Miss. Admin. Code tit. 10 | Miss. Admin. Code Title 10 — Education Institutions and Agencies

CHARTER SCHOOL AUTHORIZER BOARD CHARTER SCHOOL AUTHORIZER BOARD

Part 401 Part 401: Organization and Formation

Chapter 1 Bylaws

10 Miss. Admin. Code Pt. 401, R. 1.1 Bylaws

BYLAWS OF MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD

ARTICLE l Name

The name of this state agency shall be Mississippi Charter School Authorizer Board (MCSAB), henceforth referred to as "Authorizer Board" or "Board."

ARTICLE 2 Purpose

The Authorizer Board is an independent state agency that holds exclusive chartering jurisdiction in the state of Mississippi. The mission of the Authorizer Board is to authorize and oversee high quality charter schools, particularly schools designed to expand opportunities for underserved students. In addition to its responsibilities, as a public charter school authorizer, the Authorizer Board is expected to establish policies that are consistent with principles and standards of quality charter school authorizers and align with the provisions of Mississippi's public charter school law.

ARTICLE 3 Membership and Responsibilities

Section 3.1 Authorizer Board composition. The Authorizer Board shall consist of seven members; three appointed by the Governor, with one member being from each of the Mississippi Supreme Court Districts, three appointed by the Lt. Governor, with one member being from each of the Mississippi Supreme Court Districts, and one member appointed by the State Superintendent of Public Education.

Section 3.2 Term of Authorizer Board Members. The initial term of office for the three Authorizer Board members appointed by the Governor shall be four years, and thereafter shall be three years. The initial term of office for the three Authorizer Board members appointed by the Lt. Governor shall be three years, and thereafter shall be three years; and the initial term of office for the member appointed by the State Superintendent of Education shall be two years, and thereafter shall be three years. No member may serve more than two consecutive terms.

Section 3.3 Meeting attendance and preparation. Members are expected to consistently attend and prepare for Authorizer Board and committee meetings, of which they are members, in order to be effective and active participants. Members are further expected to stay current in their knowledge and understanding of the Authorizer Board's projects and policymaking.

Section 3.4 External communication. Members of the Authorizer Board should support group decisions and policies when providing information to the public. This does not preclude Authorizer Board members from expressing their personal views. The executive director or a Board designee will be the spokesperson for the Authorizer Board with the media.

Section 3.5 Authorizer Board responsibilities. Authorizer Board members shall serve without pay, but shall be entitled to reimbursement for necessary expenses, including travel and lodging expenses, while attending meetings of the Commission or when actually engaged in business relating to the work of the Authorizer Board. No member, employee, agent or representative of the Authorizer Board may serve simultaneously as an employee, trustee, agent, representative, vendor or contractor of a charter school authorized by the Board.

ARTICLE 4 Officers and Terms

Section 4.1 Designation. The officers of the Authorizer Board shall be elected by the board of directors and shall consist of a chair and a vice-chair. No offices may be held by the same person.

Section 4.2 Election and Term of Office. The first officers of the Authorizer Board shall be elected by the board of directors at the first meeting of the Board. Thereafter, the officers of the Board shall be elected annually by the Authorizer Board. Each officer shall hold office at the pleasure of the board of directors from the date of his or her election for a term of one year and until his or her successor shall have been duly elected and qualified or until his or her death or he or she shall resign or shall have been removed from office in the manner hereinafter provided.

Section 4.3 Vacancies. A vacancy in any office may be filled only by a majority of the Authorizer Board at the next regular or special meeting of the Board to serve out the remainder of the term. The member elected to fill the vacant officer position shall begin service on the executive committee at the end of the meeting at which she or he was elected and complete the term of office associated with the position.

Section 4.4 Removal. Any officer may be removed by the Authorizer Board whenever in its judgment the best interests of the Board will be served thereby. Election or appointment of an officer shall not of itself create contract rights.

ARTICLE 5 Duties of Officers and Board Members

Section 5.1 Chair. The chair shall be the chief executive officer of the Board and shall, subject to the control of the Authorizer Board, supervise and control all of the business and affairs

of the Board. The chair shall, when present, call meetings of the Board and preside at all meetings of the Board. The chair may sign deeds, mortgages, bonds, contracts or other instruments for or on behalf of the Authorizer Board except where required by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board to some other officer or agent of the Board. In general, the chair shall perform all duties incident to the office of chair and such other duties as may be prescribed by the Board.

Section 5.2 Vice Chair. In the absence of the chair, the vice-chair shall perform the duties of the chair, and when so acting, shall have all the powers of and be subject to all the restrictions upon the chair. Any vice-chair shall perform such duties as from time to time may be assigned to such vice-chair by the chair or the Authorizer Board.

Section 5.3 Committee Chairs. Committee Chairs shall report activities, recommendations, or decisions of their respective committees to the full Board and shall inform the Chair when items need to be placed on the agenda.

ARTICLE 6 Committees

Section 6.1 Standing Committees. The Authorizer Board may have four Standing Committees:

(a) Executive Committee

(b) Administration & Operations

(d) Performance & Accountability

Section 6.2 Executive Committee. In the event an executive committee is appointed, the executive committee shall consist of the chair, vice chair, and one other member. The executive committee will be responsible for the budget, and the management of affairs that are delegated to it as a result of Authorizer Board direction, consensus or motion, including transacting necessary business in the intervals between Board meetings, inclusive of preparing agendas for Board meetings. The Authorizer Board Chair shall serve as chair of the executive committee, and the committee will ensure that an evaluation of the Authorizer Board occurs annually.

Section 6.3 Standing Committee Members and Officers. Each Standing Committee shall have a Committee Chair and Committee Vice-Chair, nominated, and approved by a majority vote of the Authorizer Board. All members not appointed to a Standing Committee shall be an ad hoc, ex-officio member of that Standing Committee.

Section 6.4 Voting. Standing Committees can make a recommendation upon the concurrence of a simple majority of the Standing Committee.

Section 6.5 Advisors/Consultants to Committees. Each committee may consult with or be advised by non-Authorizer Board members, as deemed appropriate by the Committee Chair.

Section 6.6 Ad Hoc Committees. The Authorizer Board Chair may, as circumstances warrant, authorize the creation of an ad hoc committee for a discrete and specific purpose of interest to the Board and shall appoint all members and officers of such ad hoc committee(s). The Board shall approve the charge of any ad hoc committee. Such committee may be created for a definite time period or until its specific function has been completed, but shall not exist longer than one year from the date of authorization unless specifically authorized by its charge.

Section 6.7 Committee Reports. Committees may submit written reports in advance of any regular meeting in lieu of oral report unless the report contains action items.

ARTICLE 7 Meetings

Section 7.1 General Business Meetings. All meetings will be conducted in accordance with the MS Open Meeting Act. Meetings will be held as needed per preapproved schedule by Authorizer Board members. This same body may set an alternative schedule with more frequent meetings according to need. The Authorizer Board Chair may call a special meeting of the Board at any time, subject to statutory notice requirements.

Section 7.2 Committee Meetings. All committees may meet at the discretion of the Committee Chair. The Committee Chair, with the approval of the Board Chair, may change or cancel any committee meeting date, time, or location, subject to statutory notice requirements.

Section 7.3 Meeting Agenda. The General Business Meeting agenda shall be promulgated by the Board Chair, with input from the Committee Chairs and members. Hearings to receive information rule opinions shall be scheduled when necessary, on the agenda prior to final consideration for action by the Board. The Board Chair shall publish a draft agenda to Board members and the public by electronic means no later than eight (8) days in advance of a regularly scheduled Board meeting.

ARTICLE 8 Public Comment and Submission of Data, Views, or Arguments

Section 8.1 Submission of Data, Views or Arguments. Any interested person may submit data, views, or arguments in writing or electronically to the Board on any new business action agenda item no later than five (5) days in advance of a scheduled Board meeting. The written submittals may be considered by members before taking action on any new business action agenda item, subject to reasonable time for review.

Section 8.2 Public Comment. All interested persons may be provided an opportunity to present comment on any new business action agenda item. Any individual wishing to comment is required to register prior to the meeting. Comments must be related to a new business action agenda item and such person shall be required to identify the item to be addressed by the comment.

Each person is allotted five (5) minutes, or an amount of time otherwise designated by the Chair, to provide comment to the Board.

ARTICLE 9 Executive Director

Section 9.1 Hire. The Authorizer Board may appoint an individual to serve as the executive director and general counsel of the board, according to state law.

Section 9.2 Duties. The executive director shall serve at the will and pleasure of the Board, shall devote their full time to the proper administration of the Board and the duties assigned by the Board and shall be paid a salary established by the Board, subject to the approval of the State Personnel Board. The executive director shall also serve as secretary and non-voting member of the Authorizer Board, house records of the Board's proceedings in the Board's office, and make records available upon request.

Section 9.3 Annual Evaluation. The Authorizer Board shall establish or modify the evaluation procedure of the executive director as needed. This evaluation should be conducted by the Board no earlier than one year after the job description or evaluation tool is established or modified. Subsequent to the evaluation, the Chair or a designee of the Chair will communicate the results to the executive director.

Section 9.4 Termination. The termination of the executive director shall be subject to majority votes.

ARTICLE 10 Amendments to the By-laws

Section I0.1 Notice Regarding Proposed Amendments. These bylaws may be amended or repealed and new bylaws may be adopted by vote of a majority of all of the members; provided that notice of the proposed alteration, amendment or repeal is given to each member of the board of directors, in the manner for giving notice in writing of special meetings of the board of directors set forth in these bylaws, at least five (5) days prior to the meeting of the board of directors at which such proposed alteration, amendment or repeal is to be considered. Any amendment to the Authorizer Board's bylaws requires the concurrence of a majority.

ARTICLE 11 Legal Counsel

Section 11.1 Advice. The Board Chair, Executive Director, or their designee(s) may seek advice from the Attorney General's office. The Board Chair or Executive Director, with support from a majority of the Board, may submit a written request for a formal opinion to the Attorney General's Office.

ARTICLE 12 Parliamentary Authority

Section 12.1 The rules contained in Robert's Rules of Order. The newly revised Robert's Rules of Order shall govern public meetings where they are not in conflict with the law, these bylaws, or other rules of the Authorizer Board. In making a ruling or interpretation of the rules, the order of determination shall be 1) the law, 2) these bylaws, 3) Board policy, and 4) Robert's Rules of Order, newly revised.

CERTIFIED as adopted and approved as the Bylaws of the Mississippi Charter School Authorizer Board, this the 12th day of April 2021.

Part 402 Part 402: Board Policies

Chapter 1 Declaratory Opinions

10 Miss. Admin. Code Pt. 402, R. 1.1 Application of Chapter

This chapter sets forth the Mississippi Charter School Authorizer Board rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Board’s procedures regarding the disposition of requests as required by Mississippi Code § 25-43-2.103.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 1.2 Scope of Declaratory Opinions

The Mississippi Charter School Authorizer Board will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by the Board, B. a rule promulgated by the Board, or C. an order issued by the Board.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 1.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 1.4 How to Submit Requests

When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request. A. Each request must be submitted on 8-1/2” x 11” white paper. B. The request may be in the form of a letter addressed to the Mississippi Charter School Authorizer Board or in the form of a pleading as if filed with a court. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. E. Each request must clearly state that it is a request for a declaratory opinion.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 1.5 Signature Attestation

Any party who signs the request 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 agency, administrative, or judicial tribunal.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 1.6 Request Content Requirement

Each request must contain the following: A. A clear identification of the statute, rule, or order at issue; B. The question for the declaratory opinion; C. A clear and concise statement of all facts relevant to the question presented; D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 1.7 Reasons for Refusal of Declaratory Opinion Request

The Mississippi Charter School Authorizer Board 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. The matter is outside the primary jurisdiction of the Board; B. Lack of clarity concerning the question presented; C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary; D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; E. The facts presented in the request are not sufficient to answer the question presented; F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules; G. 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 rule, statute, or order on which a declaratory opinion is sought; H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order; I. The question presented by the request concerns the legal validity of a statute, rule, or order; J. 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; K. No clear answer is determinable; L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime; M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; N. The question is currently the subject of an Attorney General's opinion request; O. The question has been answered by an Attorney General's opinion; P. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question; Q. 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; or

R. The question involves eligibility for a license, permit, certificate or other approval by the Mississippi Charter School Authorizer Board or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 1.8 Agency 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 Mississippi Charter School Authorizer Board shall, in writing: A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances; B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or C. Decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first business day after which the request is received by the Board.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 1.9 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

Source: Miss. Code Ann. § 25-43-2.105.

Chapter 2 Rulemaking Oral Proceedings

10 Miss. Admin. Code Pt. 402, R. 2.1 Purpose

This chapter consists of rules for oral proceedings held to provide the public an opportunity to comment on submissions made under the Administrative Procedures Act and the Rules in this Title.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 2.2 Application of Chapter

This chapter applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Mississippi Charter School Authorizer Board pursuant to the Administrative Procedures Act.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 2.3 Request for Oral Proceeding

When a political subdivision, an agency, or a citizen requests an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request.

A. Each request must be submitted on 8-1/2” x 11” white paper. B. The request may be in the form of a letter addressed to the Mississippi Charter School Authorizer Board or in the form of a pleading as if filed with a court. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 2.4 Notice of Oral Proceeding

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State’s Office for publication in the Administrative Bulletin. The agency providing the notice shall provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The Agency Head, or designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 2.5 Public Participation Guidelines

Public participation shall be permitted at oral proceedings in accordance with the following: A. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule. B. Persons wishing to make oral presentations at such a proceeding shall notify the Mississippi Charter School Authorizer Board at least three business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not contacted the Mississippi Charter Authorizer Board prior to the proceeding. C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. D. The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. E. Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding. F. Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter

relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

Source: Miss. Code Ann. § 25-43-2.105.

10 Miss. Admin. Code Pt. 402, R. 2.6 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Mississippi Charter Authorizer Board, part of the rulemaking record, and are subject to the Mississippi Charter School Authorizer Board’s public records request procedure. The Mississippi Charter School Authorizer Board may record oral proceedings by stenographic or electronic means.

History

Source: Miss. Code Ann. § 25-43-2.105.

Chapter 3 Public Records Requests

10 Miss. Admin. Code Pt. 402, R. 4.1 Records Received by Board

All records received by MCSAB will be considered public records unless the sending party requests in writing at the time the document is received that a specific document or a specific part(s) of a document be considered trade secrets or confidential commercial or financial information under Miss. Code Ann. § 24-61-9. If any documents that have been deemed by any third party to be considered trade secrets or confidential commercial or financial information be requested as a public record under the Mississippi Public Records Act, Miss. Code Ann. § 24-61-1, et seq., MCSAB will notify the third party of their opportunity under Miss. Code Ann. § 24-61-9 to seek a protective order. Any documents that have not been

deemed by any third party to be considered trade secrets or confidential commercial or financial information will be produced according to the Mississippi Public Records Act.

History

Source: Miss. Code Ann. § 37-28-9.

10 Miss. Admin. Code Pt. 402, R. 5.1 Hearing Procedure Variance

The Mississippi Charter School Authorizer Board (“MCSAB” or “Board”) may grant variances from these rules if it is determined that application of the rules would, in the particular case, be unnecessarily burdensome, and such variance would not be inconsistent with the public policy purposes of the Mississippi Charter Schools Act of 2013 (“Act”).

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.2 Severability

If any one or more of these rules, or any part of any rule is found to be invalid by any court of competent jurisdiction, such finding shall not affect the validity of any other rule or the remaining content of any part of a rule that is not found to be invalid. Further, if any one or more of these rules, or any part of any rule, is superseded, amended, or contradicted by subsequent legislations, such amendment or change by subsequent legislation in no way invalidates any other part of a rule or any other rules not addressed or impacted by subsequent legislative action.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.3 Oral opinions

Oral or informal opinions by members or staff of the Board as to the applicability of the Act and oral or informal representations by members or staff of the Board concerning the status of filings and applications made with the Board are not binding upon the Board. Requestors can obtain a written declaratory opinion from the Board by following the procedures described in the Board’s rule on Declaratory Opinions.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.4 Notice of Hearing

Written notice shall be provided to any charter school governing board or other person against whom the Board intends to institute an administrative hearing pursuant to the Act or these rules. At least thirty (30) calendar days of notice shall be given to the charter school governing board or other person prior to the hearing unless the charter school governing board or other person notified consents or the Board has authority to do so under applicable statute. Notice is effective on date of issue.

Such notice shall be made by certified mail, return receipt requested, and shall set forth the date, time and place for the administrative hearing and shall also designate a hearing officer.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.5 Appointment and Authority of Hearing Officer

The Board hereby appoints a designee chosen by the Executive Director from a list preapproved by the Board as hearing officer for all hearings held under this chapter.

The hearing officer has and shall exercise the power to regulate all proceedings in every hearing before him or her and to do all acts and take all measures necessary or proper for the efficient performance of his or her duties under these rules. The hearing officer may require production, through order or subpoena, of evidence upon all matters in the hearing, including the production of all books, papers, vouchers, documents, and writings applicable thereto. The hearing officer shall have the power to administer oaths and affirmations, examine witnesses, examine and report upon all matters referred to him or her. The hearing officer shall have the power to enter protective orders.

The hearing officer shall have the power to direct the issuance of subpoenas for witnesses to attend before him or her to testify in the cause. If any witness shall fail to appear, the hearing officer shall proceed by process to compel the witness to attend and give evidence. The hearing officer may direct the parties to participate in a conference or conferences prior to the hearing on the merits, for such purposes of expediting the disposition of the action and facilitating resolution of the case.

The hearing officer shall have the authority to admit into the record any evidence which, in his or her judgment, has a reasonable degree of probative value and trustworthiness. The hearing officer shall have the authority to exclude evidence which is irrelevant, immaterial, lacking in probative value, untrustworthy, or unduly cumulative.

The hearing officer may issue rulings on scheduling matters, protective orders, admissibility of evidence, and other procedural or pre-hearing matters. The hearing officer may alter any of the time periods provided by these regulations, upon his or her own initiative or upon a motion by a party or other person affected for good cause shown.

The hearing officer may clear the hearing room of witnesses not under examination. The hearing officer shall have the authority to maintain the decorum of the hearing and shall take reasonable steps to do so when necessary, including clearing the hearing room of any person who is disruptive.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.6 Appearance through Counsel

Parties to proceedings governed by this chapter may appear personally or through an attorney, except that a party must personally attend any hearing on the merits unless his attendance has been waived, in writing, by the hearing officer. When a party has appeared through an attorney, service of all notices, motions, orders, decisions, and other papers shall thereafter be made upon the attorney, unless the party requests otherwise in writing. When a party is represented by an attorney, the attorney shall sign all motions, oppositions, notices, requests, and other papers on behalf of the party, including any request for issuance of subpoena.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.7 Pre-Hearing Conference/Scheduling

The hearing officer may enter a scheduling order, or any such other order, that sets deadlines, conferences, or hearings deemed necessary or appropriate by the hearing officer. Oral argument will not normally be granted. However, the hearing officer may grant oral argument on any motion in his or her sole discretion.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.8 Subpoenas requested by parties

The hearing officer shall have the power to issue subpoenas for testimony or documents. Subpoenas may be issued to parties upon request, but only for the following purposes:

A. To compel a non-party witness to appear and give testimony at any hearing scheduled under these rules; or B. To compel any person to appear at the hearing on the merits of the case, to give testimony, or to produce documents or other tangible things.

Subpoenas requested by a party shall be submitted to the hearing officer on a form approved by the Board. Concurrently with the submission of the subpoena to the hearing officer, the requesting party shall serve a copy on all of the parties to the proceeding and shall file proof of such service with the Board and the hearing officer.

Subpoenas shall not be issued in blank. A subpoena submitted for issuance must contain the title and number of the case, the name of the person to whom it will be directed, the date, time and place of hearing, and the name and signature of the requesting party or his or her attorney. A subpoena duces tecum must in addition, contain a complete description of specific documents or other tangible things that the witness will be required to produce at the hearing.

Unless the witness agrees otherwise, a subpoena issued for the purposes provided in these rules must be served by the requesting party at least ten (10) calendar days prior to the hearing. A subpoena will be issued during the hearing or on less than ten (10) days’ notice only upon order of the hearing officer for reasonable cause shown by the requesting party.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.9 Conduct of Hearings

Hearings shall be informal, and the Miss. Rules of Evidence, while applicable, shall be relaxed. All witnesses who appear and testify under oath shall be subject to cross-examination.

Documents received into evidence by the hearing officer shall be marked by him or her, or under his or her direction, entered into evidence, and made a part of the record in the cause.

Rebuttal or surrebuttal evidence may be heard at the discretion of the hearing officer.

At the hearing, the Board shall be the first to present evidence.

The Board shall have the burden of proving its assertions by a preponderance of the evidence. Fraud must be proven by clear and convincing evidence.

A record of testimony at the hearing shall be made. A true and correct copy of said stenographic recording shall be made available to any party to the hearing requesting it, provided such party agrees to pay the expense of such copy.

Nothing contained herein shall prohibit the hearing officer from entering orders or making rulings which provide for the orderly conduct of said hearings. The hearing officer may limit the issues to be heard during any hearing. The hearing officer may also make rulings concerning any matters which do not involve a disputed issue of fact without setting a hearing concerning same. Continuances will not be granted except for good cause shown.

In computing any period of time prescribed or allowed under these rules, the hearing officer and all parties shall be guided by the Mississippi Rules of Civil Procedure.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

10 Miss. Admin. Code Pt. 402, R. 5.10 Recommendation of the Hearing Officer and Decision of the Board

All findings of fact and conclusions of law made by the hearing officer or the Board shall be based upon the preponderance of the evidence. The hearing officer shall reduce all recommendations to writing and submit those recommendations to the Board as described herein.

After all evidence is heard or received and the hearing is completed, the hearing officer shall, within a reasonable time thereafter, issue a report and recommendation that details his or her findings of fact and conclusions of law. All parties (including the Board) shall be served with the hearing officer’s report and recommendation. Within fourteen (14) calendar days following service of the findings, either party may present a written response to these findings to the Board. The Board will review the hearing officer’s report and recommendations, all exhibits entered into evidence, all written responses to the Report and Recommendations and, if desired, order a transcript of the hearing.

Thereupon, the Board may issue a final order adopting and accepting the hearing officer’s report and recommendations, rejecting the report and recommendations in whole or in part and issuing findings of fact and conclusions of law with a final order; or remand the case to the hearing officer for additional findings or clarification of key issues. A case is not concluded until issuance of a final order by the Board. All reports and recommendations and final orders shall be sent via certified mail, return receipt requested, to all parties who appeared at the administrative hearing or their attorney or authorized representative.

History

Source: Miss. Code Ann. § 37-28-9 and 33(8).

Part 403 Part 403

10 Miss. Admin. Code Pt. 403, R. 4.1 Criminal Background Checks for Applicants of Employment in Charter Schools

The Mississippi Charter School Authorizer Board is committed to the use of all reasonable means to ensure the safety of the students and employees at every charter school. The employment background screening process is designed to make the school environment safe and to screen out those persons who could be harmful to students or staff.

Pursuant to Section 37-28-49 of the Mississippi Code Annotated, all charter school teachers and other school personnel, as well as members of the governing board and any education service provider with whom a charter school contracts, are subject to criminal history record checks and fingerprinting requirements applicable to employees of other public schools.

The Mississippi Charter School Authorizer Board shall require that current criminal record background checks and current child abuse registry checks are obtained. All criminal record information and registry check are to be on file at the charter school for any new hires applying for employment.

In order to determine an applicant's suitability for employment, the applicant must be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints must be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The applicant may be required to pay the fee for such fingerprinting and criminal history record check, not to exceed fifty dollars ($50.00). Under no circumstances may a member of the Mississippi Charter School Authorizer Board, member of the charter school governing board or any individual other than the subject of the criminal history record checks disseminate information received through the checks except as may be required to fulfill the purposes of this section. The determination whether the applicant has a disqualifying crime must be made by the appropriate state or federal governmental authority, which must notify the charter school whether a disqualifying crime exists.

If the fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire is not eligible to be employed at the charter school. However, the charter school, in its discretion, may allow any applicant aggrieved by the employment decision under this section to show mitigating circumstances that exist and may allow, subject to the approval of the Mississippi Charter School Authorizer Board, the new hire to be employed at the school. The authorizer may approve the employment depending on the mitigating circumstances, which may include, but need not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; and (f) other evidence demonstrating the ability of the person to perform the

employment responsibilities competently and that the person does not pose a threat to the health or safety of children. Any employment contract or notification letter for a new hire executed by the charter school shall be voidable if the new hire receives a disqualifying criminal record check.

No charter school, charter school employee, member of the charter school governing board, the Mississippi Charter School Authorizer Board or member or employee of the Mississippi Charter School Authorizer Board may be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.

A charter school shall terminate any teacher or administrator for committing one or more of the following acts: (a) Engaging in unethical conduct relating to an educator-student relationship as identified by the Mississippi Charter School Authorizer Board; (b) Fondling a student as described in Section 97-5-23 or engaging in any type of sexual involvement with a student as described in Section 97-3-95; or (c) Failure to report sexual involvement of a charter school employee with a student as required by Section 97-5-24.

Part 403 Chapter 5. Equal Employment Opportunity

Rule 5.1: Policy on Equal Employment Opportunity. The State of Mississippi is an equal opportunity employer and assures equal employment opportunities to all persons regardless of political affiliation, race, color, handicap, genetic information, religion, national origin, sex, religious creed, age, or disability. In order to implement the State’s equal employment policy and to assure non-discriminatory personnel administration, the Mississippi Charter School Authorizer Board (“MCSAB”) promotes non-discriminatory practices and procedures in all phases of State Service personnel administration and prohibits any form of unlawful discrimination. Equal employment opportunity can only be attained through State agency commitment to complying with all applicable laws affording equal employment opportunities to individuals. Accordingly, it is imperative that State agencies make all personnel decisions in accordance with MCSAB policies, practices, and procedures.

The selection process and criteria must ensure fair and equitable treatment of all applicants and employees and not disqualify them if they have disabilities which prohibit or limit their ability to perform nonessential or marginal job functions. The Americans with Disabilities Act of 1990 requires state agencies to make reasonable accommodations for the known physical and mental limitations of otherwise qualified individuals with disabilities who are applicants or employees, provided such accommodations do not cause undue hardships to state agency operations. Qualified individuals with disabilities are persons with disabilities who meet the job-related requirements of an employment position and who can perform the essential functions of the position with or without reasonable accommodations. A person with a disability is considered an individual with a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.

Equal employment opportunity does not guarantee an employee any rights not otherwise provided by law.

History

Source: Miss. Code Ann., § 37-28-49.
Source: Miss. Code Ann., § 37-28-43.

Chapter 10 Compliance with State Law Regarding Diversity, Equity, and Inclusion in Public Education.

10 Miss. Admin. Code Pt. 403, R. 10.1 This policy implements House Bill 1193,

passed by the Mississippi Legislature during the 2025 Regular Session. This act prohibits public schools and public postsecondary educational institutions from taking certain actions and engaging in discrimination practices, specifically related to diversity, equity, and inclusion (“DEI”). It seeks to ensure that employment, academic opportunities, and student engagement are based solely on individual merit, qualifications and academic performance, without consideration of an individual’s race, sex, color, national origin, or expressed opposition to, or refusal to affirm or participate in diversity, equity, and inclusion.

A. Diversity, Equity and Inclusion Prohibitions As defined in House Bill 1193, State law prohibits public schools from: 1. Establishing or maintaining a diversity, equity and inclusion office. 2. Engaging in divisive concepts. 3. Hiring or assigning faculty, staff, or employees of the public school or contracting with a third party to perform the duties of a diversity, equity, and inclusion office. 4. Requiring, requesting, or considering diversity statements or similar materials from job applicants as part of the hiring process, contract renewal process, evaluation or promotion process. 5. Giving preference based on race, sex, color, or national origin to an applicant for employment, or when awarding a contract at the public school. 6. Maintaining any programs, including academic programs or courses, or offices that promote diversity, equity and inclusion, endorse divisive concept or concepts promoting transgender ideology, gender-neutral pronouns, deconstruction of heteronormativity, gender theory, sexual privilege or any related formulation of these concepts. 7. Requiring, as a condition of enrolling at, accepting employment with, or being awarded a contract at a public school, or as a requirement of continuing enrollment, employment, or contractual obligations at a public school, any person to participate in diversity, equity, and inclusion training. 8. Penalizing or discriminating against a student, employee, faculty, staff, or contractor on the basis of his or her refusal to support, believe, endorse, embrace, confess, act upon or otherwise assent to a diversity, equity or inclusion concept. 9. Requiring any “diversity training” or any other policies or procedures that result in any formal or informal education, seminars, workshops, or institutional program that focus

Statutory reference shall be added once provided.

on increasing awareness or understanding of issues related to race, sex, color, gender identity, sexual orientation, or national origin.

B. Complaint Process

The Governing board of each charter school shall develop, adopt, and communicate complaint policies and processes to implement the requirements of House Bill 1193 with the minimum required elements. 1. Any employee, faculty, staff or contractor, or student who desires to assert a violation of House Bill 1193, may file a Formal Complaint. Any student under the age of 18 may file a complaint through a parent, guardian or next friend, and may file a complaint in his or her own name upon reaching the age of 18. 2. The Formal Complaint shall be written and signed by the complainant, and shall include the following: a. The full name, address, and telephone number of the individual filing the complaint. b. Name of potential individuals impacted by alleged violation. c. Dated and/or times of the alleged violation. d. Specific nature of the alleged violation, including identification of which section of House Bill 1193 was allegedly violated. e. A statement explaining how the complainant has been harmed by the public school’s alleged failure to comply with House Bill 1193. f. Names of any potential witnesses. g. A statement as to whether any internal or external grievance, charge, complaint, or civil action has been instituted by the complainant in any other form or forum, based upon the same allegation contained in the Formal Complaint, together with a statement as to the status or disposition of such other action. h. Any other relevant information that would support an investigation. 3. The Formal Complaint shall be filed with the governing board of the charter school in which the violation occurred. 4. The Formal Complaint shall be filed within 30 days of the alleged violation. 5. The Governing board of the charter school shall prescribe the manner in which the Formal Complaint shall be delivered.

C. Investigations

The Governing board of each charter school shall develop, adopt, and communicate investigative policies and procedures to implement the requirements of House Bill 1193 with the minimum required elements. 1. Upon receipt of a complete, timely, and properly filed Formal Complaint, the governing board of a charter school shall investigate the reported violation or potential violation under the board’s adopted procedures. 2. Within thirty (30) days of receipt of a complete, timely, and properly filed Formal Complaint, the governing board of a charter school shall take action on the Formal Complaint.

a. If the governing board of a charter school determines there is no violation of House Bill 1193, they shall provide written notification reflecting that determination. Such final ruling shall be provided to the complainant. b. If the governing board of a charter school determines that a violation of House Bill 1193 has occurred, the governing board of a charter school shall provide written notification to the charter school superintendent/executive director with a copy sent to the complainant. The charter school shall have twenty-five (25) days from receipt of the formal notice of violation to cure the violation and to provide documentation of the curative actions to the governing board of the charter school. After the twenty-five (25) day period, the governing board of the charter school shall issue a final ruling to the charter school and complainant setting forth the violation and the curative response. c. Anyone aggrieved by a formal finding of the governing board is entitled to judicial review in accordance with House Bill 1193.

D. Assurances and Reporting

Within 90 days of this adoption of this policy, every charter school shall adopt and communicate policies, procedures, or other guidance governing the complaint process and investigative procedures regarding House Bill 1193. 2. The charter school superintendent/executive director shall, upon confirming the school’s compliance with this policy, submit to the Mississippi Charter School Authorizer Board, a certification on behalf of the charter school, that the charter school complies with House Bill 1193. 3. The required form of certification shall be prescribed by the Mississippi Charter School Authorizer Board and shall be due annually by July 30th. 4. Beginning in 2026, by July 30 of each year, every superintendent/executive director shall submit to their governing board an annual report summarizing all formal complaints and the dispositions of those investigations and violations. 5. Each annual report submitted to the governing board of a charter school shall also be submitted to the Mississippi Charter School Authorizer Board by August 15 of each year. 6. The Mississippi Charter School Authorizer Board shall annually prepare a report to submit to the Legislature, as required by House Bill 1193, consisting of the reports from all charter schools, along with any recommendations.

E. Withholding of Funds

If a charter school is determined, through final adjudication of the administrative procedures process and exhaustion of all judicial appeals, to be in violation of any provision of the Act on two separate instances, and if the governing board determines that the second or subsequent violation remains uncured by the charter school beyond thirty (30) days of the exhaustion of all judicial appeals, the Mississippi Charter School Authorizer Board and the State Department of Education shall withhold disbursement of the state share of the total student funding formula funds to the charter school.
The Mississippi Charter School Authorizer Board and the State Department of Education shall provide written notification to the charter school of the disbursement withholding, along with the amount being withheld. 3. Funds shall be withheld until the governing board, the Mississippi Charter School Authorizer Board, or the State Board of Education, certify that the charter school is compliant with the Act and that certification is affirmed by the Mississippi Attorney General or a court of competent jurisdiction.

History

Source: House Bill 1193, Miss. Leg. 2025 (Reg. Session)

Part 404 Board Policies

10 Miss. Admin. Code Pt. 404, R. 1.1 Performance Framework Policy

The Mississippi Charter School Authorizer Board (MCSAB or Board) has the responsibility of making sure charter schools provide an excellent education for Mississippi public school students. The Board also acknowledges that charter schools need independence in order to develop and apply the policies and educational strategies that maximize their effectiveness. The Mississippi Charter School Performance Framework (Performance Framework) balances these two considerations as the primary accountability mechanism for all charter schools authorized by the MCSAB.

The MCSAB is accountable for implementing a rigorous and fair oversight process that respects the autonomy that is vital to charter school success. The Performance Framework helps the Board fulfill this responsibility by providing:

● Clear standards and expectations for schools ● A transparent, consistent oversight process that is respectful of school autonomy ● A focus on student outcomes and not on inputs

CHARTER SCHOOL PERFORMANCE FRAMEWORK BOARD APPROVED ~ March 2024

Table of Contents A. Introduction ................................................................................................................ 3 B. Academic Performance Framework .........................................................................6 C. Academic Performance Framework Internal Companion Guidance ................... 24 D. Financial Performance Framework ......................................................................... 34 E. Financial Performance Framework Internal Companion Guidance ...................... 52 F. Organizational Performance Framework ................................................................ 59 G. Organizational Performance Framework Internal Companion Guidance ............ 90 H. Annual Performance Framework Report Template ............................................. 112 I. Intervention Ladder ................................................................................................. 137 J. Statement of Assurance ..........................................................................................140

Mississippi Charter School Performance Framework Introduction Introduction Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Introduction

The Mississippi Charter School Authorizer Board (MCSAB or Board) has the responsibility of making sure charter schools provide an excellent education for Mississippi public school students. The Board also acknowledges that charter schools need independence in order to develop and to apply the policies and educational strategies that maximize their effectiveness. The Mississippi Charter School Performance Framework (Performance Framework) balances these two considerations as the primary accountability mechanism for all charter schools authorized by the MCSAB.

The Mississippi Department of Education (MDE) functions as a resource for federal education requirements, special education compliance, and funding for charter schools. However, the MCSAB is accountable for implementing a rigorous and fair oversight process that respects the autonomy that is vital to charter school success. The Performance Framework helps the Board fulfill this responsibility by providing:

• Clear standards and expectations for schools • A transparent, consistent oversightprocess that is respectful of school autonomy • A focus on student outcomes, not inputs

Background The MCSAB first released the Mississippi Charter School Performance Framework through the Board’s creation in 2013. This revised performance framework takes into consideration the valuable input of Mississippi’s stakeholders—including school leaders and representatives, community advocates, and external experts. The Board invites Mississippi’s charter schools to be partners in the continuous improvement of the Performance Framework, as it remains a dynamic process subject to continuous review and improvement.

Mississippi Charter School Performance Framework Introduction Introduction Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Guiding Criteria for the MCSAB Performance Framework The content of the framework is guided by the following criteria:

Research-motivated Measurable Stakeholder Agreement Aligned

• Research‐motivated: There is strong theory and empirical evidence to support the use of the performance indicator • Measurable: Data are available and accessible to measure and track progress on the performance indicator • Stakeholder Agreement: Stakeholders prioritize the performance indicators and agree that a school could impact the performance indicators • Aligned: Indicators are aligned to Miss Code Ann. § 37-28-29, national best practices, and the charter contract

Using Information from the Performance Framework MCSAB will use the information from the Performance Framework for multiple purposes and activities: • Providing each school with a complete Annual Performance Framework Report • Communicating clear information so all stakeholders can understand where Mississippi’s charter schools are meeting or exceeding standards, and where they are failing to achieve key performance standards • Capturing comprehensive information for data-driven charter renewal determinations, in combination with other materials • Differentiating monitoring and oversight based on each school’s performance • Offering incentives for high-performing charter schools that regularly achieve their academic, financial soundness, and organizational performance standards • Providing objective information for students and families who want to learn more about the charter schools in their community

Mississippi Charter School Performance Framework Introduction Introduction Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Framework Structure The Performance Framework is comprised of three performance areas: 1. Academic Performance 2. Financial Performance 3. Organizational Performance

Determination of Charter School Performance MCSAB will use each section of the framework as a stand-alone performance evaluation tool; therefore, each school will receive a separate, overall rating for Academic Performance, Financial Performance, and Organizational Performance. MCSAB will exercise a high degree of professional judgment to evaluate evidence, assign ratings, and assess the overall academic, financial, and organizational health of a school. The Performance Framework serves as a tool to assist MCSAB in monitoring and decision-making and is meant to complement, not replace, the critical role of professional judgment in determining overall charter school performance.

Dissemination of Information

To ensure the integrity of the accountability model, MCSAB will adhere to the following business rules for dissemination of results from the Performance Framework evaluation: • As soon as practical after receipt of the necessary data, schools will receive Academic, Financial, and Organizational Annual Performance Framework reports, Framework Excel workbooks, and backup documentation for review. Within fifteen (15) business days of receipt, written evidence must be submitted for any factual errors identified. • The finalized report in PDF format and Framework Excel workbooks will be the official sole source documentation retained and published by MCSAB.

Mississippi Charter School Performance Framework Academic Performance Framework Academic Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Academic Performance Framework The MCSAB academic performance framework is a multi-measure framework that provides information about whether the charter school's education program results in high student outcomes. The academic performance framework indicators, measures, metrics, and cut scores are designed to (1) align to but not be limited to the measures defined by the Mississippi Charter School Law, (2) include outcome measures covering the full span of grade levels offered by a school, (3) include measures where publicly available data are available and easy to use in calculations, and (4) use comparisons to the geographic district, where available, to provide information about relative performance. The academic performance framework is comprised of seven indicators: 1. State Accountability 2. Academic Proficiency 3. Academic Growth 4. Academic Gap 5. Academic Readiness 6. Postsecondary Readiness 7. School-Specific [OPTIONAL]

Each indicator within the academic performance framework includes measures and metrics. Measures and metrics provide the details to evaluate the indicator.

Ratings The academic performance framework includes a rubric with rating criteria and cut scores for each metric that indicate the metric performance targets associated with four ratings: 1. Exceeds Expectations 2. Meets Expectations

Approaches Expectations 4. Fails to Meet Expectations

Weights The academic performance framework assigns weights to indicators and measures based on the importance of the indicators and weights. The weights may vary based on the grade configuration of the charter school and data availability (note: more inform ation about the weights can be found in the academic performance framework workbook).

Calculating an Overall Academic Performance Rating Academic performance framework data are collected, scored, and aggregated based on the following steps: 1. Collect data for each metric based on internal companion guidance 2. Enter data in academic performance framework workbook 3. Verify data with charter schools 4. Score metric data based on rating criteria and cut scores 5. Take average of data scores within a metric to produce measure score 6. Multiply measure score by measure weights to produce weighted measure subscores (weights based on grade configuration and data availability) 7. Add weighted measure subscores within indicators to produce weighted indicator scores 8. Divide weighted indicator scores by indicator weights to produce indicator scores (weights based on grade configuration and data availability) 9. Add indicator scores to produce overall academic performance framework score that corresponds to a rating

Indicator 1: State Accountability Measure 1(a): School Grade This measure evaluates the official letter grade assigned to all public schools as calculated by MDE.

Measure

Metric Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(1a) School Letter Grade

Letter Grade (A-F)

B-C

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels MS Succeeds Report Card All All 3-8, HS

Cut Score Notes: • Cut score ranges based on prior academic performance framework scoring

Indicator 2: Academic Proficiency Measure 2(a): MAAP Proficiency, Overall This measure evaluates the difference in overall academic proficiency between charter schools and the geographic school district in which the school is located.

Measure

Metric Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(2a) MAAP Proficiency, Overall Percent of students scoring PL4 (Proficient) or PL5 (Advanced) 20 percentage points or more below geographic district average 19 percentage points or less below geographic district average Equal to or up to 19 percentage points above geographic district average 20 percentage points or more above geographic district average

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. Mississippi Academic Assessment Program (MAAP) 2. MDE fall enrollment count

All English Language Arts (ELA), Mathematics, Science, Algebra I, Biology I, English II, and US History

3-8, HS

Cut Score Notes: • Cut scores based on an analysis of historical MAAP proficiency and growth data for three years of data (2016-17 - 2018-19) • The analysis used overall and subgroup data by grade level to examine the distribution of differences between school and geographic district or state averages, testing cut score options with the district or state average serving as the floor of the Meets Expectations category • The range of 20 percent around the district average allowed for the most differentiation between schools

Indicator 2: Academic Proficiency Measure 2(b): MAAP Proficiency, Subgroup This measure evaluates the difference in subgroup academic proficiency between charter schools and the geographic school district in which the school is located.

Measure

Metric Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(2b) MAAP Proficiency, Subgroup Percent of students scoring PL4 (Proficient) or PL5 (Advanced) 20 percentage points or more below geographic district average 19 percentage points or less below geographic district average Equal to or up to 19 percentage points above geographic district average 20 percentage points or more above geographic district average

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. Mississippi Academic Assessment Program (MAAP) 2. MDE fall enrollment count Subgroups (gender, race, poverty, special education, English learner) English Language Arts (ELA), Mathematics, Science, Algebra I, Biology I, English II, and US History

3-8, HS Cut Score Notes: • Cut scores based on an analysis of historical MAAP proficiency and growth data for three years of data (2016-17 - 2018-19) • The analysis used overall and subgroup data by grade level to examine the distribution of differences between school and geographic district or state averages, testing cut score options with the district or state average serving as the floor of the Meets Expectations category • The range of 20 percent% around the district average allowed for the most differentiation between schools

Indicator 3: Academic Growth

Indicator 3: Academic Growth Measure 3(a): MAAP Growth, Overall This measure evaluates the difference in overall weighted average growth percent, the growth measure for the state assessment, between charter schools and the geographic school district in which the school is located.

Measure

Metric Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(3a) MAAP Growth, Overall

Weighted average growth percent 20 percentage points or more below geographic district average 19 percentage points or less below geographic district average Equal to or up to 19 percentage points above geographic district average 20 percentage points or more above geographic district average

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. Mississippi Academic Assessment Program (MAAP) 2. MDE fall enrollment count

All

English Language Arts (ELA), Mathematics

3-8, HS

Indicator 3: Academic Growth Measure 3(b): MAAP Growth, Subgroup

This measure evaluates the difference in subgroup weighted average growth percent, the growth measure for the state assessment, between charter schools and the geographic school district in which the school is located.

Measure

Metric Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(3a) MAAP Growth, Subgroup

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. Mississippi Academic Assessment Program (MAAP) 2. MDE fall enrollment count Subgroups (gender, race, poverty, special education, English learner)

English Language Arts (ELA), Mathematics

3-8, HS

Indicator 3: Academic Growth Measure 3(c): School-Selected Growth

This measure evaluates academic growth for students in the charter school, which may include grade levels not tested by the state assessment.

Measure

Metric

Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(3c) School-Selected Growth

[School chooses one benchmark assessment and one metric] Percent of students meeting growth projection between fall and spring (option 1)

29% or less

30% to 49%

50% to 69%

70% or more Median Student Growth Percentile (SGP) (option 2) Median SGP of 44 or less Median SGP between 45 and 49 Median SGP between 50 and

Median SGP of 65 or higher TBD based on agreement between MCSAB and school (option 3)

TBD

MCSAB staff will reference the following information to evaluate this measure:

Cut Score Notes: • Documentation from assessments that report student growth projections (e.g., NWEA MAP and STAR) indicate a normal distribution, on average, of the percent of students who meet growth projections, which supports putting the floor for Meeting Expectations at 50 percent% • Median SGP cut scores based on review of median SGP ranges used by national authorizers • MCSAB and school may agree on different student growth targets based on assessment vendor documentation

NWEA MAP, STAR, or another benchmark assessment (approved by MCSAB) that reports student-level growth projects OR 2. STAR or another benchmark assessment (approved by MCSAB) that reports student-level median SGP OR 3. Another benchmark assessment (approved by MCSAB) that reports a student-level growth measure

Grade Levels

Reading, Mathematics

KG-8 Data Source Groups Subject Grade Levels

Indicator 4: Academic Gap Measure 4(a): MAAP Academic Gap

This measure evaluates the difference in subgroup academic gaps between charter schools and the geographic school district in which the school is located.

Measure

Metric

(4a) MAAP Academic Gap

Academic gap between major subgroups

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels

Mississippi Academic Assessment Program (MAAP) Subgroups (gender, race, poverty, special education, English learner)

English Language Arts (ELA), Mathematics

3-8

Mississippi Charter School Performance Framework Academic Performance Framework Indicator 5: Academic Readiness Academic Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Measure 5(a): Kindergarten Readiness This measure evaluates the kindergarten reading readiness of students in charter schools.

Measure

Metric

Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(5a) Kindergarten Readiness

Average spring scale score

Spring scale score between 300-487

Spring scale score between 488-674 Spring scale score between 675-774 Spring scale score between 775-900

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. Kindergarten Readiness Assessment All Reading KG

Cut Score Notes: • Cut score ranges based on STAR Early Literacy Achievement Standards: Early Emergent Reader (300-487), Late Emergent Reader (488-674), Transitional Reader (675-774), Probable Reader (775-900)

Measure 5(b): 3rd Grade Reading Readiness This measure evaluates the difference in 3rd grade reading readiness between charter schools and the geographic school district in which the school is located.

Measure

Metric

Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(5b) 3rd Grade Reading Readiness

Percent of students scoring at or above PL3 20 percentage points or more below geographic district average 19 percentage points or less below geographic district average Equal to or up to 19 percentage points above geographic district average 20 percentage points or more above geographic district average

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. Mississippi Academic Assessment Program (MAAP) All English Language Arts (ELA) Subscore 3rd

Cut Score Notes: • PL3 and above meets requirements of Mississippi Literacy-Based Promotion Act • Cut score ranges based on the analysis of other Mississippi proficiency and growth data

Mississippi Charter School Performance Framework Academic Performance Framework Indicator 6: Postsecondary Readiness Academic Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Measure 6(a): Graduation Rate This measure evaluates the high school 4-year cohort graduation rate for charter schools.

Measure

Metric

Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(6a) Graduation Rate 4-year cohort graduation rate

69% or less

70% and 79%

80% and 89%

90% or higher

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels MS Succeeds Report Card All, Subgroups

Cut Score Notes: • Cut score ranges based on review of absolute 4-year cohort graduation rate ranges for used by regional and national authorizers

Measure 6(b): Application Rate This measure evaluates the postsecondary application rate for charter schools.

Measure

Metric

Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(6b) Application Rate Percent of 12th grade students applying to a postsecondary institution

49% or less

50% and 69%

70% and 89%

90% or higher

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. School student exit survey 2. MDE fall enrollment count All

Cut Score Notes: • Postsecondary application rate cut score range is based on the ranges for admission and matriculation rates in NACSA's Core Performance Framework and Guidance

Measure 6(c): Admission Rate This measure evaluates the postsecondary admission rate for charter schools.

Measure

Metric

Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(6c) Admission Rate Percent of 12th grade students admitted to a postsecondary institution

49% or less

50% and 69%

70% and 89%

90% or higher

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. School student exit survey 2. MDE fall enrollment count All

Cut Score Notes: • Postsecondary admission rate cut score range based on the ranges in NACSA's Core Performance Framework and Guidance

Indicator 6: Postsecondary Readiness

Measure 6(d): Matriculation Rate This measure evaluates the immediate postsecondary enrollment rate for charter schools.

Measure

Metric

Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(6d) Matriculation Rate Percent of graduates enrolled in postsecondary institutions in the fall following graduation

49% or less

50% and 69%

70% and 89%

90% or higher

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. School student exit survey OR National Student Clearinghouse (NSC) 2. MDE fall enrollment count

All

Cut Score Notes: • Immediate postsecondary enrollment rate cut score range based on the ranges in NACSA’s Core Performance Framework and Guidance

Indicator 6: Postsecondary Readiness Measure 6(e): Employment Rate

This measure evaluates the immediate postsecondary enrollment rate for charter schools.

Measure

Metric

Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4

(6e) Employment Rate Percent of graduates who did not enroll in postsecondary institutions employed in the fall following graduation (including military service)

49% or less

50% and 69%

70% and 89%

90% or higher

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels 1. School student exit survey All HS

Cut Score Notes: • Postsecondary employment rate cut score range based on ranges in NACSA's Core Performance Framework and Guidance

Indicator 7: School-Specific [OPTIONAL] Measure 7(a): TBD based on agreement between MCSAB and school The school-specific indicator is optional in the academic performance framework. Charter schools may opt to use this indicator to identify and set targets for alternative measures of school performance. The school may select one or more alternative measures for the school-specific indicator. School-specific measures may include, but are not limited to, student/family satisfaction, student engagement, student social-emotional development, and school climate. The school must work with MCSAB to approve measures and targets.

Measure

Metric Fails to Meet Expectations Approaches Expectations Meets Expectations Exceeds Expectations 1 2 3 4 7(a) TBD based on agreement between MCSAB and school TBD based on agreement between MCSAB and school

TBD

MCSAB staff will reference the following information to evaluate this measure:

Data Source Groups Subject Grade Levels Data provided by school

Cut Score Notes: TBD

Annual Performance Framework Academic Performance Internal Companion Guidance Internal Companion Guidance_Academic Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

The Internal Companion Guidance document is intended to provide MCSAB staff and charter schools with guidance on how the components of the Academic Performance Framework will be defined and calculated to create the Annual Performance Report for each school. MCSAB staff should use this document in conjunction with the Academic Performance Framework Workbook.

Contents Indicator 1: State Accountability .......................................................................................................... 3 Measure 1(a): School Grade ............................................................................................................ 3 Indicator 2: Academic Proficiency ....................................................................................................... 3 Measure 2(a): MAAP Proficiency, Overall ....................................................................................... 3 Measure 2(b): MAAP Proficiency, Subgroup .................................................................................. 4 Indicator 3: Academic Growth ............................................................................................................. 4 Measure 2(a): MAAP Growth, Overall .............................................................................................. 4 Measure 2(b): MAAP Growth, Subgroup ......................................................................................... 5 Measure 2(c): School-Selected Growth ........................................................................................... 5 Indicator 4: Academic Gap ................................................................................................................... 6 Measure 4(a): MAAP Academic Gap ............................................................................................... 6 Indicator 5: Academic Readiness ........................................................................................................ 7 Measure 5(a): Kindergarten Readiness ........................................................................................... 7 Measure 5(b): 3 rd Grade Reading Readiness .................................................................................. 7 Indicator 6: Postsecondary Readiness ................................................................................................ 8 Measure 6(a): Graduation Rate ........................................................................................................ 8 Measure 6(b): Application Rate ....................................................................................................... 8 Measure 6(c): Admission Rate ......................................................................................................... 8 Measure 6(d): Matriculation Rate .................................................................................................... 9 Measure 6(e): Employment Rate ..................................................................................................... 9 Indicator 7: School-Specific [OPTIONAL] .......................................................................................... 10 Measure 7(a): TBD .......................................................................................................................... 10

Geographic School District The following measures use metrics that compare charter school data with data from traditional public schools in the school district in which the school is located, or the geographic school district: • (2a) MAAP Proficiency, Overall • (2b) MAAP Proficiency, Subgroup • (3a) MAAP Growth, Overall • (3b) MAAP Growth, Subgroup • (5b) 3 rd Grade Reading Readiness The geographic school district shall be composed of traditional public schools from the district in which the charter school is located that have the same school type (i.e., elementary, elementary/middle, middle, middle/high, and high schools) as the charter school. Annually, MCSAB will identify the set of traditional public schools in each charter school’s geographic school district. The set of schools in the geographic school district will be the same for a charter school for each of the measures listed above. Identify the set of traditional public schools in a charter school’s geographic school district with the following steps: 1. Use the MDE fall enrollment count data file to establish the lowest and highest grade levels offered at (1) the charter school and (2) all the traditional public schools in the school district in which the charter school is located 2. Establish the school type for the charter school and all traditional public schools in the school district using the following rules: • Elementary School: lowest grade = PK/ECE or KG and highest grade = PK/ECE, KG, 1, 2, 3, 4, or 5 • Elementary/Middle School: lowest grade = PK/ECE or KG and highest grade = 6, 7, or 8 • Middle School: lowest grade = 5 or 6 and highest grade = 5, 6, 7, or 8 • Middle/High School: lowest grade = 5 or 6 and highest grade = 9, 10, 11, or 12 • High School: lowest grade = 9 and highest grade = 9, 10, 11, or 12 3. Once the school type is established for the charter school, identify the traditional public schools (excluding magnet and special schools) from the district in which the charter school is located that have the same school type. Match charter schools identified as elementary/middle with both elementary and middle traditional public schools. Match charter schools identified as middle/high with both middle and high traditional public schools. Use the list of traditional public schools matched to the charter school by school type as the charter school’s geographic school district for analysis of the measures listed above.

Indicator 1: State Accountability Measure 1(a): School Grade Metric: Letter Grade (A-F) Metric Calculation Notes: • Collect charter school grade data from MS Succeeds Report Card when released by MDE • Enter charter school grade into “data – mde” tab of the Academic Framework workbook • Score charter school grade data based on rating criteria and cut scores

Indicator 2: Academic Proficiency Measure 2(a): MAAP Proficiency, Overall Metric: Percent of students scoring PL4 (Proficient) or PL5 (Advanced)

Metric Calculation Notes: • Collect school-level overall proficiency data from MAAP data files provided by MDE for the charter school and schools in the geographic school district with the same school type as the charter school • For each school, add the percent of students scoring PL4 (Proficient) with the percent of students scoring PL5 (Advanced) for the total percent of students scoring PL4 (Proficient) or PL5 (Advanced) for each subgroup, by subject area • Calculate an average school-level overall percent proficiency (PL4 + PL5) for schools in the geographic school district with the same school type as the charter school, by subject area • Enter the charter school overall percent proficient (PL4 + PL5) and geographic school district average overall percent proficient (PL4 + PL5) into “data–mde” tab of the Academic Framework workbook, by subject area • Subtract the charter school’s school-level overall percent proficient (PL4 + PL5) from geographic school district overall average percent proficient (PL4 + PL5), by subject area • Score difference between charter school and geographic district average based on rating criteria and cut scores

Measure 2(b): MAAP Proficiency, Subgroup Metric: Percent of students scoring PL4 (Proficient) or PL5 (Advanced)

Metric Calculation Notes: • Collect school-level subgroup proficiency data from MAAP data files provided by MDE for the charter school and schools in the geographic school district with the same school type as the charter school o Note: only subgroups reported in MAAP data files by MDE are eligible for scoring • For each school, add the percent of students scoring PL4 (Proficient) with the percent of students scoring PL5 (Advanced) for the total percent of students scoring PL4 (Proficient) or PL5 (Advanced) for each subgroup, by subject area • Calculate average school-level subgroup percent proficient (PL4 + PL5) for each reported subgroup for schools in the geographic school district with the same school type as the charter school, by subject area • Enter the charter school subgroup percent proficient (PL4 + PL5) and geographic school district average subgroup percent proficient (PL4 + PL5) for each subgroup into “data– mde” tab of the Academic Framework workbook, by subject area • Subtract the charter school’s school-level subgroup percent proficient (PL4 + PL5) from geographic school district overall average percent proficient (PL4 + PL5) for each subgroup, by subject area • Score difference between charter school and geographic district average for each subgroup based on rating criteria and cut scores

Indicator 3: Academic Growth Measure 3(a): MAAP Growth, Overall Metric: Weighted average growth percent Metric Calculation Notes: • Collect school-level overall weighted average growth percent data from MAAP data files provided by MDE for the charter school and schools in the geographic school district with the same school type as the charter school • Calculate an average school-level weighted average growth percent for schools in the geographic school district with the same school type as the charter school, by subject area • Enter the charter school overall weighted average growth percent and geographic school district average weighted average growth percent into “data–mde” tab of the Academic Framework workbook, by subject area

• Subtract the charter school’s school-level overall weighted average growth percent from geographic school district overall average weighted average growth percent, by subject area • Score difference between charter school and geographic district average based on rating criteria and cut scores

Measure 3(b): MAAP Growth, Subgroup Metric: Weighted average growth percent Metric Calculation Notes: • Collect school-level subgroup weighted average growth percent data from MAAP data files provided by MDE for the charter school and schools in the geographic school district with the same school type as the charter school o Note: only subgroups reported in MAAP data files by MDE are eligible for scoring • Calculate average school-level subgroup weighted average growth percent for each reported subgroup for schools in the geographic school district with the same school type as the charter school, by subject area • Enter the charter school subgroup weighted average growth percent and geographic school district average subgroup weighted average growth percent for each subgroup into “data–mde” tab of the Academic Framework workbook, by subject area • Subtract the charter school’s school-level subgroup weighted average growth percent from geographic school district overall average weighted average growth percent for each subgroup, by subject area • Score difference between charter school and geographic district average for each subgroup based on rating criteria and cut scores

Measure 3(c): School-Selected Growth Metric: Percent of students meeting growth projection between fall and spring (option 1)

Metric Calculation Notes: • If the metric is selected, collect from the charter school the percent of students making growth projection, by subject area and grade level, on NWEA MAP, STAR, or another MCSAB-approved benchmark assessment that reports student-level growth projections • All students taking both fall and spring benchmark assessment are eligible and should be included in metric calculation • Enter the charter school percent of students making growth projections, by subject area and grade level, into “data–mde” tab of the Academic Framework workbook • Score percent of students making growth projection data, by subject area and grade level,

based on rating criteria and cut scores

Metric: Median Student Growth Percentile (SGP) (option 2)

Metric Calculation Notes: • If the metric is selected, collect from the charter school the median student growth percentile (SGP), by subject area and grade level, on STAR or another MCSAB-approved benchmark assessment that reports student-level median SGP • All students taking both fall and spring benchmark assessment are eligible and should be included in metric calculation • Enter the charter school median SGP, by subject area and grade level, into “data – benchmark assessment” tab of the Academic Framework workbook • Score median SGP data, by subject area and grade level, based on rating criteria and cut scores

Metric: TBD based on agreement between MCSAB and school (option 3)

Metric Calculation Notes: • If charter school and MCSAB agree on another benchmark assessment or another metric based on the assessments listed (e.g., NWEA MAP and STAR), they will work together to identify an appropriate student growth metric and targets based on documentation from assessment vendor

Indicator 4: Academic Gap Measure 4(a): MAAP Academic Gap Metric: Academic gap between major subgroups Metric Calculation Notes: • If charter school LEAs are not included in MDE academic gap data file, do not include measure in performance framework • Currently, the MDE academic gap data files only include gaps in academic proficiency. Use the available data. If new MDE gap data files include gaps in both academic proficiency and academic growth, report both. • Collect charter school LEA academic gap data from academic gap data files provided by MDE

• Include only subgroups reported by MDE in academic gap data file (schools do not need to request a waiver for subgroups with low N counts) • Collect LEA-level academic gap data from academic gap data files provided by MDE for the charter school LEA o Note: MDE academic gap data files report data at the LEA-level, not the school- level

Indicator 5: Academic Readiness Measure 5(a): Kindergarten Readiness Metric: Average spring scale score Metric Calculation Notes: • Collect charter school average spring scale score from Kindergarten Readiness Assessment from MDE report • Enter the charter school average spring scale score data into the “data—kg readiness” tab of the Academic Framework workbook • Score average spring scale score based on rating criteria and cut scores

Measure 5(b): 3 rd Grade Reading Readiness Metric: Percent of students scoring at or above PL3 Metric Calculation Notes: • Collect 3 rd grade percent scoring PL3 or higher data from MAAP ELA subscore report provided by MDE for the charter school and schools in the geographic school district with the same school type as the charter school o Note: percent scoring PL3 or higher may be called “Met LBPA Requirements” in MDE report

• Calculate an average 3 rd grade percent scoring PL3 or higher for schools in the geographic school district with the same school type as the charter school • Enter the charter school 3 rd grade percent scoring PL3 or higher and geographic school district average 3 rd grade percent scoring PL3 or higher into “data–mde” tab of the Academic Framework workbook • Subtract the charter school’s 3 rd grade percent scoring PL3 or higher from geographic school district 3 rd grade percent scoring PL3 or higher • Score difference between charter school and geographic district average based on rating criteria and cut scores

Indicator 6: Postsecondary Readiness Measure 6(a): Graduation Rate Metric: 4-year cohort graduation rate

Metric Calculation Notes: • Collect charter school 4-year cohort graduation rate data from MS Succeeds Report Card data files provided by MDE • Enter the charter school 4-year cohort graduation rate data into the “data–high school” tab of the Academic Framework workbook • Score 4-year cohort graduation rate based on rating criteria and cut scores

Measure 6(b): Application Rate Metric: Percent of 12 th grade students applying to a postsecondary institution

Metric Calculation Notes: • Collect from the charter school the number of 12 th grade students who submitted postsecondary applications before high school graduation • Collect fall count enrollment numbers for 12 th grade students at charter school from the MDE fall enrollment count data file • Divide the number of 12 th grade students who applied to a postsecondary institution by the 12 th grade fall enrollment numbers • Enter the charter school application rate data into the “data–high school” tab of the Academic Framework workbook • Score application rate based on rating criteria and cut scores

Measure 6(c): Admission Rate

Metric: Percent of 12 th grade students admitted to a postsecondary institution

Metric Calculation Notes: • Collect from the charter school the number of 12 th grade students who were admitted to a postsecondary institution before high school graduation • Collect fall count enrollment numbers for 12 th grade students at charter school from the MDE fall enrollment count data file • Divide the number of 12 th grade students who were admitted to a postsecondary institution by the 12 th grade fall enrollment numbers • Enter the charter school admission rate data into the “data–high school” tab of the Academic Framework workbook • Score admission rate based on rating criteria and cut scores

Measure 6(d): Matriculation Rate Metric: Percent of graduates enrolled in postsecondary institutions in the fall following high school graduation

Metric Calculation Notes: • Collect from the charter school the number of high school graduates who immediately enrolled in a postsecondary institution in the fall following high school graduation o Note: charter school may have access to NSC StudentTracker data which provides information about college enrollment across the country • Collect charter school number of high school graduates from MS Succeeds Report Card data files provided by MDE • Divide the number of graduates who immediately enrolled in a postsecondary institution by the total number of high school graduates • Enter the charter school matriculation rate data into the “data–high school” tab of the Academic Framework workbook • Score matriculation rate based on rating criteria and cut scores

Measure 6(e): Employment Rate Metric: Percent of graduates who did not enroll in postsecondary institutions employed in the fall following high school graduation (including military service)

Metric Calculation Notes:

• Collect from the charter school the number of graduates who do not plan to enroll in a postsecondary institution in the fall following graduation • Collect from the charter school the number of graduates who plan to work or join the military by the fall following graduation • Divide the number of graduates who plan to work or join the military by the number of graduates who do not plan to enroll in a postsecondary institution • Enter the charter school employment rate data into the “data–high school” tab of the Academic Framework workbook • Score employment rate based on rating criteria and cut scores

Indicator 7: School-Specific [OPTIONAL] Measure 7(a): TBD Metric: TBD based on agreement between MCSAB and school

Metric Calculation Notes: • If charter school and MCSAB agree to include a school-specific measure, they will work together to identify appropriate data collection and measurement strategies, as well as metrics and targets

Mississippi Charter School Performance Framework Financial Performance Framework Financial Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Financial Performance Framework

The MCSAB financial performance framework indicators, measures, metrics, and cut scores are based on alignment with the Mississippi Charter School Law and informed by national best practices established in the National Association of Charter School Authorizer’s (NACSA) Core Performance Framework and Guidance,

which was created from a review of model authorizer practices, charter school lender guidance, professional judgment, and practices used by other nonprofit and governmental entities.

The indicators, measures, and metrics have been implemented by a wide range of regional and national authorizers, including the Alabama Public Charter School Commission, the Tennessee Department of Education, the Indiana Charter School Board, the Georgia State Charter School Commission, the Washington State Charter School Commission, the Colorado Charter School Institute, the D.C. Public Charter School Board, and the New Jersey Department of Education, among others.

The financial performance framework is comprised of the following indicators and measures: 1. Short-term Financial Health (Current Year) a. Current Ratio b. Unrestricted Days Cash c. Current-year Enrollment Variance d. Debt (or lease) Default 2. Long-term Financial Health (Multiple Years) a. Debt-to-Asset Ratio b. Total Margin c. Cash Flow 3. Financial Management and Oversight a. MCSAB and MDE Financial Reporting and Compliance Requirements b. Annual Financial Audit/Generally Accepted Accounting Principles (GAAP) Requirements

<www.qualitycharters.org>

Measures

The financial performance framework includes a combination of compliance measures and performance measures: • Compliance measures evaluate if a school is meeting legal and contractual obligations • Performance measures evaluate if a school is meeting a target

Ratings

The financial performance framework includes a rubric with rating criteria and cut scores for each metric that indicate the measure performance targets associated with three ratings: 1. Meets Expectations 2. Approaches Expectations 3. Fails to Meet Expectations

Data

The financial performance framework relies primarily on data collected from the independent annual financial audit submitted by schools. Audit data is often dated by the time it is submitted to the authorizer and may not provide a complete view of a school’s financial health. MCSAB will use the audit data to diagnose immediate, initial financial concerns and may follow up directly with schools to clarify or receive updated financial information before calculating an overall financial performance rating, if there are concerns.

Calculating an Overall Financial Performance Rating

MCSAB will exercise a high degree of professional judgment to evaluate data, assign ratings, and assess the overall financial health of a school. The methodology described below serves as a tool to assist MCSAB in monitoring and decision-making and is meant to complement, not replace, the critical role of professional judgment in determining overall financial performance. Financial performance framework data are collected, scored, and aggregated based on the following steps: 1. Collect data for each measure based on internal companion guidance 2. Enter data in the financial performance framework workbook 3. Verify data with charter schools, including receiving up-to-date financial information upon request 4. Score measure data based on rating criteria and cut scores 5. Take average of data scores within a measure to produce indicator subscore 6. Take average of indicator subscores to produce an indicator score 7. Average indicator scores to produce overall financial performance framework score that corresponds to a rating

Mississippi Charter School Performance Framework Financial Performance Framework Indicator 1: Short-term Financial Health (Current Year) Financial Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Measure 1(a): Current Ratio This measure evaluates whether a school has enough resources to meet short-term financial obligations, or those due within one year.

Measure Measure Type

Metric Target Differentiation Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Current Ratio

Performance

Ratio of current assets and current liabilities

All Years

Less than or equal to 0.9 Between 0.9 and 1.0 or equal to 1.0 or Between 1.0 and 1.1 and one-year trend is negative Greater than or equal to 1.1 or Between 1.0 and 1.1 and one-year trend is positive

MCSAB staff will reference the following data source(s) and calculation method to evaluate this measure:

Data Source Metric Calculation 1. Audited Statement of Financial Position Current Ratio = Total Current Assets/Total Current Liabilities (Positive Trend = Increase from prior year current ratio) (Negative Trend = Decrease from prior year current ratio) Cut Score Notes: Common industry standard sets a minimum of 1.0. A positive trend greater than 1.0 suggests increasing financial health, therefore NACSA sets greater than or equal to 1.1 as a target that also meets expectations. Common standards suggest a ratio less than or equal to 0.9 indicates a serious financial health risk.

National Association of Charter School Authorizers. Core Financial Performance Framework and Guidance. <www.qualitycharters.org>

Measure 1(b): Unrestricted Days Cash This measure evaluates the number of days a school can continue to pay its operating expenses, given the amount of cash available.

Measure Measure Type

Metric Target Differentiation Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3 Between 15-30 days cash

Unrestricted Days Cash

Performance

Ratio of unrestricted cash and total expenses Year 1 and Year 2 Less than or equal to 15 days cash or Between 30-60 days cash and one-year trend is negative Greater than or equal to 30 days cash

Between 15-30 days cash Greater than or equal to 60 days cash

Year 3+ Less than or equal to 15 days cash or Between 30-60 days cash and one-year trend is negative or between 30-60 days cash and one-year trend is positive

MCSAB staff will reference the following data source(s) and calculation method to evaluate this measure:

Data Source Metric Calculation 1. Audited Statement of Financial Position and Audited Statement of Activities Unrestricted Days Cash = Unrestricted Cash/([Total Expenses - Depreciation Expense] /365) (Depreciation expense is removed from the total expenses denominator because it is not a cash expense.)

Cut Score Notes: Common industry standard is at least 30 days cash for operating expenses. NACSA suggests a 60-day cut score for meeting expectations because charter school cash flow can often times be irregular. Schools in Year 3 of operation and beyond can also meet expectations by showing an increasing cash balance from earlier years and having enough cash to pay at least 30 days cash, as they are considered financially stable and show positive trending. With fewer than 15 days cash, a school is at high risk for immediate financial challenges.

National Association of Charter School Authorizers. Core Financial Performance Framework and Guidance. <www.qualitycharters.org>

Indicator 1: Short-term Financial Health (Current Year) Measure 1(c): Current-year Enrollment Variance This measure evaluates how well a school is meeting its board-approved, budgeted enrollment targets. Because enrollment numbers primarily dictate revenue, this measure helps an authorizer understand if the school can generate enough revenue to fund operations.

Measure Measure Type

Metric Target Differentiation

Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Current-year Enrollment Variance

Performance Ratio of actual enrollment compared to projected enrollment in the board- approved budget

All Years

Actual enrollment is less than or equal to 85% of budgeted enrollment in the current year

Actual enrollment is 86%-94% of budgeted enrollment in the current year

Actual enrollment is equal to or greater than 95% of budgeted enrollment in the current year

MCSAB staff will reference the following data source(s) and calculation method to evaluate this measure:

A charter school shall not enroll more than 120% of the total number of students that it is authorized to enroll pursuant to the Charter School’s Enrollment Projection Table in the Charter Contract without an approved amendment . MCSAB Charter School Contract (2.6.2)

Mississippi Charter School Performance Framework Financial Performance Framework

National Association of Charter School Authorizers. Core Financial Performance Framework and Guidance. <www.qualitycharters.org> Financial Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Data Source Metric Calculation 1. July 31 charter school board-approved enrollment budget for current year 2. Actual enrollment as of October 1 via MSIS submission Current-year Enrollment Variance = Actual enrollment as of October 1/Projected Enrollment in July 31 charter school board- approved budget

Cut Score Notes: A school may be at significant risk if the enrollment variance is less than 85 percent, which indicates a large gap in revenue that the school will no longer receive for operating expenses. If enrollment variance is equal to or greater than 95 percent, schools will generally be able to meet expenses and may not be at significant risk.

Mississippi Charter School Performance Framework Financial Performance Framework

Indicator 1: Short-term Financial Health (Current Year) Measure 1(d): Debt (or lease) Default This measure evaluates whether a school is paying its debt obligations in a timely manner, or if the school is out of compliance with requirements in its loan covenants with lenders. Default typically occurs when a school does not make minimum payments on debt.

Measure Measure Type

Metric Target Differentiation Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Debt (or lease) Default

Performance Compliance with loan covenants and debt service payments

All Years School is in default of loan covenant(s) and/or is delinquent with debt service payments School is in default of loan covenant but has worked with lenders to restructure debt service payments School is not in default of loan covenant(s) and/or is not delinquent with debt service payments

MCSAB staff will reference the following data source(s) and calculation method to evaluate this measure:

Data Source Metric Calculation

Notes to the audited Financial Statements Review notes to the audited Financial Statement to determine if school is/is not in default of loan covenant(s) and /or is/is not delinquent with debt service payments.

Cut Score Notes: Missed payments or non-compliance with the terms of loan agreements may indicate financial distress.

Mississippi Charter School Performance Framework Financial Performance Framework Indicator 2: Long-term Financial Health (Sustainability Over Multiple Years)

Measure 2(a): Debt-to-Asset Ratio This measure evaluates whether a school is maintaining a healthy balance between assets and liabilities over time.

Measure Measure Type

Metric Target Differentiation Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3 Debt-to-Asset Ratio

Performance Ratio of total liabilities and total assets

All Years

Greater than 1.0 Between 0.9 and 1.0

Less than 0.9

MCSAB staff will reference the following data source(s) and calculation method to evaluate this measure:

Data Source Metric Calculation 1. Audited Statement of Financial Position Debt to Asset Ratio = Total Liabilities/Total Assets

Cut Score Notes: Common industry standard is a debt to asset ratio that is greater than 1.0. It could indicate potential long-term financial challenges, as the school has more liabilities than assets. A ratio less than 0.9 generally indicates stronger financial health.

Mississippi Charter School Performance Framework Financial Performance Framework Indicator 2: Long-term Financial Health (Sustainability Over Multiple Years) Financial Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Measure 2(b): Total Margin This measure evaluates whether a school is managing costs appropriately within its available resources for the current year as well as over a three-year time period.

Measure Measure Type

Metric Target Differentiation Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Total Margin

Performance

Ratio of net income and total revenues

Year 1 and Year 2 Current Year Total Margin is negative

N/A Current Year Total Margin is positive (or greater than 0)

Year 3+

3-Year Total Margin is less than or equal to - 1.5% or Current Year Total Margin is less than -10%

3-Year Total Margin is greater than - 1.5 percent, but trend does not “Meet Expectations” 3-Year Total Margin is positive (or greater than 0) and Current Year Total Margin is positive or 3-Year Total Margin is greater than -1.5%, the trend is positive for the last two years, and the Current Year Total Margin is positive

MCSAB staff will reference the following data source(s) and calculation method to evaluate this measure:

Data Source Metric Calculation 1. For Year 1 and Year 2 calculations: Audited Statement of Financial Position

For Year 3+ calculations: Three years of Audited Statements of Financial Position (Year 3 = most recent year) (Year 1 = earliest year of operation) Current Year Total Margin = Current Year Net Income/Current Year Total Revenue

Cumulative 3-year Total Margin: Total Three-Year Net Income/Total Three-Year Revenues

Cut Score Notes: Common industry standard is that total margin is positive. NACSA suggests cut scores should be flexible over a three-year time frame, in the event schools operate at a deficit for a certain period of time to accommodate a large expense. The cut scores require a positive total margin in the most recent year to meet expectations. A school may be at financial risk if a margin in any year is less than -10 percent or a cumulative three-year total margin is less than or equal to -1.5 percent.

National Association of Charter School Authorizers. Core Financial Performance Framework and Guidance. <www.qualitycharters.org

Indicator 2: Long-term Financial Health (Sustainability Over Multiple Years) Measure 2(c): Cash Flow This measure evaluates cash inflows and outflows related to a school's main operational activities for the current year as well as over multiple years. This measure requires at least two years of data to calculate.

Measure Measure Type

Metric Target Differentiation Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Cash Flow

Performance

Trend in cash balance from year to year

Year 1 and Year 2 One-Year Cash Flow, or Total Cash Balance, is negative

N/A One-Year Cash Flow, or Total Cash Balance, is positive

Year 3+

Multi-Year Cumulative Cash Flow is negative

Multi-Year Cumulative Cash Flow is positive, but trend does not “Meet Expectations” Multi-Year Cumulative Cash Flow is positive and Cash Flow is positive each year or Multi-Year Cumulative Cash Flow is positive, Cash Flow is positive in one of two years, and Cash Flow in the most recent year is positive

MCSAB staff will reference the following data source(s) and calculation method to evaluate this measure:

Data Source Metric Calculation 1. For Year 1 and Year 2 calculations: At least two years of Audited Statement of Cash Flows

For Year 3+ calculations: At least three years of Audited Statement of Cash Flows (Year 3 = most recent year) (Year 1 = earliest year of operation)

One-Year Cash Flow = Year 2 Total Cash – Year 1 Total Cash Multi-Year Cash Flow = Year 3 Total Cash – Year 1 Total Cash

Cut Score Notes: An increasing cash balance from year to year indicates increasing financial health over time.

National Association of Charter School Authorizers. Core Financial Performance Framework and Guidance. <www.qualitycharters.org>

Indicator 3: Financial Management and Oversight Measure 3(a): MCSAB and MDE Financial Reporting and Compliance Requirements This measure evaluates whether a school is complying with financial reporting obligations as required by MCSAB and the Mississippi Department of Education (MDE).

Measure Measure Type

Metric Target Differentiation

Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

MCSAB and MDE Financial Reporting and Compliance Requirements

Compliance

N/A

All Years The school failed to fulfill at least one legal and contractual obligation related to financial reporting and compliance and failures have not been remedied.

N/A

The school fulfilled all legal and contractual obligations related to financial reporting and compliance.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data Source Metric Calculation Evidence of compliance with: 1. Complete, accurate, and timely submission of quarterly financial reports due at the end of each quarter 2. Complete, accurate, and timely submission of annual board- approved budget due by July 31 annually 3. Timely submission of the annual independent financial audit due on or before September 30 annually 4. Annual independent financial audit completed by firm approved by State Auditor 5. Annual independent financial audit only completed by same auditor for three consecutive years 6. MDE Financial Data for Financial Exchange Transaction System (FETS) due mid-October annually

Epicenter submissions per Annual Reporting Calendar 2. MDE: Notification 3. Ongoing MCSAB Monitoring 4. Charter Contract Exhibit G-Charter School Fiscal Oversight Policy

Citations: • Miss. Code Ann. § 37-28-57(1) • MCSAB Charter School Contract (3.2)

Indicator 3: Financial Management and Oversight Measure 3(b): Annual Financial Audit/Generally Accepted Accounting Principles (GAAP) Requirements This measure evaluates whether a school is complying with financial practice and management expectations.

Measure Measure Type

Metric Target Differentiation

Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Annual Financial Audit/Generally Accepted Accounting Principles (GAAP) Requirements

Compliance

N/A

All Years The school failed to fulfill at least one legal and contractual obligation related to financial management and oversight and failures have not been remedied. The school failed to fulfill at least one legal or contractual obligation, but the school is actively working toward compliance.

The school fulfilled all legal and contractual obligations related to financial management and oversight.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data Source Metric Calculation Evidence of compliance with: 1. An unqualified audit opinion 2. An audit without significant findings, recurring findings, material weaknesses, or significant internal control weaknesses 3. An audit that does not include a going concern disclosure in the audit notes

Primary Source: 1. Annual independent financial audit

Secondary Source: 1. Financial Practices Self-Assessment

Citations: • Miss Code Ann. § 37-28-57(1) • MCSAB Charter School Contract (3.2)

Annual Performance Framework Financial Performance Internal Companion Guidance Internal Companion Guidance_Financial Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

The Internal Companion Guidance document is intended to provide MCSAB staff and charter schools with guidance on how the components of the Financial Performance Framework will be defined and calculated to create the Annual Performance Report for each school. MCSAB staff should use this document in conjunction with the Financial Performance Framework Workbook.

Contents Indicator 1: Short-term Financial Health (Current Year) ..................................................................... 2 Measure 1(a): Current Ratio ............................................................................................................. 2 Measure 1(b): Unrestricted Days Cash ............................................................................................ 2 Measure 1(c): Current Year Enrollment Variance .......................................................................... 3 Measure 1(d): Debt (or lease) Default ............................................................................................. 3 Indicator 2: Long-term Financial Health (Sustainability Over Multiple Years) .................................. 4 Measure 2(a): Debt-to-Asset Ratio .................................................................................................. 4 Measure 2(b): Total Margin .............................................................................................................. 4 Measure 2(c): Cash Flow .................................................................................................................. 5 Indicator 3: Financial Management and Oversight ............................................................................. 5 Measure 3(a): MCSAB and MDE Financial Reporting and Compliance Requirements ................ 5 Measure 3(b): Annual Financial Audit/Generally Accepted Accounting Principles (GAAP) Requirements .................................................................................................................................... 6

Indicator 1: Short-term Financial Health (Current Year) Measure 1(a): Current Ratio Metric: Ratio of current assets and current liabilities

This measure evaluates whether a school has enough resources to meet short-term financial obligations, or those due within one year.

Metric Calculation: Current Ratio = Total Current Assets/Total Current Liabilities (Positive Trend = Increase from prior year current ratio) (Negative Trend = Decrease from prior year current ratio)

Metric Calculation Notes: • Collect "Total Current Assets" data from Statement of Financial Position in audit • Collect "Total Current Liabilities" data from Statement of Financial Position in audit • Enter data into “current ratio” tab of the Financial Performance Framework Workbook • Score based on rating criteria and cut scores

Measure 1(b): Unrestricted Days Cash Metric: Ratio of unrestricted cash and total expenses

This measure evaluates the number of days a school can continue to pay its operating expenses, given the amount of cash available.

Metric Calculation: Unrestricted Days Cash = Unrestricted Cash/([Total Expenses - Depreciation Expense] /365) (Depreciation expense is removed from the total expenses denominator because it is not a cash expense.)

Metric Calculation Notes: • Collect "Cash" data from Statement of Financial Position in audit if not restricted • Collect "Total Expenses" from Statement of Activities in audit • Collect "Depreciation" from Statement of Cash Flows in audit • Enter data into “unrestricted days cash” tab of the Financial Performance Framework Workbook

Annual Performance Framework Financial Performance Internal Companion Guidance • Score based on rating criteria and cut scores Internal Companion Guidance_Financial Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

Measure 1(c): Current-year Enrollment Variance Metric: Ratio of actual enrollment compared to projected enrollment in the board- approved budget

This measure evaluates how well a school is meeting its board-approved, budgeted enrollment targets. Because enrollment numbers primarily dictate revenue, this measure helps an authorizer understand if the school can generate enough revenue to fund operations.

Metric Calculation: Current-year Enrollment Variance = Actual enrollment as of October 1/Projected Enrollment in July 31 charter school board-approved budget

Metric Calculation Notes: • Collect actual enrollment count from official Fall October 1 enrollment count in MSIS • Collect projected enrollment number from July 31 charter school board-approved budget • Enter data into “enrollment variance” tab of the Financial Performance Framework Workbook • Score based on rating criteria and cut scores

Measure 1(d): Debt (or lease) Default Metric: Compliance with loan covenants and debt service payments

This measure evaluates whether a school is paying its debt obligations in a timely manner, or if the school is out of compliance with requirements in its loan covenants with lenders. Default typically occurs when a school does not make minimum payments on debt.

Metric Calculation: Review notes to the audited Financial Statement to determine if school is/is not in default of loan covenant(s) and /or is/is not delinquent with debt service payments.

Metric Calculation Notes: • Review Notes to Financial Statements in audit for reference to debt, default, missed payments, etc. • The absence of a finding means a school is in compliance with this measure • Enter data into “debt default” tab of the Financial Performance Framework Workbook

Indicator 2: Long-term Financial Health (Sustainability Over Multiple Years) Measure 2(a): Debt-to-Asset Ratio Metric: Ratio of total liabilities and total assets

This measure evaluates whether a school is maintaining a healthy balance between assets and liabilities over time.

Metric Calculation: Debt to Asset Ratio = Total Liabilities/Total Assets

Metric Calculation Notes: • Collect "Total Liabilities" data from Statement of Financial Position in audit • If a school has long-term liabilities, it will be included in "Total Liabilities" • Collect "Total Assets" from Statement of Financial Position in audit • Do not use “Net Assets" • Enter data into “debt to asset ratio” tab of the Financial Performance Framework Workbook • Score based on rating criteria and cut scores

Measure 2(b): Total Margin Metric: Ratio of net income and total revenues

This measure evaluates whether a school is managing costs appropriately within its available resources for the current year as well as over a three-year time period.

