Bill Text: MS SB2503 | 2026 | Regular Session | Introduced


Bill Title: Public schools; revise accountability framework.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2026-02-03 - Died In Committee [SB2503 Detail]

Download: Mississippi-2026-SB2503-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Education

By: Senator(s) Turner-Ford

Senate Bill 2503

AN ACT TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, TO AMEND THE STATE'S ACCOUNTABILITY FRAMEWORK FOR SCHOOLS RECEIVING FEDERAL AND/OR STATE FUNDING; TO REQUIRE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH STATEWIDE EDUCATIONAL GOALS AND STANDARDS FOR ALL PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN THE STATE; TO REQUIRE THAT THE BOARD SHALL UPDATE STANDARDS TO ENSURE COMPETENCIES ARE REMAINING UP TO DATE AND PROVIDE PUBLIC SCHOOL STUDENTS WITH A HIGH-QUALITY EDUCATION; TO ESTABLISH CRITERIA FOR COMPETENCY CERTIFICATIONS; TO PROVIDE THAT SUBJECT TO APPROPRIATIONS, THE SCHOOL BOARD SHALL ESTABLISH GRANT PROGRAMS FOR PUBLIC SCHOOLS PROVIDING ADVANCED PLACEMENT COURSES AND STUDENTS THE OPPORTUNITIES TO QUALIFY FOR ADVANCED PLACEMENT EXAM FEE WAIVERS; TO REQUIRE THAT THE BOARD SHALL PROVIDE ANNUAL EVALUATIONS FOR BOTH INDIVIDUAL PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS; TO PROVIDE THAT THE SUPERINTENDENT OF THE DEPARTMENT OF EDUCATION SHOULD COLLECT THE INFORMATION NECESSARY TO ASSESS THE EFFICACY AND EQUITY OF STATE AND FEDERAL MANDATED PROGRAMS, AND THAT THE DEPARTMENT SHALL ESTABLISH A SYSTEM TO COLLECT AND STORE THE NECESSARY INFORMATION TO PERFORM SAID ASSESSMENT; TO REQUIRE THAT EACH SCHOOL DISTRICT TO FILE A THREE-YEAR IMPROVEMENT PLAN WITH THE SUPERINTENDENT OF THE DEPARTMENT OF EDUCATION AND AN ANNUAL ACTION PLAN; TO REQUIRE SCHOOL BOARDS TO ANNUALLY ADOPT ACTION PLANS THAT ALIGN WITH THE DISTRICTS STRATEGIC IMPROVEMENT PLAN; TO REQUIRE THE SUPERINTENDENT TO REPORT ON THE PROGRESS OF GENOCIDE EDUCATION PROGRAMS IN PUBLIC SCHOOLS AND SCHOOL DISTRICTS; TO REQUIRE EACH SCHOOL DISTRICT AND CHARTER SCHOOL TO ANNUALLY SUBMIT A REPORT PROVIDING DATA CONCERNING STUDENTS RECEIVING TIERED INTERVENTION SERVICES AND ENGLISH AS A SECOND LANGUAGE LEARNER PROGRAMS; TO AUTHORIZE THE SUPERINTENDENT TO DESIGNATE SCHOOLS AS UNDERPERFORMING OR CHRONICALLY UNDERPERFORMING BASED ON PERFORMANCE DATA COLLECTED FROM THE SCHOOL DISTRICTS; TO REQUIRE THE SUPERINTENDENT TO WORK WITH SCHOOLS AND SCHOOL DISTRICTS TO CREATE AND IMPLEMENT TURNAROUND PLANS IN ORDER TO AID A SCHOOL IN IMPROVING AND NO LONGER QUALIFYING AS AN UNDERPERFORMING OR CHRONICALLY UNDERPERFORMING SCHOOL; TO OUTLINE REQUIREMENTS AND PROCEDURES THAT SHOULD BE FOLLOWED AND IMPLEMENTED WITHIN TURNAROUND PLANS FOR AN UNDERPERFORMING OR CHRONICALLY UNDERPERFORMING SCHOOL; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-17-6, Mississippi Code of 1972, is amended as follows:

     37-17-6.  (1)  The State Board of Education, acting through the Commission on School Accreditation, shall establish and implement a permanent performance-based accreditation system, and all noncharter public elementary and secondary schools shall be accredited under this system.

     (2)  School districts shall be required to provide school classroom space that is air-conditioned as a minimum requirement for accreditation.

     (3)  (a)  The State Board of Education, acting through the Commission on School Accreditation, shall require that school districts employ certified school librarians according to the following formula:

     Number of Students                Number of Certified

     Per School Library                School Librarians

     0 - 499 Students                  1/2 Full-time Equivalent

                                           Certified Librarian

     500 or More Students              1 Full-time Certified

                                           Librarian

          (b)  The State Board of Education, however, may increase the number of positions beyond the above requirements.

          (c)  The assignment of certified school librarians to the particular schools shall be at the discretion of the local school district.  No individual shall be employed as a certified school librarian without appropriate training and certification as a school librarian by the State Department of Education.

          (d)  School librarians in the district shall spend at least fifty percent (50%) of direct work time in a school library and shall devote no more than one-fourth (1/4) of the workday to administrative activities that are library related.

          (e)  Nothing in this subsection shall prohibit any school district from employing more certified school librarians than are provided for in this section.

          (f)  Any additional millage levied to fund school librarians required for accreditation under this subsection shall be included in the tax increase limitation set forth in Sections 37-57-105 and 37-57-107 and shall not be deemed a new program for purposes of the limitation.

     (4)  [Deleted]

 * * * (5)  (a) The State Department of Education, acting through the Mississippi Commission on School Accreditation, shall implement a single "A" through "F" school and school district accountability system complying with applicable federal and state requirements in order to reach the following educational goals:

   (i)  To mobilize resources and supplies to ensure that all students exit third grade reading on grade level;

   (ii)  To reduce the student dropout rate to ten percent (10%) by 2015; and

   (iii)  To have sixty percent (60%) of students scoring proficient and advanced on assessments.

  (b)  The State Department of Education shall combine the state school and school district accountability system with the federal system in order to have a single system.

  (c)  The State Department of Education shall establish five (5) performance categories ("A," "B," "C," "D" and "F") for the accountability system based on the following criteria:

   (i)  Student Achievement:  the percent of students proficient and advanced on the current state assessments;

   (ii)  Individual student growth:  the percent of students making one (1) year's progress in one (1) year's time on the state assessment, with an emphasis on the progress of the lowest twenty‑five percent (25%) of students in the school or district;

   (iii)  Four‑year graduation rate:  the percent of students graduating with a standard high school diploma in four (4) years, as defined by federal regulations;

   (iv)  The system shall include the federally compliant four‑year graduation rate in school and school district accountability system calculations.  Graduation rate will apply to high school and school district accountability ratings as a compensatory component.  The system shall discontinue the use of the High School Completer Index (HSCI);

   (v)  The school and school district accountability system shall incorporate a standards‑based growth model, in order to support improvement of individual student learning;

   (vi)  The State Department of Education shall determine feeder patterns of schools that do not earn a school grade because the grades and subjects taught at the school do not have statewide standardized assessments needed to calculate a school grade.  Upon determination of the feeder pattern, the department shall notify schools and school districts prior to the release of the school grades.  Feeder schools will be assigned the accountability designation of the school to which they provide students;

   (vii)  Standards for student, school and school district performance will be increased when student proficiency is at a seventy‑five percent (75%) and/or when sixty‑five percent (65%) of the schools and/or school districts are earning a grade of "B" or higher, in order to raise the standard on performance after targets are met; and

   (viii)  The system shall include student performance on the administration of a career‑readiness assessment, such as, but not limited to, the ACT WorkKeys Assessment, deemed appropriate by the State Department of Education working in coordination with the Office of Workforce Development.

