for all planning
functions for the * * *
division, including collection, analysis and interpretation of all data,
information, test results, evaluations and other indicators that are used to
formulate policy, identify areas of concern and need and to serve as a basis
for short-range and long-range planning. Such planning shall include
assembling data, conducting appropriate studies and surveys and sponsoring
research and development activities designed to provide information about
educational needs and the effect of alternative educational practices.
SECTION 10. Section 37-3-13, Mississippi Code of 1972, is amended as follows:
37-3-13. * * * The deputy superintendents * * * and associate * * * divisional
directors shall be selected by and hold office subject to the will of the State
Superintendent of Public Education subject to the approval of the State Board
of Education and the Governor. All other personnel shall be
competitively appointed by the State Superintendent and shall be dismissed only
for cause in accordance with the rules and regulations of the State Personnel
Board. The State Board of Education shall set the salary of the deputy
superintendents, associate superintendents and divisional directors, and the
members of the teaching staffs and employees of the Mississippi School of the
Arts. The State Superintendent, subject to the approval of the State Personnel
Board, shall fix the amount of compensation of all other employees of the * * * Division of
Public Education. All salaries, compensation or expenses of any of the
personnel of the * * *
division shall be paid upon the requisition of the State Superintendent
of Public Education and warrant issued thereunder by the State Auditor out of
funds appropriated by the Legislature in a lump sum upon the basis of budgetary
requirements submitted by the Superintendent of Education or out of funds
otherwise made available. The entire expense of administering the * * * division shall never exceed
the amount appropriated therefor, plus funds received from other sources other
than state appropriations. For a violation of this provision, the
superintendent shall be liable, and he or she and the sureties on his or
her bond shall be required to restore any such excess.
* * *
SECTION 11. Section 37-3-25, Mississippi Code of 1972, is amended as follows:
37-3-25. (1) The Director
of the Division of Vocational and Technical Education of the * * * Division of
Public Education who shall be * * * a deputy state
superintendent of education shall be appointed by the State Superintendent of
Public Education, subject to approval by the Governor. The director's
salary shall be set by the State Board of Education subject to the approval of
the State Personnel Board. His or her salary, compensation, travel
expenses or other expenses shall be provided for out of any funds made
available for such purpose by the Legislature, the federal government, or other
gifts or grants.
The director shall be
responsible to the State Superintendent of Public Education for the proper
administration of the programs of vocational and technical education in
conformity with the policies adopted by the State Board of Education and shall
be responsible for appointing any necessary supervisors, assistants, and
employees to assist in carrying out the programs of vocational and technical
education. The director shall have the authority to employ, compensate, terminate,
promote, demote, transfer or reprimand employees of the division. The salary
and compensation of such employees shall be subject to the rules and
regulations adopted and promulgated by the State Personnel Board as created
under Section 25-9-101 et seq. * * *
(2) The Director of the Division of Vocational and Technical Education, subject to the approval of the State Board of Education, shall have charge of and be responsible for vocational and technical education training in:
(a) Agriculture;
(b) Occupational and consumer home economics;
(c) Consumer and homemaking education;
(d) Trades and industry;
(e) Distributive education;
(f) Secondary adult education;
(g) Teacher training and supervision;
(h) Business and office;
(i) Health;
(j) Industrial arts;
(k) Guidance services;
(l) Technical education;
(m) Cooperative education; and
(n) All other specialized training not requiring a bachelors degree, with the exception of programs of nursing education regulated under the provisions of Section 37-129-1.
SECTION 12. Section 37-3-39, Mississippi Code of 1972, is amended as follows:
37-3-39. The State Treasurer
is hereby designated and appointed custodian of all funds made available to the * * * Division of
Public Education other than such funds as may be appropriated by the
Legislature, and he or she is hereby authorized to receive and to
provide for the proper custody of the same. All such funds shall be disbursed
by the treasurer on warrants drawn therefor by the state auditor on
requisitions of the State Superintendent of Public Education.
SECTION 13. Section 37-3-46, Mississippi Code of 1972, is amended as follows:
37-3-46. (1) The * * * Division of
Public Education, in regard to any school within a school district or any
school district not meeting adequate performance of accreditation standards, as
defined by the State Board of Education, shall, subject to appropriation:
(a) Provide to local school districts, or specific schools within those districts, financial, training and other assistance to implement and maintain a state program of educational accountability and assessment of performance.
(b) Provide to local school districts, or specific schools within those districts, technical assistance and training in the development, implementation and administration of a personnel appraisal and compensation system for all school employees.
(c) Provide to local school districts, or specific schools within those districts, technical assistance in the development, implementation and administration of programs designed to keep children in school voluntarily and to prevent dropouts.
(2) Schools or school
districts receiving assistance from the * * * Division of
Public Education as outlined in subsection (1) of this section shall be
required to implement any training, programs, and any other requirements as
specified by the State Superintendent of Public Education.
SECTION 14. Section 37-3-49, Mississippi Code of 1972, is amended as follows:
37-3-49. (1) The * * * Division of
Public Education shall provide an instructional program and establish
guidelines and procedures for managing such program in the public schools
within the school districts throughout the state as part of the State Program
of Educational Accountability and Assessment of Performance as prescribed in
Section 37-3-46. Public school districts may (a) elect to adopt the
instructional program and management system provided by the * * * Division of
Public Education, or (b) elect to adopt an instructional program and
management system which meets or exceeds criteria established by the * * * Division of
Public Education for such. This provision shall begin with the courses
taught in Grades K-8 which contain skills tested through the Mississippi Basic
Skills Assessment Program and shall proceed through all secondary school
courses mandated for graduation and all secondary school courses in the
Mississippi end-of-course testing program. Other state core objectives must be
included in the district's instructional program as they are provided by the * * * Division of
Public Education along with instructional practices, resources, evaluation
items and management procedures. Districts are encouraged to adapt this
program and accompanying procedures to all other instructional areas. The * * * division shall provide that
such program and guidelines, or a program and guidelines developed by a local
school district which incorporates the core objectives from the curriculum
structure are enforced through the performance-based accreditation system. It
is the intent of the Legislature that every effort be made to protect the
instructional time in the classroom and reduce the amount of paperwork which
must be completed by teachers. The * * * Division of
Public Education shall take steps to * * * ensure that school districts
properly use staff development time to work on the districts' instructional
management plans.
