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H. B. No. 1471

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To: Education

MISSISSIPPI LEGISLATURE REGULAR SESSION 2009 By: Representative Brown HOUSE BILL NO. 1471 AN ACT TO BE KNOWN AS THE "MISSISSIPPI CHARTER PUBLIC SCHOOL1ACT"; TO CREATE A NEW PROCESS FOR ESTABLISHING CHARTER PUBLIC2SCHOOLS; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO AUTHORIZE A3CHARTER PUBLIC SCHOOL TO BE FORMED BY CREATING A NEW SCHOOL OR BY4CONVERSION OF A PUBLIC SCHOOL TO CHARTER STATUS; TO PRESCRIBE5CERTAIN REQUIREMENTS FOR APPLICATIONS FOR CHARTER PUBLIC SCHOOLS;6TO REQUIRE AN AUTHORIZER TO WHICH AN APPLICATION FOR A CHARTER HAS7BEEN SUBMITTED TO RESPOND TO THE APPLICATION WITHIN 45 DAYS; TO8REQUIRE AN AUTHORIZER AND A CHARTER PUBLIC SCHOOL TO ENTER INTO A9CONTRACT AFTER AN APPLICATION FOR CHARTER STATUS IS APPROVED AND10TO REQUIRE CERTAIN PROVISIONS TO BE INCLUDED IN THE CONTRACT; TO11REQUIRE CONTRACTS TO BE FOR A TERM OF FIVE SCHOOL YEARS; TO12PROVIDE FOR THE INITIAL BOARD OF DIRECTORS OF A CHARTER PUBLIC13SCHOOL; TO REQUIRE CHARTER PUBLIC SCHOOLS TO BE OPEN TO ADMISSION14TO CERTAIN STUDENTS; TO PRESCRIBE CERTAIN REQUIREMENTS THAT A15CHARTER PUBLIC SCHOOL MUST SATISFY IN ORDER TO MAINTAIN ITS16CHARTER; TO REQUIRE EACH CHARTER PUBLIC SCHOOL TO REGISTER AS A17501(C)(3) NONPROFIT CORPORATION; TO PROHIBIT CHARTER PUBLIC18SCHOOLS FROM LEVYING TAXES OR ISSUING BONDS SECURED BY TAX19REVENUES; TO PRESCRIBE REASONS THAT A CHARTER MAY BE REVOKED BY20THE AUTHORIZER; TO PROVIDE THAT CHARTER PUBLIC SCHOOLS ARE EXEMPT21FROM ALL EDUCATION STATUTES, UNLESS STATED OTHERWISE, AND RULES22AND REGULATIONS OF THE STATE BOARD OF EDUCATION AND LOCAL SCHOOL23DISTRICTS; TO PROVIDE FOR THE EMPLOYMENT OF TEACHERS BY CHARTER24PUBLIC SCHOOLS; TO PROHIBIT UNLAWFUL REPRISALS AGAINST SCHOOL25DISTRICT EMPLOYEES WHO ARE INVOLVED IN AN APPLICATION FOR CHARTER26PUBLIC SCHOOL STATUS; TO PROVIDE FOR STATE AND LOCAL FUNDING OF27CHARTER PUBLIC SCHOOLS; TO AUTHORIZE SCHOOL DISTRICTS TO LEASE28SPACE TO CHARTER PUBLIC SCHOOLS; TO ESTABLISH THE CHARTER PUBLIC29SCHOOLS STIMULUS REVOLVING LOAN FUND IN THE STATE TREASURY TO30PROVIDE SUPPORT TO CHARTER PUBLIC SCHOOLS FOR START-UP COSTS; TO31PROVIDE THE MAXIMUM NUMBER OF APPLICATIONS FOR CHARTER PUBLIC32SCHOOLS THAT MAY BE APPROVED; TO AUTHORIZE LOCAL SCHOOL BOARDS TO33REFUSE TO ADMIT STUDENTS WHO HAVE BEEN SUSPENDED OR EXPELLED FROM34A CHARTER PUBLIC SCHOOL; TO REQUIRE THE STATE DEPARTMENT OF35EDUCATION TO DISSEMINATE INFORMATION ON HOW TO CREATE AND HOW TO36ENROLL STUDENTS IN CHARTER PUBLIC SCHOOLS; TO REQUIRE THE STATE37DEPARTMENT OF EDUCATION TO SUBMIT AN EVALUATION OF CHARTER PUBLIC38SCHOOLS TO THE LEGISLATURE; TO AUTHORIZE THE CONTINUED OPERATION39OF CHARTER SCHOOLS ESTABLISHED UNDER THE ORIGINAL CHARTER SCHOOL40STATUTES; TO REPEAL SECTIONS 37-28-1 THROUGH 37-28-21, MISSISSIPPI41CODE OF 1972, WHICH ESTABLISH A MEANS FOR EXISTING PUBLIC SCHOOLS42TO APPLY FOR CHARTER STATUS; AND FOR RELATED PURPOSES.43BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:44

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SECTION 1.

This act shall be known as the "Mississippi45Charter Public School Act."46

SECTION 2.

The Legislature declares that the following are47the purposes of this act:48(a) To provide increased opportunities in the public49school system for students to learn in an educational environment50that best meets their needs;51(b) To close achievement gaps between high performing52and low performing groups of public school students;53(c) To provide new forms of accountability for schools;54(d) To encourage increased involvement of parents and55teachers in the operation and decision-making of a local public56school;57(e) To encourage the use of innovative and effective58models of teaching, governing, scheduling and other aspects of59schooling; and60(f) To create new professional opportunities for61teachers and other school personnel.62

SECTION 3.

For purposes of this act, the following words and63phrases have the meanings ascribed in this section unless the64context clearly indicates otherwise:65(a) "Applicant," except when preceded by the word66"enrollment," means any person, group of persons, organization or67public institution that develops and submits an application for a68charter public school to an authorizer.69(b) "Application," except when preceded by the word70"enrollment," means a proposal from an applicant to an authorizer71to open a charter public school.72(c) "Authorizer" means an entity that reviews73applications, decides whether to approve or reject applications,74enters into contracts with applicants, oversees and monitors75charter public schools and decides whether to renew, not renew or76

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revoke contracts; eligible authorizers in Mississippi are local77school boards and the State Board of Education.78(d) "Charter" means an approved application to operate79a charter public school.80(e) "Charter public school" means a public school that:81(i) Has autonomy over decisions including, but not82limited to, matters concerning finance, personnel, scheduling and83instruction;84(ii) Is governed by an independent board;85(iii) Is established and operates under a fixed86term, performance based contract between the school's governing87board and either a school board of a local school district or the88State Board of Education;89(iv) Is a school to which parents choose to send90their children; and91(v) Operates in pursuit of a specific set of92educational objectives.93(f) "Contract" means a performance based contract for a94fixed term between a charter public school and an authorizer.95(g) "Conversion school" means an existing public school96that has been converted to charter public school status.97(h) "Governing board" means the independent board of a98charter public school, the members of which have been elected or99selected pursuant to the school's charter, which is responsible100for ensuring the school's compliance with the contract.101

SECTION 4.

(1) A charter public school may be formed in one102(1) of the following manners:103(a) By the authorizer's approval of an application to104create a new charter public school, followed by the execution of a105performance based contract between the authorizer and the school;106or107(b) By the conversion of an existing school to charter108status, which may be accomplished by the local school board109