Board Policies Part 3 Chapter 1: Accountability Rule 1.1 Educational Accountability. The State

316 Pages·2015·2.27 MB·English

by  Rhushell Moore

Title 7: Education K-12

Part 3: Board Policies

Part 3 Chapter 1: Accountability

Rule 1.1 Educational Accountability. The State Board of Education is directed by Miss Code
Ann. §37-1-3 to identify all functions of the department that contribute to or comprise a part of
the state system of educational accountability and to establish and maintain within the
department the necessary organizational structure, policies and procedures for effectively
coordinating such functions.

Miss Code Ann. §37-151-9 created the Office of Educational Accountability within the State
Department of Education and states that the Director and the Office of Educational
Accountability reports at the will and pleasure of the State Board of Education may employ
necessary professional, administrative and clerical staff. This office is responsible for the
following:

1. Providing all reports to the Legislature, Governor, Mississippi Commission on School
Accreditation and State Board of Education and respond to any inquiries for
information;

2. Monitoring and reviewing programs developed under the Education Reform Act, the
Mississippi Adequate Education Program Act of 1994, the Education Enhancement
Fund, and subsequent education initiatives;

3. Performing an annual assessment of education reform programs by December 1 and
present the findings to the Legislature, Governor, Mississippi Commission on School
Accreditation and the State Board of Education;

4. Developing and maintaining a system of communications with school district personnel;

5. Providing opportunities for public comment on the current functions of the State
Department of Education’s programs;

6. Assessing impact on school districts of new education programs; and,

7. Developing a public school reporting system, or “Mississippi Report Card” by collecting
school, district, and state level achievement data in the appropriate grades as designated
by the State Board of Education in all core subjects and compare the data with national
standards to identify students’ strengths.

The State Board of Education expects the Director of the Office Educational Accountability to
communicate and cooperate with the State Superintendent of Education.

The State Board of Education directs the Director and Office of Educational Accountability to
fulfill the responsibilities outlined in the statues of the State of Mississippi as stated above.
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Source: Miss Code Ann. §37-151-9

Rule 1.2 Accountability Subcommittee

1. COMPOSITION
The Accountability Subcommittee shall consist of three voting members of the State Board of
Education. The Accountability Subcommittee will meet at the call of the Subcommittee Chair.
Accountability Subcommittee members shall be appointed by the State Board of Education Chair
and approved by the full Board.

2. PURPOSE
The State Board of Education has established a special subcommittee of the Board to be called
the State Board of Education Accountability Subcommittee. The purpose of the Subcommittee is
to assist the State Board of Education in fulfilling its oversight responsibility for the integrity of
the Department’s financial and operational results, compliance with legal and regulatory
requirements, and the performance of internal audit and program evaluation as well as external
auditors.

3. AUTHORITY
The Accountability Subcommittee has authority to conduct or authorize program evaluations,
audits and investigations into any matters within the scope of the State Board of Education’s
responsibility. It is empowered to:

a. Approve the Director of Educational Accountability’s Reporting, Audit and Program
Evaluation Plan and resolve any problems that occur in the execution of these plans.

b. Review and accept external auditors’ reports along with written responses when
appropriate.

c. Meet with Mississippi Department of Education employees, external auditors, legal
counsel, or others as necessary.

d. Approve and submit to the State Board of Education any changes in the Director of
Educational Accountability’s duties. Make monthly reports to the State Board of
Education.

4. RESPONSIBILITIES
Financial and Operational Review Oversight Review and approve significant accounting,
operational and reporting issues that impact the financial and operating results on the Mississippi
Department of Education’s system of internal control. Review the process and results of program
evaluations, internal audits and the annual financial statement audit with the Superintendent of
Education, the Director of Educational Accountability and the State Board of Education.
Internal Control Evaluate the effectiveness of the Department’s internal control system.

