| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education By: Representative Clark House Bill 440 AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ESTABLISH A TRIMESTER SCHOOL YEAR PILOT PROGRAM; TO REQUIRE THE BOARD TO SELECT UP TO TWELVE SCHOOL DISTRICTS FOR PARTICIPATION IN THE PROGRAM; TO REQUIRE THE BOARD TO REPORT TO THE CHAIRMEN OF THE EDUCATION COMMITTEES BEFORE JANUARY 1, 2028, ON THE RESULTS OF THE PILOT PROGRAM AND THE DESIRABILITY OF IMPLEMENTING A TRIMESTER CALENDAR IN ALL MISSISSIPPI SCHOOL DISTRICTS; TO REQUIRE THE BOARD TO ESTABLISH THE ANNUAL SCHOOL CALENDAR, WHICH MUST BE NO LESS THAN 225 DAYS, FOR SCHOOL DISTRICTS PARTICIPATING IN THE PILOT PROGRAM; TO PRESCRIBE THE CORE CURRICULUM FOR STUDENTS IN SCHOOL DISTRICTS PARTICIPATING IN THE PILOT PROGRAM; TO REQUIRE THE BOARD TO INCREASE THE ADEQUATE EDUCATION PROGRAM ALLOTMENT TO SCHOOL DISTRICTS PARTICIPATING IN THE PILOT PROGRAM; TO AMEND SECTIONS 37-9-24, 37-13-63, 37-13-67, 37-13-91 AND 37-151-211, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) The State Board of Education shall establish a Trimester School Year Pilot Program to determine the feasibility and desirability of implementing a trimester school year in all public school districts in the state. (2) During the 2025-2026 school year, the State Board of Education shall adopt rules and regulations for the implementation of the pilot program and an application process for interested school districts to apply for participation in the pilot program. The board may select up to twelve (12) eligible school districts in which the trimester school year calendar will be implemented. In selecting participants for the program, the board shall endeavor to include school districts representative of all Mississippi school districts, with consideration given to factors including, but not necessarily limited to, each applying school district's: size; accreditation level; urban or rural nature; demographic profile; and geographical location. At least one (1) school district in each congressional district, as those districts exist on July 1, 2025, must be selected for participation in the pilot program unless no application is received by the board from an eligible school district within a particular congressional district. (3) School districts participating in the Trimester School Year Pilot Program must agree to adhere to the trimester school year calendar adopted by the State Board of Education for the 2026-2027 and 2027-2028 school years. (4) Before January 1, 2027, the State Board of Education shall submit a report to the Chairmen of the Education Committees of the House of Representatives and Senate on the results of the Trimester School Year Pilot Program. The report must include recommendations on whether or not the trimester calendar should be implemented on a permanent basis in all or certain public school districts of the state. SECTION 2. The State Board of Education shall establish a school year calendar to be observed by those school districts participating in the Trimester School Year Pilot Program. The opening day of the school term must be the Tuesday immediately succeeding the first Monday of September (National Memorial Day). Each trimester must consist of no less than seventy-five (75) days in which students and teachers are in regular attendance for scheduled school work. Upon the conclusion of each trimester, there must be a break of no less than fifteen (15) calendar days; however, the State Board of Education may designate a total of fourteen (14) days during the breaks as teacher work days or in-service training days. The complete scholastic year for school districts participating in the pilot program must be no less than two hundred twenty-five (225) days. The State Board of Education shall designate the legal holidays that may be observed in school districts participating in the pilot program. SECTION 3. (1) The core curriculum for students in Grades 4 through 12 in the school districts participating in the Trimester School Year Pilot Program shall consist of the following five (5) core courses, each consisting of a minimum of eighteen (18) trimester units of developmental, content-mastery instruction: (a) Language Arts -- Reading Recognition, Reading Comprehension, Spelling, Grammar, Written Expression and Literature; (b) Math -- Math Calculations, Math Reasoning, Business Math, Algebra, Geometry, Algebra II, Trigonometry and Calculus; (c) Foreign Language -- Written Expression, Verbal Expression and Literature; (d) Social Studies: (i) Grades 8 and 9 -- World History, consisting of four (4) trimesters with each course following an established timeline and incorporating major social, political and economic issues for South and Central America, North America, the Far East, the Middle East, Africa, Australia and Europe, with all courses to include related geography segments; (ii) Grades 10 and 11 -- American History, consisting of two (2) trimesters from the Indigenous People through the Civil War and two (2) trimesters from the Civil War to the present; and (iii) Grade 12 -- United States Government and two (2) trimesters of Current Political and Social Issues; and (e) Science -- Earth Science, Biology, Zoology, Chemistry and Physics. (2) In each school in those school districts participating in the Trimester School Year Pilot Program, the content area teachers shall develop skill progression-based course outlines identifying the primary and secondary data to be mastered. The principal of the school shall collate and assimilate the information into one (1) outline, which shall be forwarded to the school district's central office. The local school board then shall collate and assimilate the data gathered from the various schools in that school district into one (1) outline to be submitted to the State Department of Education. The State Department of Education shall collate and assimilate the data gathered from the various school districts participating in the pilot program into one (1) outline. The department shall submit the final outline to a panel of university and college educators for revision. (3) The State Department of Education shall provide standardized tests for the core curriculum defined in this section. Local school districts shall administer the standardized tests in particular subject areas to all students in the public schools on the same day, as designated by the State Department of Education. In administering the tests, a classroom teacher may not be permitted to monitor the testing of that teacher's students. All tests must be scored by machine, and the test results may be posted only in a pass or fail format. (4) The State Board of Education shall establish the number of hours of actual teaching which constitutes a school day in those school districts participating in the Trimester School Year Pilot Program. The number of hours of each school day must be sufficient to satisfy the core curriculum requirements established in this section. SECTION 4. In order to sufficiently fund school districts participating in the Trimester School Year Pilot Program, the State Board of Education shall increase the annual funding for the participating school districts under the Mississippi Adequate Education Program by an amount determined by the following formula: The annual allocation to the particular school district under the Mississippi Adequate Education Program will be divided by the average number of days that teachers and students are in actual