reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Charter Schools Act of 2013."
Added by Laws, 2013, ch. 497, HB 369, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-3 - Legislative findings and declarations

(1)
The Legislature finds and declares that the general purposes of the state's charter schools are as follows:
(a)
To improve student learning by creating high-quality schools with high standards for student performance;
(b)
To close achievement gaps between high-performing and low-performing groups of public school students;
(c)
To increase high-quality educational opportunities within the public education system for all students, especially those with a likelihood of academic failure;
(d)
To create new professional opportunities for teachers, school administrators and other school personnel which allow them to have a direct voice in the operation of their schools;
(e)
To encourage the use of different, high-quality models of teaching, governing, scheduling and other aspects of schooling which meet a variety of student needs;
(f)
To allow public schools freedom and flexibility in exchange for exceptional levels of results driven accountability;
(g)
To provide students, parents, community members and local entities with expanded opportunities for involvement in the public education system; and
(h)
To encourage the replication of successful charter schools.
(2)
All charter schools in the state established under this chapter are public schools and are part of the state's public education system.
(3)
No provision of this chapter may be interpreted to allow the conversion of private schools into charter schools.
Added by Laws, 2013, ch. 497, HB 369, 2, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-5 - Definitions

As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a)
"Applicant" means any person or group that develops and submits an application for a charter school to the authorizer.
(b)
"Application" means a proposal from an applicant to the authorizer to enter into a charter contract whereby the proposed school obtains charter school status.
(c)
"Authorizer" means the Mississippi Charter School Authorizer Board established under Section
37-28-7
to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke charter contracts.
(d)
"Charter contract" means a fixed-term, renewable contract between a charter school and the authorizer which outlines the roles, powers, responsibilities and performance expectations for each party to the contract.
(e)
"Charter school" means a public school that is established and operating under the terms of charter contract between the school's governing board and the authorizer. The term "charter school" includes a conversion charter school and start-up charter school.
(f)
"Conversion charter school" means a charter school that existed as a noncharter public school before becoming a charter school.
(g)
"Education service provider" means a charter management organization, school design provider or any other partner entity with which a charter school intends to contract for educational design, implementation or comprehensive management.
(h)
"Governing board" means the independent board of a charter school which is party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the school's application.
(i)
"Noncharter public school" means a public school that is under the direct management, governance and control of a school board or the state.
(j)
"Parent" means a parent, guardian or other person or entity having legal custody of a child.
(k)
"School board" means a school board exercising management and control over a local school district and the schools of that district pursuant to the State Constitution and state statutes.
(l)
"School district" means a governmental entity that establishes and supervises one or more public schools within its geographical limits pursuant to state statutes.
(m)
"Start-up charter school" means a charter school that did not exist as a noncharter public school before becoming a charter school.
(n)
"Student" means any child who is eligible for attendance in a public school in the state.
(o)
"Underserved students" means students qualifying as low-income or qualifying for a special education program under Section
37-151-201
.
Amended by Laws, 2024, ch. 484, HB 4130,§ 67, eff. 7/1/2024.
Added by Laws, 2013, ch. 497, HB 369, 3, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-9 - Powers and duties of Authorizer Board; immunity from civil liability

(1)
The authorizer is responsible for exercising, in accordance with this chapter, the following powers and duties:
(a)
Developing chartering policies and maintaining practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including:
(i)
Organizational capacity and infrastructure;
(ii)
Solicitation and evaluation of charter applications;
(iii)
Performance contracting;
(iv)
Ongoing charter school oversight and evaluation; and
(v)
Charter renewal decision-making;
(b)
Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(c)
Declining to approve weak or inadequate charter applications;
(d)
Negotiating and executing charter contracts with approved charter schools;
(e)
Monitoring, in accordance with charter contract terms, the performance and legal compliance of charter schools;
(f)
Determining whether each charter contract merits renewal, nonrenewal or revocation; and
(g)
Applying for any federal funds that may be available for the implementation of charter school programs.
(2)
The authorizer shall carry out all its duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this chapter.
(3)
The authorizer may delegate its duties to the executive director and general counsel.
(4)
Regulation by the authorizer shall be limited to those powers and duties prescribed in this section and all others prescribed by law, consistent with the spirit and intent of this chapter.
(5)
Except in the case of gross negligence or reckless disregard of the safety and well-being of another person, the authorizer, members of the authorizer board in their official capacity, and employees of the authorizer in their official capacity are immune from civil liability with respect to all activities related to a charter school approved by the authorizer.
Added by Laws, 2013, ch. 497, HB 369, 5, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-11 - Funding for the Authorizer Board

