Miss. Code. tit. 7, pt. 163, NONPUBLIC SCHOOL PROCESS STANDARDS

Current through October 31, 2024

NONPUBLIC SCHOOL PROCESS STANDARDS

ADMINISTRATION AND PERSONNEL

1. The school is governed through official policies approved by the local governing body under which the school operates.

Note: Some differences exist between public boards and state agencies that have responsibilities for disbursing public funds and the privately funded local governing body, which may delegate more fiscal freedom to the chief administrator of the school. Advisory councils or boards of parochial and church-related schools must meet requirements of the church as established by the churches' religious leaders. For Catholic schools, the Bishop may veto any council action or, in extreme cases, may dissolve the council. The Choctaw Tribal Schools are governed by policies of the Tribal Council in accordance with the Constitution and Bylaws of the Mississippi Band of Choctaw Indians.

1.1. The local governing body maintains records of all official actions in minutes dated and signed or approved by the local governing body.

Note: The local governing body may be able to fulfill its leadership and policy roles with less than monthly meetings.

1.2 The official policies of the local governing body are in writing, on file in the school's administrative office, and ensure that rules and regulations are established under which the school is administered.

1.3. School policy establishes written procedures for placement of students in the program and procedures for students to exit the program.

1.4 School policy addresses the development of guidelines for school-wide student disciplinary practices.

1.5 Employment and dismissal of all personnel follow written procedures and regulations established by the local governing body.

2. All professional positions are required to be filled by licensed staff that are properly endorsed as required by state law. Miss. Code Ann. § 37-9-7 7, Miss. Admin. Code 7-3: 80.1 and 80.2. State Board Policy Chapter 80, Rules 80.1 and 80.2.

Note: Upon approval from the MDE Office of Licensure, teachers certified or working towards certification in a nationally recognized alternative licensure program, such as but not limited to, Alliance for Catholic Education (ACE), Teach for America, AmeriCorps, and Association of Christian Schools International, will be exempt from a Mississippi licensure for a maximum of three (3) years.

2.1. Each school is administered by a full-time, appropriately licensed, administrator (principal, superintendent, director, or headmaster) who is located at the school site and operates the school in accordance with established policies and procedures. Miss. Code Ann. § 37-9-7, 37-9- 15, and 37-151-5(g). Administrators may have other roles such as lead teacherorcoordinator of programs and limited to no more than one (1) program.

2.2 With the exception of academic core subjects, the professional staff in each school is comprised of no more than 10% of Full Time Equivalent (FTE) units working outside the area or areas of endorsement. Assistant principals and administrative interns who are not properly endorsed may be included in the 10% FTE working outside their area of endorsement, provided that they do not act in the place of the principal.

2.3 The school has access to library/media services.

Note: This may not apply to Special Purpose Schools which may be identified as schools that offer no regular high school diploma but offer other certifications of completion when completing their high school career.

2.4 Each school will design and implement student support services appropriate to its particular situation and students. Student support personnel may include school guidance counselors and/or other appropriately licensed student support staff, including nurses, social workers, psychometrists, psychologists, etc. Student support personnel may only provide those services and activities in the area(s) that each individual is specifically qualified to provide. Qualified personnel may be defined as those professionals who provide a specialty service to those students aside from the regular classroom teacher. These specialty services include but may not be limited to areas such as appraisal, academic, and/or personal advisement and educational and/or career planning, etc.

3. The school implements an annual, formal personnel appraisal system for licensed staff that includes an assessment of employees' on-the-job performance. Miss. Code Ann. § 37-3-46(b).

4. The school is operated under an annual budget or revision approved by the local governing body.

4.1 The school has adequate written procedures describing its administrative and accounting controls, which ensures the accurate, current, and complete disclosure of the financial results of the school's operation and the effective control of and accountability for cash property and other assets.