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

(7)  The State Board of Education shall create an accreditation audit unit under the Commission on School Accreditation to determine whether schools are complying with accreditation standards.

(8)  The State Board of Education shall be specifically authorized and empowered to withhold allocations from the total funding formula funds as provided in Sections 37‑151‑200 through 37‑151‑215 to any public school district for failure to timely report student, school personnel and fiscal data necessary to meet state and/or federal requirements.

(9)  [Deleted]

(10)   The State Board of Education shall establish, for those school districts failing to meet accreditation standards, a program of development to be complied with in order to receive state funds, except as otherwise provided in subsection (15) of this section when the Governor has declared a state of emergency in a school district or as otherwise provided in Section 206, Mississippi Constitution of 1890.  The state board, in establishing these standards, shall provide for notice to schools and sufficient time and aid to enable schools to attempt to meet these standards, unless procedures under subsection (15) of this section have been invoked.

(11)  The State Board of Education shall be charged with the implementation of the program of development in each applicable school district as follows:

  (a)  Develop an impairment report for each district failing to meet accreditation standards in conjunction with school district officials;

  (b)  Notify any applicable school district failing to meet accreditation standards that it is on probation until corrective actions are taken or until the deficiencies have been removed.  The local school district shall develop a corrective action plan to improve its deficiencies.  For district academic deficiencies, the corrective action plan for each such school district shall be based upon a complete analysis of the following:  student test data, student grades, student attendance reports, student dropout data, existence and other relevant data.  The corrective action plan shall describe the specific measures to be taken by the particular school district and school to improve:  (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community.  The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated.  All corrective action plans shall be provided to the State Board of Education as may be required.  The decision of the State Board of Education establishing the probationary period of time shall be final;

  (c)  Offer, during the probationary period, technical assistance to the school district in making corrective actions.  Subject to appropriations, the State Department of Education shall provide technical and/or financial assistance to all such school districts in order to implement each measure identified in that district's corrective action plan through professional development and on‑site assistance.  Each such school district shall apply for and utilize all available federal funding in order to support its corrective action plan in addition to state funds made available under this paragraph;

  (d)  Assign department personnel or contract, in its discretion, with the institutions of higher learning or other appropriate private entities with experience in the academic, finance and other operational functions of schools to assist school districts;

  (e)  Provide for publication of public notice at least one time during the probationary period, in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein.  The publication shall include the following:  declaration of school system's status as being on probation; all details relating to the impairment report; and other information as the State Board of Education deems appropriate.  Public notices issued under this section shall be subject to Section 13‑3‑31 and not contrary to other laws regarding newspaper publication.

(12)  (a)  If the recommendations for corrective action are not taken by the local school district or if the deficiencies are not removed by the end of the probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn.  Additionally, if the local school district violates accreditation standards that have been determined by the policies and procedures of the State Board of Education to be a basis for withdrawal of school district's accreditation without a probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn.  After its consideration of the results of the hearing, the Commission on School Accreditation shall be authorized, with the approval of the State Board of Education, to withdraw the accreditation of a public school district, and issue a request to the Governor that a state of emergency be declared in that district.

  (b)  (i)  If the State Board of Education and the Commission on School Accreditation determine that an extreme emergency situation exists in a school district that jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and that emergency situation is believed to be related to a serious violation or violations of accreditation standards or state or federal law, the State Board of Education may request the Governor to declare a state of emergency in that school district.  For purposes of this paragraph, the declarations of a state of emergency district's impairments are related to a lack of financial may include the school district's serious failure to meet minimum academic standards, as evidenced by a continued pattern of poor student performance, or impairments related to a lack of financial resources.

   (ii)  If the State Board of Education determines that a public school or district in the state which, during each of two (2) consecutive school years or during two (2) of three (3) consecutive school years, receives an "F" designation by the State Board of Education under the accountability rating system or has been persistently failing as defined by the State Board of Education; or if the State Board of Education determines that a public school or district in the state which, during each of four (4) consecutive school years, receives a "D" or "F" designation by the State Board of Education under the accountability rating system or has been persistently failing as defined by the State Board of Education; or if more than fifty percent (50%) of the schools within a school district are designated as Schools‑At‑Risk in any one (1) year, then the board may place such school or district into a District of Transformation.  The State Board of Education shall take over only the number of schools and districts for which it has the capacity to serve.  The State Board of Education shall adopt rules and regulations governing any additional requirements for placement into a District of Transformation and the operation thereof.  School districts or schools that are eligible to be placed into a District of Transformation due to poor academic performance but are not absorbed due to the capacity of the State Board of Education, shall develop and implement a district improvement plan with prescriptive guidance and support from the Mississippi Department of Education, with the goal of helping the district improve student achievement.  Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities provided as support by the department shall result in the school district retaining its eligibility for placement into a District of Transformation.

   (iii)  If the State Board of Education determined that a school district is impaired with a serious lack of financial resources, the State Board of Education may place the school district into a District of Transformation.  If a school district is placed into a District of Transformation for financial reasons, the school district shall be required to reimburse the state for any costs incurred by the state on behalf of the school district.

  (c)  Whenever the Governor declares a state of emergency in a school district in response to a request made under paragraph (a) or (b) of this subsection, or when the State Board of Education places a school district into a District of Transformation due to poor academic performance or financial reasons, the State Board of Education may take one or more of the following actions:

   (i)  Declare a state of emergency, under which some or all of state funds can be escrowed except as otherwise provided in Section 206, Constitution of 1890, until the board determines corrective actions are being taken or the deficiencies have been removed, or that the needs of students warrant the release of funds.  The funds may be released from escrow for any program which the board determines to have been restored to standard even though the state of emergency may not as yet be terminated for the district as a whole;

   (ii)  Override any decision of the local school board or superintendent of education, or both, concerning the management and operation of the school district, or initiate and make decisions concerning the management and operation of the school district;

   (iii)  Assign an interim superintendent, or in its discretion, contract with a private entity with experience in the academic, finance and other operational functions of schools and school districts, who will have those powers and duties prescribed in subsection (15) of this section;

   (iv)  Grant transfers to students who attend this school district so that they may attend other accredited schools or districts in a manner that is not in violation of state or federal law;

   (v)  For states of emergency declared under paragraph (a) only, if the accreditation deficiencies are related to the fact that the school district is too small, with too few resources, to meet the required standards and if another school district is willing to accept those students, abolish that district and assign that territory to another school district or districts.  If the school district has proposed a voluntary consolidation with another school district or districts, then if the State Board of Education finds that it is in the best interest of the pupils of the district for the consolidation to proceed, the voluntary consolidation shall have priority over any such assignment of territory by the State Board of Education;

   (vi)  For actions taken pursuant to paragraph (b) only, reduce local supplements paid to school district employees, including, but not limited to, instructional personnel, assistant teachers and extracurricular activities personnel, if the district's impairment is related to a lack of financial resources, but only to an extent that will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education;

   (vii)  For actions taken pursuant to paragraph (b) only, the State Board of Education may take any action as prescribed in Section 37‑17‑13.

  (d)  At the time that satisfactory corrective action has been taken in a school district in which a state of emergency has been declared, the State Board of Education may request the Governor to declare that the state of emergency no longer exists in the district.