(1)
To cover the costs of overseeing charter schools in accordance with this chapter, the authorizer shall receive three percent (3%) of annual per-pupil allocations received by a charter school from state and local funds for each charter school it authorizes.
(2)
The authorizer may receive appropriate gifts, grants and donations of any kind from any public or private entity to carry out the purposes of this chapter, subject to all lawful terms and conditions under which the gifts, grants or donations are given.
(3)
The authorizer may expend its resources, seek grant funds and establish partnerships to support its charter school authorizing activities.
Added by Laws, 2013, ch. 497, HB 369, 6, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-13 - Technical information and assistance from Department of Education; publication of laws and regulations applicable to charter schools

(1)
Upon request, the State Department of Education shall assist the Mississippi Charter School Authorizer Board with implementing the authorizer's decisions by providing such technical assistance and information as may be necessary for the implementation of this chapter.
(2)
Before July 1 of each year, the authorizer shall publish a pamphlet, which may be in electronic form, containing:
(a)
All statutes in Title 37, Mississippi Code of 1972, which are applicable to the charter schools;
(b)
Any rules, regulations and policies adopted by the State Superintendent of Public Education, the State Board of Education or the State Department of Education with which charter schools must comply by virtue of the applicability to charter schools, as well as other public schools, of the state law to which those relevant rules, regulations and policies pertain; and
(c)
Any other state and federal laws and matters that are relevant to the establishment and operation of charter schools in the State of Mississippi.
The Mississippi Charter School Authorizer Board shall make the pamphlet available to the public on the board's website and shall notify all prospective applicants of the pamphlet.
Added by Laws, 2013, ch. 497, HB 369, 7, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-17 - Purposes of charter application; approved charter application not to serve as charter contract

(1)
The following are the purposes of a charter application:
(a)
To present the proposed charter school's academic and operational vision and plans;
(b)
To demonstrate the applicant's capacities to execute the proposed vision and plans; and
(c)
To provide the authorizer a clear basis for assessing the applicant's plans and capacities.
(2)
An approved charter application may not serve as the school's charter contract.
Added by Laws, 2013, ch. 497, HB 369, 9, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-19 - Standards for authorizing charter school; review process

(1)
In reviewing and evaluating charter applications, the authorizer shall employ procedures, practices and criteria consistent with nationally recognized principles and standards for quality charter authorizing. The application review process must include thorough evaluation of each written charter application and in-person interview with the applicant group.
(2)
In deciding whether to approve charter applications, the authorizer must:
(a)
Grant charters only to applicants that have provided evidence of competence in each element of the authorizer's published approval criteria, and in the case of an applicant that currently operates one or more schools in any state or nation, clear evidence that the management or leadership team of the charter school or schools currently operated by the applicant has produced statistically significant gains in student achievement or consistently produced proficiency levels as measured on state achievement test;
(b)
Base decisions on documented evidence collected through the application review process; and
(c)
Follow charter-granting policies and practices that are transparent, based on merit and avoid conflicts of interest or any appearance thereof.
(3)
Before the expiration of one hundred eighty (180) days after the filing of a charter application, the authorizer must approve or deny the charter application; however, an application submitted by a public historically black college or university (HBCU), in partnership with a national nonprofit public HBCU support organization, for a charter school to be operated on or near the campus of the HBCU must be considered for expedited approval by the authorizer. The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting of the authorizer board.
(4)
An approval decision may include, if appropriate, reasonable conditions that the charter applicant must meet before a charter contract may be executed pursuant to Section
37-28-21
.
(5)
For a charter denial, the authorizer shall state clearly, for public record, its reasons for denial. A denied applicant may reapply subsequently with the authorizer.
(6)
Before the expiration of ten (10) days after taking action to approve or deny a charter application, the authorizer shall provide a report to the applicant. The report must include a copy of the authorizer's resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the procedural requirements and application elements set forth in this chapter.
Added by Laws, 2013, ch. 497, HB 369, 10, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-21 - Initial charter term; charter contract

