7 Miss. Code. R. § 3-5100-5152 - New Start School Program Regulations
Current through April 7, 2022
Following receipt of the classification of failing for any school in the district, the local school board of the district in which the failing school is located shall initiate the notice required by Mississippi Code Ann. Section 37-167-1(3)(b) in a suitable newspaper. Publication of the notice will be at the earliest available date following the official release of accountability grades.
Notice shall substantially comply with Appendix One. The local school board shall bear all costs related to publication of the required notice.
Following completion of publication, the local school board shall promptly confirm in writing completion of publication to the Deputy Superintendent of Education responsible for the Mississippi Recovery School District (hereinafter in these Regulations "Deputy Superintendent").
When a school is classified as failing in any school year, the Deputy Superintendent or his/her designee may provide written notice to the principal and each employee that such school may be transformed into a new start school. The notice shall also state that if the school receives a classification of failing for the succeeding school year and transformation into a new start school occurs, the person's employment with the local school district may be terminated.
If a local school district has one or more schools designated as failing in any school year, the superintendent of that local school district shall be restricted only to travel that is mandated by law or prescribed by the State Department of Education as required by Mississippi Code Ann. Section 37-167-1(7). Additionally, the members of the local school board shall be restricted only to travel that is mandated by law or prescribed by the State Department of Education, and shall have the amount of their per diem and/or yearly rate reduced by half as required by Mississippi Code Ann. Section 37-167-1(8).
The local school district superintendent shall be responsible for sending financial statements to the Deputy Superintendent or his/her designee monthly to demonstrate that per diem amounts and travel were reduced as required.
If a school that has been classified by the State Department of Education as a failing school in any school year, the Mississippi Recovery School District shall take steps to facilitate the transformation of the failing school into a new start school. However, the school board of the local school district may appeal to the State Board of Education for an additional year by submitting a comprehensive plan of improvement. The State Board of Education may grant a one-year delay if it determines circumstances merit giving the school an additional year to achieve academic improvement. A template will be provided to schools as a guide, but additional items may be added to the plan as determined by the local school board. At a minimum, the following items must be included in the comprehensive plan of improvement:
Upon determining that a new start school must be established, the Deputy Superintendent shall issue a transformation plan for implementing the New Start School Program for the failing school. The transformation plan will be served on the local school board for the school district in which the failing school is located. The local school board, the superintendent of schools, and all others affected by the transformation of the failing school into a new start school shall comply with all requirements of the transformation plan.
At a minimum, the transformation plan shall include the following:
A transformation plan may be amended as may be required to implement the provisions of Mississippi Code Ann. Section 37-167-1 and these regulations.
The Mississippi Recovery School District shall have access to all books, records, files and other items in the possession of the local school district relating to the new start school. This includes, but is not limited to personnel records, student records, property book, bank and other accounts.
No person selected by the Deputy Superintendent to be principal of a new start school shall be subject to election and approval for employment by the local school board or the local superintendent until such time as control of such school is transferred to the local school district.
The Deputy Superintendent shall notify the superintendent of the school district of the person selected to be principal of the new start school, the terms of the contract of employment, and the time within which such contract must be executed.
The principal of a new start school shall select and recommend for employment all licensed (certified) and nonlicensed (classified) personnel at the new start school. Each teacher recommended for employment must be approved by the Deputy Superintendent.
Any employee of a failing school receiving an unsatisfactory employee evaluation may be terminated by the Mississippi Recovery School District upon the transformation of the former school into a new start school.
All employees of a new start school shall be employees of the local school district in which the new start school is located, and shall have all the benefits and privileges of a district employee except as indicated in Miss. Code Ann. Section 37-167-1 and these regulations. However, all such employees shall be under the supervision and direction of the Deputy Superintendent and his/her designated line of supervision.
No action by the local school board involving the academic, financial, managerial or operational functions of the new start school shall be effective without the approval of the Mississippi Recovery School District. The local school board shall keep the Deputy Superintendent informed of all matters involving the new start school so as to prevent disruption of operations in such school.
Students previously enrolled in, in attendance at and residing in the attendance zone of the former school are deemed to be enrolled in the new start school without the necessity of reapplying for enrollment. Students desiring to attend another school in the local school district or in another district may petition the local school board in accordance with applicable law and local school board policy.
Enrollment in and attendance at a new start school shall not limit a student's participation in district extracurricular activities.
Once it has been determined that a school is a new start school the following actions must take place:
The Deputy Superintendent or his/her designee shall inform the principal and employees of the line of supervision for the new start school. The principal and employees of the new start school shall adhere to this line of supervision for all purposes so long as such school remains under the Mississippi Recovery School District. All employee personnel action in a new start school shall be subject to approval by the line of supervision, including, but not limited to:
The Deputy Superintendent may establish requirements and standards for employees of a new start school that amend and/or supplement the local district's personnel policies.
Failure to comply with the implementation of the New Start School Program by any local school district will be considered a violation of the relevant provisions of the Mississippi Public School Accountability Standards.
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.