  (e)  The parent or legal guardian of a school‑age child who is enrolled in a school district whose accreditation has been withdrawn by the Commission on School Accreditation and without approval of that school district may file a petition in writing to a school district accredited by the Commission on School Accreditation for a legal transfer.  The school district accredited by the Commission on School Accreditation may grant the transfer according to the procedures of Section 37‑15‑31(1)(b).  In the event the accreditation of the student's home district is restored after a transfer has been approved, the student may continue to attend the transferee school district.  The per pupil amount of the total funding formula allotment for the student's home school district shall be transferred monthly to the school district accredited by the Commission on School Accreditation that has granted the transfer of the school‑age child.

  (f)  Upon the declaration of a state of emergency for any school district in which the Governor has previously declared a state of emergency, the State Board of Education may either:

   (i)  Place the school district into district transformation, in which the school district shall remain until it has fulfilled all conditions related to district transformation.  If the district was assigned an accreditation rating of "D" or "F" when placed into district transformation, the district shall be eligible to return to local control when the school district has attained a "C" rating or higher for three (3) consecutive years;

   (ii)  Abolish the school district and administratively consolidate the school district with one or more existing school districts;

   (iii)  Reduce the size of the district and administratively consolidate parts of the district, as determined by the State Board of Education.  However, no school district which is not in district transformation shall be required to accept additional territory over the objection of the district; or

   (iv)  Require the school district to develop and implement a district improvement plan with prescriptive guidance and support from the State Department of Education, with the goal of helping the district improve student achievement.  Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities  provided as support by the department shall result in the school district retaining its eligibility for district transformation.

(13)  Upon the declaration of a state of emergency in a school district under subsection (12) of this section, or upon the State Board of Education's placement of a school district into a District of Transformation for academic or financial reasons, the Commission on School Accreditation shall be responsible for public notice at least once a week for at least three (3) consecutive weeks in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein.  The size of the notice shall be no smaller than one‑fourth (1/4) of a standard newspaper page and shall be printed in bold print.  If an interim superintendent has been appointed for the school district, the notice shall begin as follows:  "By authority of Section 37‑17‑6, Mississippi Code of 1972, as amended, adopted by the Mississippi Legislature during the 1991 Regular Session, this school district (name of school district) is hereby placed under the jurisdiction of the State Department of Education acting through its appointed interim superintendent (name of interim superintendent)."

The notice also shall include, in the discretion of the State Board of Education, any or all details relating to the school district's emergency status, including the declaration of a state of emergency in the school district and a description of the district's impairment deficiencies, conditions of any district transformation status and corrective actions recommended and being taken.  Public notices issued under this section shall be subject to Section 13‑3‑31 and not contrary to other laws regarding newspaper publication.

Upon termination of a school district in a District of Transformation, the Commission on School Accreditation shall cause notice to be published in the school district in the same manner provided in this section, to include any or all details relating to the corrective action taken in the school district that resulted in the termination of the state of emergency.

(14)  The State Board of Education or the Commission on School Accreditation shall have the authority to require school districts to produce the necessary reports, correspondence, financial statements, and any other documents and information necessary to fulfill the requirements of this section.

Nothing in this section shall be construed to grant any individual, corporation, board or interim superintendent the authority to levy taxes except in accordance with presently existing statutory provisions.

(15)  (a)  Whenever the Governor declares a state of emergency in a school district in response to a request made under subsection (12) of this section, or when the State Board of Education places a school district into a District of Transformation for academic or financial reasons, the State Board of Education, in its discretion, may assign an interim superintendent to the school district, or in its discretion, may contract with an appropriate private entity with experience in the academic, finance and other operational functions of schools and school districts, who will be responsible for the administration, management and operation of the school district, including, but not limited to, the following activities:

   (i)  Approving or disapproving all financial obligations of the district, including, but not limited to, the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel, contractual agreements and purchase orders, and approving or disapproving all claim dockets and the issuance of checks; in approving or disapproving employment contracts of superintendents, assistant superintendents or principals, the interim superintendent shall not be required to comply with the time limitations prescribed in Sections 37‑9‑15 and 37‑9‑105;

   (ii)  Supervising the day‑to‑day activities of the district's staff, including reassigning the duties and responsibilities of personnel in a manner which, in the determination of the interim superintendent, will best suit the needs of the district;

   (iii)  Reviewing the district's total financial obligations and operations and making recommendations to the district for cost savings, including, but not limited to, reassigning the duties and responsibilities of staff;

   (iv)  Attending all meetings of the district's school board and administrative staff;

   (v)  Approving or disapproving all athletic, band and other extracurricular activities and any matters related to those activities;

   (vi)  Maintaining a detailed account of recommendations made to the district and actions taken in response to those recommendations;

   (vii)  Reporting periodically to the State Board of Education on the progress or lack of progress being made in the district to improve the district's impairments during the state of emergency; and

   (viii)  Appointing a parent advisory committee, comprised of parents of students in the school district that may make recommendations to the interim superintendent concerning the administration, management and operation of the school district.

The cost of the salary of the interim superintendent and any other actual and necessary costs related to district transformation status paid by the State Department of Education shall be reimbursed by the local school district from funds other than total funding formula funds as provided in Sections 37‑151‑200 through 37‑151‑215.  In the alternative, the local school district may pay the cost of the salary of the interim superintendent.  The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's funding formula funds.

At the time that the Governor, in accordance with the request of the State Board of Education, declares that the state of emergency no longer exists in a school district, the interim superintendent assigned to the district shall remain in place for a period of two (2) years and shall work alongside the newly reconstituted school board.  A new superintendent may be hired by the newly reconstituted board after the one (1) year state of emergency no longer exists, but he or she shall serve as deputy to the interim superintendent while the interim superintendent is assigned to the district.

  (b)  In order to provide loans to school districts under a state of emergency or in district transformation status that have impairments related to a lack of financial resources, the School District Emergency Assistance Fund is created as a special fund in the State Treasury into which monies may be transferred or appropriated by the Legislature from any available public education funds.  Funds in the School District Emergency Assistance Fund up to a maximum balance of Three Million Dollars ($3,000,000.00) annually shall not lapse but shall be available for expenditure in subsequent years subject to approval of the State Board of Education.  Any amount in the fund in excess of Three Million Dollars ($3,000,000.00) at the end of the fiscal year shall lapse into the State General Fund or the Education Enhancement Fund, depending on the source of the fund.

The State Board of Education may loan monies from the School District Emergency Assistance Fund to a school district that is under a state of emergency or in district transformation status, in those amounts, as determined by the board, that are necessary to correct the district's impairments related to a lack of financial resources.  The loans shall be evidenced by an agreement between the school district and the State Board of Education and shall be repayable in principal, without necessity of interest, to the School District Emergency Assistance Fund by the school district from any allowable funds that are available.  The total amount loaned to the district shall be due and payable within five (5) years after the impairments related to a lack of financial resources are corrected.  If a school district fails to make payments on the loan in accordance with the terms of the agreement between the district and the State Board of Education, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may withhold that district's total funding formula funds in an amount and manner that will effectuate repayment consistent with the terms of the agreement; the funds withheld by the department shall be deposited into the School District Emergency Assistance Fund.

The State Board of Education shall develop a protocol that will outline the performance standards and requisite timeline deemed necessary for extreme emergency measures.  If the State Board of Education determines that an extreme emergency exists, simultaneous with the powers exercised in this subsection, it shall take immediate action against all parties responsible for the affected school districts having been determined to be in an extreme emergency.  The action shall include, but not be limited to, initiating civil actions to recover funds and criminal actions to account for criminal activity.  Any funds recovered by the State Auditor or the State Board of Education from the surety bonds of school officials or from any civil action brought under this subsection shall be applied toward the repayment of any loan made to a school district hereunder.

