Bill Text: MS HB906 | 2013 | Regular Session | Comm Sub
Bill Title: Opportunity Scholarship Program; create for low income students to attend nonpublic schools.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-02-14 - Died On Calendar [HB906 Detail]
Download: Mississippi-2013-HB906-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education
By: Representatives Moore, Young
House Bill 906
(COMMITTEE SUBSTITUTE)
AN ACT TO CREATE THE OPPORTUNITY SCHOLARSHIP PROGRAM TO PROVIDE LOW INCOME PUBLIC SCHOOL AND PREKINDERGARTEN STUDENTS AN OPPORTUNITY TO ATTEND AN APPROVED NONPUBLIC SCHOOL OR PREKINDERGARTEN PROGRAM; TO PRESCRIBE ELIGIBILITY CRITERIA FOR STUDENTS AND PREKINDERGARTEN CHILDREN TO RECEIVE SCHOLARSHIPS AND FOR NONPUBLIC SCHOOLS AND PREKINDERGARTEN PROVIDERS TO PARTICIPATE IN THE PROGRAM; TO REQUIRE THE STATE BOARD OF EDUCATION TO SELECT A SCHOLARSHIP GRANTING ORGANIZATION TO ADMINISTER THE PROGRAM; TO PROVIDE AN INCOME TAX CREDIT FOR CONTRIBUTIONS TO THE PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the Opportunity Scholarship Program, the purpose of which is to give low income public school students an opportunity to enroll in and attend an approved nonpublic school and low income prekindergarten children an opportunity to enroll in and attend prekindergarten at an approved prekindergarten provider. The program shall be administered by a scholarship granting organization (SGO) selected by the State Board of Education, as required under Section 6 of this act.
(2) A public school student's parent or guardian may request and receive from the SGO an opportunity scholarship for the student to enroll in an approved nonpublic school in accordance with the provisions of this section if:
(a) (i) The public school that the student attended in the preceding school year was graded "D" or "F" in that school year and in two (2) school years during a period of four (4) years, and the student attended the school during a school year in which the school was graded "D" or "F"; or
(ii) The student is entering kindergarten or first grade and lives or will live within the attendance zone of a school described under subparagraph (i) of this paragraph during the next school year;
(b) The family income of the student is up to two hundred fifty percent (250%) of the established poverty level; and
(c) The parent or guardian has obtained acceptance for admission of the student to an approved nonpublic school and has notified the SGO and the school district of the request for an opportunity scholarship before July 1 of the first year in which the student intends to use the scholarship.
(3) (a) For purposes of this act, the term "prekindergarten children" means children who have not entered kindergarten but will have attained the age of four (4) years on or before September 1 of a school year. The term "prekindergarten provider" means a public, private or parochial school, licensed childcare center or Head Start center that serves prekindergarten children and participates in the Opportunity Scholarship Program.
(b) A prekindergarten child's parent or guardian may request and receive from the SGO an opportunity scholarship for the child to enroll in and attend prekindergarten at an approved prekindergarten provider if:
(i) The family income of the child is up to two hundred fifty percent (250%) of the established poverty level;
(ii) The parent or guardian has obtained acceptance for admission of the child to an approved prekindergarten provider and has notified the SGO and prekindergarten provider of the request for an opportunity scholarship before July 1 of the first year in which the prekindergarten child intends to use the scholarship; and
(iii) The parent or guardian agrees to submit the prekindergarten child to kindergarten screening, regardless of whether the child subsequently will attend kindergarten in a public school, if the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student to kindergarten.
(4) This section does not apply to students enrolled in a school operating to provide educational services to youth in a juvenile justice system commitment program.
SECTION 2. (1) For each school that has been graded "D" or "F" for two (2) school years during a period of four (4) years, the school district in which the school is located shall provide timely notice to the parents and guardians of students enrolled in or assigned to the "D" or "F" school of all options available for students under this act. The notice from the school district must be given to parents and guardians as soon as the "D" or "F" designation has been assigned to the school by the State Board of Education.
