7 Miss. Code. R. 24-2.0-2.9
The SBE may request the Governor to declare a state of emergency in any school district in accordance with Miss. Code Ann. § 37-17-6. Upon the declaration of the state of emergency by the Governor, the SBE may take all such action for dealing with the school districts as authorized under Miss. Code Ann. § (12) or (15), including the withdrawal of the district's accreditation.
Pursuant to Miss. Code Ann. § 37-17-6(12), there are several avenues for the SBE to make a request to the Governor to declare a state of emergency.
In accordance with Miss. Code Ann. § 37-17-6(12)(a), the CSA shall conduct a hearing to determine whether a school district's accreditation should be withdrawn based on failure to comply with their CAP or violations of accreditation standards that may require immediate action. Based on the CSA's consideration, if the CSA, with the approval of the SBE, withdraws the accreditation of a school district, the SBE shall be authorized to request to the Governor that a state of emergency be declared in the district. See Miss. Code Ann. § 37-17-5, Policy 2.8.2, and Policy 6.0 for hearing procedure.
In accordance with Miss. Code Ann. § 37-17-6(12)(b), the MDE's Office of Accreditation shall present evidence to the CSA to support the existence of an extreme emergency situation in the school district that jeopardizes the safety, security, and educational interests of the children and the belief that the emergency situation is related to a serious violation or violations of accreditation standards or state or federal law or failure to meet academic standards as evidenced by a continued pattern of poor student performance. This presentation shall not exceed forty (40) minutes.
Following the MDE's Office of Accreditation's presentation, district representative(s) which shall include, the superintendent and school board chairperson/president, will address the CSA. While the district may have legal representation, only district employees and/or school board members may address the CSA during the forty (40) minutes allowed for the district to present evidence pertinent to this matter.
Following the presentations, the CSA will be allowed to address MDE staff and local district representatives to ask any clarifying questions.
Once all questions have been asked by the CSA, the attorney for the district (if applicable), and the attorney for the MDE, will be allowed ten (10) minutes each to provide closing arguments.
Based on the evidence presented, the CSA acts in one of the following manners:
* Accepts the recommendation of MDE and determines that an extreme emergency exists. The CSA submits the resolution to the State Superintendent of Public Education and the State Board of Education; or
* Rejects the recommendation of MDE.
In accordance with the resolution from the CSA that an extreme emergency exists, the SBE meets to:
* Accept the CSA's determination that an extreme emergency exists, and requests the Governor to declare a state of emergency; or
* Reject the CSA's determination that an extreme emergency exists.
Any request made to the Governor shall contain an expiration date, which automatically rescinds the request to the Governor if the Governor fails to declare a state of emergency after a specified time period. This expiration date shall be set by the SBE.
The MDE Office of Accreditation may present evidence to the SBE that the school district meets the SBE's definition of a failing school district ("F" designation) for two (2) consecutive years. No prior action by the CSA is necessary.
The SBE may request the Governor to declare a state of emergency in that school district.
The SBE may request the Governor to declare a state of emergency in that school district.
In the alternative, the SBE may consider a school district for inclusion in the Achievement School District (ASD), in accordance with Miss. Code Ann. § 37-17-17 if it meets the definition of Failing District or More than 50% of the schools are Schools At Risk, as found in Policy 2.9.2.3 and 2.9.2.4, and meets the following criteria established by the State Board of Education:
* The Mississippi Achievement School District shall only take over the number of districts for which it has the capacity to serve; and
* District must have been identified as an "F" district for two (2) consecutive years or two (2) of three (3) consecutive years; and
* 50% or more of the schools are rated as an "F" school; and/or
* 50% or more of the students in the district are in an "F" school.
Policy 2.9.3 is effective one (1) calendar year following the Withdrawal of Accreditation by the CSA and the SBE.
The withdrawal of a school district's accreditation by the CSA will result in the following:
* A school or schools within a district shall be limited to participation in no more than fifty percent (50%) of the regular season of any interscholastic activity, which shall include division/district/regional games,
* The interscholastic season schedule for a school or schools within a district shall not include the opening day of season or any type of post season participation, as determined by the Office of Accreditation, and
* Cheerleading, drill and dance squads, speech and debate, choral music, and band may participate in district or state contest, but shall not be eligible to receive ratings.
All schedule requests must be submitted in writing to the MDE's, Office of Accreditation, at least thirty (30) days prior to the beginning of the season. The Office of Accreditation shall pre-approve all schedules and participation in interscholastic activities. In addition to the suspension of all post season activities, the school district shall not be allowed to participate in jamborees, special games, parades, tournaments, holiday tournaments, or competitions of any nature.
Failure to comply with section 2.9.3 will result in the suspension of ALL interscholastic activities.
Failure of a district to have its accreditation reinstated by the CSA after a period of two (2) calendar years from the date of the withdrawal of accreditation shall result in the immediate suspension of ALL interscholastic activities until the district's accreditation status is reinstated.
Note: Interscholastic activities include, but are not limited to, football, basketball, baseball, track and field, cross country, tennis, golf, volleyball, softball (fast pitch and slow pitch), soccer, wrestling, swimming, power lifting, bowling, archery, cheerleading, drill, and dance squads, speech and debate, choral music, and band.
7 Miss. Code. R. 24-2.0-2.9