(16)  [Deleted]

(17)  [Deleted]

(18)  The State Board of Education, acting through the Commission on School Accreditation, shall require each school district to comply with standards established by the State Department of Audit for the verification of fixed assets and the auditing of fixed assets records as a minimum requirement for accreditation.

(19)  [Deleted]

(20)  [Deleted]

(21)  If a local school district is determined as failing and placed into district transformation status for reasons authorized by the provisions of this section, the interim superintendent appointed to the district shall, within forty‑five (45) days after being appointed, present a detailed and structured corrective action plan to move the local school district out of district transformation status to the deputy superintendent.  A copy of the interim superintendent's corrective action plan shall also be filed with the State Board of Education.

     (5)  (a)  The State Board of Education shall establish a set of statewide educational goals for all public elementary and secondary schools in the state.

          (b)  The board shall direct the State Superintendent of Education to institute a process to develop academic standards for the core subjects:

              (i)  Mathematics;

              (ii)  Science and technology;

              (iii)  History and social science;

              (iv)  English;

              (v)  Foreign languages; and

              (vi)  The arts.

          (c)  The standards shall cover grades kindergarten through twelve (12), and shall clearly set forth the skills, competencies and knowledge expected to be possessed by all students at the conclusion of individual grades or clusters of grades.  The standards shall be formulated so as to set high expectations of student performance and to provide clear and specific examples that embody and reflect these high expectations, and shall be constructed with due regard to the work and recommendations of national organizations, to the best of similar efforts in other states, and to the level of skills, competencies and knowledge possessed by typical students in the most educationally advanced nations.  The skills, competencies and knowledge set forth in the standards shall be expressed in terms which lend themselves to objective measurement, define the performance outcomes expected of both students directly entering the workforce and of students pursuing higher education and facilitate comparisons with students of other states and other nations.

          (d)  The standards shall provide for instruction in at least the major principles of:

              (i)  The Declaration of Independence;

              (ii)  The United States Constitution;

              (iii)  The Federalist Papers;

              (iv)  Instill respect for the cultural, ethnic and racial diversity of this state;

              (v)  Appreciation for contributions made by diverse cultural, ethnic and racial groups to the life of this state.

              (vi)  Fundamentals of the Mississippi history;

              (vii)  The history of working people and the labor movement in the United States.

              (viii)  Instruction concerning the fundamentals of life preparedness, health, nutrition and exercise, which shall include, but not be limited to:

                   1.  Physical education;

                   2.  Human immunodeficiency virus and acquired immune deficiency syndrome;

                   3.  Violence prevention, including teen dating violence, bullying prevention, conflict resolution and drug, alcohol and tobacco abuse prevention;

                   4.  Family life skills;

                   5.  Financial literacy;

                   6.  Consumer skills; and

                   7.  Basic career exploration and employability skills;

              (ix)  Fundamental knowledge of technology education and computer science and keyboarding skills;

              (x)  Major principles of environmental science and environmental protection;

              (xi)  Awareness of global education and geography;

              (xii)  Community service-learning activities and programs; and 

              (xiii)  Any additional standards in other areas of education that the board deems necessary to aid students into becoming model students and stellar citizens.

     (6)  Academic standards shall be designed to avoid perpetuating gender, cultural, ethnic or racial stereotypes. 

     (7)  The academic standards shall reflect sensitivity to different learning styles and impediments to learning.

     (8)  The board shall develop procedures for updating, improving or refining standards, but shall ensure that the high quality of the standards is maintained.  A copy of said standards shall be submitted to the Governor, Lieutenant Governor, Speaker of the House of Representatives, the chairmen of the House and Senate Education committees and the Superintendent of the Department of Education at least sixty (60) days prior to taking effect.  The standards shall also include criteria for three (3) determinations or certificates as follows:

          (a)  The "competency determination" shall be based on the academic standards and curriculum frameworks for tenth-graders in the areas of mathematics, science and technology, history and social science, foreign languages and English, and shall represent a determination that a particular student has demonstrated mastery of a common core of skills, competencies and knowledge in these areas by satisfactorily completing coursework that has been certified by the student's district as showing mastery of the skills, competencies and knowledge contained in the state academic standards and curriculum frameworks in the areas measured by the   End-of-Course (EOC) exams, and in any additional areas determined by the board.  Satisfaction of the requirements of the competency determination shall be a condition for high school graduation.  If the particular student's assessment results for the tenth grade do not demonstrate the required level of competency, the student shall have the right to participate in the assessment program the following year or years.  Students who fail to satisfy the requirements of the competency determination may be eligible to receive an educational assistance plan designed within the confines of the foundation budget to impart the skills, competencies and knowledge required to attain the required level of mastery.  The parent, guardian or person acting as parent of the student shall have the opportunity to review the educational assistance plan with the student's teachers.  Nothing in this section shall be construed to provide a parent, guardian, person acting as a parent or student with an entitlement to contest the proposed plan or with a cause of action for educational malpractice if the student fails to obtain a competency determination.

          (b)  The "certificate of mastery" shall be based upon a determination that the recipient has demonstrated mastery of a comprehensive body of skills, competencies and knowledge comparable to that possessed by accomplished graduates of high school or equivalent programs in the most advanced education systems in the world.  The criteria for a certificate of mastery may incorporate a number of factors which may include, but not be limited to, any of the following:

              (i)  High school graduation standards;

              (ii)  Superior performance on advanced placement tests administered by the educational testing service; and

              (iii)  Demonstrated excellence in areas not reflected by the state's assessment instruments, such as artistic or literary achievement.  Eligibility for potential receipt of a certificate of mastery shall extend to all secondary students residing in the state.

          (c)  The "certificate of occupational proficiency" shall be awarded to students who successfully complete a comprehensive education and training program in a particular trade or professional skill area and shall reflect a determination that the recipient has demonstrated mastery of a core of skills, competencies and knowledge comparable to that possessed by students of equivalent age entering the particular trade or profession from the most educationally advanced education systems in the world.  No student may receive said certificate of occupational proficiency without also having acquired a competency determination.

     (9)  Nothing in this chapter shall prohibit a student from beginning a program of vocational education before achieving a determination of competency.  Such vocational education may begin at grades nine (9), ten (10) or eleven (11).  No provision of law shall prohibit concurrent pursuit of a competency determination and vocational learning.  There shall be no cause of action for a parent, guardian or student who fails to obtain a competency determination, a certificate of mastery or a certificate of occupational proficiency.

     (10)  Subject to appropriation, the board shall establish a grant program which shall award grants to school districts for the costs associated with establishing advanced placement courses.  The board shall promulgate regulations defining the standards of eligibility and other implementation guidelines.

     (11)  Subject to appropriation, the board shall establish an advanced placement test fee grant program which shall award grants to school districts for the reimbursement of application fees for students based on financial need in order to assist students with paying the fee for advanced placement tests.  The board shall promulgate regulations defining the standards of eligibility and other implementation guidelines for this program.

     (12)  (a)  The board shall adopt a system for evaluating on an annual basis the performance of both public school districts and individual public schools.  With respect to individual schools, the system shall include instruments designed to assess the extent to which schools and districts succeed in improving or fail to improve student performance, as defined by student acquisition of the skills, competencies and knowledge called for by the academic standards and embodied in the curriculum frameworks established by the board pursuant to subsection (5)(b), (c) and (d) of this section, in the areas of mathematics, science and technology, history and social science, English, foreign languages and the arts, as well as by other gauges of student learning judged by the board to be relevant and meaningful to students, parents, teachers, administrators and taxpayers.

