Bill Text: MS HB989 | 2016 | Regular Session | Introduced
Bill Title: MS Achievement School District; establish to oversee administration of certain failing schools with a "F" rating for two consecutive years.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-12 - Approved by Governor [HB989 Detail]
Download: Mississippi-2016-HB989-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Education
By: Representative Busby
House Bill 989
AN ACT TO CREATE THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT FOR THE PURPOSE OF IMPROVING CERTAIN FAILING PUBLIC SCHOOLS THROUGHOUT THE STATE; TO PROVIDE THAT THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT SHALL BE A STATEWIDE DISTRICT COMPRISED OF ALL PUBLIC SCHOOLS THAT HAVE BEEN ASSIGNED AN "F" RATING UNDER THE STATE ACCREDITATION SYSTEM FOR TWO CONSECUTIVE SCHOOL YEARS; TO PROVIDE FOR THE APPOINTMENT OF A SCHOOL BOARD FOR THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT WHICH SHALL EXERCISE, SUBJECT TO EXCEPTIONS, THE SAME POWERS AND DUTIES GRANTED TO ALL OTHER SCHOOL BOARDS; TO REQUIRE THE BOARD TO PROCURE OFFICE SPACE FOR THE DISTRICT AND TO APPOINT A HIGHLY QUALIFIED INDIVIDUAL TO SERVE AS SCHOOL DISTRICT SUPERINTENDENT; TO REQUIRE THE STATE BOARD OF EDUCATION AND THE SCHOOL BOARD OF THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT, ACTING JOINTLY, TO ADOPT RULES AND REGULATIONS GOVERNING THE TRANSFER OF SCHOOLS FROM THE LOCAL SCHOOL DISTRICT TO THE ACHIEVEMENT SCHOOL DISTRICT; TO SPECIFY THAT SCHOOLS ASSIGNED AN "F" DESIGNATION FOR THE SECOND CONSECUTIVE YEAR IN THE 2017-2018 SCHOOL YEAR MUST BE ABSORBED IMMEDIATELY BY THE ACHIEVEMENT SCHOOL DISTRICT UNLESS THE ACHIEVEMENT SCHOOL DISTRICT DETERMINES THAT A GRADUAL TRANSFER OF CONTROL, COMPLETE BEFORE THE 2017-2018 SCHOOL YEAR BEGINS, IS IN THE SCHOOL'S BEST INTEREST; TO REQUIRE SCHOOL DISTRICTS FROM WHICH SCHOOLS ARE BEING ABSORBED TO COOPERATE WITH THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT AND THE STATE BOARD OF EDUCATION IN THE SCHOOL'S TRANSFER; TO PROVIDE FOR THE SUBSEQUENT RETURN OF A SCHOOL TO LOCAL SCHOOL DISTRICT CONTROL BY THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT SUBJECT TO CERTAIN CONDITIONS BEING MET; TO REQUIRE THE SUPERINTENDENT OF THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT TO RECOMMEND HIGHLY QUALIFIED PERSONS FOR EMPLOYMENT AT A SCHOOL AND TO AUTHORIZE THE CONTINUED EMPLOYMENT, IN THE SCHOOL BOARD'S DISCRETION, OF PERSONNEL EMPLOYED AT A SCHOOL THAT IS BEING ABSORBED; TO AUTHORIZE THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT TO USE THE PERSONAL AND REAL PROPERTY OF A SCHOOL THAT IS ABSORBED, SUBJECT TO RULES AND REGULATIONS ADOPTED JOINTLY BY THE STATE BOARD OF EDUCATION AND THE SCHOOL BOARD OF THE ACHIEVEMENT SCHOOL DISTRICT; TO PROVIDE FOR STATE AND LOCAL FUNDING OF SCHOOLS IN THE MISSISSIPPI ACHIEVEMENT SCHOOL DISTRICT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the Mississippi Achievement School District for the purpose of transforming persistently failing public schools throughout the state into quality educational institutions. The Mississippi Achievement School District shall be a statewide school district, separate and distinct from all other school districts but not confined to any specified geographic boundaries, and shall be comprised of all public schools in the state which, during two (2) consecutive school years, are designated an "F" school by the State Board of Education under the accreditation rating system.
(2) The Mississippi Achievement School District shall be governed by a school board consisting of nine (9) members, to be appointed as follows:
(a) Three (3) members appointed by the Governor;
(b) Three (3) members appointed by the Lieutenant Governor; and
(c) One (1) member appointed by the State Superintendent of Public Education.