(1)
The authorizer shall grant an initial charter to each qualified applicant for a term of five (5) operating years. The term of the charter shall commence on the charter school's first day of operation. An approved charter school may delay its opening for one (1) school year in order to plan and prepare for the school's opening. If the school requires an opening delay of more than one (1) school year, the school must request an extension from the authorizer. The authorizer may grant or deny the extension depending on the particular school's circumstances.
(2)
(a)
The authorizer and the governing board of the approved charter school shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the charter school will be judged and the administrative relationship between the authorizer and charter school, including each party's rights and duties. The performance expectations and measures set forth in the charter contract must include, but need not be limited to, applicable federal and state accountability requirements. The performance provisions may be refined or amended by mutual agreement after the charter school is operating and has collected baseline achievement data for its enrolled students.
(b)
The charter contract must be signed by the chairman of the authorizer board and the president of the charter school's governing board.
(c)
A charter school may not commence operations without a charter contract executed in accordance with this section and approved in an open meeting of the authorizer board.
(3)
The authorizer may establish reasonable preopening requirements or conditions to monitor the start-up progress of a newly approved charter school and to ensure that the school is prepared to open smoothly on the date agreed and that the school meets all building, health, safety, insurance and other legal requirements before the school's opening.
Added by Laws, 2013, ch. 497, HB 369, 11, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-25 - Charter school credits to be accepted by another public school upon transfer of student from charter school to public school

If a student previously enrolled in a charter school enrolls in another public school in this state, the student's new school must accept credits earned by the student in courses or instructional programs at the charter school in a uniform and consistent manner and according to the same criteria that are used to accept academic credits from other public schools.
Added by Laws, 2013, ch. 497, HB 369, 13, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-27 - School districts required to provide information about charter schools as enrollment option

A school district must provide or publicize to parents and the general public information about charter schools as an enrollment option within the district to the same extent and through the same means that the district provides and publicizes information about noncharter public schools in the district.
Added by Laws, 2013, ch. 497, HB 369, 14, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-29 - Charter contract to include performance framework; performance standards used to guide authorizer's charter school evaluations; annual performance targets

(1)
The performance provisions within a charter contract must be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures and metrics that will guide the authorizer's evaluations of the charter school. The performance framework must include indicators, measures and metrics, at a minimum, for the following:
(a)
Student academic proficiency;
(b)
Student academic growth;
(c)
Achievement gaps in both proficiency and growth between major student subgroups;
(d)
Attendance;
(e)
Recurrent enrollment from year to year;
(f)
In-school and out-of-school suspension rates and expulsion rates;
(g)
For charter high schools, postsecondary readiness, including the percentage of graduates submitting applications to postsecondary institutions, high school completion, postsecondary admission and postsecondary enrollment or employment;
(h)
Financial performance and sustainability; and
(i)
Board performance and stewardship, including compliance with all applicable laws, regulations and terms of the charter contract.
(2)
The charter contract of each charter school serving Grades 9-12 must include a provision ensuring that graduation requirements meet or exceed those set by the Mississippi Department of Education for a regular high school diploma. Nothing in this section shall preclude competency-based satisfaction of graduation requirements.
(3)
Annual performance targets must be set by each charter school in conjunction with the authorizer and must be designed to help each school meet applicable federal, state and authorizer expectations.
(4)
The performance framework must allow the inclusion of additional rigorous, valid and reliable indicators proposed by a charter school to augment external evaluations of its performance; however, the authorizer must approve the quality and rigor of any indicators proposed by a charter school, which indicators must be consistent with the purposes of this chapter.
(5)
The performance framework must require the disaggregation of all student performance data by major student subgroups (gender, race, poverty status, special education status, English learner status and gifted status).
(6)
The authorizer shall collect, analyze and report all data from state assessments in accordance with the performance framework for each charter school. Multiple schools overseen by a single governing board must report their performance as separate, individual schools, and each school must be held independently accountable for its performance.
(7)
Information needed by the authorizer from the charter school governing board for the authorizer's reports must be required and included as a material part of the charter contract.
Amended by Laws, 2016, ch. 420, SB 2161, 3, eff. 7/1/2016.
Added by Laws, 2013, ch. 497, HB 369, 15, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-31 - Annual review of charter school performance and legal compliance; performance report; charter schools to be given opportunity to remedy problems

