SCHOOL DISTRICT ORGANIZATION

 

 

 

SCHOOL DISTRICT LEGAL STATUS

 

AA

 

 

The public schools of Mississippi have been authorized and are controlled by the Constitution of the State of Mississippi, federal, state and local laws, and rules and regulations of the state and local Boards of Education.

 

The official name of the school system shall be the Long Beach School District. The title shall be used in all official documents.

 

The School District shall embrace and include the territory as established under statutes governing the extent of the school district and defined in court orders which apply, together with those individuals living on Sixteenth Section land.

 

The Mississippi Early Childhood Education Program shall be the kindergarten program implemented by local school districts under the provisions of the minimum education program. §37-21-6(1996)

 

There shall be maintained a uniform system of free public schools consisting of grades one through twelve, which may be divided among elementary schools, middle schools, junior high schools and high schools or any combination thereof, on such basis and in such grades as the Board of Trustees of the school district involved, in its discretion, shall deem necessary and desirable. §37-13-1(1954)

 

All school districts in the state (countywide, municipal separate, consolidated or line consolidated) have the same prerogatives, powers, duties and privileges. §37-6-3(1987)

 

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SCHOOL DISTRICT LIABILITY EXEMPTIONS

 

AAA

 

 

A school district and its employees acting within the course and scope of their employment or duties shall not be liable for any claim:

 

a.                   Arising out of a legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;

 

b.                   Arising out of any act or omission of an employee of a governmental entity exercising ordinary care in reliance upon, or in the execution or performance of, or in the failure to execute or perform, a statute, ordinance or regulation, whether or not the statute, ordinance or regulation be valid;

 

c.                   Arising out of any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating to police or fire protection unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury;

 

d.                   Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion is abused;

 

e.                   Arising out of an injury caused by adopting or failing to adopt a statute, ordinance or regulation;

 

f.                    Which is limited or barred by the provisions of any other law;

 

g.                   Arising out of the exercise of discretion in determining whether or not to seek or provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate government services;

 

h.                   Arising out of the issuance, denial, suspension or revocation of, or the failure or refusal to issue, deny, suspend or revoke any privilege, ticket, pass, permit, license, certificate, approval, order or similar authorization where the governmental entity or its employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked unless such issuance, denial suspension or revocation or refusal thereof, is of a malicious or arbitrary and capricious nature;

 

i.                     Arising out of the assessment or collection of any tax or fee;

 

j.                     Arising out of the detention of any goods or merchandise by any law enforcement officer, unless such detention is of a malicious or arbitrary and capricious nature;

 

k.                   Arising out of the imposition or establishment of a quarantine, whether such quarantine relates to persons or property;

 

l.                     Of any claimant who is an employee of a governmental entity and whose injury is covered by the Workers’ Compensation Law of this state by benefits furnished by the governmental entity by which he is employed;

 

m.                 Of any claimant who at the time the claim arises is an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution, regardless of whether such claimant is or is not an inmate of any detention center, jail, workhouse, penal farm, penitentiary or other such institution when the claim is filed;

 

n.                   Arising out of any work performed by a person convicted of a crime when the work is performed pursuant to any sentence or order of any court or pursuant to laws of the State of Mississippi authorizing or requiring such work;

 

o.                   Under circumstances where liability has been or is hereafter assumed by the United States, to the extent of such assumption of liability, including but not limited to any claim based on activities of the Mississippi National Guard when such claim is cognizable under the National Guard Tort Claims Act of the United States, 32 USC 715 (32 USCS 715), or when such claim accrues as a result of active federal service or state service at the call of the Governor for quelling riots and civil disturbances;

 

p.                   Arising out of a plan or design for construction or improvements to public property, including but not limited to, public buildings, highways, roads, streets, bridges, levees, dikes, dams, impoundments, drainage channels, diversion channels, harbors, ports, wharfs or docks, where such plan or design has been approved in advance of the construction or improvement by the legislative body or governing authority of a governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval, and where such plan or design is in conformity with engineering or design standards in effect at the time of preparation of the plan or design;

 

q.                   Arising out of an injury caused solely by the effect of weather conditions on the use of streets and highways;

 

r.                    Arising out of the lack of adequate personnel or facilities at a state hospital or state corrections facility if reasonable use of available appropriations has been made to provide such personnel or facilities;

 

s.                   Arising out of loss, damage or destruction of property of a patient or inmate of a state institution;

 

t.                    Arising out of any loss of benefits or compensation due under a program of public assistance or public welfare;

 

u.                   Arising out of or resulting from riots, unlawful assemblies, unlawful public demonstrations, mob violence or civil disturbances;

 

v.                   Arising out of an injury caused by a dangerous condition on property of the governmental entity that was not caused by the negligent or other wrongful conduct of an employee of the governmental entity or of which the governmental entity did not have notice, either actual or constructive, and adequate opportunity to protect or warn against; provided, however, that a governmental entity shall not be liable for the failure to warn of a dangerous condition which is obvious to one exercising due care;

 

w.                 Arising out of absence, condition, malfunction or removal by third parties of any sign, signal, warning device, illumination device, guardrail or median barrier, unless the absence, condition, malfunction or removal is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice.

 

x.                   Arising out of the administration of corporal punishment or the taking of any action to maintain control and discipline of students, as defined in Section 37-11-57, by a teacher, assistant teacher, principal, or assistant principal of a public school district in the state unless the teacher, assistant teacher, principal, or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety. §11-46-9

 

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LEGAL STATUS OF BOARD OF TRUSTEES

 

AB

 

 

The School District Board of Trustees derives its legal status from the State Legislature which is subject to the Constitution of the State of Mississippi and the Constitution of the United States. Accordingly, education is a state function. The Board of Trustees is subject to legislative action and acts as an agent for the State of Mississippi.

