37-152-3 - Task force to study and report on failing schools and school districts, effectiveness measures for improvement of failing schools and school districts and enhancement of accountability and
§ 37-152-3. Task force to study and report on failing schools and school districts, effectiveness measures for improvement of failing schools and school districts and enhancement of accountability and sanctions; task force composition and compensation; matters to be studied and reported on; staff; annual report of findings and recommendations [Repealed effective July 1, 2012].
(1) It is the intent of the Legislature and the expectation of each community in the state that all children receive a quality public education and attend a school that provides for this opportunity. The Legislature also recognizes that annual performance reports show that a significant number of schools and school districts consistently underperform and fail to meet the minimum performance measures that define success.
(2) To assist the Legislature in shaping public policy to improve student outcomes and educational opportunities for all students in the state, there is established a task force to study and report on the status of failing schools and school districts in Mississippi, effectiveness measures for improvement of those schools and school districts, and enhancement of accountability and sanctions imposed on those schools and school districts.
(3) The task force shall be composed of the following fifteen (15) members:
(a) The Chairmen of the House and Senate Education Committees;
(b) The Chairmen of the House and Senate Appropriations Committees;
(c) The State Superintendent of Public Education;
(d) The Director of the Office of Educational Accountability, State Department of Education;
(e) A business leader in the state appointed by the Speaker of the House of Representatives from the Third Supreme Court District;
(f) A business leader in the state appointed by the Lieutenant Governor from the First Supreme Court District;
(g) A business leader in the state appointed by the Governor from the Second Supreme Court District;
(h) The Director of the Mississippi Economic Council, or his designee;
(i) The superintendent of a local public school district appointed by the Lieutenant Governor;
(j) A member of a local public school board appointed by the Speaker of the House of Representatives;
(k) A classroom teacher in a public school who has not less than five (5) years' teaching experience in the public schools, appointed by the State Superintendent of Public Education;
(l) A parent of a child who is a student in a public school, appointed by the Governor; and
(m) A representative of the Governor's office.
(4) Appointments to the task force must be made within thirty (30) days after July 1, 2009. Within fifteen (15) days after the expiration of the period for making appointments, on a day to be designated by the State Superintendent of Public Education, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman also must serve as secretary and be responsible for keeping all records of the task force. A majority of the membership of the task force shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.
(5) The task force may contract for any professional services that it deems necessary to complete its work and may tour at least two (2) failing schools and school districts in the state and two (2) Level 5 schools and school districts in the state. The Legislature shall appropriate sufficient funding to the State Department of Education for the contractual costs and travel associated with attending meetings and for the on-site visits to school districts.
(6) Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the task force may be paid while the Legislature is in session. Task force members may not incur per diem, travel or other expenses unless previously authorized by vote at a meeting of the task force, which action must be recorded in the official minutes of the meeting. Nonlegislative members may be paid from any funds made available to the task force for that purpose.
(7) The task force shall compile data, study and report on the following matters:
(a) The factors used to determine and define both failing and Level 5 schools or school districts;
(b) Current resources and assistance available to both failing and Level 5 schools or school districts;
(c) Identification of additional assistance and resources which are needed in failing schools and school districts;
(d) How effectively failing schools and school districts utilize available assistance and resources;
(e) Current accountability measures and sanctions imposed on failing schools and school districts;
(f) A comparison of how other states across the nation provide assistance and resources and determine accountability measures and sanctions for failing schools and school districts;
(g) Practical and effective accountability measures and sanctions that will foster improvements in a timely manner in failing schools and school districts;
(h) Benchmarks, including academic performance, leadership capacity and financial stability, which must be met for a district to be released from conservatorship; and
(i) Any other issues relating to failing schools and school districts deemed significant by the task force.
(8) In addition, the task force shall hear testimony from experts as well as compile data, study and report on the following matters:
(a) A history of school district consolidation in Mississippi, and a comparison of the history and outcomes of school district consolidation in other states in the nation;
(b) The feasibility of consolidation in Mississippi, including specifically examining parts of the state that may have multiple school districts in the same general area, or in parts of the state that have small or rural local school districts, and evaluating how effectively those school districts are currently using their resources;
(c) The financial impact of school district consolidation on the local school districts and the local economy to include millage rates, bond indebtedness, teacher pay and other issues;
(d) The effect of school district consolidation on student performance, the scope of the curriculum and the quality of instruction;
(e) The impact of school district consolidation on the identity of the school community, including administrators, faculty, staff, parents and students, as well as the larger community;
(f) The effect of school district consolidation on issues relating to school board and superintendent elections; and
(g) Any other issues relating to school district consolidation deemed significant by the task force.
(9) In addition, the task force shall hear testimony from experts as well as compile data, study and report on the following matters:
(a) The selection and governance structure of local school boards in Mississippi. The purpose of such study is to review current statutory provisions for the selection of school board members and the forms of governance of school boards and to consider optional methods of selection, composition and authority of school boards in Mississippi which may enhance and promote more efficient operations of school systems;
(b) The function of alternative school programs in Mississippi to help at-risk students to successfully re-enter the mainstream school setting through remediation and modified behavioral isolation in a highly structured positive environment:
(i) Review and consider coordinated services and plans and related studies done by or through existing state agencies and advisory, policy or research organizations to increase the accountability of alternative schools;
(ii) Review and consider the referral of students to alternative schools to correct and prevent disparate treatment of students and to ensure that proper procedural protections are in place to provide due process;
(iii) Consider objectives to facilitate appropriate services being provided to alternative schools in every school district;
(iv) Consider compliance with existing legal and policy requirements for individualized instructional plans, curricula addressing cultural and learning style differences, a rigorous workload, minimal noninstructional time, counseling for parents and students, clean, safe and functional facilities and staff with adequate credentials; and
(v) Consider correcting noncompliance by providing authority to the Mississippi Department of Education to create an accessible process by which parents could file complaints regarding denial of services to students that are guaranteed by law;
(c) Any other related issues determined by the task force.
(10) The State Department of Education shall provide appropriate staff to assist the task force with carrying out its duties. Before January 2, 2010, and annually thereafter, the task force shall submit to the Legislature and the Governor a written report of its findings and recommendations on measures to improve underperforming schools and school districts and enhancement of accountability measures and sanctions imposed on underperforming schools and school districts, and the other educational issues assigned under subsections (8) and (9). The task force shall continue in existence and shall conduct a periodic study to monitor and update its recommendations relative to failing school districts and other educational issues under its jurisdiction and make annual reports.
(11) This section shall stand repealed on July 1, 2012.
Sources: Laws, 2009, ch. 507, § 1, eff from and after July 1, 2009.