(1)
The authorizer shall monitor annually the performance and legal compliance of each charter school it oversees, including collecting and analyzing data to support the school's evaluation according to the charter contract. The authorizer may conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter, adhere to the terms of the charter contract and do not unduly inhibit the autonomy granted to charter schools.
(2)
As part of its annual report to the Legislature, the authorizer shall publish and provide a performance report for each charter school it oversees in accordance with the performance framework set forth in the charter contract. The report must be made available to the public at the same time as it is submitted to the Legislature. The authorizer may require each charter school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school, consistent with the performance framework.
(3)
If a charter school's performance or legal compliance is unsatisfactory, the authorizer shall notify promptly the charter school of the problem and provide reasonable opportunity for the school to remedy the problem unless the problem warrants revocation, in which case the revocation timeframes will apply.
(4)
The authorizer may take appropriate corrective actions or exercise sanctions in response to apparent deficiencies in a charter school's performance or legal compliance. If warranted, the actions or sanctions may include requiring a charter school to develop and execute a corrective action plan within a specified timeframe.
Added by Laws, 2013, ch. 497, HB 369, 16, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-35 - Closure of charter; charter school closure protocol; disposition of unspent funds and assets

(1)
Before implementing a charter school closure decision, the authorizer must develop a charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property and assets in accordance with the requirements of this chapter. The protocol must specify tasks, timelines and responsible parties, including delineating the respective duties of the school and the authorizer. If a charter school is to be closed for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.
(2)
If a charter school closes, all unspent government funds, unspent earnings from those funds and assets purchased with government funds must revert to the local school district in which the charter school is located. Unless otherwise provided for in the charter or a debt instrument, unspent funds from nongovernmental sources, unspent earnings from those funds, assets purchased with those funds and debts of the school must revert to the nonprofit entity created to operate the school and may be disposed of according to applicable laws for nonprofit corporations.
Added by Laws, 2013, ch. 497, HB 369, 18, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-37 - Annual report on status of charter schools to governor and legislature

(1)
Before October 1 of each year, beginning in the year that the state has had at least one (1) charter school operating for a full school year, the Mississippi Charter School Authorizer Board shall issue to the Governor, Legislature, State Board of Education and the public an annual report on the state's charter schools for the preceding school year. The report must include a comparison of the performance of charter school students with the performance of academically, ethnically and economically comparable groups of students in the school district in which a charter school is located. In addition, the report must include the authorizer's assessment of the successes, challenges and areas for improvement in meeting the purposes of this chapter. The report also must include an assessment on whether the number and size of operating charter schools are sufficient to meet demand, as calculated according to admissions data and the number of students denied enrollment based on lottery results. The report due from the authorizer under this section must be coordinated with reports due from charter school governing boards, as near as possible, to decrease or eliminate duplication.
(2)
The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall prepare an annual report assessing the sufficiency of funding for charter schools, the efficacy of the state formula for authorizer funding, and any suggested changes in state law or policy necessary to strengthen the state's charter schools.
Added by Laws, 2013, ch. 497, HB 369, 19, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-39 - Charter school and certain service providers to be nonprofit education organization; charter school to function as local educational agency