Metric Calculation: Current Year Total Margin = Current Year Net Income/Current Year Total Revenue Cumulative 3-year Total Margin = Total Three-Year Net Income/Total Three-Year Revenues

Metric Calculation Notes: • Collect "Change in Net Assets" from Statement of Activities in audit • Collect "Total Revenue" from Statement of Activities in audit • Enter data into “total margin” tab of the Financial Performance Framework Workbook • Score based on rating criteria and cut scores

Measure 2(c): Cash Flow Metric: Trend in cash balance from year to year

This measure evaluates cash inflows and outflows related to a school's main operational activities for the current year as well as over multiple years.

Metric Calculation: One-Year Cash Flow = Year 2 Total Cash – Year 1 Total Cash Multi-Year Cash Flow = Year 3 Total Cash – Year 1 Total Cash

(Year 3 = most recent year) (Year 1 = earliest year of operation)

Metric Calculation Notes: • This measure requires at least two years of data to calculate • Collect "Cash, End of Year" from Statement of Cash Flows in audit • Enter data into “cash flow” tab of the Financial Performance Framework Workbook • To calculate One-Year Cash Flow, subtract Year 1 Total Cash Balance from Year 2 Total Cash Balance. • To calculate Multi-Year Cash Flow, subtract the most recent year Cash Flow from Year 1 Cash Flow. • Score based on rating criteria and cut scores

Indicator 3: Financial Management and Oversight Measure 3(a): MCSAB and MDE Financial Reporting and Compliance Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with financial reporting a n d c o m p l i a n c e obligations as required by MCSAB and the Mississippi Department of Education (MDE). Reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Complete, accurate, and timely submission of quarterly financial reports due at the end of each quarter 1. Epicenter submissions per Annual Reporting Calendar 2. MDE: Notification 3. Ongoing MCSAB Monitoring

Complete, accurate, and timely submission of annual board-approved budget due by July 31 annually 3. Timely submission of the annual independent financial audit due on or before September 30 annually 4. Annual independent financial audit completed by firm approved by State Auditor 5. Annual independent financial audit only completed by same auditor for three consecutive years 6. MDE Financial Data for Financial Exchange Transaction System (FETS) due mid-October annually 4. Charter Contract Exhibit G- Charter School Fiscal Oversight Policy

Measure 3(b): Annual Financial Audit/Generally Accepted Accounting Principles (GAAP) Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with financial practice and management expectations. Reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. An unqualified audit opinion 2. An audit devoid of significant findings and conditions, material weaknesses, or significant internal control weaknesses 3. An audit that does not include a going concern disclosure in the notes or an explanatory paragraph within the audit report Primary Source: 1. Annual independent financial audit

Secondary Source: 1. Financial Practices Self- Assessment

Measure Notes: • A summary of findings is often located in the Schedule of Findings and Questioned Costs at the end of a typical audit • Consider interventions issued, authorizer notes, remediation status, or return to good

• standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “financial management & oversight” tab of the Financial Performance Framework Workbook based on rating criteria

Audit Opinion Notes: • The audit opinion provides the professional opinion of the auditor as to whether the financial statements, as provided by the school, fairly represent the financial position of the school • Auditors provide one of four opinions: o Unqualified, also known as “unmodified,” means the auditor found no significant issues and believes the financial statements accurately reflect the organization’s financial position o Qualified, also known as “modified,” means the auditor has found an error or misstatement that made a significant difference to the financial statements; however, that error does not indicate a wider organizational problem o Adverse means that the auditor believes the financial statements do not accurately represent the financial position of the organization because of large or widespread problems in the accounting process o Disclaimed means that the auditor did not have enough information to come to an opinion about the accuracy of the financial statements

Material Findings Notes: • The auditor will assess the adequacy of the school’s internal controls and will make note of “material weaknesses” or “significant deficiencies” or “recurring findings” • A material weakness is a lapse in internal controls that can jeopardize the accuracy of the financial statements because a control does not allow employees to detect, prevent, or correct an error, leading to the possible misstatement of financial information • A significant deficiency is a lapse in internal controls that, while important and needing corrective action, does not rise to the level of a material weakness • If a school had a material finding in a prior year that has not been corrected, an auditor will note a “recurring” or “unresolved prior year” finding

Going Concern Notes: • A “going concern disclosure” is found in the audit notes and indicates an auditors’ concerns about a schools financial viability • Audits consider schools that are a “going concern” to be financially healthy enough to operate for a year

National Association of Charter School Authorizers. Core Organizational Performance Framework and Guidance.

<www.qualitycharters.org>

Mississippi Charter School Performance Framework Organizational Performance Framework Organizational Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Organizational Performance Framework

The MCSAB organizational performance framework indicators, measures, metrics, and cut scores reflect only the minimum requirements in the Mississippi Charter School Law and the MCSAB charter school contract. Informed by national best practices as established in the National Association of Charter School Authorizer's (NACSA) Core Performance Framework and Guidance,

the framework streamlines reporting requirements where applicable to reduce administrative burdens on schools and authorizer staff. The organizational performance framework is comprised of six indicators: 1. Educational Program Requirements 2. Enrollment and Admissions 3. Discipline 4. Special Populations 5. School Environment 6. Governance and Reporting

Measures

The organizational performance framework includes a combination of compliance measures and performance measures: • Compliance measures evaluate if a school is meeting legal and contractual obligations. • Performance measures evaluate if a school is meeting a target.

Ratings The organizational performance framework includes a rubric with rating criteria and cut scores for each metric that indicate the measure performance targets associated with three ratings: 1. Meets Expectations

<www.qualitycharters.org>

Approaches Expectations 3. Fails to Meet Expectations

Data

Assessing organizational performance and compliance requires the evaluation of multiple data sources throughout the course of a school year. MCSAB may collect data such as reports, statements of assurances, board documents, permits, school policies, etc. to evaluate organizational compliance.

Calculating an Overall Organizational Performance Rating

MCSAB will exercise a high degree of professional judgment to evaluate evidence, determine compliance, and assign ratings. The methodology described below serves as a tool to assist MCSAB in monitoring and decision-making and is meant to complement, not replace, the critical role of professional judgment in determining overall organizational performance. Organizational performance framework data are collected, scored, and aggregated based on the following steps: 1. Collect data for each measure based on internal companion guidance 2. Enter data in organizational performance framework workbook 3. Verify data with charter schools 4. Score measure data based on rating criteria and cut scores 5. Take average of data scores within a measure to produce indicator subscore 6. Take average of indicator subscores to produce an indicator score 7. Average indicator scores to produce overall organizational performance framework score that corresponds to a rating

Indicator 1: Educational Program Requirements Measure 1(a): Essential Terms of the Charter Contract This measure evaluates a school’s implementation of the essential terms listed in its charter contract. Schools may have multiple essential terms, depending on their school design.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Essential Terms of the Charter Contract

Compliance The school failed to fully implement all essential terms as defined in the charter contract. The school fully implemented at least one essential term as defined in the charter contract. The school fully implemented all essential terms as defined in the charter contract.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of: 1. Alignment to the educational model 2. Adherence to the essential terms as listed in Exhibit C of the charter contract 1. Charter Contract Exhibit C Educational Program Requirements - Essential Terms 2. Approved Contract Amendments (as applicable) 3. Board meeting agendas, packets, reports, minutes 4. Site Visit Observation (as applicable) 5. Renewal Application (as applicable) 6. School website

Citation(s): MCSAB Charter School Contract (2.5.1) Measure Notes:

• This measure is not intended to evaluate how well a school is performing on its essential terms.

• A charter school may not modify the essential terms items listed in Exhibit C without an approved amendment from the Authorizer via the amendment process set forth in the Board’s Annual Reporting Calendar.

National Association of Charter School Authorizers. Core Organizational Performance Framework and Guidance. <www.qualitycharters.org>

MCSAB Charter School Contract (2.5.1)

Indicator 1: Educational Program Requirements Measure 1(b): Educational Program Requirements This measure evaluates if a school is complying with the specific elements of its education program that are required by law.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Educational Program Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to educational program requirements and failures have not been remedied. The school failed to fulfill at least one legal or contractual obligation, but the school is actively working toward compliance. The school fulfilled all legal and contractual obligations related to educational program requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. MS State Standards Requirements 2. Instructional Days Requirements 3. Compliance with MS Educator Code of Ethics Policy 4. Graduation and promotion requirements 5. State assessments Primary Source: 1. Signed Statement of Assurance and no verified complaints

Secondary Source(s): 1. Academic Calendar 2. Charter Contract Exhibit H Employee Code of Ethics

Citation(s):

• MCSAB Charter School Contract (4.2.3), (2.8.1), (2.5.4), (2.12.1), (2.19.1) • Miss. Code Ann. § 37-28-23(5) • Miss. Code Ann. § 37-28-15

Indicator 1: Educational Program Requirements Measure 1(c): Teacher and Employee Credentialing Requirements This measure evaluates if a school is complying with state requirements for teacher and administrator qualifications.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Teacher and Employee Credentialing Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to teacher and employee credentialing requirements and failures have not been remedied.

N/A The school fulfilled all legal and contractual obligations related to teacher and employee credentialing requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Appropriate qualifications and credentials for school staff Primary Source: 1. Board Member and School Staff Information Form 2. Site Visit results, if applicable Secondary Source(s): 1. Mississippi Educator Career Continuum Archive (MECCA) (for verification)

Citation(s): • Miss. Code Ann. § 37-28-47(1)(a) • MCSAB Charter School Contract (4.2.1)

Measure Notes: Charter schools must comply with applicable federal laws, rules and regulations regarding the qualification of teachers and other instructional staff. No more than twenty-five percent (25%) of teachers in a charter school may be exempt from state teacher licensure requirements. Administrators of charter schools are exempt from state administrator licensure requirements. However, teachers and administrators must have a bachelor's degree as a minimum requirement, and teachers must have demonstrated subject- matter competency. Within three (3) years of the date of a teacher’s employment by a charter school, the teacher must have, at a minimum, alternative licensure approved by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.

Miss. Code Ann. § 37-28-47(1)(a)

Indicator 1: Educational Program Requirements Measure 1(d): Annual Chronic Absenteeism Rate This measure evaluates student attendance. Chronic absenteeism measures the percentage of students in a school who have missed 10 percent or more of their enrolled school days for any reason. Chronically absent students are more likely to fall behind academically and are less likely to graduate from high school.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3 Annual Chronic Absenteeism Rate Performance Greater than or equal to 20% 19%-14% Less than or equal to 13%

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) 1. Annual chronic absenteeism rate by school 1. MDE Chronic Absenteeism Report (published annually)

Citation(s): Miss. Code Ann. § 37-13-91; Miss. Code Ann. § 37-28-29(1)(d) Measure Notes: The Mississippi Department of Education (MDE) defines chronic absenteeism as missing 10 percent (18 days) of the school year for any reason.

https://www.mdek12.org/chronicabsenteeism

https://www.mdek12.org/chronicabsenteeism/calculation

Indicator 2: Enrollment and Admissions Measure 2(a): Underserved Student Enrollment Percentage Requirement This measure evaluates if a school is complying with the statutory requirement that a charter school’s underserved population must reflect 80 percent or greater of the geographic district’s underserved student population.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Underserved Student Enrollment Percentage Requirement

Compliance

The school's percentages of students who qualify for free lunch and students with disabilities percentages, respectively, are less than 80% of the geographic district's underserved enrollment percentage by grade levels served.

N/A The school's percentages of students who qualify for free lunch and students with disabilities percentages, respectively, are equal to or greater than 80% of the geographic district's underserved enrollment percentage by grade levels served.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Free lunch enrollment by grade levels served for geographic district and charter school 2. Students with disabilities enrollment by grade levels served for geographic district and charter school 1. MDE data request (MOU)

Citation(s): • Miss. Code Ann. § 37-28-23(5) • MCSAB Charter School Contract (2.7.2)

Measure Notes: Because schools that have a Community Eligibility Provision (CEP) designation may not report the free lunch status of individual students, schools (both charter and geographic district) with the CEP designation will be treated as 100 percent free lunch.

Indicator 2: Enrollment and Admissions Measure 2(b): Enrollment and Admission Requirements This measure evaluates if a school is complying with obligations related to recruitment, lottery, enrollment, admissions, and truancy policies.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Enrollment and Admissions Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to enrollment and admissions requirements and failures have not been remedied.

N/A

The school fulfilled all legal and contractual obligations related to enrollment and admissions requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Recruitment and enrollment policy, lottery policy 2. Non-discriminatory admissions* 3. Attendance laws and truancy policy Primary Source: 1. Statement of Assurance and no verified complaints

Secondary Source(s): 1. Charter Contract Exhibit E-Charter School Enrollment Policies and Procedures

Citation(s): • Miss. Code Ann. § 37-28-23 • Miss. Code Ann. § 37-28-23(3) • Miss. Code Ann. § 37-28-23(6) • Miss. Code Ann. § 37-28-23(7) • MCSAB Charter School Contract (2.7.1), (2.7.4)

Measure Notes: *A finding by the Authorizer that the Charter School is operating in a discriminatory manner in its admissions practices shall be grounds for termination of the Charter Contract. The Authorizer, prior to termination of the contract, may take remedial steps short of revocation in accordance with its policies.

The Charter Operator shall not enroll more than 120 percent of the total number of students that it is authorized to enroll pursuant to the Charter School’s Enrollment Projection Table.

MCSAB Charter School Contract (2.7.4)

MCSAB Charter School Contract (2.6.2)

Indicator 2: Enrollment and Admissions Measure 2(c): Re-current Enrollment Rate This measure evaluates changes in a school's enrollment from year to year.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Re-current Enrollment Rate

Performance Re-current enrollment rate decrease is greater than or equal to fifteen percent (-15%)

-14% and -11% Re-current enrollment rate decrease is less than ten percent (-10%)

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) 1. Current Year Net Membership 2. Previous Year Net Membership 1. MDE publicly reported annual net membership data via the Superintendent's Annual Report

Citation(s): • Miss. Code Ann. § 37-28-29(1)(e)

Calculation Methodology: • Re-current Enrollment Rate = (Current Year Net Membership - Previous Year Net Membership)/(Previous Year Net Membership)

Measure Notes: Student mobility within a school year is common, but significant decreases in student enrollment over time may indicate the school is failing to keep enrolled students, which impacts a school's budget and recruitment strategy.

Mississippi Charter School Performance Framework Organizational Performance Framework Indicator 3: Discipline Organizational Performance Framework Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Measure 3(a): Student Discipline Requirements This measure evaluates whether a school is complying with their code of conduct and discipline policy.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Student Discipline Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to student discipline requirements and failures have not been remedied.

N/A

The school fulfilled all legal and contractual obligations related to student discipline requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Student code of conduct 2. Discipline policy Primary Source: 1. Statement of Assurance and no verified complaints

Secondary Source(s): 1. Student Handbook

Citation(s): Miss. Code Ann. § 37-9-14; Miss. Code Ann. § 37-11-29; MCSAB Charter School Contract (2.10)

Measure 3(b): In-school and Out-of-School Suspension and Expulsion Rates This measure evaluates whether a school is excessively excluding students from regular instruction.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

In-school and Out-of-school Suspension and Expulsion Rates

Performance Any of the school’s rates are 2.5 or more percentage points higher than the geographic district’s rates. Any of the school’s rates are higher than the geographic district’s rates, but the higher rates are less than 2.5 percentage points higher. The school’s in- school and out-of- school suspension and expulsion rates are at or below the geographic district’s rates.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) 1. In-school suspension rates for charter school and geographic district 2. Out-of-school suspension rates for charter school and geographic district 3. Expulsion rates for charter school and geographic district 1. MS Succeeds Report Card 2. MDE data request (MOU)

Citation(s): Miss. Code Ann. § 37-28-29(1)(f)

Calculation Methodology:

• Establish the geographic school district for the charter school o The geographic school district shall be composed of traditional public schools from the district in which the charter school is located that have the same school type (i.e., elementary, elementary/middle, middle, middle/high, and high schools) as the charter school • Given that publicly available MDE data for suspension and expulsion rates are masked for less than 5%, MCSAB will secure a MOU with MDE to collect charter and geographic district data annually

Cut Score Notes: • Cut score ranges are based on prior precedence from previous performance framework

Indicator 4: Special Populations Measure 4(a): Student with Disabilities Rights and Requirements This measure evaluates whether a school is complying with obligations for protecting the rights of students with disabilities.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Students with Disabilities Rights and Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to students with disabilities rights and requirements and failures have not been remedied.

The school failed to fulfill at least one legal or contractual obligation, but the school is actively working toward compliance.

The school fulfilled all legal and contractual obligations related to students with disabilities rights and requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Identification: Effective steps are implemented to identify and refer students in need of special education services. 2. Operational Compliance: School complies with rules relating to academic program, assessments, and discipline. 3. IEPs: Appropriate staff implemented individualized education plans and section 504 plans. 4. Accessibility: Provided students and families access to school facility and high-quality educational programming consistent with legal obligations and student abilities. 1. MDE Office of Special Education Onsite Fiscal Monitoring Protocol 2. MDE Office of Special Education Policies and Procedures Monitoring Protocol 3. MDE Office of Special Education Delivery of Services Monitoring Protocol (FAPE/LRE) 4. MDE Office of Special Education Child Find—Initial Evaluation 5. MDE Office of Special Education Child Find—Re-Evaluation 6. MDE Special Education Determination Report 7. Site Visit Report

Citation(s): • IDEA (20 U.S.C. §1401 et seq.) • ADA (42 U.S.C. §12101 et seq.) • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) • Miss. Code Ann. § 37-28-29(4) • Miss. Code Ann. § 37-28-43(3) • MCSAB Charter School Contract (2.19.1)

Indicator 4: Special Populations Measure 4(b): English Learner (EL) Student Rights and Requirements This measure evaluates whether a school is complying with obligations for protecting the rights of English Learner students.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

English Learner (EL) Student Rights and Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to EL student rights and requirements and failures have not been remedied. The school failed to fulfill at least one legal or contractual obligation, but the school is actively working toward compliance. The school fulfilled all legal and contractual obligations related to EL student rights and requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Identification: Effective steps are implemented to identify students in need of EL services. 2. Delivery: Appropriate EL services are provided to identified EL students by appropriate staff and according to the school's policy. 3. Accommodations: EL students are provided with appropriate accommodations on assessments. 4. Exiting: EL students are exited from services according to their capacities. 5. Monitoring: Former EL students are monitored for at least two years upon exiting services. 1. MDE Office of Federal Programs and Grants Management–Fiscal Monitoring Instrument for ESSA Programs 2. Site Visit Report, if applicable

Citation(s): • Title III, Part A of the Elementary and Secondary Education Act (ESEA) • MCSAB Charter School Contract (2.7.1)

Indicator 5: School Environment Measure 5(a): Facilities, Health, Safety, and Transportation Requirements This measure evaluates whether a school is complying with all relevant inspections, codes, and regulations related to facilities, health, safety, and transportation.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Facilities, Health, Safety, and Transportation Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to facilities, health, safety, and transportation requirements and failures have not been remedied.

N/A The school fulfilled all legal and contractual obligations related to facilities, health, safety, and transportation requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence

Source(s) Evidence of compliance with: 1. Local and state fire and life safety codes 2. Public health sanitary codes 3. ADA requirements 4. Transportation plan 5. Bus safety protocols 6. Health service requirements 7. Property insurance 1. Fire Marshal Inspection 2. Facility Review (Fire Safety and Maintenance) 3. Facility Review (Cafeteria/Kitchen, Public Health) 4. Statement of Assurance and no verified complaints 5. State Department of Health Food Service Permit 6. Current certificates of insurance signed by an authorized representative of the insurer 7. Certificate of Occupancy (Epicenter) 8. MDPH Immunization Compliance Report 9. Site visit report, if applicable

Citation(s): • 42 U.S.C. §12101, et seq. • MCSAB Charter School Contract (1.3.7), (2.13.1), (2.14.1), (2.25.1), (3.6) • Miss. Code Ann. § 37-28-43(5)

Measure Notes: A charter school may not modify the transportation policy without approval from the Authorizer.

MCSAB Charter Contract (2.14.1)

Indicator 5: School Environment Measure 5(b): Student Records and Information Handling Requirements This measure evaluates whether a school is complying with obligations related to the management of student records and information.

Measure

Measure Type

Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Student Records and Information Handling Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to student records and information handling requirements and failures have not been remedied.

N/A The school fulfilled all legal and contractual obligations related to student records and information handling requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Public records requirements 2. Student record-keeping and records transfer requirements Primary Source: 1. Statement of Assurance and no verified complaints

Secondary Source: 1. Site Visit Report, if applicable

Citation(s): Miss. Code Ann. § 37-28-45(6); MCSAB Charter School Contract (2.16)

Indicator 5: School Environment Measure 5(c): Background Check Requirements This measure evaluates whether a school is complying with fingerprint background check requirements.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Background Check Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to background check requirements and failures have not been remedied.

N/A

The school fulfilled all legal and contractual obligations related to background check requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Updated background checks Primary Source: 1. Statement of Assurance and no verified complaints

Secondary Source(s): 1. Site Visit Report, if applicable 2. Charter Contract Exhibit I-Criminal Background Checks

Citation(s): • Miss. Code Ann. § 37-28-49(1) • MCSAB Charter School Contract (4.4.1)

Measure Notes: • All charter school teachers and other school personnel, as well as members of the governing board and any education service provider with whom a charter school contracts, are subject to criminal history record checks and fingerprinting requirements applicable to employees of other public schools.

Indicator 5: School Environment Measure 5(d): Employee Rights and Requirements This measure evaluates whether a school is complying with obligations related to employee rights.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

Employee Rights and Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to employee rights and requirements and failures have not been remedied.

N/A

The school fulfilled all legal and contractual obligations related to employee rights and requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Family Medical Leave Act (FMLA) 2. Americans with Disabilities Act (ADA) 3. Employment contracts Primary Source: 1. Statement of Assurance and no verified complaints

Secondary Source(s): 1. School Employee Handbook

Citation(s): MCSAB Charter School Contract (1.3.7), (2.16.2), (4.1)

Indicator 6: Governance and Reporting Measure 6(a): School Board Governance Requirements This measure evaluates whether a school is complying with school board governance obligations.

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

School Board Governance Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to governance requirements and failures have not been remedied.

N/A

The school fulfilled all legal and contractual obligations related to governance requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Registered non-profit status 2. Mississippi Open Meetings Act §25-41-1 3. Mississippi Public Records Act 4. Family Educational Rights and Privacy Act (FERPA) 5. Charter board bylaws, conflict of interest policy, and charter board composition 1. Mississippi Secretary of State Office Charities Search 2. IRS Tax Exempt Organization Search 3. Charter Board Bylaws 4. Articles of Incorporation 5. Statement of Assurance and no verified complaints 6. Charter Board Member and School Staff Information (form) 7. Charter Board packets/minutes

Citation(s): • Miss. Code Ann. § 37-28-39(2) • Miss. Code Ann. § 25-41-1 • Family Educational Rights and Privacy Act (FERPA) 20 U.S.C.A § 1232(g) • MCSAB Charter School Contract (1.1.4), (2.3.1), (2.3.3), (2.3.4), (2.27.5)

Indicator 6: Governance and Reporting Measure 6(b): MCSAB and MDE Reporting, Training, and Meeting Requirements This measure evaluates whether a school is complying with training and meeting requirements as well as the timely submission of required documents to MCSAB or to the Mississippi Department of Education (MDE).

Measure

Measure Type Fails to Meet Expectations Approaches Expectations Meets Expectations 1 2 3

MCSAB and MDE Reporting, Training, and Meeting Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to MCSAB and MDE reporting, training, and meeting requirements and failures have not been remedied.

N/A The school fulfilled all legal and contractual obligations related to MCSAB and MDE reporting, training, and meeting requirements.

MCSAB staff will reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Submission of all required reports, attendance and enrollment data, test results, and other information in a timely and accurate manner as set forth by the MCSAB and MDE 2. Timely communication of deficiencies to the MCSAB 3. Attendance at required trainings and meetings by MCSAB, including meetings with MCSAB and/or MDE staff, MCSAB committee meetings, and MCSAB board meetings 1. Epicenter dashboard submissions per Annual Reporting Calendar

Citation(s): MCSAB Charter School Contract (2.1.1), (2.17.1), (2.24.1), (2.24.2), (2.3.5)

Measure Notes: Schools have a five-day grace period after the submission deadline to comply before a reporting submission is deemed late. Schools are notified in writing should additional documentation be required throughout the year. Submission deadlines for additional documentation is generally ten days after notification, with the same grace period as all other submissions.

Annual Performance Framework Organizational Performance Internal Companion Guidance Internal Companion Guidance_Organizational Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

The Internal Companion Guidance document is intended to provide MCSAB staff and charter schools with guidance on how the components of the Organizational Performance Framework will be defined and calculated to create the Annual Performance Report for each school. MCSAB staff should use this document in conjunction with the Organizational Performance Framework Workbook. Contents Indicator 1: Education Program Requirements .................................................................................. 2 Measure 1(a): Essential Terms of the Charter Contract ................................................................ 2 Measure 1(b): Educational Program Requirements ....................................................................... 3 Measure 1(c): Teacher and Employee Credentialing Requirements ............................................. 3 Measure 1(d): Annual Chronic Absenteeism Rate ......................................................................... 4 Indicator 2: Enrollment and Admissions ............................................................................................. 5 Measure 2(a): Underserved Student Enrollment Percentage Requirement .................................. 5 Measure 2(b): Enrollment and Admissions Requirements ............................................................ 6 Measure 2(c): Re-current Enrollment Rate ...................................................................................... 7 Indicator 3: Discipline ........................................................................................................................... 8 Measure 3(a): Student Discipline Requirements ............................................................................ 8 Measure 3(b): In-school and Out-of-School Suspension and Expulsion Rates ............................ 9 Indicator 4: Special Populations ........................................................................................................ 10 Measure 4(a): Students with Disabilities Rights and Requirements ........................................... 10 Measure 4(a): English Language Learner (ELL) Student Rights and Requirements .................. 13 Indicator 5: School Environment ........................................................................................................ 15 Measure 5(a): Facilities, Health, Safety, and Transportation Requirements .............................. 15 Measure 5 (b): Student Records and Information Handling Requirements................................ 17 Measure 5 (c): Background Check Requirements ........................................................................ 18 Measure 5 (d): Employee Rights and Requirements .................................................................... 19 Indicator 6: Governance and Reporting ............................................................................................. 20 Measure 6(a): School Board Governance Requirements ............................................................. 20 Measure 6(b): MCSAB and MDE Reporting, Training, and Meeting Requirements .................... 21

Indicator 1: Education Program Requirements Measure 1(a): Essential Terms of the Charter Contract Measure Type: Compliance This measure evaluates a school’s implementation of the essential terms listed in its charter contract. Schools may have multiple essential terms, depending on their school design. Reference the following data/evidence and sources to evaluate this measure: Data/Evidence Source(s) Evidence of: 1. Alignment to the educational model 2. Adherence to the essential terms as listed in Exhibit C of the charter contract 1. Charter Contract Exhibit C Educational Program Requirements - Essential Terms 2. Approved Contract Amendments (as applicable) 3. Board meeting agendas, packets, reports, minutes 4. Site Visit Observation (as applicable) 5. Renewal Application (as applicable) 6. School website

Measure Notes: • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “educational program requirements” tab of the Organizational Performance Framework Workbook based on rating criteria • Measure is not intended to evaluate how well a school is performing on its essential terms o It evaluates only whether the school’s programming is aligned to the essential terms laid out in its contract and whether the school has received approval for changes to those essential terms through the authorizer’s contract amendment process

Other Notes: • A charter school may not modify the essential terms items listed in Exhibit C without an approved amendment from the Authorizer

National Association of Charter School Authorizers. Core Financial Performance Framework and Guidance. <www.qualitycharters.org>

MCSAB Charter School Contract (2.5.1)

Measure 1(b): Educational Program Requirements Measure Type: Compliance

This measure evaluates if a school is complying with the specific elements of its education program that are required by law. Reference the following data/evidence and sources to evaluate this measure:

Secondary Source(s): 1. Academic Calendar 2. Charter Contract Exhibit H Employee Code of Ethics

Measure Notes: • Reference the signed Charter School Board Annual Statement of Assurances document as a primary source of compliance for this measure • Confirm there are no verified complaints • Consider interventions issued, authorizer notes, remediation status, or and return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “educational program requirements” tab of the Organizational Framework Workbook based on rating criteria

Measure 1(c): Teacher and Employee Credentialing Requirements Measure Type: Compliance

This measure evaluates if a school is complying with state requirements for teacher and administrator qualifications.

Reference the following data/evidence and source to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Appropriate qualifications and credentials for school staff Primary Source: 1. Board Member and School Staff Information Form 2. Site Visit report, if applicable 3. Statement of Assurance and no verified complaints

Secondary Source(s): 1. Mississippi Educator Career Continuum Archive (MECCA) (for verification)

Measure Notes: • Review Board Member and School Staff Information Form for current teacher licenses. • Reference the signed Charter School Board Annual Statement of Assurances document as a primary source of compliance • Confirm there are no verified complaints • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “educational program requirements” tab of the Organizational Framework Workbook based on rating criteria

Other Notes: • Under state law, at least 75% of a charter school’s teachers must meet state requirements for licensure. All teachers must have a bachelor’s degree and demonstrate subject-matter competence (such as through a passing score on a subject-matter test) as well as meet any other applicable federal requirements. Administrators are not required to have state licensure but must have a bachelor’s degree. A charter school may not employ nonimmigrant foreign workers, regardless of visa status, as teachers without a waiver from the MCSAB.

Miss. Code Ann. § 37-28-47(1)(a) Measure 1(d): Annual Chronic Absenteeism Rate Measure Type: Performance This measure evaluates student attendance. Chronic absenteeism measures the percentage of students in a school who have missed 10 percent or more of their enrolled school days for any

reason. Chronically absent students are more likely to fall behind academically and are less likely to graduate from high school.

Reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) 1. Annual chronic absenteeism rate by school 1. MDE Chronic Absenteeism Report (published annually) Measure Notes: • Collect chronic absenteeism rates for the relevant school year from the Chronic Absenteeism Report provide by MDE for each charter school • Enter the chronic absenteeism rate data into the “educational program requirements” tab of the Organizational Performance Framework Workbook • Score chronic absenteeism rate based on rating criteria and cut scores • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance

Indicator 2: Enrollment and Admissions Measure 2(a): Underserved Student Enrollment Percentage Requirement Measure Type: Compliance

This measure evaluates if a school is complying with the statutory requirement that a charter school’s underserved population must reflect 80 percent or greater of the geographic district’s underserved student population. Reference the following data/evidence and sources to evaluate this measure:

<https://www.mdek12.org/chronicabsenteeism

Measure Notes: • Establish the geographic school district for the charter school o The geographic school district shall be composed of traditional public schools from the district in which the charter school is located that have the same school type (i.e., elementary, elementary/middle, middle, middle/high, and high schools) as the charter school • Collect percentage of students who qualify for free lunch enrollment by grade levels served for charter school from the data request (MOU) provided by MDE • Collect percentage of students who qualify for free lunch enrollment by grade levels served for the geographic school district from the data request (MOU) provided by MDE • Collect percentage of students with disabilities by grade levels served for charter school from the data request (MOU) provided by MDE • Collect percentage of students with disabilities by grade levels served for the geographic school district from the data request (MOU) provided by MDE • Divide the charter school percentage of students who qualify for free lunch enrollment by the geographic district percentage of students who quality for free lunch enrollment • Divide the charter school percentage of students with disabilities by the geographic district percentage of students with disabilities • Enter data into the “enrollment and admissions” tab of the Organizational Performance Framework Workbook • The charter school percentage will be calculated as a percentage of the geographic district percentage (i.e. charter school percentage divided by the geographic district percentage) • Score based on rating criteria and cut scores • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance

Other Notes: • Because schools that have a Community Eligibility Provision (CEP) designation may not report the free lunch status of individual students, schools (both charter and geographic district) with the CEP designation will be treated as 100 percent free lunch.

Measure 2(b): Enrollment and Admissions Requirements Measure Type: Compliance

This measure evaluates if a school is complying with obligations related to recruitment, lottery, enrollment, admissions, and truancy policies. Reference the following data/evidence and sources to evaluate this measure:

Secondary Source(s): 1. Charter Contract Exhibit E-Charter School Enrollment Policies and Procedures

Measure Notes: • Reference the signed Charter School Board Annual Statement of Assurances document as a primary source of compliance • Confirm there are no verified complaints • Enter rating in the “Measure Score/Subscore” column of the “enrollment and admissions requirements” tab of the Organizational Framework Workbook based on rating criteria • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance

Other Notes: • *A finding by MCSAB that the school is operating in a discriminatory manner in its admissions practices shall be grounds for termination of the Charter Contract o The Authorizer, prior to termination of the contract, may take remedial steps short of revocation in accordance with its policies

• In all cases, student recruitment and enrollment decisions shall be made in a nondiscriminatory manner and without regard to race, creed, color, ethnicity, sex, disability, national origin, religion, gender, income level, minority status, limited English proficiency, ancestry, need for special education services, or academic or athletic ability

MCSAB Charter School Contract (2.7.4)

MCSAB Charter School Contract (2.7.1)

• For a school’s pre-opening year, MCSAB will review the school’s Recruitment and Enrollment Policy and its lottery policy as submitted through Epicenter prior to school opening • Schools are allowed to enroll up to 120% of the number of students in the Enrollment Projection Table without seeking permission for an enrollment increase from the Authorizer Board

Measure 2(c): Re-current Enrollment Rate Measure Type: Performance

This measure evaluates changes in a school's enrollment from year to year. Reference the following data/evidence and sources to evaluate this measure: Data/Evidence Source(s) 1. Current Year Net Membership 2. Previous Year Net Membership 1.MDE publicly reported annual net membership data via the Superintendent's Annual Report Calculation Methodology • Calculation requires data from two school years and is only applicable to schools after their first full year of operation • Re-current Enrollment Rate = (Current Year Net Membership - Previous Year Net Membership)/(Previous Year Net Membership)

Measure Notes: • Collect total current year net membership data for the relevant school year from the Superintendent’s Annual Report provided by MDE • Collect total previous year net membership data for the relevant school year from the Superintendent’s Annual Report provided by MDE • Enter the total current year net membership data and the total previous year net membership data into the “enrollment and admissions” tab of the Organizational Performance Framework Workbook • Score based on rating criteria and cut scores

MCSAB Charter School Contract (2.6.2)

Other Notes: • MDE defines net membership as the number of students belonging to a school unit at any given time. • Membership is an ever-changing number and is found by adding the total number of student entries and total student re-entries and subtracting the number of withdrawals. • Student mobility within a school year is common, but significant decreases in student enrollment over time may indicate the school is failing to keep enrolled students, which impacts a school's budget and recruitment strategy

Indicator 3: Discipline Measure 3(a): Student Discipline Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with their code of conduct and discipline policy. Reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Student code of conduct 2. Discipline policy Primary Source: 1. Statement of Assurance and no verified complaints

Secondary Source(s): 1. Student Handbook

Measure Notes: • Reference the signed Charter School Board Annual Statement of Assurances document as a primary source of compliance • Confirm there are no verified complaints • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “discipline” tab of the Organizational Performance Framework Workbook based on rating criteria

Other Notes: • Per the charter contract, schools must submit their student handbook, including the student code of conduct, complaint policy, and discipline management plan, for authorizer approval

•

Measure 3(b): In-school and Out-of-School Suspension and Expulsion Rates Measure Type: Performance

This measure evaluates whether a school is excessively excluding students from regular instruction.

Reference the following data/evidence and sources to evaluate this measure:

Measure Notes: • This measure includes three separate rates: (1) In-school suspension rate, (2) Out-of- school suspension rate, and (3) Expulsion rate • Establish the geographic school district for the charter school o The geographic school district shall be composed of traditional public schools from the district in which the charter school is located that have the same school type (i.e., elementary, elementary/middle, middle, middle/high, and high schools) as the charter school • Collect in-school suspension rate for charter school for the relevant school year from MS Succeeds Report Card or MOU data request (as applicable) • Collect in-school suspension rate for geographic district for the relevant school year from MS Succeeds Report Card or MOU data request (as applicable) • Collect out-of-school suspension rate for charter school for the relevant school year from MS Succeeds Report Card or MOU data request (as applicable) • Collect out-of-school suspension rate for geographic district for the relevant school year from MS Succeeds Report Card or MOU data request (as applicable) • Collect expulsion rate for charter school for the relevant school year from MS Succeeds Report Card or MOU data request (as applicable) • Collect expulsion rate for geographic district for the relevant school year from MS Succeeds Report Card or MOU data request (as applicable) • Enter the data into the “discipline” tab of the Organizational Performance Framework Workbook. • Score difference between charter school and geographic district rates based on rating criteria and cut scores.

Other Notes: • Given that publicly available MDE data for suspension and expulsion rates are masked for less than 5 percent, MCSAB will secure a MOU with MDE to collect charter and geographic district data annually • Cut score ranges are based on prior precedence from previous performance framework

Indicator 4: Special Populations Measure 4(a): Students with Disabilities Rights and Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with obligations for protecting the rights of students with disabilities.

Reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Identification: Effective steps are implemented to identify and refer students in need of special education services 2. Operational Compliance: School complies with rules relating to academic program, assessments, and discipline 3. IEPs: Appropriate staff implemented students individualized education plans and section 504 plans 4. Accessibility: Provided students and families access to school facility and high-quality educational programming consistent with legal obligations and student abilities 1. MDE Office of Special Education Onsite Fiscal Monitoring Protocol 2. MDE Office of Special Education Policies and Procedures Monitoring Protocol 3. MDE Office of Special Education Delivery of Services Monitoring Protocol (FAPE/LRE) 4. MDE Office of Special Education Child Find-Initial Evaluation 5. MDE Office of Special Education Child Find-Re- Evaluation 6. MDE Special Education Determination Report 7. Site Visit Report (as applicable)

Measure Notes: • Both MCSAB and MDE have responsibility for ensuring charter schools’ compliance in special education • The MDE Office of Special Education performs routine oversight and monitoring of special education services for all public schools in Mississippi • MCSAB will use findings from this monitoring as well as its own oversight to determine if the school is compliant • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “special populations” tab of the Organizational Performance Framework Workbook based on rating criteria

Identification Notes:

Reference the following sources to evaluate if schools ensure effective steps are implemented to identify and refer students in need of special education services: • Child Find-Initial Evaluation: MCSAB will review the findings for Record Review Items CFI- 8, CFI-9, CFI-11, and CFI-12 • MDE Policies and Procedures Monitoring Protocol: MDE Special Education Monitoring Team will review whether the charter school abides by special education regulations • Review the findings for Record Review Item CF-A and CF-B

Operational Compliance Notes:

Reference the following sources to evaluate if schools administer appropriate state and assessments, including alternate assessments, discipline procedures, and appropriate academic programming when appropriate: • MDE Delivery of Service Monitoring Protocol: MDE special education monitoring team will review whether the school provides access to appropriate assessments. • MCSAB will base its evaluation on whether the MDE monitoring team determines the school is compliant and will review the finding for Record Review Item DS-19 • MDE Fiscal Monitoring Instrument for Federal Programs: MDE Federal Programs monitoring team will review whether the charter school provides English learners access to appropriate assessments under Title III, Part A • Review the findings for NN-7 through NN-9, as applicable

Reference the following sources to evaluate if schools implement special education services and curricular modifications and accommodations are provided: • Special Education Determination Report: Review the Special Education Determination Level to assess whether the school is providing appropriate programming • MDE Special Education Policies and Procedures Implementation Protocol: MDE special education monitoring team will review whether the charter school abides by special education regulations • Review the findings for Record Review Items FAPE-A through FAPE-D, LRE-A, and LRE-B • Site Visit Report (as applicable): School site visit team may collect information about the implementation of special education

Reference the following sources to evaluate if schools conduct appropriate and timely evaluations, re-evaluations, and re-evaluation waivers. If schools contract with external evaluators, they must establish and implement standards of practice for evaluators, per the charter school contract. • MDE Special Education Monitoring—Child Find-Initial Evaluation: Review the findings for Record Review Items CFI-1 through CFI-7; CFI-10; and CFI-13 • MDE Special Education Monitoring—Child Find-Re-Evaluation: Review the findings for Record Review Items CFR-1 through CFR-5 Reference the following sources to evaluate if schools abide by IDEA regulations concerning discipline of students with disabilities: • MDE Discipline Monitoring Protocol: Review the findings for Record Review Items Dis-1 through Dis-7 • MDE Policies and Procedures Implementation Protocol: Review the finding for Record Review Item Dis-A

Individualized Education Plan (IEP) Notes:

Reference the following sources to evaluate if schools ensure appropriate staff implemented students individualized education plans and section 504 plans: • MDE Delivery of Services Monitoring Protocol: MDE special education monitoring team will review whether IEPs and 504 plans are appropriately written • Use MDE’s determination for its assessment of whether the school is compliant. • Review the findings for Record Review Items DS-1 through DS-18; DS-20.1.-3., 20.6.-8.; DS- 22; DS-23; and FAPE-1

Accessibility Notes:

Reference the following sources to evaluate if schools provided students and families access to school facility and high-quality educational programming consistent with legal obligations and student abilities. • Special Education Performance Determination Report: Review the chronic absenteeism of students with disabilities compared to both the chronic absenteeism of the school’s students without disabilities and the state average chronic absenteeism of the students with disabilities • MDE Delivery of Services Monitoring Protocol: MDE special education monitoring team will review whether the charter school abides by special education regulations • Review the findings for Record Review Items DS-20.4.-5. as well as DS-21 Measure 4(b): English Learner (EL) Student Rights and Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with obligations for protecting the rights of English Learner students. Reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Identification: Effective steps are implemented to identify students in need of EL services 2. Delivery: Appropriate EL services are provided to identified EL students by appropriate staff and according to the school's policy 3. Accommodations: EL students are provided with appropriate accommodations on assessments 1. MDE Office of Federal Programs and Grants Management - Fiscal Monitoring Instrument for ESSA Programs 2. Site Visit Report (as applicable)

Exiting: EL students are exited from services according to their capacities 5. Monitoring: Former EL students are monitored for at least two years upon exiting services

Measure Notes: • Both MCSAB and MDE have responsibility for ensuring charter schools’ compliance in special education • MDE Office of Federal Programs and Grants Management performs routine oversight and monitoring of English Learner services for all public schools in Mississippi • MCSAB will use findings from this monitoring as well as its own oversight to determine if the school is compliant • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “special populations” tab of the Organizational Performance Framework Workbook based on rating criteria

Identification Notes:

Reference the following sources to evaluate if schools implement effective steps to identify students in need of EL services: • MDE Fiscal Monitoring Instrument for Federal Programs: MDE Federal Programs monitoring team will review whether the charter school abides by regulations concerning the identification of English learners under Title III, Part A • Review the findings for NN-4 and NN-15, as applicable

Delivery Notes:

Reference the following sources to evaluate if schools provide appropriate EL service to identified EL students by appropriate staff and according to the school's policy: • MDE Fiscal Monitoring Instrument for Federal Programs: MDE Federal Programs monitoring team will review whether the charter school abides by regulations concerning the provision of English learner services under Title III, Part A • Review the findings for NN-1 through NN-3, NN-5 and NN-6, NN-10 through NN-12, NN-14, and NN-16, as applicable

Accommodations Notes:

Reference the following sources to evaluate if schools provide ELL students with appropriate accommodations on assessments:

• MDE Fiscal Monitoring Instrument for Federal Programs: MDE Federal Programs monitoring team will review whether the charter school provides English learners access to appropriate assessments under Title III, Part A • Review the findings for NN-7 through NN-9, as applicable

Exiting Notes:

Reference the following sources to evaluate if schools exit EL students from services according to their capacities: • MDE Fiscal Monitoring Instrument for Federal Programs: MDE Federal Programs monitoring team will review whether the charter school abides by regulations concerning the provision of English learner services under Title III, Part A • Review the findings for NN-1 through NN-3, NN-5 and NN-6, NN-10 through NN-12, NN-14, and NN-16, as applicable

Monitoring Notes:

Reference the following sources to evaluate if schools Former EL students are monitored for at least two years upon exiting services: • MDE Fiscal Monitoring Instrument for Federal Programs: MDE Federal Programs monitoring team will review whether the charter school abides by regulations concerning the provision of English learner services under Title III, Part A • Review the findings for NN-1 through NN-3, NN-5 and NN-6, NN-10 through NN-12, NN-14, and NN-16, as applicable

Indicator 5: School Environment Measure 5(a): Facilities, Health, Safety, and Transportation Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with all relevant inspections, codes, and regulations related to facilities, health, safety, and transportation. Reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) Evidence of compliance with: 1. Local and state fire and life safety codes 2. Public health sanitary codes 3. ADA requirements 4. Transportation plan 5. Bus safety protocols 1. Fire Marshal Inspection 2. Facility Review (Fire Safety and Maintenance) 3. Facility Review (Cafeteria/Kitchen, Public Health) 4. Statement of Assurance and no verified complaints 5. State Department of Health Food Service Permit

Health service requirements 7. Property insurance 6. Current certificates of insurance signed by an authorized representative of the insurer 7. Certificate of Occupancy 8. MDPH Immunization Compliance Report 9. Site visit report, if applicable

Measure Notes: • Reference the signed Charter School Board Annual Statement of Assurances document as needed • Confirm there are no verified complaints • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “school environment” tab of the Organizational Performance Framework Workbook based on rating criteria

Local and State Fire and Life Safety Codes Notes: Reference the following sources to evaluate if schools meet all relevant fire and life safety codes for public schools: • Fire Marshal Inspection: Use the Fire Marshal inspection to ensure that a school’s facility is safe for students • Facility Review: Review the findings from the Fire Safety and Maintenance portions of the Facility Review • Certificate of Occupancy: Confirm the submission of the Certificate of Occupancy Public Health Sanitary Codes Notes:

Reference the following sources to evaluate if the school passed all relevant inspections: • Facility Review: Review the findings from the Cafeteria/Kitchen and Public Health section • State Department of Health Food Service Permit: This certificate allows a school to store and serve food on-site o Check that this certificate has been issued prior to opening and will also review that it is up to date each year

ADA Requirements Notes:

Reference the following sources to evaluate if schools facilities are compliant with ADA regulations: • Statement of Assurance and no verified complaints • Site Visit Report (as applicable)

Transportation Plan Notes:

Reference the following sources to evaluate if the school follows its transportation policy as approved by the MCSAB: • Statement of Assurance and no verified complaints • Site Visit Report (as applicable)

Bus Safety Protocols Notes:

Reference the following sources to evaluate if the school follows applicable bus safety protocols: • Statement of Assurance and no verified complaints • Site Visit Report (as applicable) Health Service Requirements Notes:

Reference the following sources to evaluate if the school is meeting obligations related to health services. • Facility Review: Review the findings from the Public Health section • MDPH Immunization Compliance Report • Site Visit Report (as applicable) Property Insurance Notes:

Reference the following sources to evaluate if the school provides documentation of required insurance coverage: • Current certificates of insurance signed by an authorized representative of the insurer

Other Notes: • A charter school may not modify the transportation policy without approval from the Authorizer

Measure 5 (b): Student Records and Information Handling Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with obligations related to the management of student records and information.

MCSAB Charter Contract (Approved 7/31/2020)(2.14.1)

Reference the following data/evidence and sources to evaluate this measure:

Secondary Source: 1. Site Visit Report, if applicable

Measure Notes: • Reference the signed Charter School Board Annual Statement of Assurances document as a primary source of compliance • Confirm there are no verified complaints • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “school environment” tab of the Organizational Performance Framework Workbook based on rating criteria

Measure 5 (c): Background Check Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with fingerprint background check requirements. Reference the following data/evidence and sources to evaluate this measure:

Data/Evidence Source(s) 1. Evidence of updated background checks Primary Source: 1. Statement of Assurance and no verified complaints Secondary Source(s): 1. Site Visit Report, if applicable 2. Charter Contract Exhibit I-Criminal Background Checks

checks per the procedure developed in consultation with relevant entities • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “school environment” tab of the Organizational Framework Workbook based on rating criteria

Other Notes: • All charter school teachers and other school personnel, as well as members of the governing board and any education service provider with whom a charter school contracts, are subject to criminal history record checks and fingerprinting requirements applicable to employees of other public schools

Measure 5 (d): Employee Rights and Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with obligations related to employee rights. Reference the following data/evidence and sources to evaluate this measure:

Secondary Source(s): 1. School Employee Handbook

Measure Notes: • Reference the signed Charter School Board Annual Statement of Assurances document as a primary source of compliance • Confirm there are no verified complaints • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “school environment” tab of the Organizational Framework Workbook based on rating criteria

Miss. Code Ann. § 37-28-49

Indicator 6: Governance and Reporting Measure 6(a): School Board Governance Requirements Measure Type: Compliance

Registered Non-Profit Status Notes:

Reference the following sources to evaluate if a school is in compliance with the legal requirement that it hold 501(c)(3) status: • Secretary of State’s Office Charities Search Tool: Determine if the organization has complied with state law • Organizations listed as “current-registered” are considered compliant • IRS Tax Exempt Organization Search Tool: Determine if the organization has maintained its 501(c)(3) status • Organizations currently listed in Publication 78 are considered compliant

Mississippi Open Meetings Act § 25-41-1 Notes:

Reference the following sources to evaluate if a school abides by the Mississippi Open Meetings Act: • Statement of Assurance and no verified complaints • Charter Board Bylaws • Charter Board packets/minutes

Mississippi Public Records Act and FERPA Notes:

Reference the following sources to evaluate if a school abides by the Mississippi Public Records Act and the Family Educational Rights and Privacy Act (FERPA): • Statement of Assurance and no verified complaints • Charter Board Bylaws • Charter Board packets/minutes

Charter Board Bylaws, Conflict of Interest Policy, and Charter Board Composition Notes:

Reference the following sources to evaluate if a school complying with governance requirements: • Statement of Assurance and no verified complaints • Charter Board Bylaws • Charter Board Member and School Staff Information (form) • Charter Board packets/minutes

Measure 6(b): MCSAB and MDE Reporting, Training, and Meeting Requirements Measure Type: Compliance

This measure evaluates whether a school is complying with training and meeting requirements as well as the timely submission of required documents to MCSAB or to the Mississippi Department of Education (MDE). Reference the following data/evidence and sources to evaluate this measure:

Timely communication of deficiencies to the MCSAB 3. Attendance at required trainings and meetings by MCSAB, including meetings with MCSAB and/or MDE staff, MCSAB committee meetings, and MCSAB board meetings

Measure Notes: • Confirm submission of completed forms in Epicenter per the Annual Reporting Calendar • Consider interventions issued, authorizer notes, remediation status, or return to good standing notices (as applicable) when determining compliance • Enter rating in the “Measure Score/Subscore” column of the “governance and reporting” tab of the Organizational Framework Workbook based on rating criteria

Other Notes: • Both MCSAB and MDE require reporting from charter schools • MCSAB uses Epicenter for all reporting, while MDE uses a variety of platforms • Charter schools make submissions to MDE directly • MCSAB will use information from both Epicenter and MDE to determine if a school is compliant • Several MDE offices require timely submissions from charter schools:

o MDE notifies schools and MCSAB in the event requested reporting or data submissions are late.

o MCSAB will evaluate the school based on whether it received any late notifications from MDE as well as whether MDE requires the school to complete corrective action • Schools have a five-day grace period after the submission deadline to comply before a reporting submission is deemed late • Schools are notified in writing should additional documentation be required throughout the year • Submission deadlines for additional documentation is generally ten days after notification, with the same grace period as all other submissions

The following is a sample performance framework report:

Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

Annual Performance Framework Report

[SCHOOL NAME] | [SCHOOL YEAR] | [GRADE CONFIGURATION]

School Year 2016-17 2017-18 2018-19 2019-20 2020-21 Operational Year 2 3 4 5 6 Year / Contract Years 2 / 5 3 / 5 4 / 5 5 / 5 1 / 3 Grade Configuration 5-7 5-8 5-8 5-8 5-8 Additional info about school

Academic Performance

2017-18*

2018-19*

2019-20**

2020-21**

2021-22

Fails to Meet Expectations

Approaches Expectations

No Rating

Approaches Expectations

Financial Performance

2017-18*

2018-19*

2019-20***

2020-21***

2020-21 Meets Expectations Meets Expectations

No Rating

No Rating Meets Expectations

Organizational Performance

2017-18*

2018-19*

2019-20*

2020-21*

2020-21 Meets Expectations Meets Expectations Approaches Expectations Meets Expectations

Rating based on prior performance framework ** No academic performance ratings in 2019-20 and 2020-21 due to MDE waivers for COVID-19 *** No financial rating in 2019-20 due to timing of audit findings

School Response:

Annual Performance Framework Report [SCHOOL NAME] | [SCHOOL YEAR] | [GRADE CONFIGURATION] Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

Academic Performance

Approaches Expectations

Indicator (1) State Accountability

(2) Academic Proficiency

(3) Academic Growth

(4) Academic Gap

(5) Academic Readiness

(7) School- Specific [OPTIONAL] Weight [weight %] [weight %] [weight %] 0% 0% 0% Rating Approaches Expectations Approaches Meets Expectations No Rating No Rating No Rating Expectations

Financial Performance

Meets Expectations

Indicator (1) Short-term Financial Health

(2) Long-term Financial Health

(3) Financial Management & Oversight Rating Meets Expectations Meets Expectations Meets Expectations

Organizational Performance

Meets Expectations

Indicator (1) Educational Program Requirements

(2) Enrollment & Admissions

(3) Discipline

(4) Special Populations

(5) School Environment

(6) Governance & Reporting Rating Approaches Expectations

Meets Expectations

Meets Expectations SY 2021-22

Academic Performance

Approaches Expectations

(1) State Accountability | [weight %]

Rating Score Criteria Exceeds Expectations 4 A Meets Expectations 3 B or C Approaches Expectations 2 D Fails to Meet Expectations 1 F

Measure Measure Weight School Grade Score Measure Rating (1a) School Letter Grade [weight %] D 2 Approaches Expectations

School Response:

(2) Academic Proficiency | [weight %]

Rating Score Criteria Exceeds Expectations 4 20 percentage points or more above geographic district average Meets Expectations 3 Equal to or up to 19 percentage points above geographic district average Approaches Expectations 2 19 percentage points or less below geographic district average Fails to Meet Expectations 1 20 percentage points or more below geographic district average

Measure Measure Weight Subject School % Prof District % Prof Difference Score Rating Measure Rating

(2a) MAAP Proficiency, Overall

[weight%] ELA 14.9% 27.1% -12.2% 2 Approaches Expectations Approaches Expectations Math 15.0% 23.8% -8.8% 2 Approaches Expectations

Science 39.9% 32.5% 7.1% 3 Meets Expectations

Measure Measure Weight Subject Subgroup School % Prof District % Prof Difference Score Rating Measure Rating

(2b) MAAP Proficiency, Subgroup

[weight%]

ELA Black or African American

14.9%

27.1%

-12.2%

Approaches Expectations Approaches Expectations Economically Disadvantaged 14.9% 27.1% -12.2% 2 Approaches Expectations

Female 14.9% 27.1% -12.2% 2 Approaches Expectations Male 15.3% 23.5% -8.2% 2 Approaches Expectations Students with Disabilities 25.8% 13.7% 12.1% 3 Meets Expectations

Math Black or African American

15.5%

23.3%

-7.8%

Approaches Expectations Economically Disadvantaged 15.0% 23.8% -8.8% 2 Approaches Expectations Female 14.7% 25.5% -10.8% 2 Approaches Expectations Male 15.3% 22.1% -6.8% 2 Approaches Expectations Students with Disabilities 19.4% 12.1% 7.3% 3 Meets Expectations

Science Black or African American

39.4%

31.7%

7.7%

Meets Expectations Economically Disadvantaged 39.6% 32.5% 7.1% 3 Meets Expectations Female 26.5% 33.3% -6.8% 2 Approaches Expectations Male 50.9% 31.6% 19.3% 3 Meets Expectations Students with Disabilities 20.0% 12.0% 8.0% 3 Meets Expectations

Annual Performance Framework Report Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

School Response:

Annual Performance Framework Report [SCHOOL NAME] | [SCHOOL YEAR] | [GRADE CONFIGURATION] (3) Academic Growth | [weight %] Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

Measure Measure Weight Subject School Growth % District Growth % Difference Score Rating

Measure Rating

(3a) MAAP Growth, Overall

[weight%] ELA 44.3% 49.3% -5% 2 Approaches Expectations Meets Expectations

Math

62%

52.6%

9.4%

Meets Expectations

Measure Measure Weight

Subject

Subgroup School Growth % District Growth %

Difference

Score

Rating

Measure Rating

(3b) MAAP Growth, Subgroup

[weight%]

ELA Black or African American 14.9% 27.1% -12.2% 2 Approaches Expectations Approaches Expectations Economically Disadvantaged 14.9% 27.1% -12.2% 2 Approaches Expectations

Female 14.9% 27.1% -12.2% 2 Approaches Expectations Male 15.3% 23.5% -8.2% 2 Approaches Expectations Students with Disabilities 25.8% 13.7% 12.1% 3 Meets Expectations

Math Black or African American 15.5% 23.3% -7.8% 2 Approaches Expectations Economically Disadvantaged 15.0% 23.8% -8.8% 2 Approaches Expectations Female 14.7% 25.5% -10.8% 2 Approaches Expectations Male 15.3% 22.1% -6.8% 2 Approaches Expectations Students with Disabilities 19.4% 12.1% 7.3% 3 Meets Expectations

Rating Score Criteria Exceeds Expectations 4 70% or more Meets Expectations 3 50% to 69% Approaches Expectations 2 30% to 49% Fails to Meet Expectations 1 29% or less

Measure Measure Weight

Subject

Subgroup % of Students Meeting Growth Projection

Score

Rating

Measure Rating

Grade 5 56% 3 Meets Meets

Expectations Expectations

Reading Grade 6 65% 3 Meets Expectations

(3c)

Grade 7 75% 4 Exceeds School- Selected [weight%]

Expectations

Grade 5 56% 3 Meets Growth

Expectations

Math Grade 6 65% 3 Meets Expectations

Grade 7 75% 4 Exceeds

Expectations

School Response:

Annual Performance Framework Report [SCHOOL NAME] | [SCHOOL YEAR] | [GRADE CONFIGURATION] (4) Academic Gap | 0 % Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

Rating Score Criteria Exceeds Expectations 4 20 percentage points or more below geographic district average Meets Expectations 3 Equal to or up to 19 percentage points below geographic district average Approaches Expectations 2 19 percentage points or less above geographic district average Fails to Meet Expectations 1 20 percentage points or more above geographic district average

Measure Measure Weight Subject Subgroup School Gap District Gap Difference Score Rating

Measure Rating

(4) MAAP Academic Gap

ELA Black or African American -- -- -- -- No Rating No Rating Economically Disadvantaged -- -- -- -- No Rating

Female -- -- -- -- No Rating Male -- -- -- -- No Rating Students with Disabilities -- -- -- -- No Rating

Math Black or African American -- -- -- -- No Rating Economically Disadvantaged -- -- -- -- No Rating Female -- -- -- -- No Rating Male -- -- -- -- No Rating Students with Disabilities -- -- -- -- No Rating

School Response:

(5) Academic Readiness | 0%

Rating Score Criteria Exceeds Expectations 4 Spring scale score between 775-900 Meets Expectations 3 Spring scale score between 675-774 Approaches Expectations 2 Spring scale score between 488-674 Fails to Meet Expectations 1 Spring scale score between 300-487

Measure Measure Weight Subject School Spring Scale Score Score Measure Rating (5a) Kindergarten Readiness

Reading

No Rating

Measure Measure Weight Subject School % Prof District % Prof Difference Score Measure Rating (5b) 3 rd Grade Reading Readiness

Reading

No Rating

School Response:

(7) School-Specific [OPTIONAL] | 0%

Rating Score Criteria Exceeds Expectations 4 TBD Meets Expectations 3 TBD Approaches Expectations 2 TBD Fails to Meet Expectations 1 TBD

Measure Measure Weight Subject Raw Data Score Measure Rating (7a) TBD 0% TBD -- -- No Rating

School Response:

Financial Performance

Meets Expectations

(1) Short-term Financial Health (Current Year)

Rating Score Criteria Meets Expectations 3 Greater than or equal to 1.1 or Between 1.0 and 1.1 and one-year trend is positive Approaches Expectations 2 Between 0.9 and 1.0 or equal to 1.0 or Between 1.0 and 1.1 and one-year trend is negative Fails to Meet Expectations 1 Less than or equal to 0.9

Measure Measure Type Target Differentiated Total Ratio Score Measure Rating (1a) Current Ratio Performance All Years 2.2 3 Meets Expectations

Rating Score Criteria Meets Expectations 3 (YR 1 & YR2): Greater than or equal to 30 days cash (YR 3+): Greater than or equal to 60 days cash or between 30-60 days cash and one-year trend is positive Approaches Expectations 2 Between 15-30 days cash or Between 30-60 days cash and one-year trend is negative Fails to Meet Expectations 1 Less than or equal to 15 days cash

Measure Measure Type Target Differentiated Unrestricted Days Cash Score Measure Rating (1b) Unrestricted Days Cash Performance Year 1 and 2 Year 3+ -- -- No Rating

Rating Score Criteria Meets Expectations 3 Actual enrollment is equal to or greater than 95% of budgeted enrollment in the current year Approaches Expectations 2 Actual enrollment is 86-94% of budgeted enrollment in the current year Fails to Meet Expectations 1 Actual enrollment is less than or equal to 85% of budgeted enrollment in the current year

Measure Measure Type Target Differentiated Variance Score Measure Rating (1c) Current-year Enrollment Variance Performance All Years 98% 3 Meets Expectations

Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

Annual Performance Framework Report Short-term Financial Health (Current Year)

Rating Score Criteria Meets Expectations 3 School is not in default of loan covenant(s) and/or is not delinquent with debt service payments Approaches Expectations 2 School is in default of loan covenant but has worked with lenders to restructure debt service payments. Fails to Meet Expectations 1 School is in default of loan covenant(s) and/or is delinquent with debt service payments

Measure Measure Type Target Differentiated Debt Default Score Measure Rating

(1d) Debt (or lease) Default

Performance

All Years School is not in default of loan covenant(s) and/or is not delinquent with debt service payments

Meets Expectations

School Response:

Annual Performance Framework Report [SCHOOL NAME] | [SCHOOL YEAR] | [GRADE CONFIGURATION] (2) Long-term Financial Health (Sustainability Over Multiple Years) Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

Rating Score Criteria Meets Expectations 3 Less than 0.9 Approaches Expectations 2 Between 0.9 and 1.0 Fails to Meet Expectations 1 Greater than 1.0

Measure Measure Type Target Differentiated Debt-to-Asset Ratio Score Measure Rating (2a) Debt-to-Asset Ratio Performance All Years 0.8 3 Meets Expectations

Rating Score Criteria Meets Expectations 3 (YR1 & YR2): Current Year Total Margin is positive (or greater than 0) (YR3): 3-Year Total Margin is positive (or greater than 0) and Current Year Total Margin is positive or 3 -Year Total Margin is greater than -1.5%, the trend is positive for the last two years, and the Current Year Total Margin is positive Approaches Expectations 2 (YR1 & YR2): N/A (YR3): 3-Year Total Margin is greater than -1.5 percent, but trend does not “Meet Expectations” Fails to Meet Expectations 1 (YR1 & YR2): Current Year Total Margin is negative (YR 3+): 3-Year Total Margin is less than or equal to -1.5% or Current Year Total Margin is less than -10%

Measure Measure Type Target Differentiated Total Margin Score Measure Rating (2b) Total Margin Performance Year 1 and 2 YR 3+ -- -- No Rating

Rating Score Criteria Meets Expectations 3 (YR1 & YR2): One-Year Cash Flow, or Total Cash Balance, is positive (YR3): Multi-Year Cumulative Cash Flow is positive, and Cash Flow is positive each year or Multi-Year Cumulative Cash Flow is positive, Cash Flow is positive in one of two years, and Cash Flow in the most recent year is positive Approaches Expectations 2 (YR1 & YR2): N/A (YR3): Multi-Year Cumulative Cash Flow is positive, but trend does not “Meet Expectations” Fails to Meet Expectations 1 (YR1 & YR2): One-Year Cash Flow, or Total Cash Balance, is negative (YR3): Multi-Year Cumulative Cash Flow is negative

Measure Measure Type Target Differentiated Cash Flow Score Measure Rating (2c) Cash Flow Performance Year 1 and 2 -- -- No Rating

School Response:

(3) Financial Management and Oversight

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to financial reporting and compliance. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to financial reporting and compliance and failures have not been remedied.

Measure Measure Type Target Differentiated Criteria Rating Score Measure Rating

(3a) MCSAB and MDE Financial Reporting and Compliance Requirements

Compliance

All Years The school fulfilled all legal and contractual obligations related to financial reporting and compliance

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to financial management and oversight. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to financial management and oversight and failures have not been remedied.

Measure Measure Type Target Differentiated Criteria Rating Score Measure Rating

(3b) Annual Financial Audit / Generally Accepted Accounting Principles (GAAP) Requirements

Compliance

All Years The school fulfilled all legal and contractual obligations related to financial management and oversight

Meets Expectations

School Response:

Organizational Performance

Meets Expectations

(1) Educational Program Requirements

Rating Score Criteria Meets Expectations 3 The school fully implemented all essential terms as defined in the charter contract. Approaches Expectations 2 The school fully implemented at least one essential term as defined in the charter contract. Fails to Meet Expectations 1 The school failed to fully implement any essential term as defined in the charter contract.

Measure Measure Type Criteria Rating Score Measure Rating (1a) Essential Terms of the Charter Contract Compliance The school fully implemented all essential terms as defined in the charter contract

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to educational program requirements. Approaches Expectations 2 The school failed to fulfill at least one legal or contractual obligation, but the school is actively working toward compliance. Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to educational program requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (1b) Educational Program Requirements

Compliance The school fulfilled all legal and contractual obligations related to educational program requirements

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to teacher and employee credentialing requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to teacher and employee credentialing requirements and failures have not been remedied.

Annual Performance Framework Report Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

Measure Measure Type Criteria Rating Score Measure Rating

(1c) Teacher and Employee Credentialing Requirements

Compliance The school failed to fulfill at least one legal and contractual obligation related to teacher and employee credentialing requirements and failures have not been remedied

Fails to Meet Expectations

Educational Program Requirements

Rating Score Criteria Meets Expectations 3 Less than or equal to 13% Approaches Expectations 2 14-19% Fails to Meet Expectations 1 Greater than or equal to 20%

Measure Measure Type Chronic Absenteeism Rate Score Measure Rating (1d) Annual Chronic Absenteeism Rate Performance 15.0% 2 Approaches Expectations

School Response:

(2) Enrollment and Admissions

Rating Score Criteria Meets Expectations 3 The school's percentages of students who qualify for free lunch and students with disabilities percentages, respectively, are equal to or greater than 80% of the local district's underserved enrollment percentage by grade levels served Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school's percentages of students who qualify for free lunch and students with disabilities percentages, respectively, are less than 80% of the local district's underserved enrollment percentage by grade levels served

Measure Measure Type Criteria Rating Score Measure Rating

(2a) Underserved Student Enrollment Percentage Requirement

Compliance The school's percentages of students who qualify for free lunch and students with disabilities percentages, respectively, are equal to or greater than 80% of the local district's underserved enrollment percentage by grade levels served

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to enrollment and admissions requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to enrollment and admissions requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (2b) Enrollment and Admissions Requirements

Compliance The school fulfilled all legal and contractual obligations related to enrollment and admissions requirements

Meets Expectations

Enrollment and Admissions

Rating Score Criteria Meets Expectations

Re-current enrollment rate decrease is less than or equal to ten percent (-10%) Approaches Expectations

-11% and -14% Fails to Meet Expectations 1 Re-current enrollment rate decrease is greater than or equal to fifteen percent (-15%)

Measure

Measure Type Current Year Total Net Membership Previous Year Total Net Membership Re-Current Enrollment Rate

Score

Measure Rating (2c) Re-current Enrollment Rate

Performance

-15.0%

Fails to Meet Expectations

School Response:

(3) Discipline

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to student discipline requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to student discipline requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (3a) Student Discipline Requirements

Compliance The school fulfilled all legal and contractual obligations related to enrollment and admissions requirements

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school’s in-school and out-of-school suspension and expulsion rates are at or below the geographic district’s rates Approaches Expectations 2 Any of the school’s rates are higher than the geographic district’s rates, but the higher rates are less than 2.5 percentage points higher Fails to Meet Expectations 1 Any of the school’s rates are 2.5 or more percentage points higher than the geographic district’s rates

Measure Measure Type Sub-measure School % District % Diff Score Rating Measure Rating (3b) In-

In-school 10.0% 11.0% -1.0% 3 Meets

school and

suspension rate Expectations

Out-of- school Suspension & Expulsion

Performance

Meets Expectations Out-of-school suspension rate 18.3% 15.9% 2.4% 2 Approaches Expectations Expulsion rate 2.5% 3.5% -1.0% 3 Meets

Rates Expectations

School Response:

(4) Special Populations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to students with disabilities rights and requirements. Approaches Expectations 2 The school failed to fulfill at least one legal or contractual obligation, but the school is actively working toward compliance. Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to students with disabilities rights and requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (4a) Students with Disabilities Rights and Requirements

Compliance The school fulfilled all legal and contractual obligations related to students with disabilities rights and requirements

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to EL student rights and requirements. Approaches Expectations 2 The school failed to fulfill at least one legal or contractual obligation, but the school is actively working toward compliance. Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to ELL student rights and requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (4b) English Learner (EL) Student Rights and Requirements

Compliance The school fulfilled all legal and contractual obligations related to EL student rights and requirements

Meets Expectations

School Response:

Annual Performance Framework Report [SCHOOL NAME] | [SCHOOL YEAR] | [GRADE CONFIGURATION] (5) School Environment Annual Report Template Final 2021 A portion of this project has been funded through the Charter School Program (CSP) Grant

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to facilities, health, safety, and transportation requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to facilities, health, safety, and transportation requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (5a) Facilities, Health, Safety, and Transportation Requirements

Compliance The school fulfilled all legal and contractual obligations related to facilities, health, safety, and transportation requirements

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to student records and information handling requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to student records and information handling requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (5b) Student Records and Information Handling Requirements

Compliance The school fulfilled all legal and contractual obligations related to student records and information handling requirements

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to background check requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligations related to background check requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (5c) Background Check Requirements

Compliance The school fulfilled all legal and contractual obligations related to background check requirements

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to employee rights and requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligations related to employee rights and requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (5d) Employee Rights and Requirements

Compliance The school fulfilled all legal and contractual obligations related to employee rights and requirements

Meets Expectations

School Response:

Annual Performance Framework Report Annual Report Template Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant

[SCHOOL NAME] | [SCHOOL YEAR] | [GRADE CONFIGURATION]

(6) Governance and Reporting

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to governance requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to governance requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (6a) School Board Governance Requirements

Compliance The school fulfilled all legal and contractual obligations related to governance requirements

Meets Expectations

Rating Score Criteria Meets Expectations 3 The school fulfilled all legal and contractual obligations related to MCSAB and MDE reporting, training, and meeting requirements. Approaches Expectations 2 N/A Fails to Meet Expectations 1 The school failed to fulfill at least one legal and contractual obligation related to MCSAB and MDE reporting, training, and meeting requirements and failures have not been remedied.

Measure Measure Type Criteria Rating Score Measure Rating (6b) MCSAB and MDE Reporting, Training, and Meeting Requirements

Compliance The school fulfilled all legal and contractual obligations related to MCSAB and MDE reporting, training, and meeting requirements

Meets Expectations

School Response:

Intervention Ladder Intervention Ladder Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Introduction The Mississippi Charter School Authorizer Board (MCSAB) has a responsibility to monitor the performance and legal compliance of all charter schools it oversees. MCSAB may conduct or require oversight activities that enable it to fulfill this responsibility, including conducting appropriate inquiries and investigations that are aligned with the terms of the law and charter contract and do not infringe on charter school autonomy.

MCSAB also has the duty and legal authority to revoke or not renew a charter contract if it determines that the charter school has failed to comply with the terms of the law or charter contract.

The Intervention Ladder provides guidelines for how MCSAB may respond to schools’ academic, financial, and organizational performance that does not meet MCSAB’s standards by establishing the general conditions that may cause authorizer intervention as well as the types of actions that may follow. In alignment with national best practices,

MCSAB will apply interventions that:

• Give schools clear, prompt notice of deficiencies • Allow schools to correct deficiencies within reasonable timeframes • Respect school autonomy by identifying needed remedies and working with schools to identify specific courses of action.

MCSAB has identified several interventions it may use to fulfill its oversight responsibilities, including general conditions that may cause a school to enter the Intervention Ladder, as well as potential actions MCSAB may take. It is not possible to include all situations that may cause a school to enter the Intervention Ladder, the general conditions provided here are examples. MCSAB will use evidence and professional judgment to determine when a school will enter and exit the Intervention Ladder. MCSAB reserves the right to place a charter school at any level without going through the preceding steps if more immediate actions are warranted.

Good Standing All schools begin outside of the Intervention Ladder and are considered to be in Good Standing. Schools in good standing receive standard oversight. Schools must meet performance standards outlined in the performance framework in exchange for this level of oversight.

Miss. Code Ann. § 37-28-31(1)

Miss. Code Ann. § 37-28-33(7)

National Association of Charter School Authorizers. Principles & Standards for Quality Charter School Authorizing. <www.qualitycharters.org>

Good Standing Level 1: Notice of Concern Level 2: Notice of Breach Level 3: Revocation Review

Intervention Ladder Intervention Ladder Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Level 1: Notice of Concern MCSAB may issue a Notice of Concern when it has concerns about a school’s performance or compliance. A Notice of Concern may be appropriate if:

• A school shows signs of weak or declining financial, academic, and/or organizational performance through ongoing oversight or during annual review • A school repeatedly fails to comply with MCSAB and/or MDE reporting obligations in a timely and accurate manner • MCSAB receives a verified

complaint of material concern (e.g. a complaint that a school may be operating out of compliance with their charter contract) • A school receives an overall rating of “Approaches Expectations” on any one area of the performance framework

• Note: Not all conditions above need to apply for MCSAB to issue a Notice of Concern

Potential MCSAB action(s) may include but are not limited to: • Written Notice of Concern to governing board identifying area(s) of concern and timeline to remedy (as applicable) • Meetings with school staff and governing board to determine an agreed upon course of action • Monitoring of school’s implementation of agreed upon course of action

Upon remedying the concern, the school may return to Good Standing.

Level 2: Notice of Breach MCSAB may issue a Notice of Breach when it has reason to believe a school may be in material violation of an applicable law, rule, policy, or contract provision. A Notice of Breach may be appropriate if: • A school shows continued signs of weak academic, financial, or organizational performance through ongoing oversight or during annual review • A school fails to resolve or make progress toward remedying previous Notices of Concerns • A school fails to comply with applicable laws, regulations, and/or the terms of the charter contract • A school fails to submit the annual financial audit by the statutory deadline

• A school receives an overall rating of “Fails to Meet Expectations” on the academic, financial, and/or organizational framework • Note: Not all conditions above need to apply for MCSAB to issue a Notice of Breach

MCSAB Complaint Procedure

MCSAB Charter Contract (5.1.8) Meets or Exceeds standards are the desired performance levels and annual designations on the performance framework of less than Meets or Exceeds will result in an intervention.

Intervention Ladder Intervention Ladder Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

MCSAB Charter Contract (3.2.5) Potential MCSAB action(s) may include but are not limited to: • Written Notice of Breach to school board identifying area(s) of breach and timeline to remedy (as applicable) • Meeting the governing board • A requirement for a detailed corrective action plan developed by the school and approved by MCSAB staff • Monitoring of the school’s implementation of the steps required to cure the breach • Additional site visits • Additional reporting (as applicable)

Upon remedying the breach, the school may return to Good Standing.

Intervention Ladder Intervention Ladder Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Level 3: Revocation Review MCSAB may issue a Revocation Review when it has reason to believe a school may be at risk of contract revocation. MCSAB may issue a Revocation Review if: • A school commits a serious violation of the law, regulations, and/or the terms of the charter contract • A school continues to fail to comply with applicable laws, regulations, and/or the terms of the charter contract • A school fails to make substantive progress toward meeting the terms of its corrective action plan for a Notice of Breach • MCSAB has reason to believe a school may be: • Failing to act strictly as a nonprofit corporation

• Operating in a discriminatory manner,

particularly in its admissions practices

Potential MCSAB action(s) may include: • Written notice to the governing board stating intent to consider revocation • Meeting with the governing board • A requirement for a detailed corrective action plan developed by the school and approved by MCSAB staff • Additional site visits

Findings from the Revocation Review may determine whether a school enters into revocation proceedings. Data gathered from the performance framework data collection and reporting process can be used to initiate charter school revocation proceedings.

If a school enters revocation proceedings, MCSAB will follow the closure and revocation procedures outlined in the Mississippi Charter School Law

and MCSAB policy.

MCSAB Charter School Contract (1.1.4)

MCSAB Charter School Contract (2.26.3)

MCSAB Charter School Contract (2.7.4)

Miss. Code Ann. § 37-28-33(7)

Miss. Code Ann. § 37-28-33 and 35;

Mississippi Administrative Code Part 402, Chapter 5.

Intervention Ladder Intervention Ladder Final 2021 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Mississippi Charter School Performance Framework Statement of Assurance Statement of Assurance Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

Charter School Board Annual Statement of Assurance

For MCSAB Organizational Performance Framework Requirements For School Year 20__ to 20__

Pursuant to Chapter 28 of Title 37 of the Mississippi Code, the authorizer shall monitor annually the performance and legal compliance of each charter school it oversees, including collecting and analyzing data to support the school's evaluation according to the charter contract.

The authorizer may conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter, adhere to the terms of the charter contract, and do not unduly inhibit the autonomy granted to charter schools. • Complete and submit this form no later than 45 days after the completion of the school year. • Maintain a compliance file that is easily accessible at the school site that includes reference to evidence of compliance (e.g. reference to board policies, bylaws, handbooks, certificates, complaints, etc.) As the duly authorized representative of (SCHOOL NAME), I certify to the Mississippi Charter School Authorizer Board (MCSAB) that based on review, verification, and certification of the compliance of the charter school, that the charter school is in compliance with all applicable federal, state, and local laws, regulations, and ordinances as well as with its obligations contained in its current charter school contract with the MCSAB for the duration of the 20 -20 fiscal and educational school year, with the exception of any open or pending compliance issues identified below.

Signature Date

Printed Name

Board Title (Chair or Vice Chair) Please list any open or pending compliance issues below with the current remediation status of each compliance issue.

This form is adapted from the Nevada State Public Charter School Authority’s Organizational Performance Framework Technical Guide – Appendix A.

Miss. Code Ann. § 37-28-31

Mississippi Charter School Performance Framework Statement of Assurance Statement of Assurance Proposed 2024 A portion of this project has been funded through the Charter School Program (CSP) Grant.

History

Source: Miss Code Ann, § 37-28-29, 37-28-31

Part 405 Charter School Expansion Policy and Application

10 Miss. Admin. Code Pt. 405 Charter School Expansion Policy and Application

1 Title 10: Education Institutions and Agencies

Part 405: Charter School Expansion Policy and Application

Part 405, Chapter 1: Charter School Expansion Policy and Application

The Mississippi Charter School Authorizer Board

Charter School Expansion Policy and Application

2 Table of Contents Charter School Expansion Overview ...................................................................................................................4 Charter School Eligibility .....................................................................................................................................4 Expansion Evaluation ...........................................................................................................................................5 Application Overview ...........................................................................................................................................5 Application Timeline ............................................................................................................................................5 Submission of Application Materials ..................................................................................................................5 Completeness Check ...........................................................................................................................................8 Applicant Opportunity for Discussion .................................................................................................................8 Expansion Application Report and Recommendation ........................................................................................8 Board Action ........................................................................................................................................................8 Section 1: Expansion Plan and Timeline .............................................................................................................8 Section 2: Community Need & Student Enrollment ............................................................................................9 Section 3: Organizational Capacity .....................................................................................................................9 Section 4: Facility Capacity & Viability .............................................................................................................. 10 Section 5: Financial Viability ............................................................................................................................. 10 Section 6: Educational Program ........................................................................................................................ 11 Journal of School Choice Charter School Models ............................................................................................ 12 Resources .......................................................................................................................................................... 15

3 Introduction The Mississippi Charter School Authorizer Board’s mission is to “authorize high-quality charter schools, particularly schools designed to expand opportunities for underserved students” as we pursue excellence through options. “Great authorizers are dedicated to a mission of giving more children access to better schools through the proactive creation and replication of high-quality charter schools and the closure of academically low-performing ones.” National Association of Charter School Authorizers (NACSA).

Expansion Defined Significant expansion of enrollment in charter schools is defined as a substantial increase in the number of students attending a charter school due to a significant event that is unlikely to occur on a regular basis. To further clarify this, the following conditions will be applied to this definition. A charter school will be considered significantly expanding if: The charter school is expanding for one of the following reasons: a. adding one or more grades outside the current contract terms; b. relocating to new space that allows for an approved expansion previously restricted by inadequate facilities; c. adding grades that significantly impact or fundamentally change the schools’ current model (ex. changes to current grade configurations such as an elementary to high school or high school to middle school.) Examples of school models may be found in Appendix A.

Expansion Readiness When considering an expansion application, Governing Boards should evaluate their readiness for expansion in order to ensure that the expansion is likely to result in the addition of high-quality education options for students and families. The National Association of Charter School Authorizers (NACSA) has compiled a list of readiness indicators for authorizers and schools when considering expansion and is presented below 1 .

Readiness for Expansion

In alignment with national best practice, readiness is defined as an application that provides: • A clear and compelling mission; • A strong educational program with demonstrated effectiveness; • Evidence of community need and support; • A solid business and financial plan; • Effective governance and management structures and systems; • Strong and stable leadership demonstrating diverse and necessary capabilities; and • Clear evidence of the applicant’s capacity to execute its plan successfully.

1 This work is licensed under the Creative Commons Attribution 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA.

4 Charter School Expansion Overview A Charter School Governing Board seeking school expansion of one or more of its approved schools must submit a contract amendment request to MCSAB. An approved amendment request will require the submission of an application detailing the request for expansion as defined and described in this policy. MCSAB staff and/or a 3 rd party evaluator will review the application against the criteria set forth in the application provided in this document. The application outlines the criteria used by the MCSAB Staff and/or its 3 rd party evaluator and Board to evaluate a charter schools’ expansion application. The MCSAB Staff and/or its 3 rd party evaluator will accept and evaluate applications and recommend to the MCSAB those requests that are likely to provide additional high-quality educational opportunities to students. In accordance with the MCSAB Expansion Policy, the MCSAB has the final authority to approve requests for expansion.

Charter School Eligibility Charter schools that meet the definition for high quality may submit an expansion amendment request. Following MCSAB approval of a school’s contract amendment request, an expansion application may be submitted by a high quality school, demonstrating success over time and in good standing with MCSAB. The execution of the school’s contract amendment request is dependent upon the approval of a successful expansion application.

High Quality School Defined To meet the definition of a high quality school eligible for expansion, Mississippi’s charter schools must meet or exceed the academic standards for student achievement and growth, post-secondary readiness, and mission specific goals as determined by the Mississippi Performance Framework. Additionally, the school shall have no significant audit findings (including material findings and/or going concern) within the previous three years of operation and must exhibit sound organizational health. Consideration for expansion is granted only to schools in good standing, that are financially viable, and have been faithful to the essential terms of the charter, and applicable laws. Submission of Application Materials

Step 1 Complete the Amendment Request Form

Step 2 Complete the Expansion Application

MCSAB strives to ensure appropriate and transparent oversight through our Performance Framework, charter contract, Intervention Ladder, and authorization & renewal processes. This document seeks to provide clear expectations for schools requesting an expansion to their current school. This document includes the standard application questions that are generally considered a part of the expansion evaluation; however, each expansion application may be modified if needed based on the proposed expansion, the school’s existing body of evidence (academic, financial, and organization performance over time), the time since the school’s most recent charter renewal, and any other relevant circumstances. Additionally, the depth of response for each section will vary significantly based on the scale of the proposed expansion. For example, adding enrollment to existing grades (additional grade level sections) may require substantially less detail from the charter’s current educational program when compared to those school’s seeking expansion into new grade levels beyond the current contracted terms or changing the school’s model.

Expansion Evaluation It is generally assumed that all schools requesting an expansion of their current program have met the NACSA readiness indicators and MCSAB’s definition of a high quality/high performing school. The table found on page 6 outlines the standards and criteria used to evaluate a charter school expansion application and the source of the material used for the review.

