Bill Text: MS SB2409 | 2024 | Regular Session | Introduced
Bill Title: Charter School Authorizer Board; reconstitute and revise membership terms, change charter school funding formulas.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2409 Detail]
Download: Mississippi-2024-SB2409-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Senator(s) Younger, Chassaniol, Blackwell, Polk, Kirby, McMahan
Senate Bill 2409
AN ACT TO AMEND SECTION 37-28-7, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE CHARTER SCHOOL AUTHORIZER BOARD TO ESTABLISH TERMS THAT, WHEN CONCLUDED, MINIMIZE THE IMPACT ON THE BOARD'S ABILITY TO OPERATE BY STAGGERING TERMS OF MEMBERS; TO AMEND SECTION 37-28-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHARTER SCHOOL AUTHORIZER BOARD MAY RECEIVE UP TO THREE-PERCENT OF ANNUAL PER PUPIL ALLOCATIONS RECEIVED BY A CHARTER SCHOOL FROM STATE AND LOCAL FUNDS FOR EACH CHARTER SCHOOL IT AUTHORIZES; TO AMEND SECTION 37-28-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHARTER SCHOOL AUTHORIZER MAY GRANT RENEWAL OR LESSEN THE RENEWAL TERM BASED ON THE PERFORMANCE FRAMEWORK SET FORTH IN THE CHARTER CONTRACT; TO AMEND SECTION 37-28-55, MISSISSIPPI CODE OF 1972, TO MODIFY THE FUNDING FORMULA FOR CHARTER SCHOOLS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-28-7, Mississippi Code of 1972, is amended as follows:
37-28-7. (1) There is created the Mississippi Charter School Authorizer Board as a state agency with exclusive chartering jurisdiction in the State of Mississippi. Unless otherwise authorized by law, no other governmental agency or entity may assume any charter authorizing function or duty in any form.
(2) (a) The mission of the Mississippi Charter School Authorizer Board is to authorize high-quality charter schools, particularly schools designed to expand opportunities for underserved students, consistent with the purposes of this chapter. Subject to the restrictions and conditions prescribed in this subsection, the Mississippi Charter School Authorizer Board may authorize charter schools within the geographical boundaries of any school district.
(b) The Mississippi Charter School Authorizer Board may approve a maximum of fifteen (15) qualified charter applications during a fiscal year.
(c) In any school district designated as an "A," "B" or "C" school district by the State Board of Education under the accreditation rating system at the time of application, the Mississippi Charter School Authorizer Board may authorize charter schools only if a majority of the members of the local school board votes at a public meeting to endorse the application or to initiate the application on its own initiative.
(3) The Mississippi Charter School Authorizer Board shall consist of seven (7) members, to be appointed as follows:
(a) Three (3) members appointed by the Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
(b) Three (3) members appointed by the Lieutenant Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
(c) One (1) member appointed by the State Superintendent of Public Education.
All appointments must be made with the advice and consent of the Senate. In making the appointments, the appointing authority shall ensure diversity among members of the Mississippi Charter School Authorizer Board.
(4) Members appointed to the Mississippi Charter School Authorizer Board collectively must possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, assessment, curriculum and instruction, and public education law. Each member of the Mississippi Charter School Authorizer Board must have demonstrated an understanding of and commitment to charter schooling as a strategy for strengthening public education.
(5) To establish staggered
terms of office, the board shall hereby be reconstituted and all members reappointed
by July 1, 2024, the initial term of office for the three (3) Mississippi
Charter School Authorizer Board members appointed by the Governor shall be * * *
one (1) year for the appointee from the First Supreme Court District, two (2)
years for the appointee from the Second Supreme Court District, three (3) years
for the appointee from the Third Supreme Court District, and thereafter
shall be three (3) years; the initial term of office for the three (3) members
appointed by the Lieutenant Governor shall be three (3) years for the appointee
from the First Supreme Court District, one year (1) year for the appointee from
the Second Supreme Court District, two (2) years for the appointee from the Third
Supreme Court District, and thereafter shall be three (3) years; and the * * * term
of office for the member appointed by the State Superintendent of Public Education
shall be three (3) years. No member may serve more than two (2) consecutive
terms. The initial appointments must be made before * * *July
1, 2024.
(6) The Mississippi Charter School Authorizer Board shall meet as soon as practical after September 1, 2013, upon the call of the Governor, and shall organize for business by selecting a chairman and adopting bylaws. Subsequent meetings shall be called by the chairman.
(7) An individual member of the Mississippi Charter School Authorizer Board may be removed by the board if the member's personal incapacity renders the member incapable or unfit to discharge the duties of the office or if the member is absent from a number of meetings of the board, as determined and specified by the board in its bylaws. Whenever a vacancy on the Mississippi Charter School Authorizer Board exists, the original appointing authority shall appoint a member for the remaining portion of the term.