(1)
Notwithstanding any provision of law to the contrary, to the extent that any provision of this chapter is inconsistent with any other state or local law, rule or regulation, the provisions of this chapter govern and are controlling.
(2)
A charter school and any education service provider which provides comprehensive management for a charter school must be a nonprofit education organization.
(3)
A charter school is subject to all federal laws and authorities specified in this chapter or agreed upon with the authorizer in the charter contract, where such contracting is consistent with applicable laws, rules and regulations.
(4)
To the extent approved by the authorizer, a charter contract may consist of one or more schools. Each charter school that is part of a charter contract must be separate and distinct from any other charter school.
(5)
A single governing board may hold one or more charter contracts.
(6)
A charter school must function as a local educational agency, and as such, a charter school is responsible for meeting the requirements of local educational agencies under applicable federal laws, including those relating to special education, receipt of funds and compliance with funding requirements. Status as a local educational agency, however, does not preclude a charter school from developing, by mutual agreement or formal contract, links with the local school district for services, resources and programs.
Added by Laws, 2013, ch. 497, HB 369, 20, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-41 - Charter school powers

A charter school may exercise those powers necessary for carrying out the terms of its charter contract, including the following powers:
(a)
To receive and disburse funds authorized by law for school purposes;
(b)
To secure appropriate insurance and to enter into contracts and leases;
(c)
To contract with an education service provider for the management and operation of the charter school so long as the school's governing board retains oversight authority over the school;
(d)
To solicit and accept any gifts or grants for school purposes subject to applicable laws and the terms of its charter contract;
(e)
To acquire real property for use as its facility or facilities, from public or private sources; and
(f)
To sue and be sued in its own name.
Added by Laws, 2013, ch. 497, HB 369, 21, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-43 - Prohibition against discrimination; prohibition against charging tuition; transportation plan; virtual courses

(1)
A charter school may not discriminate against any person on the basis of race, creed, color, sex, disability, national origin or any other category that would be unlawful if done by a noncharter public school.
(2)
A charter school may not engage in any sectarian practices in its educational program, admissions or employment policies or operations.
(3)
A charter school may not discriminate against any student on the basis of national origin, minority status or limited proficiency in English. Consistent with federal civil rights laws, charter schools must provide limited English proficient students with appropriate services designed to teach them English and the general curriculum.
(4)
A charter school may not charge tuition.
(5)
The terms of each charter school must include a transportation plan for students attending the charter school.
(6)
Subject to the approval of the authorizer, a charter school may contract with an accredited online course provider for the delivery of virtual courses to students enrolled in the charter school.
(7)
Except to the extent authorized under paragraph (c) of Section
37-28-41
, the powers, obligations and responsibilities set forth in the charter contract may not be delegated or assigned by either party.
Added by Laws, 2013, ch. 497, HB 369, 22, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-47 - Qualifications of charter school employees; applicability of Education Employment Procedures Law

(1)
(a)
Charter schools must comply with applicable federal laws, rules and regulations regarding the qualification of teachers and other instructional staff. No more than twenty-five percent (25%) of teachers in a charter school may be exempt from state teacher licensure requirements. Administrators of charter schools are exempt from state administrator licensure requirements. However, teachers and administrators must have a bachelor's degree as a minimum requirement, and teachers must have demonstrated subject-matter competency. Within three (3) years of a teacher's employment by a charter school, the teacher must have, at a minimum, alternative licensure approved by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.
(b)
A charter school may not staff positions for teachers, administrators, ancillary support personnel or other employees by utilizing or otherwise relying on nonimmigrant foreign worker visa programs. However, a charter school may submit a request to the authorizer for an exception allowing the employment of a nonimmigrant foreign worker before the worker is employed. The authorizer may grant permission for the employment of the nonimmigrant foreign worker only if the charter school makes a satisfactory showing of efforts to recruit lawful permanent residents of the United States to fill the position and a lack of qualified applicants to fill the position.
(2)
Employees in charter schools must have the same general rights and privileges as other public school employees, except such employees are not:
(a)
Covered under the Education Employment Procedures Law (Section
37-9-103
); and
(b)
Subject to the state salary requirements prescribed in Section
37-19-7
.
(3)
For the purpose of eligibility for participation in the Public Employees' Retirement System, a public charter school is considered to be a political subdivision of the state. Employees in public charter schools are eligible for participation in other benefits programs if the public charter school governing board chooses to participate.
Amended by Laws, 2016, ch. 420, SB 2161, 4, eff. 7/1/2016.
Added by Laws, 2013, ch. 497, HB 369, 24, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-51 - Charter schools eligible to participate in state- or district-sponsored athletic and academic interscholastic activities