 

The Constitution of the State of Mississippi stipulates that the responsibility for establishing and maintaining the public schools rests with the Mississippi Legislature. The State Constitution further provides for a State Board of Education and provides that local public schools, under the general supervision of the State Board of Education, shall be maintained, developed, and operated by locally elected or appointed Boards. Legally, local School Boards are instruments of the Mississippi Legislature and derive their authority from the Mississippi Legislature and the regulations of the State Board of Education as set forth in the Mississippi Constitution, Mississippi Code of 1972 Annotated.

 

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POWERS AND DUTIES – BOARD OF EDUCATION

 

ABB

 

 

This School Board shall have the following powers, authority and duties in addition to all others imposed or granted by law, to wit:

(a) To organize and operate the schools of this district and to make such division between the high school grades and elementary grades as, in their judgment, will serve the best interests of the school;

(b) To introduce public school music, art, manual training and other special subjects into either the elementary or high school grades, as the Board shall deem proper;

(c) To be the custodians of real and personal school property and to manage, control and care for same, both during the school term and during vacation;

(d)                To have responsibility for the erection, repairing and equipping of school facilities and the making of necessary school improvements;

 

(e)                To expel a student or to change placement to an alternative school or a homebound program for misconduct in the school; on the road to and from school; at any school related activity or event; or on property other than school property or other than at a school related event (Authority exists when the superintendent or principal determines that such misconduct renders the pupil’s presence in the classroom a disruption to the educational environment or a detriment to the best interest and welfare of the students and teacher of such class as a whole);

 

(f) To visit schools in the district, in their discretion, in a body for the purpose of determining what can be done for the improvement of the school in a general way;

(g) To support, within reasonable limits, the superintendent, assistant superintendent, principal and teachers where necessary for the proper discipline of the school;

 

(h) To exclude from the schools students with what appears to be infectious or contagious diseases; provided, however, such student may be allowed to return to school upon presenting a certificate from a public health officer or duly licensed physician or nurse practitioner that the student is free from such disease;

(i) To require those vaccinations specified by the State Health Officer as provided in Section 41‑23‑37, Mississippi Code of 1972;

(j)                  To see that all necessary utilities and services are provided in the schools at all times when same are needed;

 

(k) To authorize the use of the school buildings and grounds for the holding of public meetings and gatherings of the people under such regulations as may be prescribed by said Board;

(l)                  To prescribe and enforce rules and regulations not inconsistent with law or with the regulations of the State Board of Education for their own government and for the government of the schools, and to transact their business at regular and special meetings called and held in the manner provided by law;

 

(m) To maintain and operate all of the schools under their control for such length of time during the year as may be required;

(n) To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities;

(o) To make orders directed to the Superintendent of Schools or Assistant superintendent for the issuance of pay certificates for lawful purposes on any available funds of the district and to have full control of the receipt, distribution, allotment and disbursement of all funds provided for the support and operation of the schools of such school district whether such funds be derived from state appropriations, local ad valorem tax collections, or otherwise;

(p) To select all school district personnel in the manner provided by law, and to provide such employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by this Board;

(q) To provide athletic programs and other school activities and to regulate the establishment and operation of such programs and activities;

(r) To join, in their discretion, any association of school boards and other public school related organizations, and to pay from local funds other than minimum foundation funds, any membership dues;

(s)                To expend local school activity funds, or other available school district funds, other than minimum education program funds, for the purposes prescribed under this paragraph.

 

"Activity funds" shall mean all funds received by school officials of this school district paid or collected to participate in any school activity, such activity being part of the school program and partially financed with public funds or supplemented by public funds. The term "activity funds" shall not include any funds raised and/or expended by any organization unless commingled in a bank account with existing activity funds, regardless of whether the funds were raised by school employees or received by school employees during school hours or using school facilities, and regardless of whether a school employee exercises influence over the expenditure or disposition of such funds. Organizations shall not be required to make any payment to any school for the use of any school facility if, in the discretion of the School Board, the organization's function shall be deemed to be beneficial to the official or extracurricular programs of the school. For the purposes of this provision, the term "organization" shall not include any organization subject to the control of the School Board. Activity funds may only be expended for any necessary expenses or travel costs, including advances, incurred by students and their chaperons in attending any in‑state or out‑of‑state school‑related programs, conventions or seminars and/or any commodities, equipment, travel expenses, purchased services or school supplies which the School Board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district, including items which may subsequently become the personal property of individuals, including yearbooks, athletic apparel, book covers and trophies. Activity funds may be used to pay travel expenses of school district personnel. The School Board shall be authorized and empowered to promulgate rules and regulations specifically designating for what purposes school activity funds may be expended. The School Board shall provide (a) that such school activity funds shall be maintained and expended by the principal of the school generating the funds in individual bank accounts, or (b) that such school activity funds shall be maintained and expended by the Superintendent of Schools in a central depository approved by the board. The School Board shall provide that such school activity funds be audited as part of the annual audit in Section 37‑9‑18. The State Auditor shall prescribe a uniform system of accounting and financial reporting for all school activity fund transactions;

 

(t) To contract, on a shared savings, lease or lease purchase basis, for energy efficiency services and/or equipment as provided for in Section 31‑7‑14, not to exceed ten (10) years;

(u)                To maintain accounts and issue pay certificates on school food service bank accounts;

 