In order to provide for staggered terms of office, of the board members initially appointed by the Governor, one (1) member shall be appointed for a term of one (1) year, one (1) member shall be appointed for a term of two (2) years, one (1) member shall be appointed for a term of three (3) years and two (2) members shall be appointed for a term of (4) years. Of the board members initially appointed by the Lieutenant Governor, one (1) member shall be appointed for a term of one (1) year, one (1) member shall be appointed for a term of two (2) years, one (1) member shall be appointed for a term of three (3) years and one (1) member shall be appointed for a term of (4) years. Initial appointments to the school board must be made no later than thirty (30) days after the effective date of this act. Upon the expiration of the initial terms of office, the term of office of each member appointed to the school board shall be four (4) years.
In making the appointments, the Governor and Lieutenant Governor shall ensure diversity among the board members and representation from the different geographical regions of the state, with particular emphasis given to those areas in which there are schools that are in the Mississippi Achievement School District. The Governor and Lieutenant Governor, in their discretion, may solicit nominations for membership on the school board to aid in the appointment process. A vacancy occurring on the board must be filled for the balance of the term in the same manner as the original appointment.
(3) (a) Except as otherwise provided in this subsection, the school board of the Mississippi Achievement School District shall exercise those powers and duties granted or prescribed by law to the school boards of all school districts in the state.
(b) Notwithstanding any other provision of law to the contrary, the school board of the Mississippi Achievement School District may not:
(i) Levy taxes for the general support of the school district; or
(ii) Borrow money, whether by issuing bonds, notes, certificates of indebtedness or otherwise, if the repayment of the principal and interest on the borrowed money requires the levy of a special tax.
(c) The school board of the Mississippi Achievement School District shall procure suitable office space to serve as the administrative office of the school district. Meetings of the school board may be held at the administrative office; however, the school board is encouraged to schedule regular or special meetings of the board in accordance with Section 37-6-11 at various schools in the Mississippi Achievement School District in different regions of the state.
(4) The school board of the Mississippi Achievement School District shall select an individual to serve as superintendent of the Mississippi Achievement School District. In addition to those qualifications prescribed for superintendents under Section 37-9-13, the superintendent must be deemed by the board to be highly qualified, as demonstrated by a proven record of success in education administration. The superintendent of the Mississippi Achievement School District shall exercise the same powers and duties prescribed by law for all other school district superintendents.
(5) (a) Each public school in the state which, during each of two (2) consecutive school years, receives an "F" designation by the State Board of Education under the accreditation rating system must be absorbed into and become a part of the Mississippi Achievement School District. The transfer of the school's governance from the local school district to the Mississippi Achievement School District shall be immediate upon the school being designated an "F" school unless, in the sole determination of the Mississippi Achievement School District, the transition may be more smoothly accomplished through a gradual transfer of control. If the Mississippi Achievement School District elects not to assume complete control of a school immediately after that school receives an "F" designation, the school board of the Mississippi Achievement School District shall prescribe the process and timetable by which the school shall be absorbed; however, in no event may the transfer of the school to the Mississippi Achievement School District be completed later than the beginning of the school year next succeeding the year during which the school receives the "F" designation.
(b) The State Board of Education and the school board of the Mississippi Achievement School District, acting jointly, shall adopt rules and regulations governing the absorption of schools by the Mississippi Achievement School District.
(c) Designations assigned to schools under the accreditation rating system by the State Board of Education before the 2015-2016 school year may not be considered in determining whether a particular school is subject to being absorbed by the Mississippi Achievement School District. During the 2017-2018 school year, any school receiving an "F" designation after also being designated an "F" school in the 2015-2016 and 2016-2017 school years must be absorbed immediately by the Mississippi Achievement School District.
(d) The school district from which an "F" school is being absorbed must cooperate fully with the Mississippi Achievement School District and the State Board of Education in order to provide as smooth a transition as possible in the school's governance and operations for the students enrolled in the school. Upon completion of the transfer of a school from a local school district to the Mississippi Achievement School District, the school shall be governed by the rules, regulations, policies and procedures established by the school board of the Mississippi Achievement School District, and the school shall no longer be under the purview of the school board of the local school district. However, for purposes of providing an accurate accountability evaluation, any school absorbed into the Mississippi Achievement School District shall have its accountability rating under the state accountability model included in the overall evaluation of accountability in both the school district from which it was withdrawn and the Mississippi Achievement School District for grading assignments.
(e) A school that is absorbed into the Mississippi Achievement School District which, in a subsequent school year or school years is assigned a designation higher than "F", must continue to be a part of the Mississippi Achievement School District, notwithstanding the school's improved accreditation rating, unless the school board of the Mississippi Achievement School District determines that it is in the best interest of that school that it be returned to the control of the local school district.