A charter school is eligible to participate in state-sponsored or district-sponsored athletic and academic interscholastic leagues, competitions, awards, scholarships and recognition programs for students, educators, administrators and schools to the same extent as noncharter public schools.
Added by Laws, 2013, ch. 497, HB 369, 26, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-53 - Charter schools required to certify enrollment, average daily attendance and certain additional information on annual basis

(1)
Each charter school shall certify annually to the State Department of Education its student enrollment, net enrollment and student participation in federal programs .
(2)
Each charter school shall certify annually to the school board of the school district in which the charter school is located the number of enrolled charter school students residing in the school district.
Amended by Laws, 2024, ch. 484, HB 4130,§ 68, eff. 7/1/2024.
Added by Laws, 2013, ch. 497, HB 369, 27, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-57 - Annual financial audit

(1)
A charter school must adhere to generally accepted accounting principles.
(2)
A charter school shall have its financial records audited annually, at the end of each fiscal year, either by the State Auditor or by a certified public accountant approved by the State Auditor. However, a certified public accountant may not be selected to perform the annual audit of a charter school if that accountant previously has audited the charter school for more than three (3) consecutive years. Certified public accountants must be selected in a manner determined by the State Auditor. The charter school shall file a copy of each audit report and accompanying management letter with the authorizer before October 1.
Amended by Laws, 2016, ch. 420, SB 2161, 6, eff. 7/1/2016.
Added by Laws, 2013, ch. 497, HB 369, 29, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-59 - Monies remaining in charter school's accounts at end of budget year to be used during subsequent budget years; authorization to accept gifts, grants, etc.; disclosure of funds from private and foreign sources

(1)
Any monies received by a charter school from any source remaining in the charter school's accounts at the end of a budget year must remain in the charter school's accounts for use by the charter school during subsequent budget years.
(2)
Nothing in this chapter may be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of a charter school. The governing board of a charter school may accept gifts, donations and grants of any kind made to the charter school and may expend or use such gifts, donations and grants in accordance with the conditions prescribed by the donor; however, a gift, donation or grant may not be accepted if it is subject to a condition that is contrary to any provision of law or term of the charter contract.
(3)
A charter school must disclose publicly all sources of private funding and all funds received from foreign sources, including gifts from foreign governments, foreign legal entities and domestic entities affiliated with either foreign governments or foreign legal entities. For the purposes of this subsection, the term "foreign" means a country or jurisdiction outside of any state or territory of the United States.
Added by Laws, 2013, ch. 497, HB 369, 30, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-61 - Right of first refusal to purchase vacant public school facilities; public entities authorized to provide space to charters in their facilities under preexisting zoning and land use designations

(1)
A charter school has a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or unused portions of a public school facility or property in the school district in which the charter school is located if the school district decides to sell or lease the public school facility or property. If a conversion charter school application is successful, the local school district owning the conversion charter school's facility must offer to lease or sell the building to the conversion charter school at or below fair market value.
(2)
A charter school may negotiate and contract at or below fair market value with a school district, state institution of higher learning, public community or junior college, or any other public or for-profit or nonprofit private entity for the use of a facility for a school building.
(3)
Public entities, including, but not limited to, libraries, community service organizations, museums, performing arts venues, theatres, cinemas, churches, community and junior colleges, colleges and universities, may provide space to charter schools within their facilities under their preexisting zoning and land use designations.
Amended by Laws, 2016, ch. 420, SB 2161, 7, eff. 7/1/2016.
Added by Laws, 2013, ch. 497, HB 369, 31, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013 (§§ 37-28-1 — 37-28-63) › Section 37-28-63 - [Repealed]