(v) ( i) To lease a school building from an individual, partnership, nonprofit corporation or a private for‑profit corporation for the use of such school district, and to expend funds therefor as may be available from any non‑minimum program sources. The School Board of the school district desiring to lease a school building shall declare by resolution that a need exists for a school building and that the school district cannot provide the necessary funds to pay the cost or its proportionate share of the cost of a school building required to meet the present needs. The resolution so adopted by the School Board shall be published once each week for three (3) consecutive weeks in a newspaper having a general circulation in the school district involved, with the first publication thereof to be made not less than thirty (30) days prior to the date upon which the School Board is to act on the question of leasing a school building. If no petition requesting an election is filed prior to such meeting as hereinafter provided, then the School Board may, by resolution spread upon its minutes, proceed to lease a school building. If at any time prior to said meeting a petition signed by not less than twenty percent (20%) or fifteen hundred (1500) whichever is less, of the qualified electors of the school district involved shall be filed with the School Board requesting that an election be called on the question, then the School Board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon the question of authorizing the School Board to lease a school building. Such election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the questions of the issuance of the bonds of school districts, and the results thereof shall be certified to the School Board. If at least three‑fifths (3/5) of the qualified electors of the school district who voted in such election shall vote in favor of the leasing of a school building, then the School Board shall proceed to lease a school building. The term of the lease shall not exceed twenty (20) years, and the total cost of such lease shall be either the amount of the lowest and best bid accepted by the School Board after advertisement for bids or an amount not to exceed the current fair market value of the lease as determined by the averaging of at least two (2) appraisals by members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers. The term "school building" as used in this item (v) shall be construed to mean any building or buildings used for classroom purposes in connection with the operation of schools and shall include the site therefor, necessary support facilities, and the equipment thereof and appurtenances thereto such as heating facilities, water supply, sewage disposal, landscaping, walks, drives, and playgrounds. The term "lease" as used in this item (v)(I) may include a lease/purchase contract;

(ii) If two (2) or more school districts propose to enter into a lease contract jointly, then joint meetings of the School Boards having control may be held but no action taken shall be binding on any such school district unless the question of leasing a school building is approved in each participating school district under the procedure hereinabove set forth in item (v)(I). All of the provisions of item (v)(I) regarding the term and amount of the lease contract shall apply to the School Boards of school districts acting jointly. Any lease contract executed by two (2) or more school districts as joint lessees shall set out the amount of the aggregate lease rental to be paid by each, which may be agreed upon, but there shall be no right of occupancy by any lessee unless the aggregate rental is paid as stipulated in the lease contract. All rights of joint or leases under the lease contract shall be in proportion to the amount of lease rental paid by each;

(w)              To employ all noninstructional and non-licensed employees and fix the duties and compensation of such personnel deemed necessary pursuant to the recommendation of the Superintendent of Schools or the administrative superintendent;

 

(x)                To employ and fix the duties and compensation of such legal counsel as deemed necessary;

 

(y)                Subject to rules and regulations of the State Board of Education, to purchase, own and operate trucks, vans and other motor vehicles, which shall bear the proper identification required by law;

 

(z)                To expend funds for the payment of substitute teachers and to adopt reasonable regulations for the employment and compensation of such substitute teachers;

(aa) To acquire in its own name by purchase all real property which shall be necessary and desirable in connection with the construction, renovation or improvement of any public school building or structure. If the Board shall be unable to agree with the owner of any such real property in connection with any such project, the Board shall have the power and authority to acquire any such real property by condemnation proceedings pursuant to Sections 11‑27‑1 et seq., Mississippi Code of 1972, and for such purpose, the right of eminent domain is hereby conferred upon and vested in said Board. Provided further, that the local School Board is authorized to grant an easement for ingress and egress over sixteenth section land or lieu land in exchange for a similar easement upon adjoining land where the exchange of easements affords substantial benefit to the sixteenth section land; provided, however, the exchange must be based upon values as determined by a competent appraiser, with any differential in value to be adjusted by cash payment. Any easement rights granted over sixteenth section land under such authority shall terminate when the easement ceases to be used for its stated purpose. No sixteenth section or lieu land which is subject to an existing lease shall be burdened by any such easement except by consent of the lessee or unless the school district shall acquire the unexpired leasehold interest affected by the easement;

(bb) To charge reasonable fees related to the educational programs of the district, in the manner prescribed in Section 37-7-335;

(cc) Subject to rules and regulations of the State Board of Education, to purchase relocatable classrooms for the use of such school district, in the manner prescribed in Section 37-1-13;

 

(dd) Enter into contracts or agreements with other districts, political subdivisions or governmental entities to carry out one or more of the powers or duties of the School Board, or to allow more efficient utilization of limited resources for providing services to the public;

 

(ee) To provide for in-service training for employees of the district. Until June 30, 1994, the School Boards may designate two (2) days of the minimum school term, as defined in Section 37-19-1, for employee in-service training for implementation of the new statewide testing system as developed by the State Board of Education. Such designation shall be subject to approval by the State Board of Education pursuant to uniform rules and regulations;

 

(ff) The School Boards of all school districts as part of their duties to prescribe the use of textbooks, may provide that parents and legal guardians shall be responsible for the textbooks and for the compensation to the school district for any books which are not returned to the proper schools upon the withdrawal of their dependent child. If a textbook is lost or not returned by any student who drops out of the public school district, the parent or legal guardian shall also compensate the school district for the fair market value of the textbooks;

 

(gg) To conduct fund-raising activities on behalf of the school district that the School Board, in its discretion, deems appropriate or beneficial to the official or extracurricular programs of the district; provided that:

 

(i) Any proceeds of the fund-raising activities shall be treated as "activity funds" and shall be accounted for as are other activity funds under this section; and

 

(ii) Fund-raising activities conducted or authorized by the Board for the sale of school pictures, the rental of caps and gowns or the sale of graduation invitations for which the School Board receives a commission, rebate or fee shall contain a disclosure statement advising that a portion of the proceeds of the sales or rentals shall be contributed to the student activity fund;

 

(hh) To allow individual lessons for music, art and other curriculum-related activities for academic credit or nonacademic credit during school hours and using school equipment and facilities, subject to uniform rules and regulations adopted by the School Board;

 

(ii) To charge reasonable fees for participating in an extracurricular activity for academic or nonacademic credit for necessary and required equipment such as safety equipment, band instruments and uniforms;

 

(jj) To conduct or participate in any fund-raising activities on behalf of or in connection with a tax-exempt charitable organization;

 

(kk)            To exercise such powers as may be reasonably necessary to carry out the provisions of this section; and

 

(ll)                To expend funds for the services of nonprofit arts organizations or other such nonprofit organizations who provide performances or other services for the students of the school district.