(2) The * * * Division of
Public Education shall provide such instructional program and management
guidelines which shall require for every public school district that:
(a) All courses taught
in Grades K-8 which contain skills which are tested through the Mississippi
Basic Skills Assessment Program, all secondary school courses mandated for
graduation, and all courses in the end-of-course testing program shall include
the * * * Division of Public Education's written list of
learning objectives.
(b) The local school board must adopt the objectives that will form the core curriculum which will be systematically delivered throughout the district.
(c) The set of
objectives provided by the * * * Division of
Public Education must be accompanied by suggested instructional practices
and resources that would help teachers organize instruction so as to promote
student learning of the objectives. Objectives added by the school district
must also be accompanied by suggested instructional practices and resources
that would help teachers organize instruction. The instructional practices and
resources that are identified are to be used as suggestions and not as requirements
that teachers must follow. The goal of the program is to have students to
achieve the desired objective and not to limit teachers in the way they teach.
(d) Standards for student performance must be established for each core objective in the local program and those standards establish the district's definition of mastery for each objective.
(e) There shall be an annual review of student performance in the instructional program against locally established standards. When weaknesses exist in the local instructional program, the district shall take action to improve student performance.
(3) The State Board of Education and the board of trustees of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.
(4) This section shall not be construed to limit teachers from using their own professional skills to help students master instructional objectives, nor shall it be construed as a call for more detailed or complex lesson plans or any increase in testing at the local school district level.
(5) Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (2) of this section.
SECTION 15. Section 37-3-51, Mississippi Code of 1972, is amended as follows:
37-3-51. (1) Upon the
conviction of any licensed personnel, as defined in Section 37-9-1, employed by
a public school district or any person employed by a charter or private
elementary or secondary school in a position that requires licensure in the
public school districts, of any felony, or of a sex offense as defined in
subsection (2) of this section, the district attorney or other prosecuting
attorney shall identify those defendants for the circuit clerk. Each circuit
clerk shall provide the * * *State Department of Education Division of Public Education
with notice of the conviction of any such personnel of a felony or a sex
offense. In addition, if the convicted person is an employee of a charter
school, the circuit clerk must provide the same notice to the Mississippi
Charter School Authorizer Board.
(2) "Sex offense" shall mean any of the following offenses:
(a) Section 97-3-65, * * * relating to the
carnal knowledge of a child under fourteen (14) years of age;
(b) Section 97-3-95, * * *
relating
to sexual battery;
(c) Section 97-5-21, * * *
relating
to seduction of a child under age eighteen (18);
(d) Section 97-5-23, * * *
relating
to the touching of a child for lustful purposes;
(e) Section 97-5-27, * * *
relating
to the dissemination of sexually oriented material to children;
(f) Section 97-5-33, * * *
relating
to the exploitation of children;
(g) Section 97-5-41, * * *
relating
to the carnal knowledge of a stepchild, adopted child, or child of a
cohabitating partner;
(h) Section 97-29-59, * * *
relating
to unnatural intercourse; or
(i) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.
(3) In addition, the * * * Division of
Public Education is considered to be the employer of such personnel for
purposes of requesting criminal record background checks.
SECTION 16. Section 37-3-53, Mississippi Code of 1972, is amended as follows:
37-3-53. (1) (a) Each school year, the State Board of Education, acting through the Office of Educational Accountability, shall develop a public school reporting system, or "Mississippi Report Card," on the performance of students and public schools, including charter schools, at the local, district and state level. In developing the report card, the Office of Educational Accountability shall collect school, district and state level student achievement data in the appropriate grades as designated by the State Board of Education in all core subjects, and compare the data with national standards to identify students' strengths and weaknesses. The Mississippi Report Card shall provide more than reports to parents on the level at which their children are performing; the report shall provide clear and comparable public information on the level at which schools, school districts and the state public education system are performing. The Office of Educational Accountability shall encourage local school districts and the general public to use Mississippi Report Card information along with local individual student data to assess the quality of instructional programs and the performance of schools and to plan and implement programs of instructional improvement.
(b) Beginning with the 1998-1999 school year, the Mississippi Report Card shall include information, as compiled by the Office of Compulsory School Attendance Enforcement, which demonstrates clearly the absenteeism and dropout rates in each school district, charter school and the state as a whole and whether those rates reflect a positive or negative change from the same information as reported in the previous year's Mississippi Report Card.
(c) 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 website in a printable format. The public notice shall include information on the report's availability on the district's website, with the website address, and the location(s) in the school district where a copy of the report can be obtained.
(2) The * * * Division of
Public Education may benefit from the use of performance data from the
Mississippi Report Card in making evaluations under Section 37-19-9.
SECTION 17. Section 37-3-79, Mississippi Code of 1972, is amended as follows:
37-3-79. The * * * Division of
Public Education shall employ a Curriculum Coordinator of Music and Art
Education who holds certification as a music and/or art teacher. The
supervisor's responsibilities shall include the oversight of the elementary
music/art programs as well as secondary programs.
SECTION 18. Section 37-3-81, Mississippi Code of 1972, is amended as follows:
37-3-81. The * * * Division of Public
Education, using only existing staff and resources, shall establish and
maintain a School Safety Center, which shall operate a statewide information
clearinghouse that: (a) provides assistance to school districts and
communities during school crises; and (b) provides technical assistance,
training and current resources to public school officials and parents who need
assistance in researching, developing and implementing school safety plans and
in maintaining a safe school environment. However, no monies from the
Temporary Assistance for Needy Families grant may be used for the School Safety
Center.