Application Overview Applying for the expansion of an existing school is a separate process and distinctly different than that of applying for a new school. Expansion involves the evaluation of an existing operator’s success in terms of its overall academic, financial, and organizational performance. In addition to evidence of providing high quality educational opportunities and outcomes for scholars, schools seeking expansion will demonstrate community support and high demand for enrollment into the charter school. A request for expansion is not an automatic approval, even for schools that meet past performance indicators. The Authorizer must also consider capacity of leadership and enrollment trends.

Expansion applications should focus on providing evidence of the effectiveness of the currently operating school(s). The narrative should be as concise and clear as possible. All requested documentation should be provided as attachments or links to or within the narrative. This includes any specific, documented evidence, tables, statistics, and other information which may require elaboration beyond the scope of the narrative.

Application Timeline Schools should submit expansion application materials in accordance with the timeline established by MCSAB unless waived for extenuating circumstances (such as a natural disaster, global pandemic, etc.). The standard expansion application timeline includes an MCSAB amendment request prior to an application submission in the fall or spring. (see table below)

Summary of the Standard Expansion Application Process Components Fall Submission Spring Submission Amendment Request Form Applicant submits amendment request in June for board consideration in July Applicant submits amendment request in December for board consideration in January Application Due October 1 April 1 If Applicable Applicant Discussion with the Performance and Accountability Committee By December 1 By June 1 Board Discussion of the Report and Recommendation By January 1 By July 1 Official Board Action January Board Meeting July Board Meeting

Submission of Application Materials All application materials must be submitted via the MCSAB online platform. The Applicant must address all items within the Expansion Application Narrative. If a particular prompt does not apply, please indicate by responding not applicable or N/A. If additional context would support your position, please elaborate beyond the N/A response. Please limit your responses so that the completed version of this Expansion Application narrative does not exceed 25 pages. If the Applicant would like to provide additional attachments to supplement information provided in the application narrative or to provide additional information not required as part of the

6 Expansion Application, the additional attachments should be clearly referenced within the Expansion Application Narrative by filename and/or document title/page number.

Review Area Standard Existing Material MCSAB School Provides Application Material School Quality Academic Performance School has a track record of academic growth and is performing at or above on state assessments when compared to the district in which the school is located. Track record is defined as a minimum of three consecutive years. X Academic Performance School has a track record of meeting or exceeding all Academic Performance Indicators. Track record defined as a minimum of three consecutive years. X Leadership and Organizational Capacity Leadership and Governance School has strong and stable school leadership. The school governing board demonstrates the capacity to expand the current program with fidelity, implement the mission, and replicate and perpetuate success for all students X X Leadership and Governance The school governing board has taken official action to approve a school expansion as evidenced in its board minutes. X X Organizational Performance School does not have unresolved notices of noncompliance and has not recently received a Notice of Concern or Breach of contract X Facility Capacity & Viability Existing Certificate of Occupancy Current facility occupancy capacity is sufficient to support the expansion without major renovations or changes X Facilities Plan Adequate plan is submitted with the application that will satisfy the facility requirements X Financial Viability Financial Plan School operates in a fiscally responsible manner and has a plan to ensure financial solvency during expansion X X Financial Performance School currently meets or exceeds all financial Performance Framework Indicators X Financial Performance School does not have significant or unresolved audit findings within the previous three school years. X Community Need & Student Enrollment Evidence of Need and Support School provides evidence of strong student and family demand for the addition of high quality seats and provides evidence that the community will benefit from the expansion X Student Enrollment School has a history of meeting and/or exceeding enrollment projections X Evidence of Planning School has a comprehensive plan for the expansion and provides an explanation of how the requested expansion will enable the school to better serve educationally disadvantaged students X X Rationale School has a clear rationale and defensible reason for expanding that does not focus solely on increasing revenue X Other Length of Operation School has been in operation for at least three years X School Network Performance School network has successfully expanded its program previously and has adequate central office staff to support the continued expansion X Educational Plan School provides an educational plan that details how the school will meet the needs of all students, sustain the core academic program through the expansion, and demonstrate high levels of success X

Completeness Check An application is considered filed when submitted via the online platform by the published deadline. Within 15 business days of receiving an application, MCSAB shall determine whether the application satisfies the requirements listed in the Application Checklist and is therefore complete. If the application is not complete, staff shall notify the applicant within the 15 day period and provide a list of the information required to complete the application. The applicant has 15 business days after the date it receives the notice to provide the required information for review. MCSAB is not required to act on the application if the applicant does not provide the required information within the 15 day period. Upon submission of a complete application, the window of review begins. Staff may request additional information during the review period and provide reasonable time for the applicant to respond. . Applicant Opportunity for Discussion Depending on the scope of the proposed expansion, Applicants may be asked to engage in a discussion with the MCSAB’s Performance and Accountability Committee and take questions from committee members. Additionally, applicants may be asked to provide a summary of the proposed expansion, addressing any questions identified by the Performance and Accountability Committee, to the full Board during a regularly scheduled board meeting.

Expansion Application Report and Recommendation Applicants will receive a copy of the recommendation report in advance of the board meeting.

Board Action The Board will rule on the application during a regularly scheduled board meeting. MCSAB can vote to approve, approve with conditions, or deny the application. All documents will be public records and posted on the MCSAB website.

Evaluation and Criteria Meets the Standard ~ the applicant responded thoroughly and completely addressing all components of each prompt or question. The applicant provided a comprehensive, coherent, and realistic response demonstrating expansion readiness.

Fails to Meet the Standard ~ the applicant failed to respond thoroughly and completely. The applicant failed to address all required components of each prompt or question. The applicant did not provide a comprehensive, coherent, or realistic response that demonstrated readiness for expansion.

Section 1: Expansion Plan and Timeline School has a comprehensive plan for expansion and provides a detailed explanation of how the requested school expansion as defined above will enable the school to increase opportunities for underserved students, consistent with the purposes of the Mississippi Charter School Act.

Clearly describe the rationale for the expansion request. The detailed response should include the following:
1. Why the school is requesting this particular school size/configuration.
2. Why the school is requesting the expansion at this specific moment in time; and

9 c. How the proposed expansion will enhance or expand opportunities within this community including how the proposed expansion will enable the school to adequately serve educationally disadvantaged students. 2. Summarize the school’s plan for expansion including the timeline and staff responsible for implementation. 3. If applicable, indicate whether the school plans to apply for the federal Charter Schools Program (CSP) grant for a one-time significant expansion and provide evidence of eligibility to apply for the CSP grant.

Section 2: Community Need & Student Enrollment School demonstrates convincing student and family demand for the addition of high quality seats or grade levels and provides evidence that the community will benefit from the expansion.

Provide an enrollment table that reflects the proposed expansion. The enrollment table should: a. Include as many years as necessary for the school to reach its maximum proposed enrollment noting and acknowledging that grade levels exceeding current charter term are subject to an approved renewal. b. Include enrollment by grade and total enrollment.
Describe the targeted anticipated student population for the proposed expansion. The description should include, but not be limited to, the percent of students with disabilities, gifted and talented students, English Learners, and students eligible for free or reduced price lunch.
Provide specific evidence of need including current school enrollment waiting lists by grade level and letters of support from community stakeholders. The evidence will demonstrate that the student/family demand actually exists for the proposed expansion and is aligned to the enrollment projections.
Discuss the degree to which the charter school has engaged community members regarding the proposed expansion.
Describe the school’s recruitment and enrollment process for the expansion.
Address any changes to the school’s current enrollment process, including, but not limited to, the school’s lottery considerations. A clear rationale for each proposed change should be provided and all changes must be in accordance with charter school statutes and regulations. If the school does not anticipate changes to current practice, please indicate by responding Not Applicable.

Section 3: Organizational Capacity School has strong and stable school leadership, and the school’s governing board has demonstrated the capacity to implement the current program with fidelity and ensure success for all students.

Describe the school’s current governance and administrative structures. Discuss anticipated changes resulting from the proposed expansion. The description should include the key staff and board members involved in the planning of the proposed expansion and evidence of their ability to provide sound oversight.
Describe any other significant operational adjustments that will be required to fulfill the proposed expansion (i.e., food services, transportation, etc.).
Describe key personnel changes as a result of the expansion. Key changes should include, at minimum: the identification of the charter school’s leadership team; and, if applicable, how the network-level staff will evolve over time to meet the needs of the school staff and students.
If revised, include copies of the following:
1. The school enrollment policy (redlined version to indicate approved changes)
2. The governing board bylaws (redlined version to indicate approved changes)

10 c. A copy of the board minutes demonstrating policy or policies adoption

Section 4: Facility Capacity & Viability Current facility occupancy capacity is sufficient to support the expansion, or an adequate plan is submitted with the application that will satisfy the facility requirements.

Describe how the facility will be impacted by the school’s requested expansion (that is, how enrolling more students in subsequent years will impact the use of space).
If applicable, discuss the timeline by which the school would make significant capital investments, add space, or move from one space to another. a. For any changes in facilities that would need to occur by the next school year, describe the current plan and progress towards realizing the necessary changes. b. For any changes in facilities that would occur beyond the next school year, describe the school’s strategic approach to realizing those changes. Describe any potential challenges and the strategies the school would apply to overcome those challenges. c. For any changes requiring significant renovations, describe how those renovations will be financed in line with the school’s budget.
If changing locations, please provide the following:
1. Resolution from the school’s governing board
2. Lease or purchase terms of the facility including term sheet from lender, if financing, and lease
terms from landlord, if renting; c. An assurance included in the board’s resolution approving expansion that no other financial, legal, or other liabilities exist; and d. Contingency plan in the event the school is unable to move to the proposed new or additional facility due to financial or other circumstances.

Section 5: Financial Viability School operates in a fiscally responsible manner and has a plan to ensure financial solvency during expansion.

Before voting to request an expansion amendment, the charter holder governing board has considered a business plan, has determined by majority vote of the board that the growth proposed is financially prudent relative to the financial and operational strength of the charter school, and includes such a statement in the board resolution approving an expansion request.

Using the budget template provided here, provide a complete and realistic three‐year budget projection (current year + two additional years) that appropriately reflects the expenses and revenue related to the school, considering the requested expansion.
Provide a budget narrative that thoroughly justifies the revenue and cost assumptions made in the budget projection. The narrative should provide detail on specific changes to the budget that will occur as a result of the requested expansion including the cost of acquiring additional facilities, (if applicable), furniture, staff, and equipment to accommodate the anticipated increase in student enrollment. a. Detail how the budget will align with required resources to support special populations. The narrative should address curricula, instructional materials, and staff training needed to serve special populations. b. If the school intends to apply for and use federal CSP funds to support curriculum, materials, equipment, travel, staff training, and/or any purchases that require meeting the federal cost principles of reasonable, necessary, allowable, and allocable, please include in the budget narrative.

11 3. Discuss the school’s ability to secure and manage the funding necessary for expansion. This should include: a. Procedures to regularly review budget to actual activity and expenditures against the school’s mission and vision over time; and b. A contingency plan to mitigate the impacts of decreased funding or increased expenditures.

Section 6: Educational Program School provides an educational plan that details how the school will meet the needs of all students through the expansion and will demonstrate high levels of success while maintaining its mission and Essential Terms.

Describe how the charter school will ensure that key elements of its program will be kept intact and/or strengthened for all students as it expands. The narrative should include: a. A detailed examination of the school’s mission and vision, pedagogy, and other practices to date, and a compelling rationale for why the school believes these practices have yielded strong student outcomes. b. A detailed description of how the school will continue to implement and build upon these practices with all new and existing students.
Describe substantial changes that will take place as a result of the requested expansion. If decisions have not yet been made in certain areas listed below, please explain how and when decisions will be made.

Curriculum and Coursework a. If applicable, in a table organized by each new grade level, outline the course of study/ course offerings at the school. Include core academic subjects as well as special, elective, alternative, and other coursework. b. Provide a narrative that further explains the course of study and curriculum at the school. Include sufficient detail in areas of study that are specific to the mission of the school (for example, engineering, arts, etc.). c. Describe how any changes to the charter school’s learning environment and pedagogy will ensure that your academic program is accessible and appropriate for all students at all levels. Changes may include, but are not limited to, classroom environment/structure and instructional methods/techniques. Special Populations d. Describe how the school will accommodate different learning styles and meet the needs of all students for the new proposed grade levels. e. Detail plans to provide adequate numbers of qualified, in-field staff to meet the needs of exceptional students in alignment with state and federal requirements. If applicable, include information about the proposed contract model to employ staff, any secured agreements, or MOUs. Assessment System f. Describe any changes to the school’s comprehensive benchmark assessment system for the new proposed grade levels. The description should include the type of benchmark assessments that will be used by the school for the new grade levels, organized by content area, and frequency of administration. Promotion and Graduation Policy g. Describe any changes or additions to the school’s promotion and graduation policy for the new proposed grade levels. For schools expanding into high school for the first time, include school-specific graduation requirements and a draft graduation policy. The school must

12 ensure all state graduation options are available to students beginning in the 9 th grade and aligned to the MDE’s graduation requirements.

APPENDIX A

Journal of School Choice Charter School Models

Art: A curricular focus on the fine arts, music, performing, or visual arts. These schools infuse art into their core curriculum or treat art as a comprehensive subject much like English or math. An “Arts” school has a school-wide focus on the arts (fine arts, drama, dance, music, etc.). The school shouldn’t just offer above average extra-curriculum options. The arts should be a central focus of the school. Some schools may be “STEAM” schools (+Arts). Code these as both “STEM” & “Arts” only if there is strong evidence of a both a STEM and arts focus.

Career Technical Education (CTE) A Career and Technical Education (CTE) school has a clear focus on preparing students to enter the workforce across a wide range of industries and occupations such as architecture and construction, health sciences, manufacturing, hospitality and tourism, technology, communications, and more. Students often earn industry certifications as part of their high school learning, and programs may include classes as well as apprenticeships, work study programs, etc. Often, these schools still have a focus on college attendance, e.g. part of the day students are in an internship and the rest of the day they attend class in a traditional college- prep model.

Civics: A curricular focus on law, economic justice, social justice, public policy, community engagement, or citizenship.

Classical: A curricular focus on traditional or classic texts, antiquity, Western heritage, Greek philosophy, or Latin. Many Classical schools also employ the Socratic method in the classroom and typically focus on the “trivium” or classical liberal arts (grammar, rhetoric, and logic). Older students may also learn the “quadrivium,” which is composed of arithmetic, music, geometry, and astronomy. Many classical schools also have a strong virtues-based curriculum based on Aristotle’s Nicomachean Ethics (Durkin, Citation2014). A “classical” school is a school rooted in the teachings of Plato, Socrates and other famous thinkers of western civilization. A classical school’s curriculum is rooted in the liberal arts (logic, rhetoric, etc.), and the curriculum often includes the study of Latin or Greek. You’ll often see the word classical in the school’s name.

Credit Recovery A “credit recovery” or “alternative” school is a school that serves non-traditional students who are not well served in traditional school settings. Often, these student populations are “over-aged and under-credited” and need to regain credits to graduate on time or at all.

13 Cultural: A curricular focus on a particular cultural tradition. This is often, but not always, paired with language immersion. Cultural schools often serve indigenous populations, immigrant communities, or other diaspora. Culture-centric schools are designed to center the culture, history, heritage and experience of a particular cultural group. While open to students of all backgrounds they typically serve high percentages from the target cultural group, and staff typically reflect that group as well. Such schools may or may not have a language component to their programs. Examples include Afrocentric, Latino-centered, and Indigenous-centered schools.

Diverse by Design A school that is “diverse by design” purposely promotes equality by ensuring that the school is racially, culturally, and socioeconomically diverse. There must be a sense of intentionality. These schools are making a conscious effort to improve diversity through recruitment, school design, etc.

Gifted Ed A “gifted” school is one designed for academically gifted and talented students. The school may have an accelerated curriculum.

Special Ed A special education school is designed for students with special needs and could be focused specifically on students with a particular disability such as autism spectrum disorder, deaf and hard of hearing, etc.

International Baccalaureate (IB): A curricular focus found around the world. Schools using this curriculum received certification or are in the process of certification to become an official IB schools (Organization, I.B., n.d.). They have six main subjects: language and literature, language acquisition, individuals and societies, sciences, mathematics, and the arts.

Language Immersion: A curricular focus on learning a second language. This is different from a school that offers a second language, in that there is a particular emphasis on the acquisition of the second language. Often referred to as “dual-language immersion,” this model typically teaches students in more than one language and may create a two-way immersion program whereby some students learn English while others learn the second language (Li, Steele, Slater, Bacon, & Miller, Citation2016). These schools have as a central component a focus on developing multi-lingual learners. While immersion programs typically focus on native English speakers learning a new language (e.g., Chinese or Spanish), dual language or bilingual programs can focus on native speakers of a second language (e.g., Chinese or Spanish), native English speakers, and students who enter the school bilingual or multi-lingual. Content are instruction in these schools is typically in both languages (i.e., English and the second language).

Military: A curricular focus on military training, strategic warfare, advanced physical fitness through military drills, military history etc. In a “military” school, all or most students are involved in military training for part of the school day (beyond ROTC extra-curricular). Students often wear uniforms, but uniforms alone are not sufficient.

No Excuses A “no excuses” school has high expectations for all students and the goal of 100% college attendance. There is usually an extended day and/or year with increased focus on ELA and math instruction. These schools often

14 have a strict behavioral code with uniforms and highly structured rules and procedures (be advised that many schools have uniforms/extended school days, so you may have to look further to identify a no excuses school). There can also be a focus on a strong school culture, with reference to core values (“grit” “persistent”), parent/student/teacher contracts, and respect.

STEM: A curricular focus on the science, technology, engineering, and mathematic disciplines. A “STEM” school has a school-wide focus on Science, Technology, Engineering, and Mathematics. The school shouldn’t just offer above average extra-curriculum options. STEM should be a central focus of the school. Some schools may be “STEAM” schools (+Arts). Code these as both “STEM” & “Arts” only if there is strong evidence of a both a STEM and arts focus.

Single Sex A “single sex” school is organized by sex, either across the school or in part of the school. This might apply to one group in a school, e.g., the middle school in single sex, but the high school is co-ed. This separation by sex can be voluntary.

Social Justice These schools have a central focus on social justice, public policy, citizenship, civics, or law.

Alternative Pedagogy

Blended Learning: A pedagogical focus on technology enhanced learning. Blended learning is the integration of technology such as computers and tablets within a traditional brick-and mortar setting. Unlike hybrid for virtual schools, students attend a brick-and-mortar setting full-time.

Expeditionary Learning (EL): A pedagogical focus on learning through experiences. Expeditionary Learning shares similarities with Project-Based Learning but is unique in that students at EL schools learn through expeditions often called “voyages.” These expeditions often incorporate projects related to nature or to their surroundings. These expeditions and projects may be aligned with personal development goals or aim to teach students about the environment or community they live in.

Dual College Enrollment: A pedagogical focus where students take college courses while still in high school. These schools often partner with local colleges or universities and allow students to receive college credit or even associates degrees before they graduate.

High Expectations: A pedagogical focus on high academic rigor and behavioral expectations. Many schools formerly referred to as “No-Excuses” no longer use the term and instead embrace “high-expectations” for both academics and behavior. It is the combination of these two attributes that constitutes this focus.

Inquiry-Based Learning: A pedagogical focus that lets students explore material they find personally or socially interesting. While, many schools differ on the precise methods and degree of freedom, the distinction lies with an emphasis on allowing students to posit and discover answers to questions or inquires they may have. This is typically done with the help of teachers who serve as mediators or facilitators in the learning process (Levy, Thomas, Drago, & Rex, Citation2013).

15 Personalized Learning: A pedagogical focus that allows students to advance at their own pace rather than the pace of their class. The concept is one of individualized learning whereby students make progress based on their mastery of the subject.

Project-Based Learning: A pedagogical focus on teaching through projects. Students either independently, or in groups, work on creating and executing activities and projects that facilitate their learning (Craig & Marshall, Citation2019).

Montessori: A pedagogical focus that follow the methods of Maria Montessori. The Montessori method of teaching is well established in the literature and has notable features such as uninterrupted blocks of work time, classroom environments that foster exploration and discovery, self-directed learning, and mastery-based age groupings (Hiles, Citation2018).

Waldorf: A pedagogical focus that emphasizes stories and artistic expression over traditional direct instruction. Waldorf schools often have teachers follow student cohorts year to year and have less of an emphasis on testing, or more traditional forms of instruction. The focus is on creative expression, drawing, and stories (Hallam, Egan, & Kirkham, Citation2016). A school using one of these models as core and central to the school program, including teachers who are formally trained or certified to teach in these models. Additionally, the school facility, curriculum materials, school day, etc. are all consistent with one of these models, or a blending of these or other very similar approaches. These include multi-aged learning environments, student- driven learning, independent and group learning, projects, outdoor learning, etc.

Resources

Arizona State Public Charter School Authority Amendment Policy Charter Schools Nonregulatory Guidance Central Michigan University Contract Amendment Checklist Colorado Charter School Institute D.C. Public Charter School Board International Research and Reform Journal of School Choice Minnesota Statute National Association of Charter School Authorizers (NACSA) Qualifying as a High Performing Charter New Jersey State Department of Education Charter Amendment Guidelines North Carolina Department of Public Instruction Office of Charter Schools Amendment Process Shelby County Schools Office of Charter Schools Petition for Amendment Application Process Tennessee Quality Standards Toolkit Texas Statute, Amendment Process, Charter Expansion Amendment Request, Non-Expansion Amendment Request The Mayor’s Office Indianapolis

16 Utah

Part 414 Organizational Performance

Chapter 2 School Governing Board Meeting Observation

10 Miss. Admin. Code Pt. 414, R. 2.1 Introduction

The Organizational Performance section of the MCSAB Performance Framework, Indicator 6 (a): School Board Governance Requirements evaluates whether a school is complying with school board governance obligations. In order to fulfill their obligation under the Mississippi Charter Schools Act of 2013 and under this indicator, MCSAB feels there must be guidance on what these requirements are and how the schools will be evaluated.

History

Source: Miss. Code Ann. § 37-28-9 and 10 Miss. Admin Code Part 410.

10 Miss. Admin. Code Pt. 414, R. 2.2 Board Meeting Observation

MCSAB staff will evaluate meetings held by each charter school’s governing board as often as is necessary to ensure compliance.

History

Source: Miss. Code Ann. § 37-28-9 and 10 Miss. Admin Code Part 410.

10 Miss. Admin. Code Pt. 414, R. 2.3 Board Meeting Observation Checklist

This checklist will be used as a tool for MCSAB staff to evaluate school governing board meetings.

Board Meeting Observation Checklist Mississippi Charter School Authorizer Board

School: __________________________ Reviewer: ________________________ Date of Meeting: ____________________

Item Y N N/A Notes Open Meetings Act Is the meeting open to the public?

Was the meeting noticed appropriately?

Are minutes being kept? Are votes clearly audible or visible to the public?

Executive Session Were Executive Session motions executed properly?

Was reason for Executive Session stated to the public?

Was action taken during Executive Session reported to the public?

Did it appear that any public business occurred in Executive Session?

Board Meeting Protocol Was a quorum established and stated aloud?

Did the board chair call the meeting to order and adjourn the meeting?

Did the board vote to approve the agenda or use a motion to amend agenda?

Did the board vote to approve the minutes of the last meeting?

Was the meeting limited to the items on the agenda?

Were the items on the agenda completed in the order listed?

Were motions made, seconded, and voted upon for all action items?

Conflict of Interest Did it appear that there were any potential conflicts of interest?

Did conflicted board member(s) properly recuse themselves from discussion and abstain from voting?

Additional Notes:

Part 420 Call for Quality Schools Guidance and Application Process for New Operators

10 Miss. Admin. Code Pt. 420, R. 2024 Call for Quality Schools Application for New Operators

CQS Guidance and Application Process for New Operators 19

Staffing Plans, Hiring, Management, and Evaluation continued

Describe the strategy, plans, and timeline for recruiting and hiring teaching staff, including the school’s plan for hiring highly qualified staff in accordance with the ESSA. Explain required qualifications for instructional staff, key selection criteria, and any special considerations relevant to your school design.
Outline the school’s procedures for hiring and dismissing school personnel, including conducting criminal background checks.
Explain how teachers will be supported, developed, and evaluated; outline the tools and key inputs. If using the Mississippi Educator and Administrator Professional Growth System, please indicate, but do NOT include samples of the assessment tools. Details regarding the Professional Growth System may be found here. If using a system already developed,provide, in Attachment 16, the teacher evaluation tool(s).
Explain how the school leader will be supported, developed, and evaluated each school year. Will the school use the Mississippi Educator and Administrator Professional Growth System If you intend to supplement or use an alternative to the Professional Growth System, outline the tools and key inputs. Provide, in Attachment 17, any supplemental leadership evaluation tool(s) that you have developed already. If you intend to use only the Mississippi Educator and Administrator Professional Growth System, do NOT include the mandated assessment tools. Details regarding the Professional Growth System may be found here.
Explain how the school intends to handle unsatisfactory leadership or teacher performance, as well as leadership/teacher changes and turnover. Note the reporting requirements by MCSAB for all schools to adhere to the Mississippi Educator Code of Ethics. Details may be found here.

Professional Development

Identify the person(s) or position(s) responsible for overseeing professional development (PD).
Discuss the core components of the school’s PD plan and how they will support effective implementation of the educational program. Discuss the extent to which professional development will be individualized or uniform. Who will be responsive for administering PD programs (e.g. a staff member, consultant, etc.)?
Provide a schedule and explanation of professional development that will take place prior to school opening. Explain what will be covered during this induction period and how teachers will be prepared to deliver any unique or particularly challenging aspects of the curriculum and instructional methods.
Describe the expected number of days/hours for professional development throughout the school year, and explain how the school’s calendar, daily schedule, and staffing structure accommodate this plan. Include time scheduled for common planning or collaboration and discuss how such time will typically be used

10 Miss. Admin. Code Pt. 420, R. 2023 Rule 2023

Call for Quality Schools Application for New Operators CQS Guidance and Application Process for New Operators 20

Performance Management

Explain the plan for using internal and external assessments to measure and report progress against the Mississippi Charter School Performance Framework. Specifically, how will this plan address the following key areas on which charter schools will be evaluated:

a. student academic proficiency and growth; b. achievement gaps in both proficiency and growth between major student subgroups; c. attendance; d. recurrent enrollment from year to year; e. in-school and out-of-school suspension rates and expulsion rates; f. graduation and dropout rates for appropriate multiple-year cohorts; g. (for high schools only) student postsecondary readiness, including the percentage of graduates submitting applications to postsecondary institutions, high school completion, postsecondary admission and postsecondary enrollment or employment. h. financial performance and sustainability; and i. governing board performance and stewardship, including compliance with all applicable laws, regulations and terms of the charter contract.

Explain how the school will measure and evaluate academic progress – of individual students, student cohorts, and the school as a whole –throughout the school year, at the end of each academic year, and for the term of the charter contract. Explain how the school will collect and analyze student academic achievement data, use the data to refine and improve instruction, and report the data to the school community. Identify the person(s), position(s), and/or entities that will be responsible and involved in the collection and analysis of assessment data. 3. Who will be responsible for managing the data, interpreting it for classroom teachers, and leading or coordinating professional development to improve student achievement? 4. Explain the training and support that school leadership and teachers will receive in analyzing, interpreting, and using performance data to improve student learning. 5. Describe the corrective actions the school will take if it falls short of student academic achievement expectations or goals at the school-wide, classroom, or individual student level. Explain what would trigger such corrective actions and who would be responsible for implementing them. Facilities 1. Describe the basic facilities requirements for accommodating your school plan, including number of classrooms, square footage per classroom, common areas, overall square footage, and amenities. 2. Identify any other significant facilities needs not already specified, including: playground, large common space for assemblies and other large group meetings, athletic facilities, and other special considerations (identify and explain). 3. Describe the process for identifying and securing a facility, including any brokers or consultants you are employing to navigate the real estate market, plans for renovations, timelines, financing, etc. Include in this discussion the plan for ensuring that identified facilities will comply with applicable state and local health and safety requirements and applicable planning review procedures. 4. If you currently hold a facility or have an MOU or other proof of intent to secure a specific facility, please provide proof of the commitment as Attachment 18. Briefly describe the facility including location, size, and amenities. You may provide, also in Attachment 18, up to 10 pages of supporting documents providing details about the facility.

10 Miss. Admin. Code Pt. 420, R. 2024 Rule 2024

Call for Quality Schools Application for New Operators CQS Guidance and Application Process for New Operators 21

Start-Up & Ongoing Operations 1. Provide, as Attachment 19, a detailed start-up plan for the school, specifying tasks, timelines, and responsible individuals.

Describe the transportation plan that details how reliable and safe transportation will be provided for all students. In addition to daily transportation needs, describe how the school plans to meet transportation needs for field trips and athletic events, if applicable.
Provide the school plan for safety and security for students, the facility, and property. Explain the types of security personnel, technology, equipment, and policies that the school will employ.
List the types of insurance coverage the school will secure, including a description of the levels of coverage and estimated costs. Explain the basis for these assumptions.

Operations Capacity 1. Describe the applicant team’s individual and collective qualifications for implementing the Operations Plan successfully, including capacity in areas such as the following: staffing; professional development; performance management; general operations; and facilities management.

Describe the organization’s capacity and experience in facilities acquisition and management, including managing build-out and/or renovations, as applicable.

Section 3: Financial Plan & Capacity Financial Plan 1. Describe the systems, policies and processes the school will use for financial planning, accounting, purchasing, and payroll, including a description of how it will establish and maintain strong internal controls and ensure compliance with all financial reporting requirements.

Describe the roles and responsibilities of the school’s administration and governing board for school finance and distinguish between each.
Describe the school’s plans and procedures for conducting an annual audit of the financial and administrative operations of the school.
Describe how the school will ensure financial transparency to the authorizer and the public, including its plans for public adoption of its budget and public dissemination of its annual audit and an annual financial report.
Describe any services to be contracted, such as transportation, business services, payroll, and auditing services, including the anticipated costs and criteria for selecting such services.
Describe the school’s plans for liability insurance to indemnify the school, its board, staff and teachers against tort claims.

10 Miss. Admin. Code Pt. 420, R. 2024 Rule 2024

Call for Quality Schools Application for New Operators CQS Guidance and Application Process for New Operators 22

Financial Plan continued

Submit the completed Financial Plan Workbook as Attachment 20. In developing your budget, use the information provided to calculate your per-pupil revenue projection. Prepare your submission using the template provided by MCSAB. Complete ALL sheets in the workbook. NOTE: Applicants for multiple schools should complete all sheets in the workbook for all schools opening in year one.
Budget Narrative: As Attachment 21, present a detailed description of assumptions, calculations, and revenue estimates. The narrative should include, at minimum, the basis for revenue projections, staffing levels, and costs. Provide specific evidence supporting assumptions and/or describe the source of estimated amounts wherever possible. a. Describe all anticipated funding sources. Clearly address the degree to which the school budget will rely on variable income (e.g., grants, donations, fundraising). Indicate the amount and sources of funds, property, or other resources expected to be available through banks, lending institutions, corporations, foundations, grants, etc. Note which are secured and which are anticipated, and include in Attachment 21 evidence of commitment for any funds on which the school’s core operation depends. b. Discuss the school’s contingency approach and plan to meet financial needs if anticipated revenues are not received or are lower than estimated. c. Explain in detail the year one cash flow contingency plan, in the event that revenue projections are not met (or not met on time). Financial Management Capacity 1. Describe the applicant team’s individual and collective qualifications for implementing the Financial Plan successfully, including capacity in areas such as the following: Financial management; Fundraising and development; and Accounting and internal controls.

CQS Guidance and Application Process for New Operators 23

List of Addenda

The following addenda should be completed as applicable by new and existing operators. Note that some addenda require additional attachments.

For applicants requesting WAIVERS from Mississippi Code Annotated § 37-28-47 2. For CONVERSION SCHOOL proposals 3. For proposals from operators using EDUCATION SERVICE PROVIDERS • Attachment ESP-1: ESP audited financial statements and annual report • Attachment ESP-2: ESP contract

CQS Guidance and Application Process for New Operators 24

Addendum 1. Request for Waivers from Mississippi Code Annotated § 37-28-47

• Identify all positions for which you are requesting a waiver. Provide a summary of the job descriptions and required qualifications foreach. • Explain the rationale for this waiver request. Include in your explanation a summary of your efforts to date to recruit lawful permanent residents of the United States for the relevant position(s). • Describe how this waiver will positively impact student achievement.

Addendum 2. For Conversion School Proposals

Community Need and Support Explain the rationale for converting the existing public school to charter status.

Describe the efforts to date to garner parent and community support and involve individuals and organizations in the conversion. Include a discussion of the process by which the applicant team gathered the evidence of eligibility for conversion (previously presented with the LOI), namely: a. a petition signed by a majority of teachers in the existing non-charter public school; or b. a petition signed by a majority of parents of students in the existing non-charter public school; or c. evidence of a majority vote of the local school board; or (in the case of schools in districts under state conservatorship) evidence of a majority vote of the State Board of Education. Provide specific plans for ongoing family and community engagement, including timing and responsible individuals. Enrollment and Recruitment Supplement 1. Explain the plan to cultivate student and parent investment in the conversion, especially how the school plans to limit attrition from the existing student body. Describe how this plan will successfully transition students who currently attend or are zoned to attend the school being converted. 2. If applicable, summarize the school’s policy regarding enrollment preferences for students who reside within the former attendance area of the proposed charter school. a. The policies provided above as Attachment 6 must specifically address differences between policy and procedure for students outside of the former attendance zone vs. students currently attending or zoned to attend the existing school.

CQS Guidance and Application Process for New Operators 25

Turnaround Planning 1. Describe your organization’s prior experience in taking over or turning around an underperforming school. 2. Discuss specific ways that you will engage and transform the existing school culture during the pre- launch period and the first year of operation. 3. Present a phase-in plan that details how the proposed school would take responsibility for all grades and all existing programs of the school, including (but not limited to) programs for students with severe disabilities, ELL programs, and any early childhood education programs. 4. Describe the plan to work with the existing school during the conversion/transition process.

CQS Guidance and Application Process for New Operators 26

Addendum 3. Education Service Providers

ESP Selection 1. Explain why the applicant is seeking to contract with an ESP rather than operate the school(s) directly. 2. Explain how and why the ESP was selected, including when and how the applicant learned of the ESP, which other ESPs were considered, why the ESP was selected over other ESPs, and what due diligence was conducted. ESP Track Record 1. Explain the ESP’s success in serving student populations similar to the target population of the school. Describe the ESP’s demonstrated academic track record as well as successful management of non- academic school functions (e.g., back-office services, school operations, extracurricular programs). Provide summary information from reference checks conducted by the applicant (regarding the third-party ESP), identifying each reference. 2. List all schools operated by the ESP. Identify those schools that serve the same grade levels and student populations demographically similar to the anticipated population of the proposed school. Include name, year opened, contact information, location, number of students, and contact information for the authorizer foreach currently operating school. 3. Provide evidence of the financial health of the ESP. Attach as Attachment ESP-1 the most recent independent financial audit report of the ESP and its most recent annual report. 4. List and explain any management contract terminations as well as any charter revocations, non-renewals or withdrawals/non-openings that the proposed ESP has experienced in the past five (5) years. Legal Relationship with ESP 1. Provide evidence that the board is independent from the ESP and self-governing, including evidence of independent legal representation and arm’s-length negotiating. 2. Describe any existing or potential conflicts of interest between the school’s governing board, proposed school employees, proposed ESP, and any affiliated business entities. 3. List all subsidiaries or related entities that are affiliated or owned in whole or in part by the ESP and identify the nature of those entities’ business activities. 4. Explain whether the school has or will have any relationship with or receive any services from any of the entities listed in the previous question.

CQS Guidance and Application Process for New Operators 27

Explain the supervisory responsibilities of the ESP (if any), including which school employees the ESP will supervise, how the ESP will supervise these employees, and how the charter school board will oversee the ESP’s supervisory responsibilities. 6. If the school’s governing board intends to execute promissory notes or other negotiable instruments, or enter into a lease, lease-purchase agreement or any other facility or financing relationships with the ESP, provide evidence that such agreements are separately documented and not part of or incorporated in the school management contract. Any facility or financing agreements must be consistent with the school governing board’s authority and practical ability to terminate the management agreement and continue operation of the school. 7. Describe and provide documentation of any loans, grants, or investments made between the ESP and the school, including an explanation of how any such loans, grants, or investments may be initiated, repaid, and refused by the school. ESP Management Plan 1. Provide a detailed description of the roles and responsibilities of the ESP. 2. Describe the scope of services and costs of all resources to be provided by the ESP. 3. Describe the oversight and evaluation methods that the Board will use to oversee the ESP. What are the school-wide and student achievement results that the management organization is responsible for achieving? How often, and in what ways, will the board review and evaluate the ESP’s progress toward achieving agreed- upon goals? Will there be an external evaluator to assess the ESP’s performance? What are the conditions, standards, and procedures for board intervention, if the management organization’s performance is deemed unsatisfactory? 4. Describe the compensation structure and payment schedule, including clear identification of all fees, bonuses, and any other compensation to be paid to the ESP. 5. Describe the respective financial responsibilities of the school governing board and the ESP. Who will own property purchased with public funds? Which operating and capital expenditures will each party be responsible for? What types of spending decisions can the management organization make without obtaining board approval? What reports must the ESP submit to the board on financial performance, and on what schedule? How will the school governing board provide financial oversight? 6. What is the term (duration) of the management agreement? Explain the conditions and procedures (including time frames, notice, and decision-making procedures) for renewal and termination of the contract. How often will the management agreement be renewed? Describe the conditions that both the ESP and the school must satisfy for the management agreement to be renewed. On what grounds may the ESP or the school terminate the management agreement for cause, and without cause? List any indemnification provisions in the event of default or breach by either party. 7. Describe the plan for the operation of the school in the event of termination of the management agreement. 8. Provide as Attachment ESP-2 a draft of the proposed management agreement with the ESP.

CQS Guidance and Application Process for New Operators 28

List of Exhibits A. Sample School-Wide Curriculum Description Table B. Sample Scope and Sequence Document C. Sample Curriculum Map D. RFP Description of Stage 2 Evaluation Criteria E. RFP Description of Stage 3 Evaluation Criteria

CQS Guidance and Application Process for New Operators 29

Exhibit A: Sample School-Wide Curriculum Description Table

Content Area Publisher/Product Rationale for Selection Grade Level: ELA

Math

Connected Mathematics Connected Mathematics is a constructivist, problem-centered middle school math curriculum that asks students to spend significant portions of time solving problems in contexts that require thinking, planning, reasoning, computing, and evaluating. Problem-centered math helps students make sense of and retrieve math concepts more readily. Connected Math focuses on depth of understanding, as well as on developing the necessary habits of mind that are conducive to the long-term study of mathematics. An independent study conducted by Claremont Graduate University’s Institute of Organizational and Program Evaluation Research, reported that Connected Mathematics students demonstrated significantly greater gains in problem-solving, math communication, and math reasoning strategies than their peers using other math programs as evidenced by performance on the Balanced Assessment of Mathematics (BAM.)

ST Math Created by the MIND Research Institute, ST Math provides game- based, visual math instruction. This interactive program adapts to students’ mastery as they progress through various skills and concepts targeted to their needs. ST Math focuses on improving conceptual learning and problem solving by visually representing concepts students learn during traditional instruction. Schools that use ST Math achieve at least double the growth in math proficiency than comparable schools. Science

Social Studies

Other (specify)

Grade Level: ELA

Math

Science

Social Studies

Other (specify)

CQS Guidance and Application Process for New Operators 30

Exhibit B: Sample Scope and Sequence Summary

Core Academic Program Scope and Sequence

ELA MATH SCIENCE SOCIAL STUDIES SPANISH

English Language Arts I: Classics across genres Higher level of analysis of the novel, drama (Shakespeare), poetry, memoir, literary elements, speeches, short stories, non- fiction, crafting an argument Geometry Graphing and the relations between equations and graphs, including points, lines, polynomials, circles, and other curves, graphing inequalities, slope, properties and relations of plane figures, circles, triangles and other polygons, transformations and proofs --OR-- Algebra I Biology I Matter, chemical building block of life, cell structure and life processes, genetics, DNA, classification of life, evolution, human body systems, biodiversity Contemporary US History and Civics WWII and the Holocaust, the Cold War, the 1950s, cultural revolutions, Civil Rights, social policy, the 80s, 9/11 and post 9/11 US, Civics Spanish I

Non- Core Academic Program Scope and Sequence

PHYSICAL EDUCATION ACADEMIC ELECTIVES FINE ARTS ELECTIVES

Health and Fitness I Cardio, muscular development, team sports, yoga, dance, separate and co-gender sex-ed Creative Writing Visual Art, Choir or Band, Theatre Architecture

CQS Guidance and Application Process for New Operators 31

Exhibit C: Sample Curriculum Map

th Grade English Language Arts Curriculum Map Unit 1: Literary Elements and the Short Story (6 weeks – Aug- Sept.) Standards Objectives Key Concepts/Vocabulary Suggested Resources RL.9-10.1: Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text. RL.9-10.5: Analyze how an author’s choices concerning how to structure a text, order events within it (e.g., parallel plots), and manipulate time (e.g., pacing, flashbacks) create such effects as mystery, tension, or surprise.W.9-10.2: Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content. SL.9-10.1: Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 9– 10 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively. L.9-10.1: Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking. L.9-10.5: Demonstrate understanding of figurative language, word relationships, and nuances in word meanings. • Identify and explain plot structure (i.e., exposition, rising action, crisis/climax, falling action, resolution/denouement) in short stories. • Understand and explain why plots in short stories usually focus on a single event. • Analyze how authors create the settingin a short story. • Define the concept of theme and identify the theme(s) in stories read. • Identify and explain characterization techniques in short stories. • Identify and explain the use of figurative language in short stories. • Analyze how authors create tone in short stories. • Identify the point of view in a short story and analyze how point of view affects the reader’s interpretation of the story. • Write a coherent essay of literary analysis with a clear thesis statement, at least three pieces of evidence from texts, and a strong introduction and conclusion. • Define and refine research questions; cite sources accurately, distinguishing between paraphrasing and quoting. Reading: □ Character, characterization □ Figurative language □ Irony (e.g., dramatic, situational, verbal) □ Narrator (reliable and unreliable) □ Parable □ Plot (i.e., exposition, rising action, crisis/climax, falling action, resolution/ denouement) □ Point of view □ Sensory language □ Setting □ Style □ Symbol, symbolism □ Theme □ Tone Writing: □ Review parts of speech (Verbs: principal parts of verbs, especially irregular past and past participles; simple, perfect, and progressive tenses; agreement of subject and verb, especially with collective nouns Nouns: common, proper, concrete, abstract, countable, collective, compound, possessive, gerunds) □Review capitalization of common and proper nouns “The Tell Tale Heart” by Edgar Allan Poe

“The Gift of the Magi” by O Henry

“New African” from Sarah Phillips by Andrea Lee

“Between the Pool and the Gardenias” from Krik Krak by Edwidge Danticat Assessments/Activities Literary Analysis Essay – Select a short story and write an essay that analyzes how a particular literary element plays a part in the essence and workings of one of the chosen stories.

CQS Guidance and Application Process for New Operators 32

Exhibit D MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD CHARTER SCHOOL PROPOSAL STAGE TWO EVALUATION CRITERIA NEW AND EXISTING OPERATORS

The Stage 2 Evaluation Process The Stage 2 Evaluation Criteria are the essential tools used by evaluators to determine whether a proposal meets the minimum quality threshold required to merit a full evaluation. A response is Inadequate if it significantly fails to address the RFP requirements or criteria for approval, or wholly lacks merit. During Stage 2, evaluators only provide a rating to indicate that a proposal has not met the threshold and is thus deemed inadequate. At the conclusion of Stage 2, if a proposal has no inadequate ratings the proposal proceeds to a full review to assess the extent to which it meets the Stage 3 criteria for approval.

THRESHOLD 1: PUBLIC CHARTER SCHOOL OBLIGATIONS Documents considered include (but may not be limited to): ● Proposal Narrative ○ Executive Summary ○ Section 1. Educational Program Design & Capacity: Student Recruitment & Enrollment ○ (if applicable): Addendum 1. Request for Waivers from Mississippi Code Annotated § 37-28-47 ○ (if applicable): Addendum 2.For Conversion School Applications: Enrollment &Recruitment Supplement, Turnaround Planning ● Attachment: Enrollment Policy A response is inadequate if: It raises significant concerns about the applicant’s understanding of, preparation for, and/or commitment to non- sectarian operation. It is lacking in or raises significant concerns about the applicant’s understanding of, preparation to, and/or commitment to operating free of any prohibited application, admissions, or enrollment policies/practices. THRESHOLD 2: STUDENT POPULATIONS Documents considered include (but may not be limited to): ● Proposal Narrative ○ Executive Summary ○ Section 1. Educational Program Design &Capacity: Special Student Populations and At-Risk Students, Student Recruitment & Enrollment, Student Discipline ○ Section 2. Operations Plan & Capacity: Facilities ○ (if applicable): Addendum 2.For Conversion School Applications: Enrollment &Recruitment Supplement, Turnaround Planning ● Attachment: Enrollment Policy ● Attachment: Discipline Policy ● Attachment: Financial Plan Workbook

CQS Guidance and Application Process for New Operators 33

THRESHOLD 2: STUDENT POPULATIONS Continued A response is inadequate if: It is lacking in merit or raises significant concerns about the applicant’s understanding of, preparation and/or commitment to meeting the needs of all special populations, including students with disabilities, ELLs, students requiring remediation or gifted and talented students. The funds allocated to serving special populations are inadequate or are contradicted by the assumptions in other parts of the plan. Demographic projections fail to meet the statutory “80% rule” (i.e., the proposed school’s underserved student population is equivalent to at least 80% of the underserved student percentage of the school District in which the school will be located). THRESHOLD 3: STARTUP PLAN Documents considered include (but may not be limited to): ● Proposal Narrative ○ Executive Summary ○ Section 1. Educational Program Design &Capacity: Student Recruitment & Enrollment, Education Program Capacity ○ Section 2. Operations Plan & Capacity: Staffing Plans, Hiring, Management, & Evaluation; Professional Development, Facilities, Start-up & Ongoing Operations ○ (if applicable): Addendum 1. Request for Waivers from Mississippi Code Annotated § 37-28-47 ○ (if applicable): Addendum 2. For Conversion School Applications: Enrollment & Recruitment Supplement, Turnaround Planning ● Attachment: Enrollment Policy ● Attachment: Facility commitment and description ● Attachment: Start-up plan ● Attachment: Financial Plan Workbook A response is inadequate if: The start-up plan insufficiently identifies critical work streams required before school opening. The start-up plan fails to identify a specific and reasonable completion date for each milestone, and/or the time allocated to complete work streams within the start-up plan is inadequate. The start-up plan indicates that the applicants are unprepared to meet compliance requirements or to understand what will be required to open on time and be ready to serve students effectively. The plan for securing a viable facility in time for school opening is either non-existent or implausible.

CQS Guidance and Application Process for New Operators 34

THRESHOLD 4: PERSONNEL Documents considered include (but may not be limited to): ● Proposal Narrative ○ Executive Summary ○ Section 1. Educational Program Design & Capacity: Educational Program Capacity ○ Section 2. Operations Plan & Capacity: Organization Charts, Governing Board, Advisory Bodies, Staff Structure, Professional Development ● Attachment: School leader qualifications ● Attachment: Leadership team qualifications ● Attachment: Organizational charts ● Attachment: Board documents ● Attachment: Board member information ● Attachment: Staffing chart ● Attachment: Financial Plan Workbook ● Attachment: Budget Narrative A response is inadequate if: The applicants provided insufficient evidence that the proposed school leader has satisfactory experience in serving the proposed student population. The proposed staffing structure is not viable or is materially inconsistent with other parts of the plan. The proposed organization chart and board information raise significant concerns about the understanding of, preparation for, and/or commitment to principles of sound board governance, including avoiding conflicts of interest. THRESHOLD 5: FINANCIAL PLAN Documents considered include (but may not be limited to): ● Proposal Narrative ○ Executive Summary ○ Section 2. Operations Plan & Capacity: Staff Structure, Facilities, Start-up & Ongoing Operations ○ Section 3. Financial Plan &Capacity ● Attachment: Staffing chart ● Attachment: Start-up plan ● Attachment: Financial Plan Workbook ● Attachment: Budget narrative A response is inadequate if: The revenue assumptions are lacking in merit or raise significant concerns about the applicant’s understanding of, preparation to, or ability to account for state and federal per pupil funding streams. Budget worksheets as presented are mathematically inaccurate, and/or revenue and expense lines are accounted for incorrectly. Budget projections for any year(s) result in a cash-negative position. Private funds are included in financial projections (loans, grants, lines of credit, etc.), but are wholly unsubstantiated by evidence of commitment in Attachment: Budget Narrative.

CQS Guidance and Application Process for New Operators 35

Expenditure assumptions are not provided, lack merit or are unsustainably high or low on their face. Any assumption detail fails to provide a credible rationale for accepting the facially invalid assumptions. Employees and consultants/contractors working prior to school opening are not accounted for in the start-up budget, and/or the revenue allocated to cover those expenditures is wholly inadequate in relation to the work assumptions. THRESHOLD 6: PERFORMANCE HISTORY (For Existing Operators, including applicants proposing to partner with an ESP) Documents considered include (but may not be limited to): • Proposal Narrative: o Executive Summary o Section 2. Operations Plan & Capacity: Staff Structure, Facilities, Start-up & Ongoing Operations o Addendum 3. Education Service Providers • Attachment: Annual report and/or business plan • Attachment: Portfolio summary • Attachment: Litigation documents • Attachment: ESP audited financial statements and annual report • Attachment: ESP contract • Attachment: Organization audited financial statements • Attachment: Organization-level budget A response is inadequate if: Evidence demonstrating the operator’s track record of academic performance is not provided or fails to meet the statutory requirement to demonstrate gains in student achievement. Evidence of successful management of nonacademic school functions (e.g., back-office services, school operations, extracurricular programs) is not provided or is plainly inadequate. THRESHOLD 7: ESP RELATIONSHIP (For applicants proposing to contract with an ESP)

Documents considered include (but may not be limited to): ● Proposal narrative o Executive Summary o Addendum 3. Education Service Providers □ Attachment: Financial Plan Workbook □ Attachment: Budget Narrative □ Attachment: Annual report and/or business plan □ Attachment: Portfolio summary □ Attachment: Litigation documents □ Attachment: ESP audited financial statements and annual report □ Attachment: ESP contract □ Attachment: Organization audited financial statements □ Attachment: Organization-level budget

CQS Guidance and Application Process for New Operators 36

THRESHOLD 7: ESP RELATIONSHIP (For applicants proposing to contract with an ESP) A response is inadequate if: The contract is not in the form of a fee-for-service agreement, and/or any financial transactions, facility transactions, etc., are included in the contract. The term sheet and/or contract indicate contract duration longer than the first term of the charter. The term sheet and/or contract wholly fail to articulate roles of and differentiate responsibilities between the governing board, school staff, and the ESP (e.g., the board cedes independent oversight/authority over budget, performance). The term sheet and/or contract do not assign ownership rights (e.g., curricular materials, FFE, facility/land) or employment authority (for members of school-level staff).

CQS Guidance and Application Process for New Operators 37

Exhibit E MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD STAGE THREE EVALUATION CRITERIA NEW AND EXISTING OPERATORS The Stage 3 Evaluation Process Independent evaluators utilize the Stage 3 criteria in their individual and team assessments of each proposal. There are additional evaluation criteria for existing operator applicants. Based on evaluation criteria evaluators present a rating and a narrative analysis of each section of the proposal.

Within each section, specific criteria define the expectations for a response that “Meets the Standard.”

In addition to meeting the criteria that are specific to that section, each part of the proposal should align with the overall mission, budget, and other sections of the proposal. In general, the following definitions guide evaluator ratings:

Rating Characteristics

Meets the Standard

The response meets the criteria in many respects but lacks detail and/or requires additional information in one or more areas. Does Not Meet the Standard

The response meets the criteria in some respects but has substantial gaps in a number of areas. Falls Far Below the Standard

The response is wholly undeveloped or significantly incomplete; demonstrates lack of preparation; or otherwise raises substantial concerns about the viability of the plan or the applicant’s ability to carry it out.

A proposal that merits a recommendation for approval should present a clear, realistic picture of how the school expects to operate; be detailed in how this school will raise student achievement; and inspire confidence in the applicant’s capacity to successfully implement the proposed academic and operational plans.

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Evidence of Capacity Throughout the proposal, evaluators will assess the evidence that the applicant team has the capacity to execute the plan as presented.

In total, a high-quality proposal will demonstrate evidence that the team has the capacity needed in all key areas to open and operate a charter school that improves academic outcomes for students.

□ Individual and collective qualifications (documented, for example, by resumes and biographies for all members) to implement the Education Plan successfully, including capacities in areas such as school leadership, administration, and governance; curriculum, instruction, and assessment; performance management; and parent and community engagement.

□ Individual and collective qualifications for implementing the Organizational Plan successfully, including capacity in areas such as staffing, professional development, performance management, school start-up, general operations, and facilities management.

□ Individual and collective qualifications for implementing the Financial Plan successfully, including capacity in areas such as financial management, fundraising and development, accounting, and internal controls.

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Stage Three Evaluation Criteria: New Operator Proposal School Overview

Section 1: Educational Program Design & Capacity A strong Educational Program Design is coherent overall and aligned internally with the school’s mission and vision, Operations Plan, and Financial Plan.

A strong plan will have the following characteristics:

Curriculum and Instructional Design • Framework for a rigorous, quality instructional design that reflects the needs of the school’s target population and will ensure all students meet or exceed the expectations of the Mississippi Curriculum Frameworks □Comprehensive, quality curriculum overview that includes a sample course scope and sequence for one subject for one grade for each division (elementary, middle, high school) the school would serve, and demonstrated alignment of course outcomes with applicable standards. Sound curricular choices, by subject, including reasonable evidence the curriculum will be appropriate and effective for the targeted students. □Sound instructional strategies and explanation of why they are well suited for the targeted student population, including effective methods and systems for providing differentiated instruction to meet the needs of all students. □Evidence that the proposed educational program has a sound base in research, theory, and/or experience, and has been or is likely to be rigorous, engaging, and effective for the anticipated student population. Pupil Performance Standards □Clear, rigorous learning standards (provided for one grade for each division the school would serve) and exit standards aligned with applicable standards. □Thoughtful identification of and plan for development and adoption of any additional academic standards beyond state and authorizer that the school would adopt or develop, including explanation and evidence of how those standards would exceed the state standards. □Clear, rigorous promotion and exit policies and standards. High School Graduation Requirements □ Clear, persuasive explanation of how the school’s graduation requirements will ensure student readiness for college or other post-secondary opportunities (trade school, military service, or entering the workforce). School Calendar and Schedule □School calendar and daily and weekly schedules meet or exceed minimum state requirements regarding annual instructional time. □Schedules and calendar align with the educational program; demonstrate that they are conducive to improving student learning.

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Section 1: Educational Program Design & Capacity Continued School Culture □Vision for school culture or ethos that will promote high expectations, a positive academic environment and intellectual and social development for all students, including those with special needs, English Language Learners, and students at risk of academic failure. □Coherent plan for establishing and maintaining the intended culture for students, teachers, administrators, and parents from the first day of school and throughout the school year. □Articulate, compelling descriptions of the typical daily experiences of a student and a teacher in grades served in year one. Descriptions demonstrate a well-thought-out school design that reflects the vision and will support student intellectual and social development. Supplemental Programming (If applicable) □ Sound plan, design, schedule, and funding for summer school that will meet anticipated student needs. □ Well-designed plans and funding for extracurricular and co-curricular activities, programs, and services that will meet anticipated student needs and provide enrichment experiences. □ Thoughtful, well-supported description of programs or strategies to address student mental, emotional, and social development and health, and any other student-focused activities and programs that are integral to the school’s educational and student-development plans. Special Populations and At-Risk Students □ Demonstrated understanding of – and capacity to fulfill – state and federal obligations and requirements pertaining to students with disabilities, students identified as intellectually gifted, and English Learners (ELs) including appropriate discipline procedures for students with disabilities. □ Sound explanation of evidence from which the projection of anticipated special populations was derived. □ Comprehensive and compelling plan for appropriate identification of students who are performing below grade level or at risk of academic failure or dropping out and a detailed plan for providing services to such students. □ Comprehensive and compelling plan for appropriate identification of students with special needs and to ensure they are served in the least restrictive environment possible, have appropriate access to the general education curriculum and school-wide educational, extra-curricular, and culture-building activities in ways that support their development, receive required and appropriate support services as outlined in their Individual Education Plans and 504 plans, and participate in standardized testing. □ Comprehensive and compelling plan for providing services to ELs, including methods for appropriate identification of ELs, specific instructional programs, practices, and strategies the school will employ to ensure academic success and equitable access to the general education curriculum and core academic program for these students, plans for monitoring and evaluating student progress and success of ELs and for exiting them from services, and plan for including ELs in standardized testing and school-wide educational, extra-curricular, and culture-building activities. □ Plans describe evidence-based instructional programs and practices; effective design or adaptation of the educational program; qualified staffing; and support strategies and resources. Student Recruitment and Enrollment

□ Enrollment Policy complies with state law and ensures the school will be open to all eligible students. □ Sound and thoughtful student recruitment and marketing plan, timeline, and Enrollment Policy that will provide equal access to all interested students and families, including those in poverty, academically low-achieving students, students with disabilities, and other youth at risk of academic failure.

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Section 1: Educational Program Design & Capacity Continued Student Discipline □ Student discipline policy that provides for appropriate and effective strategies to support a safe, orderly school climate and fulfillment of educational goals, promoting a strong school culture while respecting student rights. Legally sound policies for student discipline, suspension and expulsion that do not indicate students will be removed in an inappropriate manner, as well as appeals, including proper processes for students with disabilities. □ Appropriate plan for disseminating the discipline policy to teachers, parents, and students. Parent and Community Involvement • Effective strategies for informing parents and the community about the school’s development. □ Sound pre- and post- opening parent engagement plan, including family-school partnerships, that is welcoming and accessible to all parents. □ Community resources and partnerships that will benefit students and parents and that include a) description of the nature, purposes, terms, and scope of services of any such partnerships; and b) evidence of commitment from identified community partners. Educational Program Capacity □ Evidence that the school leadership and management team have the collective qualifications (documented by resumes and bios for all members) to implement the school design successfully, including capacities in areas such as school leadership, administration, and governance; curriculum, instruction, and assessment; performance management; and parent and community engagement. □ Sound plans for sourcing and training potential leaders for future campuses and for developing pipeline of potential leaders for the network. (If applicable) Existing leadership pipeline is adequate to meet growth projections and includes strong candidates for future schools. □ Evidence that organizations, agencies, or consultants that are essential to successful implementation of the plan are committed to having an ongoing role with the school. □ (If School Leader candidate(s) is identified) Evidence of the leader’s experience in/ability to design, launch, and lead a school that effectively serves the target population, as well as evidence that the proposed leader is well qualified to implement the specific educational program being proposed. Any identified leadership training is appropriate for and aligned with the educational program. □ (If School Leader candidate(s) is not yet identified) Evidence of the Board and/or network’s preparation and plan to recruit and retain a leader with the ability to lead a school that effectively serves the target population. □ Appropriate responsibilities and qualifications of the school’s leadership/management team (beyond the school leader). □(If members of the leadership team are identified) Individuals who demonstrate the qualifications, capacities, and commitment to carry out the designated leadership roles to ensure the success of the proposed school. □(If leadership team is not yet identified) Sound timeline, criteria, and process for recruiting and hiring the leadership team. □Sound plan for leading the development of the school from post-approval to opening, including identification of a capable individual or team to lead the planning and start-up, as well as a viable plan for compensating this individual or team that is aligned with the budget.

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Section 2: Operations Plan & Capacity A strong Operations Plan is coherent overall and aligned internally with the school’s mission and vision, Educational Program, and Financial Plan. A strong plan will have the following characteristics: Organization Charts □ Clearly indicate all positions in all years, including any changes in reporting/authority over time. □ Delineates appropriate board and management roles and lines of authority. Legal Status and Governing Documents □ Proposed school’s legal status and structure are in compliance with state law. □ Governing bylaws, policies, and procedures are comprehensive and sound.

Governing Board □ Effective governance structure for network and school governance, whether each school will have an independent board or there will be one or more boards overseeing multiple schools. Well-planned board(s) size, powers, duties, and current and desired composition (including diverse expertise and effective representation) that will foster school(s)/network success. □ Clear division of duties if there will be multiple boards serving multiple schools. (If applicable) □ Clear, appropriate plans for the board(s) to evaluate the success of the school(s) and school leader(s). □ Proposed board members who demonstrate (as documented by resumes, bios, and Board Information sheets for all currently identified proposed members): (a) will, capacity and commitment to govern the school(s)/network effectively; and (b) shared vision, purposes, and expectations for the school(s)/network. □ Evidence that the proposed governing board members will contribute the wide range of knowledge, skills, and commitment needed to oversee a successful charter school including educational, financial, legal, and community experience and expertise. □ Other effective governance procedures, including planned frequency of meetings and standing committees, duties, and current and desired composition (including diverse expertise and effective representation) that will foster school(s)/network success □ Appropriate proposed Code of Ethics and Conflict of Interest policy/procedures that will minimize real or perceived conflicts. □ Clear, appropriate plans for the board(s) to evaluate the success of the school(s) and school leader(s). □ Proposed board members who demonstrate (as documented by resumes, bios, and Board Information sheets for all currently identified proposed members): (a) will, capacity and commitment to govern the school(s)/network effectively; and (b) shared vision, purposes and expectations for the school(s)/network. □ Evidence that the proposed governing board members will contribute the wide range of knowledge, skills, and commitment needed to oversee a successful charter school including educational, financial, legal, and community experience and expertise. □ Sound plan and timeline for board recruitment, expansion, orientation of new members, and ongoing training for members. Plan should include a thoughtful identification of desired experience and capacities. □ If there will be a network-level board, plan for clear identification and plan for addressing board development needs relative to growth. (If applicable) □ If applicant is an existing not-for-it organization other than a charter school governing board ~ Sound plan for transforming existing board to assume its new duties or forming a new board. □ Sound, timely plan for creating or transitioning to the school governing board. (If applicable)

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Section 2: Operations Plan & Capacity Continued A strong Operations Plan is coherent overall and aligned internally with the school’s mission and vision, Educational Program, and Financial Plan. A strong plan will have the following characteristics: Advisory Bodies □ Clear roles, duties, and composition of any advisory bodies/councils, and effective relationship to the school governing board and leadership.

Grievance Process □ Fair, accessible grievance process for parents and students.

Staff Structure □ Sensible staffing rollout plan for the school model(s) aligned with the educational program and conducive to school success. □ Effective structure and strategies for managing the administration-staff relationship.

Staffing Plans, Hiring, Management, and Evaluation □ Compensation packages, system, and strategy that are likely to attract and retain strong staff. □ Recruitment and hiring strategy, criteria, timeline, and procedures that are likely to result in a strong staff that meet ESEA requirements for being “Highly Qualified” and are well suited to the school. □ Plan for supporting, developing, and annually evaluating school leadership and teachers that is likely to produce and retain a successful staff. □ Sensible allocation of school vs. network responsibilities for staffing. □ Leadership and teacher evaluation tools that are likely to be effective. □ Effective planning for unsatisfactory leadership/teacher performance and turnover. Professional Development □ Sensible allocation of school vs. Network responsibilities for professional development, including demonstrated understanding of and preparation for professional development needs that are common to all schools in the network. □ Professional development standards, opportunities, leadership, and calendar/scheduling that effectively support the education program and are likely to maximize success in improving student achievement, including an induction program that will prepare teachers to deliver any unique or particularly challenging aspects of the educational program.

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Section 2: Operations Plan & Capacity Continued A strong Operations Plan is coherent overall and aligned internally with the school’s mission and vision, Educational Program, and Financial Plan. A strong plan will have the following characteristics: Performance Management □ (Optional; maybe network-level or school-level) Meaningful mission-specific educational and/or organizational goals and targets, which are measurable or demonstrable by externally credible measures or assessments. □ Quality interim assessments that are aligned with (each) school’s curriculum, performance goals, and state standards. □ Effective plan (including qualified personnel) and system for measuring and evaluating academic progress – of individual students, student cohorts, each school, and the network as a whole – throughout the school year, at the end of each academic year, and for the charter term. □ Comprehensive, effective plan (including qualified personnel) and system for collecting and analyzing student academic achievement data, using the data to refine and improve instruction – including providing training and support to school leadership and teachers – and reporting the data to the school community. This should include identification of the student data system to be used, as well as qualified personnel who will be responsible for managing and interpreting the data for teachers and leading or coordinating data-driven professional development. □ Thoughtful, appropriate corrective actions the school and network will take if either falls short of the MCSAB’s (or the operator’s) goals at any level, including explanation of what would trigger such actions and who would implement them. □ Sound plan for monitoring performance of the portfolio as a whole and thoughtfully considering portfolio performance in decisions regarding continued growth and replication. Facilities □ Sound plan and timeline for identifying, financing, renovating, and ensuring code compliance for a facility that will meet the requirements of the educational program and anticipated student population.

Start-Up & Ongoing Operations □ Detailed start-up plan specifying tasks, timelines, and responsible individuals, which is aligned with sound Start-Up Budget. □ Sound plan for student transportation, including both daily and special-event transportation. □ Sound plans for school and student safety and security, including security personnel, technology, equipment, and policies. □ Plan to secure comprehensive and adequate insurance coverage, including workers’ compensation, liability, property, indemnity, directors and officers, automobile, and other.

Operations Capacity □ Individual and collective qualifications for implementing the Operations Plan successfully, including capacity in areas such as staffing, professional development, performance management, school start-up, general operations, and facilities management. □ (If proposing an independent facility) Demonstrated experience in facilities acquisition and management, including managing build-out and/or renovations.

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Section 3: Financial Plan & Capacity A strong Financial Plan is coherent overall and aligned internally with the school’s mission and vision, Educational Program, and Organization Plan. A strong plan will have the following characteristics: Financial Plan □ Draft financial procedures policy or other reasonable assurance that the operator will have sound systems, policies and processes for financial planning, accounting, purchasing, and payroll, including a description of how it will establish and maintain strong internal controls, ensure compliance with all financial reporting requirements, and conduct independent annual financial and administrative audits. □ Evidence that the school’s leadership has a strong understanding of the appropriate delineation of roles and responsibilities among the administration and governing board regarding school finance. □ Evidence that the school will ensure financial transparency, including plans for public adoption of the school’s budget and public dissemination of its annual audit and an annual report. □ Sound criteria and procedures for selecting contractors for any administrative services and the acquisition of liability insurance. □ Complete, realistic, and viable start-up and five-year operating budgets. □ Detailed budget narrative that clearly explains reasonable, well-supported revenue and cost assumptions, including grant/fundraising assumptions, including identifying the amount and sources of all anticipated funds, property, or other resources (noting which are secured vs. anticipated, and including evidence of firm commitments where applicable). □ Sound contingency plan to meet financial needs if anticipated revenues are not received or are lower than estimated.

Financial Management Capacity □ Individual and collective qualifications for implementing the Financial Plan successfully, including capacity in areas such as financial management, fundraising and development, accounting, and internal controls.

Addendum 1. Request for Waivers from Mississippi Code Annotated § 37-28-47 A strong Request for Waivers is coherent overall and aligned internally with the school’s mission and vision, Educational Program, Organization Plan, and Financial Plan as well as any other applicable Addenda. A solid case for a hiring waiver will have the following characteristics:

□ Clearly identifies specific positions for which the applicant seeks hiring waivers. Job descriptions and required qualifications are detailed and understandable. □ Solid rationale for requesting the waiver, including reasonable efforts to date to fill the named positions with US residents. □ Demonstrates that a waiver of residency requirement in hiring will positively impact student achievement.

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Addendum 2. For Conversion School Applications A strong Conversion Application is coherent overall and aligned internally with the school’s mission and vision, Educational Program, Organization Plan, and Financial Plan as well as any other applicable Addenda. A solid case for conversion will have the following characteristics:

Community Need and Support □Presents a compelling case for converting the school. □Demonstrates, beyond delivering the required petitions, clear support from one or more key stakeholder groups (staff, families, LEA, etc.) □Includes a thoughtful plan for community engagement during the conversion process, including information on timing and specific individuals who will execute the plan. Enrollment and Recruitment Supplement □Specific plans for engagement of students, families and the community that are realistic and likely to foster student retention and community support. □ If applicable, clear description of any enrollment preferences/priorities designed to support the enrollment of students who would be zoned to attend the school.

Turnaround Planning □Effective strategies, programming, and support services – and demonstrated capacity (preferably including prior takeover/turnaround experience) – to transform an underperforming school culture into a positive, inclusive, high- performing culture and to significantly raise student achievement among at-risk populations currently attending a low- performing school. □ Strong partnerships with the targeted community, including a robust community engagement plan for the pre - opening year.

Addendum 3. Education Service Providers A strong proposal using an Education Service Provider, regardless of the composition of the applicant team/organizations is coherent overall and aligned internally with the school’s mission and vision, Educational Program, Organization Plan, Financial Plan, and any other applicable Addenda.

A strong plan will have the following characteristics.

Details on following page

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ESP Selection A strong plan will have the following characteristics:

□ Compelling justification for the applicant organization’s decision to contract with an ESP rather than operate the school(s) directly. □ Compelling explanation of how and why this specific ESP was selected including when and how the applicant learned of the ESP, which other ESPs were considered, why the ESP was selected over other ESPs, and what due diligence was conducted.

ESP Track Record □ Evidence that the applicant conducted reference checks on the ESP. □ Evidence of the financial health of the ESP as demonstrated through an independent financial audit report and its most recent annual report. □ No evidence of any management contract terminations or charter revocations, non-renewals, withdrawals, or failures to open. □ Evidence of the ESP’s success in serving populations similar to the population that the applicant intends to serve, including evidence of academic success and successful management of non-academic school functions (e.g., back- office services, school operations, extracurricular programs).

Legal Relationship with ESP □ Evidence that the board is independent from the ESP and self-governing, including separate legal representation of each and arms-length negotiating. □ No existing or potential conflicts of interest between the school’s governing board and proposed ESP or any affiliated business entities. □ No unexplained or unjustified relationships between the school and any subsidiary or related entities of the ESP. □ Clear and detailed explanation of the supervisory responsibilities of the ESP (if any), including which school employees the ESP will supervise, how the ESP will supervise these employees, and how the charter school board will oversee the ESP supervisory responsibilities. □ Detailed explanation and compelling justification of any lease, promissory notes or other negotiable instruments, any lease-purchase agreements or other financing relationships with the ESP, including evidence that such agreements are separately documented and not part of or incorporated in the ESP agreement. Such agreements must be consistent with the school’s authority to terminate the ESP agreement and continue operation of the school. □ Detailed explanation and compelling justification of any loans, grants, or investments made between the ESP and the school, including an explanation and justification of how any such loans, grants, or investments may be initiated, repaid, and refused by the school.

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ESP Management Plan □ Detailed description of the roles and responsibilities of the ESP. □ Detailed explanation the scope of services and costs of all resources to be provided by the ESP. □ Detailed description of the oversight and evaluation methods that the board will use to oversee the ESP, including school-wide and student achievement results which the management organization is responsible for achieving, and a description of how often, and in what ways, the board will review and evaluate the ESP’s progress toward achieving agreed-upon goals? □ Detailed explanation of the conditions, standards, and procedures for board intervention, if the management organization’s performance is deemed unsatisfactory. □ Detailed explanation of the compensation structure, including clear identification of all fees to be paid to the ESP and the schedule on which the ESP will receive compensation. □ Detailed explanation of the financial responsibilities of the ESP, including the ownership of items purchased with public funds, including which operating and capital expenditures each party will be responsible for assuming, what types of spending decisions the ESP can make without obtaining board approval, and what reports ESP submit to the board on financial performance, and on what schedule. □ Detailed description of the duration, renewal and termination of the management agreement, including how often the management agreement may be renewed, the conditions that both the ESP and the school must satisfy for the management agreement to be renewed and the procedures for determining whether the management agreement will be renewed. □ Detailed description of the grounds for which the ESP or the school can terminate the management agreement for cause (including provisions for notice to the other party, and any conditions under which either party may terminate the management agreement without cause. □ Explanation and justification of any indemnification provisions in the event of default or breach by either party. □ A compelling plan for the operation of the school in the case that the management agreement is terminated.

□ Clearly defined terms. □ Fairly and reasonably distributed rights and responsibilities. □ Evidence of equitable bargaining power and balanced contractual authority. □ Does not include financial transactions (loans/grants/leases). □ Includes the following key areas: Roles and Responsibilities; Contract Duration, Renewal and Termination; Performance Oversight and Evaluation; Compensation and Finances; Intellectual and Physical Property; Contingency Planning for Terminated Contracts. In reviewing the draft management agreement presented as an attachment to the application, evaluators will look for provisions that align with the descriptions and explanations evaluated under the Legal Relationships and Organizational Structure sections above. A sound management agreement also will have the following characteristics:

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Part 421 Call for Quality Schools Guidance and Application Process for Existing Schools

10 Miss. Admin. Code Pt. 421 Call for Quality Schools Guidance and Application Process for Existing Schools

CQS Guidance and Application Process for Existing Operators 1

Title 10: Education Institutions and Agencies

Part 421: Call for Quality Schools Guidance and Application Process for Existing Schools

Part 421, Chapter 1: Call for Quality Schools Guidance and Application Process for Existing Schools Source: Miss. Code Ann. §§ 37-28-9 and -15.

Call for Quality Schools Guidance and Application Process for Existing Operators

© 2017 National Association of Charter School Authorizers (NACSA) and MCSAB This document was developed in partnership with NACSA and carries a Creative Commons license, which permits noncommercial re-use of content when proper attribution is provided. This means you are free to copy, display and distribute this work, or include content from this report in derivative works, under the following conditions: Attribution You must clearly attribute the work to the National Association of Charter School Authorizers, and provide a link back to the publication at http://www.qualitycharters.org/. Noncommercial You may not use this work for commercial purposes, including but not limited to any type of work for hire, without explicit p rior permission from NACSA. Share Alike If you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one. For the full legal code of this Creative Commons license, please visit www.creativecommons.org. If you have any questions about citing or reusing NACSA content, please contact us.

CQS Guidance and Application Process for Existing Operators 2

Introduction The Mississippi Charter School Authorizer Board (MCSAB or the Board) is pleased to invite proposals for high- quality charter schools seeking to open in the upcoming school year or thereafter. The MCSAB is charged with approving quality charter proposals that meet identified educational needs and promote a diversity of educational choices, and declining weak or inadequate charter proposals. Specifically, MCSAB seeks proposals for charter schools that will:

improve student learning;
close achievement gaps between high- and low-performing groups;
increase educational opportunities for all students, but especially for those with a likelihood of academic failure;
allow teachers and school administrators to have a direct voice in the operation of the school;
encourage the use of high-quality models of teaching, governing and scheduling;
provide for exceptional levels of results-driven accountability;
create expanded opportunities for involvement in the education system by students, parents and community members; and
encourage the replication of successful charter schools, if applicable. All new Operators approved through this process will be public schools subject to the legal requirements set forth in Mississippi Code Annotated §37-28-3 et seq. and the state of Mississippi Ethics Laws and Open Meetings Act.

Statement of Preference Mississippi Code Annotated § 37-28-15 permits the board to adopt an application preference for applications intended to help underserved students. This serves as notice that the board will grant such a preference for applications that demonstrate a commitment to and plan for recruiting, enrolling, and serving underserved students, and/or that demonstrate strong, credible evidence of a compelling community need for the proposed school. This preference will be considered when determining whether applicants proceed to the capacity interview stage of the application process.

Performance Framework Mississippi Code Annotated § 37-28-15 requires that this RFP include information regarding the elements of the performance framework that MCSAB will use to annually evaluate charter school performance. Charter schools in Mississippi are evaluated annually using the Mississippi Charter School Performance Framework. The Performance Framework includes performance metrics and standards for academic, financial, and organizational performance that guide MCSAB’s evaluation of each charter school. The Mississippi Charter School Performance Framework is the accountability mechanism for all charter schools authorized by MCSAB. The objective of the Performance Framework is to provide charter school operators and governing boards with clear expectations, fact-based oversight, and timely feedback while ensuring charter autonomy. The Mississippi Charter School Performance Framework assesses schools on their ability to operate as sound, independent entities that successfully serve all students. The Performance Framework features three key components: 1) routine ongoing oversight and submissions, 2) three performance frameworks and 3) annual performance reports. All Mississippi charter schools are issued an initial contract of five years. Over the course of this five-year contract term, charter schools are evaluated annually using the components of the Mississippi Charter School Performance Framework.

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CQS Guidance and Application Process for Existing Operators 4

Eligibility State law sets out specific requirements for all groups submitting charter proposals: • Only non-profit organizations may hold charters in Mississippi • Charter holders may only contract with non-profit Educational Service Providers (ESPs) • Applicant teams must provide proof of US citizenship for all board members, school staff, and (if applicable) key staff of the ESP • Any applicant proposing to open a charter school in a school district rated ‘A’, ‘B’, or ‘C’ [based on the most recent accountability ratings must also receive approval by the local school board, which must vote on the charter school proposal at a public meeting. • Any applicant proposing conversion of an existing public school must demonstrate support for the conversion, specifically: • a petition signed by a majority of teachers in the existing non-charter public school; or • a petition signed by a majority of parents of students in the existing non- charter public school; or • evidence of a majority vote of the local school board; or • In the case of schools in districts under state conservatorship) evidence of a majority vote of the State Board of Education

Please see the table below to determine any additional steps that may be needed to submit a charter school proposal and to determine which students are eligible to attend the charter school.

Local School District Accountability Rating Where School is to Be Located

Additional Approval Requirements and Student Enrollment Eligibility

A & B • Applicant must receive local school board approval before submitting complete proposal to MCSAB. • Students residing in ‘A’ & ‘B’ rated school districts shall not cross local school district boundaries to attend a charter school.

C • Applicant must receive local school board approval before submitting complete proposal to MCSAB. • Students residing in a ‘C’ rated school district may cross local school district boundaries to attend a charter school.

D & F • Applicant submits complete proposal directly to MCSAB. • Students residing in ‘D’ & ‘F’ rated school districts may cross local school district boundaries to attend a charter school.

A complete list of school districts accountability ratings are available on the Mississippi Department of Education website.

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Applicant Groups

In this RFP cycle, applicants will be considered in three groups, each of which has specific requirements.

New Operators are nonprofit organizations which: Have never operated a charter school OR currently operate a charter school that has been open for less than one school year (regardless of location) Do not intend to employ an educational service provider OR intend to employ an educational service provider that has not operated a school for more than one year (regardless of location)

Existing Operators are nonprofit organizations which currently: Have one or more schools in operation nationwide which have been in operation for more than one full school year Intend to employ an educational service provider with one or more schools in operation for more than one full school year

Conversion Applicants are nonprofit organizations, either new operators or existing operators, which propose to convert an existing traditional public school to charter status.

Evaluation Process

The MCSAB charter school proposal evaluation process includes a letter of intent and eligibility check and three stages of review, summarized below. Additional information regarding Stages 2 and 3 may be found in the published Evaluation Criteria for each Stage, which are incorporated in this RFP.

Initial Stage: Letter of Intent and Eligibility

To be eligible to submit a full proposal, all interested parties must submit the mandatory Letter of Intent and accompanying eligibility documentation. Conversion schools must also submit their proof of support at this time. Eligibility packets must be prepared using the template documents provided and submitted via the online portal. Only eligible applicants will be able to submit a full proposal.

Stage 1: Completeness Check

All eligible proposals will be reviewed for completeness before they are distributed to evaluators. If a proposal is incomplete/incorrectly formatted, the applicant will have 48 hours to remedy issues and resubmit their proposal. Proposals deemed incomplete will not be eligible to proceed to Stage 2 Evaluation.

Stage 2: Threshold Quality Review

Independent evaluators will assess critical elements of each proposal against the published Stage 2 evaluation criteria. At the conclusion of Stage 2, Applicants who fail to meet the threshold will not be eligible to proceed to Stage 3 Evaluation.

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Stage 3: Independent Evaluation Team Review

Teams of independent evaluators will evaluate each proposal and discuss their findings based on the written materials. Applicants that meet the criteria will be invited to an in-person capacity interview. During an in-person capacity interview, applicants will have the opportunity to further demonstrate their capacity to open and maintain a high-quality charter school as well as to answer specific questions about their proposal. Applicants will receive a copy of the independent evaluation team’s recommendation and will have the opportunity to provide a final (3) page written response to MCSAB before the Board votes to approve or deny applications.

Instructions for Developing a Proposal

The MCSAB is pleased to invite proposals for new quality charter schools seeking to open in the upcoming school year or thereafter. Prior to developing your proposal please be sure to read this entire RFP.

Components of the Proposal

Proposal Cover Sheet: The cover sheet includes basic information about the applicant team and the proposed school.

Narrative Proposal: The proposal is the formal application to MCSAB, and is a comprehensive description of the school’s educational, operational, and financial plans.

Attachments: Throughout the proposal, specific documents are requested in addition to narrative answers. Attachments may not contain additional narrative unless specified. A comprehensive list of the attachments is provided in these instructions.

Capacity Interview: Invited applicants will have the opportunity to further demonstrate the team’s capacity to open and maintain a high-quality charter school and answer specific questions evaluators may have about their proposal.

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Application Document Specifications

Applicants MUST submit proposals through the electronic platform and must use the following templates: Letter of Intent and Eligibility Packet Template - ALL APPLICANTS (MS Word) Proposal Cover Sheet and Enrollment Projection Template - ALL APPLICANTS (MS Word) School- Wide Curriculum Description - ALL APPLICANTS (MS Word) Proposal Narrative Template - ALL APPLICANTS (MS Word) Statement of Assurances Template - ALL APPLICANTS (MS Word) Staffing Chart Template - ALL APPLICANTS (MS Word) Charter School Board Member Information Sheet Template - ALL APPLICANTS (MS Excel) Financial Plan Workbook - ALL APPLICANTS (MS Excel)

All templates are available via the online portal.

All elements of the proposal must be typed with 1-inch page margins and 12-point font, single-spaced.

Each major section of the proposal (School Summary, Educational Program, etc.) and each addendum must begin on a separate page, as indicated in the template document. Adhere to all page limits as indicated.

If you believe a particular question does not apply to your team or proposal, respond “Not Applicable,” AND state the reason this question is not applicable to your team or proposal. All required documents should be uploaded in the file format specified. Late or incorrectly formatted submissions will not be accepted. When submitting resumes and biographies, label each document with the individual’s role with the proposed school (board member, principal, teacher, etc.).

Review all elements of the proposal for completeness before submitting.

All proposals will be reviewed for completeness before they are accepted and distributed to evaluation teams. If a proposal is found to be incomplete or incorrectly formatted, the applicant will have 48 hours to satisfactorily rectify the identified issues and resubmit their proposal. Applicants failing to rectify identified issues within the allotted time will not be evaluated in this cycle.

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Required Attachments

The following is a list of attachments to accompany the proposal. Note that not all attachments will be applicable for all applicants. It is the responsibility of the applicant to ensure they submit all attachments required for their proposal. Do not upload documents for any attachment that is not applicable. Additional attachments are required for various addenda.

Complete List of Attachments New Operators Existing Operators

School-wide curriculum description table
Summary scope andsequence
Curriculum map
Learning standards
Calendar and schedules
Enrollment policy
Discipline policy
Evidence of community support/demand
Leadership team qualifications
School leader qualifications
Organizational charts
Board documents
Board member information
Staffing chart
Personnel policies
Supplemental teacher evaluation tools
Supplemental leadership evaluation tools
Facility commitment and description
Start-up plan
Financial plan workbook
Budget narrative
School-wide curriculum description table
Exit standards
Calendar and schedules
Enrollment policy
Discipline policy
Evidence of community support/demand
Leadership team qualifications
School leader qualifications
Organization annual reports
Portfolio summary
Previous legal records
Organizational charts
Board documents
Board member information
Staffing chart
Personnel policies
Supplemental teacher evaluation tools
Supplemental leadership evaluation tools
Facility commitment and description
Start-up plan
Audited financial statements
Financial plan workbook
Network level budget
Budget narrative

Applicant Code of Conduct

Members of the Board are obligated to make decisions in the best interests of children, free from personal or political influences. Similarly, charter school applicants have the responsibility of respecting and upholding the integrity of the charter school proposal process. Specifically, charter school applicants shall not: initiate, or attempt to initiate, any activity with a MCSAB member with the exception of a public hearing; Initiate, or attempt to initiate, any activity with a member of the independent evaluation team; or Direct any communications, including proposal documents, to a MCSAB member or to a member of the independent evaluation team.