In addition to those powers granted by Section 37-7-301 listed above, this School Board may exercise general home rule authority as provided under Section 37-17-11.

 

Also refer to Mississippi Public School Accountability Standards.

 

 

 

PROCESS STANDARDS

 

ADMINISTRATION AND PERSONNEL

 

1.                School board members complete required basic and continuing education programs. {MS Code 37-3-4(5) and 37-7-306(1-4)}

 

2.                School board policies that comply with state and federal statutes, rules, and regulations serve as the basis of operation for the district, and current copies of school board policies are published and available for public review. {MS Code 25-61-1 through 17; 37-9-1 through 75; 37-9-101 through 113; 37-7-301(p)(w); and Federal Civil Rights Act of 1964}

 

3.                The school board assigns all executive and administrative duties to the superintendent, who is properly licensed and chosen in the manner prescribed by law. {MS Code 37-6-3(3-4); 37-9-7, 13, 14; 37-19-1(d); and 37-61-9}

 

4.                The school district employs an appropriately licensed full-time principal at each school. {MS Code 37-9-7,15}

 

5.                The school district employs in each school a licensed librarian or media specialist who devotes no more than one-fourth of the workday to library/media administrative activities. {MS Code 37-17-6(3)(a-e)}

5.1               If the student enrollment is 499 or less, a half-time licensed librarian or media specialist is required.

5.2               If the student enrollment is 500 or more, a full-time licensed librarian or media specialist is required.

 

6.                Student support services (appraisal, academic, and/or personal advisement, and educational and/or career planning and referral) are provided in each high school by at least a half-time appropriately licensed guidance counselor. Students in elementary schools have access to student support services (as previously noted) provided by a counselor, social worker, nurse, or other student support personnel.

 

7.                The school district employs a school business officer/administrator whose qualifications meet the criteria established by the Mississippi Department of Education and whose primary job responsibilities are conducting, supervising, and/or directing the financial affairs and operations of the school district.

 

8.                All district professional positions requiring licensed staff are filled by staff who are properly licensed and endorsed. {MS Code 37-9-7} EXCEPTIONS:

8.1               The professional staff in each school is comprised of no more than 5% of Full Time Equivalent (FTE) units working outside the area or areas of endorsement. (An appropriate license is required for superintendents, principals, librarians, and high school guidance counselors.) {MS Code 37-3-2(6)(e-f)}

8.2               Secondary teachers endorsed in an academic subject area may teach in their academic subject area in departmentalized elementary grades 5 and 6. (SB Policy DFB-1)

8.3               Assistant principals and administrative interns who are not properly endorsed may be included in the 5% FTE working outside their area of endorsement, provided that they do not act in the place of the principal.

 

9.                The school district implements a formal personnel appraisal system for licensed staff that includes assessment of employee on-the-job performance. {MS Code 37-3-46(b)}

 

10.             The school district operates with a financial accounting system as prescribed by the State Auditor’s Office. The most recent annual audit report of the school district, as conducted under the guidelines of the State Auditor’s Office, indicates that the auditor has issued an unqualified opinion (as defined by generally accepted auditing standards) on the general purpose financial statements of the school district. {MS Code 37-9-18, 37-37-1, and 37-61-23}

10.1            The board of education has implemented a fixed asset system of accountability that complies with the standards established by the State Auditor’s Office for the verification of fixed assets and the auditing of fixed assets records. {MS Code 37-17-6(16)}

10.2            The financial accounting data and the corresponding annual audit report as submitted to the Mississippi Department of Education reflect no less than a zero fund balance (as defined by generally accepted accounting principles) for all funds of the school district. {MS Code 37-61-9}

 

11.             The board of education budgets and expends from the District Maintenance Fund (Fund #1120) a minimum of $20.00 per student for instructional/library supplies, materials, and equipment.

 

12.             Funds available for classroom supplies, materials, and equipment from the Education Enhancement Fund (Fund #2440) are allotted and expended in compliance with Section 37-61-33, Mississippi Code of 1972, as amended, and State Board of Education Policy DFBI.

 

SCHOOL OPERATIONS AND CLIMATE

 

13.             The school district complies with state law and State Board of Education policy on residency requirements {MS Code 37-15-29 and SB Policy JBCA}, immunization requirements {MS Code 37-7-301(i), 37-15-1, and 41-23-37}, and entry requirements. {MS Code 37-15-9}

 

14.             Any transfer student from a school or program (correspondence, tutorial, or home study) not accredited regionally or by a state board of education [or its designee(s)] is given either a standardized achievement test(s) or teacher-made special subject test(s) to determine the appropriate classification of the student within 30 days after filing for transfer. Notice of the administering of such test(s) shall be given to the applicant not less than five days prior to the date of the administration of such test. {MS Code 37-15-33}

 

15.             Permanent records and cumulative folders for individual students contain all required data and are collected, maintained, and disseminated in compliance with state law, the Family Educational Rights and Privacy Act of 1974, and the Confidentiality Section of P.L. 94-142. (See Appendix E) {MS Code 37-15-1 through 3}

 

16.             The school district engages in planning to review the educational status of the district and to address specific actions relative to accreditation and performance separately.

 

17.             The school district implements procedures for monitoring and reporting student absences as specified in the Mississippi Compulsory Attendance Law. {MS Code 37-13-91}

 

18.             The school district implements programs designed to keep students in school and to lower student dropout rates. {MS Code 37-3-46(c)}

 

19.             There is an organized system to encourage community involvement, parental communication, and business partnerships in school district decision making. {MS Code 37-7-337}

 

20.             The academic year provides a minimum of 180 teaching days that meet the following criteria: {MS Code 37-13-61 through 69 and 37-19-1(h)}

20.1            The opening date of the school year for students is scheduled no earlier than August 1 and the closing date no later than June 15. {MS Code 37-13-61} (SB Policy AEA)

20.2            The teaching day must provide at least 330 minutes of instruction per day or 27.5 hours per five-day week. The school district must ensure that during the academic school year a minimum of 140 hours of instruction is provided for each Carnegie unit of credit offered. {MS Code 37-13-67}

20.3            Two of the 180 days may be 60% days, provided that there are 198 minutes of actual instruction or testing and the remainder of each day is used for professional development or other activities related to instruction.