Repealed by Laws, 2016, ch. 420, SB 2161, 11, eff. 7/1/2016.
Added by Laws, 2013, ch. 497, HB 369, 93, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 29 - JUNIOR COLLEGES (§§ 37-29-1 — 37-29-613) › IN GENERAL (§§ 37-29-1 — 37-29-5) › Section 37-29-1 - Creation, establishment, maintenance and operation of community colleges authorized; types of instruction to be offered; early admission program

(1)
The creation, establishment, maintenance and operation of community colleges is authorized. Community colleges may admit students if they have earned one (1) unit less than the number of units required for high school graduation established by State Board of Education policy or have earned a High School Equivalency Diploma in courses correlated to those of senior colleges or professional schools. Subject to the provisions of Section
75-76-34
, they shall offer, without limitation, education and training preparatory for occupations such as agriculture, industry of all kinds, business, homemaking and for other occupations on the semiprofessional and vocational-technical level. They may offer courses and services to students regardless of their previous educational attainment or further academic plans.
(2)
The boards of trustees of the community college districts are authorized to establish an early admission program under which applicants having a minimum ACT composite score of twenty-six (26) or the equivalent SAT score may be admitted as full-time college students if the principal or guidance counselor of the student recommends in writing that it is in the best educational interest of the student. Such recommendation shall also state that the student's age will not keep him from being a successful full-time college student. Students admitted in the early admission program shall not be counted for total funding formula purposes in the net enrollment of the school district in which they reside, and transportation required by a student to participate in the early admission program shall be the responsibility of the parents or legal guardians of the student. Grades and college credits earned by students admitted to the early admission program shall be recorded on the college transcript at the community college where the student attends classes, and may be released to another institution or used for college graduation requirements only after the student has successfully completed one (1) full semester of course work.
(3)
The community colleges shall provide, through courses or other acceptable educational measures, the general education necessary to individuals and groups which will tend to make them capable of living satisfactory lives consistent with the ideals of a democratic society.
Codes, 1942, § 6475-01; Laws, 1950, ch. 369, § 1; Laws, 1987, ch. 320; Laws, 1996, ch. 327, § 1; Laws, 1998, ch. 398, § 1; Laws, 1998, ch. 578, § 1; Laws, 2002, ch. 361, § 1; Laws, 2011, ch. 511, § 3, eff. 4/26/2011.
Amended by Laws, 2024, ch. 484, HB 4130,§ 70, eff. 7/1/2024.
Amended by Laws, 2014, ch. 398, HB 426, 4, eff. 7/1/2014.
Amended by Laws, 2013, ch. 327, SB 2499, 4, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 29 - JUNIOR COLLEGES (§§ 37-29-1 — 37-29-613) › IN GENERAL (§§ 37-29-1 — 37-29-5) › Section 37-29-3 - Official seal

Each junior college shall have an official seal to be impressed upon all instruments of the junior college requiring seal. Said seal may be in the form of a circle. Said seal shall imprint the name and location of the college and the words "Official Seal."
Codes, 1942, § 6475-17; Laws, 1950, ch. 369, § 17.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 29 - JUNIOR COLLEGES (§§ 37-29-1 — 37-29-613) › IN GENERAL (§§ 37-29-1 — 37-29-5) › Section 37-29-5 - Title to lands; buildings and improvements

Title to lands may be acquired and buildings and other improvements may be erected thereon for the use and benefit of junior colleges. Title to all such property hereafter acquired shall be vested in the board of trustees and the trustees' successors in office.
Any board of supervisors or board of trustees of any municipal separate school district which presently holds title to the lands, buildings, and improvements of a junior college may convey title to same to the board of trustees and their successors in office of such junior college pursuant to a resolution of such board of supervisors or board of trustees of a municipal separate school district, duly adopted and spread on the minutes of said board of supervisors.
Codes, 1942, § 6475-08; Laws, 1950, ch. 369, § 8.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 29 - JUNIOR COLLEGES (§§ 37-29-1 — 37-29-613) › JUNIOR COLLEGE COMMISSION [Repealed] (§ 37-29-11) › Section 37-29-11 - through 37-29-17 - [Repealed]