5. The local governing body budgets funds available for classroom supplies, materials, and equipment.

SCHOOL OPERATIONS

6. The school complies with state law and State Board of Education policy on enrollment requirements.

6.1. Immunization requirements Miss. Code Ann. §§ 37-7-301(i), 37-15-1, and 41-23-37

6.2Age of entry requirements Miss. Code Ann. § 37-15-9

7. Any transfer student from a school or program 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 thirty (30) days after filing for transfer. Notice of the administering of such test(s) shall be given to the applicant not less than five (5) days prior to the date of the administration of such test. Miss. Code Ann. § 37-15-33, Miss. Admin. Code 7- 3: 36.2, 36.4, State Board Policy Chapter 36, Rules 36.2-36.4.

8. 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 the Individuals with Disabilities Act, 1997 Amendments. (See Appendix E and the current edition of the Mississippi Cumulative Folders and Permanent Records Manual of Directions.) Miss. Code Ann. § 37-15-1 through 3; 37-15-6; 37-15-10

9. The school engages in annual strategic planning, such as the current School Improvement Plan, to review the educational status of the school and to address specific actions to improve the quality of it educational programs. (See Appendix G) Miss. Code Ann. § 37-3-49(2)(e).

10. The school implements procedures for monitoring and reporting student absences as specified in the Mississippi Compulsory Attendance Law. Miss. Code Ann. § 37-13-91, Miss. Admin. Code 7-3: 30.1 and 30.2, State Board Policy Chapter 30, Rules 30.1 and 30.2. The schools of the Choctaw Tribal School System will monitor, and report student absences as specified by the Bureau of Indian Education and in the Choctaw Tribal Code. Miss. Code Ann. § 3-3-36. This standard does not apply to correctional facilities.

11. The academic year provides a minimum of 180 teaching days in which both teachers and pupils are in regular attendance for scheduled classroom instruction. Any request for an exception to this standard must be submitted in writing to the State Board of Education for review and action. If the Governor has declared a disaster emergency or the President of the United States has declared an emergency or major disaster to exist in this state, the local governing body may request approval from the State Board of Education to operate the school(s) for less than one hundred eighty (180) days. Miss. Code Ann. § 37-151-7(3)(c), Miss. Code Ann. § 37-3-49, §§ 37-13-61 through 69, § 37-151-5(j), and § 37-151-7(3)(c).

11.1. The teaching day must provide at least 330 minutes of instruction per day or 27.5 hours per five-day week. Miss. Code Ann. § 37-13-67.

11.2 The school must ensure that during the academic school year a minimum of 140 hours of instruction is provided for each Carnegie unit of credit offered and 70 hours for each one-half (1/2) unit offered, except for remedial instructional programs, dual enrollment/dual credit, correspondence courses, and innovative programs authorized by the State Board of Education.

11.3 No more than two (2) of the 180 days may be 60% days. Both teachers and pupils must be in attendance for not less than 60% of the normal school day. Miss. Code Ann. § 37-151-5(j).

11.4 The school schedules preparation for graduation ceremonies in such manner that graduating seniors are absent from classes for no more than three (3) days prior to the end of the school year.

11.5 The summer school/extended year program [not Extended School Year (ESY) provided through special education programs] meets all applicable requirements of the general school program. Miss. Code Ann. § 37-3-49.

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

11.5.2.Students enrolled in an extended year program complete all remaining course/subject requirements/objectives before credit for the course/subject is issued. Miss. Code Ann. § 37-3-49.

11.5.3. Students enrolled in a summer program are limited to earning one (1) Carnegie unit of credit during a traditional summer school session, which does not apply to extended year programs and approved virtual courses.

12. The school requires each student, in order to receive a high school diploma, to have met the requirements established by its local governing body and by the State Board of Education. Miss. Code Ann. § 37-16-7, Miss. Admin. Code 7-3: 34.1, 36.3, and 36.4, State Board Policy Chapter 34, Rule 34.1, State Board Policy Chapter 36, Rules 36.3, and 36.4.