SECTION 19. Section 37-3-82, Mississippi Code of 1972, is amended as follows:
37-3-82. (1) There is
hereby established the Mississippi Community Oriented Policing Services in
Schools (MCOPS) grant program in the * * * Division of
Public Education to provide funding, pursuant to specific appropriation by
the Legislature therefor, to assist law enforcement agencies in providing
additional School Resource Officers to engage in community policing in and
around primary and secondary schools. The MCOPS program shall authorize the * * * Division of Public
Education to make grants to increase deployment of law enforcement officers
in order (a) to increase or enhance community policing in this state, (b) that
trained, sworn enforcement officers assigned to schools play an integral part
in the development and/or enhancement of a comprehensive school safety plan,
and (c) that the presence of these officers shall provide schools with a direct
link to local law enforcement agencies.
(2) The MCOPS program shall meet the following requirements and standards:
(a) This program shall provide an incentive for law enforcement agencies to build collaborative partnerships with the school community and to use community policing efforts to combat school violence and implement educational programs to improve student and school safety.
(b) The additional School Resource Officers must devote at least seventy-five percent (75%) of their time to work in and around primary and secondary schools, in addition to the time that School Resource Officers are devoting in the absence of the MCOPS in Schools grant.
(c) The MCOPS in
Schools program shall provide a maximum state contribution of up to Ten
Thousand Dollars ($10,000.00) per officer position over the one-year grant
period, to be matched from local funds on a 50/50 matching basis. Officers
paid with MCOPS funds may be employed by the local law enforcement agency or by
the local school district. MCOPS funds may be used to pay for entry-level
salaries and benefits of newly trained additional School Resource Officers and
may be used to pay the salaries and benefits of School Resource Officers
employed * * *
before July 1, 2013. All jurisdictions that apply must demonstrate that
they have primary law enforcement authority over the school(s) identified in
their application and demonstrate their inability to implement this project
without state assistance. Schools or law enforcement agencies may not reduce
its overall federal, state, locally funded level of sworn officers (including
other School Resource Officers or other sworn officers assigned to the schools)
as a result of applying for or receiving MCOPS in Schools grant funding. MCOPS
in Schools funding may be used to rehire sworn officers previously employed who
have been laid off for financial reasons unrelated to the availability of the
MCOPS in Schools grant, but must obtain prior written approval from the * * * Division of
Public Education.
( * * *d) School Resource Officers (SROs) may
serve in a variety of roles, including, but not limited to, that of a law
enforcement officer/safety specialist, law-related educator, and problem-solver/community
liaison. These officers may teach programs such as crime prevention, substance
abuse prevention, and gang resistance as well as monitor and assist troubled
students through mentoring programs. The School Resource Officer(s) may also
identify physical changes in the environment that may reduce crime in and
around the schools, as well as assist in developing school policies which address
criminal activity and school safety.
The application must also include a Memorandum of Understanding (MOU), signed by the law enforcement executive and the appropriate school official(s), to document the roles and responsibilities to be undertaken by the law enforcement agency and the educational school partner(s) through this collaborative effort. The application must also include a Narrative Addendum to document that the School Resource Officer(s) will be assigned to work in and around primary or secondary schools and provide supporting documentation in the following areas: problem identification and justification, community policing strategies to be used by the officers, quality and level of commitment to the effort, and the link to community policing.
( * * *e) All agencies receiving awards
through the MCOPS in Schools program are required to send the School Resource
Officer position(s) funded by this grant, to the Mississippi Law Enforcement
Officers' Training Academy where they shall be required to participate in
training through the Advanced Law Enforcement Rapid Response Training Program
at the academy, with the cost to be defrayed from the MCOPS program. The MCOPS
Office of the * * * Division of Public Education will
reimburse grantees for training, per diem, travel, and lodging costs for
attendance of required participants up to a maximum of One Thousand Two Hundred
Dollars ($1,200.00) per person attending. Applicants receiving an MCOPS in
Schools grant, will receive additional training information following
notification of the grant award. The MCOPS in Schools training requirement
must be completed * * * before the end of twelve-month grant funding for officer
positions.
(3) The * * * Division of
Public Education shall promulgate rules and regulations prescribing
procedures for the application, expenditure requirements and the administration
of the Mississippi Community Oriented Policing Services in Schools (MCOPS) program
established in this section * * *.
SECTION 20. Section 37-3-83, Mississippi Code of 1972, is amended as follows:
37-3-83. (1) There is
established within the * * * Division of Public Education, using
only existing staff and resources, a School Safety Grant Program, available to
all eligible public school districts, to assist in financing programs to
provide school safety. However, no monies from the Temporary Assistance for
Needy Families grant may be used for the School Safety Grant Program.
(2) The school board of
each school district, with the assistance of the * * * Division of
Public Education School Safety Center, shall adopt a comprehensive local
school district school safety plan and shall update the plan on an annual
basis.
(3) Subject to the extent of appropriations available, the School Safety Grant Program shall offer any of the following specific preventive services, and other additional services appropriate to the most current school district school safety plan:
(a) Metal detectors;
(b) Video surveillance cameras, communications equipment and monitoring equipment for classrooms, school buildings, school grounds and school buses;
(c) Crisis management/action teams responding to school violence;
(d) Violence
prevention training, conflict resolution training, and other appropriate
training designated by the * * * Division of
Public Education for faculty and staff; and
(e) School safety personnel.
(4) Each local school
district of this state may annually apply for school safety grant funds subject
to appropriations by the Legislature. School safety grants shall include a
base grant amount plus an additional amount per student in average daily
attendance in the school or school district. The base grant amount and amount
per student shall be determined by the State Board of Education, subject to
specific appropriation therefor by the Legislature. In order to be eligible
for such program, each local school board desiring to participate shall apply
to the * * * Division of Public Education by May
31 before the beginning of the applicable fiscal year on forms provided by the * * * division, and shall be
required to establish a local School Safety Task Force to involve members of
the community in the school safety effort. The * * * Division of
Public Education shall determine by July 1 of each succeeding year which
local school districts have submitted approved applications for school safety
grants.