Repealed by 1986, ch. 434, § 17, eff. 7/1/1986 (became law on 4/4/1986, without Governor's signature).
§§ 37-29-11 through 37-29-15. [Codes, 1942, §§ 6475-21 to 6475-23; Laws, 1962, ch. 352, §§ 1-3] § 37-29-17. [Codes, 1942, §§ 6475-03, 6475-24; Laws, 1950, ch. 369, § 3; 1962, ch. 352, § 4]
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 29 - JUNIOR COLLEGES (§§ 37-29-1 — 37-29-613) › JUNIOR COLLEGE DISTRICTS (§§ 37-29-31 — 37-29-39) › Section 37-29-31 - Junior college districts created

There are hereby created the following junior college districts comprising the entire counties therein named and having boundaries coinciding with the external boundaries thereof, each of which shall be separate juristic entities and bodies politic and corporate:
(a)
East Central Junior College District shall be comprised of the counties of Leake, Neshoba, Newton, Scott and Winston.
(b)
East Mississippi Junior College District shall be comprised of the counties of Clay, Kemper, Lauderdale, Lowndes, Noxubee and Oktibbeha.
(c)
Hinds Junior College District shall be comprised of the counties of Hinds, Rankin, Warren and Claiborne.
(d)
Holmes Junior College District shall be comprised of the counties of Attala, Carroll, Choctaw, Grenada, Holmes, Madison, Montgomery, Webster and Yazoo.
(e)
Itawamba Junior College District shall be comprised of the counties of Chickasaw, Itawamba, Lee, Monroe and Pontotoc.
(f)
Jones County Junior College District shall be comprised of the counties of Clarke, Covington, Greene, Jasper, Jones, Perry, Smith and Wayne.
(g)
Mississippi Delta Junior College District shall be comprised of the counties of Bolivar, Humphreys, Issaquena, Leflore, Sharkey, Sunflower and Washington.
(h)
Northeast Junior College District shall be comprised of the counties of Alcorn, Prentiss, Tippah, Tishomingo and Union.
(i)
Northwest Junior College District shall be comprised of the counties of Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Quitman, Tallahatchie, Tate, Tunica and Yalobusha.
(j)
Pearl River Junior College District shall be comprised of the counties of Forrest, Hancock, Jefferson Davis, Lamar, Marion and Pearl River.
(k)
Southwest Junior College District shall be comprised of the counties of Amite, Pike, Walthall and Wilkinson.
Codes, 1942, § 6475-51; Laws, 1964, ch. 398, § 1; Laws, 1975, ch. 301, § 12; Laws, 1995, ch. 605, § 12, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 29 - JUNIOR COLLEGES (§§ 37-29-1 — 37-29-613) › JUNIOR COLLEGE DISTRICTS (§§ 37-29-31 — 37-29-39) › Section 37-29-33 - Property of existing institutions transferred to and vested in district trustees

Except as otherwise provided in Sections
37-29-1
through
37-29-273
, all of the property belonging to the board of trustees of any existing junior college and all of the property belonging to any or all of the counties cooperating, as of July 1, 1964, in the existing junior colleges or the agricultural high schools and junior colleges located at the existing campuses and utilized or held for the present or future use and benefit of such junior colleges and/or agricultural high schools and junior colleges, shall be and the same is hereby transferred to and vested in the boards of trustees of the junior college districts created in Section
37-29-31
.
Codes, 1942, § 6475-52; Laws, 1964, ch. 398, § 2, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 29 - JUNIOR COLLEGES (§§ 37-29-1 — 37-29-613) › JUNIOR COLLEGE DISTRICTS (§§ 37-29-31 — 37-29-39) › Section 37-29-35 - [Repealed]

Repealed by Laws, 1980, ch. 428, § 10, eff. 4/30/1980.
Codes, 1942, §§ 6475-12, 6475-65; Laws, 1950, ch. 369, § 12; 1964, ch. 398, § 15.