20.4            The school district schedules preparation for graduation ceremonies in such manner that graduating seniors are absent from classes for no more than three days prior to the end of the school year (177 days).

20.5            The summer school/extended year program meets all applicable requirements of the regular school program. {MS Code 37-3-49}

-          Students from other schools enrolled in summer programs provide written approval from the principal of their home schools.

-          Students enrolled in an extended year program complete all remaining course/subject requirements/objectives before credit for the course/subject is issued.

-          Students enrolled in a summer program are limited to earning one Carnegie unit of credit during the summer school session.

 

21.               The school district requires each student, in order to receive a high school diploma, to have met the requirements established by its local board of education and by the State Board of Education. {MS Code 37-16-7} (SB Policy IHF-1 and 2)

 

22.               Each student receiving a standard diploma has earned a minimum of 28 Carnegie units. (See Appendix A.) (SB Policy ICFA-1)

22.1 Each student receiving a standard diploma has achieved a passing score on each of the required high school exit examinations. {MS Code-37-16-7} (SB Policy IIB-1)

22.2 Each student who has completed the secondary curriculum for special education may be issued a special diploma or certificate of completion which states: “This student has successfully completed an Individualized Education Program.” {MS Code 37-16-11}

22.3 The student who fails to meet the graduation requirements is not permitted to participate in graduation exercises.

 

Note: Carnegie units will be awarded for Algebra I and Computer Discovery taken in the eighth grade.

 

23.               The school district is in compliance with state and/or federal requirements for the following programs:

23.1 Early Childhood Programs (kindergarten and teacher assistant) {MS Code 37-21-1 et seq.} (SB Policy IDAC)

23.2 Vocational-Technical Education {MS Code 37-31-1 et seq.} (SB Policies CT, DCK, DFBC, ECK, FJ, GBEA, IDAA, IL, JHF and Federal Code)

23.3 Special Education {MS Code 37-23-1 through 9} (SB Policies IDDF and Federal Code)

23.4 Child Nutrition {MS Code 37-11-7} (SB Policies EE and EEH and Federal Code)

23.5 No Child Left Behind Act: Titles I, II, IV, and VI (IDDB 2, 3 and Federal Code)

23.6 Technology in the Classroom {MS Code 37-151-19(3)} (SB Policy IM)

23.7 Driver Education {MS Code 37-25-1 et seq.} (SB Policy IDDE)

23.8 Pre-Kindergarten (Refer to the Mississippi Pre-Kindergarten Curriculum.)

23.9 Mississippi Curriculum Content Assessment System (See Appendix F.) {MS Code 37-16-1 through 4} {SBE Policy IIB-1, 3-6 and IHF-1 and 2}

23.10 Transportation Program {MS Code 37-41-53 (SB Policies ED-3, JGG-1, and IDDE)

23.11 School Safety Plan, including facilities that are clean, safe, and equipped to meet the instructional needs of students and staff {MS Code 37-3-81, 37-7-301(c)(d)(j), 3711-5 and 49, 37-17-6(20), and 45-11-10}

 

24.               The school district meets the following requirements for library-media services:

24.1 Each school has a library-media center with an organized collection of materials and equipment that represents a broad range of current learning media, including instructional technology.

24.2 The library staff offers a systematic program of service to students and staff by providing access to the materials and equipment, by providing instruction in the use of the materials and equipment, and by working with teachers and other staff members to provide learning activities for the students.

 

25.               The school district provides each student with appropriate equipment and laboratory experiences to meet the instructional requirements of the science program. (See Mississippi Science Framework, 2001.)

 

26.               The school district provides each student in each school with current or otherwise appropriate textbooks that are in good condition. {MS Code 37-43-1, 37-9-14(2)(b), and 37-7-301(ff)}

 

27.               The school district implements an instructional management system that has been adopted by the school board and that includes, at a minimum, the competencies required in the curriculum frameworks approved by the State Board of Education {MS Code 37-3-49}

 

28.               The district follows an established board policy that defines criteria for the academic promotion/progression/retention of students. *Such criteria prohibit the retention of students for extracurricular purposes. (SB Policies CRB-2 and IHE)

 

*Note: This portion of the standard will be jointly monitored and enforced by the State Board of Education and the Mississippi High School Activities Association.

 

29.               The school district provides an alternative education and/or GED program for the categories of students identified in MS Code 37-13-92, and the program meets the guidelines established by the State Board of Education. (See Guidelines for Alternative/GED School Programs.)

 

30.               Suggested teaching strategies, resources, and assessment strategies are available to teachers in each school for selection and use in teaching the required competencies. {MS Code 37-3-49}

 

31.               Each classroom teacher, excluding vocational teachers whose class periods exceed 50 minutes, has an unencumbered period of time during the teaching day to be used for individual or departmental planning.

 

31.1 If the school utilizes a traditional six-period day schedule, the instructional planning time provided for secondary teachers is a minimum of 225 minutes per week, exclusive of lunch period. If the school utilizes any form of a modular/block schedule, the instructional planning time provided is a minimum of either 225 minutes per week or an average of 225 minutes per week per instructional cycle, exclusive of lunch period.

31.2 Instructional planning time for the elementary school teacher is no less than 150 minutes per week, exclusive of lunch period.

 

32.               Individual teachers (grades 9-12) are limited to three course preparations per day or four at the discretion of the teacher.