Charter school applicants found to be in violation of these requirements may be deemed ineligible for consideration in future proposal processes.

Public Disclosure All charter school proposal materials submitted to MCSAB become public records.

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Directions:

Please submit an application that addresses the following questions / issues. The total narrative response may not exceed 75 pages (not including the requested attachments and addenda). There are no page limits for individual sections except for the School Summary, Attachments, and Addenda.

Please keep in mind that your application is a professional document. The quality of the document that you submit should reflect the quality of the school that you propose to open. Evaluation teams will be able to navigate well-organized, effectively edited documents easily, thereby focusing their energy on reviewing the content of each application. Grammar, spelling, and formatting all make an impression on an evaluator.

Plagiarism

The University of Southern Mississippi defines plagiarism as "copying words, concepts, or ideas from any source and submitting the material as one’s own without acknowledging the source by the use of footnotes, quotation marks, or both” (University of Southern Mississippi, Academic Integrity Policy). Individuals and groups seeking the right and responsibility to educate public school children at public expense should be accountable to the highest standards of academic integrity. The MCSAB adopts this definition and considers plagiarism, including the copying of language from any other charter application without proper attribution, as grounds for immediate denial.

MCSAB understands that in order to implement an existing curriculum, instructional framework, or educational model (e.g. Montessori, arts integration, project-based learning, blended learning, etc.) with fidelity, key concepts must be discussed. However, it is not acceptable to copy and paste this discussion or description from another source. A high- quality applicant team with the capacity to operate a high-quality school must be able to thoughtfully explain in their own words how they intend to educate children. MCSAB also understands that existing operators proposing to replicate a mo del may use their own intellectual property, which is appropriate and acceptable.

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School Overview (New and Existing Operators) Executive Summary Narrative (Limit 2 Pages)

The Executive Summary should provide a concise overview of: the proposed plan for the school; the outcomes you expect to achieve; the geographic and population considerations of the school environment; the challenges particular to those considerations; and the applicant team’s capacity to successfully open and operate a high- quality school given the above considerations.

Mission and Vision. State the mission and vision of the proposed school. The mission is a statement of the fundamental purpose of the school, describing why it exists. The vision statement describes how the school will operate and what success looks like for students. The mission and vision statement provide the foundation for the entire proposal, and taken together, should identify the students and community to be served and illustrate what success for students will look like.

Educational Need and Anticipated Student Population. Describe the anticipated student population, students anticipated educational needs and non-academic challenges the school is likely to encounter. Describe the rationale for selecting the location and targeting this student population.

Education Plan/School Design. Provide an overview of the education program of the proposed school, including major instructional methods, assessment strategies and non-negotiables of the school model. Describe the evidence that demonstrates the school model will be successful in improving academic achievement for the targeted student population.

Community Engagement. Describe the relationships that you have established to generate community engagement in and support for the proposed school and how you have assessed demand and/or solicited support for the school. Briefly describe activities to date and summarize their results.

Leadership and Governance. List the current members of the school’s proposed leadership team and governing board, including their roles with the school and their current professional affiliation. Add lines to the table as needed. Do not list members of the applicant team who will not have an official leadership role with the school going forward, such as consultants.

Name Current Job Title & Employer Position with Proposed School EX. John Doe Bank President, ABC Bank, Location Governing Board Treasurer EX. Jane Doe (no relation to John) Principal, Best Charter School Ever, Location School Principal

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Enrollment Summary (Limit 2 Pages)

Complete the table below, illustrating the growth plan for the school. Indicate the school year for each column. This enrollment table will be used to complete the school’s enrollment table in its charter school contract.

Describe the rationale for the number of students and grade levels served in year one and the basis for the growth plan illustrated above. Do Not propose grades served outside the original contract term of five years.

Grade Level Number of Students Year 1 20 - 20 Year 2 20 - 20 Year 3 20 - 20 Year 4 20 - 20 Year 5 20 - 20 Full Enrollment 20 - 20 Pre - K

TOTAL

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Existing Operator Proposal

Section 1: Educational Program Design & Capacity Program Overview Summarize the education program, and any non-negotiable elements of the school model. Briefly describe the evidence that promises success for this program with the anticipated student population. Curriculum and Instructional Design Describe the organization’s existing school model(s), specifically explaining any differences among the schools in the portfolio. For example, note curriculum and basic learning environment, including class size and structure for all divisions to be served, as implemented in current schools. Explain the organization’s approach to replicating and implementing the school model, including curriculum and instructional design, among multiple schools.

Clearly explain any key educational features of the proposed Mississippi school(s)that differ from the organization’s existing portfolio of schools or schools proposed for replication. Explain the rationale for the variation in approach and identify any new resources the variation would require.

Give an overview of the planned curriculum, addressing alignment with Mississippi’s state standards, including the Mississippi College- and Career-Ready Standards, as required by Mississippi Code Annotated 37-28-15.

If the curriculum is fully developed, summarize curricular choices (e.g. text book or computer-based curricula selection) by subject, and the rationale for each. Describe the evidence that these curricula will be appropriate and effective for the targeted students. Provide, in Attachment 1 a school-wide curriculum description table.

See Exhibit A for an exemplar. Your curriculum summary table may be no longer than one page per grade level and must be prepared in 12-point font with 1-inch margins.

-OR- If the curriculum is not already developed, instead explain the plan for how the curriculum will be developed between approval of the proposal and the opening of the school, and instead provide in Attachment 1, a curriculum development timeline, identifying milestones, individuals responsible for included tasks, and when key stages will be completed.

Describe the primary instructional strategies that the school will expect teachers to use and why they are well suited for the anticipated student population.

Pupil Performance Standards

Describe the pupil performance standards for the school as a whole.
If the school has, or will adopt or develop, additional academic standards beyond those mandated by the state, explain the types of standards (content areas, grade levels). Describe the adoption or development process. Select one grade level and subject area as an example and explain how these additional standards exceed requirements.
Explain the policies and standards for promoting students from one grade to the next.
Discuss how and when promotion and graduation criteria will be communicated to parents and students.
Provide, also in Attachment 2, the school’s exit standards for graduating students. These should clearly set forth what students in the last grade served will know and be able to do.

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High School Graduation Requirements (for schools serving grades 9-12)

Describe how the school will meet the graduation (exit) requirements described in Attachment 2. Explain how students will earn credit hours, how grade-point averages will be calculated, what information will be on transcripts, and what elective courses will be offered. If graduation requirements will exceed state and district standards, explain the additional requirements.
Explain how the graduation requirements will ensure student readiness for college or other postsecondary opportunities (e.g. trade school, military service, or entering the workforce).
Discuss the systems and structures the school will implement for students at risk of dropping out or not meeting these requirements. School Calendar and Schedule
Discuss the annual academic schedule for the school, including total number of days/hours of instruction. Explain how the calendar reflects the needs of the educational program. a. Provide, as Attachment 3, the school’s proposed calendar for the first year of operation.
Describe the structure of the school day and week. Include the number of instructional hours/ minutes in a day for core subjects such as language arts, mathematics, science, and social studies. Note the length of the school day, including start and dismissal times. Explain why the school’s daily and weekly schedule will be optimal for student learning. Provide the minimum number of hours/minutes per day and week that the school will devote to academic instruction in each grade. a. Provide, also in Attachment 3, a sample daily and weekly schedule for each division of the school. School Culture
Describe the culture or ethos of the proposed school. Explain how it will promote a positive academic environment and reinforce student intellectual and social development.
Explain the plan to create and implement this culture for students, teachers, administrators, and parents starting from the first day of school.
Describe a typical school day from the perspective of a student in a grade that will be served in the first year of operation.
Describe a typical day for a teacher of a grade that will be served in the first year of operation.
Explain how the school culture will support students with special needs, English Language Learners, and students at risk of academic failure.

Supplemental Programming

If summer school will be offered, describe the program(s). Explain the schedule and length of the program including the number of hours and weeks. Discuss the anticipated participants including number of students and the methods used to identify them. Describe the anticipated resource and staffing needs for these programs and how will they be funded.
Describe the extra- or co-curricular activities or programming the school will offer; how often they will occur; and how they will be funded.
Describe the programs or strategies the school will employ to address student mental, emotional, and social development and health.
If applicable, describe any other student-focused activities and programs that are integral to the educational and student- development plans.

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Special Populations and At-Risk Students

Describe the overall plan to serve students with special needs, including but not limited to: students with Individualized Education Programs or Section 504 plans, English Learners (ELs), students identified as intellectually gifted, and students at risk of academic failure or dropping out. Identify the special populations that the school expects to serve, and the basis for these assumptions, whether through data related to a specific school district, or a more generalized analysis of the population to be served. Discuss how the course scope and sequence, daily schedule, staffing plans, and support strategies and resources will meet or be adjusted for the diverse needs of students.
Complete this table to demonstrate calculation of at-risk students the school anticipates serving. Please use the demographic information provided by MCSAB via the online portal for the local school district where the charter school will be located to complete the first row of the table.

Current School District Demographics

80% Charter School Requirement

Anticipated Charter School Demographics

Explain more specifically how the plan to identify and meet the learning needs of students with mild, moderate, and severe disabilities in the least restrictive environment possible. Specify the programs, strategies, and supports you will provide, including the following:
1. Methods for identifying students with special education needs (and avoiding misidentification);
2. Specific instructional programs, practices, and strategies the school will employ to provide a continuum of
services, ensure access to the general education curriculum, and ensure academic success for students with special education needs; c. Plans for monitoring and evaluating the progress and success of special education students with mild, moderate, and severe needs to ensure the attainment of each student’s goals as set forth in the IEP; d. Plans for promoting graduation for students with special education needs (high schools only); and e. Plans to have qualified staffing adequate for the anticipated special needs population.
Explain how the school will meet the needs of EL students, including the following:
1. Methods for identifying EL students (and avoiding misidentification);
2. Specific instructional programs, practices, and strategies the school will employ to ensure academic success and
equitable access to the core academic program for these students; c. Plans for monitoring and evaluating the progress and success of EL students, including exiting students from EL services; and d. Means for providing qualified staffing for EL students.
Explain how the school will identify and meet the learning needs of students who are performing below grade level and monitor their progress. Specify the programs, strategies, and supports that will be provided for these students.
Explain how the school will identify and meet the needs of intellectually gifted students, including the following:

a. Specific research-based instructional programs, practices, strategies, and opportunities the school will employ or provide to enhance their experience; b. Plans for monitoring and evaluating the progress and success of these students; and c. Means for providing qualified staffing for intellectually gifted students.

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Student Recruitment and Enrollment

Explain the plan for student recruitment and marketing that will provide equal access to interested students and families. Specifically, describe the plans for outreach to families in poverty; academically low- achieving students; students with disabilities; and other youth at risk of academic failure.
Describe the timeline and individuals responsible for student recruitment/engagement and enrollment.
Provide, as Attachment 4, the school’s Enrollment Policy, which should include the following: a. Tentative dates for application period; and enrollment deadlines and procedures, including explanation of how the school will receive and process applications. b. Description of any enrollment preferences or priorities. c. Describe the school’s lottery procedures and how they will comply with the statutory requirement in Mississippi Code Annotated §37-28-15 that lotteries be “equitable, randomized, transparent, and impartial”; d. Policies and procedures for student waiting lists, withdrawals, re-enrollment, and transfers; and e. Explanation of the purpose of any pre-admission activities for students or parents. Student Discipline
Describe in detail the school’s approach to student discipline. Taken together, the narrative description and discipline policy should: a. Explain the practices the school will use to promote discipline, including both penalties for infractions and incentives for positive behavior. b. List and define the offenses for which students must (where non-discretionary) and may (where discretionary) be suspended or expelled. c. An explanation of how the school will take into account the rights of students with disabilities including students with Behavior Support Plans in disciplinary actions and proceedings; and d. Procedures for due process when a student is suspended or expelled as a result of a violation, including a description of the appeal process that the school will employ for students facing expulsion and a plan for providing services to students who are expelled or out of school for more than ten days.
If already developed, provide the proposed discipline policy as Attachment 5.
Discuss how students and parents will be informed of the school’s discipline policy.

Parent and Community Involvement

Describe the role of any parents and community members involved in developing the proposed school.
Discuss specifically what has been done to assess and build parent and community demand for the school. Explain the plan to continue to engage parents and community members from the present time, to approval, and through opening.
Explain the plan to engage parents in the life of the school (in addition to any proposed governance roles described below). Describe any opportunities and/or expectations for ongoing parent, student, and community involvement. Any parent volunteer requirements must also include a waiver process that considers individual family circumstances.
Discuss the community resources that will be available to students and parents. Describe any partnerships the school will have with community organizations, businesses, or other educational institutions. Specify the nature, purposes, terms, and scope of services of any such partnerships including any fee-based or in-kind commitments from community organizations or individuals that will enrich student learning.
Provide, as Attachment 6, existing evidence of demand for the school (e.g. letters of support or intent to apply forms from families and students) and/or support from intended community partners (e.g. letters of intent/commitment, memoranda of understanding, and/or contracts). DO NOT ATTACH CONVERSION SCHOOL PETITIONS HERE.

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Educational Program Capacity

Identify the key members of the school’s leadership team. Identify only individuals who will play a substantial and ongoing role in school development, governance and/or management, and will thus share responsibility for the school’s educational success. These may include current or proposed governing board members, school leadership/management, and any essential partners who will play an important ongoing role in the school’s development and operation.
Describe the team’s individual and collective qualifications for implementing the school design successfully, including capacity in areas such as: school leadership, administration, and governance; curriculum, instruction, and assessment; performance management; and parent and community engagement.
If known, identify the individuals who will fill these positions, explain why each is well qualified for a specific role, and summarize their relevant track record of success. Provide, as Attachment 7, the qualifications, resumes, professional biographies, and proof of US citizenship for each identified individual.

-AND/OR-

If any of these positions are not yet filled, discuss the process and timeline for recruiting, selecting, and hiring these team members. Describe the criteria to be used in selecting each, and instead provide in Attachment 7 a complete job description and required qualifications for each unfilled role.

Identify the principal/head of school candidate and explain why this individual is well qualified to lead the proposed school in achieving its mission. Summarize the proposed leader’s academic and organizational leadership record. Provide specific evidence that demonstrates capacity to design, launch, and manage a high- performing charter school. Discuss the evidence of the leader’s ability to effectively serve the anticipated population. This evidence may include annual student achievement data, disaggregated by subgroup, for every school under the current or prior management of the leader or other administrator. If the proposed leader has never run a school, describe any leadership training programs that have been completed. Also provide, as Attachment 8, the qualifications, resume, professional biography, and proof of US Citizenship for this individual. -OR- If no candidate has been identified, discuss the process and timeline for recruiting, selecting, and hiring the school leader. Describe the criteria to be used in selecting this leader, and instead provide as Attachment 8 a complete job description and required qualifications.
Describe the team’s ties to and/or knowledge of the target community.
Identify any organizations, agencies, or consultants that are partners in planning and establishing the school, along with a brief description of their current and planned role and any resources they have contributed or plan to contribute to the school’s development.
Explain who is currently leading the school development process, and who will work on a full-time or nearly full- time basis following approval of the charter to lead development of the school.

Describe the operator’s current or planned process for sourcing and training potential school leaders for any schools opening in subsequent years. Explain how a pipeline of potential leaders for schools within the network has been or will be established and accessed for the network as a whole. If known, identify candidates already in the pipeline for future positions.

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Section 2: Operations Plan & Capacity Vision, Growth Plan, and Scale Strategy

Describe the organization ‘s strategic vision, desired impact, and five-year growth plan for developing new schools

in Mississippi and/or other states. Include the following information, regardless of school location:
1. Number and types of schools (divisions, grade levels served);
2. Proposed opening years.
3. Demographic characteristics of the students to be served by each school, and projected enrollments.
Discuss all currently targeted markets/communities and the criteria used for selection.
If the organization’s existing portfolio or growth plan includes schools in other states, explain specifically how growth in Mississippi fits into the overall growth plan. Describe the vision for the organization after the five-year growth plan has been implemented.
Provide evidence of organizational capacity to open and operate high-quality schools in Mississippi and elsewhere as described. Outline specific timelines for building or deploying organizational capacity to support all proposed schools.
Discuss the results of past replication efforts and lessons learned – including particular challenges encountered, how each was addressed, and the plan to mitigate such challenges for the schools proposed in this proposal. Organizations that operate only one school should address challenges encountered while growing that school.
List all schools that were previously approved by this or another authorizer, but which failed to open or did not open on time and explain the reasons for failure or delay.
Provide, as Attachment 9, the organization’s annual reports for the last two years and any current business plan for the organization.
Describe the steps planned to scale the model to new sites, including the individuals/positions involved and the resources contributed both by the organization and individual new schools. a. If the organization operates schools in other states, compare past scale efforts in other states to planned scaling in Mississippi. b. Describe plan for embedding the fundamental features of the model described into the planned schools.

Network Performance Management

Describe the organization’s plans to monitor performance of the portfolio.
What actions will you take if the network fails to meet goals?
Discuss how the organization assesses its readiness to grow and under what circumstances the organization will delay or modify its growth plan.
Describe the organization’s approach to academic underperformance for schools that fall short of student academic achievement expectations or goals at the school-wide, classroom, or individual student level.

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School Level Performance Management

Explain the plan for using internal and external assessments to measure and report progress against the Mississippi Charter School Performance Framework. Specifically, how will this plan address the following key areas on which charter schools will be evaluated:
1. student academic proficiency and growth;
2. achievement gaps in both proficiency and growth between major student subgroups;
3. attendance;
4. recurrent enrollment from year to year;
5. in-school and out-of-school suspension rates and expulsion rates;
6. graduation and dropout rates for appropriate multiple-year cohorts;
7. (for high schools only) student postsecondary readiness, including the percentage of graduates submitting
applications to postsecondary institutions, high school completion, postsecondary admission and postsecondary enrollment or employment; h. financial performance and sustainability; and i. governing board performance and stewardship, including compliance with all applicable laws, regulations and terms of the charter contract.
Explain how the school will measure and evaluate academic progress – of individual students, student cohorts, and the school as a whole –throughout the school year, at the end of each academic year, and for the term of the charter contract. Explain how the school will collect and analyze student academic achievement data, use the data to refine and improve instruction, and report the data to the school community. Identify the person(s), position(s), and/or entities that will be responsible and involved in the collection and analysis of assessment data.
Who will be responsible for managing the data, interpreting it for classroom teachers, and leading or coordinating professional development to improve student achievement?
Explain the training and support that school leadership and teachers will receive in analyzing, interpreting, and using performance data to improve student learning.
Describe the corrective actions the school will take if it falls short of student academic achievement expectations or goals at the school-wide, classroom, or individual student level. Explain what would trigger such corrective actions and who would be responsible for implementing them.

Performance Track Record NOTE: MCSAB will use the information provided in this section to assess the academic, organizational, and financial performance record of the organization, and the organization’s schools or the school model that the organization proposes to replicate. The applicant must provide all requested information for all of its organization’s schools. MCSAB may subsequently select a subset of schools for which the applicant will be required to provide additional performance information.

Provide, as Attachment 10, a summary of the applicant’s complete current and historical portfolio of schools. Prepare your submission using the template provided by the MCSAB.
Select a consistently high-performing school from the organization’s portfolio, and discuss its performance. Be specific about the results which provide the basis for judgment that the school is high performing. Include student achievement status, growth, absolute, and comparative academic results, as available.
1. Discuss the primary causes of the school’s distinctive performance.
2. Discuss any notable challenges that the school has overcome to achieve these results.
3. Identify any ways in which this school’s success has informed or affected how other schools in the
portfolio have performed. d. Explain how effective practices, structures, or strategies were identified and how they were implemented in other schools.
Discuss a school with relatively low or unsatisfactory performance. Be specific about the results which provide

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the basis for judgment that performance is unsatisfactory. Include student status, growth,

absolute, and comparative academic results, as available.

Describe the primary causes of the school’s problems
Explain the specific strategies that are being employed to improve performance
How will you know when performance is satisfactory?
What are the expectations for satisfactory performance in terms of performance levels and

timing?

List any contracts with charter schools that have been terminated by either the organization or the school, including the reason(s) for such termination and whether the termination was for “material breach.”
List any and all charter revocations, non-renewals, shortened or conditional renewals, or withdrawals/non- openings of schools operated by the organization, and explain the causes of each occurrence.
Explain any performance deficiencies or compliance violations that have led to formal authorizer intervention with any school operated by the organization in the last three years, and explain how such deficiencies or violations were/are being resolved.
Identify all current or past litigation, including arbitration proceedings, by school, involving the organization or any schools it operates. If applicable, provide as Attachment 11 (1) the demand, (2) any response to the demand, and (3) the results of the arbitration or litigation.

Organization Management

Identify the organization’s leadership team and their specific roles and responsibilities. Submit, as Attachment 12,

organization charts that show the school governance, management, and staffing structure in
1. The first year of school operations;
2. At the end of the charter term; and
3. When the school reaches full capacity, if in a year beyond the first charter term.
Each organization chart should clearly delineate the roles and responsibilities of, and lines of authority and

reporting among, the governing board, staff, any related bodies (such as advisory bodies or parent/teacher

councils), and any external organizations that will play a role in managing the school. The organization charts

should also specifically document lines of authority and reporting within the school.
Explain any shared or centralized support services the network organization will provide to schools in the authorizer’s state. Describe the structure, specific services to be provided, the cost of those services, how costs will be allocated among schools, and specific service goals. How will the organization measure successful delivery of these services? (In the case of a governing board proposing to contract with a management organization, service goals should be outlined in the term sheet and draft contract to be provided in Attachment ESP-2).
Using the table below, summarize school- and organization-level decision-making responsibilities as they relate to key functions, including curriculum, professional development, culture, staffing, etc.

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Function Network/Management Organization Decision-Making Responsibilities School Level Decision-Making Responsibilities Performance Goals

Curriculum

Professional Development

Data Management and Interim Assessments

Promotion Criteria

Culture

Budgeting, Finance, and Accounting

Student Recruitment

School Staff Recruitment and Hiring

HR Services (payroll, benefits, etc.)

Development/ Fundraising

Community Relations

Facilities Management

Vendor Management / Procurement

Other operational services

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Provide, with Attachment 12 above, the following organization charts (including both organization management/staff and schools within the network): • Year 1 network as a whole • Year 3 network as a whole • Year 5 network as a whole

The organization charts should clearly delineate the roles and responsibilities of – and lines of authority and reporting among – the governing board, staff, any related bodies (such as advisory bodies or parent/teacher councils), and any external organizations that will play a role in managing the schools. The school-level organization charts should likewise present clear lines of authority and reporting within the school. If the school intends to contract with an ESP, clearly show the provider's role in the organizational structure of the school. Explain how the relationship between the governing board and school administration will be managed.

Legal Status and Governing Documents

Describe the proposed school’s legal status, including non-profit status and federal tax-exempt status.
Provide, as Attachment 13:
1. The bylaws of the board, including any amendments.
2. The code of ethics and conflict of interest policies for the board.
3. Any additional governing documents already adopted, including other board policies; and
4. The completed and signed statement of assurances (prepared using the template provided by MCSAB).

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Organizational Governance

Explain what entity will hold the charter for the proposed schools. Describe the current and desired size and composition of the governing board. Identify key skills, areasof expertise, and constituencies that are and/or will be represented on the governing board.
List all current and prospective board members and their intended roles. For each individual identified, summarize interest in and qualifications to serve on the board. Explain the procedure by which board members have been and will be selected. How often will the board meet? Discuss the plans for any committee structure. Provide, as Attachment 14, the following documents for each individual identified here: a completed and signed Board Member Information Sheet, resume, professional biography, and proof of US citizenship (if a board member’s documentation is attached elsewhere in this proposal, state so on the Information Sheet).
Describe the governance structure at both the network and (if applicable) individual school levels and the plan for satisfying all applicable statutory and MCSAB requirements for composition of charter school governing boards. Explain whether each school/campus will have an independent governing board, whether there will be a single network-level board governing multiple schools, or both a network- level board and boards at individual schools. If there will be both a network-level board and boards at each school, describe the organizational relationship between the boards, the legal status of each board, and the scope of authority of each. If each school will have an independent governing board but no network- level board, explain how the network will be governed and how decisions that affect the network as a whole will be made.
If the existing board will govern the proposed school(s), discuss the plan to transform that board’s membership, mission and bylaws to support the charter school expansion/replication plan. Describe the plan and timeline for completing the transition and orienting the board to its new duties. If a new board will be formed, describe how and when the new board will be created and what, if anything, its ongoing relationship to the existing non-profit’s board will be.
Describe plans for increasing the capacity of the governing board. How will the board expand and develop over time? How and on what timeline will new members be recruited and added, and how will vacancies be filled? What are the priorities for recruitment of additional board members? What kinds of orientation or training will new board members receive, and what kinds of ongoing development will existing board members receive? The plan for training and development should include a timetable, specific topics to be addressed, and requirements for participation. If there will be a network-level board, identify any board development requirements relative to the organization’s proposed growth and governance needs.
Explain how the interests of individual schools will be balanced with network interests and how key stakeholders will be represented.
Explain how this governance structure and composition will: a) help ensure that each school will be an educational and operational success; b) evaluate the success of each school and school leader including what the school will evaluate and when it will evaluate each school and school leader; and c) include active and effective representation of key stakeholders, including parents.
Describe the board’s ethical standards and procedures for identifying and addressing conflicts of interest. Identify any existing relationships that could pose actual or perceived conflicts if the proposal is approved; discuss specific steps that the board will take to avoid any actual conflicts and to mitigate perceived conflicts.

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Advisory Bodies

Describe any advisory bodies or councils that are in place or will be formed, including the roles and duties of each. For

each identified group describe:

Its current and/or planned composition and the strategy for achieving that composition.
The role of parents, students, and teachers, as applicable; and
The reporting structure relative to the school’s governing board and leadership.

Grievance Process

Explain the process that the school will follow should a parent or student have an objection to a governing board

policy or decision, administrative procedure, or practice at the school.

Staff Structure

Summarize the staffing structure and growth plan for the school, describing:

a. Year 1 positions, as well as positions to be added in future years;

b. Administrative, instructional, and operational and support staff; and

c. The teacher-student ratio, as well as the ratio of total adults to students for the school.

Provide, as Attachment 15, a complete staffing chart for the school (prepared using the template provided by MCSAB). Explain how the relationship between the school’s senior administrative team and the rest of the staff will be managed. Staffing Plans, Hiring, Management, and Evaluation Explain the relationship that will exist between the school and its employees, including whether the employees will be at-will and whether the school will use employment contracts. If the school will use contracts, explain the nature and purpose of the contracts. If developed, provide, as Attachment 16, any personnel policies or employee manual.

Outline compensation structure for all employees, including salary ranges and employment benefits, as well as any incentives or reward structures, if applicable. Explain the staff retention plan.
Describe the strategy, plans, and timeline for recruiting and hiring teaching staff, including the school’s plan for hiring highly qualified staff in accordance with the ESEA. Explain required qualifications for instructional staff, key selection criteria, and any special considerations relevant to your school design.
Outline the school’s procedures for hiring and dismissing school personnel, including conducting criminal background checks.
Explain how teachers will be supported, developed, and evaluated; outline the tools and key inputs. If using the Mississippi Educator and Administrator Professional Growth System, please indicate, but do NOT include samples of the assessment tools. Details regarding the Professional Growth System may be found here. If using a system already developed, provide, in Attachment 16, the teacher evaluation tool(s).
Explain how the school leader will be supported, developed, and evaluated each school year. Will the school use the Mississippi Educator and Administrator Professional Growth System If you intend to supplement or use an alternative to the Professional Growth System, outline the tools and key i nputs. Provide, in Attachment 17, any supplemental leadership evaluation tool(s) that you have developed already. If you intend to use only the Mississippi Educator and Administrator Professional Growth System, do NOT include the mandated assessment tools. Details regarding the Professional Growth System may be found here.

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Explain how the school intends to handle unsatisfactory leadership or teacher performance, as well as leadership/teacher changes and turnover. Note the reporting requirements by MCSAB for all schools to adhere to the MS Educator Code of Ethics. Details may be found here.

Organization-Wide Staffing

Explain how the relationship between the school’s senior administrative team and the rest of the staff will be managed. Note the teacher-student ratio, as well as the ratio of total adults to students for a “typical” school.
Complete the table(s) below outlining your school staffing rollout plan for a “typical” elementary school and/or a “typical” high school, as applicable. Modify the tables, as needed, to reflect your organization’s school model. If the proposed schools will use a staffing model that diverges from the operator’s norm, please explain. New Elementary School Staffing Model and Rollout

Year 1 Year 2 Year 3 Year 4 Year 5 Capacity Principal

Assistant Principal

Add’l School Leadership Position 1 [specify]

Add’l School Leadership Position 2 [specify]

Add’l School Leadership Position 3 [specify]

Classroom Teachers (Core Subjects)

Classroom Teachers (Specials)

Student Support Position 1 [specify: i.e., Social Worker]

Student Support Position 2 [specify]

Specialized School Staff 1 [specify]

Specialized School Staff 2 [specify]

Teacher Aides and Assistants

School Operations Support Staff

Total FTEs

New High School Staffing Model and Rollout Year Year 1 Year 2 Year 3 Year 4 Year 5 Capacity Principal

Assistant Principal(s)

Dean(s)

Add’l School Leadership Position 1 [specify]

Add’l School Leadership Position 2 [specify]

Add’l School Leadership Position 3 [specify]

Classroom Teachers (Core Subjects)

Classroom Teachers (Specials)

Student Support Position 1 [specify: e.g., Social Worker]

Student Support Position 2 [specify]

Specialized School Staff 1 [specify]

Specialized School Staff 2 [specify]

Teacher Aides and Assistants

School Operations Support Staff

Total FTEs

CQS Guidance and Application Process for Existing Operators 25

Professional Development

Identify the person(s) or position(s) responsible for overseeing professional development (PD).
Discuss the core components of the school’s PD plan and how they will support effective implementation of the educational program. Discuss the extent to which professional development will be individualized or uniform. Who will be responsive for administering PD programs (e.g. a staff member, consultant, etc.)?
Provide a schedule and explanation of professional development that will take place prior to school opening. Explain what will be covered during this induction period and how teachers will be prepared to deliver any unique or particularly challenging aspects of the curriculum and instructional methods.
Describe the expected number of days/hours for professional development throughout the school year, and explain how the school’s calendar, daily schedule, and staffing structure accommodate this plan. Include time scheduled for common planning or collaboration and discuss how such time will typically be used. Facilities
Describe the basic facilities requirements for accommodating your school plan, including number of classrooms, square footage per classroom, common areas, overall square footage, and amenities.
Identify any other significant facilities needs not already specified, including playground, large common space for assemblies and other large group meetings, athletic facilities, and other special considerations (identify and explain).
Describe the process for identifying and securing a facility, including any brokers or consultants you are employing to navigate the real estate market, plans for renovations, timelines, financing, etc. Include in this discussion the plan for ensuring that identified facilities will comply with applicable state and local health and safety requirements and applicable planning review procedures.
If you currently hold a facility or have an MOU or other proof of intent to secure a specific facility, please provide proof of the commitment as Attachment 19. Briefly describe the facility including location, size, and amenities. You may provide, also in Attachment 19, up to 10 pages of supporting documents providing details about the facility. Start-Up & Ongoing Operations
Provide, as Attachment 20, a detailed start-up plan for the school, specifying tasks, timelines, and responsible individuals.
Describe the transportation plan that details how reliable and safe transportation will be provided for all students. In addition to daily transportation needs, describe how the school plans to meet transportation needs for field trips and athletic events.
Provide the school plan for safety and security for students, the facility, and property. Explain the types of security personnel, technology, equipment, and policies that the school will employ.
List the types of insurance coverage the school will secure, including a description of the levels of coverage and estimated costs. Explain the basis for these assumptions. Operations Capacity
Describe the applicant team’s individual and collective qualifications for implementing the Operations Plan successfully, including capacity in areas such as the following: staffing; professional development; performance management; general operations; and facilities management.
Describe the organization’s capacity and experience in facilities acquisition and management, including managing build-out and/or renovations, as applicable.

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Section 3: Financial Plan & Capacity Financial Plan

Describe the systems, policies and processes the school will use for financial planning, accounting, purchasing, and payroll, including a description of how it will establish and maintain strong internal controls and ensure compliance with all financial reporting requirements.
Describe the roles and responsibilities of the school’s administration and governing board for school finances and distinguish between each
Provide, as Attachment 21, your most recent audited financial statements.
Discuss any material audit findings for your organization or any school that you operate.
Describe how the organization will provide and publish an independent annual audit of both organization-level and school-level financial and administrative operations.
Describe how the school will ensure financial transparency to the authorizer and the public, including its plans for public adoption of its budget and public dissemination of its annual audit and an annual financial report.
Describe any services to be contracted, such as transportation, business services, payroll, and auditing services, including the anticipated costs and criteria for selecting such services.
Describe the school’s plans for liability insurance to indemnify the school, its board, staff and teachers against tort claims.
Submit the completed Financial Plan Workbook as Attachment 22. In developing your budget, use the information provided to calculate your per-pupil revenue projection. Prepare your submission using the template provided by MCSAB. Complete ALL sheets in the workbook. NOTE: Applicants for multiple schools should complete all sheets in the workbook for all schools opening in year one.
Submit as Attachment 23 a detailed budget for the network level (no template is provided). Include the following, in individual sheets: a. Startup Budget: The start-up budget should list all anticipated revenue and expenditures for the network in the period leading up to the first fiscal year in which the school(s) listed in this proposal would open. In other words, this budget demonstrates how the organization will support pre-opening activities until the first school(s) proposed in this proposal open. b. Year one budget c. Startup/year one monthly cash flow projection d. Five-year budget projections
Budget Narrative: As Attachment 24, present a detailed description of assumptions, calculations, and revenue estimates. The narrative should include, at minimum, the basis for revenue projections, staffing levels, and costs. Provide specific evidence supporting assumptions and/or describe the source of estimated amounts wherever possible. a. Describe all anticipated funding sources. Clearly address the degree to which the school budget will rely on variable income (e.g., grants, donations, fundraising). Indicate the amount and sources of funds, property, or other resources expected to be available through banks, lending institutions, corporations, foundations, grants, etc. Note which are secured and which are anticipated and include in Attachment 24 evidence of commitment for any funds on which the school’s core operation depends.

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b. Discuss the school’s contingency approach and plan to meet financial needs if anticipated revenues are not received or are lower than estimated. c. Explain in detail the year one cash flow contingency plan, in the event that revenue projections are not met (or not met on time).

Include, with Attachment 24 above, a clearly labeled budget narrative for network level budgets, including detailed description of assumptions and revenue estimates, including but not limited to the basis for revenue projections, staffing levels, and costs. The narrative should specifically address the degree to which budgets will rely on variable income (e.g., grants, donations, fundraising) and how the organization will meet fundraising goals. Include the following: a. Anticipated Funding Sources. Indicate the amount and sources of funds, property or other resources expected to be available through banks, lending institutions, corporations, foundations, grants, etc. Note which are secured and which are anticipated and include evidence of commitment for any funds on which the school’s core operation depends. b. Discuss contingency plans to meet financial needs if anticipated revenues are not received or are lower than estimated. c. Year one cash flow contingency, if revenue projections are not met in advance of opening.

Financial Management Capacity

Describe the applicant team’s individual and collective qualifications for implementing the Financial Plan successfully, including capacity in areas such as the following: Financial management; Fundraising and development; and Accounting and internal controls.

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List of Addenda

The following addenda should be completed as applicable by new and existing operators. Note that some addenda require additional attachments.

For applicants requesting WAIVERS from Mississippi Code Annotated § 37-28-47
For CONVERSION SCHOOL proposals
For proposals from operators using EDUCATION SERVICE PROVIDERS a. Attachment ESP-1: ESP audited financial statements and annual report b. Attachment ESP-2: ESP contract

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Addendum 1. Request for Waivers from Mississippi Code Annotated § 37-28-47

Community Need and Support Explain the rationale for converting the existing public school to charter status.

Describe the efforts to date to garner parent and community support and involve individuals and

organizations in the conversion. Include a discussion of the process by which the applicant

team gathered the evidence of eligibility for conversion (previously presented with the LOI),

namely:

a petition signed by a majority of teachers in the existing non-charter public school; or
a petition signed by a majority of parents of students in the existing non-charter public

school; or

c. evidence of a majority vote of the local school board; or (in the case of schools in

districts under state conservatorship) evidence of a majority vote of the State Board of

Education. Provide specific plans for ongoing family and community engagement,

including timing and responsible individuals.

Enrollment and Recruitment Supplement

Explain the plan to cultivate student and parent investment in the conversion, especially how the school plans to limit attrition from the existing student body. Describe how this plan will successfully transition students who currently attend or are zoned to attend the school being converted.
If applicable, summarize the school’s policy regarding enrollment preferences for students who reside within the former attendance area of the proposed charter school. a. The policies provided above as Attachment 6 must specifically address differences between policy and procedure for students outside of the former attendance zone vs. students currently attending or zoned to attend the existing school.

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Turnaround Planning

Describe your organization’s prior experience in taking over or turning around an underperforming school.
Discuss specific ways that you will engage and transform the existing school culture during the pre-launch period and the first year of operation.
Present a phase-in plan that details how the proposed school would take responsibility for all grades and all existing programs of the school, including (but not limited to) programs for students with severe disabilities, ELL programs, and any early childhood education programs.
Describe the plan to work with the existing school during the conversion/transition process.

Addendum 3. Education Service Providers

ESP Selection

Explain why the applicant is seeking to contract with an ESP rather than operate the school(s) directly.
Explain how and why the ESP was selected, including when and how the applicant learned of the ESP, which other ESPs were considered, why the ESP was selected over other ESPs, and what due diligence was conducted. ESP Track Record
Explain the ESP’s success in serving student populations similar to the target population of the school. Describe the ESP’s demonstrated academic track record as well as successful management of non- academic school functions (e.g., back-office services, school operations, extracurricular programs). Provide summary information from reference checks conducted by the applicant (regarding the third-party ESP), identifying each reference.
List all schools operated by the ESP. Identify those schools that serve the same grade levels and student populations demographically similar to the anticipated population of the proposed school. Include name, year opened, contact information, location, number of students, and contact information for the authorizer foreach currently operating school.
Provide evidence of the financial health of the ESP. Attach as Attachment ESP-1 the most recent independent financial audit report of the ESP and its most recent annual report.
List and explain any management contract terminations as well as any charter revocations, non-renewals or withdrawals/non-openings that the proposed ESP has experienced in the past five (5) years. Legal Relationship with ESP
Provide evidence that the board is independent from the ESP and self-governing, including evidence of independent legal representation and arm’s-length negotiating.
Describe any existing or potential conflicts of interest between the school’s governing board, proposed school employees, proposed ESP, and any affiliated business entities.
List all subsidiaries or related entities that are affiliated or owned in whole or in part by the ESP and identify the nature of those entities’ business activities.
Explain whether the school has or will have any relationship with or receive any services from any of the entities listed in the previous question.
Explain the supervisory responsibilities of the ESP (if any), including which school employees the ESP will supervise, how the ESP will supervise these employees, and how the charter school board will oversee the

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ESP’s supervisory responsibilities. 6. If the school’s governing board intends to execute promissory notes or other negotiable instruments, or enter into a lease, lease-purchase agreement or any other facility or financing relationships with the ESP, provide evidence that such agreements are separately documented and not part of or incorporated in the school management contract. Any facility or financing agreements must be consistent with the school governing board’s authority and practical ability to terminate the management agreement and continue operation of the school. 7. Describe and provide documentation of any loans, grants, or investments made between the ESP and the school, including an explanation of how any such loans, grants, or investments may be initiated, repaid, and refused by the school.

ESP Management Plan

Provide a detailed description of the roles and responsibilities of the ESP.
Describe the scope of services and costs of all resources to be provided by the ESP.
Describe the oversight and evaluation methods that the Board will use to oversee the ESP. What are the school- wide and student achievement results that the management organization is responsible for achieving? How often, and in what ways, will the board review and evaluate the ESP’s progress toward achieving agreed- upon goals? Will there be an external evaluator to assess the ESP’s performance? What are the conditions, standards, and procedures for board intervention, if the management organization’s performance is deemed unsatisfactory?
Describe the compensation structure and payment schedule, including clear identification of all fees, bonuses, and any other compensation to be paid to the ESP.
Describe the respective financial responsibilities of the school governing board and the ESP. Who will own property purchased with public funds? Which operating and capital expenditures will each party be responsible for? What types of spending decisions can the management organization make without obtaining board approval? What reports must the ESP submit to the board on financial performance, and on what schedule? How will the school governing board provide financial oversight?
What is the term (duration) of the management agreement? Explain the conditions and procedures (including time frames, notice, and decision-making procedures) for renewal and termination of the contract. How often will the management agreement be renewed? Describe the conditions that both the ESP and the school must satisfy for the management agreement to be renewed. On what grounds may the ESP or the school terminate the management agreement for cause, and without cause? List any indemnification provisions in the event of default or breach by either party.
Describe the plan for the operation of the school in the event of termination of the management agreement.
Provide as Attachment ESP-2 a draft of the proposed management agreement with the ESP.

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List of Exhibits

Sample School-Wide Curriculum Description Table
Sample Scope and Sequence Document
Sample Curriculum Map
RFP Description of Stage 2 Evaluation Criteria
RFP Description of Stage 3 Evaluation Criteria

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Exhibit A: Sample School-Wide Curriculum Description Table

Content Area Publisher/Product Rationale for Selection Grade Level: ELA

Math

Connected Mathematics Connected Mathematics is a constructivist, problem-centered middle school math curriculum that asks students to spend significant portions of time solving problems in contexts that require thinking, planning, reasoning, computing, and evaluating. Problem-centered math helps students make sense of and retrieve math concepts more readily. Connected Math focuses on depth of understanding, as well as on developing the necessary habits of mind that are conducive to the long- term study of mathematics. An independent study conducted by Claremont Graduate University’s Institute of Organizational and Program Evaluation Research, reported that Connected Mathematics students demonstrated significantly greater gains in problem-solving, math communication, and math reasoning strategies than their peers using other math programs as evidenced by performance on the Balanced Assessment of Mathematics (BAM.)

ST Math Created by the MIND Research Institute, ST Math provides game based, visual math instruction. This interactive program adapts to students’ mastery as they progress through various skills and concepts targeted to their needs. ST Math focuses on improving conceptual learning and problem solving by visually representing concepts students learn during traditional instruction. Schools that use ST Math achieve at least double the growth in math proficiency than comparable schools. Science

Social Studies

Other (specify)

Grade Level: ELA

Math

Science

Social Studies

Other (specify)

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Exhibit B: Sample Scope and Sequence Summary

Core Academic Program Scope and Sequence

ELA MATH SCIENCE SOCIAL STUDIES SPANISH

9 English Language Arts I: Classics across genres Higher level of analysis of the novel, drama (Shakespeare), poetry, memoir, literary elements, speeches, short stories, non- fiction, crafting an argument Geometry Graphing and the relations between equations and graphs, including points, lines, polynomials, circles, and other curves, graphing inequalities, slope, properties and relations of plane figures, circles, triangles and other polygons, transformations and proofs --OR-- Algebra I Biology I Matter, chemical building block of life, cell structure and life processes, genetics, DNA, classification of life, evolution, human body systems, biodiversity Contemporary US History and Civics WWII and the Holocaust, the Cold War, the 1950s, cultural revolutions, Civil Rights, social policy, the 80s, 9/11 and post 9/11 US, Civics Spanish I 10

Non- Core Academic Program Scope and Sequence

PHYSICAL EDUCATION ACADEMIC ELECTIVES FINE ARTS ELECTIVES

9 Health and Fitness I Cardio, muscular development, team sports, yoga, dance, separate andco-gender sex-ed Creative Writing Visual Art, Choir or Band, Theatre Architecture

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Exhibit C: Sample Curriculum Map

9 th Grade English Language Arts Curriculum Map Unit 1: Literary Elements and the Short Story (6 weeks – Aug- Sept.) Standards Objectives Key Concepts/Vocabulary Suggested Resources RL.9-10.1: Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text. RL.9-10.5: Analyze how an author’s choices concerning how to structure a text, order events within it (e.g., parallel plots), and manipulate time (e.g., pacing, flashbacks) create such effects as mystery, tension, or surprise. W.9-10.2: Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content. SL.9-10.1: Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 9– 10 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively. L.9-10.1: Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking. L.9-10.5: Demonstrate understanding of figurative language, word relationships, and nuances in word meanings. • Identify and explain plot structure (i.e., exposition, rising action, crisis/climax, falling action, resolution/denouement) in short stories. • Understand and explain why plots in short stories usually focus on a single event. • Analyze how authors create the setting in a short story. • Define the concept of theme and identify the theme(s) in stories read. • Identify and explain characterization techniques in short stories. • Identify and explain the use of figurative language in shortstories. • Analyze how authors create tone in short stories. • Identify the point of view in a short story and analyze how point of view affects the reader’s interpretation of the story. • Write a coherent essay of literary analysis with a clear thesis statement, at least three pieces of evidence from texts, and a strong introduction and conclusion. • Define and refine research questions; cite sources accurately, distinguishing between paraphrasing and quoting. Reading: □ Character, characterization □ Figurative language □ Irony (e.g., dramatic, situational, verbal) □ Narrator (reliable and unreliable) □ Parable □ Plot (i.e., exposition, rising action, crisis/climax, falling action, resolution/ denouement) □ Point of view □ Sensory language □ Setting □ Style □ Symbol, symbolism □ Theme □ Tone Writing: □ Review parts of speech (Verbs: principal parts of verbs, especially irregular past and past participles; simple, perfect, and progressive tenses; agreement of subject and verb, especially with collective nouns Nouns: common, proper, concrete, abstract, countable, collective, compound, possessive, gerunds) □Review capitalization of common and proper nouns “The Tell Tale Heart” by Edgar Allan Poe “The Gift of the Magi” by O Henry

“New African” from Sarah Phillips by Andrea Lee

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Exhibit D MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD CHARTER SCHOOL PROPOSAL STAGETWO EVALUATION CRITERIA NEW AND EXISTING OPERATORS

The Stage 2 Evaluation Process The Stage 2 Evaluation Criteria are the essential tools used by evaluators to determine whether a proposal meets the minimum quality threshold required to merit a full evaluation. A response is Inadequate if it significantly fails to address the RFP requirements or criteria for approval, or wholly lacks merit. During Stage 2, evaluators only provide a rating to indicate that a proposal has not met the threshold and is thus deemed inadequate. At the conclusion of Stage 1, if a proposal has no inadequate rating the proposal proceeds to a full review to assess the extent to which it meets the Stage 3 criteria for approval.

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THRESHOLD 6: PERFORMANCE HISTORY (For Existing Operators, including applicants proposing to partner with an ESP) Documents considered include (but may not be limited to): • Proposal Narrative: o Executive Summary o Section 2. Operations Plan & Capacity: Staff Structure, Facilities, Start-up & Ongoing Operations o Addendum 3. Education Service Providers • Attachment: Annual report and/or business plan • Attachment: Portfolio summary • Attachment: Litigation documents • Attachment: ESP audited financial statements and annual report • Attachment: ESP contract • Attachment: Organization audited financial statements • Attachment: Organization-level budget A response is inadequate if: Evidence demonstrating the operator’s track record of academic performance is not provided or fails to meet the statutory requirement to demonstrate gains in student achievement. Evidence of successful management of nonacademic school functions (e.g., back-office services, school operations, extracurricular programs) is not provided or is plainly inadequate. THRESHOLD 7: ESP RELATIONSHIP (For applicants proposing to contract with an ESP)

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Exhibit E MISSISSIPPI CHARTER SCHOOL AUTHORIZER BOARD STAGE THREE EVALUATION CRITERIA NEW AND EXISTING OPERATORS

The Stage 3 Evaluation Process Independent evaluators utilize the Stage 3 criteria in their individual and team assessments of each proposal. There are additional evaluation criteria for existing operator applicants. Based on evaluation criteria evaluators present a rating and a narrative analysis of each section of the proposal.

Within each section, specific criteria define the expectations for a response that “Meets the Standard.”

Rating Characteristics

Meets the Standard

The response reflects a thorough understanding of key issues. It addresses the topic with specific and accurate information that shows thorough preparation; presents a clear, realistic picture of how the school expects to operate; and inspires confidence in the applicant’s capacity to carry out the plan effectively. Partially Meets the Standard The response meets the criteria in many respects but lacks detail and/or requires additional information in one or more areas. Does Not Meet the Standard The response meets the criteria in some respects but has substantial gaps in a number of areas. Falls Far Below the Standard

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Evidence of Capacity Throughout the proposal, evaluators will assess the evidence that the applicant team has the capacity to execute the plan as presented.

In total, a high-quality proposal will demonstrate evidence that the team has the capacity needed in all key areas to open and operate a charter school that improves academic outcomes for students.

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Stage Three Evaluation Criteria: Existing Operator Proposal School Overview Section 1: Educational Program Design & Capacity A strong Educational Program Design is coherent overall and aligned internally with the school’s mission and vision, Operations Plan, and Financial Plan.

A strong plan will have the following characteristics:

Curriculum and Instructional Design Framework for a rigorous, quality instructional design that reflects the needs of the school’s target population and will ensure all students meet or exceed the expectations of the Mississippi Curriculum Frameworks

□ Comprehensive, quality curriculum overview that includes a sample course scope and sequence for one subject for one grade for each division (elementary, middle, high school) the school would serve, and demonstrated alignment of course outcomes with applicable standards. Sound curricular choices, by subject, including reasonable evidence the curriculum will be appropriate and effective for the targeted students. □ Sound instructional strategies and explanation of why they are well suited for the targeted student population, including effective methods and systems for providing differentiated instruction to meet the needs of all students. □ Evidence that the proposed educational program has a sound base in research, theory, and/or experience, and has been or is likely to be rigorous, engaging, and effective for the anticipated student population.

Clear and compelling description of the organizations approach to replicating and implementing the school model including curriculum and instructional design among multiple schools.

Sensible rationale and identified resources for any key educational features that would differ from the organization’s current model.

Section 1: Educational Program Design and Capacity Continued on Following Pages

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Section 1: Educational Program Design & Capacity Continued

Pupil Performance Standards □ Clear, rigorous learning standards and exit standards aligned with applicable standards □ Thoughtful identification of and plan for development and adoption of any additional academic standards beyond state and authorizer that the school would adopt or develop, including explanation and evidence of how those standards would exceed the state standards. □ Clear, rigorous promotion and exit policies and standards. High School Graduation Requirements □ Clear, persuasive explanation of how the school’s graduation requirements will ensure student readiness for college or other post-secondary opportunities (trade school, military service, or entering the workforce). School Calendar and Schedule □ School calendar and daily and weekly schedules meet or exceed minimum state requirements regarding annual instructional time. □ Schedules and calendar align with the educational program; demonstrate that they are conducive to improving student learning. School Culture

□ Vision for school culture or ethos that will promote high expectations, a positive academic environment and intellectual and social development for all students, including those with special needs, English Language Learners, and students at risk of academic failure. □ Coherent plan for establishing and maintaining the intended culture for students, teachers, administrators, and parents from the first day of school and throughout the school year. □ Articulate, compelling descriptions of the typical daily experiences of a student and a teacher in grades served in year one. Descriptions demonstrate a well-thought-out school design that reflects the vision and will support student intellectual and social development. Supplemental Programming (If applicable) □ Sound plan, design, schedule, and funding for summer school that will meet anticipated student needs. □ Well-designed plans and funding for extracurricular and co-curricular activities, programs, and services that will meet anticipated student needs and provide enrichment experiences. □ Thoughtful, well-supported description of programs or strategies to address student mental, emotional, and social development and health, and any other student-focused activities and programs that are integral to the school’s educational and student-development plans. Special Populations and At-Risk Students □ Demonstrated understanding of – and capacity to fulfill – state and federal obligations and requirements pertaining to students with disabilities, students identified as intellectually gifted, and English Learners (ELs) including appropriate discipline procedures for students with disabilities. □ Sound explanation of evidence from which the projection of anticipated special populations was derived.

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Section 1: Educational Program Design & Capacity Continued Special Populations and At-Risk Students Continued □ Comprehensive and compelling plan for appropriate identification of students who are performing below grade level or at risk of academic failure or dropping out and a detailed plan for providing services to such students. □ Comprehensive and compelling plan for appropriate identification of students with special needs and to ensure they are served in the least restrictive environment possible, have appropriate access to the general education curriculum and school-wide educational, extra-curricular, and culture-building activities in ways that support their development, receive required and appropriate support services as outlined in their Individual Education Plans and 504 plans, and participate in standardized testing. □ Comprehensive and compelling plan for providing services to ELs, including methods for appropriate identification of ELs, specific instructional programs, practices, and strategies the school will employ to ensure academic success and equitable access to the general education curriculum and core academic program for these students, plans for monitoring and evaluating student progress and success of ELs and for exiting them from services, and plan for including ELs in standardized testing and school-wide educational, extra-curricular, and culture-building activities. □ Plans describe evidence-based instructional programs and practices; effective design or adaptation of the educational program; qualified staffing; and support strategies and resources. □ Enrollment Policy complies with state law and that ensures the school will be open to all eligible students. □ Sound and thoughtful student recruitment and marketing plan, timeline, and Enrollment Policy that will provide equal access to all interested students and families, including those in poverty, academically low-achieving students, students with disabilities, and other youth at risk of academic failure.

Student Recruitment and Enrollment □ Enrollment policy complies with state law and that ensures the school will be open to all eligible students □ Sound and thoughtful student recruitment and marketing plan, timeline and Enrollment Policy that will provide equal access to all interested students and families, including those in poverty, academically low-achieving students, students with disabilities, and other youth at risk of academic failure. Student Discipline □ Student discipline policy that provides for appropriate and effective strategies to support a safe, orderly school climate and fulfillment of educational goals, promoting a strong school culture while respecting student rights. Legally sound policies for student discipline, suspension and expulsion that do not indicate students will be removed in an inappropriate manner, as well as appeals, including proper processes for students with disabilities. □ Appropriate plan for disseminating the discipline policy to teachers, parents, and students.

Parent and Community Involvement • Effective strategies for informing parents and the community about the school’s development. □ Sound pre- and post- opening parent engagement plan, including family-school partnerships, that is welcoming and accessible to all parents. □ Community resources and partnerships that will benefit students and parents and that include a)

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description of the nature, purposes, terms, and scope of services of any such partnerships; and b) evidence of commitment from identified community partners. Educational Program Capacity □ Evidence that the school leadership and management team have the collective qualifications (documented by resumes and bios for all members) to implement the school design successfully, including capacities in areas such as school leadership, administration, and governance; curriculum, instruction, and assessment; performance management; and parent and community engagement. □ Sound plans for sourcing and training potential leaders for future campuses and for developing pipeline of potential leaders for the network. (If applicable) Existing leadership pipeline is adequate to meet growth projections and includes strong candidates for future schools. □ Evidence that organizations, agencies, or consultants that are essential to successful implementation of the plan are committed to having an ongoing role with the school. □ (If School Leader candidate(s) is identified) Evidence of the leader’s experience in/ability to design, launch, and lead a school that effectively serves the target population, as well as evidence that the proposed leader is well qualified to implement the specific educational program being proposed. Any identified leadership training is appropriate for and aligned with the educational program. □ (If School Leader candidate(s) is not yet identified) Evidence of the Board and/or network’s preparation and plan to recruit and retain a leader with the ability to lead a school that effectively serves the target population. □ Appropriate responsibilities and qualifications of the school’s leadership/management team (beyond the school leader). □ (If members of the leadership team are identified) Individuals who demonstrate the qualifications, capacities, and commitment to carry out the designated leadership roles to ensure the success of the proposed school. □ (If leadership team is not yet identified) Sound timeline, criteria, and process for recruiting and hiring the leadership team. □ Sound plan for leading the development of the school from post-approval to opening, including identification of a capable individual or team to lead the planning and start-up, as well as a viable plan for compensating this individual or team that is aligned with the budget.

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Section 2: Operations Plan & Capacity

A strong Operations Plan is coherent overall and aligned internally with the school’s mission and vision, Educational Program, and Financial Plan. A strong plan will have the following characteristics:

Vision, Growth Plan, and Scale Strategy □ Well-defined, thoughtful strategic vision and five-year growth plan for developing new schools locally and elsewhere, if applicable. This should include: years of opening; number and types of schools; all currently targeted markets/communities and criteria for selecting them; and projected numbers of students. □ (If the organization’s growth plan includes areas outside of Mississippi) Meaningful focus on schools in Mississippi and commitment of organizational resources to support quality school replication as proposed. □ Demonstrated financial, organizational, and management capacity to execute the school replication plan successfully – and to support and ensure the quality and long-term success of all proposed schools – as evidenced by: □ The organization’s annual report for the last two years; □ A sound, well-developed business plan; □ Sound description of tasks and timelines for building or deploying organizational capacity to support the proposed schools; and □ Successful school development, management, and replication experience. □ Demonstrated ability to learn from past school management/replication challenges, including thoughtful discussion of specific challenges and mitigation strategies. □ Thoughtful consideration of risks and challenges to achieving desired outcomes in Mississippi over the next five years and realistic, effective strategies for addressing them.

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Network Performance Management □ (Optional; maybe network-level or school-level) Meaningful mission-specific educational and/or organizational goals and targets, which are measurable or demonstrable by externally credible measures or assessments. □ Quality interim assessments that are aligned with (each) school’s curriculum, performance goals, and state standards. □ Effective plan (including qualified personnel) and system for measuring and evaluating academic progress – of individual students, student cohorts, each school, and the network as a whole – throughout the school year, at the end of each academic year, and for the charter term. □ Comprehensive, effective plan (including qualified personnel) and system for collecting and analyzing student academic achievement data, using the data to refine and improve instruction – including providing training and support to school leadership and teachers – and reporting the data to the school community. This should include identification of the student data system to be used, as well as qualified personnel who will be responsible for managing and interpreting the data for teachers and leading or coordinating data-driven professional development. □ Thoughtful, appropriate corrective actions the school and network will take if either falls short of the authorizer’s (or the operator’s) goals at any level, including explanation of what would trigger such actions and who would implement them. □ Sound plan for monitoring performance of the portfolio as a whole and thoughtfully considering portfolio performance in decisions regarding continued growth and replication. School Level Performance Management □ (Optional; maybe network-level or school-level) Meaningful mission- specific educational and/or organizational goals and targets, which are measurable or demonstrable by externally credible measures or assessments. □ Quality interim assessments that are aligned with (each) school’s curriculum, performance goals, and state standards. □ Effective plan (including qualified personnel) and system for measuring and evaluating academic progress – of individual students, student cohorts, each school, and the network as a whole – throughout the school year, at the end of each academic year, and for the charter term. □ Comprehensive, effective plan (including qualified personnel) and system for collecting and analyzing student academic achievement data, using the data to refine and improve instruction – including providing training and support to school leadership and teachers – and reporting the data to the school community. This should include identification of the student data system to be used, as well as qualified personnel who will be responsible for managing and interpreting the data for teachers and leading or coordinating data-driven professional development. □ Thoughtful, appropriate corrective actions the school and network will take if either falls short of the MCSAB’s (or the operator’s) goals at any level, including explanation of what would trigger such actions and who would implement them. □ Sound plan for monitoring performance of the portfolio as a whole and thoughtfully considering portfolio performance in decisions regarding continued growth and replication.

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Performance Track Record □ Complete information provided for all schools in the organization’s portfolio as required by the Existing Schools Information Template. □ Strong academic, financial and organizational performance for schools in the organization’s portfolio, particularly for those schools using similar models and serving similar student populations to the proposed schools (based on due diligence). □ Thoughtful discussion of a high-performing school in the network, including the evidence basis for judging the school as high-performing; causes for success; challenges overcome; and how the school’s effective practices have been implemented elsewhere in the network □ Thoughtful discussion of a less-than-satisfactory school in the network, including the evidence basis for judging the school unsatisfactory; causes of problems; and specific strategies and expectations (performance levels and timeframe) for improvement □ Strong academic, organizational, and financial performance of network schools operating in, documented by the most recent performance/evaluation/renewal reports produced by the authorizer (or other evaluator, if applicable) □ Satisfactory performance record and demonstrated capacity to learn from past challenges/mistakes, demonstrated by the following: a) Record of any charter management contract terminations or non-renewals; charter terminations, non- renewals, shortened or conditional renewals, withdrawals or non-openings; performance deficiencies or violations that have led to formal authorizer intervention (past three years); or current or past litigation involving the organization or any of its schools; and b) Thoughtful, well-reasoned, and evidence-based discussion of any such experiences by the organization.

Organizational Management □ Highly capable network leadership team with sensibly defined roles and responsibilities and demonstrated capacity to lead the short- and long-term success of the school(s) as part of the growing network. □ Sound plan and structure for any shared or centralized support services, including description of services, network staffing, costs (amount and allocation aligned with budget), and specific service goals. □ Clear, effective assignment of school-and organization-level decision-making responsibility for key functions such as curriculum, culture, staffing, etc. □ Clear, sensible, complete organization charts depicting the governance and management structure for (a) the network as a whole (including both network management and schools within the network) in Years 1, 3, and 5; and (b) the school model (one school) in Year 1 and at full expansion. The charts should delineate sound assignment of roles and responsibilities – and clear lines of authority among – (as applicable) the board, all management staff, any related bodies or councils, and any external organizations that will play a management role. The charts should also present clear lines of authority and reporting within the school(s). Evaluators will consider these organizational charts in tandem with those presented in the main application. □ Sound, clear plan for managing the relationship between the governing board and school administration.

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Organization Charts □ Clearly indicate all positions in all years, including any changes in reporting/authority over time. □ Delineates appropriate board and management roles and lines of authority. Legal Status and Governing Documents □ Proposed school’s legal status and structure are in compliance with state law. □ Governing bylaws, policies, and procedures are comprehensive and sound.

Organizational Governance □ Proposed school’s legal status and structure are in compliance with state law. □ Governing bylaws, policies, and procedures are comprehensive and sound. □ Clear description of an effective governance structure at both the network and individual school levels, including an explanation of whether each school/campus will have an independent governing board, whether there will be a single network-level board governing multiple schools, or both a network- level board and boards at individual schools. □ (If applicable) Clear description of the organizational relationship between the network- levelboard and boards at each school, including the legal status of each board, and the scope of authority of each. □ (If applicable) Clear description of an effective governance structure in the absence of a network-level board. □ (If applicable) Clear, appropriate plans for the board(s) to evaluate the success of the school(s) and school leader(s). □ Proposed board members who demonstrate (as documented by resumes, bios, and Board Information sheets for all currently identified proposed members): (a) will, capacity and commitment to govern the school(s)/network effectively; and (b) shared vision, purposes and expectations for the school(s)/network. □ Evidence that the proposed governing board members will contribute the wide range of knowledge, skills, and commitment needed to oversee a successful charter school including educational, financial, legal, and community experience and expertise. □ (If applicable)Sound, timely plan for enlarging or otherwise changing the governing board to govern multiple schools, including a sound plan and timeline for board recruitment, expansion, orientation of new members, and ongoing training for members. Plan should include a thoughtful identification of desired experience and capacities beyond what the board already possesses and necessary for the governance of multiple schools. □ (If applicable) If there will be a network-level board, plan for clear identification and plan for addressing board development needs relative to growth.

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Governing Board □ □Effective governance structure for network and school governance, whether each school will have an independent board or there will be one or more boards overseeing multiple schools. Well-planned board(s) size, powers, duties, and current and desired composition (including diverse expertise and effective representation) that will foster school(s)/network success. □ (If applicable) Clear division of duties if there will be multiple boards serving multiple schools. □ Clear, appropriate plans for the board(s) to evaluate the success of the school(s) and school leader(s). □ Proposed board members who demonstrate (as documented by resumes, bios, and Board Information sheets for all currently identified proposed members): (a) will, capacity and commitment to govern the school(s)/network effectively; and (b) shared vision, purposes and expectations for the school(s)/network. □ Evidence that the proposed governing board members will contribute the wide range of knowledge, skills, and commitment needed to oversee a successful charter school including educational, financial, legal, and community experience and expertise. □ (If applicable) Sound, timely plan for creating or transitioning to the school governing board. □ (If applicant is an existing non-profit organization other than a charter school governing board) Sound plan for transforming existing board to assume its new duties or forming a new board. □ Other effective governance procedures, including planned frequency of meetings and standing committees. □ Appropriate proposed Code of Ethics and Conflict of Interest policy/procedures that will minimize real or perceived conflicts. □ Sound plan and timeline for board recruitment, expansion, orientation of new members, and ongoing training for members. Plan should include a thoughtful identification of desired experience and capacities. □ (If applicable) If there will be a network-level board, plan for clear identification and plan for addressing board development needs relative to growth.

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Advisory Bodies □ Clear roles, duties, and composition of any advisory bodies/councils, and effective relationship to the school governing board and leadership.

Grievance Process □ Fair, accessible grievance process for parents and students.

Staffing Plans, Hiring, Management, and Evaluation □ Compensation packages, system, and strategy that are likely to attract and retain strong staff. □ Recruitment and hiring strategy, criteria, timeline, and procedures that are likely to result in a strong staff that meet ESEA requirements for being “Highly Qualified” and are well suited to the school. □ Plan for supporting, developing, and annually evaluating school leadership and teachers that is likely to produce and retain a successful staff. □ Sensible allocation of school vs. network responsibilities for staffing. □ Leadership and teacher evaluation tools that are likely to be effective. □ Effective planning for unsatisfactory leadership/teacher performance and turnover. Organization-wide Staffing □ Sensible five-year network staffing that will support high-quality replication at the scale proposed, while continuing success in existing schools. □ Sensible staffing rollout plan for the school model(s) aligned with the educational program and conducive to school success. □ Effective structure and strategies for managing the administration-staff relationship. □ Sensible allocation of school vs. network responsibilities for staffing. □ Sensible allocation of school vs. network responsibilities for professional development, including demonstrated understanding of and preparation for professional development needs that are common to all schools in the network.

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Professional Development □ Sensible allocation of school vs. Network responsibilities for professional development, including demonstrated understanding of and preparation for professional development needs that are common to all schools in the network. □ Professional development standards, opportunities, leadership, and calendar/scheduling that effectively support the education program and are likely to maximize success in improving student achievement, including an induction program that will prepare teachers to deliver any unique or particularly challenging aspects of the educational program. Facilities

□ Sound plan and timeline for identifying, financing, renovating, and ensuring code compliance for a facility that will meet the requirements of the educational program and anticipated student population.

Operations Capacity □ Individual and collective qualifications for implementing the Operations Plan successfully, including capacity in area such as staffing, professional development, performance management, school start-up, general operations, and facilities management. □ (If proposing an independent facility) Demonstrated experience in facilities acquisition and management, including managing build-out and/or renovations.

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CQS Guidance and Application Process for Existing Operators 55

Organization-Wide Business Plan Evaluators will consider the elements of this section in tandem with the Financial Plan section of the main application. □ Evidence of the financial health and sustainability of the organization as demonstrated by audited financials. □ Financial procedures, policies, or other reasonable assurance that the organization has sound systems, policies and processes for financial planning, accounting, purchasing, and payroll, including a description of how it will establish and maintain strong internal controls, ensure compliance with all financial reporting requirements, and conduct independent annual financial and administrative audits. □ Evidence that the school’s leadership (including the governing board) has a strong understanding of appropriate delineation of roles and responsibilities regarding school finance among the administration and governing board. □ Evidence that the school will ensure financial transparency, including plans for public adoption of the school’s budget and public dissemination of its annual audit and an annual report. □ Sound criteria and procedures for selecting contractors for any administrative services and the acquisition of liability insurance. □ Complete, realistic, and viable start-up and five-year operating budgets. □ Detailed budget narrative that clearly explains reasonable, well-supported revenue and cost assumptions, including grant/fundraising assumptions, including identifying the amount and sources of all anticipated funds, property, or other resources (noting which are secured vs. anticipated, and including evidence of firm commitments where applicable). □ Sound contingency plan to meet financial needs if anticipated revenues are not received or are lower than estimated. Financial Management Capacity □ Individual and collective qualifications for implementing the Financial Plan successfully, including capacity in areas such as financial management, fundraising and development, accounting, and internal controls.

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Addendum 2. For Conversion School Applications

A strong Conversion Application is coherent overall and aligned internally with the school’s mission and vision, Educational Program, Organization Plan, and Financial Plan as well as any other applicable Addenda. A solid case for conversion will have the following characteristics: Community Need and Support □ Presents a compelling case for converting the school. □ Demonstrates, beyond delivering the required petitions, clear support from one or more key stakeholder groups (staff, families, LEA, etc.) □ Includes a thoughtful plan for community engagement during the conversion process, including information on timing and specific individuals who will execute the plan. Enrollment and Recruitment Supplement □ Specific plans for engagement of students, families and the community that are realistic and likely to foster student retention and community support. □ If applicable, clear description of any enrollment preferences/priorities designed to support the enrollment of students who would be zoned to attend the school. Turnaround Planning □ Effective strategies, programming, and support services – and demonstrated capacity (preferably including prior takeover/turnaround experience) – to transform an underperforming school culture into a positive, inclusive, high- performing culture and to significantly raise student achievement among at- risk populations currently attending a low-performing school. □ Strong partnerships with the targeted community, including a robust community engagement plan for the pre - opening year.

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ESP Selection □ Compelling justification for the applicant organization’s decision to contract with an ESP rather than operate the school(s) directly. □ Compelling explanation of how and why this specific ESP was selected including when and how the applicant learned of the ESP, which other ESPs were considered, why the ESP was selected over other ESPs, and what due diligence was conducted.

ESP Track Record □ Evidence of the ESP’s success in serving populations similar to the population that the applicant intends to serve, including evidence of academic success and successful management of non-academic school functions (e.g., back- office services, school operations, extracurricular programs). □ Evidence that the applicant conducted reference checks on the ESP. □ Evidence of the financial health of the ESP as demonstrated through an independent financial audit report and its most recent annual report. □ No evidence of any management contract terminations or charter revocations, non- renewals, withdrawals, or failures to open.

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Part 422 Title 10, Part 422: Call for Quality Schools Guidance and Application Process Timeline for New and Existing Operators

10 Miss. Admin. Code Pt. 422 Title 10, Part 422: Call for Quality Schools Guidance and Application Process Timeline for New and Existing Operators

Call for Quality Schools Timeline 2026 1 Title 10: Education Institutions and Agencies

Part 422: Call for Quality Schools Guidance and Application Process Timeline

Part 422, Chapter 1: Call for Quality Schools Guidance and Application Process Timeline

Source: Miss. Code Ann. §§ 37-28-9 and 15.

Letter of Intent and Eligibility

Prospective Applicant Informational Webinar This informational session will provide those interested in applying for a charter school during this application cycle with an overview of the process including an overview of the online portal for submission of documents, a high-level walk-through of the RFP, a detailed walk- through of the proposal timeline, requirements, and eligibility demonstration. The webinar will be recorded and posted to the MCSAB website for on-demand viewing. For details visit chartershoolboard.ms.gov.

February 14, 2025 Letter of Intent Packets Due to MCSAB MCSAB staff and/or its external evaluator will review the Letter of Intent for each applicant. Conversion schools must submit their proof of support at this time. Letter of Intent packets must be prepared using the template provided and submitted via the online portal. (See SAMPLE Letter of Intent).

March 7, 2025 Eligibility Determination Notification The eligibility of an applicant team is determined by the successful submission of the mandatory Letter of Intent and the required accompanying documentation. Applicants will be notified of their eligibility via email. Applicants deemed ineligible will be disqualified from submitting a full proposal during this cycle.

March 14, 2025 Eligible Applicant Orientation Webinar Eligible applicants will receive an invitation to a webinar that provides a more detailed explanation of the evaluation process, a high-level walk- through of the evaluation criteria, and time for applicants to ask questions. The webinar will be recorded and available for eligible applicant on demand viewing.

April 4, 2025 Call for Quality Schools Stage 1 Completeness Check

Deadline for Submission of Complete Proposals All proposals must be submitted via the online platform in complete and final form. Independent evaluators will review proposals for completeness. *Monday Deadline

May 19, 2025

Call for Quality Schools Timeline 2026 2 Initial Completeness Findings Distributed Independent evaluators issue a determination on completeness. If a proposal is incomplete (missing attachments) and/or incorrectly formatted, the applicant will be notified by email and have 48 hours to rectify issues and resubmit the proposal.

June 6, 2025 Remedy Window for Completeness Applicants who do not respond and/or fail to satisfy identified issues within the allotted remedy window will be disqualified from this cycle. *Monday Deadline

June 9, 2025 Final Completeness Findings Distributed Applicants will be notified of final completeness findings and eligibility to progress to Stage 2.

June 13, 2025 Stage 2 Threshold Quality Review

Threshold Quality Review Begins Independent evaluators assess 5-7 critical elements of each proposal against the published Stage 2 evaluation criteria found in the application. June 16, 2025 Initial Stage 2 Threshold Quality Review Findings Distributed Applicants will be notified via email of initial Stage 2 findings. Applicants should refer to Guidance when developing a response. *Monday Notification July 7, 2025 Applicants Response to Initial Stage 2 Evaluator Feedback Applicants who do not respond by the 3:00 p.m. deadline will be disqualified from this cycle. July 28, 2025 Secondary Stage 2 Threshold Quality Review Begins Independent evaluators assess responses to initial Stage 2 feedback August 1, 2025 Final Stage 2 Findings Distributed Applicants are notified by MCSAB of final Stage 2 findings and eligibility to progress to Stage 3. Applicants found to be ineligible to move to Stage 3 will receive final summary findings and may apply again in future cycles. August 15, 2025 Application Committee/Special Called Meeting Tentative August 18, 2025

Call for Quality Schools Stage 3

Complete Proposal Review Begins Independent evaluation teams review each proposal against the Stage 3 criteria.

August 18, 2025 Invitation to Capacity Interview All applicants that meet the necessary criteria will be invited by MCSAB to a capacity interview. Applicants not invited to a capacity interview will receive their final recommendation report at this time. September 19, 2025 Capacity Interviews September 22-26, 2025 Public Hearing – Public Comment Period TBD

Call for Quality Schools Timeline 2026 3

Post Capacity Interview Evaluation Team Recommendation. MCSAB notifies applicants of post interview recommendation. Friday Notification October 3, 2025 Final Applicant Response to Final Recommendation Due Applicants may submit a three-page written response to the post interview recommendation. Refer to guidance. October 10, 2025 Independent Evaluator Review Begins Review of applicant response October 13, 2025 Final Independent Evaluator Report and Recommendation MCSAB Application Committee Meets Committee meets to review and receive recommendation from evaluator October 20, 2025 Call for Quality Schools Decisions MCSAB ~ Final decision to approve or deny proposals submitted during the 2025 Call for Quality Schools Cycle October 27, 2025 Board Meeting

Letter of Intent and Eligibility

August 8, 2025 Letter of Intent Packets Due to MCSAB MCSAB staff and/or its external evaluator will review the Letter of Intent for each applicant. Conversion schools must submit their proof of support at this time. Letter of Intent packets must be prepared using the template provided and submitted via the online portal. (See SAMPLE Letter of Intent).

September 8, 2025 Eligibility Determination Notification The eligibility of an applicant team is determined by the successful submission of the mandatory Letter of Intent and the required accompanying documentation. Applicants will be notified of their eligibility via email. Applicants deemed ineligible will be disqualified from submitting a full proposal during this cycle.

September 12, 2025 Eligible Applicant Orientation Webinar Eligible applicants will receive an invitation to a webinar that provides a more detailed explanation of the evaluation process, a high-level walk- through of the evaluation criteria, and time for applicants to ask October 17, 2025

Call for Quality Schools Timeline 2026 4 questions. The webinar will be recorded and available for eligible applicant on demand viewing.

Call for Quality Schools Stage 1 Completeness Check

January 26, 2026 Initial Completeness Findings Distributed Independent evaluators issue a determination on completeness. If a proposal is incomplete (missing attachments) and/or incorrectly formatted, the applicant will be notified by email and have 48 hours to rectify issues and resubmit the proposal.

February 13, 2026 Remedy Window for Completeness Applicants who do not respond and/or fail to satisfy identified issues within the allotted remedy window will be disqualified from this cycle. *Monday Deadline February 16, 2026 Final Completeness Findings Distributed Applicants will be notified of final completeness findings and eligibility to progress to Stage 2.

February 27, 2026 Stage 2 Threshold Quality Review

Threshold Quality Review Begins Independent evaluators assess 5-7 critical elements of each proposal against the published Stage 2 evaluation criteria found in the application. March 2, 2026 Initial Stage 2 Threshold Quality Review Findings Distributed Applicants will be notified via email of initial Stage 2 findings. Applicants should refer to Guidance when developing a response. March 20, 2026 Applicants Response to Initial Stage 2 Evaluator Feedback Applicants who do not respond by the 3:00 p.m. deadline will be disqualified from this cycle. *Monday Deadline April 13, 2026 Secondary Stage 2 Threshold Quality Review Begins Independent evaluators assess responses to initial Stage 2 feedback April 17, 2026 Final Stage 2 Findings Distributed Applicants are notified by MCSAB of final Stage 2 findings and eligibility to progress to Stage 3. Applicants found to be ineligible to move to Stage 3 will receive final summary findings and may apply again in future cycles. May 1, 2026 Application Committee/Special Called Meeting Tentative May 6, 2026

Call for Quality Schools Stage 3

Complete Proposal Review Begins

Call for Quality Schools Timeline 2026 5 Independent evaluation teams review each proposal against the Stage 3 criteria. May 8, 2026 Invitation to Capacity Interview All applicants that meet the necessary criteria will be invited by MCSAB to a capacity interview. Applicants not invited to a capacity interview will receive their final recommendation report at this time. June 5, 2026 Capacity Interviews June 15 – 19, 2026 Public Hearing – Public Comment Period

TBD Post Capacity Interview Evaluation Team Recommendation. MCSAB notifies applicants of post interview recommendation. Friday Notification June 26, 2026 Applicant Response to Final Recommendation Due Applicants may submit a three-page written response to the post interview recommendation. Refer to guidance. July 10, 2026 Independent Evaluator Review Begins Review of applicant response July 13, 2026 Final Independent Evaluator Report and Recommendation MCSAB Application Committee Meets Committee meets to review and receive recommendation from evaluator July 20, 2026 Call for Quality Schools Decisions MCSAB ~ Final decision to approve or deny proposals submitted during the 2026 Call for Quality Schools Cycle July 27, 2026 Board Meeting

Part 424 Charter School Merger Process and Application

10 Miss. Admin. Code Pt. 424 Charter School Merger Process and Application

Title 10: Education Institutions and Agencies

Part 424: Charter School Merger Process and Application

Part 424, Chapter 1: Charter School Merger Guidance and Application Process

Source: Miss. Code Ann. § 37-28-9.

Charter School Merger Guidance and Application Process

Merger Request Application Non-Profit Organization(s): ______________________________________________________________

Name of School(s) Affected by Request: __________________________________________________

Board President(s)/Chairperson(s): _______________________________________________________

Current Contract Terms (by school): ______________________________________________________

Date of Board Meeting(s) and Board Minutes Approving the Merger:

Submission Instructions: Applications are due no later than close of business on January 5 th

the year before the planned merger. If that date falls on the weekend, the application will be due no later than close of business the following Monday. Completed applications should be emailed to charterschoolssupport@mcsab.ms.gov. Completed applications should not exceed 50 pages. For applications submitted in 2024, the due date shall be February 5, 2024. Merger: A merger occurs when two or more existing nonprofit corporations combine, with the corporate existence of one of the nonprofit corporations continuing as the surviving corporation while the corporate existence of the other nonprofit corporation terminates or when two public charter schools as Local Education Agencies (“LEA(s)”) under the same nonprofit corporation seek consolidation. MCSAB will consider consolidations that are solely contractual when appropriate.

Merger requests will be considered for approval during the regularly scheduled April board meeting the year before the planned merger.

Merger Timeline: In order to accommodate MDE deadlines, mergers will go into effect on July 1 st approximately 18 months after the application is due. (For example, if the planned merger is for July 1, 2026 (FY2027), the application would be due January 5, 2025) See Exhibit A for a list of MDE deadlines associated with this process.

If nonprofit governing boards are merging during this process, applicants must comply with Mississippi Code Annotated Section 79-11-319 through 79-11-327. The Authorizer strongly recommends that each merging entity seek legal advice regarding the merger.

Prior to January 5 of the year before the planned merger School governing board(s) take action to merge; compliance with nonprofit merger laws, if applicable January 5 of the year before the planned merger Application due to Authorizer April Authorizer Board Meeting, the year before the planned merger Merger approved or denied July 1, the year of the planned merger Approved merger effective, Articles of merger filed with SOS (if applicable), new school contract effective

Objective.

The objective of the merger application is to provide the Authorizer with details that support the applicants’ rationale for merging. The application also provides information about the schools and explains how the proposed merger will impact school configurations, governance, community, finance, academic policies, programming, and staff. Because each school merger presents unique circumstances, the Authorizer may ask for additional information and/or documentation in order to complete its review of the Merger Application. Section A. Executive Summary. (narrative not to exceed 3 pages)

Provide a brief summary of the proposed merger.
Address the rationale for merging by addressing each of the following guiding questions through narrative:
1. How will merging benefit students?
2. How will merging affect the mission and vision of the school?
3. How will merging improve the governing boards’ capacity to govern the schools?
4. How will merging improve the schools’ operations and finances?
5. What additional benefits are anticipated as a result of a merger?
Indicate any anticipated challenges resulting from the merger and how those challenges will be addressed.

Section B. Nonprofit Entity Configuration.

Provide a copy of the minutes of each nonprofit governing board showing approval of the merger.

a. If applicable, provide a copy of the Plan of merger as required by Miss. Code Ann. Section 79-11-319. The plan must detail the transfer of all assets and liabilities (physical and monetary) of each nonprofit corporation being merged and must specify that no liabilities are being avoided, and no assets are removed by merging existing nonprofit corporations. b. If not merging nonprofit corporations, provide a plan that details the transfer of all assets and liabilities (physical and monetary) to the surviving LEA. This plan must specify that no liabilities are being avoided and no assets are removed by merging existing LEAs.

Section C. School Configuration.

Use the table below to describe the current configurations and proposed changes of each school affected by the merger. Add rows to table as needed.

School Name Current Grades Offered Maximum Approved Grades Current Enrollment Maximum Approved Enrollment Proposed Changes Post Merger School 1 School 2 School 3

Describe any changes to recruitment and enrollment policies.

Section D. Governance

Use the table below to describe the board configuration post-merger. Add rows to the table as needed. If any board members of the merged school are not previous board members of another school, please provide background information on those individuals.

School Name Name of Current Board Members Name of Board Member Post- Merger with contact information Position of Board Members Post- Merger (e.g., Chair, Treasurer, Member) Terms of Board Members Post- Merger School 1 School 2 School 3

Provide the following Governing Board materials for the proposed merged nonprofit entity:
1. Bylaws and
2. Meeting calendar
Describe any additional anticipated impact on school governance post-merger.
Provide evidence of resultant board capacity to oversee merged schools.
Describe any proposed changes to any education service provider contracts (for charter schools with CMOs, partner entities, or school design providers) including, but not limited to:
1. Changes to fees,
2. Changes to services provided,
3. Contract consolidation, and/or
4. Relationship between school and nonprofit entity.

Section E. School Community

Describe the outreach/engagement conducted up to this point to solicit the community’s feedback on the proposed merger.
Provide evidence of community feedback (including results) received thus far.

Section F. Finance

Provide a five-year budget projection for the merged school.
Provide a first-year cash flow projection for the merged school.
Describe any impact of the proposed merger on:
1. Accounting software,
2. Administrative functions (front office and back office),
3. Policy and Procedure Manual,
4. Food, transportation, and health services,

Purchasing and contracting,
Insurance,
Dissolution procedures, and
Financial audits, including single audits.

4. If applicable, provide a corrective action plan addressing any annual financial audit

finding(s) from the past two years from all entities.

5. Provide a copy of the most recent management letter received from each school by its

independent auditor, along with documentation of steps taken to resolve each deficiency

raised in the letter.