(5) As part of the School
Safety Grant Program, the * * *State Department of Education Division of Public Education
may conduct a pilot program to research the feasibility of using video camera
equipment in the classroom to address the following:
(a) Determine if video cameras in the classroom reduce student disciplinary problems;
(b) Enable teachers to present clear and convincing evidence of a student's disruptive behavior to the student, the principal, the superintendent and the student's parents; and
(c) Enable teachers to review teaching performance and receive diagnostic feedback for developmental purposes.
(6) Any local school district may use audio/visual-monitoring equipment in classrooms, hallways, buildings, grounds and buses for the purpose of monitoring school disciplinary problems.
(7) As a component of the comprehensive local school district school safety plan required under subsection (2) of this section, the school board of a school district may adopt and implement a policy addressing sexual abuse of children, to be known as "Erin's Law Awareness." Any policy adopted under this subsection may include or address, but need not be limited to, the following:
(a) Methods for increasing teacher, student and parental awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse;
(b) Educational information for parents or guardians, which may be included in the school handbook, on the warning signs of a child being abused, along with any needed assistance, referral or resource information;
(c) Training for school personnel on child sexual abuse;
(d) Age-appropriate curriculum for students in prekindergarten through fifth grade;
(e) Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention;
(f) Counseling and resources available for students affected by sexual abuse; and
(g) Emotional and educational support for a child who has been abused to enable the child to be successful in school.
SECTION 21. Section 37-3-85, Mississippi Code of 1972, is amended as follows:
37-3-85. (1) The Legislature finds that:
(a) Students who are serious behavior problems in school are at risk of becoming juvenile and adult offenders;
(b) Growing numbers of children live in conditions that place them at risk of school failure;
(c) The provision of school and support services to these children and their families by public and nonprofit agencies is fragmented and does not prepare these children to learn effectively and have a successful school experience;
(d) The lack of collaboration among schools, families, local agencies and other groups involved in family support and youth development activities results in the inefficient and ineffective use of resources to meet the needs of these children;
(e) Schools are dedicating an increasing amount of their time and resources to responding to disruptive and violent behavior rather than fulfilling their mission to challenge with high expectations each child to learn, to achieve and to fulfill his or her potential;
(f) Responding to the needs of students who are at risk of school failure and providing for a safe and secure learning environment are cost-effective because it enables the state to substitute preventive measures for expensive crisis intervention; and
(g) Differing local needs and local resources necessitate the development of locally generated, community-based plans that coordinate and leverage existing resources, not the imposition of uniform and inflexible, state-mandated plans.
(2) There is established
within the * * * Division of Public Education the
Support Our Students (S.O.S.) program. The purpose of the program is to award
grants to neighborhood- and community-based organizations to establish local
S.O.S. programs that provide high quality after-school mentoring activities for
school-aged children and provide for comprehensive, collaborative delivery of
mentoring services by public and nonpublic agencies to these children. These
services shall be designed to enrich and make a positive impact on the lives of
school-aged children. These after-school activities may include activities
after the regular school day and activities on days that students are not
required to attend school.
(3) The goals of the S.O.S. program are to:
(a) Reduce juvenile crime in local communities served by the program;
(b) Recruit community volunteers to provide positive adult role models for school-aged children and to help supervise after-school activities;
(c) Reduce the number of students who are unsupervised after school, otherwise known as "latchkey" children;
(d) Improve the academic performance of students participating in the program;
(e) Meet the physical, intellectual, emotional and social needs of students participating in the program and improve their attitudes and behavior; and
(f) Improve coordination of existing resources and enhance collaboration so as to provide services to school-aged children effectively and efficiently.
(4) As used in this section, "school-aged children" means children enrolled in kindergarten through the ninth grade.
(5) The * * * Division of
Public Education shall develop and implement the Support Our Students
(S.O.S.) program. The * * *
division shall:
(a) Sponsor a statewide conference each year for teams of interested representatives to provide background information and assistance regarding all aspects of the program;
(b) Disseminate information regarding the program to interested neighborhood and community groups;
(c) Develop and disseminate a request for applications to establish local S.O.S. programs;
(d) Provide initial technical assistance to grant applicants and ongoing technical assistance as grants are implemented;
(e) Administer funds appropriated by the Legislature;
(f) Monitor the grants funded;
(g) Revoke a grant if necessary or appropriate;
(h) Develop and implement a performance-based evaluation system to evaluate the program;
(i) Report on the program implementation to the Legislature and the Office of the Governor;
(j) Adopt any rules necessary to implement this section.
(6) A community- or neighborhood-based 501(c)(3) entity or a consortium consisting of one or more local 501(c)(3) entities and one or more local school districts may apply for a grant.
(7) Applicants for grants
shall submit to the * * * Division of Public Education an
application that includes the following information:
(a) Identification of one or more neighborhoods to be served by the local S.O.S. program, based on a needs assessment of existing conditions for school-aged children to be served. Data used in the needs assessment may include for each neighborhood to be served by a local program (i) dropout statistics, (ii) the number and percentage of school-aged children who participate in the federal subsidized lunch program, (iii) the number of suspensions and expulsions involving school-aged children, (iv) the number of children to be served, (v) the number and percentage of students with two (2) working parents or one (1) single parent to be served at a site; (vi) the incidence of juvenile crime in the neighborhood, and (vii) any other relevant or unique local demographic data.