 

33.               The basic curriculum of each high school consists of required and approved courses that generate at least 32 Carnegie units annually. (See Appendices B and C.) {MS Code 37-1-3(2)} (SB Policy ICF.)

 

Note: Any request for exemption from teaching the courses listed in Appendix B must be approved by the Commission on School Accreditation.

 

34.               The basic curriculum of each elementary or middle school (any configuration of grades K-8) consists of reading/language arts, mathematics, science, social studies, the arts, and physical education, which may be taught by a regular classroom teacher. {MS Code 37-1-3(2)}

 

35.               In kindergarten through grade 4 student teacher ratios do not exceed the following:

35.1 Student teacher ratios do not exceed 22 to 1 in kindergarten, except in instances in which a full-time assistant teacher is in the classroom. If a full-time assistant teacher is employed, 27 may be enrolled.

35.2 Student teacher ratios do not exceed 27 to 1 in classrooms serving grades 1 through 4 unless approved by the State Board of Education. {MS Code 37-19-5(1)} (SB Policy IEC)

 

36.               Student teacher ratios do not exceed 30 to 1 in self-contained classes serving grades 5-8.

 

37.               Student teacher ratios do not exceed 33 to 1 in departmentalized academic core classes serving grades 5-12.

 

38.               The total number of students taught by an individual teacher in academic core subjects at any time during the school year shall not exceed 150, unless approved by the State Board of Education. {MS Code 37-19-5(1)} (SB Policy IEC)

 

Note: A teacher who provides instruction through intra-district or inter-district distance learning will be exempt from the 150-student limitation. A lab facilitator or principal designee will be responsible for the assignment of grades and related activities at the receiving school.

 

BACK

 

 

NUMBER OF BOARD MEMBERS

 

ABCA

 

 

This school district shall be governed by a School Board consisting of five (5) members, selected in the manner provided by law.

MS CODE §37-6-7 (1987)

 

Also see ABCD.

 

 BACK

 

 

BOARD MEMBERS QUALIFICATIONS

 

ABCB

 

 

In order for a person to be eligible to hold the office of trustee of any school district, such person must be a bona fide resident and a qualified elector of such school district, and, in the case of a school district lying in two or more counties, but not including municipal separate school districts, such person must be a bona fide resident and a qualified elector of the territory entitled to such representation on the board §37-7-201 (1968)

 

No person who is a member of the appointing body, or who is an employee of the municipality, or who is a member of the county board of education, or who is a trustee of any public, private or sectarian school or college located in the county, inclusive of the municipal separate school district, or who is a teacher in or a trustee of said school district shall be eligible for appointment to a municipal separate school district board of trustees. §37-7-203 (1985)

 

(1)                Every school board member selected after July 1, 2002, shall have a high school diploma or its equivalent.

 

(2)                Every school board member selected after July 1, 1993, shall be required to complete a basic course of training and education for local school board members, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring. Such basic course of training, approved by the State Board of Education, shall be conducted by the School Executive Management Institute of the State Department of Education or the Mississippi School Boards Association. Upon completion of the basic course of training, the School Executive Management Institute shall file a certificate of completion for the school board member with the office of the local school board. In the event that a board member fails to complete such training within six (6) months of his selection, or six (6) months from April 15, 1993, such board member shall no longer be qualified to serve and shall be removed from office.

 

(3)                In addition to meeting the requirements of subsection (2) of this section, after taking office, each school board member shall be required to file annually in the office of the school board a certificate of completion of a course of continuing education conducted by the Mississippi School Boards Association, the community/junior colleges, the state institutions of higher learning or other organizations approved by the State Board of Education.

 

(4)                Every school board member selected after July 1, 2002, shall spend at least one (1) full day in a school in the district they represent, without compensation.

 

(5)                Upon the failure of any school board member to file with the school board the certificate of completion of the basic or continuing course of training as provided in subsection (2) or (3) of this section, the school board member shall be removed from office by the Attorney General. In the event of a medical or other catastrophic hardship that prevents such school board member from obtaining the required training or filing such certificate, as may be defined by the State Board of Education by rule and regulation, an additional period of three (3) months may be allowed to satisfy the requirement of subsection (2) or (3). §37-7-306 (2000)

 

No person who is a resident of the territory embraced within a municipal separate school district or a special municipal separate school district shall be eligible to be a member of the county board of education. Qualified electors residing within a municipal separate school district or special municipal separate school district shall not be eligible to vote or participate in the election of members of the county board of education.

 

The provisions of this section shall be applicable in the case of a special municipal separate school district and a line consolidated school district of which another county is the home county which together occupy all of the territory of a supervisor’s district of the county. §37-5-3 (1962)

 

School board members should consult Title 37, Chapters 5 and 7 of the Mississippi Code for all qualifications and procedures.

 

IMPORTANT NOTICE

 

School board members are not relieved of their responsibility to seek preclearance by the Attorney General of the United States, or the District Court for the District of Columbia, pursuant to Section 5 of the Voting Rights Act of 1965, prior to making any changes affecting voting. For example: making changes in voting precinct lines, relocating voting places, setting the dates for special elections, and voting procedures, boundary changes, etc.

 

LEGAL REF.: MS CODE as cited

CROSS REF.: Policies ABB – Board Powers and Duties

ABCD – Method of Election

BBBC – Board Member Development Opportunity

 

 BACK

 

 

BOARD MEMBERS TERM OF OFFICE

 

 

ABCC

 

 

Each Board member is chosen for a term of five (5) years, but so chosen that the term of office of one member shall expire each year. The term of office shall commence on March 1.

 

The Board shall be composed of five (5) members.

 

MS CODE §37-7-203.


BACK

 

 

BOARD MEMBER METHOD OF SELECTION

 

 

ABCD

 

 

Board members shall be appointed by the Long Beach Board of Aldermen. Newly appointed member’s term shall begin with the first meeting in March.

 

MS CODE §37-7-203.

