Mississippi House Bill 369 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on April 17 2013 - 100% progression
Action: 2013-04-17 - Approved by Governor
Text: Latest bill text (Enrolled) [HTML]

An Act To Be Known As The "mississippi Charter Schools Act Of 2013"; To Declare The Legislative Purposes Of Charter Schools; To Define Certain Terms And Phrases Used In The Act; To Create The Mississippi Charter School Authorizer Board As A State Agency Having Exclusive Chartering Jurisdiction; To Authorize The Board To Approve Charter Schools In Certain School Districts; To Prescribe The Board's Membership; To Provide For The Employment Of An Executive Director And General Counsel For The Board; To Prescribe The Board's Powers And Duties; To Provide For Funding For The Authorizer Board; To Require The State Department Of Education To Provide Technical Information And Assistance To The Authorizer; To Require The Authorizer To Annually Publish A Pamphlet On The Laws And Regulations Applicable To Charter Schools; To Require The Authorizer To Annually Disseminate A Request For Proposals For Charter School Applications And To Prescribe The Required Components Of Charter Applications; To Declare The Purposes Of A Charter Application And To Prohibit A Charter Application From Serving As A Charter Contract; To Establish Standards For Authorizing Charter Schools Which Must Be Equal To Nationally Established Best Practices; To Prescribe The Process By Which The Authorizer Must Review And Make Decisions On Charter School Applications; To Establish An Initial Term Of Five Years For Charter Contracts And To Prescribe Certain Requirements For Executing Charter Contracts; To Establish Requirements Relating To The Enrollment Of Students In Charter Schools Residing In The Geographical Boundaries Of The School District In Which The Charter School Is Located And A Lottery Process For Selecting Students When Capacity Is Insufficient To Enroll All Students Desiring To Attend A Charter School; To Establish Certain Enrollment Preferences; To Require All Public Schools In The State To Accept Transfer Credits From Charter Schools; To Require School Districts To Publicize Information About Charter Schools To The Same Extent As Noncharter Public Schools; To Require Each Charter Contract To Include A Performance Framework Setting Forth The Academic And Operational Performance Standards That The Authorizer Will Use To Guide Its Evaluations Of The Charter School; To Require The Authorizer To Annually Monitor The Performance Of Charter Schools And To Assist The Charter School In Taking Corrective Action When Necessary; To Establish Processes For Renewing And Revoking Charter School Contracts; To Require The Authorizer To Develop A Charter School Closure Protocal For A Charter School That Is To Be Closed And To Provide For The Disbursement Of Unspent Funds And Assets; To Require The Authorizer Board To Annually Report To The Governor And Legislature On The Status Of Charter Schools Operating In The State; To Require A Charter School And Any Education Service Provider Which Provides Comprehensive Management For A Charter School To Be A Nonprofit Education Organization That Functions As A Local Educational Agency; To Prescribe Certain Powers Relating To The Fiscal And Operational Management Of A Charter School Which May Be Exercised By The School; To Prohibit Charter Schools From Engaging In Discrimination And From Charging Tuition; To Provide That Charter Schools Are Not Subject To Rules And Regulations Adopted By The State Board Of Education Or The School Board Of The School District In Which The Charter School Is Located; To Enumerate Certain Statutes From Which Charter Schools Are Not Exempt; To Prescribe Certain Qualifications Of Employees Of Charter Schools; To Require At Least Seventy-five Percent Of Teachers In A Charter School To Be Licensed By The State When The Initial Charter Application Is Approved; To Exempt Administrators From State Licensure Requirements; To Prohibit Charter School Employees From Participating In The Public Employees' Retirement System; To Require Criminal Background Checks For Charter School Employees; To Authorize Charter Schools To Participate In State And District Sponsored Athletic And Academic Interscholastic Leagues And Competitions; To Require Charter Schools To Certify Average Daily Attendance And Qualify For State Adequate Education Program Allocations On A Per-pupil Basis; To Authorize Local Funding For Charter Schools; To Require The State Department Of Education To Make Adequate Education Program Payments To Charter Schools Based On The School's Average Daily Attendance; To Authorize Equal Transportation Funding Under The Adequate Education Program For Charter Schools; To Require Charter Schools To Undergo An Annual Financial Audit; To Provide That Funds Remaining In A Charter School's Accounts At The End Of A Year Must Remain In The School's Accounts For Use In Subsequent Years; To Authorize Charter Schools To Accept Gifts, Donations And Grants; To