attendance in all Mississippi school districts that are not participating in the pilot program. This sum, which represents the Mississippi Adequate Education Program daily allotment, will be multiplied by the difference between two hundred twenty-five (225) and the average number of days that teachers and students are in actual attendance in all Mississippi school districts that are not participating in the pilot program. The result of the last calculation will be added to the annual allocation to the particular school district under the Mississippi Adequate Education Program. SECTION 5. Section 37-9-24, Mississippi Code of 1972, is amended as follows: 37-9-24. (1) Except as otherwise provided in this section, no school district shall contract with any licensed personnel for a number of employment days which shall be less than one hundred eighty-five (185). Beginning with the 1994-1995 school year, no school district shall contract with any licensed personnel for less than one hundred eighty-seven (187) employment days. (2) Licensed personnel may be employed for less than a full school year if the contract states the exact period of time for which the licensed person is to be employed. (3) Each school district participating in the Trimester School Year Pilot Program and executing employment contracts before July 1, 2026, having a term of two hundred thirty-two (232) or more employment days for the 2026-2027 school year, shall increase the term of the standard one hundred eighty-seven-day contract by no less than forty-five (45) employment days; however, the annual salary established in the contract for the licensed personnel may be increased using any local supplement or state funds made available to the participating school district due to the number of employment days required under this subsection. This subsection shall stand repealed on July 1, 2028. SECTION 6. Section 37-13-63, Mississippi Code of 1972, is amended as follows: 37-13-63. (1) Except as otherwise provided under subsections (2) and (3) of this section, and Sections 2 and 4 of this act, all public schools in the state shall be kept in session for at least one hundred eighty (180) days in each scholastic year. (2) If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a scholastic year as contemplated due to an enemy attack, a man-made, technological or natural disaster or extreme weather emergency in which the Governor has declared a disaster or state of emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board may notify the State Department of Education of the disaster or weather emergency and submit a plan for altering the school term. If the State Board of Education finds the disaster or extreme weather emergency to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor's or President's disaster or state of emergency declaration, it may permit that school board to operate the schools in its district for less than one hundred eighty (180) days; however, in no instance of a declared disaster or state of emergency under the provisions of this subsection shall a school board receive payment from the State Department of Education for per pupil expenditure for pupils in net enrollment in excess of ten (10) days. (3) A school district that is selected for participation in the Trimester School Year Pilot Program, established under Sections 1 through 4 of this act, must be kept in session for at least two hundred twenty-five (225) days for the duration of the pilot program beginning with the 2026-2027 school year, and may only be reduced in the event it is determined by the school board of the participating school district that it is not economically feasible or practicable to do so for reasons outlined in subsection (2) of this section. SECTION 7. Section 37-13-67, Mississippi Code of 1972, is amended as follows: 37-13-67. Except as otherwise provided under Section 3 of House Bill No. , 2025 Regular Session, for school districts participating in the Trimester School Year Pilot Program, the number of hours of actual teaching which shall constitute a school day shall be determined and fixed by the board of trustees of the school district at not less than five and one-half (5-1/2) hours. SECTION 8. Section 37-13-91, Mississippi Code of 1972, is amended as follows: 37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law." (2) The following terms as used in this section are defined as follows: (a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted. (b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction. (c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child. (d) "School day" means not less than five and one-half (5-1/2) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork. (e) "School" means any public school, including a charter school, in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, or in the case of school districts participating in the Trimester School Year Pilot Program established under Sections 1 through 4 of this act, two hundred twenty-five days (225) of school, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade. (f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program. (g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89. (h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster. (i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs. (3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances: (a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation. (b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for children with physical or mental disadvantages or disabilities. (c) When a compulsory-school-age child is being educated in a legitimate home instruction program. The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any charter school or nonpublic school, or the appropriate school official for any or all children attending a charter school or nonpublic school shall complete a "certificate of enrollment" in order to facilitate the administration of this section. The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only: (i) The name, address, telephone number and date of birth of the compulsory-school-age child; (ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child; (iii) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a nonpublic school, the name and address of the school; and (iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a charter school or nonpublic school, the signature of the appropriate school official and the date signed. The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section. However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection. For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law. (4) An "unlawful absence" is an absence for an entire school day or during part of a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. For purposes of reporting absenteeism under subsection (6) of this section, if a compulsory-school-age child has an absence that is more than thirty-seven percent (37%) of the instructional day, as fixed by the school board for the school at which the compulsory-school-age child is enrolled, the child must be considered absent the entire school day. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school. Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee: (a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity. (b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school. (c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official. (d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters. (e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child. (f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness. (g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child. (h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence, but the approval shall not be unreasonably withheld. (i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law. (j) An absence is excused when it results from the attendance of a compulsory-school-age child participating in official organized events sponsored by the 4-H or Future Farmers of America (FFA). The excuse for the 4-H or FFA event must be provided in writing to the appropriate school superintendent by the Extension Agent or High School Agricultural Instructor/FFA Advisor. (k) An absence is excused when it results from the compulsory-school-age child officially being employed to serve as a page at the State Capitol for the Mississippi House of Representatives or Senate. (5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39. Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance. (6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent, or his designee, shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur. (7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92. (8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section. (9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program. SECTION 9. Section 37-151-211, Mississippi Code of 1972, is amended as follows: 37-151-211. (1) (a) Before February 1 of each year, the tax assessor of each county shall file reports with the State Department of Education which provide information essential to the department in determining the local contribution that each school district or charter school is required to provide toward the cost of local school funding. A separate report must be filed for each school district or part of a school district situated in the county and must include the following information: (i) The total assessed valuation of nonexempt property for school purposes in each school district; (ii) Assessed value of exempt property owned by homeowners aged sixty-five (65) or older or disabled, as defined in Section 27-33-67(2); (iii) The school district's tax loss from exemptions provided to applicants under the age of sixty-five (65) and not disabled, as defined in Section 27-33-67(1); and (iv) The school district's homestead reimbursement revenues. (b) The State Department of Education shall prepare and make available to the tax assessor of each county a form for the reports required under paragraph (a) of this subsection (1)(a). (2) (a) The department shall use the information submitted pursuant to subsection (1) to calculate and certify to each school district the millage required to raise its minimum local tax effort, which must be the value of not less than twenty-eight (28) mills for the then current fiscal year or a millage rate equivalent to twenty-seven percent (27%) of the total funding formula funds for the school district, any charter schools, and any Mississippi Achievement School District Schools located in its boundaries, whichever is a lesser amount as certified to the school district by the department, upon all of the taxable property of the school district, including the following sources: (i) One hundred percent (100%) of Grand Gulf income, as prescribed in Section 27-35-309; and (ii) One hundred percent (100%) of any fees in lieu of taxes, as prescribed in Section 27-31-104, in accordance with Section 37-57-1. (b) The department shall determine the local contribution of each school district or charter school based on the minimum local tax effort, as determined under paragraph (a), and shall certify this required local contribution to each school district or charter school, as follows: (i) For school districts in which there are no charter schools, the minimum local tax effort is the required local contribution for the school district. (ii) For school districts in which there is located one or more charter schools, the local contribution of the school district is the product of multiplying the local pro rata amount by the net enrollment of the school district. The department will calculate the local pro rata amount by dividing the school district's minimum local tax effort by the sum of the net enrollment of the school district, as determined by Section 37-151-207, and the projected enrollment of charter school students, as specified in Section 37-151-207, who reside or are estimated to reside in the district, but excluding from this projected enrollment any resident students who are projected to transfer from the district to a charter school after the calculation of the district's net enrollment, so as not to double-count those students. (iii) For each charter school, the local contribution is the sum of the local pro rata amount for each charter school student, as determined by Section 37-151-207, based on each student's district of residence. The department will calculate a local pro rata amount for each school district in which a student projected to attend the charter school resides or is estimated to reside using the methodology in subparagraph (ii) of this paragraph (b). (iv) In the case of an agricultural high school, the local contribution is based on an equitable amount per pupil, as determined by the State Board of Education. The State Board of Education shall set the millage requirement to generate such an amount and will certify this amount and millage requirement to agricultural high schools in the same manner as for all other school districts under this subsection. (3) Except as otherwise provided in Section 37-151-213(1), the required state share in support of each school district and charter school is determined by subtracting the required local contribution, which total amount may not exceed twenty-seven percent (27%) of the total projected funding formula cost, from the total projected funding formula cost, as determined under Sections 37-151-200 through 37-151-215, for the school district or charter school. (4) (a) If the school board of any school district or charter school governing board determines that it is not economically feasible or practicable to operate any school within the district or charter school for the full one hundred eighty (180) days * * *required for the school term of established for a scholastic year under Section 37-13-63 (1) and (2), due to an enemy attack, man-made, technological, or natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board or charter school governing board may notify the State Department of Education of the disaster and submit a plan for altering the school term. If the State Board of Education finds the disaster to be the cause of the school not operating for the contemplated school term and that the school is located in a school district covered by the Governor's or President's disaster declaration, the board may permit the schools located in that district to be operated for less than one hundred eighty (180) days and, in such case, the State Department of Education may not reduce the state share in support of the funding formula for that district or charter school because of the failure to operate those schools for one hundred eighty (180) days. (b) If the school board of any school district or charter school governing board participating in the Trimester School Year Pilot Program, established under Sections 1 through 4 of this act, shall determine that it is not economically feasible or