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a. Internal Accountability
Review and approve with the Director of Educational Accountability the audit plan,
activities, staffing and organizational structure of Internal Accountability.

b. Program Evaluation
Review with the Director of Educational Accountability the Office of Internal
Accountability and Program Evaluation’s risk assessment relating to programs. Provide
guidance and direction to the Director of Educational Accountability in the area of
program evaluation.

Source: Miss Code Ann. §37-151-9 (Adopted 3/2011)

Rule 1.3 Office of Internal Accountability & Program Evaluation

1. PURPOSE
The purpose of the Office of Internal Accountability and Program Evaluation is to provide
independent, objective evaluations, audits, investigations, and consultative services to the State
Board of Education and the Mississippi Department of Education.

2. REPORTING
The Office of Internal Accountability and Program Evaluation reports to the Director of
Educational Accountability. The Director of Educational Accountability reports to the State
Board of Education.

3. RESPONSIBILITIES
The Office of Internal Accountability and Program Evaluation is responsible for carrying out the
internal audit and internal program monitoring and assessment functions of the Department.
Responsibilities include:

a. Evaluating the Department’s system of internal controls to provide reasonable
assurance to management that internal controls are adequate and effective, professional
standards of business conduct are observed, and assets are properly accounted for and
safeguarded.

b. Conducting objective and professional evaluations of Department activities to
determine compliance with agency policies and procedures as well as applicable state
and federal laws and regulations and determine if goals and objectives are efficiently
and effectively attained.

c. Reporting evaluation results, including deficiencies and recommendations, to
Department management and the State Board of Education.

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d. Serving as the liaison between external audit and oversight entities such as the Office
of the State Auditor, Joint Legislative Committee on Performance Evaluation and
Expenditure Review, Ethics Commission, and federal agencies.

e. Ensuring prompt resolution of audit deficiencies reported by external entities.

f. Reviewing the audit report of each public school district, community college, and
university receiving federal funding from the Department to ensure corrective action
on audit deficiencies of federal programs is appropriate and timely.

g. Assisting departmental staff and school district personnel in interpreting and applying
program guidelines.
h. Performing special projects in response to requests by State Board of Education, State
Superintendent of Education, and the State Legislature.

4. AUTHORITY
The Office of Internal Accountability and Program Evaluation will have unrestricted access to all
Department records, personnel, and physical properties relevant to the performance of
evaluations, audits, investigations, and consultative services. The office will have full and free
access to the Accountability Subcommittee.

The Office of Internal Accountability and Program Evaluation has no authority or responsibility
for activities which are audited or reviewed and does not have the authority to require
implementation of any recommendations; that authority remains with management.

Source: Miss Code Ann. §37-151-9 (Adopted 4/2012)

Part 3 Chapter 2: Accreditation

Rule 2.1 Mississippi Public School Accountability Standards. Mississippi Public School
Accountability Standards is the current accreditation policy. Staff shall review Mississippi Public
School Accountability Standards as needed and request State Board of Education approval for
recommended revisions. Following Board approval, staff will disseminate copies of the revisions
to appropriate members of the educational community. An up-to-date copy of Mississippi Public
School Accountability Standards shall be kept on file in the State Department of Education.

For a copy of the Mississippi Public School Accountability Standards, please visit the
Mississippi Secretary of State’s website at Regulations and Enforcement, Administrative Code,
Title 7: Education K-12; Part # 24.

Source: Miss. Code Ann. § 37-1-3 (Revised 6/2001)
Rule 2.2 Conservatorship. Procedures for developing and implementing a Corrective Action Plan
are required by Section 37-17-6(10) of the Mississippi Code of 1972, as amended, and Section
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2.8 of the current edition of the Mississippi Public School Accountability Standards. These
procedures shall be implemented by the Office of Accreditation and other assigned Mississippi
Department of Education (MDE) staff.

Source: Miss. Code Ann. 37-17-6(10) (Revised 6/2012)

Rule 2.3 Grading. Each school district shall have a grading policy that is uniform by school
grade designation. The grading policy is not required to be uniform across all grade levels.
The grading policy shall be adopted by the local school board, published in the student
handbook, and disseminated to parents.