Grant Charter Schools The Right Of First Refusal To Vacant School Facilities And Property And To Authorize The Use Of Public Space For Charter School Operations Under Preexisting Zoning Regulations; To Amend Section 11-46-1, Mississippi Code Of 1972, To Revise The Definition Of The Terms "employee" And "political Subdivision," As Those Terms Are Used Under The Tort Claims Act, To Extend Coverage For Torts To Charter Schools; To Amend Section 25-41-3, Mississippi Code Of 1972, To Include The Governing Board Of A Charter School In The Definition Of The Term "public Body" As Used Under The Open Meetings Laws; To Amend Section 25-61-3, Mississippi Code Of 1972, To Include The Governing Board Of A Charter School In The Definition Of The Term "public Body" As Used Under The Public Records Act; To Amend Section 31-7-1, Mississippi Code Of 1972, To Revise The Definition Of The Terms "agency" And "governing Authority," As Those Terms Are Used In The Public Purchasing Laws, To Exempt Charter Schools From Requirements Relating To Public Purchases; To Amend Section 37-1-3, Mississippi Code Of 1972, To Clarify That Charter Schools Are Not Bound To The Curriculum Adopted By The State Board Of Education For School Districts; To Amend Section 37-1-12, Mississippi Code Of 1972, To Exempt Charter Schools From Certain Annual Reporting Requirements Established By The State Board Of Education; To Amend Section 37-1-13, Mississippi Code Of 1972, To Clarify That Regulations Regarding Relocatable Classrooms Issued By The State Board Of Education Are Not Applicable To Charter Schools; To Amend Section 37-3-2, Mississippi Code Of 1972, To Clarify That The Limitations On The Employment Of Nonlicensed Teachers Which Are Applicable To School Districts Do Not Apply To Charter Schools; To Amend Section 37-3-4, Mississippi Code Of 1972, To Exempt Charter Schools From Continuing Education Requirements For School District Administrators And Principals; To Amend Section 37-3-5, Mississippi Code Of 1972, To Clarify That The General Duties Of The State Department Of Education Relate To Public School Districts; To Amend Section 37-3-11, Mississippi Code Of 1972, To Clarify That The Duty Of The State Superintendent Of Public Education To Recommend Rules Governing Public Education Relates To The Supervision Of Public School Districts; To Amend Section 37-3-46, Mississippi Code Of 1972, To Clarify That The Duty Of The State Department Of Education To Assist Certain Schools In Establishing A Program Of Educational Accountability Does Not Apply To Charter Schools; To Amend Section 37-3-49, Mississippi Code Of 1972, To Clarify That Requirements Relating To The Adoption Of Instructional Programs And Management Systems Do Not Apply To Charter Schools; To Amend Section 37-3-51, Mississippi Code Of 1972, To Require Notice To Be Given To The Mississippi Charter School Authorizer Board Of The Conviction Of Charter School Employees Of Certain Felonies And Sex Offenses; To Amend Section 37-3-53, Mississippi Code Of 1972, To Require The Mississippi Report Card To Include Data On Charter Schools; To Amend Section 37-3-61, Mississippi Code Of 1972, To Clarify That Charter Schools Are Not Required To Participate In The Alliance For Families Program; To Amend Section 37-3-105, Mississippi Code Of 1972, To Clarify That Charter School Teachers Are Exempt From In-service Training Requirements In Research-based Reading Methods; To Amend Section 37-5-61, Mississippi Code Of 1972, To Clarify That County Superintendents Of Education Have No Authority Over Charter Schools; To Amend Section 37-7-455, Mississippi Code Of 1972, To Provide That School District Property No Longer Needed For School Purposes May Be Disposed Of After The Charter Schools Located In The District Have Elected Not To Use Their Right Of First Refusal; To Amend Section 37-7-473, Mississippi Code Of 1972, To Clarify That School District Property May Be Sold Or Leased To Charter Schools; To Amend Section 37-9-1, Mississippi Code Of 1972, To Clarify That Certain Statutes Relating To School District Superintendents And Employees Are Not Applicable To Charter Schools Unless Specifically Provided Otherwise; To Amend Section 37-9-103, Mississippi Code Of 1972, To Provide That The Education Employment Procedures Law Does Not Apply To Charter School Teachers And Administrators; To Amend Section 37-11-1, Mississippi Code Of 1972, To Clarify That Charter Schools Are Exempt From Restrictions Regarding The Assignment Of Students To Particular Classrooms; To Amend Section 37-11-17, Mississippi Code Of 1972, To Exempt Charter School Students From Any Screening For Abnormal Spinal Curvature Which May Be Required In Schools By The State Board Of Education; To Bring Forward Section 37-11-25, Mississippi Code Of 1972, Which Creates A Misdemeanor For School Officials Having An Interest In The Proceeds Of Sales Or Rentals Of Property Used In Public Schools, For Purposes Of Possible Amendment; To Amend Section 37-11-57, Mississippi Code Of 1972, To Include Charter School Employees