(2) Any transportation costs that may be incurred for a student to attend an approved nonpublic school on an opportunity scholarship shall be the responsibility of the parent or guardian of the student.
SECTION 3. (1) To be eligible to participate in the Opportunity Scholarship Program, a school must be a nonpublic school operating in Mississippi, may be sectarian or nonsectarian, and must:
(a) Demonstrate fiscal soundness by being in operation for one (1) school year or provide the State Department of Education with a statement by a certified public accountant confirming that the school desiring to participate is insured. In addition, the owner or owners of the nonpublic school must have sufficient capital or credit to operate the school for the upcoming school year, serving the number of students anticipated with expected revenues from tuition and other sources that reasonably may be expected. In lieu of such a statement from a certified public accountant, a surety bond or letter of credit for an amount equal to the opportunity scholarship funds available for any quarter may be filed with the department.
(b) Notify the State Department of Education of its intent to participate in the program before May 1 of the school year preceding the school year in which the school intends to participate. The notice must specify the grade levels and services that the school has available for the Opportunity Scholarship Program.
(c) Comply with the antidiscrimination provisions of 42 USCS sec. 2000d.
(d) Meet state and local health and safety laws and codes.
(e) Accept scholarship students on an entirely random and religious-neutral basis without regard to a student's past academic history; however, the school may give preference in accepting applications to siblings of students who already have been accepted on a random and religious-neutral basis.
(f) Be academically accountable to the parent or guardian for meeting the educational needs of the student. The school must furnish to the parent or guardian a school profile that includes student performance.
(g) Employ or contract with teachers who: hold a baccalaureate or higher degree; have at least three (3) years of teaching experience in public or nonpublic schools; or have special skills, knowledge or expertise that qualifies them to provide instruction in subjects taught.
(h) Comply with all state statutes relating to nonpublic schools.
(i) Adhere to the tenets of its published disciplinary procedures before the expulsion of any opportunity scholarship student.
(2) To be eligible to participate in the Opportunity Scholarship Program, a prekindergarten provider may be sectarian or nonsectarian and must be a public, private or parochial school, licensed childcare center or Head Start center that serves prekindergarten children. In addition, a prekindergarten provider must:
(a) Demonstrate fiscal soundness by being in operation for one (1) school year or provide the State Department of Education with a statement by a certified public accountant confirming that the prekindergarten provider desiring to participate is insured. In addition, the owner or owners of the prekindergarten provider must have sufficient capital or credit to operate the prekindergarten program for the upcoming school year, serving the number of children anticipated with expected revenues from tuition, fees and other sources that reasonably may be expected. In lieu of such a statement from a certified public accountant, a surety bond or letter of credit for an amount equal to the opportunity scholarship funds available for any quarter may be filed with the department.
(b) Notify the State Department of Education of its intent to participate in the program before May 1 of the school year preceding the school year in which the prekindergarten provider intends to participate.
(c) Comply with the antidiscrimination provisions applicable to public schools. A prekindergarten provider may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the prekindergarten program, in violation of the antidiscrimination requirements; however, a prekindergarten provider may refuse to admit a child based on the provider's standard eligibility guidelines if the guidelines do not violate the antidiscrimination requirements.
(d) Meet state and local health and safety laws and codes. A childcare center must meet state child care facility licensure requirements as well as have a rating of at least a "3" on the Quality Rating and Improvement Scale. A Head Start center must meet state child care facility licensure standards, when applicable, as well as be in compliance with federal Head Start program guidelines.
(e) Accept scholarship children on an entirely random and religious-neutral basis; however, the prekindergarten provider may give preference in accepting applications to siblings of children who already have been accepted on a random and religious-neutral basis.
(f) Be academically accountable to the parent or guardian for meeting the educational needs of the prekindergarten child. If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the department also shall adopt a minimum rate of readiness that a prekindergarten provider must meet in order to remain eligible to participate in the Opportunity Scholarship Program.