It is the intent of the Commission on School Accreditation and the State Board of Education that
grading is the responsibility of teachers.
Any change of grades, other than a final grade, shall be addressed with the teacher who issued
the grade and the building level administrator.

Any change of a final grade (as recorded on a cumulative folder or permanent record) shall be
presented and approved by a panel consisting of, at a minimum, the teacher issuing the grade, the
building level administrator, and a central office administrator.

Written documentation (which includes signatures of all panel members) of all actions must be
included in the cumulative folder and available for review by the Mississippi Department of
Education. Any changes or corrections must be made on the cumulative folder and permanent
record as required by the Mississippi Cumulative Folders and Permanent Records Manual of
Directions. If the district is going to mandate or require the awarding of a minimum grade, then
the district must adopt a written board policy that includes input and support from administrators,
teachers, and stakeholders in the development of said policy. Districts may adopt specific grading
policies that address the needs of special populations such as students with disabilities and
English Language Learners.

For a copy of the Mississippi Cumulative Folders and Permanent Records Manual of Directions,
please visit the Mississippi Secretary of State’s website at Regulations and Enforcement,
Administrative Code, Title 7: Education K-12; Part # 22.

Source: Miss. Code Ann. § 37-1-3 (Adopted 9/2010)

Rule 2.4 First Administration of Statewide Assessments (Repealed 3/2015)

Part 3 Chapter 3: Administrative Expense Reduction

Rule 3.1 Administrative Expense Reduction.

1. A local school district may be exempt from the required reduction in Expenditure Functions
[Mississippi Code, Section 37-61-9(4)] 2210, Improvement of Instruction Services; 2300,
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General Administration; 2400, School Administration; and/or 2500, Business Services; by
one percent (1%) in the 1992-93 school year and two percent (2%) for any of the four (4)
years beginning with the 1993-94 school year if the school district can demonstrate and
document that the application of the reduction would result in extraordinary hardship or
impair the fiscal integrity or operations of the school district. Extraordinary hardship is
defined as:

a. A level beyond which further reduction would cause a school district to not be able to
meet Level 3 Accreditation Standards.

Or

b. A level beyond which further reduction would jeopardize the district's ability to
perform required accounting procedures, payroll administration, purchasing, and
preparation of financial reports.

Or

c. A level beyond which further reduction would result in a school district not being able
to provide protection of school property, supervision of staff and students, or
fundamental alteration or reduction in required programs and services.

2. PROCEDURE
In the event a local school district board of education can document that no increases have been
budgeted in Expenditure Functions 2210, Improvement of Instruction Services; 2300, General
Administration; and 2500, Business Services; and can demonstrate that further reduction in any
one these Functions would result in an extraordinary hardship or impair the fiscal integrity of
operations of the school district, said board of education shall make a written request for
exemption to the State Board of Education giving adequate justification and documentation to
support said request. The local school district board of education or designated representative
may address the State Board of Education in support of its request. The State Board of
Education's decision will be final.

Source: Miss. Code Ann. § 37-1-3 (Adopted 10/1992)

Part 3 Chapter 4: Administration Procedures Act

Rule 4.1 Administration Procedures Act. When the Board adopts, amends or repeals any of its
rules or policies affecting the public, the Secretary shall file with the Secretary of State notice of
this intent in accord with Sections 25-43-1.101 through 25-43-3.114 of the Mississippi Code.

This notice shall be filed at least twenty-five (25) days prior to the final adoption of the rule,
amendment or repeal, except when imminent peril to the public health, safety or welfare requires
adoption of a rule upon fewer than twenty-five (25) days notice.
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Thereafter, when the Board adopts the rule, amendment or repeal, the Secretary shall file with
the Secretary of State a certified copy of the rule, amendment or repeal.

The action shall become final thirty (30) days after the filing with the Secretary of State of the
certified copy.

The State Superintendent of Education shall develop a procedure to be used in implementing this
policy.