In The Provisions Granting Public School Personnel Immunity For Actions Relating To The Control And Discipline Of Students; To Amend Section 37-13-21, Mississippi Code Of 1972, To Clarify That Charter Schools Are Exempt From Participating In Health Education Programs Provided By The State Board Of Health And County Health Departments; To Amend Section 37-13-41, Mississippi Code Of 1972, To Exempt Charter Schools From Reporting Requirements Relating To The Type And Amount Of Work Performed In Each Grade; To Amend Section 37-13-91, Mississippi Code Of 1972, To Clarify That Charter School Students Must Comply With The Mississippi Compulsory School Attendance Law; To Amend Sections 37-15-1 And 37-15-3, Mississippi Code Of 1972, To Clarify That Charter Schools Must Maintain Permanent Student Records And Cumulative Folders In The Same Manner As Noncharter Public Schools; To Amend Section 37-15-6, Mississippi Code Of 1972, To Require Charter Schools To Submit Information Regarding Expulsions To The State Department Of Education For Inclusion In The Central Reporting System; To Amend Section 37-15-9, Mississippi Code Of 1972, To Clarify That Minimum Age Requirements For Kindergarten And First Grade Enrollment Are Applicable To Charter School Students; To Amend Sections 37-16-1 And 37-16-3, Mississippi Code Of 1972, To Clarify That Charter Schools Must Participate In The Statewide Assessment Testing Program; To Amend Section 37-17-1, Mississippi Code Of 1972, To Provide That A Charter School Authorized By The Mississippi Charter School Authorizer Board Must Be Granted Accreditation By The State Board Of Education Based Solely On The Charter School's Approval By The Authorizer; To Amend Section 37-17-6, Mississippi Code Of 1972, To Clarify That The Performance-based Accreditation System Created By The State Board Of Education Applies Only To Noncharter Public Schools; To Amend Section 37-18-1, Mississippi Code Of 1972, To Clarify That Charter Schools May Be Recognized For Improvement By The State Board Of Education Through The Superior-performing And Exemplary Schools Programs; To Amend Section 37-21-3, Mississippi Code Of 1972, To Exempt Charter School Employees From Certain Educational Qualifications Required Of Early Childhood Program Employees; To Amend Sections 37-41-1, 37-41-3 And 37-41-23, Mississippi Code Of 1972, To Clarify That The Requirements Relating To The Transportation Of Students And School Buses Are Not Applicable To Charter Schools; To Bring Forward Section 37-41-25, Mississippi Code Of 1972, Which Establishes Penalties For False Reports Relating To Student Transportation By School Officials, For Purposes Of Possible Amendment; To Amend Sections 37-41-31, 37-41-43, 37-41-45, 37-41-49 And 37-41-53, Mississippi Code Of 1972, In Conformity To The Preceding Provisions; To Bring Forward Section 37-41-57, Mississippi Code Of 1972, Which Requires The State Board Of Education To Adopt Regulations Governing The Design And Operation Of School Buses, For Purposes Of Possible Amendment; To Amend Section 37-43-1, Mississippi Code Of 1972, To Clarify That Charter Schools Are Not Participants In The State Textbook Program; To Bring Forward Section 37-43-39, Mississippi Code Of 1972, For Purposes Of Possible Amendment; To Amend Section 37-45-23, Mississippi Code Of 1972, To Clarify That Charter Schools Are Exempt From The Requirement Of Having The State Board Of Education Approve Plans For The Location And Construction Of School Buildings; To Amend Section 37-47-9, Mississippi Code Of 1972, To Clarify That Annual Grants By The State For The Construction Of School Facilities Are Payable To School Districts Only; To Amend Section 37-143-11, Mississippi Code Of 1972, To Authorize Recipients Of William F. Winter Teacher Scholarships To Discharge Their Teaching Obligations In Charter Schools; To Amend Section 37-143-12, Mississippi Code Of 1972, To Authorize Participants In The Speech-language Pathologists Loan Forgiveness Program To Discharge Their Loans By Rendering Service In A Charter School; To Amend Section 37-151-5, Mississippi Code Of 1972, To Define The Term "charter School" As Used Under The Adequate Education Program; To Amend Section 37-151-7, Mississippi Code Of 1972, To Conform The Adequate Education Program Funding Formula To The Allocation Of Funds To Charter Schools; To Amend Sections 37-151-101 And 37-151-103, Mississippi Code Of 1972, To Provide For The Distribution Of State Funds To Charter Schools At The Same Time And In The Same Manner Such Funds Are Paid To School Districts; To Amend Section 37-57-107, Mississippi Code Of 1972, To Require Each School District In Which A Charter School Is Located To Transfer To The Charter School Its Per Pupil Pro Rata Share Of Local Ad Valorem School District Maintenance Funds; To Repeal Sections 37-165-1 Through 37-165-27, Mississippi Code Of 1972, Which Are The Conversion Charter School Act Of 2010; To Provide For The Repeal Of The Mississippi Charter Schools Act Of 2013 On July 1, 2020; And For Related Purposes.

