Mississippi Administrative Code › Title 7 - Education K-12 › Part 24 - Mississippi Public School Accountability Standards 2023 › ACCREDITATION POLICIES OF THE STATE BOARD OF EDUCATION › Sec2 7-24-2.0 - DISTRICT ACCREDITATION POLICY › Section 7-24-2.0-2.9 - CONDITIONS OF EMERGENCY STATUS AND WITHDRAWAL OF ACCREDITATION

Current through June 25, 2024
2.9.1
Declaration of State of
				  Emergency
The SBE may request the Governor to declare a state of
					 emergency in any school district in accordance with Miss. Code Ann. §
											37-17-6. Upon the declaration of
					 the state of emergency by the Governor, the SBE may take all such action for
					 dealing with the school districts as authorized under Miss. Code Ann. §
					 (12) or (15), including the withdrawal of the district's accreditation.
2.9.2.
State of Emergency
				  Hearing Procedures
Pursuant to Miss. Code Ann. §
											37-17-6(12),
					 there are several avenues for the SBE to make a request to the Governor to
					 declare a state of emergency.
2.9.2.1
				  Withdrawal of Accreditation Hearing and Subsequent State of Emergency
In accordance with Miss. Code Ann. §
												37-17-6(12)(a),
					 the CSA shall conduct a hearing to determine whether a school district's
					 accreditation should be withdrawn based on failure to comply with their CAP or
					 violations of accreditation standards that may require immediate action. Based
					 on the CSA's consideration, if the CSA, with the approval of the SBE, withdraws
					 the accreditation of a school district, the SBE shall be authorized to request
					 to the Governor that a state of emergency be declared in the district.
See
Miss. Code Ann. §
												37-17-5, Policy 2.8.2, and Policy
					 6.0 for hearing procedure.
2.9.2.2 Extreme Emergency Situation Hearing
In accordance with Miss. Code Ann. §
												37-17-6(12)(b),
					 the MDE's Office of Accreditation shall present evidence to the CSA to support
					 the existence of an extreme emergency situation in the school district that
					 jeopardizes the safety, security, and educational interests of the children and
					 the belief that the emergency situation is related to a serious violation or
					 violations of accreditation standards or state or federal law or failure to
					 meet academic standards as evidenced by a continued pattern of poor student
					 performance. This presentation shall not exceed forty (40) minutes.
Following the MDE's Office of Accreditation's presentation,
					 district representative(s) which shall include, the superintendent and school
					 board chairperson/president, will address the CSA. While the district may have
					 legal representation,
only
district employees and/or school
					 board members may address the CSA during the forty (40) minutes allowed for the
					 district to present evidence pertinent to this matter.
Following the presentations, the CSA will be allowed to
					 address MDE staff and local district representatives to ask any clarifying
					 questions.
Once all questions have been asked by the CSA, the attorney
					 for the district (if applicable), and the attorney for the MDE, will be allowed
					 ten (10) minutes each to provide closing arguments.
Based on the evidence presented, the CSA acts in one of the
					 following manners:
* Accepts the recommendation of MDE and determines that an
					 extreme emergency exists. The CSA submits the resolution to the State
					 Superintendent of Public Education and the State Board of Education; or
* Rejects the recommendation of MDE.
In accordance with the resolution from the CSA that an
					 extreme emergency exists, the SBE meets to:
* Accept the CSA's determination that an extreme emergency
					 exists, and requests the Governor to declare a state of emergency; or
* Reject the CSA's determination that an extreme emergency
					 exists.
Any request made to the Governor shall contain an
					 expiration date, which automatically rescinds the request to the Governor if
					 the Governor fails to declare a state of emergency after a specified time
					 period. This expiration date shall be set by the SBE.
2.9.2.3 Failing District
The MDE Office of Accreditation may present evidence to the
					 SBE that the school district meets the SBE's definition of a failing school
					 district ("F" designation) for two (2) consecutive years. No prior action by
					 the CSA is necessary.
The SBE may request the Governor to declare a state of
					 emergency in that school district.
2.9.2.4 More than 50% of the schools are
				  Schools At-Risk
The MDE Office of Accreditation may present evidence to the
					 SBE that more than 50% of the schools within the school district are "schools
					 at-risk" (i.e., failing schools identified as "F") in any one (1) year. No
					 prior action by the CSA is necessary.
The SBE may request the Governor to declare a state of
					 emergency in that school district.