12.1. Each student receiving a standard high school diploma has earned the minimum number of Carnegie units as specified in Appendix Aof the current edition of the Mississippi Public School Accountability Standards. See Appendix A., Miss. Admin. Code 7- 3: 28.2 and 28.3, State Board Policy Chapter 28, Rules 28.2 and 28.3.

12.1.1. Entering ninth graders in 2018-2019 and thereafter, are required to have a minimum of 24 Carnegie units as specified in Appendix A-6.

12.1.2. Entering ninth graders in 2018-2019 and thereafter, are required to have a minimum of 26 Carnegie units and meet additional requirements as specified in Appendix A-7 to earn a Traditional Diploma with a Career and Technical Endorsement.

12.1.3. Entering ninth graders in 2018-2019 and thereafter, are required to have a minimum of 26 Carnegie units and meet additional requirements as specified in Appendix A-8 to earn a Traditional Diploma with an Academic Endorsement.

12.1.4. Entering ninth graders in 2018-2019 and thereafter, are required to have a minimum of 28 Carnegie units and meet additional requirements as specified in Appendix A-9 to earn a Traditional Diploma with a Distinguished Academic Endorsement.

12.1.5. Entering ninth graders with a significant cognitive disability in 2018-2019 and thereafter, are required to have a minimum of 24 Credits as described in Appendix A-10 to earn an Alternate Diploma

12.2 Beginning with incoming ninth graders of 2018-2019, each student who has met the criteria for the certificate of completion, may be issued a certificate of completion. Student receiving a certificate of completion may participate in high school graduation exercises. (Appendix A-11) Miss. Code Ann. § 37-16-11(1).

12.3 Ending with the incoming ninth grade class of 2016-2017, each student with disabilities receiving a Mississippi Occupational Diploma has successfully completed all minimum requirements established by the State Board of Education. Miss. Code Ann. § 37-16-11(2). See Appendix G.

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

Note: Carnegie units may be awarded in the seventh grade for the following courses: Algebra I, Biology I, ICT II (Information and Communication Technology), and first-year Foreign Language provided course content is the same as the high school course. Effective with 2014-15, Carnegie units may be earned for CCSS Compacted Math Grade 7, CCSS Math Grade 8, CCSS Compacted Math Grade 8 (with Integrated Math 1), and CCSS Math Grade 8 (with Algebra I/Traditional).

Note: Carnegie units may be awarded in the eighth grade for the followingcourses: Algebra I, Geometry, Mississippi Studies, Geography, Biology I, ICT II (Information & Communication Technology), STEM (Science, Technology, Engineering & Science), Introduction to Agriscience, first-year Foreign Language, and second-year Foreign Language provided course content is the same as the high school course. Carnegie units may be earned for CCSS Compacted Math Grade 7, CCSS Math Grade 8, CCSS Compacted Math Grade 8 (with Integrated Math 1), and CCSS Math Grade 8 (with Algebra I/Traditional).

Note: Students enrolled in grades 7 - 12 may be awarded a Carnegie unit credit provided the course content is a Carnegie unit bearing course in the current edition of the Approved Courses for Secondary Schools of Mississippi Manual.

13. The school implements a professional development program Miss. Code Ann. § 37-17-8, 7 Miss. Admin. Code 7-3: 44.1, State Board Policy Chapter 44, Rule, Ch. 44, R. 44.1.

INSTRUCTIONAL PRACTICES

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

14.1. Early Childhood Programs (kindergarten and teacher assistant) Miss. Code Ann. § 37-21-1, et seq., Miss. Admin. Code 7-3: 42.1, State Board Policy Chapter 42, Rule 42.1, and Miss. Admin. Code 7-3: 62.6, State Board Policy Chapter 62, Rule 62.6, Refer to the Mississippi Kindergarten Guidelines. Districts Meeting the Highest Levels of Performance are exempted from Miss. Code Ann. § 37-21-7(4).

