Summary

Mississippi HB 369 (Open States or Mississippi Legislature), the Mississippi Charter Schools Act of 2013, allows for new charters to be established by a statewide authorizer board, but only with the consent of the district in those that are rated “C” or above.

Legislative Analysis

HB 369, the Mississippi Charter Schools Act of 2013, sets forth guidelines for the establishment of new charter schools in Mississippi. Prior to this, Mississippi law only allowed charter schools as conversions of existing schools that failed to meet state standards for three consecutive years.

HB 369 stipulates that charter schools are nonprofit educational organizations that are public schools. For-profit companies are not allowed to operate a charter school on their own nor under contract with the school. They cannot charge tuition and must administer the same state tests and be rated under the same system as regular public schools. They must accept all students who apply, unless there is not enough room, in which case they will draw names, giving all students an equal chance at admission. They may not discriminate on the basis of race, creed, color, sex, disability or other categories – including academic or athletic ability. Charter schools must reflect the composition of the underserved population of the school district where the charter school is located. They are subject to the same restrictions on teaching religious doctrine as regular public schools. They are subject to an independent audit of their finances, just as school districts are.

The Mississippi Charter School Authorizer Board will evaluate the qualifications of charter school applicants and approve qualified applications. They will also oversee the schools to ensure they fulfill the provisions of the charter contract. The Board is made up of 7 appointees: 3 by the governor, 3 by the lieutenant governor, and 1 by the Board of Education. Appointments are made with the advice and consent of the Senate. The Board may approve no more than 15 charters each year.

Charter schools may open, or existing schools could convert to charter status, in all school districts. However, school boards in districts rated A, B, or C may veto the approval of an application for a charter school that would be located in their district. They will only be open to students who live in the district where the charter school is located.

An application to open a charter school must include evidence of need and community support for a charter school. Applicants must also provide evidence of a record of success in raising student achievement. Every charter contract is a performance contract that must measure and improve: student achievement and growth; achievement gaps; college and career readiness, and other factors. If the goals outlined in the charter contract are reached, the school may continue operating. If the goals are not reached, the school is closed by the Authorizer Board. In exchange for that accountability, the schools are freed from many state and local regulations regarding their budgets, schedules, curricula, etc. They are judged on student achievement, not on regulatory compliance.

No students or teachers are assigned to charter schools by a school district. Parents choose to enroll their children, and teachers choose whether to apply for employment. At least 75% of charter school teachers must have gone through the official Mississippi teacher certification process, and within three years of the school’s charter being approved, all teachers must be certified. Under federal law, every teacher and administrator must hold a college degree and demonstrate competency in the subject they will be teaching, such as passing the Praxis. The Education Employment Procedures Law does not apply to charter school employees. Charter school employees are not eligible to participate in PERS, but charter schools may offer their own retirement and benefits plans.

Funding follows the child to a charter public school in much the same way as funding follows the child to a regular public school. This includes per pupil local funding except for local taxes devoted to paying off school bonds and certain other local obligations. Private schools are prohibited from converting to charter schools, but existing public schools are eligible to convert to charter status. Virtual charter schools are not included in this bill. Charter schools may contract with an accredited online course provider to offer online courses to students, just as regular public schools may do.

Legislative History

Detailed Vote History: Legiscan |  Open States

Approved by Governor Phil Bryant on 4/17/2013