(g) Employ or contract with teachers who meet the qualifications established under Section 37-21-3.
(h) Use state-adopted comprehensive early learning standards.
(i) Use a research-based curriculum that is designed to prepare children to be ready for kindergarten, with emphasis in early literacy, and is aligned with the comprehensive early learning standards.
(j) Have a maximum teacher: child ratio of one (1) adult for every ten (10) children with a maximum of twenty (20) children per classroom and a minimum of five (5) children per classroom.
(k) Provide at least one (1) meal daily meeting state and federal nutrition guidelines for young children.
(l) Provide no less than five hundred forty (540) instructional hours per school year for half-day programs and one thousand eighty (1,080) instructional hours per school year for full-day programs.
(3) The State Board of Education shall determine eligible nonpublic schools and prekindergarten providers based upon the criteria set forth in this section and shall maintain a list of approved nonpublic schools and prekindergarten providers.
SECTION 4. (1) Any student participating in the Opportunity Scholarship Program must comply fully with the nonpublic school's code of conduct.
(2) The parent or guardian of each student participating in the Opportunity Scholarship Program must comply fully with the nonpublic school's or prekindergarten provider's parental involvement requirements, as the case may be, unless excused by the school or prekindergarten provider for illness or other good cause.
SECTION 5. (1) The maximum opportunity scholarship that may be granted for an eligible student or prekindergarten child must be a calculated amount equal to ninety percent (90%) of the base student cost, as determined under the Mississippi Adequate Education Program, or the amount of the approved nonpublic school's cost of educating the child or for a prekindergarten child, the prekindergarten provider's enrollment cost or fees, whichever is less. Fees eligible for reimbursement from the scholarship must include textbook fees, laboratory fees and other fees related to instruction.
(2) No liability on the part of the state shall arise based on any grant or use of an opportunity scholarship.
SECTION 6. (1) The State Board of Education shall select a scholarship granting organization (SGO) to serve as the administrator of the Opportunity Scholarship Program and shall establish compensation for services performed by the SGO. The SGO shall demonstrate to the board that it has been granted exemption from the federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code.
(2) The SGO shall:
(a) Create a fund to be designated the "Opportunity Scholarship Fund," which shall consist of money designated for deposit into the fund from gifts, donations or contributions from individuals, corporations or any other source, public or private. Unexpended monies in the fund and earned interest may not be used or expended for any purpose except as authorized by this act.
(b) Notify the State Department of Education of scholarships awarded to students attending approved nonpublic schools and prekindergarten children attending approved prekindergarten providers.
(c) Distribute periodic scholarship payments as checks made out to a student's or prekindergarten child's parent or guardian, as the case may be, and mailed to the approved nonpublic school or prekindergarten provider where the student or child is enrolled. The parent or guardian must endorse the check before it may be deposited.
(d) Provide a receipt approved by the State Department of Education to taxpayers for contributions made to the SGO.
(e) Ensure that at least ninety-three percent (93%) of its revenue from donations is spent on scholarships and that all revenue from interest or investments is spent on scholarships.
(f) Ensure that scholarships are portable during the school year and can be used at any approved nonpublic school or prekindergarten provider that accepts the eligible student or prekindergarten child according to a parent or guardian's wishes. If a student moves to a new approved nonpublic school or a prekindergarten child moves to a new approved prekindergarten provider during a school year, the scholarship amount may be prorated.
(g) Publicly report to the State Department of Education before June 1 of each year the following information prepared by a certified public accountant regarding grants in the preceding calendar year:
(i) The total number and total dollar amount of contributions received by the SGO during the preceding calendar year; and
(ii) The total number and total dollar amount of scholarships awarded during the preceding calendar year, the total number and total dollar amount of scholarships awarded during the preceding year to students qualifying for the federal free and reduced-price lunch program, and the percentage of first-time scholarship recipients who were enrolled in a public school or, in the case of a prekindergarten student, a prekindergarten program that serves children younger than four (4) years of age, during the preceding year.