Pre-Kindergarten Miss. Code Ann. § 37-7-301(ss), Miss. Admin. Code 7-3: 28.4, State Board Policy Chapter 28, Rule 28.4. Refer to the Mississippi Early Learning Guidelines. Miss. Code Ann. § 37-7-301 (zz).

14.2. Career-Technical Education Miss. Code Ann. § 37-31-1, et seq., Miss. Admin. Code 7-3: 83-96, State Board Policy Chapters 83 through 96, and Federal Code.

14.3 Special Education Miss. Code Ann. § 37-23-1 through § 37-23-9, Miss. Admin. Code 7- 3: 74.1, 74.3 through 74.6, 74.8, 74.10 through 74.14, and 74.19, State Board Policy Chapter 74, Rules 74.1, 74.3 through 74.6, 74.8, 74.10 through 74.14, and 74.19, and Federal Code. See State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act of 2004 (IDEA 2004).

14.4 Child Nutrition Miss. Code Ann. § 37-11-7, Miss. Admin. Code 7-3: 17.1, 17.2, 17.4, 17.7, and 17.9, State Board Policy Chapter 17, Rules 17.1, 17.2, 17.4, 17.7, and 17.9 and Federal Code.

14.4.1. School Wellness Policy

14.5 Elementary and Secondary Education Act: Titles I, II, III, IV, V, VI, X, and any other federally funded programs and grants Miss. Admin. Code 7-3: 80.1-80.3, State Board Policy Chapter 80, Rules 80.1 through 80.3, and Federal Code.

14.6 Driver Education Miss. Code Ann. § 37-25-1, et seq., Miss. Admin. Code 7-3: 29.1, State Board Policy Chapter 29, Rule 29.1.

14.7 Gifted Education Miss. Code Ann. §§ 37-23-171 through 181, Miss. Admin. Code 7-3: 35.1, State Board Policy Chapter 35, Rule 35.1. Refer to the current edition of the Regulations for Gifted Education Programs in Mississippi and the Gifted Education Program Standards.

15. Each school has a library media center. Refer to the current edition of the Mississippi School Library Media Guide. Miss. Code Ann. §§ 37-17-6(3)(a-e).

15.1 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. Special purpose schools provide library/media center services in conformity with the mission and curriculum of the school and as indicated on each student's Individualized Education Plan (IEP).

15.2 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.

16. The school district is in compliance with state law and State Board of Education policies for state adopted textbooks. {Miss. Code Ann. §§ 37-43-1, 37-43-24, 37-43-31(2), 37-43-51, 37-9-14(2)(b), and 37-7-301(ff)} (7 Miss. Admin. Code Pt. 3, Ch. 79, R. 79.1, R. 79.2) (Refer to the current edition of the Textbook Administration Handbook Rules and Regulations.)

16.1. Each school provides students in each school with access to current or otherwise appropriate textbooks that are in good condition. (See glossary for definition of textbook.) Miss. Code Ann. §§ 37-43-1, 37-9-14(2)(b), and 37-7-301(ff).

16.2 Each school shall keep an active and surplus inventory for each school in the district to be completed by June 15 of each year. The district shall report the inventory in the Textbook Inventory Management System. Miss. Code Ann. § 37-43-51. Refer to the current edition of the Textbook Administration Handbook Rules and Regulations.

17. The school curriculum is in conformity with the mission statement and is in keeping with the needs, aptitudes, and potential of the students enrolled.

17.1. The school has a written instructional management plan developed jointly by teachers and administrators and approved by the local governing body or an Individualized Educational Plan (IEP) that has been developed for each student.

Note: Students with disabilities who are placed by a public educational agency in a nonpublic school in order to meet the public educational agency's obligation to provide a free appropriate public education, must have a current Individualized Education Program (IEP) that has been developed in accordance with IDEA and all State and Federal regulations pertaining to students with disabilities.