Local authorities shall provide this or related information on a timely basis to local 501(c)(3) entities submitting applications to establish local S.O.S. programs;
(b) A three-year plan that addresses data used in the needs assessment and that includes proposed goals and anticipated outcomes of the local S.O.S. program. The plan shall be prepared after consultation with local after-school programs, schools, community organizations or groups which have as their purpose assisting or helping school-aged children who are at risk of failing in school or entering the juvenile justice system, or other appropriate groups. In addition, the three-year plan shall provide for regular collaborative efforts to seek input and advice from parents of the students being served and from other citizens who reflect the demographic conditions of the students being served;
(c) A statement of how grant funds would be used to address local problems and what other resources would be used to address the problems. This statement should include a list of services to be offered that are related to the goals and outcomes and should include plans for recruiting volunteers to assist in the program's activities; and
(d) A process for assessing on an annual basis the success of the local plan for addressing the goals of the local S.O.S. program.
(8) The * * * division shall develop and
disseminate a request for applications and establish procedures to be followed
in developing and submitting applications to establish local S.O.S. programs
and administering grants to establish local S.O.S. programs.
In reviewing grant applications, the State Superintendent of Education shall consider the prevalence of under-served students and families in low-income neighborhoods and in isolated rural areas in the area for which the grant is requested, the severity of the local problems with regard to children at risk of school failure and with regard to school discipline, whether the proposed program meets state standards, and the likelihood that the locally designed plan will deal with the problems successfully. During the review process, the superintendent may recommend modifications in grant applications to applicants. The superintendent shall submit recommendations to the State Board of Education on which applicants should receive grants and the amount they should receive.
In selecting grant
recipients, the State Board of Education shall consider (a) the recommendations
of the superintendent, (b) the geographic location of the applicants, and (c)
the demographic profile of the applicants. After considering these factors,
the State Board of Education shall give priority to grant applications that
will serve areas that have a high incidence of juvenile crime and that propose
different approaches that can serve as models for other communities. The State
Board of Education shall select the grant recipients * * *
before July 1 * * * for the appropriate school year.
A grant recipient may request a modification of a grant or additional funds to implement a grant through the grant application process. The request shall be reviewed and accepted or rejected in the same manner as a grant application.
(9) The * * * Division of
Public Education shall administer the grant program under the direction of
the State Board of Education. The * * * Division of
Public Education shall provide technical assistance to grant applicants and
recipients.
(10) All agencies of the
state and local government, including departments of human services, health
departments, local mental health, and intellectual disability commissions,
court personnel, law enforcement agencies and cities and counties shall
cooperate with the * * * Division of Public Education and
local school boards that receive grants in coordinating the S.O.S. program at
the state level and in implementing the S.O.S. program at the local level.
(11) The * * * Division of Public
Education shall develop and implement an evaluation system, under the
direction of the State Board of Education, that will assess the efficiency and
effectiveness of the S.O.S. program. However, private schools shall not be
included under the provisions of this section.
SECTION 22. Section 37-3-87, Mississippi Code of 1972, is amended as follows:
37-3-87. (1) The * * * Division of Public
Education is hereby authorized and empowered to establish a student vision
screening program to make eye screening services available to students in
Grades K-12 in the public schools in order to detect vision problems which can
lead to academic problems. Such eye screening service shall be based on a
process that is screening in nature, and not diagnostic, which is intended to
identify with a reasonably high probability, students with a wide range of eye
problems who should seek the services of an eye care professional for
examination, diagnosis and corrective recommendation. Such eye screening
service shall provide each student screened with a report of the student's
screening results to be taken home. Each school shall be provided with a list
of the students screened, and their results. Statistical summaries of the
screening results shall be provided to each school, and composite statistics by
school system, county or district shall be provided to the * * * Division of Public
Education. The * * * Division of Public Education may contract with
any legal entity to administer the student vision screening program on the
school district level, and such contract shall be let on a competitive basis.
State funding for the program shall only be available subject to appropriation
by the Legislature.
(2) The school board of any
local school district shall cooperate with the * * * Division of Public
Education and any entity under contract with the * * * division to implement the
student vision screening program established under this section.
SECTION 23. Section 37-3-91, Mississippi Code of 1972, is amended as follows:
37-3-91. (1) Subject to
the availability of funds appropriated for such purpose, the * * * Division of
Public Education may establish regional behavioral institutes for the
purpose of providing state-of-the-art training to teachers and administrators
in discipline and classroom management strategies.
(2) Any school district may
volunteer to participate in a regional behavioral institute. However, the * * * Division of
Public Education may require a school district to participate in a regional
behavioral institute if the * * * division determines that such
participation is in the best interest of the school district based upon:
(a) Complaints received
and determined by the * * *
division to be valid which relate to disciplinary problems in the school
district;
(b) Any visit to the
school by representatives of the * * * division which indicates
disciplinary problems in the school district; or
(c) A review of
reports submitted by a school district to the * * * division which indicates
disciplinary problems in the school district.
SECTION 24. Section 37-3-93, Mississippi Code of 1972, is amended as follows:
37-3-93. (1) Subject to
the availability of funding specifically appropriated for such purpose, there
is established a School Crisis Management Program under the * * * Division of
Public Education. This program is to be initiated and executed by the * * * division using only existing
staff and resources. Under this program, the * * * Division of
Public Education shall create an office making available a quick response
team of personnel trained in school safety and crisis management to respond to
traumatic or violent situations that impact students and faculty in the public
schools in Mississippi. The School Crisis Management Program shall operate in
accordance with the following:
(a) The basic response team shall consist of those personnel designated by the State Superintendent of Public Education, or their designees, depending on the size of the school and the nature of the event.
(b) In order to access
the services of a response team, the request must be made by the local school
principal or the superintendent of schools, who shall make the request to the * * * Division of
Public Education or its contact designee.
(c) A response team shall enter a school to work with students and faculty for a period of no more than three (3) days, unless otherwise requested by the school district.
(d) The * * * Division of
Public Education, or its designee, shall operate a toll-free incoming wide
area telephone service for the purpose of receiving reports of suspected cases
of school violence and other traumatic situations impacting on students and
faculty in the public schools.