practicable to operate any school within the district or charter school for the full two hundred twenty-five (225) days established for a scholastic year under Section 37-13-63 (3), due to an enemy attack, a man-made, technological or natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the participating school board or charter school governing board may notify the State Department of Education of such disaster and submit a plan for altering the school term. If the State Board of Education finds such disaster to be the cause of the school not operating for the statutorily required school term, and that such school was in a school district covered by the Governor's or President's disaster declaration, the board may permit the participating school board or charter school governing board to operate the schools in its district for less than two hundred twenty-five (225) days and, in such case, the State Department of Education shall not reduce the state contributions to the adequate education program allotment for such district, because of the failure to operate the schools for two hundred twenty-five (225) days. SECTION 10. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Education |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Clark |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 440 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ESTABLISH A TRIMESTER SCHOOL YEAR PILOT PROGRAM; TO REQUIRE THE BOARD TO SELECT UP TO TWELVE SCHOOL DISTRICTS FOR PARTICIPATION IN THE PROGRAM; TO REQUIRE THE BOARD TO REPORT TO THE CHAIRMEN OF THE EDUCATION COMMITTEES BEFORE JANUARY 1, 2028, ON THE RESULTS OF THE PILOT PROGRAM AND THE DESIRABILITY OF IMPLEMENTING A TRIMESTER CALENDAR IN ALL MISSISSIPPI SCHOOL DISTRICTS; TO REQUIRE THE BOARD TO ESTABLISH THE ANNUAL SCHOOL CALENDAR, WHICH MUST BE NO LESS THAN 225 DAYS, FOR SCHOOL DISTRICTS PARTICIPATING IN THE PILOT PROGRAM; TO PRESCRIBE THE CORE CURRICULUM FOR STUDENTS IN SCHOOL DISTRICTS PARTICIPATING IN THE PILOT PROGRAM; TO REQUIRE THE BOARD TO INCREASE THE ADEQUATE EDUCATION PROGRAM ALLOTMENT TO SCHOOL DISTRICTS PARTICIPATING IN THE PILOT PROGRAM; TO AMEND SECTIONS 37-9-24, 37-13-63, 37-13-67, 37-13-91 AND 37-151-211, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. (1) The State Board of Education shall establish a Trimester School Year Pilot Program to determine the feasibility and desirability of implementing a trimester school year in all public school districts in the state. |
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| 18 | 18 | | |
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| 19 | 19 | | (2) During the 2025-2026 school year, the State Board of Education shall adopt rules and regulations for the implementation of the pilot program and an application process for interested school districts to apply for participation in the pilot program. The board may select up to twelve (12) eligible school districts in which the trimester school year calendar will be implemented. In selecting participants for the program, the board shall endeavor to include school districts representative of all Mississippi school districts, with consideration given to factors including, but not necessarily limited to, each applying school district's: size; accreditation level; urban or rural nature; demographic profile; and geographical location. At least one (1) school district in each congressional district, as those districts exist on July 1, 2025, must be selected for participation in the pilot program unless no application is received by the board from an eligible school district within a particular congressional district. |
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| 20 | 20 | | |
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| 21 | 21 | | (3) School districts participating in the Trimester School Year Pilot Program must agree to adhere to the trimester school year calendar adopted by the State Board of Education for the 2026-2027 and 2027-2028 school years. |
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| 22 | 22 | | |
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| 23 | 23 | | (4) Before January 1, 2027, the State Board of Education shall submit a report to the Chairmen of the Education Committees of the House of Representatives and Senate on the results of the Trimester School Year Pilot Program. The report must include recommendations on whether or not the trimester calendar should be implemented on a permanent basis in all or certain public school districts of the state. |
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| 24 | 24 | | |
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| 25 | 25 | | SECTION 2. The State Board of Education shall establish a school year calendar to be observed by those school districts participating in the Trimester School Year Pilot Program. The opening day of the school term must be the Tuesday immediately succeeding the first Monday of September (National Memorial Day). Each trimester must consist of no less than seventy-five (75) days in which students and teachers are in regular attendance for scheduled school work. Upon the conclusion of each trimester, there must be a break of no less than fifteen (15) calendar days; however, the State Board of Education may designate a total of fourteen (14) days during the breaks as teacher work days or in-service training days. The complete scholastic year for school districts participating in the pilot program must be no less than two hundred twenty-five (225) days. The State Board of Education shall designate the legal holidays that may be observed in school districts participating in the pilot program. |
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| 26 | 26 | | |
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| 27 | 27 | | SECTION 3. (1) The core curriculum for students in Grades 4 through 12 in the school districts participating in the Trimester School Year Pilot Program shall consist of the following five (5) core courses, each consisting of a minimum of eighteen (18) trimester units of developmental, content-mastery instruction: |
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| 28 | 28 | | |
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| 29 | 29 | | (a) Language Arts -- Reading Recognition, Reading Comprehension, Spelling, Grammar, Written Expression and Literature; |
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| 30 | 30 | | |
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| 31 | 31 | | (b) Math -- Math Calculations, Math Reasoning, Business Math, Algebra, Geometry, Algebra II, Trigonometry and Calculus; |
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| 32 | 32 | | |
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| 33 | 33 | | (c) Foreign Language -- Written Expression, Verbal Expression and Literature; |
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| 34 | 34 | | |
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| 35 | 35 | | (d) Social Studies: |
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| 36 | 36 | | |
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| 37 | 37 | | (i) Grades 8 and 9 -- World History, consisting of four (4) trimesters with each course following an established timeline and incorporating major social, political and economic issues for South and Central America, North America, the Far East, the Middle East, Africa, Australia and Europe, with all courses to include related geography segments; |