Note: Students with disabilities who have been placed by their parent(s) in a private school without the agreement of the public educational agency will not have an IEP. Students with disabilities who have been parentally placed in a private school and for whom the public educational agency has elected to serve will have a Services Plan which describes the special education and related services to be provided to the private school student.

18. The school follows an established policy that defines criteria for the academic promotion, progression, and retention of students. Such criteria prohibit the retention of students for extracurricular activities.

18.1. The school implements a uniform grading policy. Miss. Admin. Code 7-3: Ch. 2, R. 2.3, State Board Policy Chapter 2, Rule 2.3, Miss. Code Ann. § 37-11-64 and 37-11-66.

18.2 A student who is enrolled in any grade higher than Grade 6 in a school must be suspended from participation in any extracurricular or athletic activity sponsored or sanctioned by the school after a semester in which the student's cumulative grade point average is below 2.0 on a 4.0 scale in accordance with the Mississippi High School Activities Association (MHSAA). This portion of the standard will be jointly monitored and enforced by the State Board of Education and the MHSAA. Miss. Code Ann. § 37-11-65.

19. The school, in its discretion, may provide access to a GED Option program that meets the program guidelines outlined in Miss. Code Ann. § 37-13-92(4) and the guidelines established by the State Board of Education. Miss. Admin. Code 7-3:7.1, State Board Policy, Chapter 7, Rule 7.1. See guidelines for Alternative/GED School Programs.

20. Each classroom teacher has an unencumbered period of time during the teaching instructional day to be used for individual or departmental planning.

20.1. If the school utilizes a traditional six-period or seven-period day schedule, the instructional planning time for the secondary teachers is a minimum of 225 minutes per week, exclusive of the 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 the lunch period.

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

Special Purpose School Exemption: Due to the individualized needs of students placed in special purpose school programs, planning time may be before and/or after the teaching day.

21. Individual teachers (grades 9-12) teaching regular education courses are limited to three (3) course preparations per scheduling cycle or five (5) in the same subject/content area. Any assignment of more than five (5) course preparations must be submitted in writing to the State Board of Education for review and action.

22. The curriculum of each diploma-granting secondary school (grades 9-12) consists of approved courses from Approved Courses for the Secondary Schools of Mississippi necessary to meet graduation requirements as specified in Appendix A.(See Appendix B.)(Miss. Code Ann. § 37-1-3(2), and Miss. Admin. Code 7-3: 28.2 and 28.3, State Board Policy Chapter 28, Rules 28.2 and 28.3.)

23. The curriculum of each elementary or middle school (any configuration of grades K-8) at a minimum consists of reading/language arts, mathematics, science, social studies, the arts, health education, and physical education, which may be taught by a regular classroom teacher. Miss. Code Ann. §§ 37-1-3(2) and 37-13-134.

Note: If the basic academic areas are deemed inappropriate for students with disabilities, a suitable curriculum meeting individual needs of students must be developed and implemented.

24. A one-year waiver may be requested for classes that do not exceed more than two (2) students beyond the allowable student teacher ratio. Student teacher ratios do not exceed the following: Miss. Code Ann. § 37-151-77.

24.1. 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 is employed, 27 may be enrolled. Miss. Code Ann. § 37-151-77, See Mississippi Kindergarten Guidelines, Miss. Admin. Code 7-3: 19.1, State Board Policy Chapter 19, Rule 19.1.

24.2 Student teacher ratios do not exceed 27 to 1 in classrooms serving grades 1 through 4 unless approved by the State Board of Education. Miss. Code Ann. § 37-151-77. Miss. Admin. Code 7- 3: 19.1, State Board Policy Chapter 19, Rule 19.1.

24.3 Student teacher ratios do not exceed 30 to 1 in self-contained classes serving grades 5-8. Miss. Code Ann. § 37-151-77.