(8) No member of the Mississippi Charter School Authorizer Board or employee, agent or representative of the board may serve simultaneously as an employee, trustee, agent, representative, vendor or contractor of a charter school authorized by the board.
(9) The Mississippi Charter School Authorizer Board shall appoint an individual to serve as the Executive Director of the Mississippi Charter School Authorizer Board. The executive director shall possess the qualifications established by the board which are based on national best practices, and shall possess an understanding of state and federal education law. The executive director, who shall serve at the will and pleasure of the board, shall devote his full time to the proper administration of the board and the duties assigned to him by the board and shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director may employ such administrative staff as may be necessary to assist the director and board in carrying out the duties and directives of the Mississippi Charter School Authorizer Board.
(10) The Mississippi Charter School Authorizer Board is authorized to obtain suitable office space for administrative purposes. In acquiring a facility or office space, the authorizer board shall adhere to all policies and procedures required by the Department of Finance and Administration and the Public Procurement Review Board.
SECTION 2. Section 37-28-11, Mississippi Code of 1972, is amended as follows:
37-28-11. (1) To cover the costs of overseeing charter schools in accordance with this chapter, the authorizer shall receive up to three percent (3%) of annual per-pupil allocations received by a charter school from state and local funds for each charter school it authorizes.
(2) The authorizer may receive appropriate gifts, grants and donations of any kind from any public or private entity to carry out the purposes of this chapter, subject to all lawful terms and conditions under which the gifts, grants or donations are given.
(3) The authorizer may expend its resources, seek grant funds and establish partnerships to support its charter school authorizing activities.
SECTION 3. Section 37-28-33, Mississippi Code of 1972, is amended as follows:
37-28-33. (1) A charter
may be renewed for successive five-year terms of duration. The authorizer may
grant renewal with specific conditions for necessary improvements to a charter
school and may lessen the renewal term based on * * * the
performance framework set forth in the charter contract.
(2) Before September 30, the authorizer shall issue a charter school performance report and charter renewal application guidance to any charter school whose charter will expire the following year. The performance report must summarize the charter school's performance record to date, based on the data required by this chapter and the charter contract, and must provide notice of any weaknesses or concerns perceived by the authorizer which may jeopardize the charter school's position in seeking renewal if not timely rectified. The charter school must respond and submit any corrections or clarifications for the performance report within ninety (90) days after receiving the report.
(3) The charter renewal application guidance must provide, at a minimum, an opportunity for the charter school to:
(a) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(b) Describe improvements undertaken or planned for the school; and
(c) Detail the school's plans for the next charter term.
(4) The charter renewal application guidance must include or refer explicitly to the criteria that will guide the authorizer's renewal decision, which must be based on the performance framework set forth in the charter contract and consistent with this chapter.
(5) Before February 1, the governing board of a charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the charter renewal application guidance issued by the authorizer. The authorizer shall adopt a resolution ruling on the renewal application no later than ninety (90) days after the filing of the renewal application.
(6) In making each charter renewal decision, the authorizer must:
(a) Ground its decision in evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;
(b) Ensure that data used in making the renewal decision is available to the school and the public; and
(c) Provide a public report summarizing the evidence that is the basis for the renewal decision.
(7) A charter contract must be revoked at any time or not renewed if the authorizer determines that the charter school has done any of the following or otherwise failed to comply with the provisions of this chapter:
(a) Committed a material and substantial violation of any of the terms, conditions, standards or procedures required under this chapter or the charter contract;
(b) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract;
(c) Failed to meet generally accepted standards of fiscal management; or
(d) Substantially violated any material provision of law which is applicable to the charter school.
(8) The authorizer shall develop revocation and nonrenewal processes that:
(a) Provide the governing board of a charter school with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure;
(b) Allow the governing board a reasonable amount of time in which to prepare a response;
(c) Provide the governing board with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose;
(d) Allow the governing board access to representation by counsel and to call witnesses on the school's behalf;
(e) Permit the recording of such proceedings; and
(f) After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the governing board.
(9) Notwithstanding any provision to the contrary, the authorizer may not renew the charter of any charter school that, during the school's final operating year under the term of the charter contract, is designated an "F" school under the school accreditation rating system.
(10) If the authorizer revokes or does not renew a charter, the authorizer must state clearly, in a resolution adopted by the authorizer board, the reasons for the revocation or nonrenewal.
(11) Within ten (10) days after taking action to renew, not renew or revoke a charter, the authorizer shall provide a report to the charter school. The report must include a copy of the authorizer board's resolution setting forth the action taken, reasons for the board's decision and assurances as to compliance with all of the requirements set forth in this chapter.
SECTION 4. Section 37-28-55, Mississippi Code of 1972, is amended as follows:
37-28-55. (1) (a) The State Department of Education shall make payments to charter schools for each student in average daily attendance at the charter school equal to the state share of the adequate education program payments for each student in average daily attendance at the school district in which the charter 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 school districts under Sections 37-151-101 and 37-151-103. Amounts payable to a charter school must be determined by the State Department of Education. Amounts payable to a charter school over its charter term must be based on the enrollment projections set forth over the term of the charter contract. Such projections must be reconciled with the average daily attendance using months two (2) and three (3) ADA for the current year for which adequate education program funds are being appropriated and any necessary adjustments must be made to payments during the school's following year of operation.