(e) The request made by a school district to access the services of a response team following a school safety incident may seek a review of the local school district's safety plan, and the results of this evaluation may be published by the local school board in a newspaper with wide circulation in the district.
(f) Subject to the
availability of funds specifically appropriated therefor by the Legislature,
the expenses of the quick response teams and their administrative support shall
be provided from state funds. The * * * Division of
Public Education may apply for and expend funds for the support and
maintenance of this program from private and other funding sources.
(2) Local school districts,
school superintendents and principals may request and * * * use the services of quick
response teams provided for under this section; however, this section does not
require school officials to request the services of quick response teams.
SECTION 25. Section 37-3-95, Mississippi Code of 1972, is amended as follows:
37-3-95. (1) Subject to
the availability of funding for such purpose, the State Superintendent of
Public Education shall employ within the * * * Division of
Public Education or, in the alternative, contract with the Mississippi
Military Department for a statewide coordinator for Junior Reserve Officer
Training Corps (JROTC) programs in the public schools. If employed by the * * * Division of
Public Education, the JROTC statewide coordinator must be an active or retired
member of the military and must meet any additional qualifications that may be
established for the position by the State Superintendent of Public Education or
State Personnel Board. * * *However, if for any reason within the two-year period beginning July 1,
2014, a new JROTC statewide coordinator is employed by the department, the
employment of such individual shall not be subject to the rules and regulations
of the State Personnel Board, except as otherwise provided in Section 25-9-127(4).
(2) The following are the powers and duties of the JROTC statewide coordinator:
(a) To coordinate training of new JROTC instructors and continuing education programs for certified instructors;
(b) To facilitate communication between JROTC programs in the various public schools;
(c) To assist in organizing competitions among JROTC units from different high schools;
(d) To assist in the development of the JROTC curriculum;
(e) To compile information on scholarships available to JROTC participants and to solicit support for such scholarships;
(f) To assist in establishing support groups for parents of students participating in a JROTC program;
(g) To solicit and accept financial support for JROTC programs from private sector donors;
(h) To promote the involvement of JROTC units within their local communities;
(i) To facilitate interaction between JROTC units and the Mississippi National Guard and Mississippi Air National Guard;
(j) To promote, in general, the JROTC program in high schools throughout the state;
(k) To assist local schools with the application process for establishing new JROTC programs in high schools; and
(l) To perform such other duties relating to the JROTC program established by the State Superintendent of Public Education or State Board of Education.
SECTION 26. Section 37-3-101, Mississippi Code of 1972, is amended as follows:
37-3-101. (1) Each local
school district shall adopt a policy on student suicide prevention. The
policies shall be developed in consultation with school and community
stakeholders, school-employed mental health professions, and suicide prevention
experts, and shall, at a minimum, address procedures relating to suicide
prevention, intervention and postvention. To assist districts in developing
policies for student suicide prevention, the * * * Division of
Public Education shall establish a model policy in consultation with the
Mississippi Department of Mental Health for use by local school districts in accordance
with this section.
(2) In the 2017-2018 school
year, the * * * Division of Public Education shall
require that local school districts conduct in-service training on suicide
prevention education for all school district employees. The Mississippi
Department of Mental Health will be responsible for development of the content
of the training. This education may be accomplished through self-review of
suitable suicide prevention materials.
SECTION 27. Section 37-3-103, Mississippi Code of 1972, is amended as follows:
37-3-103. Beginning with
the 2017-2018 school year and annually thereafter, the * * * Division of
Public Education shall require that local school districts conduct in-service
training on suicide prevention education for all newly employed school district
employees. The Mississippi Department of Mental Health will be responsible for
development of the content of the training. This education may be accomplished
through self-review of suitable suicide prevention materials.
SECTION 28. Section 37-3-105, Mississippi Code of 1972, is amended as follows:
37-3-105. * * * The Division of Public Education
shall require that in-service training shall include an emphasis on intensive,
comprehensive and researched-based reading methods for all licensed teachers
teaching Grades K through 3 in a public school district. The education may be
accomplished through self-review of suitable intensive, comprehensive and
researched-based reading materials.
SECTION 29. Section 37-3-107, Mississippi Code of 1972, is amended as follows:
37-3-107. The * * * Division of
Public Education shall develop and issue curriculum guidelines to school
districts relating to the implementation of a school bus safety curriculum for
implementation in Kindergarten through Grade 3.
SECTION 30. Section 37-1-1, Mississippi Code of 1972, is amended as follows:
37-1-1. * * * There shall be a
State Board of Education which shall manage and invest school funds according
to law, formulate policies according to law for implementation by the * * * Division of
Public Education and perform such other duties as may be prescribed by
law. The board shall consist of nine (9) members of whom none shall be an
elected official. The Governor shall appoint one (1) member who shall be a
resident of the Third Supreme Court District and who shall serve an initial
term of one (1) year, one (1) member who shall be a resident of the First
Supreme Court District and who shall serve an initial term of five (5) years,
one (1) member who shall be a resident of the Second Supreme Court District and
who shall serve an initial term of nine (9) years, one (1) member who shall be
employed on an active and full-time basis as a school administrator and who
shall serve an initial term of three (3) years, and one (1) member who shall be
employed on an active and full-time basis as a schoolteacher and who shall
serve an initial term of seven (7) years. The Lieutenant Governor shall
appoint two (2) members from the state at large, one (1) of whom shall serve an
initial term of four (4) years and one (1) of whom shall serve an initial term
of eight (8) years. The Speaker of the House of Representatives shall appoint
two (2) members from the state at large, one (1) of whom shall serve an initial
term of two (2) years and one (1) of whom shall serve an initial term of six
(6) years. The initial terms of appointees shall begin on July 1, 1984, and
all subsequent appointments shall begin on the first day of July for a term of
nine (9) years and continue until their successors are appointed and qualify;
however, to ensure an orderly process of transition, the initial appointments
shall be made not later than March 1, 1984. An appointment to fill a vacancy
which arises for reasons other than by expiration of a term of office shall be
for the unexpired term only. All members shall be appointed with the advice
and consent of the Senate, and no member shall be actively engaged in the
educational profession except as stated above.