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| 38 | 38 | | |
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| 39 | 39 | | (ii) Grades 10 and 11 -- American History, consisting of two (2) trimesters from the Indigenous People through the Civil War and two (2) trimesters from the Civil War to the present; and |
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| 40 | 40 | | |
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| 41 | 41 | | (iii) Grade 12 -- United States Government and two (2) trimesters of Current Political and Social Issues; and |
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| 42 | 42 | | |
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| 43 | 43 | | (e) Science -- Earth Science, Biology, Zoology, Chemistry and Physics. |
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| 44 | 44 | | |
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| 45 | 45 | | (2) In each school in those school districts participating in the Trimester School Year Pilot Program, the content area teachers shall develop skill progression-based course outlines identifying the primary and secondary data to be mastered. The principal of the school shall collate and assimilate the information into one (1) outline, which shall be forwarded to the school district's central office. The local school board then shall collate and assimilate the data gathered from the various schools in that school district into one (1) outline to be submitted to the State Department of Education. The State Department of Education shall collate and assimilate the data gathered from the various school districts participating in the pilot program into one (1) outline. The department shall submit the final outline to a panel of university and college educators for revision. |
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| 46 | 46 | | |
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| 47 | 47 | | (3) The State Department of Education shall provide standardized tests for the core curriculum defined in this section. Local school districts shall administer the standardized tests in particular subject areas to all students in the public schools on the same day, as designated by the State Department of Education. In administering the tests, a classroom teacher may not be permitted to monitor the testing of that teacher's students. All tests must be scored by machine, and the test results may be posted only in a pass or fail format. |
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| 48 | 48 | | |
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| 49 | 49 | | (4) The State Board of Education shall establish the number of hours of actual teaching which constitutes a school day in those school districts participating in the Trimester School Year Pilot Program. The number of hours of each school day must be sufficient to satisfy the core curriculum requirements established in this section. |
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| 50 | 50 | | |
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| 51 | 51 | | SECTION 4. In order to sufficiently fund school districts participating in the Trimester School Year Pilot Program, the State Board of Education shall increase the annual funding for the participating school districts under the Mississippi Adequate Education Program by an amount determined by the following formula: The annual allocation to the particular school district under the Mississippi Adequate Education Program will be divided by the average number of days that teachers and students are in actual attendance in all Mississippi school districts that are not participating in the pilot program. This sum, which represents the Mississippi Adequate Education Program daily allotment, will be multiplied by the difference between two hundred twenty-five (225) and the average number of days that teachers and students are in actual attendance in all Mississippi school districts that are not participating in the pilot program. The result of the last calculation will be added to the annual allocation to the particular school district under the Mississippi Adequate Education Program. |
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| 52 | 52 | | |
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| 53 | 53 | | SECTION 5. Section 37-9-24, Mississippi Code of 1972, is amended as follows: |
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| 54 | 54 | | |
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| 55 | 55 | | 37-9-24. (1) Except as otherwise provided in this section, no school district shall contract with any licensed personnel for a number of employment days which shall be less than one hundred eighty-five (185). |
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| 56 | 56 | | |
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| 57 | 57 | | Beginning with the 1994-1995 school year, no school district shall contract with any licensed personnel for less than one hundred eighty-seven (187) employment days. |
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| 58 | 58 | | |
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| 59 | 59 | | (2) Licensed personnel may be employed for less than a full school year if the contract states the exact period of time for which the licensed person is to be employed. |
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| 60 | 60 | | |
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| 61 | 61 | | (3) Each school district participating in the Trimester School Year Pilot Program and executing employment contracts before July 1, 2026, having a term of two hundred thirty-two (232) or more employment days for the 2026-2027 school year, shall increase the term of the standard one hundred eighty-seven-day contract by no less than forty-five (45) employment days; however, the annual salary established in the contract for the licensed personnel may be increased using any local supplement or state funds made available to the participating school district due to the number of employment days required under this subsection. This subsection shall stand repealed on July 1, 2028. |
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| 62 | 62 | | |
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| 63 | 63 | | SECTION 6. Section 37-13-63, Mississippi Code of 1972, is amended as follows: |
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| 64 | 64 | | |
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| 65 | 65 | | 37-13-63. (1) Except as otherwise provided under subsections (2) and (3) of this section, and Sections 2 and 4 of this act, all public schools in the state shall be kept in session for at least one hundred eighty (180) days in each scholastic year. |
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| 66 | 66 | | |
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| 67 | 67 | | (2) If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a scholastic year as contemplated due to an enemy attack, a man-made, technological or natural disaster or extreme weather emergency in which the Governor has declared a disaster or state of emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board may notify the State Department of Education of the disaster or weather emergency and submit a plan for altering the school term. If the State Board of Education finds the disaster or extreme weather emergency to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor's or President's disaster or state of emergency declaration, it may permit that school board to operate the schools in its district for less than one hundred eighty (180) days; however, in no instance of a declared disaster or state of emergency under the provisions of this subsection shall a school board receive payment from the State Department of Education for per pupil expenditure for pupils in net enrollment in excess of ten (10) days. |
