Bill Text: MS SB2690 | 2024 | Regular Session | Engrossed
Bill Title: Charter schools; set certain school accreditation rating requirements for renewal of charter.
Spectrum: Bipartisan Bill
Status: (Failed) 2024-04-10 - Died On Calendar [SB2690 Detail]
Download: Mississippi-2024-SB2690-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Senator(s) DeBar
Senate Bill 2690
(As Passed the Senate)
AN ACT TO AMEND SECTION 37-28-11, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT ALLOWED THE AUTHORIZER TO RECEIVE 3% OF ANNUAL PER-PUPIL ALLOCATIONS FOR CHARTER SCHOOLS; TO PROVIDE THAT THE LEGISLATURE MAY FUND THE AUTHORIZER THROUGH SPECIFIC APPROPRIATION THEREOF; TO AMEND SECTION 37-28-55, MISSISSIPPI CODE OF 1972, TO REVISE THE CHARTER SCHOOL FUNDING FORMULA TO ENSURE SUCH CALCULATION IS BASED ON AVERAGE DAILY ATTENDANCE INSTEAD OF AVERAGE DAILY MEMBERSHIP; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-28-11, Mississippi Code of 1972, is amended as follows:
37-28-11. * * * ( * * *1) 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.
( * * *2) The authorizer may expend its
resources, seek grant funds and establish partnerships to support its charter
school authorizing activities.
(3) The Legislature may fund the authorizer through specific appropriation thereof.
SECTION 2. 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. The pro rata amount must be calculated by dividing the
local school district's months one (1) through nine (9) average daily * * * attendance 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 January 16 of the current fiscal year. If the local school
district does not pay the required amount to the charter school before January 16,
the State Department of Education shall reduce the local school district's January
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. The
pro rata amount must be calculated by dividing the local school district's months
one (1) through nine (9) average daily * * * attendance 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 January 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 (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.
(5) (a) The State Department of Education shall disburse state transportation funding to a charter school on the same basis and in the same manner as it is paid to school districts under the adequate education program.
(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 3. This act shall take effect and be in force from and after July 1, 2024.