6. If applicable, provide a narrative addressing steps taken to resolve any issues raised on

the last performance framework for each school.

Section G. Academic Policies and Programming

Describe how merging will affect students in regards to:

Discipline policies, including those for special education students,
Transfer of students between schools,
Academic programming and alignment with state standards and current school model,
Instructional design, type of learning environment, class size and structure, curriculum overview, and teaching methods,
Provision of academic program to at risk students (including provision of services to students with disabilities, English Language Learners, students who are academically behind and gifted students),
Co-curricular and/or extracurricular programs and how those programs will be funded and delivered, and
Any additional anticipated impact on students post-merger. Section H. Staff
Describe how merging will affect staff in regards to:
1. The hiring/termination processes,
2. Utilization of staff at merged school, and
3. Any additional anticipated impact on staff post-merger.
Provide proof that the merged school will retain sufficient staffing to implement key design elements of the school’s mission/vision.
Provide certifications of all teachers and an analysis of how the merged school will comply with the certification requirements in Miss. Code Ann. § 37-28-47.

I certify that I have the authority to submit this Merger Request Application and that all the information contained herein is complete and accurate. I understand that a merger of schools is not effective until the Charter School Authorizer Board approves the merger and the appropriate filings have been made with the Mississippi Secretary of State’s Office, if applicable, and the Mississippi Department of Education. I also understand that upon approval by the Authorizer Board, I must also sign a new charter contract for the merged school in order for this merger to be effective. Additional signature lines may be added as needed. Signature of Board President/Chairperson (School 1):

Date: ___________________

Signature of Board President/Chairperson (School 2):

Date: ___________________

Signature of Board President/Chairperson (School 3):

Date: ___________________

Exhibit A. MDE Deadlines

• June, the year before the planned merger: preliminary enrollment data for first year of operation due to the Office of School Financial Services. • December, the year before the planned merger: Final enrollment data for first year of operation due to the Office of School Financial Services.

*There may be deadlines not listed here for any of the following MDE program offices, please contact them in order to verify deadlines and information needed:

• Office of Accreditation • Data Analysis and Reporting • Core School Applications • Program Evaluation & Public Reporting • Office of School Improvement • Office of Grants Management • Office of School Financial Services

Part 429 Charter School Pre-Kindergarten Program Policy

Chapter 1 Charter School Pre-Kindergarten Program Policy

10 Miss. Admin. Code Pt. 429, R. 1.1 Funding

Any charter school may accept any funding through the State of Mississippi and/or the Mississippi Department of Education (MDE) to fund a pre-kindergarten program. This includes any State-Invested Pre-K (SIP) programs, any Early Learning Collaborative (ELC) programs, and any other type of funding that may become available.

History

Source: Miss. Code Ann. Section 37-28-9 and 59(2).

10 Miss. Admin. Code Pt. 429, R. 1.2 Contract Amendment

Any charter school awarded funding for a pre-kindergarten program shall amend their charter contract to include the pre-kindergarten program on the school’s Grade Level Enrollment Projection Table prior to expending any funds. If the availability of pre-kindergarten funding ceases, the charter school shall amend their charter contract to remove the pre-kindergarten program from the school’s Grade Level Enrollment Projection Table at the next regular meeting of the Mississippi Charter School Authorizer Board (MCSAB).

History

Source: Miss. Code Ann. Section 37-28-9 and 59(2).

10 Miss. Admin. Code Pt. 429, R. 1.3 Expansion Not Required

Any charter school awarded funding for a pre-kindergarten program that does not have pre-kindergarten as part of their current contract terms or as part of the original school model in the school’s application is not required to submit an expansion application under 10 Mississippi Administrative Code Part 405.

History

Source: Miss. Code Ann. Section 37-28-9 and 59(2).

10 Miss. Admin. Code Pt. 429, R. 1.4 Agreement with MDE

MCSAB may enter into written agreements with MDE to provide for funding, oversight, monitoring, and data-sharing for any charter school pre- kindergarten programs.

History

Source: Miss. Code Ann. Section 37-28-9 and 59(2).

COMMISSION ON COLLEGE ACCREDITATION COMMISSION ON COLLEGE ACCREDITATION

Part 201 Standards and Regulations of the Mississippi Commission on College Accreditation

10 Miss. Admin. Code Pt. 201 Standards and Regulations of the Mississippi Commission on College Accreditation

Standards and Regulations for State Authorization of Academic Degree- Granting Postsecondary Institutions

The Mississippi Administrative Code Title 10: Education Institutions and Agencies Part 201: Standards and Regulations of the Mississippi Commission on College Accreditation

Adopted December 2, 1982 Edited June 1987, May 1990 Revised February 1998 June 2005 October 2007 July 2010 December 2011 July 2012 August 2015 March 2023 December 2023 March 2025

Contents CHAPTER 1: PURPOSE, ORGANIZATION, AND POWERS......................................5 1.1 Commission Purpose ......................................................................................................... 5 1.2 Power and Authority of the Commission ........................................................................... 5 1.3 Commission Membership .................................................................................................. 6 1.4 Commission Staff .............................................................................................................. 6 CHAPTER 2: POLCIES GOVERNING ACTIVITY OF THE COMMISSION.................7 2.1 Meetings of the Commission ............................................................................................. 7 2.2 Locations of Meetings ....................................................................................................... 7 2.3 Commission Meeting Agenda ............................................................................................ 7 2.4 Member Voting .................................................................................................................. 7 2.5 Minutes of Commission Meetings ..................................................................................... 7 2.6 Commission Officers and Their Selection .......................................................................... 8 2.7 Commission Administrative Procedures............................................................................. 8 2.8 Distribution of Standards and Regulations ......................................................................... 8 2.9 Access to Commission Records ......................................................................................... 8 2.10 Listing of Approved Institutions and Entities ................................................................... 10 2.11 Institutions and Entities Not Authorized to Operate in Mississippi ................................... 10 CHAPTER 3: REGULATIONS AND PROCEDURES..............................................12 3.1 Eligibility for Operating in Mississippi ............................................................................ 12 3.2 Exemptions...................................................................................................................... 13 3.3 Physical Presence......................................................................................13 3.4 Authorization for Non-SARA Online Programs...................................................14 3.5 Distance Education .......................................................................................................... 15 3.6 Student Verification...................................................................................15 3.7 Authorization for Non-SARA Distance Education Programs...................................15 3.8 Authorization to Operate in Mississippi ........................................................................... 16 3.9 New In-State Institutions and Entities .............................................................................. 17 3.10 Use of Institution Name ................................................................................................... 18 3.11 Fees ................................................................................................................................ 18 3.12 Authorization and Conditional Approval ......................................................................... 19 3.13 Changes Requiring Notice or Approval...........................................................21 3.14 Institutions/Entities Closure........................................................................23 3.15 Academic Records Maintenance and Protection.................................................24 3.16 Complaints.............................................................................................25 3.17 Penalties, Limitations, Administrative Injunction................................................25

3.18 Appeal of Commission Decision to Deny or Revoke Approval ....................................... 26 3.19 Oral Proceeding .............................................................................................................. 26 3.20 Requests for Declaratory Opinions ................................................................................. 28 CHAPTER 4: STANDARDS ................................................................................................... 33 4.1 Legal Compliance .............................................................................................................. 33 4.2 Governance ........................................................................................................................ 33 4.3 Qualifications of Institutional Officers ................................................................................ 33 4.4 Distinction of Roles ............................................................................................................ 34 4.5 Financial Resources and Stability ....................................................................................... 34 4.6 Financial Records ............................................................................................................... 34 4.7 Institutional Assessment ..................................................................................................... 35 4.8 Program Evaluation ............................................................................................................ 35 4.9 Student Admissions and Remediation ................................................................................. 35 4.10 Faculty Qualifications....................................................................................................... 36 4.11 Faculty Size ...................................................................................................................... 37 4.12 Curriculum ....................................................................................................................... 37 4.13 General Education ............................................................................................................ 38 4.14 Credit for Work Completed Outside a Collegiate Setting .................................................. 38 4.15 Learning Resources .......................................................................................................... 39 4.16 Facilities ........................................................................................................................... 39 4.17 Academic Records ............................................................................................................ 40 4.18 Accurate and Fair Representation in Publications, Advertising, and Promotion ................ 41 4.19 Student Services ................................................................................................................ 42 4.20 Student Rights and Responsibilities ................................................................................... 42 4.21 Health and Safety .............................................................................................................. 43 4.22 Learning Outcomes .......................................................................................................... 43 ADDITIONAL ITEMS......................................................................................44 Appendix A: Data Reporting- Mississippi SARA Institutions Only.....................................45 Appendix B: Provisional Approval..........................................................................46 Appendix C: Nursing Education............................................................................47 Appendix D: Other Regulatory Matters....................................................................49

MCCA Standards and Regulations Page 5 5

CHAPTER 1: PURPOSE, ORGANIZATION, AND POWERS

1.1 Commission Purpose A. The Mississippi Commission on College Accreditation is responsible for the administration of the Mississippi Commission on College Accreditation Law, Title 37, Chapter 60, Mississippi Code of 1972, as amended.

The Commission shall have the power and authority, and it shall be its duty, to authorize and maintain an approved list of all public and private postsecondary, academic degree-granting institutions or any other entities domiciled, incorporated, or otherwise located in the State of Mississippi which offer postsecondary academic degrees, programs, or coursework. For purposes of Title 37, Chapter 60, Mississippi Code of 1972, “domiciled” shall mean conducting postsecondary academic activity, including field placements, within the State of Mississippi. Postsecondary academic degrees include, but are not limited to, associate, bachelor, masters, and doctorate degrees.

Definitions
Academic degree or program or coursework shall mean a course of study leading

to a for-credit credential including a degree, certificate, or other generally

recognized credential.

b. An entity shall mean bible college, seminary, religious affiliated institution, or any other specialized institution providing instruction that satisfy requirements leading to a for-credit credential

1.2 Power and Authority of the Commission A. To adopt standards which are in keeping with the best educational practices in accreditation; B. To establish rules and regulations for implementing institution or entity approval processes; C. To receive reports from the institutions or entities seeking to be placed on the approved list; D. To annually review the above-described public and private postsecondary, academic degree-granting institutions or entities; E. To authorize and maintain an approved list of public and private postsecondary, academic degree-granting institutions and other entities which offer one or more postsecondary academic degrees and are domiciled, incorporated, or otherwise located in Mississippi; F. To establish fees to be paid by participating institutions or entities to cover the Commission’s direct and indirect administrative costs incurred by the Commission of the Board of Trustees of State Institutions of Higher Learning on the Commission’s behalf; G. To execute site visits when deemed necessary by the Commission;

MCCA Standards and Regulations Page 6 6

To appoint evaluation teams;
To prescribe duties necessary to carry out the responsibilities of the Commission;
To request the State Attorney General or district attorneys to act on its behalf in

bringing court action; and

K. To enter into and administer interstate reciprocity agreements that allow

Mississippi institutions or entities to offer postsecondary distance education.

Exempt from MCCA A. Proprietary schools and colleges subject to regulation under Miss. Code Ann. ⸹ 75-60-1 et. Seq. (Commission on Proprietary School and College Registration (CPSCR) –career/occupational schools); B. Entities under jurisdiction of the State Board of Cosmetology and Barbering, State Board of Massage Therapy; C. Tuition free courses or instruction conducted by employers exclusively for their own employees; and D. Entities that offer instruction in subjects that are determined to be primarily for personal improvement or cultural purposes and that do not represent to the public that the course of study or instruction will or may produce income for those who take that course of study or instruction; or that the course of study or instruction is transferable to an academic degree granting, accredited institution of higher education.

1.3 Commission Membership Pursuant to HB 3 from the 2025 legislative session, effective July 1, 2025, the Commission shall be composed of the Executive Director of the Mississippi Community College Board, the Commissioner of Higher Education, the Executive Director of the Mississippi Alliance of Independent Colleges and Universities or their designees, and four additional members representing institutions that are part of the Mississippi Association of Colleges and Universities to be selected by the current MCCA Commissioners, one who shall represent the public community colleges, one who shall represent the public universities, one who shall represent the private colleges, and one who shall represent the proprietary schools. The latter four members shall each serve for a term of three years.

1.4 Commission Staff The Mississippi Institutions of Higher Learning appoints such staff as is required for the performance of the Commission’s duties and provides necessary facilities for the Commission’s operation. The administrator for the Commission is the IHL Director of Regulatory Affairs (henceforth “the Director.”) Source: Miss. Code Ann. § 37-101-241 and § 37-101-243 (1972, as amended).

MCCA Standards and Regulations Page 7 7

CHAPTER 2: POLICIES GOVERNING ACTIVITY OF THE COMMISSION

2.1 Meetings of the Commission The Commission will meet annually prior to July 1. Additional meetings may be scheduled or called, as necessary, by the chair of the Commission.

2.2 Locations of Meetings Regularly scheduled meetings and called meetings of the Commission shall take place in the Paul B. Johnson Building, 3825 Ridgewood Road, Jackson, MS 39211. Commission members may be provided with access to participate via teleconference.

2.3 Commission Meeting Agenda A. The Commission Chair and Director shall confer and prepare the agenda for Commission meetings.

B. Any Commission member may place items on the agenda.

C. All requests for items to be placed on the agenda must be received by the Director at least twelve (12) days prior to the Commission meeting.

D. The Commission will only consider matters not on the agenda when a majority of the Commission is present and voting concurs that an additional item be included.

2.4 Member Voting A. A quorum of at least three (3) Commission members must be present for the Commission to conduct its business.

B. A Commission member present may vote for or against any motion, or the member may abstain. Voting by proxy is not permitted.

C. Minutes of Commission meetings shall reflect the vote of each member on each matter. A unanimous vote may be reflected.

2.5 Minutes of Commission Meetings A. Minutes of all Commission meetings shall be the responsibility of the Director.

B. The Director may secure such assistance as necessary for the preparation of the minutes.

MCCA Standards and Regulations Page 8 8

C. If the Director does not participate in a Commission meeting for whatever reason, the Commission Secretary shall record and prepare the minutes.

D. Proposed Commission meeting minutes shall become the official minutes upon approval by the Commission.

E. Approved minutes will be on file in the office of the Director.

2.6 Commission Officers A. There shall be the following officers for the Commission: Chair, Vice Chair, and Secretary [Mississippi Code 1972, as amended §37-101-241(2).]

B. Officers shall be affirmed at the annual meeting, with terms to commence prior to July 1 each year (or commence on July 1 of each year).

2.7 Commission Administrative Procedures A. When the Commission adopts, amends, or repeals any of its standards and regulations, the Director shall file with the Secretary of State notice of such action and provide notice as required.

B. Notice of such action shall be filed at least thirty (30) days prior to the 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 thirty (30) day notice. Thereafter, when the Commission adopts a rule, amendment, or repeal, the Director shall file with the Secretary of State a certified copy of the rule, amendment, or repeal. The action shall be final thirty (30) days after the filing of the certified copy with the Secretary of State.

2.8 Distribution of Standards and Regulations Hard copies of the standards and regulations for the Commission are available to the public for a nominal fee. Copies are available from:

Mississippi Commission on College Accreditation 3825 Ridgewood Road Jackson, MS 39211

2.9 Access to Commission Records A. Pursuant to the Mississippi Public Records Acts of 1983 (the "Act"), effective from and after July 1, 1983, the Commission hereby adopts the following standards and regulations with respect to such records as may be in its possession. Such standards and regulations are applicable to and shall govern the right to inspect, copy, reproduce, or obtain a reproduction of any public records in the possession of the Commission.

MCCA Standards and Regulations Page 9 9

B. Except where prohibited by law, any person shall have the right to inspect or obtain reproductions of any public record of the Commission.

C. The right to inspect public records shall be invoked by a written request. Written notification of the time, place, and method of access shall be provided in accordance with section 25-61-5 of the Mississippi code.

D. Any person wishing to inspect or copy public records must make the request in writing to the Commission and must clearly identify the specific information sought. The request must specify whether the reproductions are to be mailed or received in person. Copies of public records will be available for a nominal fee. All requests should be dated and include the name of the requestor, address of the requestor, and current contact information for the requestor. Any response by the Commission for a request for access to records will be forwarded to the requesting party within seven (7) working days of the receipt of such request. If the Commission is unable to produce the requested record within seven working days after the request is made, a written explanation will be provided to the requestor(s) stating that the record will be produced and specifying with particularity why the record(s) cannot be produced within the seven-day period. In no event shall the date for the Commission’s production of requested records be any later than fourteen (14) working days from receipt by the Commission of the original request, unless there is a mutual agreement between the parties.

E. Denial by the Commission of a request for access to or copies of public records shall be in writing and shall contain a statement specifying the denial. A file of all denials of requests for public records will be maintained by the Commission for a period of no less than three (3) years from the date such denials are made.

F. Recipient(s) will be assisted by a staff member at a charge not to exceed actual costs. Actual costs for search, review and/or possible redaction of information by a staff member will be based upon the hourly rate of compensation for the lowest paid agency employee qualified to perform the task and multiplied by the actual time utilized to complete the task. Recipient(s) will be charged fifteen cents per page for standard black and white photocopies. For all nonstandard photocopies, actual costs of reproduction will be assessed to recipient(s). Records will be available for inspection and copying by appointment during regular working hours, 8:00 a.m. – 5:00 p.m., Monday through Friday, holidays excluded.

G. Recipient(s) will submit a check or money order to the staff prior to receiving material. This amount must cover the actual cost of the staff member's assistance, copying fees, mailing fees, and/or any associated reproduction fees. Recipient(s) desiring information by mail will be charged actual mailing costs in addition to those costs set forth in Standard D.

MCCA Standards and Regulations Page 10 10

H. Adequate space to inspect requested records will be provided at no cost, if available. Recipient(s) will be provided with requested records by a staff member but no more than one recipient at a time.

I. The provisions of section 2.9 do not apply to Mississippi government officials, state legislators, or state agencies.

2.10 Listing of Approved Institutions and Entities A. The Commission shall maintain an approved list of all public and private postsecondary, academic degree-granting institutions or any other entities domiciled, incorporated, or otherwise located in Mississippi which offer postsecondary academic degrees, programs, or coursework. Domiciled shall mean conducting postsecondary academic activity, including field placements, within the state of Mississippi.

B. Academic degree or program or coursework shall mean a course of study leading to a for- credit credential including a degree, certificate, or other generally recognized credential.

C. An entity shall mean bible college, seminary, religious affiliated institution, or any other specialized institution providing instruction that satisfy requirements leading to a for-credit credential.

D. The list will be available for download from http://www.mississippi.edu/mcca/. Hard copies of this list will be available to the public for a nominal fee. Copies are available from:

Mississippi Commission on College Accreditation 3825 Ridgewood Road Jackson, MS 39211

E. The provisions of section 2.10 do not apply to Mississippi government officials, state legislators, or state agencies.

2.11 Institutions and Entities Not Authorized to Operate in Mississippi A. The Commission will maintain a list of institutions and entities that are not authorized to offer postsecondary academic degrees, programs, or coursework in Mississippi. This list is not exhaustive as it contains only those who have been denied approval to offer postsecondary academic degrees, programs, or coursework in Mississippi.

B. The list will be available for download from http://www.mississippi.edu/mcca/. Hard copies of this list will be available to the public for a nominal fee. Copies are available from:

MCCA Standards and Regulations Page 11 11

Mississippi Commission on College Accreditation 3825 Ridgewood Road Jackson, MS 39211

C. The provisions of section 2.11 do not apply to Mississippi government officials, state legislators, or state agencies.

MCCA Standards and Regulations Page 12 12

CHAPTER 3: REGULATIONS AND PROCEDURES

3.1 Eligibility for Operating in Mississippi A. The Commission authorizes and maintains an approved list of all public and private postsecondary, academic degree-granting institutions or other entities domiciled, incorporated, or otherwise located in the State of Mississippi which offer postsecondary academic degrees, programs, or coursework. Postsecondary academic degrees include but are not limited to associate, bachelor, masters, and doctorate degrees.

B. Domiciled shall mean conducting postsecondary academic activity, including placements, within the State of Mississippi.

C. Field placements shall mean site-based learning activities (e.g., clinicals, internships, student teaching, practicum, field-based experiences, etc.) in settings (e.g., hospitals, schools, businesses, etc.) in which candidates are working with patients, children, teachers, principals, etc. in Mississippi and are observed/assisted/evaluated by supervisors, preceptors, coaches, teachers, principals, or other individuals to determine that course and/or program requirements have been addressed.

D. Academic degree or program or coursework shall mean a course of study leading to a for-credit credential including a degree, certificate, or other generally recognized credential.

E. An entity shall mean bible college, seminary, religious affiliated institution, or any other specialized institution providing instruction that satisfy requirements leading to a for-credit credential.

Examples of otherwise located include but are not limited to:
Maintaining a telephone number with a Mississippi area code;
Maintaining a postal address (either physical or PO Box) with a

Mississippi zip code;

c. Maintaining an Internet URL which originates in Mississippi or utilizes an

ISP which is based in Mississippi

d. Advertising that the institution or entity is or will be domiciled,

incorporated, or otherwise located in Mississippi.

G. For consideration by the Commission, an institution or other entity must demonstrate the potential to comply with all Commission statutes, standards and regulations, policies, and procedures including institutional accreditation by a United States Department of Education (USDE) recognized accrediting agency.

H. Institutional accreditation must be maintained and where available, a recognized USDE programmatic accreditation must be sought and maintained.

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I. Institutions or other entities must submit to the Commission documentation of good standing and valid institutional accreditation and, where applicable, programmatic accreditation.

J. The Commission recognizes institutional accrediting agencies and programmatic accrediting agencies recognized by the United States Department of Education (USDE).

K. An institution or other entity meets the requirements set forth in this chapter if it is a participant in good standing with the National Council for State Authorization Reciprocity Agreements (NC-SARA). Notwithstanding such recognition or if the institution or entity falls outside the scope of the State Authorization Reciprocity Agreements (SARA), the institution or entity must satisfy MCCA standards and regulations for state authorization and any relevant Mississippi requirements governing programs leading to licensure or certification.

3.2 Exemptions Exemptions include: A. Proprietary schools and colleges subject to regulation under Miss. Code Ann. ⸹ 75-60-1 et. Seq. (Commission on Proprietary School and College Registration (CPSCR) – career/occupational schools); B. Entities under jurisdiction of the State Board of Cosmetology and Barbering, State Board of Massage Therapy; C. Tuition free courses or instruction conducted by employers exclusively for their own employees; and D. Entities that offer instruction in subjects that are determined to be primarily for personal improvement or cultural purposes and that do not represent to the public that the course of study or instruction will or may produce income for those who take that course of study or instruction; or that the course of study or instruction is transferable to an academic degree granting, accredited institution of higher education.

3.3 Physical Presence For the purpose of state authorization, an institution or entity has physical presence and therefore must seek authorization to operate in Mississippi if it engages in any of the following activities in Mississippi:

A. Establishes a physical location for students to receive synchronous or asynchronous instruction; B. Requires students to physically meet in a location for instructional purposes more than twice per full-term (quarter or semester) course for a total of more than six hours; C. Establishes an administrative office in Mississippi; D. Provides information to students for the purpose of enrolling students, advising students, administrating exams, recruiting students, or providing student support services (or any other services to prospective or current students) from a physical site operated by or on behalf of the institution or entity in Mississippi, or partners or

MCCA Standards and Regulations Page 14 14

contracts with a third-party provider or other entity located in Mississippi to provide

information to students for the purpose of enrolling students, advising students,

administrating exams, recruiting students, or providing student support services (or any

other services to prospective or current students);

Offers a short course that requires more than 20 contact hours in one six-month period;
Provides physical office space to instructional or non-instructional staff;
Maintains a mailing address or phone exchange in Mississippi;
Carries out field study or field research located at a field station, research station or

other physical site at which a faculty member or other institutional or any other entity

employee or contractor supervises or otherwise directs two or more students in an

activity exceeding the allowable short course length (refer to Standard E) and which

either bears academic credit or is a requirement for the course or program;

I. Operates career or information booths at fairs or other public gatherings in Mississippi;

J. Presents institutional or any other entity information at secondary schools,

postsecondary schools, or other entities in Mississippi;

K. Advertises in local media or publications that originate in Mississippi.

Establishing a physical presence in Mississippi will require initial and annual approval.

For the purpose of distance education, should a Non-SARA institution or entity offer distance education to Mississippi residents, Commission approval is required. Initial and annual approval is required.

For the purpose of placements, field placements include but not limited to clinicals, internships, student teaching, practicum, field-based experiences, etc. in settings (e.g., hospitals, schools, businesses, etc.) in which candidates are working with patients, children, teachers, principals, etc. in Mississippi and are observed/assisted/evaluated by supervisors, preceptors, coaches, teachers, principals, or other individuals to determine that course and/or program requirements have been addressed. Institutions or entities offering field placements in Mississippi are required to apply for Commission approval. Institutions or entities are required to apply for the current academic year.

3.4 Unaccredited Institutions and Entities A. Distance education providers must be accredited and in good standing with an accrediting agency that is approved by the United States Department of Education (USDE).

B. No unaccredited institution/entity or institution/entity accredited by an unapproved USDE accrediting agency may offer distance education in Mississippi or to Mississippi residents for academic credit or a degree.

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3.5 Distance Education The Commission adopts the definition of distance education by the United States Department of Education as authorized by the Higher Education Act of 2008.

a. Distance education is education that uses one or more of the following technologies in providing educational content to students: i. The Internet; or ii. One-way/two-way transmissions through open broadcast, cable microwave, broadband lines, fiber optics, satellite or wireless communication devices, audio conferencing; or iii. Video cassettes, DVDs, CD-ROMs, or other media used in conjunction with any of the above technologies.

3.6 Student Verification Institutions or any other entities offering distance education shall have a policy or process in place that establishes that the student who registers in a distance education program and/or course is the same student participating in and completing the course and/or program and receiving academic credit.

3.7 Authorization for Non-SARA Distance Education Programs A. Out-of-state academic degree-granting postsecondary educational institutions or any other entities that offer courses and/or programs via distance education from their locations outside the borders of Mississippi are required to apply for Commission approval.

B. The Commission will not consider a college or university or any other entity that in the two (2) years preceding submission of an application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state or that has substantially the same owners, governing board, or principal officers as a college, university, or any other entity.

C. Institutions or any other entities must submit the initial application, supporting documentation, and fees. Institutions or any other entities shall submit the initial application, supporting documentation, and fees. Applicants must submit a written request for an application.

D. Institutions or any other entities must provide the annual report application, supporting documentation, and fees. Applicants must submit a written request for an application.

E. If an institution or entity requires approval from another Mississippi agency, the institution or entity shall provide documentation of the approval to the Commission.

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F. The Commission may request additional information needed to make a determination regarding an application. If any section of any application is deemed insufficient or inappropriate, the applicant shall receive written notification after the Commission meets.

G. At the discretion of the Commission, if an application is denied, the institution or entity may appeal or reapply during the following annual reporting period or later.

H. The Commission may consider initial and/or annual report applications at its annual meeting.

3.8 Authorization to Operate in Mississippi A. Registration with the Mississippi Secretary of State (SOS) Business Services Division is required; however, such registration alone does not constitute state authorization or approval to grant degrees or offer courses or programs or instruction leading to a for-credit credential including a degree, certificate, or other generally recognized credential.

B. Prior to offering instruction, courses, or degree programs at or above the associate level in Mississippi, the institution or entity shall submit an application, supporting documentation, and fees to the Commission.

C. Field placements are exempt from Standard A. However, prior to offering field placements, the institution or entity shall submit an Experiential Learning Placement Application, supporting documentation, and fee to the Commission. The Commission may consider applications for field placements at its scheduled, called, and/or annual meetings. Field placements shall mean site- based learning activities (e.g., clinicals, internships, student teaching, practicum, field-based experiences, etc.) in settings (e.g., hospitals, schools, businesses, etc.) in which candidates are working with patients, children, teachers, principals, etc. in Mississippi and are observed/assisted/evaluated by supervisors, preceptors, coaches, teachers, principals, or other individuals to determine that course and/or program requirements have been addressed.

D. Nursing clinicals are exempt from the above application materials. However, contact must be made with the IHL Director of Nursing Education for additional information. Refer to Appendix C.

E. If an institution or entity requires approval from another Mississippi agency, the institution or entity shall provide documentation of the approval to the Commission.

F. The Commission will not consider a college or university or any other entity that, in the two (2) years preceding submission of an application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state or that has substantially the same owners, governing board, or principal officers as a college, university, or any other entity.

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G. Institutions and other entities shall be reviewed annually, and a list of institutions and their relationship to the Commission shall be published annually after July 1.

H. Institutions or any other entities shall submit the initial application, supporting documentation, and fees. Applicants must submit a written request for an application.

I. Institutions or any other entities must provide the annual report application, supporting documentation, and fees. Submit a written request for an application.

J. The Commission may request additional information needed to make a determination regarding an application. If any section of any application is deemed insufficient or inappropriate, the applicant shall receive written notification after the Commission meets.

K. At the discretion of the Commission, if an application is denied, the institution or entity may appeal or reapply during the following annual reporting period or later.

L. The Commission may consider initial and/or annual report applications at its annual meeting.

3.9 New In-State Institutions and Entities A. The Commission may consider applications from new in-state “start-up” academic degree- granting postsecondary institutions and any other entities, where Mississippi is the home-state, at its scheduled, called, and/or annual meetings.

B. Registration with the Mississippi Secretary of State’s (SOS) Business Services Division is required; however, such registration alone does not constitute state authorization or approval to grant degrees or offer courses or programs or instruction leading to academic degrees.

C. Prior to offering instruction, courses, or degree programs at or above the associate level in Mississippi, the institution or entity shall submit an application, supporting documentation, and fees to the Commission.

D. If an institution or entity requires approval from another Mississippi agency or organization, the institution or entity shall provide documentation of the approval to the Commission.

E. Institutions and any other entities shall be reviewed annually, and a list of their relationship to the Commission shall be published annually after July 1. F. Institutions or any other entities shall submit the initial application, supporting documentation, and fees. Applicants must submit a written request for an application.

G. Institutions or any other entities shall provide the progress report application and/or annual report application at the request of the Commission.

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H. The Commission may request additional information needed to make a determination regarding an application. If any section of any application is deemed insufficient or inappropriate, the applicant shall receive written notification after the Commission meets.

I. At the discretion of the Commission, if an application is denied, the institution or entity may appeal or reapply during the following annual reporting period or later.

J. If the institution or entity is not making satisfactory progress and/or making a good faith effort to receive conditional approval by the third year, the Commission shall deny the application. The institution or entity may appeal or reapply during the following reporting period or later.

3.10 Use of Institution Name A. The use of terms such as university, college, school, institution, or institute in the institution’s or entity’s name shall require approval by the Commission.

B. Authorization is required prior to operation, advertising, marketing, offering courses or programs or instruction leading to a for-credit credential including a degree, certificate, or other generally recognized credential.

3.11 Fees

In-State Fees-Mississippi Institutions Only Description Fees Site Visits Travel + expenses Delinquent Fee

$500 Fees will increase by an additional $500 for every 30 days that fees and/or materials are not paid or submitted on time. Reinstatement Fee $1,000 The fee for reinstatement of authorization of a suspended institution or entity is $1,000. The fee for reinstatement of authorization of a institution or entity placed on probation requiring oversight by the accrediting agency is $1,000. Application Request (Start-up Institutions/Entities) $100 New Institution Application (Start-up Institutions/Entities) $3,000 State Fee (SARA Renewal Fee) $2,000/year for institutions with fewer than 2,500 FTE $4,000/year for institutions with 2,500 to 9,999 FTE $6,000/year for institutions with 10,000 or more FTE

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*In addition to an application fee, out-of-state institutions and other entities will be assessed a program fee for each program of study or degree offered to Mississippi residents. A course fee will be assessed for each course offered to Mississippi residents not offered in a Commission

$500 per course $1,000 per certificate $2,000 per associate’s degree $3,000 per bachelor's degree $4,000 per master’s degree $5,000 per educational specialist degree $6,000 per doctorate or professional degree

In-state and out-of-state fees are nonrefundable.

3.12 Authorization and Conditional Approval A. Authorized (Approved) Out-of-State Fees Description Fees Site Visits Travel + expenses Delinquent Fee

$500 Fees will increase by an additional $500 for every 30 days that fees and/or materials are not paid or submitted on time. Reinstatement Fee

$1000 The fee for reinstatement of authorization of a suspended institution or entity is $1,000. The fee for reinstatement of authorization of a institution or entity placed on probation requiring oversight by the accrediting agency is $1,000. Initial/Annual Renewal Application (distance education programs and those with a presence or wanting to establish a presence in Mississippi) Mirror NC-SARA Fee Schedule plus program fee(s) will be assessed

Institutions/Entities with a physical location in Mississippi prior to December 2024, will not be assessed a program fee(s). Should there be a break in service, the institution/entity will follow the current fee structure. Clinicals (not to include nursing), Internships, Educator Preparation, or other Field- Based Experiences

Mirror NC-SARA Fee Schedule

Nursing Clinicals Contact IHL Director of Nursing Education Change of location or additional location $250 New Program of Study or Degree or Change to Program

$250 A fee of $250 must accompany each application for approval to offer a new program of study or degree or change to program unless the new program or degree or program modification request is included in the institution’s/entity’s initial or renewal application. Fee includes one new program or degree or change to program only. Changing Legal Status, Form of Control, Ownership $250 Other substantive changes requiring Commission approval $250 Fee includes one substantive change only. Copying/Mailing (per page) $0.15

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To receive Commission approval, an institution or other entity must be in compliance with Commission standards, rules and regulations, procedures, provisions, and policies including accreditation in good standing by a United States Department of Education (USDE) recognized accrediting body. If approved, the institution or entity must among other requirements: a. Submit an annual report application, supporting documentation, and fees by the deadline specified in the notification letter from the Commission; b. Maintain institutional accreditation by a USDE recognized accrediting body and, where available, programmatic accreditation; c. Submit copies of communication from state, federal, and accrediting agencies concerning official action, sanctions, notices; d. Commission staff and the Commission and/or a Commission- appointed evaluation team may conduct announced or unannounced visits to the institution or entity if deemed necessary and shall visit the institution or entity along with any USDE recognized accrediting agency during each of its site visits. All reasonable and necessary expenses for official travel incurred by the Commission and evaluation team on announced visits will be paid or reimbursed by the institution or entity according to the laws of the State of Mississippi, including lowest unrestricted public carrier fair or personal vehicle mileage at the State rate, actual meal costs not to exceed maximum daily expenditure limits, and lodging. The size of the team shall be determined in relation to the nature, size, and complexity of the institution or entity being evaluated. Each team will be accompanied by the Commission chair and/or his/her designee who will serve as the team chair unless otherwise designated by the Commission chair. Unannounced visits will not be the expense of the institution or entity.

Conditional Approval
Accredited Institution or Entity
Conditional approval may be granted to an in-state institution/entity or an institution/entity

that is located outside the borders of Mississippi which is accredited by a USDE recognized

accrediting agency when the institution/entity is substantially in compliance with Commission

standards and regulations and is continuously making satisfactory progress to full compliance.

b. Unaccredited Institution or Entity ii. Conditional approval may be granted to an unaccredited institution or entity physically located in Mississippi that has been in operation less than five (5) years. The Commission will review applications based on statutory and regulatory requirements and the institution’s or entity’s potential for achieving full compliance including accreditation by a USDE recognized accrediting agency.

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c. Conditional approval may be granted for a period of one year, not to exceed three (3) years. If conditional approval is granted, the institution or entity must: i. Demonstrate and document that it is currently accredited or is continuously seeking and making satisfactory progress to full compliance with Commission standards, rules and regulations, provisions, policies, and procedures including accreditation by a USDE recognized accrediting body; ii. If accredited, maintain institutional accreditation by a USDE recognized accrediting body and, where available, programmatic accreditation; iii. If not accredited, submit the progress report application and timeline for achieving accreditation by a USDE recognized accrediting agency upon Commission request; iv. Submit an annual report application by the deadline specified in the notification letter from the Commission. Additional reports and information may be required upon the request of the Commission. v. Submit copies of communication from state, federal, and accrediting agencies concerning official action, sanctions, and/or notices; vi. Commission staff and the Commission and/or a Commission-appointed evaluation team may conduct announced or unannounced visits to the institution or entity if deemed necessary by the Commission and shall visit the institution or entity along with any USDE recognized accrediting agency during each of its site visits to the institution or entity. All reasonable and necessary expenses for official travel incurred by the Commission and evaluation team on announced visits will be paid or reimbursed by the institution or entity according to the laws of the State of Mississippi, including lowest unrestricted public carrier fair or personal vehicle mileage at the State rate, actual meal costs not to exceed maximum daily expenditure limits, and lodging. The size of the team shall be determined in relation to the nature, size, and complexity of the institution or entity being evaluated. Each team will be accompanied by the Commission chair and/or his/her designee who will serve as the team chair unless otherwise designated by the Commission chair. Unannounced visits will not be the expense of the institution or entity. vii. Failure to satisfy the provisions within the specified timeframe will result in: i. Revocation of conditional approval, or ii. Conditional approval may be extended at the Commission’s discretion.

3.13 Changes Requiring Notice or Approval A. Institutions or entities shall submit to the Commission a Change Requiring Notice or Approval Form. Out-of-State institutions or entities (located outside the borders of Mississippi) requesting Commission approval are assessed the appropriate fees. Submit a written request for an application/form.

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Changes Requiring Notice

Awarding dual or joint academic awards.
Entering into a cooperative academic arrangement or other arrangement.
Changing the governance of an institution or entity.
Closing an institution, an entity, a program, a method of delivery, an off-

campus instructional site, or a program at an off-campus instructional site.

e. Change in institutional accreditation status.

f. Change in federal financial assistance program participation status.

g. Change in designated central institutional contact, administrators.

h. Change of recognized accreditors.

i. Participating in the federal Prison Education Program providing Pell Grant

access to confined or incarcerated students.

Changes Requiring Approval a. Changing the way an institution or entity measures student progress, whether in clock hours or credit-hours; semesters, trimesters, or quarters; or time- based or non–time-based methods or measures. b. Acquiring another institution or entity or any program or location of another institution or entity. c. Merging/consolidating two or more institutions or entities. d. Changing the legal status, form of control, or ownership of an institution or entity. e. Relocating an institution or entity or an off-campus instructional site of an institution or entity (including a branch campus). f. Offering courses or programs at a higher or lower degree level than currently authorized. g. Initiating programs by distance education. h. Adding a program. i. Changing a program. j. Adding an additional method of delivery to a currently offered program. k. Adding competency-based education programs. l. Adding programs with completion pathways that recognize and accommodate a student’s prior or existing knowledge or competency. m. Re-opening a previously closed program or off-campus instructional site. n. Adding a new off-campus instructional site/additional location including a branch campus.

B. An institution or entity must immediately notify the Commission if it is subject to any investigative action, complaint, show-cause or disciplinary action with an accrediting, state, or federal agency including loss of accreditation or loss of eligibility to participate in the federal financial assistance program. Reports and documents commonly included as part of the accreditation or eligibility process must be made available if requested by the Commission.

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C. Commission authorization is not transferable. In the event of a change in ownership of an institution or entity, the new owner must apply for state authorization.

D. For accreditation purposes, institutions and entities should follow their accrediting agency’s Substantive Change Policy and Procedures.

3.14 Institution/Entity Closure A. Planned Closure Approval will be withdrawn after all actions involved in the closure have been completed. When an institution or entity plans a closing, institution or entity officials must communicate their plan to include teach-out plans and agreements to the Commission and all parties concerned including current and former students, faculty and staff, accrediting bodies, Closed School Unit at the United States Department of Education (where federal financial aid is involved), and all affected lending agencies. It is advisable that the institution or entity provide each current and former student with a copy of their final transcript and review with them their financial records and tuition refund information. a. When an authorized postsecondary educational institution or entity proposes to discontinue its operation, the institution or entity shall notify the Commission and submit a Closing an Institution application within sixty (60) days. b. An institution or entity that will cease operations shall maintain sufficient and qualified faculty, staff, and equipment to teach all courses to all currently enrolled students, regardless of the size of the class, until such time as the institution or entity closes. c. An institution/entity and its owners are jointly and separately responsible to arrange at their expense for the storage and safekeeping of all student records required to be maintained and destruction of records not required to be maintained. This includes paying the costs of the transfer of records to the third-party repository and for the costs of maintaining the records. d. Neither the Commission nor the Mississippi Institutions of Higher Learning shall store or maintain records.

B. Unplanned Closure In the event of an unplanned closure (without proper notification and process), the Commission will immediately revoke approval of the institution or other entity upon learning of the unplanned closure. Such a revocation status shall be maintained as part of the Commission closure file on the institution or entity and any individuals directly involved, including, but not limited to, the owners, incorporators, chief executive officer, director, and board chair. a. An institution/entity and its owners are jointly and separately responsible to arrange at their expense for the storage and safekeeping of all student records required to be maintained and destruction of records not required to be maintained. This includes paying the costs of the transfer of records to the third-party repository and for the costs of maintaining the records. b. Neither the Commission nor the Mississippi Institutions of Higher Learning shall store or maintain records.

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3.15 Academic Records Maintenance and Protection A. Approved institutions or other entities must maintain academic records securely as required in Standard 4.17 and must protect the personally identifiable information of enrolled or former students in accordance to the Family Educational Rights and Privacy Act (FERPA). The institution’s or other entity’s catastrophic events and disaster recovery procedures and practices shall include adequate processes for management, maintenance, and protection of student records in the event of closure.

B. At the end of each academic year, an institution or entity shall consolidate copies of all academic records for all former students who have graduated, withdrawn, or otherwise ceased to attend during the previous academic year. These academic records, for each academic year, shall be stored separately in an identifiable and printable electronic record for each student. The files or records are subject to inspection and shall be made available to the Commission for inspection upon request.

C. In the event an approved institution or entity operating in Mississippi proposes to discontinue its operation, the chief executive officer, by whatever title designated, or other responsible officer of the institution or entity shall provide the Commission its plan to secure, store, and maintain all student records and submit a copy of the storage/maintenance agreement to the Commission including contact information so that students may request their academic record, which agreement shall include a clause that provides the Commission be updated when information regarding the student records and location changes. Upon request and verification of identity, the agreed upon repository will provide to a student either a copy of the student’s academic record as received from the closed institution or entity, or the information contained in the academic record in a standard transcript format.

D. If the institution or entity is part of an educational system that is continuing to operate in other U.S. locations, the academic records shall be maintained at the main campus or corporate location. Contact information so that a student may request an academic transcript or academic record must be provided to the Commission and must be updated when information changes.

E. If the institution or entity enters into an agreement with another institution/entity to teach out or continue students’ degree programs, it is understood that the institution or entity responsible for accepting the transferring students will maintain academic records for the transferring students.

Records shall, without limitation:
Include academic information as is customarily required by colleges and

universities when considering students for transfer or advanced study; and

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b. Be in a format to ensure a separate identifiable and printable file is provided for each student.

3.16 Complaints A. The Commission will investigate as it deems necessary, on its own initiative or in response to a complaint lodged with it, any person, group, institution, or entity subject to, or reasonably believed by the Commission to be subject to, the jurisdiction of the Commission and take action as appropriate.

B. A person with a complaint concerning an approved institution or entity shall make all reasonable effort to follow the complaint/grievance procedures and exhaust all avenues available at the institution or entity.

3.17 Penalties, Limitations, Administrative Injunction A. The Commission shall take whatever action against colleges and universities or other entities it deems appropriate for violation of standards, rules and regulations, policies, provisions, and procedures. The Commission may deny or revoke approval, place on probation, suspend enrollment, seek an injunction or other action provided by law for any one or combination of the following causes: a. violation of Commission standards, rules and regulations, policies, provisions, and procedures; b. the furnishing of false, misleading, or incomplete information requested by the Commission; c. violation of any commitment made in an application for approval; d. presentation to current or prospective students of misleading, false or fraudulent information relating to a course of instruction, employment opportunity, or opportunities for enrollment in accredited institutions of higher education or any other entity after entering or completing courses offered by the institution or any other entity; e. failure to provide or maintain premises or equipment for offering courses or instruction in a safe and sanitary condition; f. failure to maintain financial resources and stability adequate for the satisfactory conduct of courses of study or to retain a sufficient number of qualified faculty; g. the signing of an application or the holding of authorization by a person who has pleaded guilty or has been found guilty of a felony or any other indictable offense; h. the signing of an application or the holding of authorization by a person who is addicted to the use of any narcotic drug or who is found to be mentally incompetent; i. conviction or a plea of nolo contendere on the part of any owner, CEO, operator, or director of an approved institution or entity of any felony under Mississippi law or the law of another jurisdiction;

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j. continued employment of faculty who have been convicted of, or entered a plea of nolo contendere to, any felony under Mississippi law or the law of another jurisdiction; k. applicant was an owner, senior administrator, or governing board member of an institution or entity that closed without providing a teach-out or refunds to students matriculating at the time of closure or had unpaid fees upon a closure of an institution or entity; and l. incompetence of any owner or administrator to operate a college or university or any other entity.

B. The Commission may consider probation or other action for an institution or any other entity subject to investigative, show-cause or disciplinary action by the Commission, an accrediting agency, or other state or federal agency. The institution or entity may remain in probation or other status and be subject to additional monitoring and oversight until such time as the Commission determines that the adverse action has been corrected or lifted and the deficiency corrected, but no longer than eighteen months.

C. The Commission shall serve notice by certified mail to the institution’s or entity’s last known address, with a statement of the reason(s) for the action.

3.18 Appeal of Commission Decision to Deny or Revoke Approval A. An institution or entity must notify the Commission in writing by the deadline specified in the notification letter that it wishes a hearing to appeal the decision. The institution or entity must also notify the Commission at that time if it plans to have legal counsel present at the hearing.

B. The Commission must schedule a hearing within sixty (60) days after receipt of notification from an institution or entity that it seeks an appeal.

C. The Commission will notify the institution or entity of its decision following the hearing.

3.19 Oral Proceeding When a political subdivision, an agency, or ten (10) persons request(s) an oral proceeding in regard to a proposed rule adoption within twenty (20) days after the filing of the notice of the proposed rule, the requestor must submit a printed, typewritten, or legibly handwritten request. Each request must be submitted on standard business size paper (8 ½ inches x 11 inches) and include the full name, telephone numbers, physical and mailing address(es) of the requestor(s). All requests shall be signed by the person submitting the request, unless represented by an attorney, in which case the attorney may sign the request.

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Notice of Oral Proceeding
The date, time, and place of oral proceedings shall be filed with the

Secretary of State’s Office and mailed to each requestor.

b. The oral proceedings will be scheduled no earlier than twenty (20) days

from the filing of this information with the Secretary of State.

B. Presiding Officer The chair, or his/her designee, who is familiar with the substance of the proposed rule, will preside at the oral proceeding on a proposed rule.

C. Public Presentations and Participation Public participation will be permitted at oral proceedings in accordance with the following sections. a. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions which may include data, views, comments, or arguments concerning the proposed rule. b. Persons wishing to make oral presentations at such a proceeding shall notify the Commission at least three business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Commission. c. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. d. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. e. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding. f. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the participant’s time where the orderly conduct of the proceeding so requires.

Conduct of Oral Proceeding
Presiding Officer

The presiding officer shall have authority to conduct the proceeding in his or her discretion for

the orderly conduct of the proceeding. The presiding officer shall:

i. Call the proceeding to order;

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ii. Give a brief synopsis of the proposed rule, a statement of the

statutory authority for the proposed rule, and the reasons provided by the

Commission for the proposed rule;

iii. Call on those individuals who have contacted the Commission about speaking on or

against the proposed rule;

iv. Allow for rebuttal statements following all participants’

comments; and

Adjourn the proceeding.
Questions

The presiding officer, where time permits and to facilitate the exchange of information, the

presiding officer may open the floor to questions or general discussion. The presiding officer

may question participants and permit the questioning of participants by other participants about

any matter relating to that rulemaking proceeding, including any prior written submissions made

by those participants in that proceeding. No participant shall be required to answer any question.

c. Physical and Documentary

Submissions presented by participants in an oral proceeding shall be submitted to the presiding

officer. Such submissions become the property of the Commission, part of the rulemaking

record, and are subject to the Commission’s public records request procedure.

d. The presiding officer may record oral proceedings by stenographic or

electronic means.

3.20 Requests for Declaratory Opinions This subsection sets forth the Commission’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Commission’s procedures regarding the disposition of requests as required by Mississippi Code § 25-43-2.103.

A. Persons Who May Request Declaratory Opinions Any person with a substantial interest in the subject matter may make a request to the Commission for a declaratory opinion by following the specified procedures.

B. Subjects Which May be Addressed in Declaratory Opinions The Commission will issue declaratory opinions regarding the applicability to specified facts of: a. A statute administered or enforceable by the Commission, b. A rule promulgated by the Commission, or an order issued by the Commission.

C. Circumstances in Which Declaratory Opinions Will Not Be Issued The Commission may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: a. The matter is outside the primary jurisdiction of the Commission; b. Lack of clarity concerning the question presented;

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c. There is pending or anticipated litigation or, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary; d. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; e. The facts presented in the request are not sufficient to answer the question presented; f. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules; g. 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 rule, statute, or order on which a declaratory opinion is sought; h. No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raises a question concerning the application of the statute, rule, or order; i. The question presented by the request concerns the legal validity of a statute, rule, or order; j. 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; k. No clear answer is determinable; l. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime; m. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; n. The question is currently the subject of an Attorney General's opinion request; or o. The question has been answered by an Attorney General's opinion. i. A declaratory opinion will not be issued where a similar request is pending before the Commission, 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. ii. A declaratory opinion will not be issued if it may adversely affect the interests of the State, the Commission, or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. iii. Where a request for a declaratory opinion involves a question of law, the Commission may refer the matter to the State Attorney General. iv. A declaratory opinion will not be issued where the question involves eligibility for a license, permit, certificate or other approval by the Commission or some other agency and there is a statutory or

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regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

Form of the Request for a Declaratory Opinion
Written Requests Required

Each request must be typed or legibly handwritten.

Each request must be submitted on standard business letter-size paper (8-1/2” x 11”). The request

may be in the form of a letter addressed to the

Commission or in the form of a pleading as might be addressed to a court.

b. Where to Send Requests All requests must be mailed or delivered to the Mississippi Commission on College Accreditation at 3825 Ridgewood Road, Jackson, Mississippi 39211. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Oral and telephone requests are unacceptable.

c. Name, Address, and Signature of Requester Each request must include the full name, telephone numbers, and mailing address of the requestor(s). All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. Any party who signs the request 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 agency, administrative, or judicial tribunal.

d. Single Transaction A request must be limited to a single transaction or occurrence.

e. Question Presented Each request must contain the following: i. A clear identification of the statute, rule, or order at issue; ii. The question for the declaratory opinion; iii. A clear and concise statement of all facts relevant to the question presented; iv. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and v. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

Agency 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

Commission will, in writing:

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i. Issue an opinion declaring the applicability of the specified statute, rule, or order to the specified circumstances; or ii. Decline to issue a declaratory opinion, stating the reasons for its action; or iii. Agree to issue a declaratory opinion, or a written statement declining to issue a declaratory opinion, by a specified time but no later than ninety (90) days after receipt of the written request.

b. When Period Begins The forty-five (45) day period shall begin on the first business day after which the request is received by the Commission.

c. Opinion Not Final for Sixty Days A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Commission may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

Procedure after Request for Declaratory Opinion Received
Notice by Requestor

The requestor, or his attorney, shall append to the request for a declaratory opinion a listing of all

persons, with addresses known to the requestor, who may have an interest in the declaratory

opinion sought to be issued, and shall mail a copy of the request to all such persons. The

requestor or his attorney shall certify that a copy of the request was mailed to all such persons

with this statement: “Should you wish to participate in the proceedings of this request or receive

notice of such proceedings or the declaratory opinion issued as a result of this request, you

should contact the Commission within twenty days of the date of this request.”

Hearings at the Discretion of the Agency
Provision for Hearing

If the Commission in its sole discretion deems a hearing necessary or helpful in determining any

issue concerning a request for a declaratory opinion, the Commission may schedule such a

hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice

mailed by first class mail seven calendar days prior to the hearing shall be deemed appropriate.

b. Proceedings at the Hearing The procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the Commission.

c. Persons Appearing at the Hearing

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The Commission shall allow the requestor to participate in any hearing. The Commission may allow any other persons or entities to participate in the hearing.

H. Public Availability of Requests and Declaratory Opinions Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests that contain information that is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

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CHAPTER 4: STANDARDS

4.1 Legal Compliance The institution or entity shall be maintained and operated in compliance with all applicable ordinances and laws, including the rules and regulations adopted to administer those ordinances and laws.

4.2 Governance The institution or entity shall have a system of governance that facilitates the accomplishment of the institution’s/entity’s mission and purposes, supports institutional effectiveness and integrity, and protects the interests of its constituents, including students, faculty, and staff. The institution or entity shall have a governing board consisting of at least five members. The governing board shall ensure that the institution or any other entity complies with Commission requirements.

4.3 Qualifications of Institutional Officers A. The character, education, and experience in higher education of governing board members, administrators, supervisors, counselors, agents, representatives, and other institutional officers shall be such as may reasonably ensure that the institution or any other entity can maintain the standards of the Commission and progress to authorization and accreditation by a United States Department of Education (USDE) recognized accrediting agency within the time limits set by the Commission and USDE recognized accrediting agency.

B. The executive, administrative, and academic officers shall hold an earned advanced degree appropriate for the mission of the institution or entity, preferably an earned doctorate, awarded by an institution/entity accredited by a USDE recognized accrediting agency and have work experience, professional licensures and certifications, and/or other demonstrating competencies and achievements that reasonable prepare them for their positions.

C. The institution or entity shall have a chief executive officer whose primary responsibility is to the institution or entity and who is not the presiding officer of the governing board.

D. The chief academic officer shall hold an earned advanced degree appropriate for the mission of the institution or entity, preferably an earned doctorate, awarded by an institution/entity accredited by a USDE recognized accrediting agency and shall demonstrate sound aptitude for and experience with curriculum development and assessment; accreditation

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standards and processes as well as all relevant state regulations; leadership and development of faculty, including the promotion of scholarship, research, service; and the promotion of student success.

E. In the case of renewal, the officers of the institution or entity shall demonstrate a record of effective leadership in administering the institution/entity.

4.4 Distinction of Roles The institution or other entity shall define the powers, duties, and responsibilities of the governing body and the executive officers. There shall be a clear distinction in the roles and personnel of the governing board of the institution or entity, the administration, and the faculty.

4.5 Financial Resources and Stability A. The institution or entity must have financial resources and financial stability to provide education of good quality and to be able to fulfill its commitments to students. The institution or entity shall have sufficient reserves or line of credit so that, together with tuition and fees, it would be able to complete its educational obligations for the current term to currently enrolled students if it were unable to admit any new students. The institution or entity must have the administrative capacity to meet the daily needs of the administration, faculty, and students, including facilities, laboratories, equipment, technology, and learning resources that support the institution’s or entity’s mission and programs.

B. Out-of-State Institutions (located outside the borders of Mississippi) Institutions or other entities that want to offer courses or programs must have a Federal Composite Financial Score of 1.5 or greater as calculated by an independent certified public accountant. Institutions or entities with a score between 1.0-1.49 may be considered for authorization. Institutions or entities with a score below 1.0 will not be considered for state authorization.

4.6 Financial Records A. Financial records and reports of the institution or other entity shall be kept and made separate and distinct from those of any affiliated or sponsoring person or organization.

B. Financial records and reports shall be kept in accordance with the guidelines of the National Association of College and University Business Officers as set forth in College and University Business Administration, Sixth Edition or such later edition as may be published.

C. An annual independent audit of all fiscal accounts of the educational institution or entity shall be authorized by the governing board, shall be performed by a independent certified public accountant, and shall be made available to the Commission upon request.

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4.7 Institutional Assessment Continual and effective assessment, planning, and evaluation of all aspects of the institution or entity shall be conducted to advance and improve the institution/entity. These aspects include, but are not limited to, the academic program of teaching, research, and public service, if applicable; administration; financial planning and control; student services; facilities and equipment, and auxiliary enterprises.

4.8 Program Evaluation A. The institution or entity shall establish adequate procedures for planning and evaluation, define in measurable terms its expected educational results, and describe how those results will be achieved.

B. Evaluation criteria shall include mission, labor market and state need, curriculum, enrollment, graduates, student placement, ability to finance each program of study, facilities and equipment, instructional practices, student services, public and private partnerships, qualifications of faculty and administrative personnel, and success of its students.

C. Relating to occupations where state or national licensure is required, graduates must pass the licensing examination at a rate acceptable to the related licensing agency, as applicable.

D. Prior to establishing a new degree program, the institution or entity shall evaluate the need for the proposed program of study through survey, research, or other means of measure. The capacity and ability of similar programs at public, private or independent institutions of higher education or other entities within Mississippi to meet market needs shall be considered. Information may include but not be limited to the following items:

Program Demand: Select one or both of the following to address student demand: • Survey of Student Interest o Number of surveys administered: o Number of completed surveys returned: o Percentage of students interested in program: Include a brief statement that provides additional information to explain the survey.

• Include Market Analysis or Evidence of Labor Market Need • Include Employment Opportunities for Graduates (state, region, nation)

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4.9 Student Admissions and Remediation A. Upon the admission of a student to any undergraduate program, the institution or other entity shall document the student’s level of preparation to undertake college- level work by obtaining proof of the student’s college record, high school graduation, or qualifying scores on a state-approved equivalency examination, and otherwise complying with state standards, policies, procedures, and requirements. The institution or other entity shall provide an effective program of remediation for students diagnosed with deficiencies in their preparation for collegiate study.

B. Upon the admission of a student to any graduate program, the institution or other entity shall document that the student is prepared to undertake graduate-level work by obtaining proof that the student holds a baccalaureate degree from an institution or entity accredited by a United States Department of Education (USDE) recognized accrediting agency to offer baccalaureate degrees, or a degree from a foreign institution equivalent to a baccalaureate degree from an accredited institution/entity. The procedures used by the institution or entity for establishing the equivalency of a foreign degree shall be consistent with the standards of evaluation approved by the National Council on the Evaluation of Foreign Education Credentials or its successor; or reviews from evaluation services provided through the American Association of Collegiate Registrars and Admission Officers.

4.10 Faculty Qualifications The character, education, and experience in higher education of the faculty shall be such as may reasonably ensure that the students will receive an education consistent with the objectives of the course or program of study.

A. Faculty teaching general education courses at the undergraduate level shall have at least a master’s degree in the discipline being taught, from an institution or entity accredited by a recognized accrediting agency, or master’s degree with a concentration in the discipline with a minimum of eighteen (18) graduate semester credit hours in the discipline being taught.

B. Faculty teaching associate degree courses designed for transfer to a baccalaureate degree shall have at least a master’s degree in the discipline being taught, from an institution or entity accredited by a USDE recognized accrediting agency, or master’s degree with a concentration in the discipline with a minimum of eighteen (18) graduate semester credit hours in the discipline being taught.

C. Faculty teaching baccalaureate courses shall have at least a master’s degree in the discipline being taught from an institution or entity accredited by a recognized accrediting agency, or master’s degree with a concentration in the discipline with a minimum of eighteen (18) graduate semester credit hours in the discipline being taught. At least 25 percent of the discipline course hours in each undergraduate major

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are taught by faculty members holding the terminal degree—usually the earned doctorate—in the discipline.

D. Faculty teaching graduate level degree programs shall hold doctorates, or other degrees generally recognized as the highest attainable in the discipline or closely related discipline, awarded by an institution or entity accredited by a recognized accrediting agency.

E. The institution or entity shall document and justify the qualifications of its faculty.

F. With the approval of a majority of the institution’s or entity’s governing board, an individual with exemplary experience in the field of appointment, which may include direct and relevant work experiences in the field, professional licensure and certifications, honors and awards, continuous documented excellence in teaching, or other demonstrated competencies and achievements may serve as a faculty member without the degree credentials specified in the above (A) – (D) of this subsection. Such appointments shall be limited and the justification for each such appointment shall be fully documented by the institution or entity. The Commission, at its discretion, may review the full complement of faculty providing instruction at the institution or other entity.

4.11 Faculty Size There shall be a sufficient number of faculty holding full-time teaching appointments who are resident and accessible to the students to ensure continuity and stability of the education program, adequate educational association between students and faculty and among the faculty members, and adequate opportunity for proper preparation for instruction and professional growth by faculty members.

A. At the associate and baccalaureate levels, there shall be at least one full-time faculty member in each program.

B. At the graduate level, there shall be at least two (2) full-time faculty members in each program.

4.12 Curriculum A. The quality, content, and sequence of each course, curriculum, or program of instruction, training, or study shall be appropriate to the purpose of the institution or entity and shall be such that the institution or entity may reasonably and adequately achieve the stated objectives of the course or program. Each program shall adequately cover the breadth of knowledge of the discipline taught and course work must build on the knowledge of previous courses to increase the rigor of instruction and the learning of students in the discipline. A majority of the courses in the areas of specialization required for each degree program shall be offered in organized classes by the institution or entity. An institution/entity may offer for-credit

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coursework that does not directly relate to approved programs, provided that it does not exceed twenty-five (25) percent of all courses.

B. An academic associate degree must consist of at least sixty (60) semester credit hours or ninety (90) quarter credit hours and not more than sixty-six (66) semester credit hours or ninety-nine (99) quarter credit hours. A baccalaureate degree must consist of at least one-hundred twenty (120) semester credit hours or one-hundred eighty (180) quarter credit hours. A master’s degree must consist of at least thirty (30) semester credit hours or forty-five (45) quarter credit hours of graduate level work past the baccalaureate degree.

C. Courses designed to correct deficiencies, remedial courses for associate and baccalaureate programs, and leveling courses for graduate programs, shall not count toward requirements for completion of the degree.

D. The degree level, degree designation, and the designation of the major course of study shall be appropriate to the curriculum offered and shall be accurately listed on the student’s diploma and transcript.

4.13 General Education A. Each academic associate degree program shall contain a general education component consisting of at least fifteen (15) semester credit hours or the equivalent. Each baccalaureate degree program shall contain a general education component consisting of at least thirty (30) semester credit hours or at least twenty-five (25) percent of the total hours required for graduation from the program.

B. This component shall be drawn from each of the following areas: Humanities and Fine Arts, Social and Behavioral Sciences, Natural Sciences, and Mathematics. It shall include courses to develop skills in written and oral communication and basic computer instruction.

C. The applicant institution or entity may arrange to have all or part of the general education component taught by another institution or entity, provided that: a. The applicant institution’s or entity’s faculty shall design the general education requirement; b. There shall be a written agreement between the institutions/entities specifying the applicant institutions’/entitys’ general education requirements and the manner in which they will be met by the providing institution/entity; c. At least one-half of the courses shall be offered in organized classes; and d. The providing institution or entity shall be accredited by a United States Department of Education (USDE) recognized accrediting agency.

4.14 Credit for Work Completed Outside a Collegiate Setting A. An institution or entity awarding collegiate credit for course work completed outside a collegiate setting (outside a degree-granting institution or entity

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accredited by a USDE recognized agency) shall establish and adhere to a systematic method for evaluating that work, shall award credit only in course content which falls with the authorized degree programs of the institution/entity or, if by evaluative examination, in an appropriate manner shall relate the credit to the student’s current educational goals, and shall subject the institutions/entities process and procedures for evaluating work completed outside a collegiate setting to ongoing evaluation by the institution’s/entity’s teaching faculty. To these ends, recognized evaluative examinations such as the Advanced Placement program (AP) or the College Level Examination Program (CLEP) may be used.

B. No more than half of the credit applied toward a student’s associate or baccalaureate degree program may be based on work completed outside a collegiate setting. Those credits must be validated in the manner stated in 4.14A. No more than fifteen (15) semester credit hours or twenty-three (23) quarter credit hours of that credit may be awarded by means other than recognized evaluative examinations. No graduate credit for work completed outside a collegiate setting may be awarded.

C. In no instance may credit be awarded for life experience per se or merely for years of service in a position or job.

4.15 Learning Resources A. The institution or entity shall maintain and ensure that students have access to learning resources with a collection of books, educational materials and publications, online materials, and other resources and with staff, services, equipment, and facilities that are adequate and appropriate for the purpose and enrollment of the institution or other entity. Learning resources shall be current, well distributed among fields in which the institution or entity offers instructions, cataloged, logically organized, and readily located. The institution or entity shall maintain a continuous plan for learning resources development and support, including objectives and selections of materials. Institutions or entities offering graduate work shall provide access to learning resources that include at least basic reference and bibliographic works and major journals in each discipline in which the graduate program is offered.

B. Current and formal written agreements with other institutions or with other entities may be used; the collection shall be validated by the institution or entity to be appropriate for the program being offered, and the library shall be reasonably accessible to the students and faculty.

4.16 Facilities A. The institution or other entity shall have or provide access to administrative, classroom, equipment, laboratory space, instructional materials, and learning resources to support quality education based on the type, level, and method of delivery of program, course, or instruction

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being offered. The institution or other entity shall meet general standards of safety, cleanliness, maintenance, health, and lighting and shall comply with any federal, state, and local laws and ordinances.

B. Student housing owned, maintained, or approved by the institution or entity, if any, shall be appropriate, safe, and adequate. The institution or entity shall comply with any federal, state, and local health and safety laws and ordinances.

4.17 Academic Records

The institution or other entity shall securely maintain adequate records of each student’s

academic performance.

The records for each student shall contain:
Student contact and identification information, including address and

telephone number;

b. Records of admission documents, such as high school diploma or

qualifying scores on a state approved equivalency examination (if undergraduate)

or undergraduate degree (if graduate);

c. Records of all courses attempted, including grade; completion status of the

student, including the diploma, degree or award conferred to the student

designating major course of study; and

d. Any other information contained in academic records including but not

limited to:

i Full and correct name and address of the authorized main location

of the institution or entity

ii Status of student (active, withdrawn, probation, leave of absence,

death, or graduate)

iii Official date recorded for all student withdrawals and graduations

iv Beginning date or academic term with the year for each course

attempted

v Indication of credits given by transfer from another

institution/entity or credit by exam

vi Cumulative Grade Point Average (GPA)

vii Date the transcript was last updated and/or printed

viii Signature of an institution or entity official

B. Two copies of said records shall be maintained in separate secure places. Records of students who are no longer enrolled at the institution or other entity for any reason, including graduation, must be maintained in accordance with Standard 3.15 (Academic Records Maintenance and Protection).

C. Students in good standing will be provided transcripts upon request, subject to the institution’s or entity’s obligation, if any, to cooperate with the rules and regulations of governing state and federally guaranteed student loans.

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4.18 Accurate and Fair Representation in Publications, Advertising, and Promotion A. Neither the institution or entity nor its agents or other representatives shall engage in advertising, recruiting, sales, collection, financial credit, or other practices of any type that are false, deceptive, misleading, or unfair. Likewise, all publications, by any medium, shall represent accurately and fairly the institution or entity, its programs, available resources, tuition, fees, requirements, state authorization, institutional and programmatic accreditation status.

B. The institution or entity shall provide students, prospective students prior to enrollment, and other interested persons with a printed or electronically published catalog. Institutions or entities relying on electronic catalogs must ensure the availability of archived editions in order to serve the needs of alumni and returning students. The catalog must contain, at a minimum, the following information: a. The institution’s or entity’s mission; b. A statement of admissions policies and entrance requirements; c. Information describing the purpose, length, and objectives of the program or programs offered by the institution or other entity; d. The schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; e. Cancellation, withdrawal, and refund policies; f. A definition of the unit of credit as it applies at the institution or other entity; g. An explanation of satisfactory progress as it applies at the institution or entity, including an explanation of the grading or marking system; a description of any probation and suspension policies; h. The institution’s or entity’s calendar, including the beginning and ending dates for each instructional term, holidays, and registration dates; i. A complete listing of each employed faculty member showing name, area of assignment, rank, and each earned degree held, including degree level, degree designation, and institution or entity that awarded the degree; j. A complete listing of each administrator showing name, title, area of assignment, and each earned degree held, including degree level, degree designation, and institution or entity that awarded the degree; k. A statement of legal control with the names of the trustees, directors, and officers of the corporation; l. If applicable, location, telephone number, electronic mail and web address of the principal office of the corporation owning the institution or entity; m. Disclosures of what programs, if any, satisfy educational requirements for professional licensure; n. A complete listing of all scholarships offered, if any; o. A statement describing the nature and extent of available student services;

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p. Complete and clearly stated information about the transferability of credit to other postsecondary institutions including two-year and four-year colleges and universities or other entities; q. Any other facts concerning the institution or entity and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein; r. Any disclosures specified by the Commission or defined in Commission standards, rules and regulations, policies, provisions, or procedures.

C. The institution or other entity shall adopt, publish, and adhere to a fair and equitable cancellation, withdrawal, and refund policy.

D. The institution or entity shall provide to each prospective student, newly enrolled student, and returning student, complete and clearly presented information indicating the institution’s or entity’s current graduation rate by program; and, if required by the Commission, job placement rate by program for any such applicable programs offered by the institution or entity.

E. Any special requirements, or limitations, of program offerings must be made explicit in writing. Concerning out-of-state institutions or entities with locations in Mississippi, this may be accomplished by either a separate section in the catalog or a brochure separate from the catalog. However, if a brochure is produced, the student must also be given a printed or electronically published catalog.

F. Upon satisfactory completion of the program of study, the student shall be given appropriate educational credentials indicating the degree level, degree designation, the designation of the major course of study, and a transcript accurately listing the information typically found on such a document, subject to institutions’ or entity’s obligation, if any, to cooperate with the rules and regulations governing state and federally guaranteed student loans.

4.19 Student Services The institution or entity shall provide an effective program of student services to help students succeed. The program shall include orientation, academic counseling, financial aid counseling, disability services, career information and planning, placement assistance, and testing services.

4.20 Student Rights and Responsibilities The institution or entity shall establish and adhere to a clear and fair policy regarding due process in disciplinary matters; outline the established grievance process which shall indicate that students should follow the institution’s or entity’s process utilizing the institution’s or entity’s forms and may contact the Commission using the Commission’s student complaint procedures and/or the Mississippi Attorney General to file a complaint about the institution or entity if all other avenues have been exhausted; and publish the policy in a handbook, which shall include

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other rights and responsibilities of the students. The handbook shall be supplied in print or electronically to each student upon enrollment in the institution or entity. 4.21 Health and Safety The institution or other entity shall provide an effective program of health and safety education reflecting the needs of the students. The program shall include information on emergency and safety procedures at the institution or entity including appropriate responses to illness, accident, fire, and crime.

4.22 Learning Outcomes An institution or other entity must have an objective system of assessing learning outcomes in place for each part of the curriculum and the institution or other entity can demonstrate that appropriate learning outcomes are being achieved.

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MISSISSIPPI COMMISSION ON COLLEGE ACCREDITATION ADDITIONAL ITEMS

APPENDIX

Appendix A Data Reporting-Mississippi SARA Institutions Only Appendix B Provisional Approval Appendix C Nursing Education Appendix D Other Regulatory Matters

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APPENDIX A: DATA REPORTING-MISSISSIPPI SARA INSTITUTIONS ONLY

A. Institutions are required to annually report to NC-SARA the number of exclusively distance students enrolled in the institution engaged in distance education, disaggregated by state, territory, or district in which the students are located, including the home state. This includes both degree and non-degree for-credit courses. Institutions shall also report the numbers of their students engaged in certain experiential learning placements disaggregated by state and two-digit Classification of Instruction Programs (CIP) codes.

B. Follow the NC-SARA data reporting schedule.

C. Failure to submit materials on time will result in a delinquent fee in the amount of $500 and being placed on provisional status for SARA. Fees will increase by an additional $500 for every 30 days that fees and/or materials are not paid or submitted on time.

D. The provisions of Appendix A have been developed to reflect Section 6 of the SARA Policy Manual.

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APPENDIX B: PROVISIONAL APPROVAL A. The Commission may, at its discretion, provisionally approve institutions for participation in SARA in any of the circumstances set forth in the SARA Policy Manual.

B. An institution admitted to or renewed for SARA participation in provisional status will be subject to the oversight measures that the Commission deems necessary for purposes of ensuring SARA requirements are met. The Commission, in its discretion, may allow the institution a period of time not to exceed twelve (12) months from the date of determination that the institution in provisional status does not meet the requirements of SARA to come into compliance with SARA standards under the supervision of the Commission. Should an extension of provisional status exceed one year, the Commission will follow procedures set forth in the SARA Policy Manual.

C. At the end of the provisional status period, if an institution approved to operate under SARA in provisional status is no longer subject to any of the conditions set forth in the SARA Policy Manual, the Commission shall grant the application if the criteria justifying provisional status no longer apply.

D. At the end of the provisional status period, if the Commission determines that the institution approved to operate under SARA in provisional status does not meet the requirements of SARA, the Commission may disallow any further enrollments under SARA, notify SREB and NC-SARA, and remove the institution from SARA participation. The Commission may allow any students enrolled in the institution under SARA provisions at the time of the finding of noncompliance a period of six (6) months in which to conclude their work at the institution.

E. The provisions of Appendix B have been developed to reflect Subsections 3.2 and 3.3 of the SARA Policy Manual.

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APPENDIX C: NURSING EDUCATION The Board of Trustees of State Institutions of Higher Learning (Board) is empowered by the State Legislature (Miss. Code [1991 Supp.] § 37-129-1, et seq.) and required to establish by rules and regulations and promulgate uniform standards for accreditation of Schools of Nursing in the State of Mississippi in so far as concerns the eligibility of graduates of such schools to take the examination prescribed by law to become registered nurses authorized to practice the profession of nursing as registered nurses in Mississippi, and in so far as concerns student nurses attending such schools being eligible to participate in any of the following student nurse scholarship programs or other program of assistance now existing or hereafter established by legislative enactment.

The Board is also required to issue to such Schools of Nursing upon an annual basis certificates of accreditation as may be proper under such standards.

The Board, in recognizing that each unit in nursing offering nursing degree programs has individual characteristics and goals, maintains that each shall implement its own philosophy, purposes, and objectives. All programs in nursing shall be based on sound educational principles under the guidance of a competent faculty. The total program of nursing education shall meet the required standards of accreditation as prescribed by the Board.

Mississippi nursing schools (units in nursing) should prepare students for nursing careers according to the type of program that they offer. Rigid conformity to a specific and fixed curriculum is not expected. Rather, the Board approves programs which are of superior caliber and encourages creative and intelligent experimentation based on sound principles.

In carrying out its statutory responsibilities with regard to nursing degree program accreditation, it is the intent of the Board to ensure that all such programs in the State under its jurisdiction meet State accreditation standards in a consistent manner. Many changes have occurred in nursing education since Mississippi's nursing school accreditation law was enacted. The number of programs has increased and the quality of nursing education has improved substantially. All nursing degree programs in Mississippi not only meet mandatory State accreditation standards, but also have achieved or are in the process of achieving accreditation by one of the three national, non-profit accrediting bodies, Accreditation Commission for Education in Nursing (ACEN), Commission on Collegiate Nursing Education (CCNE), and National League for Nursing Commission for Nursing Education Accreditation (NLN CNEA). The Board recognizes that ACEN, CCNE, and/or NLN CNEA accreditation for Mississippi nursing programs is desirable because of the quality of standards, emphasis placed on outcomes, and importance in the national marketplace for recruiting faculty and students.

Undergraduate and Graduate Nursing Clinical Courses in Mississippi by Out-Of-State Programs Out-of-state undergraduate and/or graduate nursing education degree programs offering clinical experiences in Mississippi are expected to maintain the standards required of the Mississippi- based programs. The Mississippi Commission on College Accreditation (MCCA) serves as the

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state portal agency for SARA and the state regulator for postsecondary academic degree-granting institutions. Institutions desiring to place nursing students in clinical practicums must be SARA institutions. If not, the authorization process for Non-SARA Distance Education Programs through MCCA must be completed. Clinical practicums in the state are considered domiciled and trigger a physical presence. Therefore, the program will need to be reviewed by IHL Nursing Education. This process may take up to three (3) months. To request a review of the nursing education program degree or questions, contact the Director of Nursing Education at Mississippi Institutions of Higher Learning Academic and Student Affairs.

Mississippi Institutions of Higher Learning Academic and Student Affairs Nursing Education 3825 Ridgewood Road Jackson, MS 39211 http://www.mississippi.edu/nursing/

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APPENDIX D: Other Regulatory Matters

A. Relation to Federal and State Laws and Policies The foregoing standards and regulations as adopted by the Commission are meant to incorporate, and do not purport to supplant or modify, those laws, statutory enactments, regulations, and polices which may govern or relate to subject matter of these standards, rules and regulations, policies, provisions, and procedures.

B. Relation to United States Department of Education Recognized Accrediting Agencies The foregoing standards and regulations as adopted by the Commission are meant to incorporate, and do not purport to supplant or modify, those criteria, practices, polices, and procedures which may govern or relate to subject matter of these standards, rules and regulations, policies, provisions, and procedures.

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Part 202 Availability of Information

Chapter 1 Availability of Information

10 Miss. Admin. Code Pt. 202, R. 1.1 Availability of Information

A. Information concerning the following is available on the commission’s website www.mississippi.edu/mcca within the Authority and Standards document: commission purpose, composition, term of office (Authority of the Commission); meeting information (Meetings of the Commission), commission decision appeal instructions (Procedures);

B. Pursuant to the Mississippi Public Records Acts of 1983 (the "Act"), effective from and after July 1, 1983, the commission hereby adopts the following regulations and procedures with respect to such public records as may be in its possession. Such rules and procedures are applicable to and shall govern the right to inspect, copy, or reproduce or obtain a reproduction of any public records in the possession of the commission.

(a) Any person wishing to inspect or copy public records must make the request in writing to the commission and must clearly identify the specific information sought. All requests should be dated and include the name of requester, address of the requestor, and current contact information for the requestor. Any response by the commission for a request for access to records will be forwarded to the requesting party within seven (7) working days of the receipt of such request. If the commission is unable to produce the requested record within seven working days after the request is made, the commission shall provide a written explanation to requestor(s) stating that the record will be produced and specifying with particularity why the record(s) cannot be produced within the seven-day period. Absent a mutual agreement between the parties, in no event shall the date for the commission’s production of requested records be any later than fourteen (14) working days from receipt by the commission of the original request.

(b) Denial by the commission of a request for access to or copies of public records shall be in writing and shall contain a statement of the specific exemption relied upon by the commission for the denial. A file of all denials of requests for public records will be maintained by the commission for a period of no less than three (3) years from the date such denials are made.

(c) Recipient(s) will be assisted by a staff member at a charge not to exceed actual costs. Actual costs for search, review and/or possible redaction of information by a staff member will be based upon the hourly rate of compensation for the lowest paid agency employee qualified to perform the task and multiplied by the actual time utilized to complete the task. Recipient(s) will be charged fifteen cents per page for standard black and white photocopies. For all nonstandard photocopies, actual costs of reproduction will be assessed to recipient(s). Records will be

available for inspection and copying by appointment during regular working hours, Monday through Friday, holidays excluded.

(d) Recipient(s) will deposit cash, check or money order in escrow with the staff prior to receiving material. This estimated amount must be sufficient to cover the estimated cost of the staff member's assistance, copying fees, mailing fees, and/or any associated reproduction fees. Recipient(s) desiring information by mail will be charged actual mailing costs in addition to those costs set forth in subsection (c).

(e) Adequate space to inspect requested documents will be provided at no cost, if available. Recipient(s) will be provided requested documents by a staff member but no more than one recipient at a time.

(f) All written requests must be submitted to:

Mississippi Commission on College Accreditation 3825 Ridgewood Road Jackson, MS 39211

History

Source: Miss. Code Ann., § 25-61-1 - 17, as amended.

Chapter 2 Oral Proceeding

10 Miss. Admin. Code Pt. 202, R. 2.1 Request for Oral Proceeding

When a political subdivision, an agency, or ten (10) citizens request(s) an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request. Each request must include the full name, telephone numbers, physical and mailing address(es) of the requestor(s). All requests shall be signed by the person submitting the request, unless represented by an attorney, in which case the attorney may sign the request.

History

Source: Miss. Code Ann § 25-43-105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 2.2 Notice of Oral Proceeding

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State’s Office for publication in the Administrative Bulletin. The commission will provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The chair, or his/her designee who is familiar with the substance of the proposed rule, will preside at the oral proceeding on a proposed rule.

History

Source: Miss. Code Ann § 25-43-105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 2.3 Public Participation Guidelines

Public participation will be permitted at oral proceedings in accordance with the following:

A. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule.

B. Persons wishing to make oral presentations at such a proceeding shall notify the commission at least five business days prior to the proceeding and indicate the general subject of their presentations.

C. At the proceeding, those who participate shall indicate their names and addresses, indentify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

D. The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

E. Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding.

F. Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

Source: Miss. Code Ann.§ 25-43-2.105 (Rev. 2006)

10 Miss. Admin. Code Pt. 202, R. 2.4 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the commission, part of the rulemaking record, and are subject to the commission’s public records request procedure. The commission may record oral proceedings by stenographic or electronic means.

History

Source: Miss. Code Ann.§ 25-43-2.105 (Rev. 2006).

Chapter 3 Declaratory Opinions

10 Miss. Admin. Code Pt. 202, R. 3.1 Application of Chapter

This chapter sets forth the commission’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the commission’s procedures regarding the disposition of requests as required by Mississippi Code § 25-43-2.103.

History

Source: Miss. Code Ann.§ 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.2 Scope of Declaratory Opinions

The commission will issue declaratory opinions regarding the applicability to specified facts of:

A. a statute administered or enforceable by the commission,

B. a rule promulgated by the commission, or an order issued by the commission.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.4 How to Submit Requests

A. Each request must be submitted on 8-1/2” x 11” white paper.

B. The request may be in the form of a letter addressed to the commission or in the form of a pleading as if filed with a court.

C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

E. Each request must clearly state that it is a request for a declaratory opinion.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.5 Signature Attestation

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.6 Request Content Requirement

Each request must contain the following:

A. A clear identification of the statute, rule, or order at issue;

B. The question for the declaratory opinion;

C. A clear and concise statement of all facts relevant to the question presented;

D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and

E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.7 Reasons for Refusal of Declaratory Opinion Request

The commission 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. The matter is outside the primary jurisdiction of the commission;

B. Lack of clarity concerning the question presented;

C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

E. The facts presented in the request are not sufficient to answer the question presented;

F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

G. 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 rule, statute, or order on which a declaratory opinion is sought;

H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order;

I. The question presented by the request concerns the legal validity of a statute, rule, or order;

J. 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;

K. No clear answer is determinable;

L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime;

M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

N. The question is currently the subject of an Attorney General's opinion request;

O. The question has been answered by an Attorney General's opinion;

P. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question;

Q. A similar request is pending before the commission, 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; or

R. The question involves eligibility for a license, permit, certificate or other approval by the commission or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.8 Agency 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 commission will, in writing:

A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances;

B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or

C. Decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first business day after which the request is received by the commission.

History

Source: Miss. Code Ann. § 25-43-2.103 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.9 Finality of Declaratory Opinions

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the commission may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an

opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 202, R. 3.10 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests that contain information that is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

Source: Miss. Code Ann. § 25-43-2.103 (Rev. 2006).

MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION

Part 101 Mississippi Authority for Educational Television Regulations

Chapter 1 Authority and Board

10 Miss. Admin. Code Pt. 101, R. 1.1 Authorization

The Mississippi Authority for Educational Television shall be authorized by the Mississippi Legislature. The Mississippi Authority for Educational Television, as an agent of state government shall have the responsibility for the administration, operation, and control of educational television and radio in Mississippi. It shall serve the public interest by providing educational and instructional, professional growth, and public service programs for students and citizens of Mississippi.

History

Source: Miss. Code Ann. § 37-63-1 (1990)

10 Miss. Admin. Code Pt. 101, R. 1.2 Authority

The Mississippi Authority for Educational Television Board of Directors shall consist of the State Superintendent of Public Education, or his designee, and six (6) members appointed, with the advice and consent of the Senate. The Governor shall appoint four (4) members, one (1) of whom shall be actively engaged as a teacher or principal in a secondary school system in the State of Mississippi and one (1) of whom shall be actively engaged as a teacher or principal in an elementary school system in the State of Mississippi. The Mississippi Community College Board shall appoint one (1) member, and the Board of Trustees of State Institutions of Higher Learning shall appoint one (1) member.