          (b)  The system shall be designed both to measure outcomes and results regarding student performance, and to improve the effectiveness of curriculum and instruction.  In its design and application, the system shall strike a balance among considerations of accuracy, fairness, expense and administration. The system shall employ a variety of assessment instruments on either a comprehensive or statistically valid sampling basis.  Such instruments shall be criterion referenced, assessing whether students are meeting the academic standards described in this section.

          (c)  As much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples, projects and portfolios and shall facilitate authentic and direct gauges of student performance.  Such instruments shall provide the means to compare student performance among the various school systems and communities in the state, and between students in other states and in other nations, especially those nations which compete with the state for employment and economic opportunities.  The board shall take all appropriate action to bring about and continue the states participation in the assessment activities of the National Assessment of Educational Progress and in the development of standards and assessments by the Mississippi College- and Career-Readiness Standards (MS CCRS).

          (d)  In addition, comprehensive diagnostic assessment of individual students shall be conducted at least in the fourth, eighth and tenth grades.  Said diagnostic assessments shall identify academic achievement levels of all students in order to inform teachers, parents, administrators and the students themselves, as to individual academic performance.  The board shall develop procedures for updating, improving or refining the assessment system.

          (e)  The assessment instruments shall be designed to avoid gender, cultural, ethnic or racial stereotypes and shall recognize sensitivity to different learning styles and impediments to learning.  The system shall take into account on a nondiscriminatory basis the cultural and language diversity of students in the state and the particular circumstances of students with special needs.  Said system shall comply with federal requirements for accommodating children with special needs.  All potential English proficient students from language groups in which English learner programs, shall also be allowed opportunities for assessment of their performance in the language which best allows them to demonstrate educational achievement and mastery of academic standards and curriculum frameworks established under subsection (5) of this section.  For the purposes of this section, a "potential English proficient student" shall be defined as a student who is not able to perform ordinary class work in English; provided, however, that no student shall be allowed to be tested in a language other than English for longer than three (3) consecutive years.

     (13)  The Superintendent of the Mississippi Department of Education is authorized and directed to gather information, including the information specified herein and such other information as the department shall require, for the purposes of evaluating individual public schools, school districts and the efficacy and equity of state and federal mandated programs.  All information filed pursuant to this section shall be filed in the manner and form prescribed by the department.

     (14)  The department shall establish and maintain a data system to collect information from school districts for the purpose of assessing the effectiveness of district evaluation systems in assuring effective teaching and administrative leadership in the public schools.  Such information shall be made available in the aggregate to the public; provided, however, that any data or information that school districts, the department or both create, send or receive in connection with educator evaluation that is evaluative in nature and which may be linked to an individual educator, including information concerning an educator's formative assessment or evaluation or summative evaluation or performance rating or the student learning, growth and achievement data that may be used as part of an individual educator's evaluation, shall be considered personnel information and shall not be subject to disclosure.

     (15)  Each school district shall maintain individual records on every student and employee.  Each student record shall contain a unique and confidential identification number, basic demographic information, program and course information and such other information as the department shall determine necessary.  Said records shall conform to parameters established by the department.

     (16)  For the purposes of improving the performance of school districts and individual public schools and the efficacy and equity of state and federal programs and for the purposes of reducing the amount of paperwork to relieve the administrative burden on local districts, each district shall file with the superintendent once in each three-year period a comprehensive, three-year district improvement plan.  The plan shall be developed and submitted in a manner and form prescribed by the department of education.  The plan shall also include a description of how the district implements the requirements of this section, and shall be subject to review by the department not less than every six (6) years.  The plan shall, to the extent feasible, be designed to fulfill all planning requirements of state and federal education laws, and shall include, but not be limited to:

          (a)  An analysis of student and subgroup achievement gaps in core subjects;

          (b)  Identification of specific improvement objectives;          (c)  A description of the strategic initiatives the district will undertake to achieve its improvement objectives;

          (d)  Performance benchmarks and processes for evaluating the effect of district improvement initiatives; and

          (e)  Description of the professional development activities that will support each district improvement initiative and the teacher induction and mentoring activities that will be undertaken to support successful implementation of the district's improvement efforts.

     (17)  On an annual basis, not later than September 1 of each year, each district shall prepare and have available for state review an annual action plan.  The district's annual action plan shall enumerate the specific activities, persons responsible and timelines for action to be taken as part of the strategic initiatives set forth in the district's three-year improvement plan, and shall identify the staff and financial resources allocated to support these initiatives.

     (18)  Annually, the principal of each school, in consultation with the school board established pursuant to this section, shall adopt student performance goals for the schools consistent with the school performance goals established by the department of education pursuant to state and federal law and regulations and, consistent with any educational policies established for the district shall assess the needs of the school in light of those goals and formulate a school plan to advance such goals and improve student performance.  The school's plan to support improved student performance shall include, but not be limited to, the same components required for district improvement plans and shall conform to department and district specifications to ensure that such school improvement plans meet state and federal law requirements.  Each school improvement plan shall be submitted to the superintendent who shall review and approve the plan, after consultation with the school committee, no later than July 1 of the year in which the plan is to be implemented, according to a plan development and review schedule established by the district superintendent.

     (19)  The three-year comprehensive district plan, annual district action plan and annual school improvement plan shall replace any district and school plans previously adopted by the district or school.  The department shall identify any additional reports or plans called for by any general law or regulation which can be incorporated into this single filing in order to reduce paperwork and eliminate duplication.

     (20)  (a)  Each school district in which more than twenty percent (20%) of the students score below level two (2) on the Mississippi Academic Assessment Program (MAAP) exams, shall submit a MAAP success plan to the department.  The plan shall describe the school district's strategies for helping each student to master the skills, competencies and knowledge required for the competency determination described in subsection (5) of this section.

          (b)  The department shall determine the elements that shall be required to be included in such plan.  These elements may include, but are not limited to, the following:

              (i)  A plan to assess each student's strengths, weaknesses and needs;

              (ii)  A plan to use summer school, after school and other additional support to provide each child with the assistance needed; and

              (iii)  A plan for involving the parents of students in helping the student improve on subsequent MAAP exams and master the skills, competencies and knowledge required for the competency determination described in subsection (5) of this section.

          (c)  The department shall examine each district's plan and determine if it has a reasonable prospect of significantly reducing the school district's failure rates.  The department shall coordinate oversight of the MAAP success plans.

     (21)  Each school district shall file a report with the department every year by a date and in a format determined by the board.  Said report shall include, but not be limited to, the following:

          (a)  An outline of the curriculum and graduation requirements of the district;

          (b)  Pupil/teacher ratios and class size policy and practice;

          (c)  Teacher and administrator evaluation procedures;

          (d)  Statistics, policies, and procedures relative to truancy and dropouts;

          (e)  Statistics, policies, and procedures relative to expulsions and in-school and out-of-school suspensions;

          (f)  Percent of school-age children attending public schools;

          (g)  Racial composition of teaching and administrative staff;

          (h)  Enrollment and average daily attendance; and

          (i)  The annual budgets and expenditures for both the district and the individual schools in the district.