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| 68 | 68 | | |
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| 69 | 69 | | (3) A school district that is selected for participation in the Trimester School Year Pilot Program, established under Sections 1 through 4 of this act, must be kept in session for at least two hundred twenty-five (225) days for the duration of the pilot program beginning with the 2026-2027 school year, and may only be reduced in the event it is determined by the school board of the participating school district that it is not economically feasible or practicable to do so for reasons outlined in subsection (2) of this section. |
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| 70 | 70 | | |
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| 71 | 71 | | SECTION 7. Section 37-13-67, Mississippi Code of 1972, is amended as follows: |
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| 72 | 72 | | |
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| 73 | 73 | | 37-13-67. Except as otherwise provided under Section 3 of House Bill No. , 2025 Regular Session, for school districts participating in the Trimester School Year Pilot Program, the number of hours of actual teaching which shall constitute a school day shall be determined and fixed by the board of trustees of the school district at not less than five and one-half (5-1/2) hours. |
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| 74 | 74 | | |
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| 75 | 75 | | SECTION 8. Section 37-13-91, Mississippi Code of 1972, is amended as follows: |
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| 76 | 76 | | |
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| 77 | 77 | | 37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law." |
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| 78 | 78 | | |
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| 79 | 79 | | (2) The following terms as used in this section are defined as follows: |
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| 80 | 80 | | |
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| 81 | 81 | | (a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted. |
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| 82 | 82 | | |
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| 83 | 83 | | (b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction. |
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| 84 | 84 | | |
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| 85 | 85 | | (c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child. |
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| 86 | 86 | | |
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| 87 | 87 | | (d) "School day" means not less than five and one-half (5-1/2) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork. |
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| 88 | 88 | | |
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| 89 | 89 | | (e) "School" means any public school, including a charter school, in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, or in the case of school districts participating in the Trimester School Year Pilot Program established under Sections 1 through 4 of this act, two hundred twenty-five days (225) of school, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade. |
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| 90 | 90 | | |
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| 91 | 91 | | (f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program. |
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| 92 | 92 | | |
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| 93 | 93 | | (g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89. |
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| 94 | 94 | | |
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| 95 | 95 | | (h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster. |
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| 96 | 96 | | |
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| 97 | 97 | | (i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs. |
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| 98 | 98 | | |
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| 99 | 99 | | (3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances: |
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| 100 | 100 | | |
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| 101 | 101 | | (a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation. |
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| 102 | 102 | | |
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| 103 | 103 | | (b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for children with physical or mental disadvantages or disabilities. |
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| 104 | 104 | | |
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| 105 | 105 | | (c) When a compulsory-school-age child is being educated in a legitimate home instruction program. |
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| 106 | 106 | | |
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| 107 | 107 | | The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any charter school or nonpublic school, or the appropriate school official for any or all children attending a charter school or nonpublic school shall complete a "certificate of enrollment" in order to facilitate the administration of this section. |
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| 108 | 108 | | |
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| 109 | 109 | | The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only: |
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| 110 | 110 | | |
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| 111 | 111 | | (i) The name, address, telephone number and date of birth of the compulsory-school-age child; |
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| 112 | 112 | | |
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| 113 | 113 | | (ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child; |
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| 114 | 114 | | |
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| 115 | 115 | | (iii) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a nonpublic school, the name and address of the school; and |
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| 116 | 116 | | |
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| 117 | 117 | | (iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a charter school or nonpublic school, the signature of the appropriate school official and the date signed. |
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| 118 | 118 | | |
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| 119 | 119 | | The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section. However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection. |
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| 120 | 120 | | |
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| 121 | 121 | | For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law. |