 

BACK

 

 

BOARD MEMBER UNEXPIRED TERM FULFILLMENT

 

 

ABCDA

 

 

Vacancies shall be filled for the remainder of the unexpired term by the City Council.

 

Legal Ref.: Mississippi Code §37-7-204

 BACK

 

 

BOARD MEMBER REMOVAL FROM OFFICE

 

ABCF

 

 

A trustee as an officer of the state is subject to removal if judged mentally ill, fails to discharge the duties of his/her office, fails to qualify as provided by law, ceases to be a resident of the district in which the duties of the office are discharged, is convicted of a felony or any offense involving moral turpitude.

 

 BACK

 

 

SUPERINTENDENT LEGAL STATUS

 

ABD

 

 

This school district shall have a Superintendent of Schools selected in the manner provided by law. No person shall be eligible to the office of Superintendent of Schools unless such person shall hold a valid administrator's license issued by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience. §37-9-13 (1997)

 

It shall be the duty of the Superintendent of Schools to administer the schools within his/her/her district and to implement the decisions of the School Board. §37-9-14 (1999)

 

In addition to all other powers, authority, and duties imposed or granted by law, the Superintendent of Schools shall have the powers, authority, and duties set forth in Section 37-9-14 (1995) and other such statutes.

 

The Board shall appoint a qualified Superintendent who is not a member of the Board for a term of not more than four years which term shall end on the last day of June. In the event that any vacancy occurs in the office of the Superintendent, the Board shall promptly fill such vacancy. Such vacancy may either be filled by appointment of an acting superintendent until the first day of July next following such an appointment, or may be filled by appointment of a superintendent. The Superintendent shall have charge and control of the public schools of the district subject to the orders, rules and regulations of the Board, and shall receive for his services such compensations as the Board shall allow.

 BACK

 

 

SCHOOL DISTRICT ORGANIZATION PLAN

 

AC

 

 

We believe that the Long Beach School District should be organized around a pattern that will give all students an opportunity to maximize their potential. We further recognize that no educational organization should be so solidified that new organizational patterns are difficult to implement as educational research gives us greater insights into how children learn.

 

At the present time, the general organizational plan found in the district provides that the instructional program has been divided into three levels which are to be known as the 6-3-4 plan. The elementary school program includes grades kindergarten through five (K-5); the middle school program includes grades six through eight (6-8), and the high school program grades nine through twelve (9-12).

 

School Board Policy

 

 BACK

 

 

SCHOOL CENSUS

 

ADA

 

 

A continuing census shall be kept of all children below the age of nineteen within this school district. Such records shall be kept as a part of the permanent office records of the superintendent of the district. §37-15-7 (1954)

 

LEGAL REF.: MS Code as cited

CROSS REF.: Policy CEB – Duties of Superintendent

 

 BACK

 

 

AVERAGE DAILY ATTENDANCE

 

ADB

 

 

The School Board of this District recognizes the importance of regular student attendance as a means of exposure to new knowledge and increased revenues to the School District. The superintendent and staff are directed to encourage regular student attendance through a planned program designed to accomplish maximum ADA for the School District.

 

The goal for the District, as a minimum, shall be to maintain or exceed the average daily attendance of the two (2) previous years.

 

As used in Section 37-151-3, 37-151-5 and 17-151-7 (Mississippi Accountability and Adequate Education Program), after July 1, 2002:

 

The term “average daily attendance” shall be the figure which results when the total aggregate attendance during the period or months counted is divided by the number of days during the period or months counted upon which both teachers and pupils are in regular attendance for scheduled classroom instruction less the average daily attendance for self-contained special education classes, and prior to full implementation of the adequate education program the department shall deduct the average daily attendance for the alternative school program provided for in Section 37-19-22. §37-151-5 (n) (1997)

 

LEGAL REF.: MS CODE as cited

CROSS REF.: “Minimum Program of Education,” MS Code Section 37, Chapter 19

“State Funds for School Districts,” MS Code Section 37, Chapter 22

“Mississippi Accountability and Adequate Education Program,” MS Code Section 37, Chapter 151

 BACK

 

 

SCHOOL YEAR (ACADEMIC YEAR)

 

AE

 

 

All public schools in the state shall be kept in session for at least one hundred eighty (180) days in each scholastic year. §37-13-63 (1992)

 

“Minimum school term” shall mean a term of at least one hundred eighty (180) days of school in which both teachers and pupils are in regular attendance for scheduled classroom instruction for not less than sixty percent (60%) of the normal school day. It is the intent of the Legislature that any tax levies generated to produce additional local funds required by any school district to operate school terms in excess of one hundred seventy-five (175) days shall not be construed to constitute a new program for the purposes of exemption from the limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs mandated by the Legislature. §37-19-1 (h) 1991

 

Standard 20 is as follows:

The academic year provides a minimum of 180 teaching days that meet the following criteria: {MS Code 37-13-61 through 69 and 37-19-1(h)}

20.1 The opening date of the school year for students is scheduled no earlier than August 1 and the closing date no later than June 15. {MS Code 37-13-61} (SB Policy AEA)

20.2 The teaching day must provide at least 330 minutes of instruction per day or 27.5 hours per five-day week. The school district must ensure that during the academic school year a minimum of 140 hours of instruction is provided for each Carnegie unit of credit offered. {MS Code 37-13-67}

20.3 Two of the 180 days may be 60% days, provided that there are 198 minutes of actual instruction or testing and the remainder of each day is used for professional development or other activities related to instruction.

20.4 The school district schedules preparation for graduation ceremonies in such manner that graduating seniors are absent from classes for no more than three days prior to the end of the school year (177 days).

20.5 The summer school/extended year program meets all applicable requirements of the regular school program. {MS Code 37-3-49}

-                Students from other schools enrolled in summer programs provide written approval from the principal of their home schools.

-                Students enrolled in an extended year program complete all remaining course/subject requirements/objectives before credit for the course/subject is issued.