     (22)  Each school district shall file a description of the following instructional procedures and programs with the department every year:

          (a)  Art and music programs;

          (b)  Technology education;

          (c)  Programs for gifted and talented students;

          (d)  Adult education programs;

          (e)  Library and media facilities;

          (f)  Condition of instructional materials, including textbooks, workbooks, audio-visual materials and laboratory materials;

          (g)  Types, quantity and condition of computers and computer software;

          (h)  Basic skills remediation programs;

          (i)  Drug, tobacco and alcohol abuse programs;

          (j)  Multicultural education training for students and teachers;

          (k)  Global education;

          (l)  Nutrition and wellness programs; and

          (m)  Genocide education programs.

     (23)  Annually, not later than October 1, the superintendent shall provide a report on the progress of genocide education programs in public schools and school districts to the Chairmen of the House of Representatives and the Senate Education Committees.  The report shall provide a description of the manner in which districts are offering genocide instruction including:

          (a)  The number of hours of instruction offered;

          (b)  The grade levels at which such instruction is offered; and

          (c)  The title and description of the course in which such instruction is integrated.

     (24)  Each school district and charter school shall file an annual report for the current school year regarding implementation of requirements of subsection (5) of this section, with the department every November 1 in a format determined by the department.  The report shall include, but not be limited to, the following:

          (a)  The number of children receiving tier intervention services;

          (b)  The number of children, by grade level, within each such intervention services and the costs of services provided by each such category for such children receiving their education in a publicly operated day school program;

          (c)  The number of children, by grade level, within each such intervention tier and the costs of services provided by each such category for such children receiving their education in a private day setting;

          (d)  The number of children, by grade level, within each such disability category and the costs of services provided by each such category for such children receiving their education in a private residential setting;

          (e)  The number of children who remain in the regular education program full time;

          (f)  The number of children who are removed from the regular classroom for up to twenty-five percent (25%) of the day;        (g)  The number of children who are removed from the regular classroom between twenty-five percent (25%) to sixty percent (60%) of the day;

          (h)  The number of children who are placed in substantially separate classrooms on a regular education school site;

          (i)  The number of children, ages three (3) and four (4), who are educated in integrated and separate classrooms; and          (j)  The assignment by sex, national origin, economic status, race and religion, of children by age level to special education classes and the distribution of children residing in the district by sex, national origin, economic status, race and religion of children by age level;

          (k)  The number of children, by grade level, receiving special education services who are English learners; and

          (l)  Additional information as the department shall request.

     (25)  Each school district required to provide an English learner program shall file the following information with the department annually:

          (a)  The type of English learner programs provided;

          (b)  With regard to English learners:

              (i)  The number enrolled in each type of English learner program;

              (ii)  The number enrolled in English as a second language who are not enrolled in another English learner program;              (iii)  The results of basic skills, curriculum assessment, achievement and language proficiency testing, whether administered in English or in the native language;

              (iv)  The absentee, suspension, expulsion, dropout and promotion rates; and

              (v)  The number of years each English learner has been enrolled in an English learner program;

          (c)  The number of students each year who have enrolled in institutions of higher education and were formerly enrolled in an English learner program;

          (d)  The academic progress in regular education of students who have completed an English learner program;

          (e)  For each English learner receiving special education, the number of years in the school district prior to special education evaluation and the movement in special education programs by program placement;

          (f)  The number of English learners enrolled in programs of occupational or vocational education;

          (g)  The name, national origin, native language, certificates held, language proficiency, grade levels and subjects taught by each teacher of an English learner program, bilingual aides or paraprofessionals, bilingual guidance or adjustment counselors and bilingual school psychologists;

          (h)  The per-pupil expenditures for each full-time equivalent student enrolled in an English learner program;

          (i)  The sources and amounts of all funds expended on students enrolled in English learner programs, broken down by local, state and federal sources, and whether any such funds expended supplanted, rather than supplemented, the local school district obligation, and the participation of parents through parent teacher associations;

          (j)  If there were complaints filed with a federal or state court or administrative agency since the program's inception concerning compliance with federal or state minimum legal requirements, the disposition of the complaint and the monitoring and evaluation of an agreement or court order relative to the complaint;

          (k)  Opportunities that the district makes available to English learners for instruction in maintaining or developing proficiency in a student's native language;

          (l)  A description of the school district's plan to evaluate the effectiveness of its English learner programs relative to:

              (i)  Helping students attain English language proficiency and master academic standards;

              (ii)  Measuring student readiness to join mainstream classrooms;

              (iii)  Evaluations and measures provided in addition to department requirements; and

              (iv)  A description of the steps that the school district plans to take to address an identified deficiency;

          (m)  A record of:

              (i)  Instances in which a parent or guardian requested to withdraw a student from or refused a student's participation in an English learner program; and

              (ii)  Meetings held with a parent or guardian regarding a student who is not making satisfactory progress toward participating and learning in a mainstream classroom;

          (n)  A description of the training provided by the district to staff who work with culturally and linguistically diverse student populations; and

          (o)  Documentation detailing the participation of English learners in the district's regular and advanced educational programs and extracurricular activities.

     Said information shall be filed in the form of the total for the school district as well as categorized by school, grade and language.

     (26)  Annually, the superintendent shall analyze and publish data reported by school districts under this section regarding English learner programs and English learners.  The published data shall be on the department's website in a machine readable format, to the extent feasible.  The superintendent shall annually submit to the Chairmen of the House of Representatives and Senate Education Committees a report on the data, which shall be disaggregated on a statewide and school district basis and divided into categories including, but not limited to, language group and type of English learners program.  The report shall also include an analysis of the status of the progress of English learners, referencing the relevant data required to be collected in this section.

     (27)  (a)  The superintendent may, on the basis of student performance data collected or regulations adopted by the districts, designate one or more schools in a school district as underperforming or chronically underperforming.  The district shall adopt regulations establishing standards from the superintendent to make such designations on the basis of data collected or information from a school or district reviews required by this section.  Upon the release of the proposed regulations, the district shall file a copy thereof with the Chairmen of the House of Representatives and the Senate Education Committees.  Within thirty (30) days of the filing, the committee may hold a public hearing and issue a report on the regulations and file the report with the district.  The district pursuant to applicable law, may adopt final regulations making revisions to the proposed regulations as it deems appropriate after consideration of the report, and the district shall file the final regulations with the Department of Education.  Schools that score in the lowest twenty percent (20%) statewide among schools serving common grade levels on a single measure developed by the department that takes into account student performance data and, beginning on July 1, 2027, improvement in student academic performance, shall be deemed eligible for designation as underperforming or chronically underperforming.  Not more than four percent (4%) of the total number of public schools may be designated as underperforming or chronically underperforming at any given time.

          (b)  In adopting regulations allowing the superintendent to designate a school as underperforming or chronically underperforming, the department shall ensure that such regulations take into account multiple indicators of school quality in making determinations regarding underperformance or chronic underperformance, such as student attendance, dismissal rates and exclusion rates, promotion rates, graduation rates or the lack of demonstrated significant improvement for two (2) or more consecutive years in core academic subjects, either in the aggregate or among subgroups of students, including designations based special education, low-income, English language proficiency and racial classifications.

          (c)  Before a school is designated chronically underperforming by the superintendent, a school must be designated underperforming and fail to improve.  An underperforming or chronically underperforming school described in the following paragraphs shall operate in accordance with laws regulating other public schools, except as such provisions may conflict with this section or any turnaround plans created thereunder.  A student who is enrolled in a school at the time it is designated as underperforming or chronically underperforming shall retain the ability to remain enrolled in the school while remaining a resident of the district if the student chooses to do so.