Source: Miss. Code Ann. § 37-1-3 (Revised 11/1993)

Rule 4.2 Hearing Procedure and Declaratory Opinions. Pursuant to Section 25-43-3.104 of the
Mississippi Administrative Procedures Law, the Mississippi Board of Education must afford
persons the opportunity to submit, in writing, argument, data, and views on a proposed rule. The
Board may, in its discretion, schedule an oral proceeding on any proposed rule. However, the
Board must schedule an oral proceeding on a proposed rule if, within twenty (20) days after the
proper filing of the notice of proposed rule adoption, a written request for an oral proceeding is
submitted by a political subdivision, an agency or ten (10) persons.
Pursuant to Section 25-43-3.104, an agency may issue rules for the conduct of oral rule- making
proceedings or prepare reasonable guidelines or procedures for the conduct of any such
proceedings. If a written request for an oral proceeding is received from an eligible party as
described above, the Board prescribes the following procedures for the conduct of oral hearings.

1. An oral proceeding will be scheduled no earlier than twenty (20) days after notice of the
proceeding's location and time is properly filed with the Secretary of State for publication
in the administrative bulletin.
2. Within three (3) days after filing with the Secretary of State, notice of the location and
time for the proceeding shall be mailed to each person who has made a timely request to
the Department to be placed on the mailing list maintained by the Department of persons
who have requested notices of proposed rule adoptions.
3. Within three (3) days after filing with the Secretary of State, notice of the location and
time for the proceeding shall be published in newspapers with general circulation
throughout the state.
4. The Board designates the State Superintendent of Education or another presiding officer
designated by the State Superintendent to preside at a required oral proceeding on a
proposed rule.
5. Oral proceedings shall be open to the public.
6. A record, to include all documents submitted at the proceeding, shall be made by
stenographic or other means of all oral proceedings. The record shall be available for
cost upon the written request of an applicant.
7. Oral proceedings shall not be conducted pursuant to statutory or formal rules of evidence
or procedure. The presiding officer's authority to limit oral testimony includes, but is not
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limited to, those situations necessary to keep the hearing focused on the proposed rule or
to prevent undue repetition in the proceeding.
8. The presiding officer shall make a recommendation to the Board at its next, regularly
scheduled meeting. Said recommendation shall include: (i) the proposed rule; (ii) a
summary of the oral proceeding; and, (iii) recommendations.

Rule 4.2.1 Declaratory Opinions

1. Scope
Part III of these Rules is promulgated pursuant to MS Code Ann. §25-43-2.103(2)
(1972) of the Administrative Procedure Law, and is intended to set forth the
Department's rules governing the form and content of requests for declaratory
opinions, and the Department's procedures regarding the requests, as required by MS
Code § 25-43-2.103 (1972). These rules are intended to supplement and be read in
conjunction with the provisions of the Mississippi Administrative Procedures Law,
which may contain additional information regarding the issuance of declaratory
opinions. In the event of any conflict between these rules and the Mississippi
Administrative Procedures Law, the latter shall govern.

2. Persons Who May Request Declaratory Opinions.
Any person with a substantial interest in the subject matter may request a declaratory
opinion from the Department by following the specified procedures. “Substantial
interest in the subject matter” means: an individual, business, group or other entity
that is directly affected by the Department's administration of the laws within its
primary jurisdiction. “Primary jurisdiction of the agency” means the agency has a
constitutional or statutory grant of authority in the subject matter at issue.

3. Subjects Which May Be Addressed In Declaratory Opinions.
The Department will issue declaratory opinions regarding the applicability to
specified facts of: (1) a statute administered or enforceable by the Department or (2) a
rule promulgated by the Board. The Department will not issue a declaratory opinion
regarding a statute or rule which is outside the primary jurisdiction of the agency.