(h) Ensure scholarships are not provided for students or prekindergarten children to attend a school or prekindergarten provider, as the case may be, with paid staff or board members, or their relatives, in common with the SGO.
(i) Annually submit to the State Department of Education a financial information report for the organization which complies with uniform financial accounting standards established by the department and conducted by a certified public accountant, certifying that the report is free of material misstatements.
(3) Each participating school and prekindergarten provider must demonstrate financial viability, if the school or prekindergarten provider is to receive donations of Fifty Thousand Dollars ($50,000.00) or more during the school year, by filing with the SGO, before the start of the school year, either:
(a) A surety bond payable to the SGO in an amount equal to the aggregate amount of contributions expected to be received during the school year; or
(b) Financial information that demonstrates the financial viability of the participating school or prekindergarten provider.
(4) (a) The SGO shall ensure that each participating school that accepts its scholarship shall:
(i) Annually administer, to all participating students in grades that require testing under the statewide assessment testing program, either the uniform state assessment tests or nationally recognized norm-referenced tests that measure learning gains in math and language arts;
(ii) Allow costs of the testing requirements to be covered by the scholarships distributed by the SGO;
(iii) Provide the parent or guardian of each student who was tested with a copy of the results of the tests on an annual basis, beginning with the first year of testing;
(iv) Provide the test results to the State Department of Education on an annual basis, beginning with the first year of testing;
(v) Report student information that will allow the state to aggregate data by grade level, gender, family income level and race; and
(vi) Provide graduation rates of participating students to the State Department of Education in a manner consistent with nationally recognized standards.
(b) If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each child for kindergarten, the SGO shall ensure that each participating prekindergarten provider that accepts its scholarship shall:
(i) Annually administer the statewide kindergarten screening;
(ii) Allow costs of the screening requirements to be covered by the scholarships distributed by the SGO;
(iii) Provide the parent or guardian of each child who was tested with a copy of the results of the screening;
(iv) Provide the screening results to the State Department of Education on an annual basis, beginning with the first year of screening; and
(v) Report prekindergarten child information that will allow the state to aggregate data by gender, family income level and race.
(c) The State Department of Education shall:
(i) Ensure compliance with all student privacy laws;
(ii) Collect all test and screening results; and
(iii) Provide the test and screening results and associated learning gains to the public via a state website after the third year of test, screening and test-related data collection. The findings must be aggregated by the students' grade level, gender, family income level, number of years of participation in the scholarship program and race.
(5) Individuals and corporations contributing to the Opportunity Scholarship Fund are eligible for a tax credit under Section 7 of this act. Donations accepted by the SGO in any one (1) calendar year may not exceed Ten Million Dollars ($10,000,000.00).
(6) The SGO shall promulgate rules necessary to effectuate the purposes of this act. The rules must include a means of informing the public of the existence of the Opportunity Scholarship Program and the application process for scholarship candidates.
SECTION 7. (1) Any individual, corporation or other entity having taxable income in this state is allowed an annual tax credit for taxes imposed by Section 27-7-5 for donations made to the Opportunity Scholarship Fund created by Section 6 of House Bill No. ________, 2013 Regular Session. Any unused portion of the credit may be carried forward for three (3) succeeding tax years.
(2) Any donation to the fund must be verified by submission to the Department of Revenue of a copy of the receipt provided to the donor taxpayer by the scholarship granting organization or such other written verification as may be required by the Department of Revenue.
(3) The maximum amount of donations accepted by the administrator of the Opportunity Scholarship Program created by House Bill No. _____, 2013 Regular Session, in any one (1) calendar year may not exceed Ten Million Dollars ($10,000,000.00).
SECTION 8. Section 7 of this act shall be codified as a new section in Chapter 7, Title 27, Mississippi Code of 1972.
SECTION 9. This act shall take effect and be in force from and after July 1, 2013.