          (d)  Upon the designation of a school as an underperforming school in accordance with regulations developed pursuant to this section, the superintendent of the district, with approval by the superintendent of the Department of Education, shall create a turnaround plan for the school.  The superintendent may allow for an expedited turnaround plan for schools that have been previously designated as underperforming and where the district has a turnaround plan that has had a public comment period and approval of the local school board.

          (e)  Before the superintendent creates the turnaround plan required in this subsection, the superintendent shall convene a local stakeholder group of not more than thirteen (13) individuals, for the purpose of soliciting recommendations on the content of such plan to maximize the necessary rapid academic achievement of students at the school.  The superintendent shall provide due consideration to the recommendations of the stakeholder group.  The group shall include:

              (i)  The superintendent, or his or her designee;

              (ii)  The chairman of the school board, or his or her designee;

              (iii)  The president of the local teacher's union, or his or her designee;

              (iv)  An administrator from the school, who may be the principal, chosen by the district superintendent;

              (v)  A teacher from the school chosen by the faculty of the school;

              (vi)  A parent from the school chosen by the local parent-teacher association.  If the school or district does not have a parent teacher association, or if the association does not select a parent, the district superintendent shall select a volunteer parent of a student from the school;

              (vii)  Representatives of applicable state and local social service, health and child welfare agencies, chosen by the district superintendent;

              (viii)  As appropriate, representatives of state and local workforce development agencies, chosen by the district superintendent;

              (ix)  For elementary schools, a representative of an early education and care provider; for middle schools or high schools, a representative of the higher education community; and            (x)  A member of the community appointed by school board.

     The superintendent shall convene such group within thirty (30) days of the superintendent designating a school as underperforming and the group shall make its recommendations to the superintendent within forty-five (45) days of its initial meeting.  Meetings of the local stakeholder group shall be open to the public and the recommendations submitted to the superintendent under this subsection shall be publicly available immediately upon their submission.

          (f)  In creating the turnaround plan, the superintendent shall include, after considering the recommendations of the local stakeholder group, provisions intended to maximize the necessary rapid academic achievement of students at the school and shall, to the extent practicable, base the plan on student outcome data, including, but not limited to:

              (i)  Data collected pursuant to information from a school or district review;

              (ii)  Student achievement on the Mississippi Academic Assessment Program (MAAP) exams;

              (iii)  Other measures of student achievement, approved by the Superintendent of the Department of Education;

              (iv)  Student promotion and graduation rates;

              (v)  Achievement data for different subgroups of students, including low-income students, English as a second language learners and students receiving special education; and

              (vi)  Student attendance, dismissal rates and exclusion rates.

          (g)  The superintendent shall also include in the creation of the turnaround plan, after considering the recommendations of the local stakeholder group, the following:

              (i)  Steps to address social service and health needs of students at the school and their families, to help students arrive and remain at school ready to learn;

              (ii)  Steps to improve or expand child welfare services and, as appropriate, law enforcement services in the school community, in order to promote a safe and secure learning environment;

              (iii)  Steps to improve workforce development services provided to students and their families at the school, to provide students and families with meaningful employment skills and opportunities;

              (iv)  Steps to address achievement gaps for English learners, special education students and low-income students; and               (v)  Alternative English language learning programs for English learners; and

              (vi)  A financial plan for the school, including any additional funds to be provided by the district, state, federal government or other sources.

          (h)  To assess the school across multiple measures of school performance and student success, the turnaround plan shall include measurable annual goals, including, but not limited to:

              (i)  Student attendance, dismissal rates and exclusion rates;

              (ii)  Student safety and discipline;

              (iii)  Student promotion and graduation and dropout rates;

              (iv)  Student achievement on the Mississippi Academic Assessment Program (MAAP) exams;

              (v)  Progress in areas of academic underperformance;

              (vi)  Progress among subgroups of students, including low-income students, English as a second language learners and students receiving special education;

              (vii)  Reduction of achievement gaps among different groups of students;

              (viii)  Student acquisition and mastery of twenty-first century skills;

              (ix)  Development of college readiness, including at the elementary and middle school levels;

              (x)  Parent and family engagement;

              (xi)  Building a culture of academic success among students;

              (xii)  Building a culture of student support and success among school faculty and staff and;

              (xiii)  Developmentally appropriate child assessments from pre-kindergarten through third grade, if applicable.

          (i)  Notwithstanding any general or special law to the contrary, in creating the turnaround plan, the superintendent may, after considering the recommendations of the group of stakeholders:

              (i)  Expand, alter or replace the curriculum and program offerings of the school, including the implementation of research-based early literacy programs, early interventions for struggling readers and the teaching of advanced placement courses or other rigorous nationally or internationally recognized courses, if the school does not already have such programs or courses;

              (ii)  Reallocate the uses of the existing budget of the school;

              (iii)  Provide additional funds to the school from the budget of the district, if the school does not already receive funding from the district at least equal to the average per-pupil funding received for students of the same classification and grade level in the district;

              (iv)  Provide funds, subject to appropriation of the Legislature and following consultation with the Mississippi Association of Educators, to increase the salary of any administrator, or teacher in the school, to attract or retain highly-qualified administrators, or teachers or to reward administrators, or teachers who work in underperforming schools that achieve the annual goals set forth in the turnaround plan;

              (v)  Expand the school day or school year or both of the school;

              (vi)  For an elementary school, add pre-kindergarten and full-day kindergarten classes, if the school does not already have such classes;

              (vii)  Following consultation with the Mississippi Association of Educators, require the principal and all administrators, teachers and staff to reapply for their positions in the school, with full discretion vested in the district superintendent regarding his or her consideration of and decisions on rehiring based on the reapplications;

              (viii)  Limit, suspend or change one or more provisions of any contract or collective bargaining agreement, as the contract or agreement applies to the school; provided, that the district superintendent shall not reduce the compensation of an administrator, teacher or staff member unless the hours of the person are proportionately reduced;

              (ix)  Limit, suspend or change one or more school district policies or practices, as such policies or practices relate to the school;

              (x)  Include a provision of job-embedded professional development for teachers at the school, with an emphasis on strategies that involve teacher input and feedback;

              (xi)  Provide for increased opportunities for teacher planning time and collaboration focused on improving student instruction;

              (xii)  Establish a plan for professional development for administrators at the school, with an emphasis on strategies that develop leadership skills and use the principles of distributive leadership;

              (xiii)  Establish steps to assure a continuum of high-expertise teachers by aligning the following processes with a common core of professional knowledge and skill:

                   1.  Hiring;

                   2.  Induction;

                   3.  Teacher evaluations;

                   4.  Professional development;

                   5.  Teacher advancement;

                   6.  School culture; and

                   7.  Organizational structure.

              (xiv)  Develop a strategy to search for and study best practices in areas of demonstrated deficiency in the school;

              (xv)  Establish strategies to address mobility and transiency among the student population of the school; and

              (xvi)  Include additional components based on the reasons why the school was designated as underperforming and the recommendations of the group of stakeholders.

     (28)  (a)  Within thirty (30) days of the local stakeholder group making recommendations, the superintendent shall submit a turnaround plan to the local stakeholder group, the school committee and the district superintendent, all of whom may propose modifications to the plan. 

          (b)  The superintendent shall make such plan immediately available to the public upon the submission.  The stakeholder group shall submit any proposed modifications to the superintendent not more than thirty (30) days after the date of submission of the turnaround plan and the proposed modifications shall be made public immediately upon their submission to the superintendent.