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| 122 | 122 | | |
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| 123 | 123 | | (4) An "unlawful absence" is an absence for an entire school day or during part of a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. For purposes of reporting absenteeism under subsection (6) of this section, if a compulsory-school-age child has an absence that is more than thirty-seven percent (37%) of the instructional day, as fixed by the school board for the school at which the compulsory-school-age child is enrolled, the child must be considered absent the entire school day. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school. |
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| 124 | 124 | | |
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| 125 | 125 | | Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee: |
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| 126 | 126 | | |
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| 127 | 127 | | (a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity. |
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| 128 | 128 | | |
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| 129 | 129 | | (b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school. |
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| 130 | 130 | | |
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| 131 | 131 | | (c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official. |
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| 132 | 132 | | |
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| 133 | 133 | | (d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters. |
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| 134 | 134 | | |
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| 135 | 135 | | (e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child. |
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| 136 | 136 | | |
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| 137 | 137 | | (f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness. |
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| 138 | 138 | | |
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| 139 | 139 | | (g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child. |
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| 140 | 140 | | |
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| 141 | 141 | | (h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence, but the approval shall not be unreasonably withheld. |
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| 142 | 142 | | |
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| 143 | 143 | | (i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law. |
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| 144 | 144 | | |
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| 145 | 145 | | (j) An absence is excused when it results from the attendance of a compulsory-school-age child participating in official organized events sponsored by the 4-H or Future Farmers of America (FFA). The excuse for the 4-H or FFA event must be provided in writing to the appropriate school superintendent by the Extension Agent or High School Agricultural Instructor/FFA Advisor. |
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| 146 | 146 | | |
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| 147 | 147 | | (k) An absence is excused when it results from the compulsory-school-age child officially being employed to serve as a page at the State Capitol for the Mississippi House of Representatives or Senate. |
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| 148 | 148 | | |
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| 149 | 149 | | (5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39. |
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| 150 | 150 | | |
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| 151 | 151 | | Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance. |
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| 152 | 152 | | |
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| 153 | 153 | | (6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent, or his designee, shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur. |
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| 154 | 154 | | |
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| 155 | 155 | | (7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92. |
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| 156 | 156 | | |
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| 157 | 157 | | (8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section. |
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| 158 | 158 | | |
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| 159 | 159 | | (9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program. |
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| 160 | 160 | | |
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| 161 | 161 | | SECTION 9. Section 37-151-211, Mississippi Code of 1972, is amended as follows: |
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| 162 | 162 | | |
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| 163 | 163 | | 37-151-211. (1) (a) Before February 1 of each year, the tax assessor of each county shall file reports with the State Department of Education which provide information essential to the department in determining the local contribution that each school district or charter school is required to provide toward the cost of local school funding. A separate report must be filed for each school district or part of a school district situated in the county and must include the following information: |
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| 164 | 164 | | |
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| 165 | 165 | | (i) The total assessed valuation of nonexempt property for school purposes in each school district; |
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| 166 | 166 | | |
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| 167 | 167 | | (ii) Assessed value of exempt property owned by homeowners aged sixty-five (65) or older or disabled, as defined in Section 27-33-67(2); |
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| 168 | 168 | | |
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| 169 | 169 | | (iii) The school district's tax loss from exemptions provided to applicants under the age of sixty-five (65) and not disabled, as defined in Section 27-33-67(1); and |
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| 170 | 170 | | |
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| 171 | 171 | | (iv) The school district's homestead reimbursement revenues. |
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| 172 | 172 | | |
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| 173 | 173 | | (b) The State Department of Education shall prepare and make available to the tax assessor of each county a form for the reports required under paragraph (a) of this subsection (1)(a). |
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| 174 | 174 | | |