(f) Upon attaining and maintaining a school accreditation rating of "C" or better under the State Department of Education's accreditation rating system for three (3) consecutive years, the local school board with original jurisdiction over a school absorbed into the Mississippi Achievement School District may petition the board of the Mississippi Achievement School District to revert the absorbed school back to the local school district. Within one hundred eighty (180) days of receipt of the petition the board of the Mississippi Achievement School District shall conduct a referendum to be held on the premises of the absorbed school property to allow the personnel of the school and the parents and legal guardians of students enrolled in and attending the school to vote on whether or not the school should revert back to the local district. All personnel, administrative, instructional, noninstructional, service, support and maintenance, employed at the school shall be allowed to vote. Only one (1) vote may be cast per student enrolled in and attending the school, which such vote must be cast by the student's parent or legal guardian. If a majority of the parents or legal guardians of students enrolled in and attending the school and a majority of employees vote to return to the local school district, then the school shall revert back to the local school district on the first day of instruction of the scholastic year immediately following the referendum.
(6) The superintendent of the Mississippi Achievement School District shall recommend to the school board those persons to be employed as principals, teachers and noninstructional personnel in schools absorbed into the Mississippi Achievement School District in the manner prescribed under Chapter 9, Title 37, Mississippi Code of 1972. Only highly qualified individuals having a demonstrable record of success may be selected by the superintendent for such positions in the Mississippi Achievement School District. The school board of the Mississippi Achievement School District, in its discretion, may choose to continue the employment of any person employed in an "F" rated school when the school is absorbed into the Mississippi Achievement School District; alternatively, the school board may elect not to offer continued employment to a person formerly employed at a school that is absorbed into the Mississippi Achievement School District.
(7) (a) The Mississippi Achievement School District may use a school building and all facilities and property that is a part of a school and recognized as part of the facilities or assets of the school before it is absorbed into the Mississippi Achievement School District. In addition, the Mississippi Achievement School District shall have access to those additional facilities that typically were available to that school, its students, faculty and staff before its absorption by the Mississippi Achievement School District. Use of facilities by a school in the Mississippi Achievement School District must be unrestricted and free of charge. However, the Mississippi Achievement School District shall be responsible for providing routine maintenance and repairs necessary to maintain the facilities in as good a condition as when the right of use was acquired by the Mississippi Achievement School District. The Mississippi Achievement School District shall be responsible for paying all utilities at the facilities used for the absorbed school. Any fixtures, improvements and tangible assets added to a school building or facility by the Mississippi Achievement School District must remain at the school building or facility if the school is returned to the local school district.
(b) The State Board of Education and the school board for the Mississippi Achievement School District shall include in the rules and regulations adopted pursuant to subsection (5) of this section specific provisions addressing the rights and responsibilities of the local school district and the Mississippi Achievement School District relating to the real and personal property of a school that is absorbed into the Mississippi Achievement School District.
(8) (a) The Mississippi Achievement School District shall certify annually to the school board of each local school district in which a Mississippi Achievement School District school is located the number of students residing in the school district which are enrolled in that school.
(b) The local school district in which a Mississippi Achievement School District school is located shall pay directly to the Mississippi Achievement School District an amount for each student enrolled in that school equal to the ad valorem tax receipts and in-lieu payments received per pupil for the support of the local school district in which the student resides. The pro rata ad valorem receipts and in-lieu receipts to be transferred to the Mississippi Achievement School District shall include all levies for the support of the local school district under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy) and may not include any taxes levied for the retirement of the local school district's bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. In no event may the payment exceed the pro rata amount of the local ad valorem payment for the local contribution to the adequate education program under Section 37-57-1 for the school district in which the student resides. Payments made under this section by a school district to the Mississippi Achievement School District must be made before the expiration of three (3) business days after the funds are distributed to the local school district by the tax collector.
(9) (a) The State Department of Education shall make payments to the Mississippi Achievement School District for each student in average daily attendance at a Mississippi Achievement School District school equal to the state share of the adequate education program payments for each student in average daily attendance at the local school district in which that school is located. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides, to be determined as provided in Section 37-151-7(2)(a).
(b) Payments made pursuant to this subsection by the State Department of Education must be made at the same time and in the same manner as adequate education program payments are made to all other school districts under Sections 37-151-101 and 37-151-103. Amounts payable to the Mississippi Achievement School District must be determined by the State Department of Education in the same manner that such amounts are calculated for all other school districts under the adequate education program.
(10) The Mississippi Achievement School District shall be considered a local educational agency for the same purposes and to the same extent that all other school districts in the state are deemed local educational agencies under applicable federal laws.
(11) The Mississippi Achievement School District may receive donations or grants from any public or private source, including any federal funding that may be available to the school district or individual schools within the Mississippi Achievement School District.
(12) The Legislature shall appropriate sufficient funding to the State Department of Education for the 2018 fiscal year for the specific purpose of funding the startup, operational and any other required costs of the Mississippi Achievement School District during the 2017-2018 school year.
SECTION 2. This act shall take effect and be in force from and after its passage.