24.4 Student teacher ratios do not exceed 33 to 1 in departmentalized academic core classes serving grades 5-12. Miss. Code Ann. § 37-151-77.

24.5 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. A teacher who provides instruction through intra-district or inter-district distance learning or supervises students taking virtual courses 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.

24.6 The caseload of each teacher in a special purpose school will be based on the needs of the student population and the mission of the school.

SAFE AND HEALTHY SCHOOLS

25. The school complies with the applicable policies of the State Board of Education and state and federal laws in the operation of its transportation program. The school implements Nathan's Law as a priority for promoting school bus safety. Miss. Code Ann. §§ 37-41-53, 63-3-615, 63-1-73, 97-3-7, and 63-1-33, Miss. Admin. Code 7-3: 81.3, 81.4, 81.6, 81.7, 81.9, State Board Policy Chapter 81, Rules 81.3, 81.4, 81.6, 81.7, and 81.9.

25.1. All buses are inspected on a quarterly basis and are well-maintained and clean. Miss. Admin. Code 7-3: 81.9, State Board Policy Chapter 81, Rule 81.9.

25.2 Each bus driver has a valid bus driver certificate and a commercial driver's license and operates the bus according to all specified safety procedures. The school district has on file a yearly motor vehicle report on each driver and evidence that each driver has received two (2) hours of in-service training per semester. Miss. Code Ann. § 63-3-615, Miss. Admin. Code 7-3: 81.3 and 81.6, State Board Policy Chapter 81, Rules 81.3 and 81.6.

25.3 Bus schedules ensure arrival of all buses at their designated school sites prior to the start of the instructional day.

25.4 Emergency bus evacuation drills are conducted at least two (2) times each year. Miss. Admin. Code 7-3: 81.4, State Board Policy Chapter 81, Rule 81.4.

26. The school district provides clean/sanitary facilities in a safe and secure environment. All classrooms in each school will be air conditioned. Miss. Code Ann. §§ 37-7-301(c) (d) and (j), 37-11-5, 37-11-49; and 45- 11-101.

27. Each school has a comprehensive School Safety Plan on file that has been approved annually by the local governing body Miss. Code Ann. §§ 37-3-81; 37-3-83(2); 37-11-67; and 37-11-69, the Mississippi School Safety Manual and the MDE Occupational Safety and Crisis Response Planning Manual.

ADDITIONAL STANDARDS FOR RESIDENTIAL FACILITIES

Boarding Schools and Residential Programs with Dormitory Facilities

28. Dormitory facilities meet the following criteria:

28.1. All state and local fire and safety codes/standards are enforced.

28.2 Facilities are clean, comfortable, and adequately furnished for the personal and academic needs of the students.

28.3 Continuous and responsible adult supervision is provided.

State Licensed Facility

29. A special purpose school operated in conjunction with a residential facility must meet minimum state requirements to operate a state licensed facility as verified by an appropriate and current license or certificate as follows:

29.1. Intermediate care facility for Individuals with Developmental Disabilities (ICF/IDD)

29.2 Skilled nursing facility

29.3 Residential psychiatric treatment facility/nursing facility (RPTF) or

29.4 Other required state license or certificate.

Note: When a special purpose school operated in conjunction with a residential facility is also designed to provide day treatment services as a specific program option, a license to operate a Therapeutic Day Treatment Facility is required. The requirement for a Therapeutic Day Treatment Facility license does not apply to the school when students placed in residential treatment facility are in the process of being transitioned from a residential treatment facility to an out-patient treatment program.

Miss. Code. tit. 7, pt. 163, NONPUBLIC SCHOOL PROCESS STANDARDS

Adopted 1/18/2017

Amended 7/22/2018

Amended 5/12/2019

Amended 8/17/2020

Amended 1/18/2021

Amended 8/22/2021

Amended 11/22/2021

Amended 11/28/2021

Amended 9/19/2022

Amended 12/5/2022

Amended 6/27/2023

Amended 5/20/2024