4. Circumstances in which Declaratory Opinions Will Not Be Issued.
The Department may, for good cause, refuse to issue a declaratory opinion. The
circumstances in which declaratory opinions will not be issued include, but are not
necessarily limited to:
a. lack of clarity concerning the question presented;
b. there is pending or anticipated litigation, administrative action, or other
adjudication which may either answer the question presented by the request or
otherwise make an answer unnecessary;
c. the statute or rule on which a declaratory opinion is sought is clear and not in
need of interpretation to answer the question presented by the request;
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d. the facts presented in the request are not sufficient to answer the question
presented;
e. the request fails to contain information required by these rules or the requestor
failed to follow the procedure set forth in these rules;
f. the request seeks to resolve issues which have become moot, or are abstract or
hypothetical such that the requestor is not substantially affected by the statute or
rule on which a declaratory opinion is sought;
g. no controversy exists concerning the issue as the requestor is not faced with
existing facts or those certain to arise which raise a question concerning the
application of the statute or rule;
h. the question presented by the request concerns the legal validity of a statute or
rule;
i. the request is not based upon facts calculated to aid in the planning of future
conduct but is, instead, based on past conduct in an effort to establish the effect
of that conduct;
j. no clear answer is determinable;
k. the question presented by the request involves the application of a criminal
statute or a sets of facts which may constitute a crime;
l. the answer to the question presented would require the disclosure of information
which is privileged or otherwise protected by law from disclosure;
m. The question is currently the subject of an Attorney General's opinion request or
has been answered by an Attorney General's opinion;
n. A similar request is pending before this agency or any other agency or a
proceeding is pending on the same subject matter before any agency,
administrative or judicial tribunal, or where such an opinion would constitute the
unauthorized practice of law.
o. Where issuance of a declaratory opinion may adversely affect the interests of the
State, the Board, the Commissions appointed by the Board, Department or any of
their officers or employees in any litigation which is pending or may reasonably
be expected to arise;
p. The question involves eligibility for a license, permit, certificate or other
approval by the Department or some other agency, and there is a statutory or
regulatory application process by which eligibility for said license, permit,
certificate or other approval would be determined.

5. Written Request Required.
Each request must be printed or typewritten, or must be in legible handwriting. Each
request must be submitted on standard business letter-size paper (8-1/2 inches by 11
inches). Requests may be in the form of a letter addressed to the Department.

6. Where to Send Requests.
All requests must be mailed, delivered or transmitted via facsimile to:

Mississippi Department of Education
9
P.O. Box 771
Jackson, Mississippi 39205-0711
ATTN: DECLARATORY OPINION REQUEST

The request shall clearly state that it is a request for a declaratory opinion. No oral,
telephone requests or email requests will be accepted for official opinions.

7. Name, Address and Signature of Requestor.
Each request must include the full name, telephone number, and mailing address of
the requestor. All requests shall be signed by the person filing the request, who shall
attest that the request complies with the requirements set forth in these rules,
including but not limited to a full, complete, and accurate statement of relevant facts
and that there are no related proceedings pending before any other administrative or
judicial tribunal.

8. Question Presented.
Each request shall contain the following:
a. a clear and concise statement of all facts on which the opinion is
requested;
b. a citation to the statute or rule at issue;
c. the question(s) sought to be answered in the opinion, stated clearly;
d. a suggested proposed opinion from the requestor, stating the answers
desired by petitioner and a summary of the reasons in support of those
answers;
e. the identity of all other known persons involved in or impacted by the
described factual situation, including their relationship to the facts, name,
mailing address and telephone number; and
f. a statement to show that the person seeking the opinion has a substantial
interest in the subject matter.

9. Time for Department's Response.
Within forty-five (45) days after the receipt of a request for a declaratory opinion
which complies with the requirements of these rules, the Department shall, in
writing:
a. issue a declaratory opinion regarding the specified statute or rule as
applied to the specified circumstances;
b. decline to issue a declaratory opinion, stating the reasons for its action; or
c. agree to issue a declaratory opinion by a specified time but not later than
ninety (90) days after receipt of the written request.

The forty-five (45) day period shall begin running on the first State of Mississippi
business day on or after the request is received by the Department, whichever is
sooner.

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