History

Source: Miss. Code Ann. § 37-63-3 ( 2014)

10 Miss. Admin. Code Pt. 101, R. 1.3 Terms of the Board

All appointed members shall serve for terms of four (4) years. An appointment to fill a vacancy among the gubernatorial appointees other than by expiration of a term of office, shall be made by the Governor for the balance of the unexpired term.

History

Source: Miss. Code Ann. § 37-63-4 (2014)

Chapter 2 Oral Proceedings

10 Miss. Admin. Code Pt. 101, R. 2.1 Purpose of Chapter

All oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before Mississippi Public Broadcasting pursuant to the Administrative Procedures Act shall be conducted according to the rules set forth herein this chapter.

History

Source: Miss. Code Ann. § 25-43-3.104 or §25-43-3.104(2)(d)

10 Miss. Admin. Code Pt. 101, R. 2.2 Request for Oral Proceeding

Political subdivisions, agencies, or citizens who request an oral proceeding in regards to a proposed rule adoption must submit a printed, typewritten, or legibly handwritten request in accordance with the following:

A. Each request must be submitted on 8 ½” x 11” white paper.

B. The request may be in the form of a letter addressed to Mississippi Public Broadcasting or in the form of a pleading as if filed with a court. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

Source: Miss. Code Ann. § 25-43-3.104(2)(a)

10 Miss. Admin. Code Pt. 101, R. 2.3 Notice of Oral Proceeding

History

Source: Miss. Code Ann. § 25-43-3.104(2)(b)

10 Miss. Admin. Code Pt. 101, R. 2.4 Public Participation Guidelines

Public participation shall be permitted at oral proceedings in accordance with the following:

A. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule. B. Persons wishing to make oral presentations at such a proceeding shall notify Mississippi Public Broadcasting at least three business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not contacted the Mississippi Public Broadcasting prior to the proceeding. C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. D. The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. E. Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding. F. Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any

question.

History

Source: Miss. Code Ann. § 25-43-3.104(2)(d)

10 Miss. Admin. Code Pt. 101, R. 2.5 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of Mississippi Public Broadcasting, part of the rulemaking record, and are subject to Mississippi Public Broadcasting’s public records request procedure. Mississippi Public Broadcasting may record oral proceedings by stenographic or electronic means.

History

Source: Miss. Code Ann. § 25-43-3.104(1)

Chapter 3 Declaratory Opinions

10 Miss. Admin. Code Pt. 101, R. 3.1 Purpose of Chapter

Mississippi Public Broadcasting’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and Mississippi Public Broadcasting’s procedures regarding the disposition of requests as required by Mississippi Code § 25-43-2.103 are stated herein this chapter.

History

Source: Miss. Code Ann. § 25-43-2.103

10 Miss. Admin. Code Pt. 101, R. 3.2 Scope of Declaratory Opinions

Mississippi Public Broadcasting will issue declaratory opinions regarding the applicability to specified facts of:

A. A statute administered or enforceable by Mississippi Public Broadcasting. B. A rule promulgated by Mississippi Public Broadcasting. C. An order issued by Mississippi Public Broadcasting.

History

Source: Miss. Code Ann. § 25-43-2.103(3)

10 Miss. Admin. Code Pt. 101, R. 3.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

Source: Miss. Code Ann. § 25-43-2.103(2)(a)

10 Miss. Admin. Code Pt. 101, R. 3.4 How to Submit Requests

A. Each request must be submitted on 8-1/2” x 11” white paper. B. The request may be in the form of a letter addressed to the Mississippi Public Broadcasting or in the form of a pleading as if filed with a court. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. E. Each request must clearly state that it is a request for a declaratory opinion.

History

Source: Miss. Code Ann. § 25-43-2.103(2)(a)

10 Miss. Admin. Code Pt. 101, R. 3.5 Signature Attestation

History

Source: Miss. Code Ann. § 25-43-2.103(2)(a)

10 Miss. Admin. Code Pt. 101, R. 3.6 Request Content Requirements

Each request must contain the following:

A. A clear identification of the statute, rule, or order at issue; B. The question for the declaratory opinion; C. A clear and concise statement of all facts relevant to the question presented; D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

Source: Miss. Code Ann. § 25-43-2.103(2)(a)

10 Miss. Admin. Code Pt. 101, R. 3.7 Reasons for Refusal of Declaratory Opinions Request

Mississippi Public Broadcasting 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. The matter is outside the primary jurisdiction of the Mississippi Public Broadcasting; B. Lack of clarity concerning the question presented; C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary; D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; E. The facts presented in the request are not sufficient to answer the question presented; F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules; G. 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 rule, statute, or order on which a declaratory opinion is sought; H. No controversy exists or is certain to arise which raises a question concerning

the application of the statute, rule, or order; I. The question presented by the request concerns the legal validity of a statute, rule, or order; J. 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; K. No clear answer is determinable; L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime; M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; N. The question is currently the subject of an Attorney General's opinion request; O. The question has been answered by an Attorney General's opinion; P. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question; Q. 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; or R. The question involves eligibility for a license, permit, certificate or other approval by Mississippi Public Broadcasting or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

History

Source: Miss. Code Ann. § 25-43-2.103(3)(c)

10 Miss. Admin. Code Pt. 101, R. 3.8 Agency Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, Mississippi Public Broadcasting shall, in writing:

A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances; B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or C. Decline to issue a declaratory opinion, stating the reasons for its action. D. The forty-five (45) day period shall begin on the first business day after which the request is received by Mississippi Public Broadcasting.

History

Source: Miss. Code Ann. § 25-43-2.103(3)

10 Miss. Admin. Code Pt. 101, R. 3.9 Availability of Declaratory Opinions and Requests for Opinions

information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

Source: Miss. Code Ann. § 25-43-2.103(5)(c)

MS POST-SECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD MS POST-SECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD

Part 601 Part 601: Authority and Responsibilities

Chapter 1 Authority of the Board of Trustees of State Institutions of Higher Learning

10 Miss. Admin. Code Pt. 601, R. 1.1 Authority of the Board of Trustees of State Institutions of Higher Learning

The Board of Trustees of State Institutions of Higher Learning, hereafter referred to as the Agency, is granted authority by the State of Mississippi for oversight of the Mississippi Office of Student Financial Aid and for administration of various state-supported student financial assistance programs. Authority is granted by the legal statutes authorizing such programs, as follows:

Program Name Authorizing Code Section Undergraduate Grant and Scholarship Programs GEAR UP Mississippi Scholarship – Cohort 1 (GUMS) Federal Matching Grant GEAR UP Mississippi Scholarship – Cohort 2 (GUMS) Federal Matching Grant Summer Development Program Grant (SUMD) Miss. Code Ann.§ 27-103-203

History

Source: Miss. Code Ann. § 37-106-9 and Miss. Code Ann. § 27-103-203

Chapter 2 Mississippi Postsecondary Education Financial Assistance Board

10 Miss. Admin. Code Pt. 601, R. 2.1 Statutory Creation, Composition, and Powers of the Mississippi Postsecondary Education Financial Assistance Board

The Postsecondary Education Financial Assistance Board, hereafter referred to as the Board or the Postsecondary Board, was first created in 1975 to administer the state’s guaranteed student loan program. The Board was later given authority for the state’s primary grant programs. In 2014, all state student grant and forgivable loan programs were consolidated under the authority of the Board.

I. The Board will consist of the following nine (9) voting members:

A. Two (2) people to be appointed by the Board of Trustees of State Institutions of Higher Learning, one (1) from its membership and one (1) institutional representative;

B. Two (2) people to be appointed by the Mississippi Community College Board, one (1) from its membership and one (1) institutional representative;

C. Two (2) people to be appointed by the Governor;

D. Two (2) people to be appointed by the Executive Director of the Mississippi Association of Independent Colleges and Universities, one (1) association representative and one (1) institutional representative;

E. One (1) person to be appointed by the Lieutenant Governor.

II. The following elected officials will serve as non-voting advisory members to the Board:

A. The Chairman of the House Universities and Colleges Committee and

B. The Chairman of the Senate Universities and Colleges Committee.

III. The board shall elect from its membership a chairman.

IV. The members of the board shall serve without pay.

V. The board is vested with full and complete authority and power to sue in its own name any person for any balance, including principal, interest and reasonable collection costs or attorney's fees, due and owing the state on any uncompleted contract.

VI. The board shall promulgate rules and regulations to govern the state grant and forgivable loan programs authorized in this chapter.

History

Source: Miss. Code Ann. § 37-106-9 and § 37-106-11.

10 Miss. Admin. Code Pt. 601, R. 2.2 Purpose of the Mississippi Postsecondary Education Financial Assistance Board

The Purpose of the Mississippi Postsecondary Education Financial Assistance Board is as follows:

I. To make manifest the belief that the continued growth and development of Mississippi requires that all Mississippi youth be assured ample opportunity for the fullest development of their abilities and to recognize that this opportunity will not fully materialize unless the State of Mississippi moves to encourage and financially assist our young people in their efforts.

II. To operate the programs created by legislative enactment, wherein Mississippi residents are granted forgivable loans in certain professional fields in return for their contractual obligation to perform services in such professions under a variety of requirements of location, duration, manner and mode of service, and institution in which performed.

III. To fashion new and innovative systems for the financing of forgivable loan programs by combining the use of private sector loans for education and guaranteed student loans with loan repayment programs promulgated by the board.

IV. To promote, strengthen, encourage and enhance high standards of performance in administration and operation of state scholarship, grant, and loan programs to the end that the benefits of these programs shall be available to students throughout the state for the purpose of expanding and furthering postsecondary educational opportunities.

V. To provide a forum for the development and exchange of information, ideas, policy positions, procedures and needs for student financial assistance for the benefit of universities, colleges, the legislature, and other agencies and organizations.

VI. To facilitate the development and exchange of information about state financial aid programs.

VII. To establish and act as a collective voice of reasoned opinion before the state legislature with respect to student financial aid programs whose objective is the furtherance of postsecondary education in Mississippi and to consider, debate, decide positions, make recommendations and otherwise act as an advising body on such matters as shall serve the objectives set forth herein this article.

VIII. To collaborate with institutions of higher learning and other state agencies in the interest of effective implementation of various federal, state and institutional student financial assistance programs.

IX. To work with other agencies to design, implement and operate simplified student application procedures for student financial assistance and design a uniform method of determining the financial need of an eligible student while attending an approved institution which cannot reasonably be met by said student, or by the parents.

X. To conduct research, publish reports, hold conferences and otherwise engage in activities which: (1) help existing programs to become more responsive to federal, regional and state public policy goals and objectives; (2) encourage the development of new programs as the need arises; (3) work toward the prevention and elimination of fraud and abuse in student financial aid programs; and (4) enable the Postsecondary Board to accomplish the objectives set forth herein.

History

Source: Miss. Code Ann. § 37-106-3.

10 Miss. Admin. Code Pt. 601, R. 2.3 Terms of Service of Mississippi Postsecondary Education Financial Assistance Board Members

I. Two (2) people will be appointed by the Board of Trustees of State Institutions of Higher Learning, one (1) from its membership to serve for an initial period of four (4) years and one (1) institutional representative to serve for an initial period of three (3) years.

II. Two (2) people will be appointed by the Mississippi Community College Board, one (1) from its membership to serve for an initial period of three (3) years and one (1) institutional representative to serve for an initial period of two (2) years.

III. Two (2) people will be appointed by the Governor, one (1) to serve for an initial period of two (2) years and one (1) to serve for an initial period of one (1) year.

IV. Two (2) people will be appointed by the Executive Director of the Mississippi Association of Independent Colleges and Universities, one (1) association representative to serve for an initial period of two (2) years and one (1) institutional representative to serve for an initial period of one (1) year.

V. One (1) person will be appointed by the Lieutenant Governor for an initial period of (4) years.

VI. All subsequent appointments shall be for a period of four (4) years.

VII. Vacancies shall be filled for the length of the unexpired term only.

History

Source: Miss. Code Ann. § 37-106-9.

10 Miss. Admin. Code Pt. 601, R. 2.4 Meetings of the Mississippi Postsecondary Education Financial Assistance Board

I. The Postsecondary Board will establish a meeting schedule and publish the schedule on the Mississippi Office of Student Financial Aid website.

II. Notice of Board meetings will be provided at least five (5) days prior to the scheduled Board meeting in accordance with the Open Meetings Act.

III. Special meetings of the Board may be called upon the occurrence of events which warrant the consideration and attention of the Board.

History

Source: Miss. Code Ann. § 37-106-9 and § 25-41-1 through § 25-41-17.

Chapter 3 Authority of the Mississippi Postsecondary Education Financial Assistance Board

10 Miss. Admin. Code Pt. 601, R. 3.1 Authority of the Mississippi Postsecondary Education Financial Assistance Board

The Postsecondary Education Financial Assistance Board is granted authority by the State of Mississippi for administration of various state student financial assistance programs. Authority is granted by the legal statutes authorizing such programs as follows:

Program Name Authorizing Code Section Undergraduate Grant and Scholarship Programs (Parts 610-619) Mississippi Resident Tuition Assistance Grant (MTAG) Miss. Code Ann.§ 37-106-29 Mississippi Eminent Scholars Grant (MESG) Miss. Code Ann.§ 37-106-31 Higher Education Legislative Plan for Needy Students (HELP) Miss. Code Ann. § 37-106-75 Law Enforcement Officers and Firefighters Scholarship Program (LAW) Miss. Code Ann. § 37-106-39

Southwest Asia Prisoner of War/Missing in Action Scholarship Program (POW) – Inactive/Unfunded Miss. Code Ann. § 37-106-41 Nissan Scholarship (NISS) Miss. Code Ann.§ 37-106-11 Graduate Grant and Scholarship Programs (Parts 620-629) Mississippi Public Management Graduate Intern Program (PMGT) – Unfunded Miss. Code Ann. § 37-106-43 Undergraduate Forgivable Loan Programs (Parts 630-649) Undergraduate and Graduate Forgivable Loan Programs (Parts 650-659) Health Care Professions Forgivable Loan (HCP) – Unfunded Miss. Code Ann. § 37-106-67 Family Protection Specialist Social Worker Forgivable Loan (SWOR) – Unfunded Miss. Code Ann. § 37-106-69 Graduate Forgivable Loan Programs (Parts 660-679) Counselor and School Administrator Forgivable Loan (CSA) – Inactive Miss. Code Ann. § 37-106-47 Graduate Teacher Forgivable Loan (GTS) – Inactive Miss. Code Ann. § 37-106-47 Southern Region Education Board Doctoral Scholars Forgivable Loan (SDSP) – Inactive Miss. Code Ann. § 37-106-47 Critical Needs Dyslexia Therapy Teacher Forgivable Loan (CNDT) Miss. Code Ann. § 37-106-71

State Dental Education Forgivable Loan (DENT) – Unfunded Miss. Code Ann. § 37-106-63 State Medical Education Forgivable Loan (MED) – Unfunded Miss. Code Ann. § 37-106-61 Southern Regional Education Board Regional Contract Forgivable Loan (SREB) Miss. Code Ann. § 37-106-47 Graduate and Professional Degree Forgivable Loan (STSC) – Unfunded Miss. Code Ann. § 37-106-65 Veterinary Medicine Minority Forgivable Loan (VMMP) – Inactive Miss. Code Ann. § 37-106-47 Speech-Language Pathologists Forgivable Loan (SLPL) Miss. Code Ann. § 37-106-73 Loan Repayment and Other Programs (Parts 680-689) Winter-Reed Teacher Loan Repayment Program (WRTR) Miss. Code Ann. § 37-106-36 Skilled Nursing Home and Hospital Nurses Retention Loan Repayment Program (NULR) Regular Session 2023, SB

Miss. Code Ann. § 37-106-43; Miss. Code Ann. § 37-106-47; Miss. Code Ann. § 37-106-61; Miss. Code Ann. § 37-106-63; Miss. Code Ann. § 37-106-65; Miss. Code Ann. § 37-106-67; Miss. Code Ann. § 37-106-69; Miss. Code Ann. § 37-106-71; Miss. Code Ann. § 37-106-73; Miss. Code Ann. § 37-106-75.

History

Source: Miss. Code Ann. § 37-106-11; Miss. Code Ann.§ 37-106-29; Miss. Code Ann.§ 37-106- 31; Miss. Code Ann. § 37-106-36; Miss. Code Ann. § 37-106-39; Miss. Code Ann. § 37-106-41;

Chapter 4 Office of Student Financial Aid

10 Miss. Admin. Code Pt. 601, R. 4.1 Statutory Creation of the Office of Student Financial Aid

The Board of Trustees of State Institutions of Higher Learning shall designate one (1) member of its staff to serve as Director of the Postsecondary Board, to administer the provisions of the financial assistance

programs established in accordance with the Postsecondary Education Financial Assistance Law of 1975. The Director shall be assigned by the Agency sufficient staff, professional and clerical, funds and quarters to administer this program. The staff and Director shall be organized under the Mississippi Office of Student Financial Aid, hereafter referred to as the Office.

History

Source: Miss. Code Ann. § 37-106-9.

10 Miss. Admin. Code Pt. 601, R. 4.2 Director of Student Financial Aid

I. The Director of Student Financial Aid directs the activities of the Mississippi Office of Student Financial Aid. The Director is designated by the Agency as the Director of the Postsecondary Board. In accordance with the Postsecondary Education Financial Assistance Law of 1975, the Director, subject to the review of the Postsecondary Board, shall have the power of final approval of any application submitted. Subject to the approval of the Postsecondary Board, the Director has authority to promulgate the necessary rules and regulations for effective administration of the programs authorized by the Postsecondary Board.

II. The Director of Student Financial Aid is empowered to carry out the functions of the Board relating to the administration of the state financial aid programs. As such, the Director may approve and disapprove various items on behalf of the Board, including, but not limited to: requests for deferment, requests for cancellation, and requests for total and permanent disability. Subject to the approval of the Postsecondary Board, the Director has authority to promulgate the necessary rules and regulations for the programs administered by the Office.

History

Source: Miss. Code Ann. § 37-106-9 and Miss. Code Ann. § 37-106-17.

10 Miss. Admin. Code Pt. 601, R. 4.3 General Purpose of the Office of Student Financial Aid

The Mississippi Office of Student Financial Aid is responsible for administering all aspects of the state-supported student financial aid programs. The Office also administers or coordinates some federal and private grants and scholarships. For state forgivable loan programs, the Office monitors student service obligations and collects funds paid in repayment of loans. The Office maintains records, documents activities, and reports on its activities in accordance with state and federal laws. The Office seeks to build awareness and understanding of financial aid opportunities. The Office interfaces with external constituency groups, such as the Mississippi Legislature, state and national financial aid organizations, non-profit college access organizations, and others.

History

Source: Miss. Code Ann. § 37-106-9.

10 Miss. Admin. Code Pt. 601, R. 4.4 Mission of the Office of Student Financial Aid

The Mississippi Office of Student Financial Aid seeks to provide financial assistance to students in pursuit of educational and professional goals and to help the state achieve the goal of a more educated citizenry while alleviating critical workforce needs in specific service areas.

History

Source: Miss. Code Ann. § 37-106-3 and 37-106-9.

Chapter 5 Creation and Modification of Student Financial Assistance Programs

10 Miss. Admin. Code Pt. 601, R. 5.1 Creation of Student Financial Assistance Programs

State-supported student financial assistance programs may be created by the Mississippi Legislature through the established legislative process The Legislature will name the administering agency in the authorizing legislation. If the Agency or the Postsecondary Board is named as the administering agency, the Mississippi Office of Student Financial Aid will complete the following process: I. Draft Rules and Regulations and Contracts (when appropriate) to govern the program;

II. Submit the Rules and Regulations and Contracts to the Office of the Attorney General for review;

III. Present the Rules and Regulations and Contracts to the Postsecondary Board for approval, pending completion of the Administrative Procedures Act Process;

IV. After Board approval is obtained, complete the Administrative Procedures Act Process as required by the Secretary of State;

V. Publish the Rules and Regulations and other public information about the program;

VI. Make the program available for application through the state online application portal.

History

Source: Miss. Code Ann.§ 37-106-3.

10 Miss. Admin. Code Pt. 601, R. 5.2 Modification of Student Financial Assistance Programs

I. The Office of Student Financial Aid will continuously monitor the state-supported student financial aid programs for accessibility, necessity, affordability, and efficiency and will consider potential program modifications as needed.

II. The Office will consider potential program modifications that are expressed in writing from Legislators, higher education institutions, workforce or industry representatives, and other government agencies.

III. If there is identified a need to modify a program, the Office will follow the following process:

A. The Office documents the need for the change by collecting data related to the number of students that will be affected by the change, the projected cost of the change, and the rationale for the change;

B. Once the need for modification of a program is documented, the Office drafts proposed changes to the program Rules and Regulations and Contract (when

appropriate);

C. The modified Rules and Regulations and Contract (when appropriate) are submitted to the Office of the Attorney General for review and approval;

D. The modified Rules and Regulations and Contract (when appropriate) are then submitted to the appropriate Board(s) for consideration;

E. Once Board approval is obtained, the Office publishes the Rules and Regulations and other public information about the program and makes the program available for application through the state online application portal.

and Miss. Code Ann. § 37-106-19.

History

Source: Miss. Code Ann. § 37-106-3; Miss. Code Ann. § 37-106-9; Miss. Code Ann. § 37-106-17;

Chapter 6 Reporting

10 Miss. Admin. Code Pt. 601, R. 6.1 Reporting

I. The Mississippi Office of Student Financial Aid will report on the activities of the Office annually as required by state and/or federal law.

II. All funds administered by the Board shall be accounted for in an annual report that shall be submitted to the Legislature within ten (10) days after the convening of each new legislative session. The report should detail for each grant, scholarship, or forgivable loan program the number of recipients, the total amount of awards made, and the average award amount. The report shall include the number of students at each institution receiving financial assistance and the amount of such assistance. For forgivable loan programs, the report shall also include a summary of the repayment status and method of repayment for student cohorts as well as an accounting of the receipt of funds in repayment. Furthermore, all funds received and expended shall be reported and otherwise accounted for in accordance with the provisions of Section 37-106-11, Mississippi Code of 1972, except where individual identifying information must be withheld pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99.

III. The Mississippi Office of Student Financial Aid will post the Annual Report to the Mississippi Legislature on its website and will furnish copies to the Agency and the Postsecondary Board.

History

Source: Miss. Code Ann. § 37-106-11 and 20 U.S.C. § 1232g; 34 CFR Part 99.

Chapter 7 Compliance with State and Federal Regulations Rule 7.1 Compliance with State and Federal Regulations. The Mississippi Office of Student Financial Aid will comply with state and federal laws and regulations. All Office employees are

10 Miss. Admin. Code Pt. 601, R. 7.2 Compliance with the Federal Education Rights and Privacy Act of 1974 (FERPA)

The Family Educational Rights and Privacy Act of 1974 (FERPA), is a federal law that grants important privacy rights to students regarding their educational records. More specifically, unless required by federal law, the information contained in educational records may not be disclosed to third parties, including parents, without the written consent of a student who is 18 or over. In addition to granting privacy rights, FERPA gives students the right to review their educational records and the right to request an amendment of those records should they feel the records contain inaccurate information.

II.

The term, “educational records,” as used in the FERPA statute, includes more than academic records in its meaning. Educational records may also be financial aid records, transcripts, letters of recommendation, disciplinary files, grades, test scores, admissions applications and course enrollments. In essence, any records maintained by an institution and which contain information directly related to a student are educational records. Additionally, FERPA designates certain types of student information which may be published or released without the consent of the student. This information is referred to as “directory information”. Although such information is contained within an educational record, it is not generally considered harmful or an invasion of privacy if disclosed. Directory information can include a student’s name, address, telephone listing, email address, photograph, birth date, place of birth, area of study, grade level, dates of attendance, and recognition for activities, honors and awards.

III.

Applicants for state student financial assistance complete an educational records release form at the point of application and may update the educational records release permissions at any time by accessing the student account online. To provide permission for the Office to release a student’s non-directory information, the student must provide the name of the person to whom information can be released, the relationship of that person to the student, the person’s date of birth, and the last four digits of the person’s Social Security Number. Non-directory information will be released only to persons with an active records release form on file with the Office.

IV.

The Office seeks to ensure the security of non-directory information, also referred to as Highly Confidential Information. Therefore, the Office will abide by the following policies when transmitting and storing such information:

A. The preferred method of transmitting Highly Confidential Information is via the Office’s Secure Document Share Portal, which is protected via SSL technology. Some Highly Confidential Information may also be shared via the Office’s Secure Counselor Web Application.

B. If it is necessary to mail physical copies of Highly Confidential Information, the Highly Confidential Information will be mailed in a tamper-proof, labeled container, with a tracking number and a delivery confirmation receipt.

C. When it is necessary to mail Highly Confidential Information on electronic media, such as CDs, DVDs, electronic tape, etc., the Highly Confidential Information will be encrypted. The Highly Confidential Information shall only be mailed in accordance with the provisions of IV.B. above.

D. If it is necessary to transmit Highly Confidential Information electronically via any method not listed in IV.A. above (such as email), the Highly Confidential Information will be encrypted.

E. Passwords or other information sufficient to allow decryption of Highly Confidential Information will not be emailed along with the Encrypted Highly Confidential Information.

F. Physical copies (paper or other physical representations) of Highly Confidential Information will be kept under lock and key when not in immediate use. Highly Confidential Information will not be left unsecured and unattended at any time.

G. Highly Confidential Information stored on electronic media, such as CDs, DVDs, tape, flash drives, etc. will be Encrypted. Further, such electronic media shall be kept locked, or otherwise have sufficient physical access control measures to prevent unauthorized access. Highly Confidential Information in any electronic format, including computer databases, will not be left unsecured, meaning accessible without a password, and unattended at any time.

H. Any laptop or computer that contains Confidential Information or Highly Confidential Information will be password protected. Additionally, any laptop or computer that contains Highly Confidential Information shall have its full hard drive encrypted. No laptop or computer will be left unattended without enabling a screen-lock or otherwise blocking access to the laptop or computer. No password or other information sufficient to access a laptop or computer containing Highly Confidential Information will be attached to or located near the laptop or computer at any time.

I. Access to Highly Confidential Information through modems, networks, and the Internet will be carefully monitored and limited to authorized users.

J. Only authorized users who have signed a Certification Statement shall have access to Highly Confidential Information.

History

Source: 20 U.S.C. § 1232g; 34 CFR Part 99.

10 Miss. Admin. Code Pt. 601, R. 7.3 Compliance by Institutions

The Postsecondary Board may conduct its own annual compliance audits of any institution participating in the Mississippi Resident Tuition Assistance

Grant or the Mississippi Eminent Scholars Grant. The Postsecondary Board may suspend or revoke an institution’s eligibility to receive future monies under the program if it finds that the institution has not complied with the provisions of all applicable laws and the program Rules and Regulations.

History

Source: Miss. Code Ann. § 37-106-29(9)(d) and 37-106-31(5).

Chapter 8 Rights and Responsibilities Rule 8.1 Student Rights. As an applicant of state student financial aid, a student has the right to: I. Be informed of the correct procedures for applying for aid, the amount and types of aid available, initial and continuing eligibility criteria, deadline dates and the consequences of failure to meet the deadlines, and how academic progress is determined;

10 Miss. Admin. Code Pt. 601, R. 8.2 Student Responsibilities

As an applicant of state student financial aid, a student is responsible for: I. Making application by the established deadline date on an annual basis.

II. Submitting all additional documentation, corrections, and/or new information requested by the Office by the established deadline date.

III. Any student who willfully presents false evidence as to his residence status shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined not to exceed one hundred dollars, per Miss. Code of 1972, § 37-103-27.

IV. Reading and understanding all materials sent to the student from the Office.

V. Documenting all interaction with the Office.

VI. Being aware of and complying with the rules governing state student financial aid programs.

VII. Complying with the provisions of any contract and rules & regulations, signed by the student.

VIII. Registering for the number of hours required.

IX. Notifying the Office of changes of address, phone number, email address, institution, etc.

X. Maintaining satisfactory academic progress.

XI. Using aid only for expenses related to attending college/university.

XII. Checking regularly the student account for updates.

History

Source: Miss. Code Ann. § 37-103-27; Miss. Code Ann. § 37-106-5; Miss. Code Ann. § 37-106- 17; and Miss. Code Ann. § 37-106-19.

Chapter 9 Program Funding

10 Miss. Admin. Code Pt. 601, R. 9.1 Funding

I. The Agency receives an annual appropriation for Student Financial Aid, which consists of the following:

A. General Funds from the State Treasury

B. Spending Authority from special sources, such as:

Collections from repayment accounts
Carryover funds
Private foundations
Interest accounts
Federal funds
Grants
Donations
Fees

II. Unless otherwise noted in the annual appropriation, unexpended funds appropriated for Student Financial Aid will not lapse into the General Fund but will carryover for use in subsequent fiscal years.

III. Typically, the annual appropriation does not specify funding levels for specific programs. In some cases, the appropriation may set a maximum funding level for a program and/or delineate funding for a specific program.

IV. Annually, the Board will review the annual legislative budget request for the Mississippi Office of Student Financial Aid and make a budget recommendation to the Agency.

History

Source: Miss. Code Ann. § 37-106-14.

10 Miss. Admin. Code Pt. 601, R. 9.2 Program Funding

I. When determining how funds will be distributed by program, the Office will first take into consideration the level of funding available from all possible sources, including General Funds and Special Funds such as repayment accounts, private foundations, interest accounts, and the federal government;

II. The Office will seek to determine whether funding is sufficient to award all eligible applicants for all programs.

III. If funding is sufficient, all eligible applicants will receive an award offer.

IV. If funding is not sufficient to award all eligible applicants, funds will be disbursed, according to the following priorities set forth by the Mississippi Legislature.

A. It is the intent of the Legislature to first fund grant awards to eligible students.

B. Grant awards will be offered to individual applicants through the single undergraduate grant program that offers the applicant the largest award.

C. If funds are insufficient to fully fund grant awards to eligible students, grant awards shall be prorated among all eligible students.

D. After grant awards are made, it is the intent of the Legislature to fund forgivable loan awards to eligible renewal students.

E. Lastly, forgivable loans will be awarded to eligible new students on a first-come, first-served basis.

History

Source: Miss. Code Ann. § 37-106-14.

Part 603 Part 603: Administrative Policies

Chapter 1 Availability of Information

10 Miss. Admin. Code Pt. 603, R. 1.1 Availability of Information

I. Information concerning the following is available on the Board’s website www.mississippi.edu/postsecondary under the Policies and Procedures document: Board purpose, composition, terms of office, and meeting information; duties and responsibilities of the Office of Student Financial Aid; establishment of new student financial aid programs; modification of student financial aid programs; reporting; compliance with state and federal regulations; student rights and responsibilities; institutional responsibilities; funding; general administration rules and regulations; and program rules and regulations;

II. Pursuant to the Mississippi Public Records Acts of 1983 (the "Act"), effective from and after July 1, 1983, the Board hereby adopts the following regulations and procedures with respect to such public records as may be in its possession. Such rules and procedures are applicable to and shall govern the right to inspect, copy, or reproduce or obtain a reproduction of any public records in the possession of the Board.

A. Any person wishing to inspect or copy public records must make the request in writing to the Board and must clearly identify the specific information sought. All requests should be dated and include the name of requester, address of the requestor, and current contact information for the requestor. Any response by the Board for a request for access to records will be forwarded to the requesting party within seven (7) working days of the receipt of such request. If the Board is unable to produce the requested record within seven working days after the request is made, the Board shall provide a written explanation to requestor(s) stating that the record will be produced and specifying with particularity why the record(s) cannot be produced within the seven-day period. Absent a mutual agreement between the parties, in no event shall the date for the Board’s production of requested records be any later than fourteen (14) working days from receipt by the Board of the original request.

B. Denial by the Board of a request for access to or copies of public records shall be in writing and shall contain a statement of the specific exemption relied upon by the Board for the denial. A file of all denials of requests for public records will be maintained by the Board for a period of no less than three (3) years from the date such denials are made.

C. Recipient(s) will be assisted by a staff member at a charge not to exceed actual costs. Actual costs for search, review and/or possible redaction of information by a staff member will be based upon the hourly rate of compensation for the lowest

paid agency employee qualified to perform the task and multiplied by the actual time utilized to complete the task. Recipient(s) will be charged fifteen cents per page for standard black and white photocopies. For all nonstandard photocopies, actual costs of reproduction will be assessed to recipient(s). Records will be available for inspection and copying by appointment during regular working hours, Monday through Friday, holidays excluded.

D. Recipient(s) will deposit cash, check, or money order in escrow with the staff prior to receiving material. This estimated amount must be sufficient to cover the estimated cost of the staff member's assistance, copying fees, mailing fees, and/or any associated reproduction fees. Recipient(s) desiring information by mail will be charged actual mailing costs in addition to those costs set forth in subsection (c).

E. Adequate space to inspect requested documents will be provided at no cost, if available. Recipient(s) will be provided requested documents by a staff member but no more than one recipient at a time.

F. All written requests must be submitted to:

Mississippi Postsecondary Education Financial Assistance Board 3825 Ridgewood Road Jackson, MS 39211

History

Source: Miss. Code Ann., § 25-61-1 - 17, as amended.

Chapter 2 Oral Proceeding

10 Miss. Admin. Code Pt. 603, R. 2.1 Request for Oral Proceeding

History

Source: Miss. Code Ann § 25-43-105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 2.2 Notice of Oral Proceeding

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State’s Office for publication in the Administrative Bulletin. The Board will provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The chair, or his/her designee who is familiar with the substance of the proposed rule, will preside at the oral proceeding on a proposed rule.

History

Source: Miss. Code Ann § 25-43-105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 2.3 Public Participation Guidelines

Public participation will be permitted at oral proceedings in accordance with the following:

I. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule.

II. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least five business days prior to the proceeding and indicate the general subject of their presentations.

III. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

IV. The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

V. Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding.

VI. Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

Source: Miss. Code Ann.§ 25-43-2.105 (Rev. 2006)

10 Miss. Admin. Code Pt. 603, R. 2.4 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board, part of the rulemaking record, and are subject to the Board’s public records request procedure. The Board may record oral proceedings by stenographic or electronic means.

History

Source: Miss. Code Ann.§ 25-43-2.105 (Rev. 2006).

Chapter 3 Declaratory Opinions

10 Miss. Admin. Code Pt. 603, R. 3.1 Application of Chapter

This chapter sets forth the Board’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in

relation to the written requests, and the Board’s procedures regarding the disposition of requests as required by Mississippi Code § 25-43-2.103.

History

Source: Miss. Code Ann.§ 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.2 Scope of Declaratory Opinions

The Board will issue declaratory opinions regarding the applicability to specified facts of:

I. A statute administered or enforceable by the Board,

II. A rule promulgated by the Board, or an order issued by the Board.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.4 How to Submit Requests

I. Each request must be submitted on 8-1/2” x 11” white paper.

II. The request may be in the form of a letter addressed to the Board or in the form of a pleading as if filed with a court.

III. Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

IV. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

V. Each request must clearly state that it is a request for a declaratory opinion.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.5 Signature Attestation

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.6 Request Content Requirement

Each request must contain the following:

I. A clear identification of the statute, rule, or order at issue;

II. The question for the declaratory opinion;

III. A clear and concise statement of all facts relevant to the question presented;

IV. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and

V. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.7 Reasons for Refusal of Declaratory Opinion Request

The Board 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:

I. The matter is outside the primary jurisdiction of the Board;

II. Lack of clarity concerning the question presented;

III. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

IV. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

V. The facts presented in the request are not sufficient to answer the question presented;

VI. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

VII. 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 rule, statute, or order on which a declaratory opinion is sought;

VIII. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order;

IX. The question presented by the request concerns the legal validity of a statute, rule, or order;

X. 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;

XI. No clear answer is determinable;

XII. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime;

XIII. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

XIV. The question is currently the subject of an Attorney General's opinion request;

XV. The question has been answered by an Attorney General's opinion;

XVI. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question;

XVII. A similar request is pending before the Board, 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; or

XVIII. The question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.8 Agency 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 Board will, in writing:

I. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances;

II. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or

III. Decline to issue a declaratory opinion, stating the reasons for its action. The forty-five (45) day period shall begin on the first business day after which the request is received by the Board.

History

Source: Miss. Code Ann. § 25-43-2.103 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.9 Finality of Declaratory Opinions

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

10 Miss. Admin. Code Pt. 603, R. 3.10 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests that contain information that is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

Source: Miss. Code Ann. § 25-43-2.103 (Rev. 2006).

Part 605 Part 605: General Administration Rules and Regulations

Chapter 1 General Administration Rules and Regulations

10 Miss. Admin. Code Pt. 605, R. 1.1 General Administration Rules and Regulations

These Rules and Regulations apply to the general administration of all student financial assistance programs administered by the Board of Trustees of State Institutions of Higher Learning (hereafter referred to as the “Agency”) or the Mississippi Postsecondary Education Financial Assistance Board (hereafter referred to as the “Board” or “Postsecondary Board”) and are subject to suspension or change by the Board. These Rules and Regulations are meant to provide additional guidance for, not supplant the approved Rules and Regulations for each student financial assistance program. The Mississippi Office of Student Financial Aid (hereinafter referred to as the “Office”) will act on behalf of the Board and/or Agency to administer the student financial assistance programs.

I. APPLICATION PROCESS

A. All students must complete the online application for state student financial aid. Paper applications are not accepted. The Office will consider only applications made by the published deadlines, unless an exception is granted for all applicants.

B. A student should complete the following steps to apply for state student financial aid:

Complete the online portion of the application, available at www.msfinancialaid.org by the published application deadline for the appropriate program(s). The application is available beginning October 1 each year. Students should complete an application EVERY year for which they wish to receive financial aid.
Print the confirmation page at the end of the online portion of the application and keep the confirmation page for record-keeping purposes.
Print and keep the confirmation email, which verifies successful completion of the online portion of the application.
Receive email notification from the Office with the information needed to access a student’s secure online account.
Submit all supporting documents requested via the student account. Supporting documents are essential to the application and must be received by the Office (not postmarked) by the published deadline for the appropriate program(s).
Check the student account often for updates and/or requests for documentation. NOTE: In certain situations, the Office may become aware of student circumstances that require the Office to collect other or additional supporting documents from the student.

C. The following supporting documents may be requested to complete an application for state student financial aid. The documents are grouped according to the purpose for which they are requested.

Residency Documentation - The Office will collect two documents to determine whether or not a student is a Mississippi resident. Any combination of two of the following documents will be accepted.

a) Mississippi Driver’s License Number - A student should submit the Mississippi Driver’s License Number while completing the online application or make a color photocopy and send to the Office. Please do not fax a copy of the driver’s license. Dependent students must submit a parent’s Mississippi Driver’s License Number. Independent students must submit his/her own Mississippi Driver’s License Number.

b) Mississippi Tax Return (Current Year) - A student should submit the first three pages of the state tax return for the current tax year. The tax return must be signed, unless prepared by a tax preparation professional. Dependent students must submit a parent’s tax return. Independent students must submit his/her own tax return.

c) Free Application for Federal Student Aid (FAFSA) - The FAFSA is the application for federal student aid. It is available online at www.fafsa.gov. The student must complete the FAFSA by the document deadline specified by the program. The Office will automatically receive the applicant’s FAFSA results if the applicant’s official state of residency is Mississippi.

d) Motor Vehicle Registration in Mississippi - Registration of vehicle must have been completed at least 12 months prior to the start of the term for which the student is seeking financial aid.

e) Proof of Homestead Exemption - Homestead Exemption must have been filed at least 12 months prior to the start of the term for which the student is seeking financial aid.

f) Proof of Voter Registration in Mississippi - Voter registration must have been completed at least 12 months prior to the start of the term for which the student is seeking financial aid.

g) Other Documents for Students with Special Circumstances – Some students with special circumstances may be required to submit documents in addition to two from the preceding list.

(1) Military Personnel - Other residency documents may be required for students who are serving or have parents who are serving in the military.

(2) Part-Year Tax Filers – A residential lease agreement may be requested and accepted as residency documentation in combination with a part-year Mississippi tax return.

Dependency Documentation – Students with certain family circumstances may be considered “independent” for purposes of receiving financial aid. The student may be asked to verify such circumstances by providing documentation. In some cases, the Office may defer to the institution’s decision concerning the student’s dependency status.

a) Legal Guardianship or Custody – The student must provide court documents proving legal guardianship or legal custody of student by someone other than the student’s parents.

b) Death Certificate – The student must provide a certificate of death for both parents.

c) Proof of Homelessness – A high school counselor, high school homeless liaison, or director of a youth center/transitional living program must provide certification that the student is homeless or self-supporting and at risk of being homeless.

d) Ward of the Court/Foster Care – The student must provide legal documentation proving that the student is under foster care or a ward of the court.

Merit Documentation - The Office will collect documents to determine a student’s academic or merit eligibility for state student financial aid.

a) High School GPA - The high school grade point average (GPA) should be submitted either electronically by the high school through the approved grade file format or through the secure website. In limited cases, the Office will accept an official transcript. The GPA should be calculated on a 4.0 scale.

b) Official High School Transcript - The official high school transcript must include all courses attempted, completed, in progress, or to be completed; the GPA on a 4.0 scale; and the

ACT/SAT score if available. A homeschool transcript must be signed and notarized. By submitting a signed and notarized transcript, applicants certify the transcript includes a complete and accurate list of the courses attempted, completed, in progress, or to be completed. A subsequent signed and notarized transcript may be submitted to report an improved GPA, but no course-related changes on the subsequent transcript will be considered.

c) Official College Transcript(s) or Electronic Grade Verification - The official college transcript should include all courses attempted, completed and in progress, and the overall cumulative GPA on a 4.0 scale.

d) Certification of HELP Core Curriculum by Counselor - Students applying for the Higher Education Legislative Plan for Needy Students (HELP) Scholarship may request that their counselor certify the HELP Core Curriculum on the High School Grade File, online through the Counselor Web Application, or via file upload to the Secure Document Share Portal. The counselor certification will serve as documentation that a student has completed or will complete all courses required to be eligible for the HELP Scholarship.

e) Certification of GEAR UP Core Curriculum by Counselor - Students applying for the GEAR UP Mississippi Scholarship may request that their counselor certify the GEAR UP Core Curriculum on the High School Grade File, online through the Counselor Web Application, or via file upload to the Secure Document Share Portal. The counselor certification will serve as documentation that a student has completed or will complete all courses required to be eligible for the GEAR UP Mississippi Scholarship.

f) Official ACT/SAT Score Report on National Test - Students may submit a copy of the official ACT/SAT Score Report. The Office will accept ACT/SAT Superscores as calculated on the score report. The Office will not manually calculate Superscores. Scores from residual tests will NOT be accepted.

g) Passing Praxis Score Report - Students may submit a copy of the official Praxis Score Report.

h) Essay - Students should follow directions carefully for writing and submitting essays required for specific programs.

i) Resume - Students should follow directions carefully for drafting and submitting resumes required for specific programs.

Documentation of Financial Need - For some programs, the Office will collect documents to determine a student’s financial need.

a) Free Application for Federal Student Aid (FAFSA) - The FAFSA is the application for federal student aid. It is available online at www.fafsa.gov. The student must complete the FAFSA by the document deadline specified by the program. The Office will automatically receive the applicant’s FAFSA results.

b) Household Verification Worksheet (HELP Worksheet) - The household verification worksheet is used to determine the number of dependents who live in the home with the applicant.

(1) HELP Worksheet/FAFSA Conflict – Additional information will be required if conflicting information is reported from the applicant’s FAFSA and household verification worksheet. The student is required to contact the Office to receive instructions to resolve the conflicting information.

(2) Marital Separation – The student must provide two forms of proof of separate addresses of each parent if a parent’s residency was incorrectly reported on the household verification worksheet. Current year state tax returns, current rental/purchase agreements, or utility bills will be accepted for documentation. A cell phone bill will only be accepted as a second form of documentation if the other form is a rental/purchase agreement.

Licensing Documentation - For some graduate programs, the Office will collect documents to determine a student’s licensure status.

a) Current Teacher’s License - The student may submit a copy of a valid teacher’s license.

b) Current Nursing License - The student should go online and print a copy of the online nursing license verification available from the Mississippi Board of Nursing.

c) Documentation of Student Preparation for Program - For some programs, the Office will collect documents to determine a student’s level of preparation for receiving state student financial aid.

Entrance Counseling - Entrance counseling will be provided as part of the contract for forgivable loans. As with the Master Contract and Note, the Entrance Counseling document is first presented electronically for electronic signature. However, Entrance Counseling documents can be provided in paper format upon request. The entrance counseling document should be signed and returned by the deadline.
Letter of Acceptance - Letters of acceptance should be submitted as soon as they are received. Letters of acceptance should be submitted by the published deadline.
Letter of Recommendation - Letters of recommendation should be submitted by the document deadline.

D. A valid social security number shall be required from all students applying for state aid in order to create a permanent and lasting record and to facilitate student data sharing between the student’s institution, the federal government, ACT, the Department of Revenue, the Department of Motor Vehicles, and the Office. An alternative number will be assigned and used for all purposes which do not require the social security number. The Office is dedicated to ensuring the privacy and proper handling of confidential information pertaining to students.

E. Whoever, with intent to defraud the state or any department, agency, Board, Office, commission, county, municipality or other subdivision of state or local government, knowingly and willfully falsified, conceals or covers up by trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writings or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.

II. DETERMINING ELIGIBILITY

A. General Requirements for Determining Initial Eligibility

In general, to be eligible for state student financial aid, a student must:

Be a Mississippi resident per Mississippi Statute unless the applicant is applying for a program which does not require Mississippi residency;
Be a citizen of the United States or eligible non-citizen. Generally, an eligible non-citizen is one of the following:

a) U.S. permanent resident, with a Permanent Resident Card (formerly known as an Alien Registration Receipt Card or "Green Card”);

b) Conditional permanent resident (I-551C);

c) Other eligible noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security showing any one of the following designations: “Refugee,” “Asylum Granted,” “Indefinite Parole,” “Humanitarian Parole,” or “Cuban-Haitian Entrant”; or

d) A citizen of the Republic of Palau (PW), the Republic of the Marshall Islands (MH), or the Federated States of Micronesia (FM).

Have a high school diploma or its recognized equivalent. Recognized equivalents include the General Education Diploma (GED). This requirement is applicable to students who have earned less than 12 college credits;
Not be in default on any federal or state education loan or owe a repayment on a federal or state grant;
Be registered with Selective Service (if required);
Complete the online application by the published deadline.
Provide all supporting documentation by the published deadline;
Enroll for the minimum number of hours required by the appropriate program;
Enroll in an approved postsecondary institution for the appropriate program;
For some programs, provide proof of acceptance into the appropriate educational program at an approved location;
Meet any other program-specific eligibility requirements for the appropriate program.

B. Process for Determining Initial Eligibility

To determine a student’s eligibility for state student financial aid, the Office may consider a student’s residency status, academic standing, enrollment status,

licensure status, financial need, and preparation for the program. Below is the process the Office will follow:

The Office will receive a student’s online application.
The Office will notify the student of documents needed for determining initial eligibility.
The Office will collect the documents requested.
A Program Administrator will evaluate documents as they are submitted and update the student’s account with information obtained from the documents (i.e. GPA, HELP core curriculum, residency, etc.), the date the document was received, and a code to signify whether the document satisfies the request.
After the deadline for the submission of documents, all student accounts will be reviewed electronically.
Students, whose accounts show missing or outstanding documents, will be considered ineligible.
Students, whose accounts show no missing or outstanding documents, will advance for further electronic evaluation.
For advancing students, information obtained from the Mississippi Aid Application and previously evaluated supporting documents will be reviewed electronically to determine if the student meets the eligibility requirements of the appropriate program.
Students who meet all eligibility requirements will be awarded aid, as long as money is available for making awards.
Students who do not meet all eligibility requirements will receive notice regarding which eligibility requirement has not been made.
No student should receive undergraduate grant aid through more than one state-supported undergraduate grant program in the same term of enrollment. If a student is eligible for aid through multiple grant programs, the student shall be awarded from the program that awards the larger sum.
No student shall receive undergraduate grant aid from any program or any combination of programs for more than eight semesters or twelve trimesters.

C. Process for Determining Continuing Eligibility

To determine a student’s continuing eligibility for state student financial aid, the Office may consider a student’s residency status, academic standing, enrollment status, licensure status, financial need, and preparation for the program. Below is the process the Office will follow:

The Office will receive a student’s online application.
The Office will notify the student of documents needed for determining continuing eligibility.
The Office will collect the documents requested.
A Program Administrator will evaluate documents as they are submitted and update the student’s account with information obtained from the documents (i.e. GPA, HELP core curriculum, residency, etc.), the date the document was received, and a code to signify whether the document satisfies the request.
After the deadline for the submission of documents, all student accounts will be reviewed electronically.
Students, whose accounts show missing or outstanding documents, will be considered ineligible.
Students, whose accounts show no missing or outstanding documents, will advance for further electronic evaluation.
For advancing students, information obtained from the Mississippi Aid Application and previously evaluated supporting documents will be reviewed electronically to determine if the student meets the eligibility requirements of the appropriate program.
Students who meet all eligibility requirements will be awarded aid, as long as money is available for making awards.
Students who do not meet all eligibility requirements will receive notice regarding which eligibility requirement has not been made.
No student should receive undergraduate grant aid through more than one state-supported undergraduate grant program in the same term of enrollment. If a student is eligible for aid through multiple grant programs, the student shall be awarded from the program that awards the larger sum.
No student shall receive undergraduate grant aid from any program or any combination of programs for more than eight semesters or twelve

trimesters.

D. Special Issues Related to Determining Eligibility

Residency

a) For most state-supported financial aid programs legal Mississippi residency is a requirement for eligibility. Residency status for the purpose of administering state financial aid shall be determined in the same manner as residency status for tuition purposes as set forth in Sections § 37-103-1 through § 37-103-29, with the exception of § 37-103-17. For the purpose of administering state financial aid, the term “dependent” will be used in place of the term “minor” in the applicable code sections. Eligible nonprofit institutions must comply with the same statutes set forth in these sections. The Office will use the following process to make the initial determination of residency:

(1) The Office will look at the student’s responses to certain questions on the state financial aid application and/or on the Free Application for Federal Student Aid (FAFSA), whichever application is completed and processed first.

(2) The Office will review supporting documents submitted by the student. A dependent student is considered a non- resident if the parent's permanent (legal) address is an out- of-state address, as reported on the supporting documents. An independent student is considered a non-resident if the student’s permanent (legal) address is an out-of-state address, as reported on supporting documents. Both dependent and independent students are considered non- residents if the permanent or legal state of residence is left blank on the FAFSA or is reported as a state other than Mississippi.

(3) The school should identify students where the school's residency status differs from the status reported by the Office.

(4) When a student with a differing residency status has been identified, the school should contact the Office and provide the appropriate documentation to show that the student should/should not be considered a Mississippi resident.

b) Legal Residence of an Independent Student (§ 37-103-13) - The residence of an independent student is that place where he/she is

domiciled, that is, the place where he/she actually physically resides with the intention of remaining there indefinitely or of returning there permanently when temporarily absent.

c) Legal Residence of a Dependent Student (§37-103-7) - The residence of a dependent student is that of the father, the mother, or a general guardian duly appointed by a proper court in Mississippi. If a court has granted custody of the dependent to one (1) parent, the residence of the dependent is that of the parent who was granted custody by the court. If both parents are dead, the residence of the dependent student is that of the last surviving parent at the time of that parent’s death unless the dependent lives with a legal guardian duly appointed by a proper court of Mississippi, in which case his/her residence becomes that of the guardian.

d) If a dependent student resides in Mississippi, graduates from a Mississippi high school, and completes the final four years of high school in Mississippi as demonstrated by the transcript, the student shall not be required to pay out-of-state tuition. However, the dependent student’s residency status continues to be that of his/her parent for financial aid purposes.

e) Legal Residence of Person Entering State for Purpose of Attendance at Educational Institution (§ 37-103-5) - A person who enters the state of Mississippi from another state and enters a postsecondary educational institution is considered a non-resident. Even though he/she may have been legally adopted by a resident of Mississippi or may have been a qualified voter, or a landowner, or may otherwise have sought to establish legal residence, such a person will still be considered as being a non-resident of Mississippi if he/she has entered the state for the purpose of enrolling in a postsecondary educational institution.

f) Legal Residence of Children of Parents Who Are Employed by Institutions of Higher Learning (§ 37-103-9) - Children of parents who are members of the faculty or staff of any institution under the jurisdiction of the Board of Trustees (“Agency”) may be classified as residents for the purpose of attendance at the institution where their parents are faculty or staff members.

g) Effect of Removal of Parents from Mississippi (§ 37-103-11) - If the parents of a dependent who is enrolled as a student in an institution of higher learning move their legal residence from the State of Mississippi, the dependent is immediately classified as a non-resident student. If a student is determined to be a non-resident

before state financial aid funds are disbursed to the school, the funds will be cancelled. The student will not be eligible for state financial aid since the student is considered a non-resident. If a student is determined to be a non-resident after state financial aid funds are disbursed to the school, the student may keep the funds for that term. However, the student will not be eligible for state financial aid for subsequent terms.

h) Legal Residency Status of a Married Student (§ 37-103-13) - A married person may claim the residency status of his or her spouse, or he/she may claim residency status as any other independent student. A student who marries a Mississippi resident is considered a resident the day he/she marries.

i) Legal Residence of Active Duty Military Personnel Stationed in Mississippi (§ 37-103-17) - The residency requirements for members of the armed forces (and their spouses and dependents) stationed on full-time active duty in Mississippi are waived for tuition purposes only, not for student financial aid. Non-resident military personnel (or their spouses or dependents) stationed in Mississippi are not eligible for state financial aid. The financial aid applicant will be required to document legal residence by providing the military Leave and Earnings Statement listing Mississippi as the Home of Record. In cases where an active duty military applicant is determined to be a non-resident according to military documentation, the Board may request additional documentation to determine if the applicant has resident status under a different residency code section.

j) Children of Military Personnel (§ 37-103-19) - The dependent children of legal Mississippi residents who are members of the armed forces on extended active duty away from Mississippi shall be eligible for state financial aid, even when those dependents live out-of-state and receive their high school diplomas from non- Mississippi schools. The student will be required to document that legal residence has been maintained by providing the military Leave and Earnings Statement listing Mississippi as the Home of Record. Other documents may be requested.

k) Military Personnel - If the student was a legal resident of Mississippi when he/she entered into the service and has maintained that legal residence while in the service, the student is presumed to meet the residency requirement. The student will be required to document that legal residence has been maintained by providing the military Leave and Earnings Statement listing

Mississippi as the Home of Record. Other documents may be requested.

l) Residency Status of Aliens (§ 37-103-19) - Aliens are considered non-residents by the Mississippi Code of 1972. However, all state financial aid programs require the student to meet certain requirements relating to U.S. citizenship. Students will be considered to have fulfilled the citizenship requirement for state aid if they meet this requirement for federal programs. If the institution has any information that would cast doubt on an award recipient's ability to meet the citizenship requirement, the institution should notify the Office.

m) Duration of Residency - For grant and forgivable loan programs requiring award recipients to be Mississippi residents, the student must be a legal resident of Mississippi for at least 12 months before the term for which assistance is sought. Students who resided in Mississippi before meeting citizenship requirements are considered to meet Mississippi residency requirements for any term of study beginning after they have met citizenship requirements if they have resided in the state for at least 12 months.

n) Responsibility for Registration Under Proper Residence Status Is Placed Upon the Student (§ 37-103-27) - Any student who willfully presents false evidence as to his residency status shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined not to exceed one hundred dollars.

Dependency Status

a) For the purpose of awarding state financial aid, the Office will follow the federal guidelines for classifying a student as “dependent” or “independent.”

b) To be “independent”, a student must:

(1) Be at least 24 years old;

(2) Be married;

(3) Be pursuing a graduate degree;

(4) Be serving on active duty in the U.S. Armed Forces for purposes other than training;

(5) Be a veteran of the U.S. Armed Forces;

(6) Have a child or children for which the student provides more than half of the support;

(7) Have other dependents who live with the student for which the student provides more than half of the support;

(8) At any time since the age of 13, both parents of the student have been deceased, the student has been in foster care, or the student has been a dependent ward of the court;

(9) Be in a legal guardianship or legal custodial relationship as determined by a court in Mississippi; or

(10) Be an unaccompanied youth who is homeless or self- supporting and at risk of being homeless as determined by the high school or school district homeless liaison, by the director of an emergency shelter or transitional housing program funded by the U.S. Department of Housing and Urban Development, or by the director of a runaway or homeless youth basic center or transitional living program.

(11) Emancipation solely for purposes of financial aid is not recognized to establish independent student status.

First-time College Student

a) A first-time college student is any student who has fewer than 12 hours of postsecondary academic credit.

(1) Postsecondary academic credit earned prior to or during the summer immediately subsequent to receiving a high school diploma or earned while dually enrolled in secondary and postsecondary educational institutions, or while enrolled in the early admission program of a postsecondary institution shall not be considered when determining if a student is a first-time college student.

(2) Postsecondary academic credit granted by an institution for Advanced Placement (AP) or International Baccalaureate (IB) courses completed in high school shall not be considered when determining if a student is a first-time college student.

Continuous Full-Time Enrollment

a) Full-time Enrollment - For some state aid programs, a student must enroll full-time and maintain continuous full-time enrollment as a requirement for eligibility.

(1) Full time enrollment for undergraduate students is defined as follows, unless exceptions are made for all students in a specific program at a specific institution:

(a) Twelve (12) earned semester hours each academic term (excluding summer) or nine (9) earned trimester hours per academic term or twenty-four (24) earned clock hours per week for a program using clock hours.

(b) Hours must be reported by a single institution.

(2) Full-time enrollment for graduate students will be determined by the attending institution.

b) Grade of “Incomplete” and Full-time Enrollment - If a student benefits from state aid during any term and the student receives one or more grades of “incomplete”, and the “incomplete” causes the number of hours reported as earned by the institution to be less than full-time, the Office will not disburse funds scheduled for the next period of enrollment until the “incomplete” is successfully removed and the student is otherwise eligible.

c) Intersession or Minisession and Full-time Enrollment - The Office will follow the federal guidelines for considering enrollment in intersessions or minisessions. A short nonstandard term may be treated as part of one of the standard terms, and the combined terms may be considered to be a single standard term as long as the combined term is the same for all students at the institution. Hours taken in the intersession must count towards a student’s enrollment status for the combined term and costs for the intersession must be appropriately included in the cost of attendance.

d) Continuous Full-time Enrollment - Continuous full-time enrollment is defined as full-time enrollment for two consecutive semesters, three consecutive trimesters, or the equivalent in each successive academic year. The summer term will not qualify as a

period of full-time enrollment since funds for most programs are not available for summer terms. The following examples demonstrate how this policy will be administered:

(1) Example 1: A student fails to enroll for fall or is enrolled less than full-time, but subsequently enrolls full-time for spring. The student is not eligible to receive the funds for fall or spring as the student does not meet the continuous enrollment requirement.

(2) Example 2: A student is enrolled full-time for spring, but withdraws (without cause) or drops below full-time status after receiving state financial aid funds for spring. The student is not eligible to receive funds for the following fall term.

e) Cooperative Education Programs and Continuous Full-time Enrollment - A student who participates in an approved Cooperative Education Program and therefore attends school on alternate semesters is considered to have maintained continuous enrollment for state aid purposes. The eligible institution where the student is enrolled will report the student as being enrolled in an approved Cooperative Education Program on the Enrollment Verification Report. The student will not need to provide any special documentation to the Office.

f) Internships and Continuous Full-time Enrollment - A student who experiences a break in continuous full-time enrollment due to the completion of a qualifying internship during the fall, winter, or spring term(s) may submit an appeal to receive aid the following term. To qualify, an internship must either be required by the attending institution or lead to earned credit hours.

g) Remedial Courses and Full-time Enrollment - Remedial or developmental courses should be graded as PASS or FAIL. Grades earned in developmental courses should not be calculated into the cumulative grade point average; however, hours enrolled in developmental courses may be counted to determine enrollment status.

Contractual Agreements and Study Abroad - For the purposes of state financial aid, a contractual agreement is a written agreement between an eligible Mississippi school and an ineligible school. Study abroad programs will be treated as contractual agreements. A student, who is participating in a contractual agreement, including a study abroad program, may be eligible for state financial aid if the student meets all

applicable requirements of continuous full-time enrollment at an eligible Mississippi institution. The eligible institution's registrar must consider the student to be a student at that school, and the student must be billed through the Business or Bursar's Office as a registered student.

Consortium Agreements - For the purposes of state financial aid, a consortium agreement is a written agreement between two eligible Mississippi schools. The home school is the school where the student is enrolled in a degree or certificate program. The host school is the school where the student is taking part of his or her program requirements. A student who is participating in a consortium agreement may be eligible for state financial aid if the student meets all applicable requirements of continuous full-time enrollment. The home institution's registrar must consider the student to be a student at that school, and the student must be billed through the Business or Bursar's Office as a registered student.
Grade Point Average - To be eligible and maintain eligibility for state financial aid, recipients must have a minimum Grade Point Average (GPA).

a) For first-time college students, the Office accepts the seven- semester high school GPA, as certified by the high school counselor or other school administrator. Most Mississippi high schools submit a high school Grade File directly to the Office, which includes the seven-semester high school GPA and ACT/SAT scores for all graduating seniors. However, the Office may request this information from a student if the high school does not submit a Grade File. The Office will not calculate GPAs. After a student’s initial year in college, the Office will not accept high school GPAs that have been recalculated for reasons such as a change in the high school grading scale or high school grading policy.

b) For continuing college students, the Office accepts the overall cumulative college GPA, as calculated and certified by the registrar at the end of each term or year. The college GPA is reported directly to the Office at the end of each term by the college in a Grade Report. A student should not submit a transcript at the end of each term unless requested by the Office. The Office will not calculate GPAs, but will accept the GPA calculated by the college.

ACT/SAT Scores - To be eligible for some state financial aid, recipients must document a certain minimum score on the ACT or SAT, as determined by the program for which the applicant is applying. Only scores on the national ACT (includes state-wide weekday testing) or

national SAT will be accepted. ACT/SAT Superscores as calculated on an official ACT/SAT score report will be accepted. The Office will not manually calculate ACT/SAT Supersores. Scores on residual tests will not be accepted.

Satisfactory Academic Progress (SAP) - All students must make Satisfactory Academic Progress (SAP) toward a certificate or degree to maintain eligibility for state financial aid. To make SAP, a student must have attempted fewer than 96 credit hours at the two-year college level and fewer than 192 credit hours at the four-year college level to maintain eligibility. Each term, the Office will review the total number of hours attempted by each student to determine continued eligibility for state financial aid. However, a student may appeal SAP rulings by following the approved Appeal Process and may be granted an exception for cause. In addition, if a student has appealed a SAP ruling by the school and been granted eligibility for federal student aid, the Office will defer to the ruling made by the attending institution.
Eligible Institutions - All state financial aid programs require recipients to attend an eligible institution. Some state financial aid programs are not available to students at all “eligible” institutions. An eligible institution for state aid purposes is an institution of higher learning, public or private, located in Mississippi, which is accredited by the Southern Association of Colleges and Secondary Schools, or its equivalent, or a business, vocational, technical or other specialized school recognized and approved by the Board. In keeping with the Legislative intent established in Miss. Code Ann. § 37-101-241, the Board hereby approves any community, junior, or senior college or university with the main campus in Mississippi that was chartered, authorized, or approved by the Mississippi Commission on College Accreditation prior to July 1, 1988. Eligible institutions for the SREB Regional Contract Program are not in Mississippi.

a) Eligible In-State Institutions:

Alcorn State University Delta State University Jackson State University Mississippi State University Mississippi University for Women Mississippi Valley State University University of Mississippi University of Mississippi Medical Center University of Southern Mississippi Coahoma Community College Copiah-Lincoln Community College

East Central Community College East Mississippi Community College Hinds Community College Holmes Community College Itawamba Community College Jones County Junior College Meridian Community College Mississippi Delta Community College Mississippi Gulf Coast Community College Northeast Mississippi Community College Northwest Mississippi Community College Pearl River Community College Southwest Mississippi Community College Belhaven University Blue Mountain Christian University Millsaps College Mississippi College Rust College Southeastern Baptist College Tougaloo College William Carey University

b) Eligible Out-of-State Institutions (for certain programs)

Southern College of Optometry (TN) University of Alabama Birmingham (AL)

Default on Student Loan or Refund - A student is not eligible for state student financial assistance if he or she is in default on a federal or state loan or owes a refund on a federal or state award. If the student has defaulted but repaid the loan in full or has refunded the award in full, the student is eligible for state funds. To demonstrate that the student meets this eligibility requirement, the student must either complete the FAFSA or the Certification Statement on the state financial aid application.

E. Appealing Determinations of Ineligibility

A student who applies for state financial aid and is determined to be ineligible due to 1) full-time enrollment status, 2) continuous full-time enrollment status, or 3) satisfactory academic progress may appeal to the Office in writing.
The Office will not hear appeals related to deadline dates, residency, grade point average (either high school or college), and ACT/SAT scores. If the Office has made a determination of eligibility based on an incomplete/incorrect transcript or grade verification, the student should

have the high school or college submit an official updated grade verification directly to the Office.

The appeal process is as follows:

a) Student submits a Mississippi Office of Student Financial Aid Appeal Form which addresses the reason why the student was deemed ineligible and the reason why the Office should consider making an exception to the eligibility requirement. Acceptable reasons for appeal include:

(1) Student or, in some cases, an immediate family member undergoes a significant personal event that prevents the student from maintaining continuous full-time enrollment.

(a) An immediate family member is defined as a parent, spouse, sibling, or child.

(b) A significant personal event includes serious medical problem or illness, accident or injury, divorce, abuse, death of an immediate family member, or military service.

(2) Student is nearing degree completion and does not have enough hours remaining to warrant continuous full-time enrollment. Such students may appeal for an exception for a single term. No appeal will be accepted, and no aid will be disbursed for any semester carrying less than 6 hours.

(3) Student experiences a break in continuous full-time enrollment due to the completion of a qualifying internship during the fall, winter, or spring term(s). To qualify, an internship must either be required by the attending institution or lead to earned credit hours.

b) The personal event appeal should be accompanied by appropriate supporting documentation

(1) For a medical problem or serious illness (physical or mental), the supporting documentation must include appropriate medical reports that identify the inception and duration of the illness. Supporting document(s) should clearly indicate whether the medical condition is under control, thus allowing the student to meet all eligibility requirements. Supporting documents should include, but

are not limited to, medical reports and letters from a doctor or professional counselor.

(2) For an accidents or injury, the supporting documentation must identify the date of the accident or injury and describe the resultant medical problems. Supporting documents should include, but are not limited to, police and medical reports.

(3) For a family problem such as divorce, abuse, and death or serious illness of an immediate family member, the supporting documentation must identify the student’s relationship to the family member(s) involved and the inception and duration of the problem. Clearly state what actions have been taken to manage the problem, thus allowing the student to meet all eligibility requirements. Appropriate supporting documents include, but are not limited to, police and/or medical report(s), death certificate, divorce decree, and letter(s) from a professional counselor.

(4) For military service, supporting documentation must identify the dates and status of the student’s military tours of duty. Appropriate supporting documents include military orders and discharge papers.

c) Only one appeal will be considered per personal event. Any additional appeals must demonstrate a new mitigating circumstance beyond the student’s control.

d) The nearing degree appeal should be accompanied by a letter on institutional letterhead from the appropriate dean, director, or academic advisor. The letter from the faculty/administrator should indicate 1) the expected graduation date, 2) the total number of hours the student needs to complete his/her degree, and 3) the number of hours the student intends to take each term.

e) The internship appeal should be accompanied by a letter on institutional letterhead from the appropriate dean, director, or academic advisor that states the date of the internship, the number of credits received, and if required by the institution.

f) The Mississippi Office of Student Financial Aid Appeal Form and supporting documentation should be mailed to the Mississippi Office of Student Financial Aid, 3825 Ridgewood Road, Jackson, MS 39211. The Appeal Form and documentation may also be faxed to 601-432-6527 or emailed to sfa@mississippi.edu.

g) The Mississippi Office of Student Financial Aid Appeal Form along with supporting documentation is reviewed by a Program Administrator to ensure that the issue may be considered for appeal.

h) The Program Administrator presents the Mississippi Office of Student Financial Aid Appeal Form, supporting documentation, and any other necessary documentation/data related to the student’s file to the Appeals Committee.

i) The Appeals Committee reviews information. The Committee may request additional information from the student and/or other parties.

j) The Appeals Committee issues a decision. The Committee’s decision is final. The Director of Student Financial Aid is not authorized to overturn the decision of the Appeals Committee.

k) The decision is delivered in writing to the student and a copy is kept for the student’s file.

l) There is no deadline for appeals. Appeals are received and considered year-round.

F. Application Status

A student may check the status of an application online at www.msfinancialaid.org at any time after the application has been processed. To check the status of an application, a student must log in to his/her student account.

G. Updating an Application

A student should update the online application if any of the following information changes after an application has been completed online during a given aid year:

School attending
Enrollment status
Terms of enrollment
Contact information

III. AWARD OFFER AND ACCEPTANCE PROCESS

A. Award Offer and Acceptance Process for Grant and Scholarship Programs

The Office will notify students of award offers through email or mail, depending on the type of communication requested by the student at the point of application.
Award notices are typically made beginning in July, but will be made only after an application is considered complete and eligible.
Students who wish to accept a grant or scholarship award offer do not need to take any action.
Students who wish to decline a grant or scholarship award should notify the Office in writing of that decision.

B. Award Offer and Acceptance Process for Forgivable Loan Programs

The Office will notify students of award offers through email or mail, depending on the type of communication requested by the student at the point of application.
Award notices are typically made beginning in July, but will be made only after an application is considered complete and eligible.
First-time forgivable loan applicants who wish to accept a forgivable loan award offer must complete, sign, and submit the following documents:

a) Entrance Counseling

b) Master Contract and Note incorporating the program Rules and Regulations

c) Self-Certification Form

Renewing forgivable loan applicants who wish to accept a forgivable loan award offer must complete, sign, and submit the Self-Certification Form each year.
Some documents may be available for signature electronically, but the student may request a paper document for signature.
Students who wish to decline a forgivable loan award offer should notify the Office in writing of that decision.

C. The Office will create and distribute Award Reports to notify each approved institution of the students at the institution who have received an award offer.

New Award Reports are posted regularly (typically once a week), and may include changes to an award amount, reasons for cancellation of an award, and other information.

D. Some state financial aid awards may be used only for tuition, but other awards may be used for other costs of attendance. Consult the Rules and Regulations of a particular program to determine what may/may not be covered by an award. In no case shall any student receive any combination of financial aid that would be more than the cost of attendance. The Office encourages the institutions to reduce other aid (excluding Pell Grant) which it controls prior to returning state funds.

IV. DISBURSEMENT PROCESS

State financial aid funds will be disbursed directly to the approved institution on behalf of the eligible student. Money will never be disbursed directly to the student.

A. Enrollment Verification - No state financial aid funds will be disbursed until the Office receives verification of enrollment. Each approved institution will submit an Enrollment Verification Report after the final add/drop date at the beginning of each term. The Office will process the Enrollment Verification Reports in the order in which they are received.

B. Requesting Funds - After the Office has processed the Enrollment Verification Report, the Office requests that funds be disbursed to the institution for eligible students with confirmed enrollment.

C. Transferring Funds to the Institution - State financial aid funds will be transferred to the institution by check or electronic funds transfer. After funds are requested, the transfer of funds may take as long as 14-21 days. Once the funds have been transferred to the institution, the institution will be responsible for crediting each student’s account with the correct award amount.

D. Disbursing Funds to the Student - Funds are considered to be disbursed to the student at the point at which the institution makes the funds unconditionally available to the student for use in payment of tuition, fees, or other eligible costs of attendance. Funds are considered to be disbursed to the student if the institution uses its own funds to advance payment of the funds and later requests the Board for reimbursement. Funds are not considered to be disbursed if the institution merely waives payment of costs pending receipt of payment from the Office. In no case are funds considered to be disbursed to the student before the Office receives verification of enrollment.

E. Returning Funds to the State - If a student, who is required to maintain continuous full-time enrollment for continued eligibility, withdraws or drops to below full- time status before state financial aid funds are disbursed to the student, the institution should return the funds to the state. The student will not be eligible for

state financial aid for the subsequent term, since he/she did not maintain continuous full-time enrollment. If a student, who is required to maintain continuous full-time enrollment for continued eligibility, withdraws or drops to below full-time status after state financial aid funds are disbursed to the student, the student may keep the funds. However, the student will not be eligible for state financial aid for the subsequent term, since he/she did not maintain continuous full-time enrollment.

V. LOAN REPAYMENT AND SERVICING PROCESS

A. Third-party Servicer

A third-party vendor will service all the state’s forgivable loan accounts.
The vendor will provide an online platform where a student may electronically participate in Entrance Counseling and sign the Master Contract and Note before receiving funds.
The vendor will complete all billing and collections functions on behalf of the Office.
The vendor will supply online account access for every student borrower, where the borrower may make payments, download and file deferment and cancellation forms, set up automatic payments, etc.
The vendor will provide customer service representatives to answer questions related to the deferment, cancellation, and repayment of forgivable loans.

B. Loan Recipient Responsibilities

While receiving funds, the loan recipient must at all times keep the Office informed of the recipient’s current, correct, and complete contact information. This information may be updated via the student account online at www.msfinancialaid.org. Once in repayment, the recipient must at all times keep the loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.
A loan recipient should address in writing to the Office or the loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

C. Repayment

A forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, fails to complete the approved program of study, or fails to obtain the necessary license (if required for employment).
Repayment with service or money must begin by the month after the applicable event outlined in section V.C.1.a) above, unless the recipient is granted a grace period, in which case repayment must begin by the month after the expiration of the grace period.
The recipient may repay the loan debt either through service or by making monetary payments.

D. Grace Period and Other Deferments

A deferment is a postponement of payment for a defined period of time for a specific purpose. The grace period is a type of deferment.

Grace Period

a) Loan recipients who complete their approved program of study receive a grace period, which is outlined in the Master Contract and Note signed by the student prior to receiving any award from the Office.

b) Most forgivable loans carry a 12-month grace period, but some carry only a 1-month grace period. The Master Contract and Note details the duration of the grace period.

c) The student borrower may utilize the grace period to seek and secure qualifying employment.

d) A loan recipient who does not complete the approved program of study will not be granted a grace period and will enter repayment immediately upon separation from the approved program of study. In some cases, such a recipient may be eligible for an in-school deferment.

Residency Deferment

a) A residency deferment is available to students in specific loan programs. These deferments are outlined in the Master Contract and Note.

b) At the beginning of each year of residency, the loan recipient should submit a Residency Deferment Form.

In-School Deferment

a) A loan recipient who does not complete the approved program of study, but remains enrolled at least part-time, may request deferment for the purpose of remaining in school.

b) The in-school deferment must be requested in writing to the loan servicer and must be accompanied by verification of at least part- time enrollment from the attending institution.

c) The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

Temporary Disability Deferment

a) A loan recipient who is unable to secure or continue employment because of temporary disability may request deferment.

b) To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.

c) The temporary disability deferment must be requested in writing to the loan servicer and must be accompanied by certification from a Doctor of Medicine or Osteopathy who is legally authorized to practice medicine.

d) The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

Military Service Deferment

a) In terms of military service, the following definitions shall apply:

(1) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship.

(2) OBLIGATED or VOLUNTARY military service is that service which is performed by the individual in repayment of a debt owed the United States government as a result of military scholarships, ROTC scholarships, etc. received by the individual. Service is VOLUNTARY if the individual is not obligated to incur a period of military service but chooses to incur the service obligation.

b) A loan recipient may request deferment during the time of required military service.

c) The military deferment must be requested in writing to the loan servicer, stating the beginning and ending dates of the required military service, and must be accompanied by a copy of the military orders.

d) The military deferment must be requested and approved on a year- to-year basis (annually).

e) If a loan recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for additional military deferment.

f) If a recipient obligates himself/herself to VOLUNTARY military service, then the recipient shall be declared ineligible for military deferment.

E. Repayment through Service

Service Deferment

a) The loan recipient who completes the approved program of study, earns the necessary license (if required), and obtains appropriate employment may request a service deferment.

b) The loan recipient must submit to the third-party servicer a Service Deferment Form at the beginning of each and every year of employment until the debt is paid in full.

c) The deferment form must be submitted by the month after the expiration of the grace period.

Service Cancellation A cancellation is a clearing of all or part of the debt.

a) Loan recipients who render employment according to the terms of their Master Contract and Note may request service cancellation.

b) For service cancellation, the loan recipient should submit to the third-party servicer a Service Cancellation Form at the end of each and every year of employment until the debt is paid in full.

F. Monetary Payments

The loan recipient who does not repay the loan through service must begin making payments by the month after the recipient completes the approved program of study, withdraws from school, fails to complete the approved program of study, fails to obtain the necessary license (if required for employment), or the expiration of the grace period if granted.
Amount, Frequency, and Duration of Payments

a) The loan recipient is liable for the sum of all loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

b) The rate of interest is the current unsubsidized Federal Direct Loan rate at the time of the occurrence of one of the events outlined in section V.F.2.a). Interest begins accruing at the time of occurrence of one of the events outlined in Section V.F.2.a).

c) To keep the account current, loan recipients must repay the loan (principal, penalty, and interest) in equal consecutive monthly installments. The number of installments is outlined in the recipient’s Master Contract and Note.

Past Due and Delinquent Accounts

a) An account becomes past due when the recipient fails to make the minimum monthly payment.

b) An account becomes delinquent when the account becomes 4 months past due.

c) A loan recipient with a past due or delinquent account may request to “reschedule” the minimum monthly payments to keep the account from being turned over to a collection recovery agency. “Rescheduled” accounts are still considered to be past due or delinquent until any past due balance is paid in full.

d) Delinquent accounts are considered to be in default during the 5 th

month past due. At such time, the account is accelerated and placed with a collection recovery agency and submitted for tax offset.

(1) When an account is accelerated, the sum of the outstanding principal, penalty, and interest becomes the new balance due.

(2) A collection commission is applied to the new balance, and interest accrues on the sum of the new balance and collection commission.

G. Collection of Defaulted Forgivable Loan Accounts

Collection Agencies

a) The Office partners with third-party collection recovery agencies to collect on defaulted accounts.

b) Collection efforts by these agencies include, but are not limited to paper correspondence, electronic correspondence, and phone calls.

c) Collection costs are borrower-paid. When an account is placed with a collection agency, a collection commission is added to the accelerated balance. Interest then accrues on the combined accelerated balance and collection commission.

Tax Offset

a) When a borrower’s account is placed with a collection agency, the third-party servicer also reports the account to the Mississippi Department of Revenue.

b) The Department of Revenue may intercept individual and joint State of Mississippi income tax returns in an effort to collect on defaulted forgivable loan balances.

c) The intercepted tax return is applied first to past due interest, then to current interest, and lastly to the outstanding principle balance.

d) Refunding of Tax Offset Intercepts

(1) If the tax offset payment is intercepted from a joint return, a not-at-fault spouse may be entitled to a portion of the

refund. In this case, the borrower may appeal to the Office on behalf of the not-at-fault spouse in order to procure a portion of the refund for said spouse.

(2) The Refund Process for State Tax Offset Payments is as follows:

(a) The borrower receives the initial notification letter from the Mississippi Department of Revenue confirming their state tax refund has been intercepted by the Mississippi Institutions of Higher Learning to repay a defaulted forgivable loan debt.

(b) The borrower may submit a written appeal to the Office for the portion of the refund due to the not- at-fault spouse.

(c) The appeal must be received by the Office no later than 30 days after the date of issuance of the letter from the Department of Revenue.

(d) The Office will request W-2 employment wage verification forms from each spouse to verify the proportionate amount of tax each spouse contributed within the last calendar year.

(e) After reviewing the W-2 documents, the office will make a determination of the percentage of the refund attributed to the not-at-fault spouse.

(f) A refund check reflecting the proportionate amount of tax available to return along with a finalization letter will be issued to the not-at-fault spouse.

H. Credit Reporting

State Forgivable Loans are reported to the credit bureaus monthly.
Credit reporting is completed by the third-party servicer.
Accounts are reported using the standard credit reporting codes.

I. Cancellation through Death or Disability

Death

a) If a loan recipient dies, then the recipient's obligation to repay the loan or render service is canceled.

b) The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.

c) The Board may not attempt to collect on the loan from the deceased recipient's estate.

Total and Permanent Disability

a) If a loan recipient becomes totally and permanently disabled, the recipient may request cancellation of the outstanding balance.

b) A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.

c) To demonstrate total and permanent disability, the recipient or the recipient's representative must submit the Disability Cancellation Form. The form must include a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board, that the recipient is totally and permanently disabled.

d) Other documents may be requested.

e) Collection efforts will continue until the physician certification is received or until notice is received from the physician stating that the certification has been requested and additional time is needed.

f) The physician certification and all requested documents must be submitted within 60 days of the borrower’s request for cancellation.

g) The borrower’s outstanding debt will be cancelled only after the borrower is deemed to be totally and permanently disabled in accordance with the physician certification and supporting documents.

State of Mississippi forgivable loans cannot be discharged or cancelled through bankruptcy.
Forgivable loan cancellation forms can be found at the following link: www.msfinancialaid.org/repayment.

History

Source: Miss. Code Ann. § 37-106-1 through § 37-106-79; Miss. Code Ann. § 37-103-1 through § 37-103-29; and Miss. Code Ann. § 27-7-701.

Part 611 Part 611: Mississippi Resident Tuition Assistance Grant (MTAG)

Chapter 1 Mississippi Resident Tuition Assistance Grant (MTAG) Rules and Regulations

10 Miss. Admin. Code Pt. 611, R. 1.1 Mississippi Resident Tuition Assistance Grant (MTAG) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (Postsecondary Board). All eligible students shall receive a Mississippi Resident Tuition Assistance Grant (MTAG) award; however, the amount of each MTAG award depends upon the availability of funds as authorized by the State Legislature.

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving MTAG under this act shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be continuously enrolled (not less than two semesters or three trimesters in each successive academic year) full-time (minimum 12 semester hours or 9 trimester hours) at the undergraduate level at one (1) eligible institution in the State of Mississippi.

C. The applicant must meet one of the following sets of academic criteria:

Graduated from high school, as verified by the institution before disbursement of awards, with a minimum cumulative grade point average (GPA) of 2.5 on a 4.0 scale, as certified by the high school counselor or other authorized school official, and scored an ACT composite score of 15 or higher from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question; or
Attended a home education program during grade levels 9 through 12 and scored an ACT composite score of 15 or higher from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question; or
Successfully completed the International Baccalaureate Program, with a minimum cumulative GPA of 2.5 on a 4.0 scale, based on that school’s grading system, and scored an ACT composite score of 15 or higher from a national test or tests. In lieu of ACT scores, students may submit

equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question; or

Satisfactorily completed a high school equivalency diploma and scored an ACT composite score of 15 or higher from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question; or
Completed at least twelve (12) college hours and earned a cumulative GPA of at least 2.5 on a 4.0 scale on all college work.

D. Exception: Any student, including the entrant with a high school equivalency diploma, pursuing a vocational or technical program of study at a community or junior college leading to a certificate or an associate of applied science degree is not required to take the ACT, unless required by the school.

E. The number of prior full-time semesters or trimesters that a student has attended college will not be a factor in determining a recipient’s initial eligibility if he/she is otherwise eligible.

F. The applicant must not be financially eligible for the maximum Federal Pell Grant as evidenced either by a Student Aid Index (SAI) greater than zero (0) on the Free Application for Federal Student Aid (FAFSA) or by completion of a Financial Certification Statement certifying that the family income will preclude the applicant’s eligibility for the Federal Pell Grant or other need-based Title IV funds.

G. The applicant must complete an application for state financial aid on or before September 15 during the fall of the aid year for which the student is seeking assistance.

H. The applicant must not currently be in default on a Federal or State educational loan or owe a repayment on a Federal or State grant.

I. The applicant must meet any other general requirements for admission and student financial aid at the student’s eligible institution of choice.