The first official meeting
of the original board members shall be called by the Governor as soon after
July 1, 1984, as practical. The board shall elect a * * * chairperson from its membership
at the first meeting of the original board members and every year thereafter.
A majority of the membership of the board shall constitute a quorum for the
transaction of any business. The board shall meet regularly once a month at
such time as shall be designated by an order entered upon the minutes thereof.
Special meetings of the board shall be held upon call of the * * * chairperson or upon the call of
a majority of the members thereof. The State Superintendent of Public
Education shall be the secretary of the board. The board shall hold its
sessions at the seat of government, or at such location in the State of
Mississippi as shall be designated by an order entered upon the minutes
thereof.
Members of the board shall be reimbursed for expenses in the manner and amount specified in Section 25-3-41 and shall be entitled to receive per diem compensation as authorized in Section 25-3-69.
SECTION 31. Section 37-1-2, Mississippi Code of 1972, is amended as follows:
37-1-2. The Legislature finds and determines that the quality of public education and its effect upon the social, cultural and economic enhancement of the people of Mississippi is a matter of public policy, the object of which is the education and performance of its children and youth. The Legislature hereby declares the following to be the policy of the State of Mississippi:
(a) That the students, parents, general citizenry, local schoolteachers and administrators, local governments, local school boards, and state government have a joint and shared responsibility for the quality of education delivered through the public education system in the State of Mississippi;
(b) To produce a functionally literate school population;
(c) To ensure that all students master the most essential parts of a basic education;
(d) To establish, raise and maintain educational standards;
(e) To improve the quality of education by strengthening it and elevating its goals;
(f) To provide quality education for all school-age children in the state;
(g) That excellence and high achievement of all students should be the ultimate goal;
(h) To encourage the common efforts of students, parents, teachers, administrators and business and professional leaders for the establishment of specific goals for performance;
(i) To improve
instructional and administrative quality, to relate the education community to
other policymakers, to achieve increased competency among students, teachers
and administrators, to provide for continuing professional development for
teachers, counselors and administrators, to assure that the budget process, the
planning function and the allocation of personnel of the * * * Division of
Public Education are commensurate with its educational goals;
(j) That the return on public education which is the single largest investment for the state be the effectiveness of the delivery system and the product it is designed to produce;
(k) That the investment in public education can be justified on the basis of the economic benefits that will accrue both to the individual and to society, recognizing that the return on such investment is long term and dramatic progress is not immediate;
(l) That emphasis must
be placed upon early mastery of the skills necessary to * * * be successful in school and that
quality, performance-based early childhood education programs are an essential
element of a comprehensive education system;
(m) That local school districts and their public schools be required to account for the product of their efforts;
(n) That the children of this state receive a period of instruction sufficient to train each in the basic educational skills adequate for the student to take his or her place in society and make a contribution as a citizen of this state, and that all children be encouraged to continue their education until they have completed high school;
(o) To establish an accreditation system based upon measurable elements in school known to be related to instructional effectiveness, to establish a credible process for measuring and rating schools, to establish a method for monitoring continued performance, and to provide for a state response when performance is inadequate;
(p) That the teachers of this state, to the extent possible, receive salaries that are at least equal to the average of the salaries received by teachers in the southeastern United States.
SECTION 32. Section 37-1-3, Mississippi Code of 1972, is amended as follows:
37-1-3. (1) The State
Board of Education shall adopt rules and regulations and set standards and
policies for the organization, operation, management, planning, budgeting and
programs of the * * * Division of Public Education.
(a) The board is
directed to identify all functions of the * * * division that contribute to
or comprise a part of the state system of educational accountability and to
establish and maintain within the * * * division the necessary
organizational structure, policies and procedures for effectively coordinating
such functions. Such policies and procedures shall clearly fix and delineate
responsibilities for various aspects of the system and for overall coordination
of the total system and its effective management.
(b) The board shall establish and maintain a system-wide plan of performance, policy and directions of public education not otherwise provided for.
(c) The board shall
effectively use the personnel and resources of the * * * division to enhance technical
assistance to school districts in instruction and management therein.
(d) The board shall establish and maintain a central budget policy.
(e) The board shall
establish and maintain within the * * * Division of
Public Education a central management capacity under the direction of the
State Superintendent of Public Education.
(f) The board, with recommendations from the superintendent, shall design and maintain a five-year plan and program for educational improvement that shall set forth objectives for system performance and development and be the basis for budget requests and legislative initiatives.
(2) (a) The State Board of Education shall adopt and maintain a curriculum and a course of study to be used in the public school districts that is designed to prepare the state's children and youth to be productive, informed, creative citizens, workers and leaders, and it shall regulate all matters arising in the practical administration of the school system not otherwise provided for.
(b) Before the 1999-2000 school year, the State Board of Education shall develop personal living and finances objectives that focus on money management skills for individuals and families for appropriate, existing courses at the secondary level. The objectives must require the teaching of those skills necessary to handle personal business and finances and must include instruction in the following:
(i) Opening a bank account and assessing the quality of a bank's services;
(ii) Balancing a checkbook;
(iii) Managing debt, including retail and credit card debt;
(iv) Completing a loan application;
(v) The implications of an inheritance;
(vi) The basics of personal insurance policies;
(vii) Consumer rights and responsibilities;
(viii) Dealing with salesmen and merchants;
(ix) Computing state and federal income taxes;
(x) Local tax assessments;
(xi) Computing interest rates by various mechanisms;
(xii) Understanding simple contracts; and
(xiii) Contesting an incorrect billing statement.