-                Students enrolled in a summer program are limited to earning one Carnegie unit of credit during the summer school session.

 

LEGAL REF.: MS CODE as cited

Mississippi Public School Accountability Standards (2001)

CROSS REF.: Policy CEB – Duties of Superintendent


BACK

 

SCHOOL CALENDAR

 

AEA

 

 

The State Board of Education shall have the power and authority to fix the date for the opening of the school term in all schools in the state, and shall promulgate guidelines for an annual school calendar to be observed by all public school districts. Provided, however, that local School Boards are authorized to keep school in session in excess of the minimum number of days prescribed herein. Opening and closing dates shall be in conformance with state regulations. §37-13-67 (1987)

 

The opening date of the school year for students is scheduled no earlier than August 1 and the closing date no later than June 15. MS CODE §37-13-61

 

The Minimum Program of Education defines a "minimum school term" as "a term of at least one hundred eighty (180) days of school in which both teachers and students are in regular attendance for scheduled classroom instruction for not less than sixty percent (60%) of the normal school day." §37-19-1 (h)

 

 BACK

 

 

HOLIDAYS

 

AEAB

 

 

All public schools of this state may observe such legal holidays as may be designated by the State Board of Education, and no sessions of school shall be held on holidays so designated and observed. However, all schools shall operate for the full minimum term required by the law exclusive of the holidays authorized by this section. The holidays thus observed shall not be deducted from the reports of the superintendents, principals and teachers, and such superintendents, principals and teachers shall be allowed pay for full time as though they had taught on said holidays. However, such holidays shall not be counted or included in any way in determining the average daily attendance of the school. §37-13-69(1954)

 

 BACK

 

 

EXTENDED SCHOOL YEAR/SUMMER SCHOOL

 

AEBA

 

 

This school board shall maintain and operate all of the schools under their control for such length of time during the year as may be required. §37-7-301(m) (1994).

 

Standard 20.5 is as follows:

 

20.5            The summer school/extended year program meets all applicable requirements of the regular school program. {§MS Code 37-3-49} {MS Code 37-7-339}

-                Students from other schools enrolled in summer programs provide written approval from the principal of their home schools.

-                Students enrolled in an extended year program complete all remaining course/subject requirements/objectives before credit for the course/subject is issued.

-                Students enrolled in a summer program are limited to earning one Carnegie unit of credit during the summer school session.

 

LEGAL REF.: MS CODE as cited

Mississippi Public School Accountability Standards (2001)

CROSS REF.: Policy CEB – Duties of Superintendent

 

It shall be the policy of the Long Beach School District to operate an Extended School Year Program and/or a Summer School Program which complies with the State Department of Education’s requirements as stated in current Mississippi Public School Accountability Standards and other State Department of Education regulations.

 

 BACK

 

 

SCHOOL DAY

 

AF

 

 

It shall be the policy of this school district to provide sufficient instructional time to give students the opportunity to master specific learning objectives at all instructional levels.

 

1.       The number of hours of actual teaching which shall constitute a school day shall be determined and fixed by the school board of this school district at not less than five (5) hours nor more than eight (8) hours. §37-13-67 (1954)

 

2.       School Day: That portion of the calendar day that includes the teaching day, intermissions, and any additional time included in the employee contract. School day defines the normal working day for employees. Glossary, Mississippi Public School Accountability Standards (2001)

 

3.       Teaching Day: A day in which a minimum of 330 minutes of instruction and/or evaluation and/or district approved group testing is provided. Exceptions are days with fewer than 330 instructional minutes that are part of an instructional week of at least 27.5 hours. Glossary, Mississippi Public School Accountability Standards (2001)

 

4.       Standard 20.3 is as follows: Two of the 180 days may be 60% days, provided that there are 198 minutes of actual instruction or testing and the remainder of each day is used for professional development or other activities related to instruction.

 

5.       Standard 33 is as follows: The basic curriculum of each high school consists of required and approved courses that generate at least 32 Carnegie units annually. (See Appendices B and C.) {MS Code 37-1-3(2)} (SB Policy ICFA-1)

 

Note: Any request for exemption from teaching the courses listed in Appendix B must be approved by the Commission on School Accreditation.

 

6.       Standard 34 is as follows: The basic curriculum of each elementary or middle school (any configuration of grades K-8) consists of reading/language arts, mathematics, science, social studies, the arts, and physical education, which may be taught by a regular classroom teacher. {MS Code 37-1-3(2)}

 

LEGAL REF.: MS CODE as cited

Mississippi Public School Accountability Standards (2001)

CROSS REF.: Policies ABB – Board Powers and Duties

CEB – Duties of Superintendent

 

 BACK

 

 

EMERGENCY CLOSINGS

 

AFC

 

 

Hurricane

 

The Long Beach School District will operate on a normal basis until a hurricane warning is issued and then the following steps will be taken.

 

A.     Students will be dismissed from school immediately.

 

B.     Students will be transported home by Long Beach buses.

 

C.     All records will be stored in a safe place.

 

D.     All windows will be closed in the classrooms.

 

E.      Designated schools in Long Beach will be prepared for civil defense officials.

 

F.      The cafeteria supervisor will secure information from civil defense officials concerning foods that should be available for use in the shelters.

 

G.     Disposable plates and utensils should be secured.

 

H.     The cafeteria managers shall have inventories of all equipment and food in her cafeterias.

 

All Emergencies

 

School buses may be used during emergencies. The Board of Trustees of the Long Beach School District, subject to rules and regulations promulgated by the State Board of Education, may permit the use of publicly owned school buses for the transportation of citizens to evacuation shelters during natural or man-made emergencies, hurricanes, tornadoes, floods and other acts of God. However, no trip shall be authorized for more than two hundred (200) miles beyond the territorial limits of the State of Mississippi.

 

REF: MS Code 37-13-65; 37-41-27

 

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