(2) For students attending a
charter school located in the school district in which the student resides, the
school district in which a charter school is located shall pay directly to the charter
school an amount for each student enrolled in the charter 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 charter school 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. The amount of funds payable to the
charter school by the school district must be based on the previous year's enrollment
data and ad valorem receipts and in-lieu receipts of the local school district in
which the student resides and the portion of the charter school's average daily
membership for month one (1) reflecting students who reside in the school district.
The pro rata amount must be calculated by dividing the sum of the local
school district's months one (1) through nine (9) average daily membership and
the portion of the charter school's average daily membership for month one (1) of
the current year reflecting students who reside in the school district into
the total amount of ad valorem receipts and in-lieu receipts, as reported to the
State Department of Education by the local school district. The local school district
shall pay an amount equal to this pro rata amount multiplied by the number of students
enrolled in the charter school, based on the charter school's end of first month
enrollment for the current school year. The amount must be paid by the school district
to the charter school before * * * March
15 of the current fiscal year. If the local school district does not pay the
required amount to the charter schoolbefore * * * March
15, the State Department ofEducation
shall reduce the local school district's * * * March
transfer of Mississippi Adequate Education Program funds by the amount owed to the
charter school and shall redirect that amount to the charter school. Any such payments
made under this subsection (2) by the State Department of Education to a charter
school must be made at the same time and in the same manner as adequate education
program payments are made to school districts under Sections 37-151-101 and 37-151-103.
(3) For students attending a
charter school located in a school district in which the student does not reside,
the State Department of Education shall pay to the charter school in which the student
is enrolled an amount as follows: the pro rata ad valorem receipts and in-lieu
payments per pupil for the support of the local school district in which the student
resides under Sections 37-57-1 (local contribution to the adequate education program)
and 37-57-105 (school district operational levy), however, not including 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. The amount of funds payable to the charter school by the school district
must be based on the previous year's enrollment data and ad valorem receipts and
in-lieu receipts of the local school district in which the student resides and
the portion of the charter school's average daily membership for month one (1) reflecting
students who reside in the school district. The pro rata amount must be calculated
by dividing the sum of the local school district's months one (1) through
nine (9) average daily membership and the portion of the charter school's average
daily membership for month one (1) of the current year reflecting students who reside
in the school district into the total amount of ad valorem receipts and in-lieu
receipts, as reported to the State Department of Education by the transferor local
school district. The payable amount shall be equal to this pro rata amount multiplied
by the number of students enrolled in the charter school, based on the charter school's
end of first month enrollment for the current school year. The State Department
of Education shall reduce the school district's * * * transfer
of Mississippi Adequate Education Program funds by the amount owed to the charter
school and shall redirect that amount to the charter school. In cases where
the school district's transfer of Mississippi Adequate Education Program funds
is insufficient to cover the amount it owes the charter school, the school
district shall pay the charter school the balance it owes from its own funds,
of which the Mississippi Charter School Authorizer Board shall also receive 3%
in accordance with Section 37-28-11. Any such payments made under this subsection
(3) by the State Department of Education to a charter school must be made at the
same time and in the same manner as adequate education program payments are made
to school districts under Sections 37-151-101 and 37-151-103.
(4) (a) The State Department of Education shall direct the proportionate share of monies generated under federal and state categorical aid programs, including special education, vocational, gifted and alternative school programs, to charter schools serving students eligible for such aid. The department shall ensure that charter schools with rapidly expanding enrollments are treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each charter school that serves students who may be eligible to receive services provided through such programs shall comply with all reporting requirements to receive the aid.
(b) A charter school shall pay to a local school district any federal or state aid attributable to a student with a disability attending the charter school in proportion to the level of services for that student which the local school district provides directly or indirectly.
(c) Subject to the approval of the authorizer, a charter school and a local school district may negotiate and enter into a contract for the provision of and payment for special education services, including, but not necessarily limited to, a reasonable reserve, not to exceed five percent (5%) of the local school district's total budget for providing special education services. The reserve may be used by the local school district only to offset excess costs of providing services to students with disabilities enrolled in the charter school.
(b) A charter school may enter into a contract with a school district or private provider to provide transportation to the school's students.
(6) The State Department of Education shall disburse Education Enhancement Funds for classroom supplies, instructional materials and equipment, including computers and computer software to all eligible charter school teachers on the same basis and in the same manner as it is paid to school districts under Section 37-61-33(3)(a)(iii) for the purpose of issuing procurement cards or credentials for a digital solution to eligible teachers.
SECTION 5. This act shall take effect and be in force from and after July 1, 2024.
