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S. B. No. 2721
*SS02/R1188PS*
G1/208/SS02/R1188PSPAGE 1
 
 To:  Education;Appropriations
MISSISSIPPI LEGISLATURE                        REGULAR SESSION 2008 By:  Senator(s) Fillingane               SENATE BILL NO. 2721(As Passed the Senate)  AN ACT TO AMEND SECTIONS 37-28-3, 37-28-5, 37-28-7, 37-28-15,137-28-17 AND 37-28-19, MISSISSIPPI CODE OF 1972, TO PROVIDE2AUTHORIZATION FOR NEW START-UP CHARTER SCHOOLS IN THE STATE OF3MISSISSIPPI, TO PROVIDE THAT SUCH START-UP CHARTER SCHOOLS SHALL4BE ORGANIZED AS NONPROFIT TAX EXEMPT ORGANIZATIONS, TO PROVIDE5THAT THE LOCAL SCHOOL BOARD SHALL APPROVE PETITIONS FOR THE6ESTABLISHMENT OF SUCH CHARTER SCHOOLS WITH AN APPEAL TO THE STATE7BOARD OF EDUCATION, TO PROVIDE PREFERENCE FOR THE ESTABLISHMENT OF8SUCH CHARTER SCHOOLS, TO PROVIDE THAT STATE FUNDS SHALL GO9DIRECTLY TO THE NEWLY ESTABLISHED CHARTER SCHOOLS, TO PROVIDE THAT10SUCH CHARTER SCHOOLS MAY USE A WEIGHTED LOTTERY SYSTEM TO FILL11ENROLLMENT SEATS, TO PROVIDE FOR THE GOVERNANCE OF SUCH CHARTER12SCHOOLS AND TO PROVIDE THAT TEACHERS SHALL BE EMPLOYEES OF THE13CHARTER SCHOOLS, AND TO PROVIDE FOR REPORTING; AND FOR RELATED14PURPOSES.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:16
SECTION 1.
Section 37-28-3, Mississippi Code of 1972, is17amended as follows:1837-28-3.  For purposes of this chapter, the following words19and phrases shall have the meanings respectively ascribed in this20section unless the context clearly indicates otherwise:21(a)  "Charter" means an academic or vocational, or both,22performance-based contract between the State Board of Education,23the school board of the local school district, and a local school24which exempts the school from rules, regulations, policies and25procedures of the State Board of Education and the local school26district and, except as otherwise provided, the provisions of27Title 37 of the Mississippi Code of 1972 which are applicable to28schools and school districts and their employees and students.29(b)  "Charter school" means a school that is operating30under the terms of a charter granted by the State Board of31
 
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Education, or a start-up charter school established after July 1,322008.33(c)  "Local school" means a public school in Mississippi34which is under the management and control of the school board of35the school district in which the school is located.36(d)  "Petition" means a proposal to enter into an37academic or vocational, or both, performance-based contract38between the State Board of Education and a local school whereby39the local school obtains charter school status.40(e)  "Eligible entity" means a public institution of41higher learning, a private nonsectarian institution of higher42learning, a governmental entity, or an organization that is43nonsectarian in its program, admission policies, employment44practices, and operations and is exempt from taxation under45Section 501(c)(3) of the Internal Revenue Code of 1986.46(f)  "Start-up charter school" means a public school47that is operating under the terms of a charter granted by the48State Board of Education with the approval of the local school49board or local school boards on the application of an eligible50entity and may draw its students from across public school51district boundaries.52
SECTION 2.
Section 37-28-5, Mississippi Code of 1972, is53amended as follows:5437-28-5.  (1)  Any local school may submit a petition to the55State Board of Education requesting charter school status.  The56petition must:57(a)  Be approved by the school board of the school58district in which the school is located;59(b)  Be agreed to freely by a majority of the faculty60and instructional staff members, by secret ballot, at the school61initiating the petition;62(c)  Be agreed to by a majority of the parents of63students enrolled in the school who are present at a meeting64
 
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called for the specific purpose of deciding whether or not to65initiate the petition;66(d)  Describe a plan for school improvement that67addresses how the school proposes to work toward improving student68learning and meeting state education goals;69(e)  Outline proposed academic or vocational, or both,70performance criteria that will be used during the initial period71of the charter to measure progress of the school in improving72student learning and in meeting state education goals;73(f)  Describe how the faculty, instructional staff and74parents of students enrolled in the school have been involved in75developing the petition and will be involved in developing and76implementing the improvement plan and identifying academic or77vocational, or both, performance criteria; and78(g)  Describe how the concerns of faculty, instructional79staff and parents of students enrolled in the school will be80solicited and addressed in evaluating the effectiveness of the81improvement plan.82(2)  A charter for a start-up charter school shall (a) be in83the form of a written contract signed by the State Superintendent84of Education and the chief operating officer of the school, and85(b) satisfy the requirements of this chapter, and is consistent86with the information provided in the application and any87modification which the State Board of Education may require.88
SECTION 3.
Section 37-28-7, Mississippi Code of 1972, is89amended as follows:9037-28-7.  (1)  The provisions of this subsection (1) shall be91applicable to charter schools established prior to July 1, 2008.92The State Board of Education shall establish rules and regulations93for the submission of petitions for charter school status and94criteria and procedures for the operation of charter schools.  The95board shall receive and review petitions for charter school status96from local public schools and may approve petitions and grant97
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