(3) The State Board of
Education shall have authority to expend any available federal funds, or any
other funds expressly designated, to pay training, educational expenses, salary
incentives and salary supplements to licensed teachers employed in local school
districts or schools administered by the State Board of Education. Such
incentive payments shall not be considered part of a school district's local
supplement as defined in Section 37-151-5(o), * * * or
part of the local supplement paid to an individual teacher for the purposes of
Section 37-19-7(1). MAEP funds or any other state funds shall not be used to
provide such incentives unless specifically authorized by law.
(4) The State Board of Education shall, through its actions, seek to implement the policies set forth in Section 37-1-2.
SECTION 33. Section 37-1-4, Mississippi Code of 1972, is amended as follows:
37-1-4. In order to provide
for an orderly transition following its appointment, the State Board of
Education as it will exist on and after July 1, 1984, shall meet with and
receive the cooperation of the State Superintendent of Public Education and the * * * Division of
Public Education on any matters relating to the public school education
system in the state until assuming its duties and authority on July 1, 1984.
During this transition period, * * * the State Board of Education shall
formulate and adopt rules and regulations in accordance with Sections 25-43-1
et seq., and formulate standards and priorities necessary for the orderly
administration of the public education system of the state. Such rules,
regulations, standards and priorities shall become effective on July 1, 1984.
The board shall also require data and information on program performance from any
source relating to the public school system. The * * * Division of
Public Education shall assist the board in assuming its duties and shall
provide any technical assistance as may be required. The * * * Division of
Public Education, from any funds appropriated thereto, shall, upon the
request of the board, timely pay, with the approval of the commission of budget
and accounting, all sums reasonably required for the operation of the board,
including per diem and actual expenses of the board, and the implementation of
this act, through June 30, 1984.
SECTION 34. Section 37-1-9, Mississippi Code of 1972, is amended as follows:
37-1-9. (1) (a) The
Mississippi Board of Education, acting by and through its * * * chairperson or executive
secretary, is authorized to administer oaths, to take or cause depositions to
be taken, to subpoena persons and to issue a subpoena to compel production of
books, papers, records and other documents. The board shall have the powers of
a court to compel witnesses to attend and testify in all matters of
investigation by the board.
(b) For noncompliance with a subpoena, the board may apply to the circuit court for an order requiring the person subpoenaed to appear before the board and to testify and produce books, papers, records and documents if so ordered. Failure to obey the order of the court may be punished as contempt.
(2) (a) In addition to the exemptions from public access provided in Section 37-11-51, investigative reports shall be exempt from the provisions of the Mississippi Public Records Act of 1983, but the board may choose to make public all or any part of an investigative report.
(b) For the purposes
of this subsection (2), "investigative report" includes documentation
on which it is based and means records that are compiled by the board, the * * * Division of Public
Education, the Commission on Teacher and Administrator Education,
Certification and Licensure and Development, or the Accreditation Commission in
the process of investigating alleged misconduct that could result in
disciplinary action, the disclosure of which would impede, harm or jeopardize
the investigation, or that would: (i) reveal the identity of informants or
witnesses; (ii) deprive a person of a right to a fair trial or an impartial
adjudication; or (iii) endanger the life or safety of a public official or
employee or confidential informants or witnesses.
SECTION 35. Section 37-1-11, Mississippi Code of 1972, is amended as follows:
37-1-11. (1) The school
day shall be preserved for the purpose of teaching. It is the intent of the
Legislature that every effort be made by the * * * Division of
Public Education and the local school boards to protect the instructional
time in the classroom and to reduce the amount of paperwork which must be
completed by teachers.
(2) The State Board of
Education shall adopt rules that provide for simplifying and reducing the number
and length of written reports and other written documents that the * * * Division of
Public Education requires from school districts and school district
employees. The board shall conduct a comprehensive review of its rules to
simplify and to reduce the number and length of reports required from school
districts and school district employees. The * * * Division of
Public Education shall provide nonmandatory models to school districts of
lesson plans, curriculum guides and other required reports that comply with
department reporting requirements.
(3) The State Board of Education and the school board of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.
SECTION 36. Section 37-1-12, Mississippi Code of 1972, is amended as follows:
37-1-12. The State Board of
Education shall develop and promulgate regulations for annual reports from
school districts and from the * * * Division of
Public Education to the Legislature. Such regulations shall eliminate
duplication, make effective use of technology and enable the Legislature to
monitor education in Mississippi. These regulations may include methods to
reduce redundant reporting requirements and eliminate inadequate performance
measures, and the State Board of Education may include any proposed legislative
amendments to state law necessary to improve statewide reporting mandates.
SECTION 37. Section 37-1-13, Mississippi Code of 1972, is amended as follows:
37-1-13. (1) The State Board of Education shall issue regulations:
(a) Setting minimum specifications for relocatable classrooms for the public school districts;
(b) Approving or disapproving plans for relocatable classrooms for public school districts;
(c) Providing a system
of requiring local school districts to receive * * * Division of
Public Education approval before purchase of such relocatable classrooms.
(2) The * * * Division of
Public Education may, in its discretion, inspect the facilities of any
manufacturer of relocatable classrooms for the purpose of determining if * * * Division of
Public Education minimum specifications are being met.
(3) The * * * Division of
Public Education shall * * * ensure that local school
districts advertise for and receive bids as required by state law for purchase
of relocatable classrooms. The * * * Division of
Public Education shall approve plans for relocatable classrooms by persons,
firms, corporations or associations permitted to submit bids for consideration,
before such bids are submitted to local school districts. The * * * Division of
Public Education shall have the right to reject any and all relocatable
classroom plans submitted. Bids may not be submitted to local school districts,
unless persons, firms, corporations or associations have * * * Division of
Public Education approval.
SECTION 38. This act shall take effect and be in force from and after July 1 in the year in which the Secretary of State certifies the passage of the constitutional amendment proposed in HCR 25, 2019 Regular Session.