II. APPLICATION REQUIREMENTS

A. First-time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of September 15 during the fall of the aid year for which the student is seeking assistance.
Submit two forms of documentation of current legal residency by the document deadline of October 15. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
If the applicant is considered to be a first-time college student (completed fewer than twelve (12) credit hours), submit by the document deadline of October 15:

a) Proof of graduation from high school with a minimum cumulative GPA of 2.5 on a 4.0 scale certified by the high school counselor or other authorized school official and proof of an ACT composite score of 15 or higher from a national test or tests taken prior to being enrolled as a first-time college student. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question. If the student is enrolling in a vocational or technical program of study at a community or junior college, the student may submit a letter or other proof of program enrollment from the college in lieu of the required standardized test scores; or

b) Proof of attendance at a home education program during grade levels 9 through 12 and proof of an ACT composite score of 15 or higher from a national test or tests taken prior to being enrolled as a first-time college student. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question. If the student is enrolling in a vocational or technical program of study at a community or junior college, the student may submit a letter or other proof of program enrollment from the college in lieu of the required standardized test scores; or

c) Proof of successful completion of the International Baccalaureate Program, with a minimum cumulative GPA of 2.5 on a 4.0 scale, based on that school’s grading system and proof of an ACT composite score of 15 or higher from a national test or tests taken prior to being enrolled as a first-time college student. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question. If the student is enrolling in a vocational or technical program of study at a community or junior college, the student may submit a letter or other proof of program enrollment from the college in lieu of the required standardized test scores; or

d) Proof of satisfactory completion of a high school equivalency diploma and proof of an ACT composite score of 15 or higher from a national test or tests taken prior to being enrolled as a first- time college student. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question. If the student is enrolling in a vocational or technical program of study at a community or junior college, the student may submit a letter or other proof of program enrollment from the college in lieu of the required standardized test scores.

If the applicant is considered to be a continuing college student (completed more than twelve (12) credit hours), submit by the document deadline of October 15, proof of a cumulative college GPA of at least 2.5 on a 4.0 scale.
Complete by the document deadline of October 15 either the FAFSA to demonstrate that the applicant is not financially eligible for the maximum Federal Pell Grant because the applicant has an SAI greater than zero (0), or a Financial Certification Statement certifying that the family income will preclude the applicant’s eligibility for the Federal Pell Grant or other need-based Title IV funds.
Be enrolled full-time (minimum 12 semester hours or 9 trimester hours) at the undergraduate level at one (1) eligible institution in the State of Mississippi. Evidence of enrollment will be automatically provided to the Postsecondary Board by the attending institution.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of September 15.
Maintain current, legal residency status in the State of Mississippi.
Complete by the document deadline of October 15 either the FAFSA to demonstrate that the applicant is not financially eligible for the maximum Federal Pell Grant because the applicant has an SAI greater than zero (0), or a Financial Certification Statement certifying that the family income will preclude the applicant’s eligibility for the Federal Pell Grant or other need-based Title IV funds.
Maintain continuous, full-time enrollment at one (1) eligible institution in the State of Mississippi for not less than two semesters or three trimesters in each successive academic year, unless granted an exception for cause.

a) Full-time enrollment consists of a minimum 12 semester hours or 9 trimester hours at the undergraduate level. Evidence of enrollment will be automatically provided to the Postsecondary Board by the attending institution, unless requested from the applicant.

b) If a student drops below full-time status during a semester or trimester of the academic year and is not granted an exception for cause by the administering agency, no refund will be required for that term; however, that student is ineligible to receive funds during the following semester or trimester of full-time enrollment of the regular academic year.

Maintain satisfactory academic progress toward a degree with a minimum cumulative GPA of 2.5 on a 4.0 scale, as certified by the registrar, based on that institution’s calculation, at the end of each semester, trimester, or term of the regular academic year. In the case of students pursuing a certificate, the student must meet that institution’s satisfactory academic progress standards of his/her program of study.

III. LENGTH AND AMOUNT OF AWARD

A. No student may receive MTAG for longer than the equivalent semesters or trimesters required to complete one (1) certificate, and/or one (1) associate, and/or (1) bachelor degree per institution, not to exceed eight (8) semesters or twelve (12) trimesters.

B. For freshman and sophomore students, the award shall not exceed Five Hundred Dollars ($500.00) per academic year (to be divided equally between each semester/trimester). Classification will be determined by the attending institution.

C. For junior and senior students, the award shall not exceed One Thousand Dollars (1,000.00) per academic year (to be divided equally between each semester/trimester). Classification will be determined by the attending institution.

D. Those students eligible for less than the maximum Federal Pell Grant award shall receive an MTAG award in an amount equal to the difference between the maximum Federal Pell Grant award amount and the award amount of the Federal Pell Grant for which the student is eligible based upon the student’s SAI as determined by the FAFSA. In no situation may the MTAG award amount exceed the maximum MTAG amount allowable for students of the same classification.

E. All awards are dependent on the availability of funds and are subject to proration.

F. No student shall receive a combination of student financial aid and MTAG that exceeds the cost of attendance as defined by the institution’s Federal Pell Grant Budget.

G. Undergraduate grant awards will be offered to individual applicants through the single undergraduate grant program that offers the applicant the largest award.

H. Payment of MTAG awards shall be disbursed directly to the educational institutions and applied first to tuition.

I. If a recipient transfers from one eligible Mississippi institution to another, the award will be transferable, provided the student applies for the grant and is otherwise eligible.

History

Source: Miss. Code Ann. § 37-106-29.

Part 613 Part 613: Mississippi Eminent Scholars Grant (MESG)

Chapter 1 Mississippi Eminent Scholars Grant (MESG) Rules and Regulations

10 Miss. Admin. Code Pt. 613, R. 1.1 Mississippi Eminent Scholars Grant (MESG) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (Postsecondary Board). All eligible students shall receive a Mississippi Eminent Scholars Grant (MESG) award; however, the amount of each MESG award depends upon the availability of funds as authorized by the State Legislature.

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving MESG under this act shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, of Ms. Code Ann., with the exception of Section 37-103-17.

C. The applicant must meet one of the following sets of academic criteria:

Graduated from high school or earned the equivalent in high school subjects acceptable for credit toward a diploma, as verified by the institution before disbursement of awards, with a minimum cumulative grade point average (GPA) of 3.5 on a 4.0 scale based on the high school’s grading system and certified by the high school counselor or other authorized school official, and scored an ACT composite score of 29 or higher from a national test or tests taken prior to being enrolled as a first- time college student. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question; or
Attended a home education program during grade levels 9 through 12 and scored an ACT composite score of 29 or higher from a national test or tests taken prior to being enrolled as a first-time college student. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question; or
Graduated from high school or earned the equivalent in high school subjects acceptable for credit toward a diploma, as verified by the

institution before disbursement of awards, with a minimum cumulative grade point average (GPA) of 3.5 on a 4.0 scale based on the high school’s grading system and certified by the high school counselor or other authorized school official, and was recognized as a semifinalist or finalist by the National Merit Scholarship Corporation or the National Achievement Scholarship Program.

D. The applicant must enroll as a first-time college student in Mississippi.

A “first-time in college” student is any student who has earned fewer than 12 hours of postsecondary academic credit.

a) Postsecondary academic credit earned prior to or during the summer immediately subsequent to receiving a high school diploma, or earned while dually enrolled in secondary and postsecondary educational institutions, or while enrolled in the early admission program of a postsecondary institution shall not be considered when determining if a student is a “first-time in college” student.

b) Postsecondary academic credit granted by an institution for Advanced Placement (AP) or International Baccalaureate (IB) courses completed in high school shall not be considered when determining if a student is a “first-time in college” student.

A student may enroll as a first-time college student in Mississippi as long as the student has earned no more than 36 hours of postsecondary academic credit out of state before enrolling in a Mississippi institution. The eligibility of such applicants will be determined in the same manner as “first-time in college” applicants, except that these students shall be required to have maintained the equivalent of a 3.5 cumulative grade point average on a 4.0 scale for all college work attempted, as certified by the attending institution.

E. The applicant must complete an initial application for state financial aid before the expiration of the third school year succeeding the year of his or her high school graduation and must complete an application on or before September 15 during the fall of the aid year for which the student is seeking assistance.

F. The applicant must not currently be in default on a Federal or State educational loan or owe a repayment on a Federal or State grant.

G. The applicant must meet any other general requirements for admission and student financial aid at the student’s eligible institution of choice.

II. APPLICATION REQUIREMENTS

A. First-time applicants must:

Complete an initial application online at www.mississippi.edu/financialaid before the expiration of the third school year succeeding the year of his or her high school graduation and on or before September 15 during the fall of the aid year for which the student is seeking assistance.
Submit two forms of documentation of current legal residency by the document deadline of October 15. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit by the document deadline of October 15:

a) Proof of graduation from high school or proof of earning the equivalent in high school subjects acceptable for credit toward a diploma, as verified by the institution before disbursement of awards, with a minimum cumulative grade point average (GPA) of 3.5 on a 4.0 scale based on the high school’s grading system and certified by the high school counselor or other authorized school official, and proof of an ACT composite score of 29 or higher from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question; or

b) Proof of attendance at a home education program during grade levels 9 through 12 and proof of an ACT composite score of 29 or higher from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question; or

c) Proof of graduation from high school or proof of earning the equivalent in high school subjects acceptable for credit toward a diploma, as verified by the institution before disbursement of awards, with a minimum cumulative grade point average (GPA) of 3.5 on a 4.0 scale based on the high school’s grading system and certified by the high school counselor or other authorized school official, and proof of recognition as a semifinalist or finalist by the National Merit Scholarship Corporation or the National Achievement Scholarship Program.

d) Proof of a minimum cumulative grade point average (GPA) of 3.5 on a 4.0 scale on at least 12, but no more than 36, hours of postsecondary education credit, as certified by the attending institution and proof of an ACT composite score of 29 or higher from a national test or tests taken before the student became a first- time college student. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question, or proof of recognition as a semifinalist or finalist by the National Merit Scholarship Corporation or the National Achievement Scholarship Program will be accepted in lieu of the ACT.

Be enrolled full-time (minimum 12 semester hours or 9 trimester hours) at the undergraduate level at one (1) eligible institution in the State of Mississippi. Evidence of enrollment will be automatically provided to the Postsecondary Board by the attending institution.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of September 15 during the fall of the aid year for which the student is seeking assistance.
Maintain current legal residency status in the State of Mississippi.
Maintain continuous, full-time enrollment at one (1) eligible institution in the State of Mississippi for not less than two semesters or three trimesters in each successive academic year, unless granted an exception for cause.

Maintain satisfactory academic progress toward a degree with a minimum cumulative GPA of 3.5 on a 4.0 scale, as certified by the registrar, based on that institution’s calculation, at the end of each semester, trimester, or term of the regular academic year.

III. LENGTH AND AMOUNT OF AWARD

A. No student may receive MESG for longer than the equivalent semesters or trimesters required to complete one (1) certificate, and/or one (1) associate, and/or (1) bachelor degree per institution, not to exceed eight (8) semesters or twelve (12) trimesters.

B. For all eligible students, the MESG award amount is the amount of tuition and mandatory fees at the institution of attendance, not to exceed Twenty-five Hundred Dollars ($2,500.00) per academic year (to be divided equally between each semester/trimester).

C. All awards are dependent on the availability of funds and are subject to proration.

D. A student may receive MESG, unless receipt of the award will cause the student’s financial aid package to exceed the institution’s established Cost of Attendance for the student. In such cases, the institution should reduce or cancel the award to ensure the student receives the maximum award without exceeding the Cost of Attendance. Undergraduate grant awards will be offered to individual applicants through the single undergraduate grant program that offers the applicant the largest award.

E. Payment of MESG awards shall be disbursed directly to the postsecondary institution and applied first to tuition.

F. If a recipient transfers from one eligible Mississippi institution to another, the award will be transferable, provided the student applies for the grant and is otherwise eligible.

History

Source: Miss. Code Ann. § 37-106-31.

Part 615 Part 615: Higher Education Legislative Plan for Needy Students Grant (HELP) Rules and Regulations

Chapter 1 Higher Education Legislative Plan for Needy Students Grant (HELP) Rules and Regulations

10 Miss. Admin. Code Pt. 615, R. 1.1 Higher Education Legislative Plan for Needy Students Grant (HELP) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board. All eligible students shall receive a Higher Education Legislative Plan for Needy Students (HELP) award; however, the amount of each award depends upon the availability of funds as authorized by the State Legislature.

I. GENERAL ELIGIBILITY

A. The applicant must be a United States citizen or eligible non-citizen and registered with the Selective Service, if required.

B. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving HELP under this act shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, of Ms. Code Ann., with the exception of Section 37-103-17.

C. The applicant must have no criminal record, except for misdemeanor traffic violations.

D. The applicant must be enrolled or accepted for enrollment as a full-time undergraduate student at an eligible Mississippi postsecondary institution, pursuing a first associate or baccalaureate degree.

E. The applicant must complete an online application on or before March 31 during the spring prior to the aid year for which the student is seeking assistance and submit all required supporting documents by April 30 of the same year.

F. The applicant must meet the following academic requirements:

The applicant must have graduated from high school within the two (2) years preceding the application, as verified by the institution before disbursement of awards, with a minimum cumulative grade point average (GPA) of 2.5 calculated on a 4.0 scale, as certified by the high school counselor or other school official.
The applicant must have a composite score on the American College Test (ACT) of at least twenty (20) from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the

official ACT/SAT concordance tables in publication at the time of the test in question.

G. The applicant must demonstrate financial need. For the purposes of this program, the term “family” for a dependent applicant includes the applicant’s parents and other children under age twenty-one (21) of the applicant’s parents. The term “family” for an independent applicant includes the applicant, the applicant’s spouse, and any children under age twenty-one (21) of the applicant and spouse.

To demonstrate financial need for the 2015-16 aid year, the applicant’s family must have an annual adjusted gross income of Thirty-nine Thousand Five Hundred Dollars ($39,500.00) or less for a family with only one dependent child under the age of twenty-one (21) or an annual adjusted gross income of Thirty-nine Thousand Five Hundred Dollars ($39,500.00) or less plus Five Thousand Dollars ($5,000.00) for each additional dependent child under the age of twenty-one (21). Unless specified otherwise by the Mississippi Legislature, to demonstrate financial need for the 2016-17 and subsequent aid years, the applicant’s family must have an annual adjusted gross income of Forty-two Thousand Five Hundred Dollars ($42,500.00) or less for a family with only one dependent child under the age of twenty-one (21) or an annual adjusted gross income of Forty-two Thousand Five Hundred Dollars ($42,500.00) or less plus Five Thousand Dollars ($5,000.00) for each additional dependent child under the age of twenty-one (21).
The applicant must complete the Free Application for Federal Student Aid (FAFSA) and have a Student Aid Index (SAI) equal to or below the level needed to qualify for a minimum Federal Pell Grant.

H. The applicant must not currently be in default on a Federal or State educational loan or owe a repayment on a Federal or State grant.

I. The applicant must meet any other general requirements for admission and student financial aid at the student’s eligible institution of choice.

J. The applicant must be in compliance with the terms of federal and other state aid programs.

II. APPLICATION REQUIREMENTS

A. First-time applicants must:

Complete an initial application online at www.msfinancialaid.org on or before March 31 during the spring prior to the aid year for which the student is seeking assistance and within two (2) years of the student’s high school graduation.
Submit by the document deadline of April 30:

a) Two forms of documentation of current legal Mississippi residency. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.msfinancialaid.org.

b) Proof of graduation from high school within the two years preceding the application, as verified by the institution before disbursement of awards, with a minimum cumulative grade point average (GPA) of 2.5 on a 4.0 scale based on the high school’s grading system and certified by the high school counselor or other authorized school official.

c) Proof of completion of the American College Test (ACT). The applicant must earn a composite score of at least twenty (20) on the ACT from a national test or tests taken prior to being enrolled as a first-time college student. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question.

d) If the applicant has earned at least twelve (12) hours of college credit and is considered to be a currently enrolled student, proof of a cumulative grade point average (GPA) of at least 2.5 calculated on a 4.0 scale on earned credit hours as certified by the attending institution.

Fully complete the Free Application for Federal Student Aid (FAFSA) by the document deadline of April 30.
Submit any additional documents requested for the purpose of resolving conflicting information by October 15.
Be enrolled or accepted for enrollment as a full-time (minimum 12 semester hours or 9 trimester hours) undergraduate student at one (1) eligible Mississippi postsecondary institution. Evidence of enrollment will be automatically provided to the Board by the attending institution.

B. Renewal Applicants Must:

Complete a renewal application online at www.msfinancialaid.org on or before March 31 during the spring prior to the aid year for which the student is seeking assistance.
Fully complete the Free Application for Federal Student Aid (FAFSA) annually by the document deadline of April 30.
Submit any additional documents requested for the purpose of resolving conflicting information by October 15.
Make satisfactory academic progress toward a degree with a minimum cumulative GPA of 2.5 on a 4.0 scale, as certified by the registrar, based on that institution’s calculation, at the end of each semester, trimester, or term of the regular academic year.
Maintain continuous enrollment as a full-time undergraduate student (excluding summer sessions) for not less than two (2) semesters or three (3) trimesters in each successive academic year at one (1) eligible postsecondary institution in the State of Mississippi. Evidence of enrollment will be automatically provided to the Board by the attending institution.

III. LENGTH AND AMOUNT OF AWARD

A. The annual award amount for the HELP Scholarship varies, since it is the actual tuition charged by individual Mississippi public institutions. The annual award amount for the HELP Scholarship for attendance at a Mississippi non-public four- year institution shall not exceed the average charges and fees required by all of the four-year public institutions of higher education. The annual award amount for the HELP Scholarship for attendance at a Mississippi non-public two-year institution of higher education shall not exceed the average charges and fees required by all of the two-year public institutions of higher education.

B. A maximum cumulative award amount is not established; however, a recipient may only receive this scholarship for 8 semesters or 12 trimesters.

C. The HELP Scholarship is not available for summer school.

D. When the HELP Scholarship is added to a student’s award package, the total award package will not exceed the institution’s cost of attendance or some other limitation established by the institution which may be less than the cost of attendance. If an overaward occurs, the HELP Scholarship will be reduced.

E. The applicant must not be receiving a tuition and required fees waiver or tuition and required fees award from another state financial aid source.

F. All awards are dependent upon the availability of funds. All eligible students shall receive a Higher Education Legislative Plan for Needy Students (HELP) award; however, the amount of each award depends upon the availability of funds as authorized by the State Legislature. Undergraduate grant awards will be offered

to individual applicants through the single undergraduate grant program that offers the applicant the largest award.

G. Payment of HELP awards shall be disbursed directly to the educational institutions and applied first to tuition and required fees.

H. If a recipient transfers from one eligible Mississippi institution to another, the award will be transferable, provided the student applies for the Scholarship and is otherwise eligible.

IV. LOSS OF ELIGIBILITY

A. Failure to maintain academic eligibility will result in cancellation of the recipient's eligibility for the HELP Scholarship, until academic eligibility can be reestablished. Exception for cause will not be considered.

B. Failure to maintain continuous full-time enrollment will result in cancellation of the recipient's eligibility for the HELP Scholarship; however, the student may file an appeal for reconsideration with the Office of State Student Financial Aid and may be granted an exception for cause.

C. A HELP Scholarship recipient, who was denied continuation because of failure to show financial need during one academic year, may be reinstated in a subsequent academic year, upon written request to the Office of State Student Financial Aid if he or she is once again able to demonstrate financial need and has maintained all other eligibility requirements.

History

Source: Miss. Code Ann. § 37-106-75.

Part 617 Mississippi Law Enforcement Officers and Firefighters Scholarship (LAW) Rules and Regulations

Chapter 1 Mississippi Law Enforcement Officers and Firefighters Scholarship (LAW) Rules and Regulations

10 Miss. Admin. Code Pt. 617, R. 1.1 Mississippi Law Enforcement Officers and Firefighters Scholarship (LAW) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (Postsecondary Board). The Mississippi Law Enforcement Officers and Firefighters Scholarship Program offers financial assistance to dependent children and spouses of any Mississippi law enforcement officer, full-time firefighter or volunteer firefighter who has suffered fatal injuries or wounds or become permanently and totally disabled as a result of injuries or wounds which occurred in the performance of the official and appointed duties of his or her office.

I. GENERAL ELIGIBILITY:

A. The applicant must enroll full-time (minimum 12 semester hours or 9 trimester hours) at the undergraduate level at one (1) state-supported college or university within the state of Mississippi.

B. The applicant must be certified as a dependent child or spouse of any Mississippi law enforcement officer, full-time firefighter or volunteer firefighter who suffered fatal injuries or wounds which occurred in the performance of the official and appointed duties of his or her office or who became permanently and totally disabled as a result of injuries or wounds which occurred in the performance of the official and appointed duties of his or her office.

“Child” or “children” means natural children, adopted children or stepchildren.

a) For proof of dependency, additional documentation may be required for adopted or stepchildren.

b) A child must not have reached the age of twenty-three (23) years on the first day of the first term for which the LAW scholarship is awarded.

A “spouse” as it applies to this scholarship is a person who was legally married to a Mississippi law enforcement officer, full-time firefighter or volunteer firefighter at the time of the death, or, in the case of the law enforcement officer or firefighter who was permanently and totally disabled, has not remarried.
“Mississippi law enforcement officer” is defined as follows:

a) Any law enforcement officer who is certified and in good standing with the Board on Law Enforcement Standards and Training;

b) “Constables” including all duly elected constables of any beat of any county within the state while actually engaged in the performance of their duties concerning the criminal laws of the county and state.

c) Members of the National Guard serving as peace officers when ordered to state emergency duty under authority vested in the Governor by the Constitution and laws of the state.

d) Correctional officers employed by the Mississippi Department of Corrections.

Full-time firefighter is defined as any firefighter employed by any subdivision of the State of Mississippi on full-time duty status that was permanently and totally disabled or fatally injured while actually engaged in the performance of their duties.
Volunteer firefighter is defined as any volunteer firefighter registered with the State of Mississippi or a political subdivision thereof on a volunteer firefighting status that was permanently and totally disabled or fatally injured while actually engaged in the performance of firefighting duties.

II. APPLICATION REQUIREMENTS:

A. First-time applicants must:

Complete an application online at www.msfinancialaid.org.
To demonstrate eligibility as a child, submit a certificate of live birth.
To demonstrate eligibility as a spouse, submit a copy of the marriage license.
To demonstrate that the applicant is the child or spouse of an eligible law- enforcement officer or firefighter who was permanently and totally disabled as a result of injuries or wounds which occurred in the performance of the official and appointed duties of his or her office, submit the following four documents:

a) A letter from the officer's or firefighter's former supervisor or employer stating whether the officer or firefighter is disabled as a

result of injuries or wounds that occurred in the performance of the official duties of his office;

b) A statement from the officer's or firefighter's physician stating whether the officer or firefighter is disabled and the reason for that disability;

c) Verification from the Public Employees' Retirement System; and

d) Verification from the Social Security Administration.

To demonstrate that the applicant is the child or spouse of an eligible law- enforcement officer or firefighter who suffered fatal injuries or wounds in the performance of the official and appointed duties of his or her office, submit the following two documents:

a) A letter from the officer's or firefighter's former supervisor or employer stating whether he suffered fatal injuries in the performance of the official duties of his office; and

b) A death certificate.

Enroll full-time (minimum 12 semester hours or 9 trimester hours) at the undergraduate level at one (1) eligible state-supported institution in the State of Mississippi. Evidence of enrollment will be automatically provided to the Postsecondary Board by the attending institution.

B. Renewal applicants must:

Complete an application online at www.msfinancialaid.org.
Maintain satisfactory academic progress toward a degree with a minimum cumulative GPA of 2.5 on a 4.0 scale, as certified by the registrar, based on that institution’s calculation, at the end of each semester, trimester, or term of the regular academic year.
Maintain full-time enrollment (minimum 12 semester hours or 9 trimester hours) at the undergraduate level at one (1) eligible state-supported institution in the State of Mississippi. Evidence of enrollment will be automatically provided to the Postsecondary Board by the attending institution.

III. LENGTH AND AMOUNT OF AWARD:

A. No student may receive LAW for longer than the equivalent semesters or trimesters required to complete one (1) certificate, and/or one (1) associate, and/or (1) bachelor degree, not to exceed eight (8) semesters or twelve (12) trimesters.

B. The award shall cover the cost of tuition, including required fees, and the lesser of the actual cost of campus housing and the average cost of standard, double- occupancy campus housing for eight (8) semesters at any state-supported college or university within the state of Mississippi.

C. A “required fee” is any fee charged to every full-time, undergraduate student, regardless of classification or major.

D. The award for students not living on campus should include an amount equal to the average cost of standard campus housing for double-occupancy rooms. If a student moves out of campus housing mid-year, the housing allowance for the remainder of the academic year will equal the allowance for the term during which the student lived in campus housing.

E. The average cost of campus housing for students at the University of Mississippi Medical Center, which does not provide campus housing, should equal the housing allowance used in the calculation of the institution’s Cost of Attendance for full-time, undergraduate, dependent students.

F. This scholarship does not include funds for books, food, school supplies, materials, dues or fees for extracurricular activities.

G. Undergraduate grant awards will be offered to individual applicants through the single undergraduate grant program that offers the applicant the largest award.

History

Source: Miss. Code Ann. § 37-106-39.

Part 621 Part 621: Nissan Scholarship (NISS)

Chapter 1 Nissan Scholarship (NISS) Rules and Regulations

10 Miss. Admin. Code Pt. 621, R. 1.1 Nissan Scholarship (NISS) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (Postsecondary Board).

I. GENERAL ELIGIBILITY

Only first-time entering freshmen are eligible for the Nissan scholarship.

II. INITIAL ELIGIBILITY REQUIREMENTS

A student is eligible to be selected as a Nissan scholar if he or she:

A. Is a legal resident of the State of Mississippi;

B. Will be graduating from a Mississippi high school;

C. Will be enrolling as a full-time student at a public two-year college or four-year university in Mississippi;

D. Has a high school grade point average of 2.5 or higher on a 4.0 grading scale and a minimum score of 20 on the national ACT. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question;

E. Submits an essay which demonstrates a desire to incorporate their career goal to support the automotive industry;

F. Demonstrates financial need as determined by the Mississippi Office of Student of Financial Aid; and

G. Demonstrates leadership abilities through extracurricular participation in 3 or more activities during the 9 th – 12 th grades as outlined in the student’s résumé and transcript.

III. NUMBER AND AMOUNT OF AWARDS

A. The Nissan Scholarship Selection Committee will determine the number of Nissan scholarships to be awarded annually.

B. Each scholarship will be in an amount that pays full tuition (and required fees) and a book allowance to be determined by the Nissan Scholarship Selection

Committee, contingent upon the availability of funds. IV. DISBURSEMENT OF SCHOLARSHIP

A. The college or university shall certify that the student has met the general requirements for initial student eligibility and continuing eligibility.

B. For each scholar who meets the requirements for initial eligibility under Section 2 and continuing eligibility under Section 10, the Mississippi Office of Student Financial Aid shall disburse one-half of the annual award for each semester (one- fourth for a quarter or one-third for each trimester) to the educational institution with each scholar designated as the recipient of a specified amount.

C. Funds will be mailed directly to the institution, to be applied first to tuition.

V. SCHOLARSHIP LENGTH

A. The length of the scholarship will vary depending upon the certificate or degree the student pursues.

B. This scholarship will provide support for up to a maximum of four years of undergraduate work at a public four-year university (up to a maximum of two years of undergraduate work at a public four-year university if the scholar first completes two years of undergraduate work at a public two-year college).

C. This scholarship will provide support for up to a maximum of two years of undergraduate work at a public two-year college.

VI. SELECTION PROCESS

A. Upon recommendation by the Mississippi Office of Student Financial Aid, Nissan North America, Inc. will determine the number of Nissan scholarships to be awarded annually.

B. There will be a Nissan Scholarship Selection Committee appointed each year. The committee shall consist of the following five members: one member from Nissan North America, Inc., two representatives from the Mississippi Community College Board staff, and two representatives from the Board of Trustees of State Institutions of Higher Learning staff. The Director of the Mississippi Office of Student Financial Aid shall act as the coordinator of the selection committee.

C. Selection of scholarship recipients will be based on the following criteria and scoring percentages:

Academic achievement (50%)
Extracurricular activities/work/leadership/community involvement (15%)
Quality of applicant’s signed maximum 200-word essay described in Section 7 below (15%); and
Demonstrated financial need (20%)

D. If the selection committee must select recipients from applicants with similarly scored applications, selection preference should go to applicant(s) from the Hinds, Madison, Rankin tri-county area.

VII. REQUIRED DOCUMENTS

Submission of the following on or before the deadline will constitute a “COMPLETE” application:

A. Online application

B. Resume

C. Two documents verifying Mississippi residency

D. Completed needs analysis form (Free Application for Federal Student Aid – FAFSA)

E. High school transcript showing national ACT score and seven semester grades (through December). The GPA must be calculated on a 4.0 scale. Also, send a college transcript, if taking advanced placement courses.

F. Signed maximum 200-word essay describing the applicant’s plans for the future and reasons for choosing his/her particular field of study as it relates to the automotive industry.

VIII. APPLICATIONS

The application will be available October 1 each year on the Mississippi Office of Student Financial Aid’s website at www.mississippi.edu/financialaid or you may contact:

Mississippi Office of Student Financial Aid 3825 Ridgewood Road Jackson, MS 39211-6453 1-800-327-2980 or (601) 432-6997

IX. APPLICATION DEADLINE

Complete applications must be received in the office of Mississippi Student Financial Aid by March 1 each year.

X. CONTINUING ELIGIBILITY CRITERIA

A Nissan scholar is eligible to continue on the program if he or she:

A. Attains a cumulative grade point average of 2.5 on a 4.0 scale at the end of each semester or quarter or trimester.

The award may be renewed upon certification by the eligible institutions that the recipient meets the necessary qualifications.
If any recipient transfers from one college or university to another, his or her award will be transferable, provided that he or she is otherwise eligible for the award;

B. Demonstrates satisfactory academic progress toward the completion of a degree including continuous full-time enrollment; and

C. Maintains good standing at the college or university.

XI. CONSEQUENCES OF A SCHOLAR’S FAILURE TO MEET THE CONTINUING ELIGIBILITY CRITERIA

A. If a scholar loses eligibility due to having less than the required cumulative grade point average, the scholar shall receive no subsequent awards until the student regains eligibility. The scholar will regain eligibility when the cumulative grade point average is improved to the required minimum for the program.

B. If a scholar fails to maintain continuous enrollment, he/she may submit a request for “exception for cause” to the Coordinator of the Nissan Scholarship Selection Committee. If the request is denied, the scholar shall receive no subsequent awards.

C. A scholar, who receives an award for a period for which the Coordinator of the Nissan Scholarship Selection Committee subsequently determines the scholar was ineligible under the requirements in Section 10, shall, at the discretion of the Selection Committee, return all or a portion of the total amount of the scholarship funds received for the period during which he or she was ineligible.

History

Source: Miss. Code Ann. § 37-106-11.

Part 622 Part 622: Governor’s Emergency Educational Relief Fund Summer Grant (GEER) Rules and Regulations

Chapter 1 Governor’s Emergency Education Relief Fund Summer Grant (GEER) Rules and Regulations

10 Miss. Admin. Code Pt. 622, R. 1.1 Governor’s Emergency Education Relief Fund Summer Grant (GEER) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (Postsecondary Board). Funds will be made available on a first-come, first-served basis.

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving GEER funds under this act shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be a continuing college student and have completed at least twelve (12) college hours, not including any college course work taken while in high school.

C. The applicant has earned a cumulative grade point average (GPA) of at least 2.0 on a 4.0 scale on all college coursework completed through the Fall 2021 term.

D. The applicant must enroll in an aid-eligible program of study at the undergraduate level at one (1) eligible institution in Mississippi for at least three (3) credit hours during a Summer 2022 term.

E. The applicant must be seeking a first certificate, associate’s, or bachelor's degree.

F. The applicant must complete the 2022-2023 Free Application for Federal Student Aid (FAFSA) on or before April 30, 2022 and have an Expected Family Contribution (EFC) of 15,000 or less..

G. The applicant must complete an application for GEER funds on or before April 30, 2022.

H. The applicant must not currently be in default on a Federal or State educational loan or owe a repayment on a Federal or State grant.

II. APPLICATION REQUIREMENTS

A. Applicants must:

Complete a GEER application online at www.mississippi.edu/financialaid by the deadline date of April 30, 2022.
File the 2022-2023 Free Application for Federal Student Aid by the deadline date of April 30, 2022.
Submit two forms of documentation of current legal residency by the document deadline of April 30, 2022, unless the student has already established residency with the Mississippi Office of Student Financial Aid. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit by the document deadline of April 30, 2022 proof of a cumulative college GPA of at least 2.0 on a 4.0 scale earned from at least twelve (12) college hours. Grade documentation must be provided by the attending institution.
Be enrolled in an aid-eligible program of study at the undergraduate level at one (1) eligible institution in the State of Mississippi for at least three (3) credit hours during a Summer 2022 term. Evidence of enrollment will be automatically provided to the Postsecondary Board by the attending institution.

III. LENGTH AND AMOUNT OF AWARD

A. Awards will be made on a first-come, first-served basis. Completing the application by the deadline date does not guarantee funds.

B. For students attending a community college, the one-time award shall not exceed Five Hundred Dollars ($500.00).

C. For students attending a four-year institution, the one-time award shall not exceed One Thousand Dollars (1,000.00).

D. No student shall receive a combination of student financial aid and GEER funds that exceeds the cost of attendance as defined by the institution’s Federal Pell Grant Budget.

E. Payment of GEER awards shall be disbursed directly to the educational institutions and applied first to tuition.

F. If a recipient transfers from one eligible Mississippi institution to another, the award will be transferable, provided the student applies for the grant and is otherwise eligible.

History

Source: APA Title 10, Part 601, Chapter 5, Rule 5.1. and §27-103-127

Part 623 State Representative Bill Kinkade Fostering Access and Inspiring True Hope (FAITH) Scholarship Rules and Regulations

Chapter 1 State Representative Bill Kinkade Fostering Access and Inspiring True Hope (FAITH) Scholarship Rules and Regulations

10 Miss. Admin. Code Pt. 623, R. 1.1 State Representative Bill Kinkade Fostering Access and Inspiring True Hope (FAITH) Scholarship Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board.

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving FAITH under this act shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must complete the required applications for state and federal financial aid by the established deadlines.

C. The applicant must meet the established age requirement and meet at least one of the qualifying foster care criteria.

D. The applicant must enroll at least part-time (minimum of 6 hours unless excepted by the institution) at an eligible Mississippi postsecondary institution and pursue an undergraduate certificate or degree within the allowable time period.

II. APPLICATION REQUIREMENTS

A. First-time applicants must:

Complete an initial application for state student financial aid online at www.msfinancialaid.org on or before September 15 during the fall of the aid year for which the student is seeking assistance.
Complete the Free Application for Federal Student Aid (FAFSA), including the verification process if the student is selected for verification, and accept all available federal grant aid. The state of residency indicated on the FAFSA will be used to verify the applicant’s residency status.
Apply through the Mississippi Department of Child Protection Services for an Educational and Training Voucher if eligible to apply.
Be younger than twenty-five (25) years of age by October 1 of the aid year for which the applicant makes application for the FAITH Scholarship, unless the applicant was on active-duty status in the United States Armed Forces for any time before the applicant reached twenty-five (25) years of age. The number of months served on active-duty status in the United States Armed Forces shall be rounded up to the next higher year to determine the maximum extension of age eligibility allowed.
Meet at least one of the following criteria as certified by the Mississippi Department of Child Protection Services or the qualified residential childcare facility:

a. Was placed in the legal custody of the Mississippi Department of Child Protection Services by a youth court or through other legal means and who was in the legal custody of the department at any time on or after attaining thirteen (13) years of age.

b. Was placed in a qualified residential childcare facility by a parent, legal guardian, court of competent jurisdiction, or other person or entity acting in the best interest of the individual and who did reside in a qualified residential childcare facility at any time on or after attaining thirteen (13) years of age. A qualified residential childcare facility is an entity that provides a home for children and was licensed by the Mississippi Department of Child Protection Services at the time the applicant was housed by the agency.

c. Was adopted from the Mississippi Department of Child Protection Services’ legal custody or adopted while residing at a qualified residential childcare facility at any time on or after attaining thirteen (13) years of age.

Enroll at least part-time (minimum 6 hours unless excepted by the institution) at one (1) eligible Mississippi postsecondary institution and pursue an undergraduate credential or degree. Evidence of enrollment will be automatically provided to the Board by the attending institution.
If a continuing college student, the recipient must not be on financial aid suspension for failure to meet the attending institution’s satisfactory academic progress (SAP) requirements.

B. Renewal Applicants Must:

Complete a renewal application online at www.msfinancialaid.org on or before September 15 during the fall of the aid year for which the student is seeking assistance.
Complete the Free Application for Federal Student Aid (FAFSA) annually, including the verification process if the student is selected for verification, and continue to accept all available federal grant aid.
Apply through the Mississippi Department of Child Protection Services annually for an Educational and Training Voucher if eligible to apply.
Be younger than thirty (30) years of age by October 1 of the aid year for which the applicant makes application for the FAITH Scholarship, unless the applicant was on active-duty status in the United States Armed Forces for any time before the applicant reached twenty-five (25) years of age. The number of months served on active-duty status in the United States Armed Forces shall be rounded up to the next higher year to determine the maximum extension of age eligibility allowed.
Make satisfactory academic progress toward the completion of a certificate or degree with a minimum cumulative GPA of 2.0 on a 4.0 scale, as certified by the registrar, based on the attending institution’s calculation at the end of each semester, trimester, or term for which the applicant is enrolled.
Enroll at least part-time (minimum of 6 hours unless excepted by the institution) at one (1) eligible postsecondary institution in the State of Mississippi as an undergraduate student in pursuit of a certificate or degree. Evidence of enrollment will be automatically provided to the Board by the attending institution.

III. LENGTH AND AMOUNT OF AWARD

A. For students attending a Mississippi public institution, the annual award amount of the FAITH Scholarship will be equal to the student’s total Cost of Attendance (COA) less all other grant aid. FAITH awards will not be increased to cover unusual or unnecessary costs of attendance, such as those associated with study abroad or other programs outside the scope of a student’s usual course of study. For students attending a Mississippi non-public four-year institution, the annual award amount of the FAITH Scholarship will be equal to the average of the prior year’s published undergraduate COA of all public institutions less all other grant aid.

B. The FAITH Scholarship can be combined with any other state, federal, institutional, or private grant aid. No other grant aid should be reduced or supplanted by the FAITH scholarship. However, in no case shall the FAITH scholarship be combined with other grant aid to exceed the student’s allowable COA. If an overaward occurs, the FAITH Scholarship will be reduced.

C. The FAITH scholarship will also include any costs associated with room and board during institutional holidays at the student’s institution if such accommodations are available.

D. A maximum cumulative award amount is not established; however, a recipient may receive the FAITH scholarship for a maximum of five (5) calendar years, unless the applicant experiences a break in enrollment to serve on active-duty status in the United States Armed Forces. The number of months served on active-duty status in the United States Armed Forces shall be rounded up to the next higher year to determine the maximum length of eligibility extension allowed.

E. FAITH Scholarships will be paid for no more than seventy-two (72) credit hours at a community college or one hundred forty-four (144) credit hours at a four-year college.

F. All awards are dependent upon the availability of funds. Selection of recipients shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the FAITH Scholarship program.

G. Payment of FAITH awards shall be disbursed directly to the educational institutions.

H. If a recipient transfers from one eligible Mississippi institution to another, the award will be transferable, provided the student meets all continuing eligibility requirements.

IV. LOSS OF ELIGIBILITY

A. Failure to maintain a minimum 2.0 GPA on a 4.0 scale will result in cancellation of the recipient's eligibility for the FAITH Scholarship until academic eligibility can be reestablished. Exception for cause will not be considered.

B. Placement on financial aid suspension due to failure to meet the attending institution’s SAP requirements will result in cancellation of the recipient's eligibility for the FAITH Scholarship. Students should follow the attending institution’s SAP appeal process to re-establish eligibility.

History

Source: Miss. Code Ann. § 37-106-75.

Part 631 Part 631: Critical Needs Alternate Route Teacher Forgivable Loan Program (CNAR) Rules and Regulations

Chapter 1 Critical Needs Alternate Route Teacher Forgivable Loan Program (CNAR) Rules and Regulations

10 Miss. Admin. Code Pt. 631, R. 1.1 Critical Needs Alternate Route Teacher Forgivable Loan Program (CNAR) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Critical Needs Alternate Route Teacher Forgivable Loan program (CNAR).

I. GENERAL ELIGIBILITY

A. The applicant must be fully admitted as a regular student and enrolled full-time (minimum 12 semester hours or 9 trimester hours) or part-time (minimum of 6 semester/trimester hours) at the undergraduate level as a Junior or Senior seeking a first bachelor’s degree in a program of study leading to an Alternate Route License at one (1) accredited four year institution of higher learning in the State of Mississippi approved by the State Board of Education. Classification will be determined by the attending institution.

B. The recipient must have a cumulative 3.0 college grade point average (GPA) on a 4.0 scale to establish eligibility, earn a 3.0 GPA each period of enrollment (i.e. semester or trimester) for continued eligibility, and maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

D. The applicant must have expressed in writing a present intention to teach in the State of Mississippi in a public school district or public charter school in a geographical area of the State or subject area of the public school curriculum in which there exists a critical shortage of teachers, as designated by the State Board of Education, and must diligently pursue the course of study and requirements for the teaching license.

E. The applicant must not presently or previously have defaulted on an educational loan.

F. CNAR recipients are not eligible for any other state aid but may apply for federal and institutional aid.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Earn passing scores on all three of the Praxis I® Pre-Professional Skills Tests (PPST) (reading, writing, and mathematics) or all three Praxis Core Academic Skills for Educators (Core) Tests (reading, writing, and mathematics) and submit all three test scores to the Board. Scores must be received by the document deadline date of June 30. Passing scores are indicated on the score report provided to the student by the testing service. Passing scores are also published online at www.mississippi.edu/financialaid.
Participate in Entrance Counseling, signify understanding of the CNAR Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Have a cumulative college GPA of 3.0 on a 4.0 scale, be enrolled at least part-time in a program of study leading to an Alternate Route license, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain a 3.0 college GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester), maintain the enrollment status as awarded (full- time or part-time) for each period of enrollment, and remain in a program of study leading to an Alternate Route license, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of continuing academic eligibility will be automatically provided

to the Board by the attending institution, unless specifically requested from the applicant.

Participate in Entrance Counseling and complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The amount of the annual award for full-time students at a public college or university shall equal the total cost for tuition, room and meals, books, materials and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition, room and meals, books, materials and fees assessed by a public institution of higher learning during that school year. The amount of the annual award for full-time students at a private college or university shall equal the amount of the annual award of the nearest comparable public institution of higher learning, as determined by the Board. The annual award will be pro-rated for part-time students. Note: The amount of the forgivable loan remains the same regardless of whether the recipient lives on or off campus.

B. Students enrolling on a full-time basis may receive a lifetime maximum of two (2) annual awards, four (4) semesters, or six (6) trimesters. Students enrolling on a part-time basis may receive pro-rated awards over three (3) academic years, six (6) semesters, or nine (9) trimesters, but in no case may the lifetime maximum award for a part-time student exceed the lifetime maximum award of a full-time student.

C. Funds are provided for undergraduate course work for a first bachelor’s degree only, not for course work required after degree completion.

D. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

E. Awards are not provided for out-of-state tuition costs or for summer school.

F. Once a student has received CNAR funds, he/she may not receive funds from the other undergraduate teacher programs, William Winter Teacher Forgivable Loan (WWTS), William Winter Alternate Route Teacher Forgivable Loan (WWAR), and Mississippi Teacher Loan Repayment (MTLR). A recipient of CNAR, who has not exhausted his/her eligibility in the program and who meets all eligibility requirements for the Teacher Education Scholars Forgivable Loan (TES) program, may switch participation to TES. Such recipients will be required to repay both forgivable loans according to the terms of both contracts, but may fulfill the service requirement for both programs concurrently.

G. A CNAR recipient is not eligible to receive other state funds while receiving CNAR.

IV. RECIPIENT RESPONSIBILITIES

A. A CNAR recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. A CNAR recipient must maintain a 3.0 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). A CNAR recipient who fails to maintain the minimum GPA will be suspended from participation in the program for the following period of enrollment. An official transcript or grade verification sent directly to the Board by the attending institution evidencing a 3.0 GPA on a 4.0 scale for the non-eligible period of enrollment will entitle a CNAR recipient for renewal priority.

C. A CNAR recipient must remain in school at least part-time, complete an approved program of study and obtain the appropriate educator’s license. A CNAR recipient who withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate educator’s license, shall immediately become liable to the Board for the sum of all outstanding CNAR awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the CNAR recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the CNAR recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the CNAR recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A CNAR recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A CNAR forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through teaching service or by loan repayment.

B. Cancellation through Teaching Service

A CNAR forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching service:

a) Obtain the appropriate educator’s license, as determined by the State Board of Education.

b) Teach full-time, as defined by the State Board of Education. Qualifying positions include teacher and school librarian; invalid positions include, but are not limited to, the following: assistant teacher, full-time substitute, high school counselor, curriculum specialist or administrator.

c) Teach in grades kindergarten through twelve (K-12) in a Mississippi public school or public charter school located in a geographical shortage area approved by the State Board of Education OR teach in a K-12 public school or public charter school a critical shortage subject approved by the State Board of Education for 75% of the work day. NOTE: Designation as a Title I school does not necessarily mean that the school qualifies for teaching service cancellation. It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure employment in an area designated by the State Board of Education as having a critical teacher shortage. Neither the Board nor the State Board of Education assumes the obligation to perform that function. Prospective teachers may contact the Mississippi Teacher Center for placement assistance at www.mde.k12.ms.us/mtc. Geographical and subject critical shortage areas are determined by the State Board of Education. A list of critical shortage areas is published online at www.mississippi.edu/financialaid.

A CNAR forgivable loan debt shall be cancelled on the basis of one year’s teaching service for one annual forgivable loan award received. For all CNAR recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the CNAR forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the CNAR forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a CNAR forgivable loan recipient shall become liable to the Board for the sum of all CNAR forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through teaching service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate educator’s license; or

d) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all CNAR forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a CNAR forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 120 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 120 or less equal consecutive monthly installments, all

principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the CNAR forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate educator’s license and secure appropriate teaching employment as defined in Section V.B.1.
A CNAR forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A CNAR forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a baccalaureate level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment will not be granted for enrollment in a graduate program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

A CNAR forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the Critical Needs Alternate Route Teacher Forgivable Loan program.

b) OBLIGATED or VOLUNTARY military service is that service which is performed by the individual in repayment of a debt owed the United States government as a result of military scholarships, ROTC scholarships, etc. received by the individual. Service is VOLUNTARY if the individual is not obligated to incur a period of military service, but chooses to incur the service obligation.

A CNAR forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the CNAR award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

CNAR forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the CNAR forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the CNAR forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the CNAR forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-55.

Part 633 Part 633: Critical Needs Teacher Forgivable Loan Program (CNTP) Rules and Regulations

Chapter 1 Critical Needs Teacher Forgivable Loan Program (CNTP) Rules and Regulations

10 Miss. Admin. Code Pt. 633, R. 1.1 Critical Needs Teacher Forgivable Loan Program (CNTP) Rules and Regulations

I. GENERAL ELIGIBILITY

A. The applicant must be fully admitted as a regular student and enrolled full-time (minimum 12 semester hours or 9 trimester hours) or part-time (minimum of 6 semester/trimester hours) at the undergraduate level as a Junior or Senior seeking a bachelor’s degree in a program of study leading to a Class “A” standard teacher educator license at one (1) accredited four year institution of higher learning in the State of Mississippi approved by the State Board of Education. Classification will be determined by the attending institution.

C. The applicant must have earned passing scores on all three of the Praxis I® Pre- Professional Skills Tests (PPST) (reading, writing, and mathematics) or all three Praxis Core Academic Skills for Educators (Core) Tests (reading, writing, and mathematics), or must supply proof of exemption for Praxis testing by providing an ACT composite score of 21 or higher from a national test with sub-scores of 18 or higher from that same test. A combined score of 990 on the Critical Reading and Math sections of the SAT will be accepted in lieu of the ACT. ACT or SAT scores must come from a test taken prior to enrollment into higher education.

E. The applicant must not presently or previously have defaulted on an educational loan.

F. CNTP recipients are not eligible for any other state aid but may apply for federal and institutional aid.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Earn passing scores on all three of the Praxis I® Pre-Professional Skills Tests (PPST) (reading, writing, and mathematics) or all three Praxis Core Academic Skills for Educators (Core) Tests (reading, writing, and mathematics) and submit all three test scores to the Board. Scores must be received by the document deadline date of June 30. Passing scores are indicated on the score report provided to the student by the testing service. Passing scores are also published online at www.mississippi.edu/financialaid. Applicants may supply proof of exemption for Praxis testing by providing an ACT composite score of 21 or higher from a national test with sub-scores of 18 or higher from that same test. A combined score of 990 on the Critical Reading and Math sections of the SAT will be accepted in lieu of the ACT. ACT or SAT scores must come from a test taken prior to enrollment into higher education.
Have a cumulative college GPA of 3.0 on a 4.0 scale, be enrolled at least part-time in a program of study leading to a Class “A” standard teacher educator license, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Participate in Entrance Counseling, signify understanding of the CNTP Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain a 3.0 college GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester), maintain the enrollment status as awarded (full- time or part-time) for each period of enrollment, and remain in a program of study leading to a Class “A” standard teacher educator license, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of continuing academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Participate in Entrance Counseling and complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

D. Awards are not provided for out-of-state tuition costs or for summer school.

E. Once a student has received CNTP funds, he/she may not receive funds from the other undergraduate teacher programs, William Winter Teacher Forgivable Loan (WWTS), William Winter Alternate Route Teacher Forgivable Loan (WWAR),

and Mississippi Teacher Loan Repayment (MTLR). A recipient of CNTP, who has not exhausted his/her eligibility in the program and who meets all eligibility requirements for the Teacher Education Scholars Forgivable Loan (TES) program, may switch participation to TES. Such recipients will be required to repay both forgivable loans according to the terms of both contracts, but may fulfill the service requirement for both programs concurrently.

F. A CNTP recipient is not eligible to receive other state funds while receiving CNTP.

IV. RECIPIENT RESPONSIBILITIES

A. A CNTP recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. A CNTP recipient must maintain a 3.0 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). A CNTP recipient who fails to maintain the minimum GPA will be suspended from participation in the program for the following period of enrollment. An official transcript or grade verification sent directly to the Board by the attending institution evidencing a 3.0 GPA on a 4.0 scale for the non-eligible period of enrollment will entitle a CNTP recipient for renewal priority.

C. A CNTP recipient must remain in school at least part-time, complete an approved program of study and obtain the appropriate educator’s license. A CNTP recipient who withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate educator’s license, shall immediately become liable to the Board for the sum of all outstanding CNTP awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the CNTP recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the CNTP recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the CNTP recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A CNTP recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A CNTP forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through teaching service or by loan repayment.

B. Cancellation through Teaching Service

A CNTP forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching service:

a) Obtain the appropriate educator’s license, as determined by the State Board of Education.

A CNTP forgivable loan debt shall be cancelled on the basis of one year’s teaching service for one annual forgivable loan award received. For all CNTP recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the CNTP forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the CNTP forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a CNTP forgivable loan recipient shall become liable to the Board for the sum of all CNTP forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through teaching service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate educator’s license; or

d) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all CNTP forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a CNTP forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 120 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 120 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the CNTP forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate educator’s license and secure appropriate teaching employment as defined in Section V.B.1.
A CNTP forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A CNTP forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a baccalaureate

level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.

The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment will not be granted for enrollment in a graduate program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

A CNTP forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

b) OBLIGATED or VOLUNTARY military service is that service which is performed by the individual in repayment of a debt owed the United States government as a result of military scholarships,

ROTC scholarships, etc. received by the individual. Service is VOLUNTARY if the individual is not obligated to incur a period of military service, but chooses to incur the service obligation.

A CNTP forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the CNTP award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

CNTP forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the CNTP forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State

and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the CNTP forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the CNTP forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-55.

Part 635 Part 635: Teacher Education Scholars Forgivable Loan Program (TES) Rules and Regulations

Chapter 1 Teacher Education Scholars Forgivable Loan Program (TES) Rules and Regulations

10 Miss. Admin. Code Pt. 635, R. 1.1 Teacher Education Scholars Forgivable Loan Program (TES) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Teacher Education Scholars Forgivable Loan Program (TES).

I. GENERAL ELIGIBILITY

A. The applicant must be fully admitted as a regular student and enrolled full-time (minimum 15 semester hours or 9 trimester hours) at the undergraduate level at one (1) Board-approved accredited four-year institution of higher learning in the State of Mississippi.

B. The applicant must be pursuing or plan to pursue a first bachelor’s degree in a program of study leading to a Class “A” standard teacher educator license.

C. The first-time-in-college applicant must have a 3.5 high school grade point average (GPA) on a 4.0 scale to establish eligibility and maintain a cumulative 3.0 GPA each semester, trimester, or term of the regular academic year for continued eligibility. The continuing college applicant must have a 3.5 college grade point average (GPA) on a 4.0 scale to establish eligibility and maintain a cumulative 3.0 GPA each semester, trimester, or term of the regular academic year for continued eligibility. All award recipients must maintain continuous full-time enrollment and make satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

D. The applicant must have earned an ACT composite score of 28 or higher from a national test or tests taken prior to enrollment into the education program. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question from a national test taken prior to enrollment into the education program.

E. The applicant must have expressed in writing a present intention to teach in the State of Mississippi in a K-12 public school district or public charter school, and must diligently pursue the course of study and requirements for the teaching license.

F. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31. The deadline date will be suspended for applications for awards during the program’s inaugural year, the 2013- 2014 academic year.
Supply proof of an ACT composite score of 28 or higher from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question. ACT or SAT scores must come from a test taken prior to enrollment into the education program. ACT or SAT scores must be received by the document deadline of April 30. The document deadline date will be suspended for applications for awards during the program’s inaugural year, the 2013-2014 academic year.
Signify understanding of the TES Rules and Regulations; enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws; and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
The first-time-in-college applicant must have a 3.5 high school grade point average (GPA) on a 4.0 scale. Evidence of academic eligibility will be automatically provided to the Board by the high school counselor, unless specifically requested from the applicant. The continuing college applicant must have a 3.5 college grade point average (GPA) on a 4.0 scale. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
All applicants must be enrolled full-time in a program of study leading to a Class “A” standard teacher educator license and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of enrollment will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain a 3.0 cumulative GPA on a 4.0 scale each semester, trimester, or term of the regular academic year, maintain continuous full-time enrollment status for each period of enrollment, and remain in a program of study leading to a Class “A” standard teacher educator license, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of continuing academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form each year for which funds are requested.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount shall be $15,000, but no award shall exceed the student’s total cost of attendance.

B. Students who first receive awards as entering freshmen may receive a lifetime maximum of four (4) annual awards, eight (8) semesters, or twelve (12) trimesters; students who first receive awards as sophomores may receive a lifetime maximum of three (3) annual awards, six (6) semesters, or nine (9) trimesters; students who first receive awards as juniors may receive a lifetime maximum of two (2) annual awards, four (4) semesters, or six (6) trimesters; and students who first receive awards as seniors may receive a lifetime maximum of one (1) annual award, two (2) semesters, or three (3) trimesters. Classification will be determined by the attending institution.

C. Awards shall be disbursed directly to the school of attendance.

D. Awards are not provided for summer school.

E. Once a student has received TES funds, he/she may not receive funds from the other undergraduate teacher programs, Critical Needs Teacher Forgivable Loan (CNTP), Critical Needs Alternative Route Teacher Forgivable Loan (CNAR), William Winter Teacher Forgivable Loan (WWTS), William Winter Alternate Route Teacher Forgivable Loan (WWAR), and Mississippi Teacher Loan Repayment (MTLR) programs.

F. Recipients of CNAR, CNTP, WWTS, or WWAR, who have not exhausted eligibility in the other state education forgivable loan program in which they previously participated and who meet all TES eligibility requirements, may switch their participation to TES. Such recipients will be required to repay both forgivable loans according to the terms of their contracts, but may fulfill the service requirement for both programs concurrently. G. A TES recipient is not eligible to receive funds through other state financial aid programs.

IV. RECIPIENT RESPONSIBILITIES

A. A TES recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. A TES recipient must maintain a 3.0 GPA on a 4.0 scale each academic year, maintain continuous full-time enrollment and make satisfactory academic progress in accordance with the attending institution’s policy. A TES recipient who fails to maintain continuous full-time enrollment or make satisfactory academic progress will be suspended from participation in the program for the following period of enrollment. An official transcript, grade, and/or enrollment verification sent directly to the Board by the attending institution evidencing a 3.0 GPA on a 4.0 scale, full-time enrollment, and maintenance of Satisfactory Academic Progress will entitle a TES recipient for renewal priority.

C. A TES recipient must remain in school full-time, complete an approved program of study and obtain the appropriate educator’s license. A TES recipient who withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate educator’s license, shall immediately become liable to the Board for the sum of all outstanding TES awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the TES recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the TES recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the TES recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A TES recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A TES forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through teaching service or by loan repayment.

B. Cancellation through Teaching Service

A TES forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching service:

a) Obtain the appropriate educator’s license, as determined by the State Board of Education.

c) Teach in grades kindergarten through twelve (K-12) in a Mississippi public school or public charter school. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure employment. Prospective teachers may contact the Mississippi Teacher Center for placement assistance at www.mde.k12.ms.us/mtc.

A TES forgivable loan debt shall be cancelled in full on the basis of five consecutive years’ teaching service. For all TES recipients, such service shall never be less than five (5) consecutive years regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the TES forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
The TES forgivable loan recipient must request in writing a service deferment each year for five consecutive years and the request must be approved. At the end of the five-year service deferment period, the TES forgivable loan recipient must request in writing a cancellation of the entire amount loaned under the forgivable loan.

C. Loan Repayment

Unless granted a grace period or other deferment, a TES forgivable loan recipient shall become liable to the Board for the sum of all TES forgivable loan awards made to that person, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate educator’s license; or

d) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all TES forgivable loan awards made to the recipient.
The rate of interest charged a TES forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 120 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 120 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a

percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the TES forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate educator’s license and secure appropriate teaching employment as defined in Section V.B.1.
A TES forgivable loan recipient who terminates full-time enrollment in the approved program of study without completing the program will be granted a 12-month grace period and will enter repayment immediately upon termination of the grace period. Such a recipient may also be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A TES forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a baccalaureate level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment will not be granted for enrollment in a graduate program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

A TES forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request

deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.

The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the Teacher Education Scholars Forgivable Loan program.

A TES forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military

deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the TES award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician

stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.

If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

TES forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the TES forgivable loan by each recipient shall serve to appoint the Secretary of State of the State of Mississippi as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the TES forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the TES forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-77.

Part 637 Part 637: William Winter Alternate Route Teacher Forgivable Loan Program (WWAR) Rules and Regulations

Chapter 1 William Winter Alternate Route Teacher Forgivable Loan Program (WWAR) Rules and Regulations

10 Miss. Admin. Code Pt. 637, R. 1.1 William Winter Alternate Route Teacher Forgivable Loan Program (WWAR) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the William Winter Alternate Route Teacher Forgivable Loan program (WWAR).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving WWAR shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted as a regular student and enrolled full-time (minimum 15 semester hours or 9 trimester hours) at the undergraduate level as a Junior or Senior seeking a first bachelor’s degree in a program of study leading to an Alternate Route teacher educator license at one (1) Board-approved accredited four-year institution of higher learning in the State of Mississippi. Classification will be determined by the attending institution.

C. The recipient must have a cumulative 3.0 college grade point average (GPA) on a 4.0 scale to establish eligibility, maintain a cumulative 3.0 GPA each period of enrollment (i.e. semester or trimester) for continued eligibility, and maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

D. The applicant must have expressed in writing a present intention to teach in the State of Mississippi in a K-12 public school district or public charter school, and must diligently pursue the course of study and requirements for the teaching license.

E. The applicant must have earned passing scores on all three of the Praxis Core Academic Skills for Educators (Core) Tests (reading, writing, and mathematics).

F. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Earn passing scores on all three of the Praxis Core Academic Skills for Educators (Core) Tests (reading, writing, and mathematics) and submit all three test scores to the Board as soon as possible. Scores must be received by June 30. Passing scores are indicated on the score report provided to the student by the testing service. Passing scores are also published online at www.mississippi.edu/financialaid.
Signify understanding of the WWAR Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Have a cumulative college GPA of 3.0 on a 4.0 scale, be enrolled full-time in a program of study leading to an Alternate Route teacher educator license, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain a cumulative 3.0 college GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester), maintain full-time enrollment status for each period of enrollment, and remain in a program of study leading to an Alternate Route teacher educator license, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of

continuing academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount shall be $4,000.

B. Students may receive a lifetime maximum of two (2) annual awards, four (4) semesters, or six (6) trimesters.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

D. Awards are not provided for summer school.

E. Once a student has received WWAR funds, he/she may not receive funds from the other undergraduate teacher programs, Critical Needs Teacher Forgivable Loan (CNTP), Critical Needs Alternate Route Teacher Forgivable Loan (CNAR), or Mississippi Teacher Loan Repayment (MTLR). A recipient of WWAR, who has not exhausted his/her eligibility in the program and who meets all eligibility requirements for the Teacher Education Scholars Forgivable Loan (TES) program, may switch participation to TES. Such recipients will be required to repay both forgivable loans according to the terms of both contracts, but may fulfill the service requirement for both programs concurrently.

IV. RECIPIENT RESPONSIBILITIES

A. A WWAR recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. A WWAR recipient must maintain a 3.0 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). A WWAR recipient who fails to maintain the minimum GPA will be suspended from participation in the program for the following period of enrollment. An official transcript or grade verification sent directly to the Board by the attending institution evidencing a 3.0 GPA on a 4.0 scale for the non-eligible period of enrollment will entitle a WWAR recipient for renewal priority.

C. A WWAR recipient must remain in school full-time, complete an approved program of study and obtain the appropriate educator’s license. A WWAR recipient who withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate educator’s license, shall immediately become liable to the Board for the sum of all outstanding WWAR awards, plus a

penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the WWAR recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the WWAR recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the WWAR recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A WWAR recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A WWAR forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through teaching service or by loan repayment.

B. Cancellation through Teaching Service

A WWAR forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching service:

a) Obtain the appropriate educator’s license, as determined by the State Board of Education.

A WWAR forgivable loan debt shall be cancelled on the basis of one year’s teaching service for one year of forgivable loan received. For all

WWAR recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.

At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the WWAR forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the WWAR forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a WWAR forgivable loan recipient shall become liable to the Board for the sum of all WWAR forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through teaching service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate educator’s license; or

d) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all WWAR forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a WWAR forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford

Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.

Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 36 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 36 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the WWAR forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate educator’s license and secure appropriate teaching employment as defined in Section V.B.1.
A WWAR forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A WWAR forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a baccalaureate level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment will not be granted for enrollment in a graduate program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

A WWAR forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the William Winter Alternate Route Forgivable Loan program.

A WWAR forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the WWAR award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

WWAR forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the WWAR forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or

proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the WWAR forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the WWAR forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-57.

Part 639 Part 639: William Winter Teacher Forgivable Loan Program (WWTS) Rules and Regulations

Chapter 1 William Winter Teacher Forgivable Loan Program (WWTS) Rules and Regulations

10 Miss. Admin. Code Pt. 639, R. 1.1 William Winter Teacher Forgivable Loan Program (WWTS) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the William Winter Teacher Forgivable Loan program (WWTS).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving WWTS shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted as a regular student and enrolled full-time (minimum 15 semester hours or 9 trimester hours) at the undergraduate level as a Junior or Senior seeking a bachelor’s degree in a program of study leading to a Class “A” standard teacher educator license at one (1) Board-approved accredited four-year institution of higher learning in the State of Mississippi. Classification will be determined by the attending institution.

D. The applicant must have earned passing scores on all three of the Praxis Core Academic Skills for Educators (Core) Tests (reading, writing, and mathematics), or must supply proof of exemption for Praxis testing by providing an ACT composite score of 21 or higher from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question. ACT or SAT scores must come from a test taken prior to enrollment into higher education.

F. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Earn passing scores on all three of the Praxis Core Academic Skills for Educators (Core) Tests (reading, writing, and mathematics) and submit all three test scores to the Board as soon as possible. Scores must be received by June 30. Passing scores are indicated on the score report provided to the student by the testing service. Passing scores are also published online at www.mississippi.edu/financialaid. Applicants may supply proof of exemption for Praxis testing by providing an ACT composite score of 21 or higher from a national test or tests. In lieu of ACT scores, students may submit equivalent SAT scores according to the official ACT/SAT concordance tables in publication at the time of the test in question. ACT or SAT scores must come from a test taken prior to enrollment into higher education. If submitted in lieu of Praxis scores, ACT or SAT scores must be received by the document deadline of April 30.
Signify understanding of the WWTS Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Have a cumulative college GPA of 3.0 on a 4.0 scale, be enrolled full-time in a program of study leading to a Class “A” standard teacher educator license, and be making satisfactory academic progress in accordance with

the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain a cumulative 3.0 college GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester), maintain full-time enrollment status for each period of enrollment, and remain in a program of study leading to a Class “A” standard teacher educator license, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of continuing academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount shall be $4,000.

B. Students may receive a lifetime maximum of two (2) annual awards, four (4) semesters, or six (6) trimesters.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

D. Awards are not provided for summer school.

E. Once a student has received WWTS funds, he/she may not receive funds from the other undergraduate teacher programs, Critical Needs Teacher Forgivable Loan (CNTP), Critical Needs Alternative Route Teacher Forgivable Loan (CNAR), and Mississippi Teacher Loan Repayment (MTLR). A recipient of WWTS, who has not exhausted his/her eligibility in the program and who meets all eligibility requirements for the Teacher Education Scholars Forgivable Loan (TES) program, may switch participation to TES. Such recipients will be required to repay both forgivable loans according to the terms of both contracts, but may fulfill the service requirement for both programs concurrently.

IV. RECIPIENT RESPONSIBILITIES

A. A WWTS recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. A WWTS recipient must maintain a 3.0 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). A WWTS recipient who fails to maintain the minimum GPA will be suspended from participation in the program for the following period of enrollment. An official transcript or grade verification sent directly to the Board by the attending institution evidencing a 3.0 GPA on a 4.0 scale for the non-eligible period of enrollment will entitle a WWTS recipient for renewal priority.

C. A WWTS recipient must remain in school full-time, complete an approved program of study and obtain the appropriate educator’s license. A WWTS recipient who withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate educator’s license, shall immediately become liable to the Board for the sum of all outstanding WWTS awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the WWTS recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the WWTS recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the WWTS recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A WWTS recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A WWTS forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through teaching service or by loan repayment.

B. Cancellation through Teaching Service

A WWTS forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching service:

a) Obtain the appropriate educator’s license, as determined by the State Board of Education.

A WWTS forgivable loan debt shall be cancelled on the basis of one year’s teaching service for one year of forgivable loan received. For all WWTS recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the WWTS forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the WWTS forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a WWTS forgivable loan recipient shall become liable to the Board for the sum of all WWTS forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through teaching service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate educator’s license; or

d) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all WWTS forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a WWTS forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 36 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 36 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the WWTS forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate educator’s license and secure appropriate teaching employment as defined in Section V.B.1.
A WWTS forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A WWTS forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a baccalaureate level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment will not be granted for enrollment in a graduate program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

A WWTS forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

A WWTS forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the WWTS award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and

other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

WWTS forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the WWTS forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the WWTS Forgivable Loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the WWTS forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-57.

Part 651 Part 651: Health Care Professions Forgivable Loan Program (HCP) Rules and Regulations

Chapter 1 Health Care Professions Forgivable Loan Program (HCP) Rules and Regulations

10 Miss. Admin. Code Pt. 651, R. 1.1 Health Care Professions Forgivable Loan Program (HCP) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Health Care Professions Forgivable Loan program (HCP).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving HCP shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted as a regular student and enrolled full-time (minimum 15 semester hours or 9 trimester hours) as a junior or senior in an accredited program of study in speech pathology and psychology in an approved institution in Mississippi, or must be enrolled full-time, as determined by the attending institution, as a graduate student in physical therapy or occupational therapy at the University of Mississippi Medical Center.

C. The undergraduate recipient must have and maintain a cumulative 2.5 college grade point average (GPA) on a 4.0 scale each period of enrollment (i.e. semester or trimester) and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy. The graduate recipient must have and maintain a cumulative 3.0 college grade point average (GPA) on a 4.0 scale each period of enrollment (i.e. semester or trimester) and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

D. The applicant must have expressed in writing a present intention to serve in the appropriate health care profession in a state health institution within the state of Mississippi. The applicant must also diligently pursue the course of study and requirements to serve in the appropriate health care profession in Mississippi.

E. The recipient must remain in good standing with the attending institution and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

F. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit an official academic transcript or electronic grade verification from the school/college/university last attended by the document deadline of April 30. The transcript or grade verification must report grades from all postsecondary institutions attended.
Submit to the Board an official letter of acceptance from institution of intended enrollment, showing date admitted and entering classification or enrollment verification from the attending institution, showing major and classification by June 30.
Signify understanding of the HCP Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Maintain good standing in the attending institution at all times, be enrolled full-time in the appropriate program of study, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain good standing in the attending institution at all times, be enrolled full-time in the appropriate program of study, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount for undergraduate students shall be $1,500 and for graduate students shall be $3,000.

B. All undergraduate students and graduate students in physical therapy programs may receive a lifetime maximum of two (2) annual awards, four (4) semesters, or six (6) trimesters. Graduate students in occupational therapy programs may receive a lifetime maximum of one (1) annual award, two (2) semesters, or three (3) trimesters.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

D. Awards are not provided for summer school.

IV. RECIPIENT RESPONSIBILITIES

A. An HCP recipient must maintain good standing at the attending institution at all times.

B. An HCP recipient who fails, temporarily withdraws, or is required to repeat any year, will be suspended from participation in the program and his/her awards will be stopped until such time as the proper official at the attending institution informs the Board that he/she is ready to advance.

C. An HCP recipient must remain in school full-time and complete the approved program of study. An HCP recipient who withdraws from school or fails to complete the approved program of study shall immediately become liable to the Board for the sum of all outstanding HCP awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the HCP recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the HCP recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the HCP recipient must

at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. An HCP recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. An HCP forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

An HCP forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Serve in the appropriate health care profession full-time. “Full- time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed.

b) Serve in the appropriate health care profession in a state health institution within the state of Mississippi. "State health institution" shall mean any of the following: Mississippi State Hospital, Ellisville State School, East Mississippi State Hospital, Mississippi Children's Rehabilitation Center, North Mississippi Retardation Center, Hudspeth Retardation Center, South Mississippi Retardation Center, University of Mississippi Hospital, the Boswell Retardation Center, the State Board of Health, and health care facilities under the Department of Corrections. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure appropriate employment. The Board assumes no obligation to perform that function.

An HCP forgivable loan debt shall be cancelled on the basis of one year’s service for one year of forgivable loan received. For all HCP recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the HCP forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service

option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.

At the end of each service deferment period, the HCP forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, an HCP forgivable loan recipient shall become liable to the Board for the sum of all HCP forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study; or

c) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all HCP forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged an HCP forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in thirty-six (36) or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in thirty-six (36) or less equal consecutive monthly

installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the HCP forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate license and/or secure appropriate employment as defined in Section V.B.1.
An HCP forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

An undergraduate HCP forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a baccalaureate degree program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school. A graduate HCP forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a master’s degree program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

An HCP forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

An HCP forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the HCP award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of

a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.

After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

HCP forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the HCP forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the HCP forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if

served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the HCP forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-67.

Part 653 Part 653: Nursing Education Forgivable Loan Program BSN (NELB), RN to BSN (NELR), MSN (NELM), RN to MSN (NERM, Ph.D./DNP (NELP) Rules and Regulations

Chapter 1 Nursing Education Forgivable Loan Program BSN (NELB), RN to BSN (NELR), MSN (NELM), RN to MSN (NERM), Ph.D./DNP (NELP) Rules and Regulations

10 Miss. Admin. Code Pt. 653, R. 1.1 Rule 1.1

Nursing Education Forgivable Loan Program BSN (NELB), RN to BSN (NELR), MSN (NELM), RN to MSN (NERM), Ph.D./DNP (NELP) Rules and Regulations. These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Nursing Education Forgivable Loan program - BSN (NELB), RN to BSN (NELR), MSN (NELM), RN to MSN (NERM), and Ph.D./DNP (NELP).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving NELB, NELR, NELM, NERM, and NELP shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The undergraduate applicant must be fully admitted as a regular student and enrolled either part-time or full-time at the undergraduate level as a Junior or Senior seeking a bachelor’s degree in an approved nursing program at one (1) accredited four year institution of higher learning in the State of Mississippi. The graduate applicant must be fully admitted as a regular student and enrolled either part-time or full-time at the graduate level in an approved nursing program at one (1) accredited four-year institution of higher learning in the State of Mississippi. Enrollment and classification status will be determined by the attending institution.

C. The applicant must have expressed in writing a present intention to provide nursing service in the State of Mississippi and must diligently pursue the course of study and requirements for the appropriate nursing license.

D. The undergraduate recipient must have a cumulative 2.5 college grade point average (GPA) on a 4.0 scale to establish eligibility, maintain a cumulative 2.5 GPA each period of enrollment (i.e. semester or trimester) for continued eligibility and maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy. The graduate recipient must have a cumulative 3.0 college grade point average (GPA) on a 4.0

scale to establish eligibility, maintain a cumulative 3.0 GPA each period of enrollment (i.e. semester or trimester) for continued eligibility and maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

E. The applicant must not presently or previously have defaulted on an educational loan.

F. NELR, NELM, NERM, and NELP applicants must possess a current Mississippi registered nursing license.

G. The NELM applicant must have earned a BSN degree and the NELP applicant must have earned an MSN degree prior to participation in the program.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of June 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.msfinancialaid.org.
Submit a copy of the applicant’s letter of acceptance into the undergraduate or graduate program of study. The letter of acceptance should indicate that the applicant has been fully admitted or admitted as a regular student and should include the admittance date and entering classification. Provisional or conditional admission is not accepted. The letter of acceptance should be submitted as soon as possible but must be received by the document deadline of June 30.
NELM, and NELP applicants must submit a copy of their valid Mississippi nursing license by the document deadline of April 30. NELR and NERM applicants must submit a copy of their valid Mississippi nursing license by the document deadline of June 30.
Signify understanding of the NELB, NELR, NELM, NERM, or NELP Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will

be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.

If an undergraduate student, have a cumulative college GPA of 2.5 on a 4.0 scale, be enrolled part-time or full-time in an approved program of study, and be making satisfactory academic progress in accordance with the attending institution’s policy; if a graduate student, have a cumulative college GPA of 3.0 on a 4.0 scale, be enrolled part-time or full-time in an approved program of study, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of March 31.
If an undergraduate student, maintain a cumulative GPA of 2.5 on a 4.0 scale each period of enrollment (i.e. semester or trimester), be enrolled part-time or full-time in an approved program of study, and be making satisfactory academic progress in accordance with the attending institution’s policy; if a graduate student, maintain a cumulative GPA of 3.0 on a 4.0 scale each period of enrollment (i.e. semester or trimester), be enrolled part-time or full-time in an approved program of study, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT and LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount for full-time NELB, NELR, NELM, and NERM recipients shall be $4,000. The maximum annual award amount for full- time NELP recipients shall be $5,000. The annual award will be pro-rated for part-time students.

B. NELB, NELR, NELM, and NELP students enrolling on a full-time basis may receive a lifetime maximum of two (2) annual awards, four (4) semesters or six (6) trimesters. NELB, NELR, NELM, and NELP students enrolling on a part- time basis may receive pro-rated awards over three (3) academic years, six (6) semesters, or nine (9) trimesters. NERM students enrolling on a full-time basis may receive a lifetime maximum of three (3) annual awards, six (6) semesters, or nine (9) trimesters. NERM students enrolling on a part-time basis may receive

pro-rated awards over four (4) academic years, eight (8) semesters, or twelve (12) trimesters. In no case may the lifetime maximum award for a part-time student exceed the lifetime maximum award of a full-time student.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

IV. RECIPIENT RESPONSIBILITIES

A. An NELB, NELR, NELM, NERM, or NELP recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. An NELB or NELR recipient must maintain a 2.5 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). An NELM, NERM, or NELP recipient must maintain a 3.0 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). Any recipient who fails to maintain the minimum GPA will be suspended from participation in the program for the following period of enrollment. An official transcript or grade verification sent directly to the Board by the attending institution evidencing the required GPA on a 4.0 scale for the non-eligible period of enrollment will entitle an NELB, NELR, NELM, NERM, and NELP recipient for renewal priority.

C. An NELB, NELR, NELM, NERM, and NELP recipient must remain in school part-time or full-time, complete an approved program of study and obtain the appropriate nursing license. An NELB, NELR, NELM, NERM, or NELP recipient who withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate nursing license, shall immediately become liable to the Board for the sum of all outstanding NELB, NELR, NELM, NERM, or NELP awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the NELB, NELR, NELM, NERM, or NELP recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the NELB, NELR, NELM, NERM, or NELP recipient’s student account online at www.msfinancialaid.org. Once in repayment, the NELB, NELR, NELM, NERM, or NELP recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. An NELB, NELR, NELM, NERM, or NELP recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. An NELB, NELR, NELM, NERM, and NELP forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through nursing service or by loan repayment.

B. Cancellation through Nursing Service

An NELB, NELR, NELM, NERM, and NELP forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through nursing service:

a) Have the appropriate nursing license, as determined by the Mississippi Board of Nursing.

b) Work in professional nursing in Mississippi by either teaching nursing at an accredited School of Nursing, or by performing other work in professional nursing in the interest of public health on a full-time or part-time basis. “Full-time” is understood by the parties to mean that the nurse or instructor shall maintain the normal full-time work schedule where the nurse or instructor is employed. “Part-time/adjunct” is understood by the parties to mean that the professional nurse shall maintain a work schedule of no fewer than 20 hours per week, and the nurse instructor shall be classified as less than a 1.0 FTE at an individual institution. Less than 1.0 FTEs can be added together if an individual is teaching at more than one accredited Schools of Nursing in Mississippi. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure employment. The Board assumes no obligation to perform that function.

For NELB, NELR, NELM, NERM, and NELP recipients working full- time, the forgivable loan debt shall be cancelled on the basis of one year’s service for one year of forgivable loan received. For NELB, NELR, NELM, NERM, and NELP recipients working part-time, the forgivable loan debt shall be cancelled on the basis of two years’ service for one year of forgivable loan received. For all NELB, NELR, NELM, NERM, and NELP recipients, such service shall never be less than twelve (12) consecutive months for full-time public health work, twenty-four (24) consecutive months for part-time public health work, one (1) year of 1.0 FTE for full-time teaching, two (2) years of .50 FTE for part-time/adjunct teaching, or four (4) years of 0.25 FTE for part-time/adjunct teaching, regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the NELB, NELR, NELM, NERM, and NELP forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the NELB, NELR, NELM, NERM, and NELP forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, an NELB, NELR, NELM, NERM, and NELP forgivable loan recipient shall become liable to the Board for the sum of all NELB, NELR, NELM, NERM, and NELP forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through nursing service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate nursing license; or

d) The recipient fails to complete the professional nursing service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged an NELB, NELR, NELM, NERM, and NELP forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
NELB, NELR, and NELM forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 36 or less equal consecutive monthly installments. NERM and NELP forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in the requisite number of installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys’ fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the nursing service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD and OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the NELB, NELR, NELM, NERM, and NELP forgivable loan recipient will be granted a 12- month grace period, during which the recipient should obtain the appropriate nursing license and secure appropriate nursing employment as defined in Section V.B.1.
An NELB, NELR, NELM, NERM, and NELP forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

An NELB or NELR forgivable loan recipient who does not complete the approved program of study but remains enrolled at least part-time in a baccalaureate level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment will not be granted for enrollment in an advanced program of nursing. However, an NELB, NELR, NELM, or NERM forgivable loan recipient who pursues an advanced degree in nursing may fulfill the service obligation on a part-time basis while enrolled in the advanced degree program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

An NELB, NELR, NELM, NERM, and NELP forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States;

it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the NELB, NELR, NELM, NERM, and NELP program.

An NELB, NELR, NELM, NERM, and NELP forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the NELB, NELR, NELM, NERM, and NELP award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's

obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.

The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

NELB, NELR, NELM, NERM, and NELP forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the NELB, NELR, NELM, NERM, and NELP forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the NELB, NELR, NELM, NERM, and NELP forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the NELB, NELR, NELM, NERM, and NELP forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-59.

10 Miss. Admin. Code Pt. 655, R. 1.1 Family Protection Specialist Social Worker Forgivable Loan Program (SWOR) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Family Protection Specialist Social Worker Forgivable Loan program (SWOR).

I. GENERAL ELIGIBILITY

A. Must be currently employed full-time as a family protection worker for the Mississippi Department of Human Services and must remain employed full-time while participating in the forgivable loan program. Employment verification will be required by the Department of Human Services.

B. Must be fully admitted as a regular student and enrolled at least part-time at a four-year public institution of higher learning in the state of Mississippi in a program of study accredited by the Council on Social Work Education and leading to a bachelor’s or master’s degree in social work, necessary to become a licensed social worker or licensed master social worker. Undergraduate students must be classified as a junior or senior.

C. Upon degree completion and the appropriate licensure, recipient must become employed as a Family Protection Specialist or higher for the Mississippi Department of Human Services for a period of no less than three (3) consecutive years.

D. New applicants must have a 2.0 or higher cumulative college grade point average, measured on a 4.0 scale. Recipients must maintain a 2.0 or higher cumulative college grade point average each semester, measure on a 4.0 scale, to continue to receive funds. The grade point average may be reported electronically from the institution attended; however, the applicant/recipient may still be required to provide paper transcript(s).

E. Must maintain satisfactory academic progress toward completion of the program of study leading to a degree necessary to become a licensed social worker or licensed master social worker within the period allowed.

F. Must not presently have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Submit to the Board by the document deadline of April 30 a document verifying employment as a full-time Family Protection Worker with the Mississippi Department of Human Services.
Submit to the Board by the document deadline of April 30 a letter of recommendation from the applicant’s supervisor at the Mississippi Department of Human Services.
Have a cumulative college GPA of 2.0 on a 4.0 scale and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Signify understanding of the SWOR Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Submit to the Board by the document deadline of April 30 a document verifying continued full-time employment as a Family Protection Worker with the Mississippi Department of Human Services.
Maintain a cumulative college GPA of 2.0 on a 4.0 scale and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The annual amount of the award for full-time students at a public university shall equal the total cost for tuition and required fees at the university in which the student is enrolled. The annual amount of the award for part-time students shall be pro-rated based upon enrollment status.

B. Students enrolling on a full-time basis may receive a maximum of two (2) annual awards, or four (4) semesters. Students enrolling on a part-time basis may receive no more than the maximum of two (2) annual awards of a full-time student, but pro-rated over the number of semesters required for degree completion.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

IV. RECIPIENT RESPONSIBILITIES

A. A SWOR recipient must maintain good standing at the attending institution at all times.

B. A SWOR recipient must continue to work full-time as a Family Protection Worker with the Mississippi Department of Human Services.

C. A SWOR recipient who fails, temporarily withdraws, or is required to repeat any year, will be suspended from participation in the program and his/her awards will be stopped until such time as the proper official at the attending institution informs the Board that he/she is ready to advance.

D. A SWOR recipient must remain in school at least part-time and complete the approved program of study. A SWOR recipient who withdraws from school or fails to complete the approved program of study shall immediately become liable to the Board for the sum of all outstanding SWOR awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

E. While receiving funds, the SWOR recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the SWOR recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the SWOR recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

F. A SWOR recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A SWOR forgivable loan recipient enters repayment when the recipient completes the approved program of study, ceases to work full-time as a Family Protection Worker with the Mississippi Department of Human Services, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

A SWOR forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Work full-time as a Family Protection Worker with the Mississippi Department of Human Services while receiving funds. “Full-time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed.

b) Obtain the appropriate license to work as Social Worker or Master Social Worker in Mississippi.

c) Work full-time as a Family Protection Specialist or higher with the Mississippi Department of Human Services for a minimum of three (3) consecutive calendar years following degree completion. “Full-time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure appropriate employment. The Board assumes no obligation to perform that function.