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| 175 | 175 | | (2) (a) The department shall use the information submitted pursuant to subsection (1) to calculate and certify to each school district the millage required to raise its minimum local tax effort, which must be the value of not less than twenty-eight (28) mills for the then current fiscal year or a millage rate equivalent to twenty-seven percent (27%) of the total funding formula funds for the school district, any charter schools, and any Mississippi Achievement School District Schools located in its boundaries, whichever is a lesser amount as certified to the school district by the department, upon all of the taxable property of the school district, including the following sources: |
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| 176 | 176 | | |
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| 177 | 177 | | (i) One hundred percent (100%) of Grand Gulf income, as prescribed in Section 27-35-309; and |
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| 178 | 178 | | |
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| 179 | 179 | | (ii) One hundred percent (100%) of any fees in lieu of taxes, as prescribed in Section 27-31-104, in accordance with Section 37-57-1. |
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| 180 | 180 | | |
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| 181 | 181 | | (b) The department shall determine the local contribution of each school district or charter school based on the minimum local tax effort, as determined under paragraph (a), and shall certify this required local contribution to each school district or charter school, as follows: |
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| 182 | 182 | | |
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| 183 | 183 | | (i) For school districts in which there are no charter schools, the minimum local tax effort is the required local contribution for the school district. |
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| 184 | 184 | | |
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| 185 | 185 | | (ii) For school districts in which there is located one or more charter schools, the local contribution of the school district is the product of multiplying the local pro rata amount by the net enrollment of the school district. The department will calculate the local pro rata amount by dividing the school district's minimum local tax effort by the sum of the net enrollment of the school district, as determined by Section 37-151-207, and the projected enrollment of charter school students, as specified in Section 37-151-207, who reside or are estimated to reside in the district, but excluding from this projected enrollment any resident students who are projected to transfer from the district to a charter school after the calculation of the district's net enrollment, so as not to double-count those students. |
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| 186 | 186 | | |
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| 187 | 187 | | (iii) For each charter school, the local contribution is the sum of the local pro rata amount for each charter school student, as determined by Section 37-151-207, based on each student's district of residence. The department will calculate a local pro rata amount for each school district in which a student projected to attend the charter school resides or is estimated to reside using the methodology in subparagraph (ii) of this paragraph (b). |
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| 188 | 188 | | |
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| 189 | 189 | | (iv) In the case of an agricultural high school, the local contribution is based on an equitable amount per pupil, as determined by the State Board of Education. The State Board of Education shall set the millage requirement to generate such an amount and will certify this amount and millage requirement to agricultural high schools in the same manner as for all other school districts under this subsection. |
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| 190 | 190 | | |
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| 191 | 191 | | (3) Except as otherwise provided in Section 37-151-213(1), the required state share in support of each school district and charter school is determined by subtracting the required local contribution, which total amount may not exceed twenty-seven percent (27%) of the total projected funding formula cost, from the total projected funding formula cost, as determined under Sections 37-151-200 through 37-151-215, for the school district or charter school. |
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| 192 | 192 | | |
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| 193 | 193 | | (4) (a) If the school board of any school district or charter school governing board determines that it is not economically feasible or practicable to operate any school within the district or charter school for the full one hundred eighty (180) days * * *required for the school term of established for a scholastic year under Section 37-13-63 (1) and (2), due to an enemy attack, man-made, technological, or natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board or charter school governing board may notify the State Department of Education of the disaster and submit a plan for altering the school term. If the State Board of Education finds the disaster to be the cause of the school not operating for the contemplated school term and that the school is located in a school district covered by the Governor's or President's disaster declaration, the board may permit the schools located in that district to be operated for less than one hundred eighty (180) days and, in such case, the State Department of Education may not reduce the state share in support of the funding formula for that district or charter school because of the failure to operate those schools for one hundred eighty (180) days. |
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| 194 | 194 | | |
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| 195 | 195 | | (b) If the school board of any school district or charter school governing board participating in the Trimester School Year Pilot Program, established under Sections 1 through 4 of this act, shall determine that it is not economically feasible or practicable to operate any school within the district or charter school for the full two hundred twenty-five (225) days established for a scholastic year under Section 37-13-63 (3), due to an enemy attack, a man-made, technological or natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the participating school board or charter school governing board may notify the State Department of Education of such disaster and submit a plan for altering the school term. If the State Board of Education finds such disaster to be the cause of the school not operating for the statutorily required school term, and that such school was in a school district covered by the Governor's or President's disaster declaration, the board may permit the participating school board or charter school governing board to operate the schools in its district for less than two hundred twenty-five (225) days and, in such case, the State Department of Education shall not reduce the state contributions to the adequate education program allotment for such district, because of the failure to operate the schools for two hundred twenty-five (225) days. |
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| 196 | 196 | | |
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| 197 | 197 | | SECTION 10. This act shall take effect and be in force from and after July 1, 2025. |
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