          (c)  The superintendent shall consider and may incorporate the modifications into the plan if the superintendent determines that inclusion of the modifications would further promote the necessary rapid academic achievement of students at the school or may alter or reject the proposed modifications submitted under this subsection.  Within thirty (30) days of receiving any proposed modifications under this subsection, the superintendent shall issue a final turnaround plan for the school and the plan shall be made publicly available.

          (d)  Within thirty (30) days of the issuance of a final turnaround plan, a school board or the Mississippi Association of Educators may appeal to the superintendent regarding one or more components of the plan, including the absence of one or more modifications proposed by local stakeholder group.  The superintendent of the Department of Education may, in consultation with the relevant school district superintendent, modify the plan if the superintendent determines that:

              (i)  Such modifications would further promote the necessary rapid academic achievement of students in the applicable school;

              (ii)  A component of the plan was included, or a modification was excluded, on the basis of demonstrably false information or evidence; or

              (iii)  The superintendent failed to meet any the requirements of this section.

     The decision of the superintendent regarding an appeal under this subsection shall be made within thirty (30) days and shall be final.

     (29)  (a)  The Superintendent of the Department of Education may select an external receiver to operate the school and implement the turnaround plan or to assist the district superintendent with the implementation.  The superintendent may appoint the receiver if the superintendent determines that conditions exist in the district that are likely to negatively affect his or her ability to implement the plan successfully.  A school district may appeal to the Department of Education the decision of the superintendent to appoint an external receiver.  The superintendent may reverse such decision only if he or she determines that he or she made the decision on the basis of demonstrably false information or evidence. 

          (b)  A receiver shall be a nonprofit entity or an individual with a demonstrated record of success in improving low-performing schools or the academic performance of disadvantaged students. 

          (c)  An external receiver selected by the superintendent to operate a school shall have full managerial and operational control over the school as provided in the turnaround plan.  For all other purposes, the school district in which the school is located shall remain the employer of record.

          (d)  Each turnaround plan shall be authorized for a period of not more than three (3) years.  The district superintendent or external receiver, as applicable, may develop additional components of the turnaround plan and shall develop annual goals for each component of the plan.  The district superintendent or external receiver, as applicable, shall be responsible for meeting the goals of the plan.

     (30)  (a)  Each school designated by the superintendent as underperforming, shall be reviewed by the district's superintendent, in consultation with the principal of the school, at least annually.  The purpose of the review shall be to determine whether the school has met the annual goals in its turnaround plan and to assess the overall implementation of the turnaround plan.  The review shall be in writing and shall be submitted to the Superintendent of the Department of Education and the relevant school district not later than July 1 for the preceding school year.  The review shall be submitted in a format determined by the Department of Education.

          (b)  (i)  If the superintendent determines that the school has met the annual performance goals stated in the turnaround plan, the review shall be considered sufficient and the implementation of the turnaround plan shall continue. 

              (ii)  If the superintendent determines that the school has not met one or more goals in the turnaround plan and that the failure to meet the goals may be corrected through reasonable modification of the plan, the superintendent may amend the turnaround plan. 

              (iii)  If the superintendent determines that the school has substantially failed to meet one or more goals in the plan, the superintendent may appoint an examiner to conduct an evaluation of the school's implementation of the turnaround plan.  If the superintendent determines that the school has substantially failed to meet multiple goals in the plan, the superintendent may require changes to the turnaround plan to be implemented by the school in the following year, or the appointment of an external partner to advise and assist the school in implementing the plan the following year.  If an underperforming school is operated by an external receiver, the superintendent may require the school district to terminate the receiver and develop a new turnaround plan; provided, however, that the superintendent shall not terminate the receiver before the completion of the first full school year of the operation of the underperforming school.

     (31)  Upon the expiration of a turnaround plan, the Department of Education shall conduct a review of the school to determine whether the school has improved sufficiently, requires further improvement or has failed to improve.  On the basis of such review, the superintendent may determine that:

          (a)  The school has improved sufficiently for the designation of the school as underperforming to be removed;

          (b)  The school has improved, but the school remains underperforming, in which case the district superintendent may, with the approval of the Superintendent of the Department of Education, renew the plan or create a new or modified plan for an additional period of not more than three (3) years; or

          (c)  The school has made little or no improvement, and the school is chronically underperforming.  The superintendent may recommend the appointment of an external receiver by the school district, if the superintendent believes that a new or modified turnaround plan implemented will not result in necessary rapid improvement.  In carrying out this subsection, the superintendent shall:

              (i)  In the case of a renewal of a turnaround plan, determine subsequent annual goals for each component of the plan with the input of the local stakeholder group; or

              (ii)  Create a new or modified turnaround plan as necessary, consistent with the requirements of this section.

          (d)  Upon the designation of a school as a chronically underperforming school in accordance with the regulations developed under this section, the superintendent shall create a new turnaround plan for the school.

          (e)  Before creating the new turnaround plan required in this section, the superintendent shall follow all of the policies and procedures outlined in subsections (27) through (30) of this section.

          (f)  Upon the expiration of the new turnaround plan for a chronically underperforming school, the superintendent shall conduct a review of the school to determine whether the school has improved sufficiently, requires further improvement or has failed to improve.  On the basis of such review, the superintendent may:               (i)  On the basis of a district superintendent's or external receiver's success in meeting the terms of the plan, renew the plan with the district superintendent or external receiver for an additional period of not more than three (3) years;

              (ii)  If a school that is operated by a district superintendent and remains chronically underperforming, appoint an external receiver, to operate the school;

              (iii)  If a chronically underperforming school that is operated by an external receiver and remains chronically underperforming, transfer the operation of the school from the receiver to the applicable district superintendent or to another external receiver; or

              (iv)  Determine that the school has improved sufficiently for the designation of chronically underperforming to be removed. 

          (g)  The superintendent shall:

              (i)  In the case of a renewal of a turnaround plan, jointly determine subsequent annual goals for each component of the plan with the district superintendent or external receiver, as applicable; or

              (ii)  Create a new or modified turnaround plan as necessary, consistent with the requirements of this section.

     (32)  Notwithstanding any general or special law to the contrary, any underperforming or chronically underperforming school operating a program for English learners shall establish an English learner parent-teacher association.

     (33)  (a)  The Department of Education shall adopt regulations regarding:

              (i)  The conditions under which an underperforming or chronically underperforming school shall no longer be designated as an underperforming or chronically underperforming school; and      

              (ii)  The transfer of the operation of an underperforming or a chronically underperforming school from a district superintendent or an external receiver, as applicable, to the school board.

          (b)  The regulations shall include provisions to allow a school to retain measures adopted in an turnaround plan or new turnaround plan for a transitional period if, in the judgment of the district superintendent, the measures would contribute to the continued improvement of the school. 

          (c)  Such regulations shall also include provisions that clearly identify the conditions under which such a transitional period shall end and the powers granted to the district superintendent and school board under this section shall cease to apply to a district previously designated as chronically underperforming.

     (34)  The Superintendent of the Department of Education shall report annually to a joint hearing hosted by the House of Representatives and Senate Education Committees.  The annual report shall also be provided to the relevant House of Representatives Appropriation Committee Chairman, the Senate Appropriations Committee Chairman, the Speaker of the House of Representatives and the Lieutenant Governor on the implementation and fiscal impact of the requirements, policies and procedures required by this section.  The report shall include, but not be limited to, a list of all schools currently designated as underperforming or chronically underperforming, a list of all districts currently designated as chronically underperforming, the plans and timetable for returning the schools and districts to the local school committee and strategies used in each of the schools and districts to maximize the rapid academic achievement of students.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2026.


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