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 37-28-45 - Applicability of statutes, rules, regulations, policies, procedures, etc. that noncharter public schools are subject to; relation to other laws

(1)
Charter schools are subject to the same civil rights, health and safety requirements applicable to noncharter public schools in the state, except as otherwise specifically provided in this chapter.
(2)
Charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools in the state; however, this requirement does not preclude a charter school from establishing additional student assessment measures that go beyond state requirements if the authorizer approves those measures.
(3)
Although a charter school is geographically located within the boundaries of a particular school district and enrolls students who reside within the school district, the charter school may not be considered a school within that district under the purview of the school district's school board. The rules, regulations, policies and procedures established by the school board for the noncharter public schools that are in the school district in which the charter school is geographically located do not apply to the charter school unless otherwise required under the charter contract or any contract entered into between the charter school governing board and the local school board.
(4)
Whenever the provisions of Title 37, Mississippi Code of 1972, relating to the elementary and secondary education of public school students establish a requirement for or grant authority to local school districts, their school boards and the schools within the respective school districts, the language "school districts," "school boards," "boards of trustees," "the schools within a school district," or any other similar phraseology does not include a charter school and the governing board of a charter school unless the statute specifically is made applicable to charter schools as well as noncharter public schools.
(5)
A charter school is not subject to any rule, regulation, policy or procedure adopted by the State Board of Education or the State Department of Education unless otherwise required by the authorizer or in the charter contract.
(6)
Charter schools are not exempt from the following statutes:
(a)
Chapter 41, Title 25, Mississippi Code of 1972, which relate to open meetings of public bodies.
(b)
Chapter 61, Title 25, Mississippi Code of 1972, which relate to public access to public records.
(c)
Section
37-3-51
, which requires notice by the district attorney of licensed school employees who are convicted of certain sex offenses.
(d)
Section
37-3-53
, which requires publication of the Mississippi Report Card by the State Board of Education.
(e)
Section
37-11-18
, which requires the automatic expulsion of a student possessing a weapon or controlled substance on educational property.
(f)
Section
37-11-18.1
, which requires expulsion of certain habitually disruptive students.
(g)
Section
37-11-19
, which requires suspension or expulsion of a student who damages school property.
(h)
Section
37-11-20
, which prohibits acts of intimidation intended to keep a student from attending school.
(i)
Section
37-11-21
, which prohibits parental abuse of school staff.
(j)
Section
37-11-23
, which prohibits the willful disruption of school and school meetings.
(k)
Sections
37-11-29
and
37-11-31
, which relate to reporting requirements regarding unlawful or violent acts on school property.
(l)
Section
37-11-67
, which prohibits bullying or harassing behavior in public schools.
(m)
Section
37-13-3
, which prohibits doctrinal, sectarian or denominational teaching in public schools.
(n)
Sections
37-13-5
and
37-13-6
, which require the flags of the United States and the State of Mississippi to be displayed near the school building.
(o)
Section
37-13-63(1)
, which prescribes the minimum number of days which public schools must be kept in session during a scholastic year.
(p)
Section
37-13-91
, which is the Mississippi Compulsory School Attendance Law.
(q)
Section
37-13-171(2) and (4)
, which requires any course containing sex-related education to include instruction in abstinence-only or abstinence-plus education.
(r)
Section
37-13-173
, which requires notice to parents before instruction on human sexuality is provided in public classrooms.
(s)
Section
37-13-193
, which relates to civil rights and human rights education in the public schools.
(t)
Sections
37-15-1
and
37-15-3
, which relate to the maintenance and transfer of permanent student records in public schools.
(u)
Section
37-15-6
, which requires the State Department of Education to maintain a record of expulsions from the public schools.
(v)
Section
37-15-9
, which establishes minimum age requirements for kindergarten and first grade enrollment in public schools.
(w)
Section
37-15-11
, which requires a parent, legal guardian or custodian to accompany a child seeking enrollment in a public school.
(x)
Sections
37-16-1
,
37-16-3
,
37-16-4
and
37-16-9
, which relate to the statewide assessment testing program.
(y)
Section
37-18-1
, which establishes the Superior-Performing Schools Program and Exemplary Schools Program to recognize public schools that improve.
Added by Laws, 2013, ch. 497, HB 369, 23, eff. 7/1/2013.