Mississippi Charter Schools Act of 2013; create.

Rep. John Moore [R]

Rep. Deborah Butler Dixon [D]

2013-04-03 - Senate - Senate Conference Report Adopted (Y: 34 N: 18 NV: 0 Abs: 0) [PASS]
2013-04-02 - House - House Conference Report Adopted (Y: 62 N: 56 NV: 1 Abs: 0) [PASS]
2013-03-13 - Senate - Senate Passed As Amended (Y: 30 N: 21 NV: 1 Abs: 0) [PASS]
2013-01-24 - House - House Passed As Amended (Y: 64 N: 56 NV: 1 Abs: 0) [PASS]

Date	Chamber	Action
2013-04-17		Approved by Governor
2013-04-11	House	Enrolled Bill Signed
2013-04-11	Senate	Enrolled Bill Signed
2013-04-03	Senate	Conference Report Adopted
2013-04-03	House	Motion to Reconsider Tabled
2013-04-02	House	Motion to Reconsider Entered (Evans (70th), Moore, Clarke)
2013-04-02	House	Conference Report Adopted
2013-04-01	Senate	Conference Report Filed
2013-04-01	House	Conference Report Filed
2013-03-25	Senate	Conferees Named Tollison,Burton,Simmons (13th)
2013-03-25	House	Conferees Named Moore,Busby,Mayo
2013-03-18	House	Decline to Concur/Invite Conf
2013-03-14	Senate	Returned For Concurrence
2013-03-13	Senate	Passed As Amended
2013-03-13	Senate	Amended
2013-02-28	Senate	Title Suff Do Pass As Amended
2013-02-11	Senate	Referred To Education
2013-01-25	House	Transmitted To Senate
2013-01-25	House	Motion to Reconsider Tabled
2013-01-24	House	Motion to Reconsider Entered (Baria, Moore, Clarke)
2013-01-24	House	Passed As Amended
2013-01-23	House	Amended
2013-01-23	House	Committee Substitute Adopted
2013-01-22	House	Read the Third Time
2013-01-22	House	Title Suff Do Pass Comm Sub
2013-01-21	House	Referred To Education

Type	Source
Summary	https://billstatus.ls.state.ms.us/2013/pdf/history/HB/HB0369.xml
Text	https://billstatus.ls.state.ms.us/documents/2013/html/HB/0300-0399/HB0369IN.htm
Text	https://billstatus.ls.state.ms.us/documents/2013/html/HB/0300-0399/HB0369CS.htm
Text	https://billstatus.ls.state.ms.us/documents/2013/html/HB/0300-0399/HB0369PS.htm
Text	https://billstatus.ls.state.ms.us/documents/2013/html/HB/0300-0399/HB0369SG.htm
Roll Call	https://billstatus.ls.state.ms.us/2013/pdf/votes/house/0170002.pdf
Roll Call	https://billstatus.ls.state.ms.us/2013/pdf/votes/senate/0650010.pdf
Roll Call	https://billstatus.ls.state.ms.us/2013/pdf/votes/house/0850006.pdf
Roll Call	https://billstatus.ls.state.ms.us/2013/pdf/votes/senate/0860006.pdf