The SWOR forgivable loan service obligation shall be discharged on the basis of three (3) consecutive calendar years of employment for the forgivable loan received. Service shall never be less than three (3) years, regardless of the amount received or the length of study provided under this scholarship/loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the SWOR forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
The service deferment must be requested in writing and approved each year for three years until the debt is fully satisfied.
At the end of the three-year service deferment period, the SWOR forgivable loan recipient must request in writing a cancellation of the debt.

C. Loan Repayment

Unless granted a grace period or other deferment, a SWOR forgivable loan recipient shall become liable to the Board for the sum of all SWOR forgivable loan awards made to that person, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient ceases to work full-time as a Family Protection Worker with the Mississippi Department of Human Services while receiving funds.

b) The recipient withdraws from school;

c) The recipient fails to complete the approved program of study;

d) The recipient fails to obtain the appropriate license; or

e) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a SWOR forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in sixty (60) or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty,

and interest thereon) in sixty (60) or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the SWOR forgivable loan recipient will be granted a 4-month grace period, during which the recipient should obtain the appropriate license and/or secure appropriate employment as defined in Section V.B.1.
A SWOR forgivable loan recipient who does not complete the approved program of study will not be granted a 4-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

An undergraduate SWOR forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a baccalaureate degree program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school. A graduate SWOR forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a master’s degree program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

A SWOR forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the Family Protection Specialist Social Worker Forgivable Loan program.

A SWOR forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the SWOR award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of

After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

SWOR forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the SWOR forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the SWOR forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if

served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the SWOR forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-69.

Part 661 Part 661: Counselor and School Administrator Forgivable Loan Program (CSA) Rules and Regulations

Chapter 1 Counselor and School Administrator Forgivable Loan Program (CSA) Rules and Regulations

10 Miss. Admin. Code Pt. 661, R. 1.1 Counselor and School Administrator Forgivable Loan Program (CSA) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Counselor and School Administrator Forgivable Loan program (CSA).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving CSA shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be currently under contract as a full-time teacher, as defined by the State Board of Education, in a K-12 Mississippi public school or public charter school for a full academic year. Qualifying positions include teacher and school librarian; invalid positions include, but are not limited to, the following: assistant teacher, full-time substitute, high school counselor, curriculum specialist or administrator.

C. The applicant must hold a valid Class “A” Mississippi educator’s license.

D. The applicant must be fully admitted as a regular student seeking a first master’s degree in a program of study leading to a Class “AA” educator license at one (1) accredited Board-approved four year institution of higher learning in the State of Mississippi. Provisional or conditional admission is not accepted.

E. The recipient must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

F. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency to be received by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit a copy of the applicant’s letter of acceptance into the graduate program of study. The letter of acceptance should indicate that the applicant has been fully admitted or admitted as a regular student. Provisional or conditional admission is not accepted. The letter of acceptance should be submitted as soon as possible, but must be received by June 30.
Submit a copy of the applicant’s valid Class “A” Mississippi educator’s license to be received by the document deadline of April 30.
Submit a copy of the applicant’s employment contract for the current year, verifying employment for the full academic year as a full-time teacher in a Mississippi K-12 public school or public charter school to be received by the document deadline of April 30.
Signify understanding of the CSA Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Be enrolled in a first master’s degree in a program of study leading to a Class “AA” Mississippi educator license, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Submit a copy of the applicant’s employment contract for the current year, verifying continued employment for the full academic year as a full-time teacher in a Mississippi K-12 public school or public charter school to be received by the document deadline of April 30.
Remain in a program of study leading to a Class “AA” Mississippi educator license, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of continuing academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The forgivable loan program provides reimbursement of earned graduate hours, not to exceed the required hours for the approved program of study. Undergraduate classes taken for graduate credit do not qualify for reimbursement.

B. The forgivable loan program will provide reimbursement in an amount not less than $125 per earned graduate credit hour, not to exceed twelve (12) earned, graduate credit hours per period of enrollment (summer, fall, winter, spring) as reported by the institution.

C. Award disbursements will be made at the end of each period of enrollment after grade and enrollment files are received from the attending institution and processed by the Board.

D. Awards shall be disbursed directly to the attending institution. The institution, in turn, will reimburse the student. The student is responsible for all financial arrangements with the school until such time as payment is made. Also, the student is responsible for financial arrangements prior to reimbursement which may affect the student’s ability to secure school records.

E. The student assumes all responsibility for returning any portion of a refund by the school which is later determined to be inconsistent with the number of hours reported by the school. Failure to return funds will result in the suspension of eligibility.

IV. RECIPIENT RESPONSIBILITIES

A. A CSA recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. A CSA recipient must continue to work under contract as a full-time teacher in a Mississippi K-12 public school or public charter school while receiving funds.

C. A CSA recipient must remain in school, complete an approved program of study, and obtain the appropriate educator’s license. A CSA recipient who ceases to work under contract as a full-time teacher in a Mississippi K-12 public school or public charter school while receiving CSA funds, withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate educator’s license, shall immediately become liable to the Board for the sum of all outstanding CSA awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the CSA recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the CSA recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the CSA recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A CSA recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A CSA forgivable loan recipient enters repayment when the recipient completes the approved program of study, ceases to work under contract as a full-time teacher in a Mississippi K-12 public school or public charter school while receiving CSA funds, withdraws from school, fails to complete the approved program of study, or fails to obtain the appropriate educator’s license. The recipient may satisfy his/her forgivable loan debt either by cancellation through teaching service or by loan repayment.

B. Cancellation through Teaching Service

A CSA forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching service:

a) Obtain the appropriate educator’s license, as determined by the State Board of Education.

b) Teach full-time, as defined by the State Board of Education, while receiving funds. Qualifying positions include teacher and school librarian; invalid positions include, but are not limited to: assistant teacher, full-time substitute, high school counselor, or administrator.

c) Serve full-time, as defined by the State Board of Education, after degree completion. Qualifying positions include teacher, school librarian, counselor, or administrator; invalid positions include, but are not limited to: assistant teacher or full-time substitute.

d) Serve in a K-12 Mississippi public school or public charter school. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure employment. Prospective teachers may contact the Mississippi Teacher Center for placement assistance at www.mde.k12.ms.us/mtc.

A CSA forgivable loan debt shall be cancelled on the basis of continued full-time service while receiving CSA funds and one full year’s service following degree completion.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the CSA forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of the one-year service deferment period, the CSA forgivable loan recipient must request in writing a cancellation of the loan amount.
The service deferment and cancellation must be requested in writing and approved for the debt to be fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a CSA forgivable loan recipient shall become liable to the Board for the sum of all CSA forgivable loan awards made to that person, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient ceases to work under contract as a full-time teacher in a Mississippi K-12 public school or public charter school while receiving funds;

b) The recipient withdraws from school;

c) The recipient fails to complete the approved program of study;

d) The recipient fails to obtain the appropriate educator’s license; or

e) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a CSA forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in full within 30 days. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in full within 30 days, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the CSA forgivable loan recipient will be granted a 4-month grace period, during which the recipient should obtain the appropriate educator’s license and secure appropriate teaching employment as defined in Section V.B.1.
A CSA forgivable loan recipient who does not complete the approved program of study will not be granted a 4-month grace period and will enter repayment immediately upon separation from the approved program of study.

B. Temporary Disability Deferment

A CSA forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

C. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the Counselor and School Administrator Forgivable Loan program.

A CSA forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the CSA award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A

recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.

After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

CSA forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the CSA forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the CSA forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so

served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the CSA forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-47.

Part 663 Part 663: Graduate Teacher Forgivable Loan Program (GTS) Rules and Regulations

Chapter 1 Graduate Teacher Forgivable Loan Program (GTS) Rules and Regulations

10 Miss. Admin. Code Pt. 663, R. 1.1 Graduate Teacher Forgivable Loan Program (GTS) Rules and Regulations

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving GTS shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

C. The applicant must hold a valid Class “A” Mississippi educator’s license.

E. The recipient must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

F. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency to be received by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit a copy of the applicant’s letter of acceptance into the graduate program of study. The letter of acceptance should indicate that the applicant has been fully admitted or admitted as a regular student. Provisional or conditional admission is not accepted. The letter of acceptance should be submitted as soon as possible, but must be received by June 30.
Submit a copy of the applicant’s valid Class “A” Mississippi educator’s license to be received by the document deadline of April 30.
Submit a copy of the applicant’s employment contract for the current year, verifying employment for the full academic year as a full-time teacher in a Mississippi K-12 public school or public charter school to be received by the document deadline of April 30.
Signify understanding of the GTS Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Be enrolled in a first master’s degree in a program of study leading to a Class “AA” Mississippi educator license, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Submit a copy of the applicant’s employment contract for the current year, verifying continued employment for the full academic year as a full-time

teacher in a Mississippi K-12 public school or public charter school to be received by the document deadline of April 30.

Remain in a program of study leading to a Class “AA” Mississippi educator license, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of continuing academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

C. Award disbursements will be made at the end of each period of enrollment after grade and enrollment files are received from the attending institution and processed by the Board.

IV. RECIPIENT RESPONSIBILITIES

A. A GTS recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. A GTS recipient must continue to work under contract as a full-time teacher in a Mississippi K-12 public school or public charter school while receiving funds.

C. A GTS recipient must remain in school, complete an approved program of study, and obtain the appropriate educator’s license. A GTS recipient who ceases to work under contract as a full-time teacher in a Mississippi K-12 public school or public charter school while receiving GTS funds, withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate educator’s license, shall immediately become liable to the Board for the sum of all outstanding GTS awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the GTS recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the GTS recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the GTS recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A GTS recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A GTS forgivable loan recipient enters repayment when the recipient completes the approved program of study, ceases to work under contract as a full-time teacher in a Mississippi K-12 public school or public charter school while receiving GTS funds, withdraws from school, fails to complete the approved program of study, or fails to obtain the appropriate educator’s license. The recipient may satisfy his/her forgivable loan debt either by cancellation through teaching service or by loan repayment.

B. Cancellation through Teaching Service

A GTS forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching service:

a) Obtain the appropriate educator’s license, as determined by the State Board of Education.

c) Serve full-time, as defined by the State Board of Education, after degree completion. Qualifying positions include teacher, school

librarian, counselor, or administrator; invalid positions include, but are not limited to: assistant teacher or full-time substitute.

A GTS forgivable loan debt shall be cancelled on the basis of continued full-time service while receiving GTS funds and one full year’s service following degree completion.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the GTS forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of the one-year service deferment period, the GTS forgivable loan recipient must request in writing a cancellation of the loan amount.
The service deferment and cancellation must be requested in writing and approved for the debt to be fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a GTS forgivable loan recipient shall become liable to the Board for the sum of all GTS forgivable loan awards made to that person, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient ceases to work under contract as a full-time teacher in a Mississippi K-12 public school or public charter school while receiving funds;

b) The recipient withdraws from school;

c) The recipient fails to complete the approved program of study;

d) The recipient fails to obtain the appropriate educator’s license; or

e) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a GTS forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in full within 30 days. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in full within 30 days, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the GTS forgivable loan recipient will be granted a 4-month grace period, during which the

recipient should obtain the appropriate educator’s license and secure appropriate teaching employment as defined in Section V.B.1.

A GTS forgivable loan recipient who does not complete the approved program of study will not be granted a 4-month grace period and will enter repayment immediately upon separation from the approved program of study.

B. Temporary Disability Deferment

A GTS forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

C. Military Service Deferment

In terms of military service the following definitions shall apply:

A GTS forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the GTS award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of

After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

GTS forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the GTS forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the GTS program, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if

served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the GTS forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-47.

Part 665 Part 665: Southern Regional Education Board Doctoral Scholars Forgivable Loan (SDSP) Rules & Regulations

Chapter 1 Southern Regional Education Board Doctoral Scholars Forgivable Loan (SDSP) Rules and Regulations

10 Miss. Admin. Code Pt. 665, R. 1.1 Southern Regional Education Board Doctoral Scholars Forgivable Loan (SDSP) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Southern Regional Education Board Doctoral Scholars Forgivable Loan program (SDSP).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving SDSP shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be selected for participation in the SDSP Program by the attending institution and the Southern Regional Education Board.

C. The applicant must adhere to all “Scholar Responsibilities”, as outlined in the Memorandum of Agreement.

D. The applicant must have expressed in writing a present intention to teach in the State of Mississippi in a postsecondary institution.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid .
If residency has not been established, submit two forms of documentation of current legal residency. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid .
Signify understanding of the SDSP Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the

Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid .
Complete, sign and return the Self Certification of a Private Loan.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount shall be jointly agreed upon by the Southern Regional Education Board and the State of Mississippi.

B. Students may receive a lifetime maximum of three (3) annual awards.

C. Awards shall be disbursed directly to the Southern Regional Education Board.

IV. RECIPIENT RESPONSIBILITIES

A. An SDSP recipient must adhere to all “Scholar Responsibilities” as outlined in the Memorandum of Agreement.

B. While receiving funds, the SDSP recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the SDSP recipient’s student account online at www.mississippi.edu/financialaid . Once in repayment, the SDSP recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

C. An SDSP recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. An SDSP forgivable loan r ecipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. Pursuant to Sub-Section J. of the “Scholar Responsibilities” and pursuant to Subsection E. of the “State Responsibilities” within the Memorandum of Agreement, as a condition of participation in the SDSP program, the SDSP recipient may satisfy his/her forgivable loan debt either by cancellation through teaching/employment service or by loan repayment.

B. Cancellation through Teaching/Employment Service

An SDSP forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching/employment service:

a) Teach/work full-time. “Full-time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed.

b) Teach/work (positions may include post doctoral/research and adjunct faculty positions) at an accredited college, university, or research facility.

c) Adhere to the following:

(1) Full-time teaching/employment to include post doctoral/research and adjunct faculty positions must be sought first in a public postsecondary institution in Mississippi.

(2) If no employment is offered by a public postsecondary institution in Mississippi, the SDSP recipient is requested to seek employment in a private college/university (regionally accredited) in Mississippi.

(3) If no employment is offered in Mississippi, employment in postsecondary teaching, including doctoral/research and adjunct faculty positions may be sought in another state.

(4) Documentation of both an employment search and any denial of employment must be provided along with verification of employment when it occurs to the Board.

An SDSP forgivable loan debt shall be cancelled on the basis of one year’s teaching/employment service for one year of forgivable loan received. For all SDSP recipients, such service shall never be less than nine ( 9) consecutive months, regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the SDSP forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching/employment service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the SDSP forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, an SDSP forgivable loan recipient shall become liable to the Board for the sum of all SDSP forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through teaching service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged an SDSP forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection

agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the SDSP forgivable loan recipient will be granted a 12-month grace period, during which the recipient should secure appropriate employment as defined in Section V.B.1.
An SDSP forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

An SDSP forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in doctoral level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in- school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

An SDSP forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due

to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.

The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

An SDSP forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the SDSP award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

SDSP forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the SDSP forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the SDSP forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the SDSP forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-47.

Part 667 Part 667: Critical Needs Dyslexia Therapy Teacher Forgivable Loan Program (CNDT) Rules and Regulations

Chapter 1 Critical Needs Dyslexia Therapy Teacher Forgivable Loan Program (CNDT) Rules and Regulations

10 Miss. Admin. Code Pt. 667, R. 1.1 Critical Needs Dyslexia Therapy Teacher Forgivable Loan Program (CNDT) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). New awards will be made each award year subject to the availability of funds, and selection shall be based on a first-come, first-served basis of all eligible applicants; priority consideration shall be given to persons previously receiving awards under the Critical Needs Dyslexia Therapy Teacher Forgivable Loan program (CNDT).

I. GENERAL ELIGIBILITY

A. The applicant must be fully admitted as a regular student and enrolled full-time as determined by the attending institution at the graduate level seeking a first master’s degree, which must be in a program of study leading to a Class “AA” Mississippi Educator License with a 203 endorsement for Dyslexia Therapy at one (1) accredited four-year institution of higher learning in the State of Mississippi approved by the State Board of Education. Classification will be determined by the attending institution.

B. The recipient must have and maintain a cumulative 3.0 college grade point average (GPA) on a 4.0 scale each period of enrollment (i.e. semester or trimester) and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

C. The applicant must possess a current, valid Class “A” Mississippi Educator License.

D. The applicant must have expressed in writing a present intention to serve as a Dyslexia Therapist in the State of Mississippi in a public school/district or public charter school and must diligently pursue the course of study and requirements for the appropriate teaching license and endorsement.

E. The applicant must not presently or previously have defaulted on an educational loan.

F. CNDT recipients are not eligible for any other state aid but may apply for federal and institutional aid.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of March 31.
Submit a copy of the applicant’s letter of acceptance into the graduate program of study. The letter of acceptance should indicate that the applicant has been fully admitted or admitted as a regular student. Provisional or conditional admission is not accepted. The letter of acceptance should be submitted as soon as possible but must be received by the document deadline of June 30.
Possess a valid Class “A” Mississippi Educator License and submit verification of such to the Board by the document deadline date of June 30.
Have a cumulative college GPA of 3.0 on a 4.0 scale, be enrolled full-time in a master’s level program of study leading to a Class “AA” Mississippi Educator License with a 203 endorsement for Dyslexia Therapy and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Participate in Entrance Counseling, signify understanding of the CNDT Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.

B. Renewal applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of March 31.
Maintain a cumulative 3.0 college GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester) and remain in a master’s level program of study leading to a Class “AA” Mississippi Educator License with a 203 endorsement for Dyslexia Therapy, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of continuing academic eligibility will be automatically provided

to the Board by the attending institution, unless specifically requested from the applicant.

Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The amount of the annual award for full-time students shall equal the total cost for tuition, materials and fees at the college or university in which the student is enrolled.

B. Students may receive a lifetime maximum of two (2) annual awards.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

D. Awards are not provided for out-of-state tuition costs.

E. In order to receive CNDT funds, a student who previously received funds under the other state-supported undergraduate teacher programs, William Winter Teacher Forgivable Loan (WWTS), William Winter Alternate Route Teacher Forgivable Loan (WWAR), Critical Needs Teacher Forgivable Loan (CNTP), Critical Needs Alternate Route Teacher Forgivable Loan (CNAR), Teacher Education Scholars Forgivable Loan (TES) or Mississippi Teacher Loan Repayment (MTLR), must have discharged his/her previous loan through service or payment in full.

F. CNDT recipients are not eligible for any other state aid but may apply for federal and institutional aid.

IV. RECIPIENT RESPONSIBILITIES

A. A CNDT recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. A CNDT recipient must maintain a cumulative 3.0 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). A CNDT recipient who fails to maintain the minimum GPA will be suspended from participation in the program for the following period of enrollment. An official transcript or grade verification sent directly to the Board by the attending institution evidencing a cumulative 3.0 GPA on a 4.0 scale for the non-eligible period of enrollment will entitle a CNDT recipient for renewal priority.

C. A CNDT recipient must remain in school, complete an approved program of study and obtain the appropriate educator’s license. A CNDT recipient who withdraws from school, fails to complete an approved program of study, or fails

to obtain an appropriate educator’s license, shall immediately become liable to the Board for the sum of all outstanding CNDT awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the CNDT recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the CNDT recipient’s student account online at www.msfinancialaid.org. Once in repayment, the CNDT recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A CNDT recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A CNDT forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

A CNDT forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Obtain a “AA” Mississippi Educator License with a 203 Dyslexia Therapy designation.

b) Serve full-time, as defined by the State Board of Education, as a teacher, Dyslexia Therapist, or other position that combines instruction with the clinical provision of therapy for dyslexia. Invalid positions include, but are not limited to, the following: assistant teacher, full-time substitute, high school counselor, curriculum specialist or administrator.

c) Provide instruction and/or dyslexia therapy for students in grades kindergarten through twelve (K-12) in a Mississippi public school/district or public charter school. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure appropriate employment in an appropriate school/district. Neither the Board nor the State Board of Education assumes the obligation to perform that function.

Prospective teachers may contact the Mississippi Department of Education for placement assistance.

A CNDT forgivable loan debt shall be cancelled on the basis of one year’s service for one annual forgivable loan award received. For all CNDT recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the CNDT forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the CNDT forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a CNDT forgivable loan recipient shall become liable to the Board for the sum of all CNDT forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through teaching service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate educator’s license; or

d) The recipient fails to complete the teaching service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a CNDT forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 120 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 120 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the CNDT forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate educator’s license and secure appropriate teaching employment as defined in Section V.B.1.
A CNDT forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program

of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A CNDT forgivable loan recipient who does not complete the approved program of study but remains enrolled at least part-time in a first master’s program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment will not be granted for enrollment in a second master’s, specialist or doctorate program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

A CNDT forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

grant, stipend or scholarship granted the individual prior to, during, or after the award under the CNDT program.

A CNDT forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the CNDT award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

CNDT forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the CNDT forgivable loan by each recipient shall serve to appoint the Secretary of State of the State of Mississippi as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the CNDT forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the CNDT forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-71.

Part 669 Part 669: Nursing Teacher Stipend Forgivable Loan Program (NTSP) Rules and Regulations

Chapter 1 Nursing Teacher Stipend Forgivable Loan Program (NTSP) Rules and Regulations

10 Miss. Admin. Code Pt. 669, R. 1.1 Nursing Teacher Stipend Forgivable Loan Program (NTSP) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Nursing Teacher Stipend Forgivable Loan program (NTSP).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving NTSP shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted as a regular student and enrolled full-time at the graduate level seeking a masters or doctoral degree in an accredited nursing program at one (1) Board-approved institution in the State of Mississippi. Enrollment and classification status will be determined by the attending institution.

C. The applicant must also participate in the Nursing Education Forgivable Loan Program – MSN (NELM), RN to MSN (NERM), or Ph.D./DNP (NELP) administered by the Board. (Priority will be given to nursing faculty who have been accepted for Board-approved forgivable loan money and are teaching in a state-accredited nursing program as an exception to accreditation standards and to nursing faculty who have been accepted for board-approved forgivable loan money and are within 12 months of earning a doctoral degree.)

D. The applicant must be recommended for participation in the NTSP program by a dean or director of a Mississippi school of nursing. Recommendation should be in the form of a letter of intended employment upon the applicant’s completion of the program of study. The letter of intended employment must include the institution of intended employment and the nursing program in which the applicant is intended to teach (practical nursing, associate degree, bachelor’s degree, master’s degree, or doctoral degree).

E. The applicant must have expressed in writing a present intention to teach at any accredited school of nursing in Mississippi approved by the Board and must diligently pursue the course of study and requirements for the appropriate nursing license.

F. The applicant must have a cumulative 3.0 college grade point average (GPA) on a 4.0 scale to establish eligibility, maintain a cumulative 3.0 GPA each period of enrollment (i.e. semester or trimester) for continued eligibility, and maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

G. The applicant must not presently or previously have defaulted on an educational loan.

H. Applicants must possess a current Mississippi registered nursing license.

I. Must not have received or currently be receiving funds from the Rural Health Program.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of June 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.msfinancialaid.org.
Submit a copy of the applicant’s letter of acceptance into the appropriate program of study. The letter of acceptance should indicate that the applicant has been fully admitted or admitted as a regular student and should include the admittance date and entering classification. Provisional or conditional admission is not accepted. The letter of acceptance should be submitted as soon as possible but must be received by the document deadline of June 30.
Submit a recommendation for participation in the NTSP program by a dean or director of a Mississippi school of nursing by the document deadline of June 30. Recommendation should be in the form of a letter of intended employment upon the applicant’s completion of the program of study. The letter of intended employment must include the institution of intended employment and the nursing program in which the applicant is

intended to teach (associate degree, bachelor’s degree, master’s degree, or doctoral degree).

Submit a copy of the applicant’s current Mississippi nursing license by the document deadline of June 30.
Signify understanding of the NTSP Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Have a cumulative college GPA of 3.0 on a 4.0 scale, be enrolled full-time in an approved program of study, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of March 31.
Maintain a cumulative college GPA of 3.0 on a 4.0 scale each period of enrollment (i.e. semester or trimester), be enrolled full-time in an approved program of study, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT and LENGTH OF FORGIVABLE LOAN

A. The maximum award amount for NTSP recipients shall be $1,000 per month for each month of full-time enrollment.

B. Masters degree recipients may receive a lifetime maximum of monthly awards not to exceed one (1) calendar year. Doctoral degree recipients may receive a lifetime maximum of monthly awards not to exceed two (2) calendar years.

C. Awards shall be disbursed directly to the school of attendance.

D. A student who receives NTSP while completing a master’s degree in nursing may not later receive NTSP to pursue a doctoral degree in nursing.

IV. RECIPIENT RESPONSIBILITIES

A. An NTSP recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. An NTSP recipient must maintain a 3.0 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). Any recipient who fails to maintain the minimum GPA will be suspended from participation in the program for the following period of enrollment. An official transcript or grade verification sent directly to the Board by the attending institution evidencing the required GPA on a 4.0 scale for the non-eligible period of enrollment will entitle an NTSP recipient for renewal priority.

C. An NTSP recipient must remain in school full-time, complete an approved program of study, and obtain the appropriate nursing license. An NTSP recipient who withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate nursing license, shall immediately become liable to the Board for the sum of all outstanding NTSP awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the NTSP recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the NTSP recipient’s student account online at www.msfinancialaid.org. Once in repayment, the NTSP recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. An NTSP recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. An NTSP forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service as a nurse educator or by loan repayment.

B. Cancellation through Service as a Nurse Educator

An NTSP forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through nursing service:

a) Have the appropriate nursing license, as determined by the Mississippi Board of Nursing.

b) Teach nursing full-time or part-time/adjunct at an accredited School of Nursing in Mississippi. “Full-time” is understood by the parties to mean that the nurse or instructor shall maintain the normal full-time work schedule where the nurse or instructor is employed. “Part-time/adjunct” is understood by the parties to mean that the nurse shall be classified as less than a 1.0 FTE at an individual institution. Less than 1.0 FTEs can be added together if an individual is teaching at more than one accredited Schools of Nursing in Mississippi. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure employment. The Board assumes no obligation to perform that function.

The NTSP forgivable loan debt shall be cancelled on the basis of two (2) years of full-time teaching service for one (1) year of forgivable loan received; four (4) years of 0.50 FTE (total) part-time/adjunct teaching for one (1) year of forgivable loan received; and eight (8) years of 0.25 FTE (total) part-time/adjunct teaching for one (1) year of forgivable loan received. Such service shall never be less than two (2) academic years for teaching, regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the NTSP forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the teaching service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the NTSP forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, an NTSP forgivable loan recipient shall become liable to the Board for the sum of all NTSP forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service as a nurse educator, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate nursing license; or

d) The recipient fails to complete the professional nursing service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged an NTSP forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
NTSP forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in the requisite number of installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or

attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the teaching service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD and OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the NTSP forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate nursing license and secure appropriate nursing employment as defined in Section V.B.1.
An NTSP forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A master’s degree forgivable loan recipient who does not complete the approved program of study but remains enrolled at least part-time in a master’s degree program and a doctoral degree forgivable loan recipient who does not complete the approved program of study but remains enrolled at least part-time in a doctoral degree program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment will not be granted for master’s degree forgivable loan recipients to enroll in a doctoral degree program of nursing. However, the master’s degree NTSP recipient who pursues a doctoral degree in nursing may fulfill the service obligation on a part-time/adjunct basis while enrolled in the advanced degree program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

An NTSP forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

An NTSP forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the NTSP award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall

promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.

If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

NTSP forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the NTSP forgivable loan by each recipient shall serve to appoint the Secretary of State of the State of Mississippi as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the NTSP forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the NTSP forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to

contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-59.

Part 671 Part 671: State Dental Education Forgivable Loan Program (DENT) Rules and Regulations

Chapter 1 State Dental Education Forgivable Loan Program (DENT) Rules and Regulations

10 Miss. Admin. Code Pt. 671, R. 1.1 State Dental Education Forgivable Loan Program (DENT) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the State Dental Education Forgivable Loan program (DENT).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving DENT shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted as a regular student and enrolled full-time, as determined by the attending institution, as a doctoral candidate in the School of Dentistry at the University of Mississippi Medical Center.

C. The applicant must have expressed in writing a present intention to practice dentistry in the State of Mississippi in a geographical area of the State where there exists a critical shortage of dentists or in an approved community health clinic, as designated by the Board and defined in section V.B.1. The applicant must also diligently pursue the course of study and requirements for the required license to practice dentistry in Mississippi.

D. The recipient must remain in good standing with the University of Mississippi Medical Center School of Dentistry and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

E. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit an official academic transcript or electronic grade verification from the school/college/university last attended by the document deadline of April 30. The transcript or grade verification must report grades from all postsecondary institutions attended.
Submit to the Board an official letter of acceptance from the University of Mississippi Medical Center School of Dentistry, showing date admitted and entering classification or a letter of good standing from the University of Mississippi Medical Center Office of the Registrar by June 30.
Signify understanding of the DENT Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Maintain good standing in the University of Mississippi Medical Center School of Dentistry at all times, be enrolled full-time in the doctoral program in dentistry, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain good standing in the University of Mississippi Medical Center School of Dentistry at all times, be enrolled full-time in the doctoral program in dentistry, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant. 3. Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount shall be made in any amount not to exceed an annual amount equal to the cost for tuition.

B. Students may receive a lifetime maximum of four (4) annual awards or eight (8) semesters.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

D. Awards are not provided for summer school.

IV. RECIPIENT RESPONSIBILITIES

A. A DENT recipient must maintain good standing at the University of Mississippi Medical Center at all times.

B. A DENT recipient who fails, temporarily withdraws, or is required to repeat any year, will be suspended from participation in the program and his/her awards will be stopped until such time as the proper official at the University of Mississippi Medical Center informs the Board that he/she is ready to advance.

C. A DENT recipient must remain in school full-time, complete the approved program of study, and obtain the appropriate license. A DENT recipient who withdraws from school, fails to complete the approved program of study, or fails to obtain the appropriate license, shall immediately become liable to the Board for the sum of all outstanding DENT awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the DENT recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the DENT recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the DENT recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A DENT recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A DENT forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

A DENT forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Obtain the appropriate license to practice dentistry in Mississippi.

b) Practice dentistry full-time. “Full-time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed.

c) Practice dentistry in the State of Mississippi at a state health institution, at a community health center that is a grantee under Section 330 of the United States Public Health Service Act, OR in an area outside of a metropolitan statistical area, as defined and established by the United States Census Bureau, and within a region ranking between 1 and 54, inclusively, on the Relative Needs Index of Four Factors for Dentists, as annually determined by the State Board of Health. "State health institution" shall mean any of the following: Mississippi State Hospital, Ellisville State School, East Mississippi State Hospital, Mississippi Children's Rehabilitation Center, North Mississippi Retardation Center, Hudspeth Retardation Center, South Mississippi Retardation Center, University of Mississippi Hospital, the Boswell Retardation Center, the State Board of Health, and health care facilities under the Department of Corrections. Section 330 (c)(1) The Secretary may make grants to public and nonprofit private entities for projects to plan and develop community health centers which will serve medically underserved populations. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure appropriate employment. The Board assumes no obligation to perform that function.

A DENT forgivable loan debt shall be cancelled on the basis of one year’s service for one year of forgivable loan received. For all DENT recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the DENT forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the DENT forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a DENT forgivable loan recipient shall become liable to the Board for the sum of all DENT forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate license; or

d) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a DENT forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other

deferment, and repayment commences one (1) month after the occurrence of the event.

Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the DENT forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate license and secure appropriate employment as defined in Section V.B.1.
A DENT forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A DENT forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a doctoral level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Post-Graduate Training/Residency Deferment

A DENT forgivable loan recipient may request deferment of the accrual of interest and the repayment of principal and penalty for the purpose of pursuing post-graduate training or residency at an accredited hospital in family medicine dentistry for a period not to exceed one (1) year.
The residency deferment must be requested in writing to the Board or its loan servicer, stating the location and starting and ending dates of the post- graduate training/residency, and must be accompanied by verification from the institution providing the post-graduate training/residency.
The residency deferment must be requested by the recipient and approved at the beginning of the one-year post-graduate training or residency.

D. Temporary Disability Deferment

A DENT forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

E. Military Service Deferment

In terms of military service the following definitions shall apply:

A DENT forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the DENT award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate

or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.

The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

DENT forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the DENT forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the DENT forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the DENT forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-63.

Part 673 Part 673: State Medical Education Forgivable Loan Program (MED) Rules and Regulations

Chapter 1 State Medical Education Forgivable Loan Program (MED) Rules and Regulations

10 Miss. Admin. Code Pt. 673, R. 1.1 State Medical Education Forgivable Loan Program (MED) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the State Medical Education Forgivable Loan program (MED).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving MED shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted as a regular student and enrolled full-time, as determined by the attending institution, as a doctoral candidate in the School of Medicine at the University of Mississippi Medical Center.

C. The applicant must have expressed in writing a present intention to practice family medicine, internal medicine, pediatrics, obstetrics/gynecology, or primary care medicine in the State of Mississippi in a geographical area of the State where there exists a critical shortage of physicians or in an approved community health clinic, as designated by the Board and defined in section V.B.1. The applicant must also diligently pursue the course of study and requirements for the required license to practice medicine in Mississippi.

D. The recipient must remain in good standing with the University of Mississippi Medical Center School of Medicine and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

E. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit an official academic transcript or electronic grade verification from the school/college/university last attended by the document deadline of April 30. The transcript or grade verification must report grades from all postsecondary institutions attended.
Submit to the Board an official letter of acceptance from the University of Mississippi Medical Center School of Medicine, showing date admitted and entering classification or a letter of good standing from the University of Mississippi Medical Center Office of the Registrar by June 30.
Signify understanding of the MED Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Maintain good standing in the University of Mississippi Medical Center School of Medicine at all times, be enrolled full-time in the doctoral program in medicine, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain good standing in the University of Mississippi Medical Center School of Medicine at all times, be enrolled full-time in the doctoral program in medicine, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount shall be made in any amount not to exceed an annual amount equal to the cost for tuition.

B. Students may receive a lifetime maximum of four (4) annual awards or eight (8) semesters.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

D. Awards are not provided for summer school.

IV. RECIPIENT RESPONSIBILITIES

A. An MED recipient must maintain good standing at the University of Mississippi Medical Center at all times.

B. An MED recipient who fails, temporarily withdraws, or is required to repeat any year, will be suspended from participation in the program and his/her awards will be stopped until such time as the proper official at the University of Mississippi Medical Center informs the Board that he/she is ready to advance.

C. An MED recipient must remain in school full-time, complete the approved program of study, and obtain the appropriate license. An MED recipient who withdraws from school, fails to complete the approved program of study, or fails to obtain the appropriate license, shall immediately become liable to the Board for the sum of all outstanding MED awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the MED recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the MED recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the MED recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. An MED recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. An MED forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

An MED forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Obtain the appropriate license to practice medicine in Mississippi.

b) Practice medicine full-time. “Full-time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed.

c) Practice family medicine, internal medicine, pediatrics, obstetrics/gynecology, or another primary care specialty in the State of Mississippi at a state health institution, at a community health center that is a grantee under Section 330 of the United States Public Health Service Act, OR in an area outside of a metropolitan statistical area, as defined and established by the United States Census Bureau, and within a region ranking between 1 and 54, inclusively, on the Relative Needs Index of Five Factors for Primary Care Physicians, as annually determined by the State Board of Health. "State health institution" shall mean any of the following: Mississippi State Hospital, Ellisville State School, East Mississippi State Hospital, Mississippi Children's Rehabilitation Center, North Mississippi Retardation Center, Hudspeth Retardation Center, South Mississippi Retardation Center, University of Mississippi Hospital, the Boswell Retardation Center, the State Board of Health, and health care facilities under the Department of Corrections. Section 330 (c)(1) The Secretary may make grants to public and nonprofit private entities for projects to plan and develop community health centers which will serve medically underserved populations. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure appropriate employment. The Board assumes no obligation to perform that function.

An MED forgivable loan debt shall be cancelled on the basis of one year’s service for one year of forgivable loan received. For all MED recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the MED forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the MED forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, an MED forgivable loan recipient shall become liable to the Board for the sum of all MED forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate license; or

d) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged an MED forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other

deferment, and repayment commences one (1) month after the occurrence of the event.

Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the MED forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate license and/or secure appropriate employment as defined in Section V.B.1.
An MED forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

An MED forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a doctoral level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Post-Graduate Training/Residency Deferment

An MED forgivable loan recipient may request deferment of the accrual of interest and the repayment of principal and penalty for the purpose of pursuing post-graduate training or residency at an accredited hospital in family medicine, internal medicine, or pediatrics for a period not to exceed three (3) years, in obstetrics/gynecology for a period not to exceed four (4) years, or in any primary care specialty for a period not to exceed four (4) years.
The residency deferment must be requested in writing to the Board or its loan servicer, stating the location and starting and ending dates of the post- graduate training/residency, and must be accompanied by verification from the institution providing the post-graduate training/residency.
The residency deferment must be requested by the recipient and approved at the beginning of each year of post-graduate training/residency.

D. Temporary Disability Deferment

An MED forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

E. Military Service Deferment

In terms of military service the following definitions shall apply:

An MED forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the MED award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date

the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

MED forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the MED forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the MED forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the MED forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-61.

Part 674 Part 674: SREB Regional Contract Forgivable Loan Program (SREB) Rules and Regulations

Chapter 1 SREB Regional Contract Forgivable Loan Program (SREB) Rules and Regulations

10 Miss. Admin. Code Pt. 674, R. 1.1 SREB Regional Contract Forgivable Loan Program (SREB) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Southern Regional Education Board Regional Contract Forgivable Loan program (SREB).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving SREB shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted and enrolled full-time at an accredited School of Optometry approved by the Board.

C. The applicant must have expressed in writing a present intention to practice Optometry in the State of Mississippi. The applicant must also diligently pursue the course of study and requirements for the required license to practice in Mississippi.

D. The recipient must remain in good standing with the attending institution and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

E. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of September 15.

Field Code Changed

If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of October 15. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.msfinancialaid.org.
Submit an official academic transcript or electronic grade verification from the school/college/university last attended by the document deadline of October 15. The transcript or grade verification must report grades from all postsecondary institutions attended.
Submit to the Board an official letter of acceptance from the accredited school of optometry, showing date admitted and entering classification by the document deadline of October 15.
Signify understanding of the SREB Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Maintain good standing in the attending institution at all times, be enrolled full-time in the approved program, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of September 15.
Maintain good standing in the attending institution at all times, be enrolled full-time in the approved program, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount shall be made in an amount to be agreed upon by the Southern Regional Education Board, the attending institution, and the State of Mississippi.

B. Students may receive a lifetime maximum of four (4) annual awards or eight (8) semesters.

C. Awards shall be disbursed directly to the Southern Regional Education Board.

D. Awards are not provided for summer school.

IV. RECIPIENT RESPONSIBILITIES

A. An SREB recipient must maintain good standing at the attending institution at all times.

B. An SREB recipient who fails, temporarily withdraws, or is required to repeat any year, will be suspended from participation in the program and his/her awards will be stopped until such time as the proper official at the attending institution informs the Board that he/she is ready to advance.

C. An SREB recipient must remain in school full-time, complete the approved program of study, and obtain the appropriate license. An SREB recipient who withdraws from school, fails to complete the approved program of study, or fails to obtain the appropriate license, shall immediately become liable to the Board for the sum of all outstanding SREB awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the SREB recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the SREB recipient’s student account online at www.msfinancialaid.org. Once in repayment, the SREB recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. An SREB recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. An SREB forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to

complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

An SREB forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Obtain the appropriate license to practice optometry in Mississippi.

b) Practice optometry full-time. “Full-time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed.

c) Practice optometry in the State of Mississippi. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure appropriate employment. The Board assumes no obligation to perform that function.

An SREB forgivable loan debt shall be cancelled on the basis of one year’s service for one year of forgivable loan received. For all SREB recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the SREB forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the SREB forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, an SREB forgivable loan recipient shall become liable to the Board for the sum of all SREB forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following

events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate license; or

d) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all SREB forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged an SREB forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Direct Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the SREB forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate license and/or secure appropriate employment as defined in Section V.B.1.
An SREB forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

An SREB forgivable loan recipient who does not complete the approved program of study but remains enrolled at least part-time in a doctoral level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Post-Graduate Training/Residency Deferment

An SREB forgivable loan recipient may request deferment of the accrual of interest and the repayment of principal and penalty for the purpose of pursuing post-graduate training or residency at an accredited hospital in optometry for a period not to exceed one (1) year.
The residency deferment must be requested in writing to the Board or its loan servicer, stating the location and starting and ending dates of the post- graduate training/residency, and must be accompanied by verification from the institution providing the post-graduate training/residency.
The residency deferment must be requested by the recipient and approved at the beginning of each year of post-graduate training/residency.

D. Temporary Disability Deferment

An SREB forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

E. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the Southern Regional Education Board Regional Contract Forgivable loan program.

An SREB forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the SREB award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

SREB forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the SREB forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the SREB forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the SREB forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-47.

Part 675 Part 675: Graduate and Professional Degree Forgivable Loan Program (STSC) Rules and Regulations

Chapter 1 Graduate and Professional Degree Forgivable Loan Program (STSC) Rules and Regulations

10 Miss. Admin. Code Pt. 675, R. 1.1 Graduate and Professional Degree Forgivable Loan Program (STSC) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Graduate and Professional Degree Forgivable Loan program (STSC).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving STSC shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted and enrolled full-time in a professional or graduate degree program in a health-related profession of study which is not available in a regularly supported institution of higher learning in Mississippi. The approved professions include Chiropractic Medicine, Orthotics/Prosthetics, and Podiatric Medicine. The institution which the applicant desires to attend must be accredited by the regional accrediting agency of the region in which it is located, and it must grant an accredited degree in the field of study the applicant desires to pursue if such accreditation is available. Professional programs must be accredited by the recognized professional accrediting organization.

C. The applicant must have expressed in writing a present intention to practice in the approved field in the State of Mississippi. The applicant must also diligently pursue the course of study and requirements for the required license to practice in the approved field in Mississippi.

E. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit an official academic transcript or electronic grade verification from the school/college/university last attended by the document deadline of April 30. The transcript or grade verification must report grades from all postsecondary institutions attended.
Submit to the Board an official letter of acceptance from the institution of intended enrollment, showing date admitted and entering classification by June 30.
Signify understanding of the STSC Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Maintain good standing in the attending institution at all times, be enrolled full-time in the approved program, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain good standing in the attending institution at all times, be enrolled full-time in the approved program, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual amount of the loan will be determined by the Board, but cannot exceed the amount of graduate or professional school tuition at a public institution in Mississippi.

B. Students may receive a lifetime maximum award based upon the normal time required to complete the degree curriculum designated by the institution the recipient is attending.

C. Awards shall be disbursed directly to the attending institution.

D. Awards are not provided for summer school.

IV. RECIPIENT RESPONSIBILITIES

A. An STSC recipient must maintain good standing at the attending institution at all times.

B. An STSC recipient who fails, temporarily withdraws, or is required to repeat any year, will be suspended from participation in the program and his/her awards will be stopped until such time as the proper official at the attending institution informs the Board that he/she is ready to advance.

C. An STSC recipient must remain in school full-time, complete the approved program of study, and obtain the appropriate license. An STSC recipient who withdraws from school, fails to complete the approved program of study, or fails to obtain the appropriate license, shall immediately become liable to the Board for the sum of all outstanding STSC awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the STSC recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the STSC recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the STSC recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. An STSC recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. An STSC forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

An STSC forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Obtain the appropriate license to practice in the approved field in Mississippi.

b) Practice in the approved field full-time. “Full-time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed.

c) Practice in the approved field in the State of Mississippi. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure appropriate employment. The Board assumes no obligation to perform that function.

An STSC forgivable loan debt shall be cancelled on the basis of one year’s service for one year of forgivable loan received. The period of service to be performed shall never be less than twelve (12) consecutive months, regardless of the length of study provided under the forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the STSC forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the STSC forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, an STSC forgivable loan recipient shall become liable to the Board for the sum of all STSC forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate license; or

d) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged an STSC forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a

percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the STSC forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate license and/or secure appropriate employment as defined in Section V.B.1.
An STSC forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

An STSC forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a degree program of the same level (i.e. master’s degree or doctoral degree) may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Post-Graduate Training/Residency Deferment

An STSC forgivable loan recipient who is expected to complete a residency may request deferment of the accrual of interest and the repayment of principal and penalty for the purpose of pursuing post- graduate training or residency at an accredited hospital in chiropractic

medicine for a period not to exceed one (1) year or in podiatric medicine for a period not to exceed three (3) years.

The residency deferment must be requested in writing to the Board or its loan servicer, stating the location and starting and ending dates of the post- graduate training/residency, and must be accompanied by verification from the institution providing the post-graduate training/residency.
The residency deferment must be requested by the recipient and approved at the beginning of each year of post-graduate training/residency.

D. Temporary Disability Deferment

An STSC forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

E. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the Graduate and Professional Degree Forgivable Loan program.

VOLUNTARY if the individual is not obligated to incur a period of military service, but chooses to incur the service obligation.

An STSC forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the STSC award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

STSC forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the STSC forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State

and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the STSC forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the STSC forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-65.

Part 677 Part 677: Veterinary Medicine for Minorities Forgivable Loan Program (VMMP)

Chapter 1 Veterinary Medicine for Minorities Forgivable Loan Program (VMMP) Rules and Regulations

10 Miss. Admin. Code Pt. 677, R. 1.1 Veterinary Medicine for Minorities Forgivable Loan Program (VMMP) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the Veterinary Medicine for Minorities Forgivable Loan program (VMMP).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving VMMP shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted as a regular student and enrolled full-time, as determined by the attending institution, as a doctoral candidate in the College of Veterinary Medicine at Mississippi State University.

C. The applicant must be classified as a minority student by the Registrar’s Office at Mississippi State University.

D. The applicant must have expressed in writing a present intention to practice veterinary medicine in the State of Mississippi. The applicant must also diligently pursue the course of study and requirements for the required license to practice veterinary medicine in Mississippi.

E. The recipient must remain in good standing with Mississippi State University College of Veterinary Medicine and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

F. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency by the document deadline of April 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.mississippi.edu/financialaid.
Submit to the Board an official academic transcript or electronic grade verification from the school/college/university last attended by the document deadline of April 30. The transcript or grade verification must report grades from all postsecondary institutions attended.
Submit to the Board a statement from the Mississippi State University Registrar's Office classifying the applicant as a minority student by the document deadline of April 30.
Submit to the Board an official letter of acceptance from Mississippi State University College of Veterinary Medicine, showing date admitted and entering classification by June 30.
Signify understanding of the VMMP Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.
Maintain good standing in Mississippi State University College of Veterinary Medicine at all times, be enrolled full-time in the doctoral program in medicine, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

B. Renewal applicants must:

Complete an application online at www.mississippi.edu/financialaid by the deadline date of March 31.
Maintain good standing in Mississippi State University College of Veterinary Medicine at all times, be enrolled full-time in the doctoral program in medicine, and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic

eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

Complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The maximum annual award amount shall be made in any amount not to exceed an annual amount equal to the cost for tuition.

B. Students may receive a lifetime maximum of four (4) annual awards or eight (8) semesters.

C. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

D. Awards are not provided for summer school.

IV. RECIPIENT RESPONSIBILITIES

A. A VMMP recipient must maintain good standing at Mississippi State University at all times.

B. A VMMP recipient who fails, temporarily withdraws, or is required to repeat any year, will be suspended from participation in the program and his/her awards will be stopped until such time as the proper official at Mississippi State University informs the Board that he/she is ready to advance.

C. A VMMP recipient must remain in school full-time, complete the approved program of study, and obtain the appropriate license. A VMMP recipient who withdraws from school, fails to complete the approved program of study, or fails to obtain the appropriate license, shall immediately become liable to the Board for the sum of all outstanding VMMP awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the VMMP recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the VMMP recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the VMMP recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A VMMP recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. A VMMP forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

A VMMP forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Obtain the appropriate license to practice veterinary medicine in Mississippi.

b) Practice veterinary medicine full-time. “Full-time” is understood to mean that the recipient shall maintain the normal full-time work schedule where the recipient is employed.

c) Practice veterinary medicine in the State of Mississippi. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure appropriate employment. The Board assumes no obligation to perform that function.

A VMMP forgivable loan debt shall be cancelled on the basis of one year’s service for one year of forgivable loan received. For all VMMP recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the VMMP forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the VMMP forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a VMMP forgivable loan recipient shall become liable to the Board for the sum of all VMMP forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate license; or

d) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.I. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a VMMP forgivable loan recipient on the unsatisfied balance shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable and, demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days, from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a

percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the VMMP forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate license and/or secure appropriate employment as defined in Section V.B.1.
A VMMP forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

A VMMP forgivable loan recipient who does not complete the approved program of study, but remains enrolled at least part-time in a doctoral level program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Post-Graduate Training/Residency Deferment

A VMMP forgivable loan recipient may request deferment of the accrual of interest and the repayment of principal and penalty for the purpose of pursuing post-graduate training or residency at an accredited institution for a period not to exceed four (4) years
The residency deferment must be requested in writing to the Board or its loan servicer, stating the location and starting and ending dates of the post- graduate training/residency, and must be accompanied by verification from the institution providing the post-graduate training/residency.
The residency deferment must be requested by the recipient and approved at the beginning of each year of post-graduate training/residency.

D. Temporary Disability Deferment

A VMMP forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

E. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States; it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the Veterinary Medicine for Minorities Forgivable Loan program.

A VMMP forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the VMMP award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of

After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

VMMP forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the VMMP forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the VMMP forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if

served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the VMMP forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-47.

Part 679 Part 679: Speech-Language Pathologist Forgivable Loan Program (SLPL)

Chapter 1 Speech-Language Pathologist Forgivable Loan Program (SLPL) Rules and Regulations

10 Miss. Admin. Code Pt. 679, R. 1.1 Speech-Language Pathologist Forgivable Loan Program (SLPL) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). New awards will be made each award year subject to the availability of funds, and selection shall be based on a first-come, first-served basis of all eligible applicants. Priority consideration shall be given to persons previously receiving awards under the Speech-Language Pathologist Forgivable Loan program (SLPL).

I. GENERAL ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving SLPL shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37-103-17.

B. The applicant must be fully admitted as a regular student and enrolled full-time or part-time, as determined by the attending institution, at the graduate level at one (1) accredited four-year institution of higher learning in the State of Mississippi. Classification will be determined by the attending institution.

C. The applicant must be seeking a first master’s degree in Speech-Language Pathology, Communicative Disorders, Communication Sciences and Disorders, or similar program of study leading to licensure as a Speech-Language Pathologist.

D. The applicant must have and maintain a cumulative 3.0 college grade point average (GPA) on a 4.0 scale each period of enrollment (i.e. semester or trimester) and must maintain satisfactory academic progress in the approved program of study in accordance with the attending institution’s policy.

E. The applicant must have expressed in writing a present intention to serve as a Speech-Language Pathologist in the State of Mississippi in a public school/district or public charter school and must diligently pursue the course of study and requirements for the appropriate license and employment.

F. The applicant must not presently or previously have defaulted on an educational loan.

G. SLPL recipients are not eligible for any other state aid but may apply for federal and institutional aid.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. First time applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of March 31.
If residency has not been established, submit two forms of documentation of current legal residency to be received by the document deadline of June 30. Acceptable forms of residency documentation are listed in the General Administration Rules and Regulations and published online at www.msfinancialaid.org.
Submit a copy of the applicant’s letter of acceptance into the graduate program of study. The letter of acceptance should indicate that the applicant has been fully admitted or admitted as a regular student. Provisional or conditional admission is not accepted. The letter of acceptance should be submitted as soon as possible but must be received by the document deadline of June 30.
Have a cumulative college GPA of 3.0 on a 4.0 scale, be enrolled full-time in a master’s level program of study leading to licensure and employment as a Speech-Language Pathologist and be making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.
Participate in Entrance Counseling, signify understanding of the SLPL Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.

B. Renewal applicants must:

Complete an application online at www.msfinancialaid.org by the deadline date of March 31.
Maintain a cumulative 3.0 college GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester) and remain in a master’s level program of study leading to licensure and employment as a Speech- Language Pathologist, making satisfactory academic progress in accordance with the attending institution’s policy. Evidence of continuing

academic eligibility will be automatically provided to the Board by the attending institution, unless specifically requested from the applicant.

Participate in Entrance Counseling and complete, sign and return the Self Certification of a Private Loan form.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The amount of the annual award for full-time students shall equal the total cost for tuition and fees at the college or university in which the student is enrolled, not to exceed the highest tuition and fees at a state institution of higher learning. The amount of the annual award for part-time students shall be based on the cost of tuition and fees for the hours enrolled at the college or university in which the student is enrolled, not to the exceed the highest tuition and fees for the equivalent hours enrolled at a state institution of higher learning.

B. Full-time students may receive a lifetime maximum of two (2) annual awards and part-time students may receive a lifetime maximum of three (3) annual awards.

C. Awards shall be made during all terms required for enrollment in the program, including summer where appropriate.

D. Awards shall be disbursed directly to the school of attendance, to be applied first toward tuition.

E. In order to receive SLPL funds, a student who previously received funds under any other state-supported forgivable loan program must have discharged his/her previous loan through service or payment in full.

F. SLPL recipients are not eligible for any other state aid but may apply for federal and institutional aid.

IV. RECIPIENT RESPONSIBILITIES

A. An SLPL recipient must maintain good standing at the educational institution in which he/she is enrolled at all times.

B. An SLPL recipient must maintain a 3.0 minimum GPA on a 4.0 scale per period of enrollment (i.e. semester or trimester). An SLPL recipient who fails to maintain the minimum GPA will be suspended from participation in the program for the following period of enrollment. An official transcript or grade verification sent directly to the Board by the attending institution evidencing a 3.0 GPA on a 4.0 scale for the non-eligible period of enrollment will entitle an SLPL recipient for renewal priority.

C. An SLPL recipient must remain in school, complete an approved program of study and obtain the appropriate license. An SLPL recipient who withdraws from school, fails to complete an approved program of study, or fails to obtain an appropriate license, shall immediately become liable to the Board for the sum of all outstanding SLPL awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the SLPL recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the SLPL recipient’s student account online at www.msfinancialaid.org. Once in repayment, the SLPL recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. An SLPL recipient should address in writing to the Board or its loan servicer any special circumstances regarding enrollment status, withdrawal from school, or failure to complete the approved program of study.

V. REPAYMENT

A. An SLPL forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Service

An SLPL forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through service:

a) Obtain the appropriate license for employment as a Speech- Language Pathologist.

b) Serve full-time, as defined by the State Board of Education, as a Speech-Language Pathologist.

c) Provide Speech-Language Pathology services for students in grades kindergarten through twelve (K-12) in a Mississippi public school/district or public charter school. NOTE: It is fully understood that it is the responsibility of the forgivable loan recipient to seek and secure employment as a Speech-Language Pathologist in an appropriate school/district. Neither the Board nor the State Board of Education assumes the obligation to perform that function. Prospective Speech-Language Pathologists may contact the Mississippi Department of Education for placement assistance.

An SLPL forgivable loan debt shall be cancelled on the basis of one year’s service for one annual forgivable loan award received. For all SLPL recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the SLPL forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the SLPL forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, an SLPL forgivable loan recipient shall become liable to the Board for the sum of all SLPL forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate license; or

d) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all SLPL forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged an SLPL forgivable loan recipient on the combined outstanding principal and penalty shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable, and demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the SLPL forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate license and secure appropriate employment as defined in Section V.B.1.
An SLPL forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program

of study. Such a recipient may be eligible for an in-school deferment as defined in Section VI.B.

B. In-School Deferment

An SLPL forgivable loan recipient who does not complete the approved program of study but remains enrolled at least part-time in a first master’s program may request deferment of the accrual of interest and the repayment of principal and penalty for purposes of remaining in school.
The in-school deferment must be requested in writing to the Board or its loan servicer and must be accompanied by verification of at least part-time enrollment from the attending institution. 3. The in-school deferment will not be granted for enrollment in a second master’s, specialist, or doctorate program.
The in-school deferment must be requested by the recipient and approved every term (except Summer) throughout the duration of the deferment.

C. Temporary Disability Deferment

An SLPL forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

D. Military Service Deferment

In terms of military service the following definitions shall apply:

grant, stipend or scholarship granted the individual prior to, during, or after the award under the SLPL program.

An SLPL forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the SLPL award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a determination by the Board on the basis of other evidence that the Board finds conclusive.
The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

SLPL forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the SLPL forgivable loan by each recipient shall serve to appoint the Secretary of State of the State of Mississippi as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the SLPL Forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the SLPL forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-73.

Part 681 Part 681: Mississippi Teacher Loan Repayment Program (MTLR) Rules and Regulations

Chapter 1 Winter-Reed Teacher Loan Repayment Program (WRTR) Rules and Regulations

10 Miss. Admin. Code Pt. 681, R. 1.1 Winter-Reed Teacher Loan Repayment Program (WRTR) Rules and Regulations

The William F. Winter and Jack Reed, Sr. Teacher Loan Repayment Program was established by the 2021 Legislature. These Rules and Regulations are promulgated to govern the program and are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board").

I. GENERAL ELIGIBILITY

A. The applicant must be a U.S. citizen.

B. The applicant must have graduated with a bachelor’s degree from an institution of higher learning that is regionally accredited by the Southern Association of Colleges and Schools (SACS) or a comparable accreditation body.

C. The applicant must have obtained a standard five-year educator’s license or a nontraditional five-year alternate route license from the State Board of Education. Persons with provisional emergency licenses shall not be eligible.

D. The applicant must teach full-time, as defined by the State Board of Education. Qualifying positions include teacher and school librarian; invalid positions include, but are not limited to, the following: assistant teacher, full-time substitute, high school counselor, curriculum specialist or administrator.

E. The applicant must teach full-time for a period of not less than one (1) academic year in grades kindergarten through twelve (K-12) in a Mississippi public school or public charter school.

F. The applicant must have outstanding qualifying educational loans, received while pursuing an undergraduate or graduate degree. Qualifying educational loans include the principal, interest, and related expenses such as the required interest premium on the unpaid balances of government (federal, state, or local) and commercial loans obtained by the recipient for undergraduate or graduate educational expenses. Perkins loans do not qualify for repayment under WRTR.

G. The applicant must not have received funds from the William Winter Teacher Forgivable Loan Program (WWTS), William Winter Alternate Route Forgivable Loan Program (WWAR), Critical Needs Teacher Forgivable Loan Program (CNTP), Critical Needs Alternate Route Teacher Forgivable Loan Program

(CNAR), Teacher Education Scholars Forgivable Loan Program (TES), Graduate Teacher Forgivable Loan Program (GTS), Counselor and School Administrator Forgivable Loan Program (CSA), Critical Needs Dyslexia Therapy Forgivable Loan Program (CNDT), Mississippi Teacher Loan Repayment Program (MTLR), or any other state forgivable loan program.

H. The applicant must not presently be in default or delinquent on any federal, state, local or commercial qualifying educational loan.

II. APPLICATION REQUIREMENTS FOR LOAN REPAYMENT APPLICANT

A. First time applicants must:

Complete the Mississippi Aid Application (MAAPP) online at www.msfinancialaid.org by the deadline date of September 15 of the academic year for which the teacher is seeking loan repayment.
Submit the following documents to the Board by October 15 of the same academic year.

a) Proof of the applicant’s current five-year Mississippi educator’s license.

b) A copy of the applicant’s current employment contract with a Mississippi K-12 public school or public charter school to serve as documentation of employment.

c) A completed Loan Data Verification form.

d) Documentation from the lender or loan servicer for state, local, or commercial loans that shows the loan’s current balance, status (deferred, repayment, etc.), type, and date of disbursement.

B. Renewal applicants must:

Complete the Mississippi Aid Application (MAAPP) online at www.msfinancialaid.org by the deadline date of September 15 of the academic year for which the teacher is seeking loan repayment.
Submit the following documents to the Board by October 15 of the same academic year.

a) A copy of the applicant’s current employment contract with a Mississippi K-12 public school or public charter school to serve as documentation of employment.

b) A completed Loan Data Verification form.

c) Documentation from the lender or loan servicer for state, local, or commercial loans that shows the loan’s current balance, status (deferred, repayment, etc.), type, and date of disbursement.

III. AWARD RECIPIENTS

A. Awards will be made to applicants with outstanding qualifying educational loans obtained while in undergraduate or graduate school. Qualifying educational loans include the principal, interest, and related expenses such as the required interest premium on the unpaid balances of government (federal, state, or local) and commercial loans obtained by the recipient for undergraduate or graduate educational expenses. Perkins loans do not qualify for repayment under WRTR.

B. Recipients shall be selected on a first-come, first-served basis of all eligible applicants and shall be limited by the annual funding appropriated for the program by the Mississippi Legislature.

C. Among first-time applicants, priority consideration shall be given to persons who are teaching in a public school district designated as a geographical critical teacher shortage area by the State Board of Education.

D. In the second and subsequent years of the program, priority consideration shall first be given to renewal applicants.

IV. AMOUNT AND LENGTH OF LOAN REPAYMENT

A. Awards for recipients who have signed a contract to teach in a public school district that is not designated as a geographical critical teacher shortage area by the State Board of Education shall be as follows:

One thousand five hundred dollars ($1,500) for the first year of an award or the balance of the loan, whichever is less;
Two thousand five hundred dollars ($2,500) for the second year of an award or the balance of the loan, whichever is less;
Three thousand five hundred dollars ($3,500) for the third year of an award or the balance of the loan, whichever is less.

B. Awards for recipients who have signed a contract to teach in a public school district that is designated as a geographical critical teacher shortage area by the State Board of Education shall be as follows (NOTE: Designation as a Title I school does not necessarily mean that the school qualifies as a geographical critical teacher shortage area):

Four thousand dollars ($4,000) for the first year of an award or the balance of the loan, whichever is less;
Five thousand dollars ($5,000) for the second year of an award or the balance of the loan, whichever is less, provided the recipient continues to teach in the same public school district or another public school district designated a geographical shortage area by the State Board of Education;
Six thousand dollars ($6,000) for the third year of an award or the balance of the loan, whichever is less, provided the recipient continues to teach in the same public school district or another public school district designated a geographical shortage area by the State Board of Education;

C. Renewal applicants who move to another public school district shall be eligible to receive a renewal award based on the amount allowed under the program in the new district where the teacher is employed.

D. The annual award amount shall never exceed the outstanding balance of the qualifying educational loan.

E. Awards shall be granted annually, and recipients shall have no obligation to seek a future award.

F. Awards shall be paid annually to the recipient’s lender/loan servicer and applied to the outstanding balance. Monies paid on the recipient’s behalf toward qualifying undergraduate educational loans prior to receiving a WRTR award will not be eligible for repayment through the WRTR program.

V. RECIPIENT RESPONSIBILITIES

A. The recipient must maintain a current five-year Mississippi educator’s license while participating in the program.

B. The recipient must teach full-time for the full year in grades kindergarten through twelve (K-12) in the State of Mississippi in the public school district or public charter school where the applicant was initially awarded.

C. By June 30 at the conclusion of the recipient’s contract year, the recipient must submit to the Board an annual Contract Completion Form. The form must be received for the Board to disburse the offered award amount to the loan servicer.

D. While receiving funds, the WRTR recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the WRTR recipient’s student MAAPP account online.

History

Source: Miss. Code Ann. § 37-106-36.

Part 683 Part 683: Teacher Education Scholars Alternate Route Certification Forgivable Loan (TESA) Rules and Regulations

Chapter 1 Teacher Education Scholars Alternate Route Certification Forgivable Loan (TESA) Rules and Regulations

10 Miss. Admin. Code Pt. 683, R. 1.1 Teacher Education Scholars Alternate Route Certification Forgivable Loan Program (TESA) Rules and Regulations

These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). New Teacher Education Scholars Alternate Route Certification Forgivable Loan (TESA) awards will be made subject to the availability of funds, and selection shall be based on a first-come, first-served basis of all eligible applicants.

I. GENERAL ELIGIBILITY

A. The applicant must meet all eligibility requirements and be fully admitted as a regular student and enrolled in one of the following alternate route programs approved by the State Board of Education:

Mississippi Alternate Path to Quality Teachers (MAPQT)
Teach Mississippi Institute (TMI)
Masters of Arts in Teaching (MAT)
American Board for Certification of Teacher Excellence (ABCTE)

B. The applicant must hold a bachelor’s degree (non-education) from a regionally or nationally accredited postsecondary institution.

C. The applicant must have earned a minimum 3.0 college grade point average (GPA) on a 4.0 scale on the final sixty (60) credit hours of baccalaureate work, as reported by the graduating institution.

D. The applicant must have expressed in writing a present intention to teach in the State of Mississippi in a public school/district or public charter school, and must diligently pursue the course of study and requirements for the appropriate license and employment.

E. The applicant must not presently or previously have defaulted on an educational loan.

II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT

A. Complete an application online at www.mississippi.edu/financialaid. Applications will be accepted on a rolling basis. New awards will be made subject to the availability of funds, and selection shall be based on a first-come, first-served basis of all eligible applicants.

B. Submit a copy of the applicant’s letter of acceptance or other proof of acceptance into one of the approved alternate route programs of study. The letter of acceptance should indicate that the applicant has been fully admitted or admitted as a regular student. Provisional or conditional admission is not accepted.

C. Submit proof of a minimum 3.0 college grade point average (GPA) on a 4.0 scale on the final sixty (60) credit hours of baccalaureate work. The required non- cumulative GPA should be calculated by the graduating institution and submitted to the Board. The Board will not calculate the non-cumulative GPA based on submission of a cumulative transcript.

D. Participate in Entrance Counseling, signify understanding of the TESA Rules and Regulations, enter into a Contract and Note with the Board pursuant to the applicable Rules and Regulations and all applicable State laws, and complete, sign and return the Self Certification of a Private Loan form prior to the disbursement of funds. Note: The Contract and Note will be issued once the applicant has been awarded. Funds will not be disbursed until the Contract and Note has been signed.

III. AMOUNT AND LENGTH OF FORGIVABLE LOAN

A. The amount of the annual award shall equal the published cost of the approved alternate route program in which the student is enrolled, not to exceed $5,000. For students enrolled in MAT programs, the TESA award shall cover only the published cost of the 12 credit hours needed to obtain a renewable five-year Class A Mississippi Educator License.

B. Students may receive funds to participate in only one of the approved alternate route programs of study and may receive only one award.

C. Awards shall be disbursed directly to the school of attendance or alternate route education provider, upon receipt of an invoice. It is the responsibility of the award recipient to submit invoice(s) to the Board for payment.

D. TESA recipients are expected to complete the certification process in a timely manner, regardless of the amount of time allowed for completion of the process by a given program of study. Therefore, if an award recipient is billed in multiple invoices for a single program of study, the award recipient must submit all

subsequent invoices to the Board within fifteen (15) calendar months of the date of the original invoice submission.

E. Recipients of the Critical Needs Teacher Forgivable Loan (CNTP), the William Winter Teacher Forgivable Loan (WWTS), and the Teacher Education Scholars Forgivable Loan (TES) are not eligible for TESA funds. Recipients of the Critical Needs Alternative Route Teacher Forgivable Loan (CNAR) or the William Winter Alternate Route Teacher Forgivable Loan (WWAR), who meet all TESA eligibility requirements, may be eligible for TESA funds. Such recipients will be required to repay both loans according to the terms of their contracts, but may not fulfill the service requirement for both programs concurrently.

IV. RECIPIENT RESPONSIBILITIES

A. The TESA award recipient is responsible for submitting invoices to the Board for payment.

B. A TESA recipient must maintain good standing in the alternate route program of study in which he/she is enrolled at all times.

C. A TESA recipient must complete an approved alternate route program of study and obtain a renewable five-year Class A Mississippi Educator License. A TESA recipient who fails to complete an approved alternate route program of study or fails to obtain the appropriate license shall immediately become liable to the Board for the sum of all outstanding TESA awards, plus a penalty of 5% of the outstanding principal, and interest on the combined outstanding principal and penalty.

D. While receiving funds, the TESA recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the TESA recipient’s student account online at www.mississippi.edu/financialaid. Once in repayment, the TESA recipient must at all times keep the Board or its loan servicer informed of the recipient’s current, correct, and complete contact information until the debt is completely satisfied.

E. A TESA recipient should address in writing to the Board or its loan servicer any special circumstances regarding withdrawal from the program of study or failure to complete the approved program of study.

V. REPAYMENT

A. A TESA forgivable loan recipient enters repayment when the recipient completes the approved program of study, withdraws from school, or fails to complete the approved program of study. The recipient may satisfy his/her forgivable loan debt either by cancellation through service or by loan repayment.

B. Cancellation through Teaching Service

A TESA forgivable loan recipient must meet all of the following criteria to qualify for debt cancellation through teaching service:

a) Obtain the appropriate educator’s license, as determined by the State Board of Education.

A TESA forgivable loan debt shall be cancelled on the basis of one year’s service for one annual forgivable loan award received. For all TESA recipients, such service shall never be less than one (1) year regardless of the length of study provided under this forgivable loan.
At the time of separation from the approved program of study, unless granted a grace period or other type of deferment, the TESA forgivable loan recipient must request in writing a deferment of the accrual of interest and repayment of principal and penalty for purposes of completing the service option. The service deferment request must be accompanied by evidence of appropriate employment as defined in Section V.B.1.
At the end of each service deferment period, the TESA forgivable loan recipient must request in writing a cancellation of the equivalent of one annual award.
The service deferment and cancellation must be requested in writing and approved each year until the debt is fully satisfied.

C. Loan Repayment

Unless granted a grace period or other deferment, a TESA forgivable loan recipient shall become liable to the Board for the sum of all TESA forgivable loan awards made to that person less the corresponding amount of debt previously cancelled through service, plus a penalty of 5% of the

outstanding principal, and interest on the combined outstanding principal and penalty, immediately at the time of occurrence of one of the following events:

a) The recipient withdraws from school;

b) The recipient fails to complete the approved program of study;

c) The recipient fails to obtain the appropriate license; or

d) The recipient fails to complete the service option defined in Section V.B.

At the time of the occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, a 5% penalty will be applied to the sum of all TESA forgivable loan awards made to the recipient less any amount previously cancelled through service.
The rate of interest charged a TESA forgivable loan recipient on the combined outstanding principal and penalty shall be the current unsubsidized Federal Stafford Loan rate at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment.
Interest begins accruing at the time of occurrence of one of the events outlined in Section V.C.1. or upon termination of a grace period or other deferment, and repayment commences one (1) month after the occurrence of the event.
Forgivable loan recipients must repay the loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments. If the recipient fails to repay his/her loan (principal, penalty, and interest thereon) in 60 or less equal consecutive monthly installments, all principal, penalty, and interest outstanding, together with costs of collection, shall become immediately due and payable, and demand shall be made by mailing the same to the obligor at the last address furnished by said obligor. Should payment of the sum due not be made in full within thirty (30) days from the date demand was made, the Contract and Note executed by the obligor shall be placed with a collection agency or an attorney for collection, at which point the obligor shall become liable for reasonable collection or attorneys' fees, which may be based on a percentage of the amount of the debt, and court costs, in addition to the other sums due and owing.

D. The obligations made by the recipient of this forgivable loan shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan.

E. Special circumstances regarding a recipient’s failure to complete the service option and/or fulfill the loan obligation should be addressed in writing to the Board or its loan servicer.

VI. GRACE PERIOD AND OTHER DEFERMENTS

A. Grace Period

Upon completion of the approved program of study, the TESA forgivable loan recipient will be granted a 12-month grace period, during which the recipient should obtain the appropriate license and secure appropriate employment as defined in Section V.B.1.
A TESA forgivable loan recipient who does not complete the approved program of study will not be granted a 12-month grace period and will enter repayment immediately upon separation from the approved program of study.

B. Temporary Disability Deferment

A TESA forgivable loan recipient in repayment who is unable to secure or continue employment because of temporary total disability may request deferment of the accrual of interest and the repayment of principal and penalty. To qualify, a recipient must be unable to work and earn money due to the disability for at least sixty (60) days, or be providing continuous care for a dependent or spouse during a period of at least (90) consecutive days.
The temporary disability deferment must be requested in writing to the Board or its loan servicer and must be accompanied by certification from a doctor of medicine or osteopathy who is legally authorized to practice medicine.
The temporary disability deferment must be requested by the recipient and approved every six (6) months throughout the duration of the deferment and condition for a total period of time not to exceed three (3) years.

C. Military Service Deferment

In terms of military service the following definitions shall apply:

a) REQUIRED military service is that service which is required of an individual in the service of the Armed Forces of the United States;

it does not include a military service obligation incurred to repay a grant, stipend or scholarship granted the individual prior to, during, or after the award under the TESA program.

A TESA forgivable loan recipient shall be eligible for deferment of the accrual of interest and the repayment of principal and penalty during the time of required military service.
The military deferment must be requested in writing to the Board or its loan servicer, stating beginning and ending dates of such required military service, and must be accompanied by a copy of the military orders.
The military deferment must be requested by the recipient and approved on a year-to-year basis (annually).
If a recipient continues military service for any reason beyond the REQUIRED time, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.
If a recipient obligates himself/herself to VOLUNTARY military service prior to, during, or after the TESA award, then that person shall be declared ineligible for military deferment and the remaining unsatisfied principal, penalty, and interest shall become due and payable to the Board according to the terms outlined in Section V.C.

VII. CANCELLATION OF DEBT

A. Death

If an individual recipient dies, then the recipient's obligation to repay the loan or render service is canceled.
The Board shall require a copy of the death certificate or other proof of death that is acceptable under applicable State Law. If a death certificate or other acceptable proof of death is not available, the recipient's obligation for service or repayment on the loan is canceled only upon a

determination by the Board on the basis of other evidence that the Board finds conclusive.

The Board may not attempt to collect on the loan from the deceased recipient's estate.

B. Total and Permanent Disability

If the Board determines that an individual recipient is totally and permanently disabled, the recipient's obligation to make any further payments of principal, penalty, and interest on the loan is canceled. A recipient is not considered totally and permanently disabled on the basis of a condition that existed before he/she applied for the forgivable loan, unless the recipient's condition has substantially deteriorated since he/she submitted the forgivable loan application, so as to render the recipient totally and permanently disabled.
After being notified by the recipient or the recipient's representative that the recipient claims to be totally and permanently disabled, the Board shall promptly request that the recipient or the recipient's representative obtain a certification from a physician, who is a doctor of medicine or osteopathy and legally authorized to practice, on a form provided or approved by the Board and other necessary documents as requested, that the recipient is totally and permanently disabled. The Board shall continue collection until it receives the certification or receives a letter from a physician stating that the certification has been requested and that additional time is needed to determine if the recipient is totally and permanently disabled. After receiving the physician's certification or letter and other necessary documents as requested and the student is found to be totally and permanently disabled, the Board may not attempt to collect from the recipient.
If the Board determines that a loan owed by a recipient, who claims to be totally and permanently disabled, is not eligible for cancellation for that reason, or if the Board has not received the physician's certification and other requested documents, as described in Section VII.B.2., within 60 days of the receipt of the documents as described in Section VII.B.2., the Board shall resume collection and shall be deemed to have exercised forbearance of payment of principal, penalty, and interest from the date the Board received the documents described in Section VII.B.2. until such a determination of ineligibility is made by the Board.

C. Bankruptcy

TESA forgivable loans are nondischargeable in bankruptcy.

VIII. WARRANTY

The acceptance of the TESA forgivable loan by each recipient shall serve to appoint the Secretary of State of the State of Mississippi as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the TESA Forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.

IX. AUTHORIZATION

The acceptance of the TESA forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient’s loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient’s cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.

History

Source: Miss. Code Ann. § 37-106-79.

Part 687 Nurse Retention Loan Repayment Program (NULR) Rules and Regulations

Chapter 1 Nurse Retention Loan Repayment Program (NULR) Rules and Regulations

10 Miss. Admin. Code Pt. 687, R. 1.1 Nurse Retention Loan Repayment Program (NULR) Rules and Regulations

The Skilled Nursing Home and Hospital Nurses Retention Loan Repayment Program was established by the 2023 Legislature. These Rules and Regulations are promulgated to govern the program and are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board").

I. GENERAL ELIGIBILITY

A. The applicant must be a U.S. citizen and current legal resident of Mississippi. Resident status for purposes of receiving NULR under this act shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., with the exception of Section 37- 103-17.

B. The applicant must have obtained a current relevant Mississippi professional license.

C. First-time applicants must have gained employment as a full-time licensed practical nurse or licensed registered nurse at a skilled nursing home in the State of Mississippi or a general acute care hospital in the State of Mississippi that is licensed by the Mississippi State Department of Health.

D. Renewal applicants must be employed as a full-time licensed practical nurse or licensed registered nurse at a skilled nursing home in the State of Mississippi or a general acute care hospital in the State of Mississippi that is licensed by the Mississippi State Department of Health.

E. The applicant must work full-time as a licensed practical nurse or licensed registered nurse at a single qualified skilled nursing home or general acute care hospital in the State of Mississippi for a period of not less than one (1) calendar year.

F. The applicant must have outstanding qualifying educational loans. Qualifying educational loans include the principal, interest, and related expenses such as the required interest premium on the unpaid balances of government (federal, state or local) and commercial loans obtained by the recipient for postsecondary educational expenses. Perkins loans do not qualify for repayment under NULR.

G. The applicant must not have received funds from the Nursing Education Forgivable Loan Program – BSN (NELB), Nursing Education Forgivable Loan Program – RN to BSN (NELR), Nursing Education Forgivable Loan Program – MSN (NELM), Nursing Education Forgivable Loan Program – RN to MSN (NERM), Nursing Education Forgivable Loan Program – PHD/DNP (NELP), Nursing Teacher Stipend Forgivable Loan Program (NTSP) or any other state forgivable loan.

H. The applicant must not presently be in default or delinquent on any federal, state, local or commercial qualifying educational loan.

II. APPLICATION REQUIREMENTS FOR LOAN REPAYMENT APPLICANT

A. First time applicants must:

Complete the Mississippi Aid Application (MAAPP) online at www.msfinancialaid.org by the deadline date of September 15 of the year for which the nurse is seeking loan repayment.
Submit the following documents to the Board by October 15 of the same year.

a) One form of proof of Mississippi residency. A valid Mississippi Driver’s License or Identification number submitted during the online application process will fulfill this requirement.

b) Proof of the applicant’s current practical nursing license or registered nursing license.

c) A complete, executed employment verification form documenting dates of full-time employment in a qualified skilled nursing home or general acute care hospital in the State of Mississippi.

d) A completed Loan Data Verification form. (This form is completed as part of the online application process.)

e) Documentation from the lender or loan servicer for state, local, or commercial loans that shows the loan’s current balance, status (deferred, repayment, etc.), type, and date of disbursement. (Additional documentation will be collected only for private loans for which information is unavailable on the National Student Loan Data System, NSLDS.)

B. Renewal applicants must:

Complete the Mississippi Aid Application (MAAPP) online at www.msfinancialaid.org by the deadline date of September 15.
Submit the following documents to the Board by October 15.

a) One form of proof of continued Mississippi residency. A valid Mississippi Driver’s License or Identification number submitted during the online application process will fulfill this requirement.

b) A complete and properly executed employment verification form documenting dates of full-time employment in a qualified skilled nursing home or general acute care hospital in the State of Mississippi.

c) A completed Loan Data Verification form. (This form is completed as part of the online application process.)

d) Documentation from the lender or loan servicer for state, local, or commercial loans that shows the loan’s current balance, status (deferred, repayment, etc.), type, and date of disbursement. (Additional documentation will be collected only for private loans for which information is unavailable on the National Student Loan Data System, NSLDS.)

III. AWARD RECIPIENTS

A. Awards will be made to applicants with outstanding postsecondary educational loans. Qualifying educational loans include the principal, interest, and related expenses such as the required interest premium on the unpaid balances of government (federal, state, or local) and commercial loans obtained by the recipient for postsecondary educational expenses. Perkins loans do not qualify for repayment under NULR.

B. Recipients shall be selected on a first-come, first-served basis of all eligible applicants and shall be limited by available funding.

C. In the second and subsequent years of the program, priority consideration shall first be given to renewal applicants.

IV. AMOUNT AND LENGTH OF LOAN REPAYMENT

A. Awards shall be up to six thousand dollars ($6,000) per year for a maximum of three (3) years.

B. The annual award amount shall never exceed the outstanding balance of the qualifying educational loan.

C. Awards shall be granted annually, and recipients shall have no obligation to seek a future award.

D. Awards shall be paid annually to the recipient’s lender/loan servicer and applied to the outstanding balance. Monies paid on the recipient’s behalf toward qualifying educational loans prior to receiving a NULR award will not be eligible for repayment through the NULR program.

E. Funds are provided for the repayment of postsecondary education loans only. Funds are not provided for the repayment of personal loans, even if the personal loan was used to pay for postsecondary education.

V. RECIPIENT RESPONSIBILITIES

A. The recipient must maintain a current relevant Mississippi professional license while participating in the program.

B. The recipient must be employed full-time as a licensed practical nurse or licensed registered nurse at a skilled nursing home in the State of Mississippi or a general acute care hospital in the State of Mississippi that is licensed by the Mississippi State Department of Health.

C. By July 31 at the conclusion of the recipient’s employment year, the recipient must submit to the Board an annual Employment Verification Form. The form must be received for the Board to disburse the offered award amount to the loan servicer.

D. While receiving funds, the NULR recipient must at all times keep the Board informed of the recipient’s current, correct, and complete contact information. This information may be updated via the NULR recipient’s MAAPP account online.

History

Source: SB 2373, 2023 Legislative Session and SB 2848, 2024 Legislative Session

Part 691 Dual Enrollment/Dual Credit Scholarship Rules and Regulations

Chapter 1 Dual Enrollment/Dual Credit (DEDC) Scholarship Rules and Regulations

10 Miss. Admin. Code Pt. 691, R. 1.1 Dual Enrollment/Dual Credit (DEDC) Scholarship Rules and Regulations

The Dual Enrollment/Dual Credit Scholarship program was created by the 2023 Mississippi Legislature to provide funds for Mississippi students to earn college credit while still in high school. These Rules and Regulations serve to guide the administration of the program and are subject to change by the Mississippi Postsecondary Education Financial Assistance Board.

I. GENERAL STUDENT ELIGIBILITY

A. The applicant must be a current legal resident of Mississippi. Resident status for purposes of receiving DEDC shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29 of Ms. Code Ann., except for Section 37-103-17.

B. The applicant must be classified as a junior or senior and enrolled in a Mississippi public high school or charter high school.

C. The applicant must be a dual enrolled student as defined in Section 37-15-38(1)(a) or a dual credit student as defined in Section 37-15-38(1)(b) who is enrolled in an eligible course in an eligible, participating public or not-for-profit postsecondary institution in Mississippi.

D. The applicant must meet the criteria outlined in the published Procedures Manual for the State of Mississippi Dual Enrollment and Accelerated Programs.

E. The applicant must not be considered an “early college” student.

F. The applicant must submit the Dual Enrollment/Dual Credit application online at www.msfinancialaid.org by the deadline date.

II. STUDENT APPLICATION REQUIREMENTS

A. Complete the application for the Dual Enrollment/Dual Credit Scholarship program online at www.msfinancialaid.org on or before March 15 during the spring of the academic year for which the student is seeking assistance. After the inaugural year, the application will open for all terms on April 1 each year.

B. Be classified as eligible by an authorized official at the high school. To be classified as eligible by the high school, an applicant must:

a. Be a Mississippi resident.

b. Be classified as a junior or senior in a Mississippi public high school or charter high school. Applicants cannot be high school graduates.

c. Meet the criteria outlined in the published Procedures Manual for the State of Mississippi Dual Enrollment and Accelerated Programs.

C. Be verified by an eligible, participating public or not-for-profit profit postsecondary institution in Mississippi as a dual enrolled student as defined in Section 37-15-38(1)(a) or a dual credit student as defined in Section 37-15- 38(1)(b) who is enrolled in an eligible course listed in the Procedures Manual for the State of Mississippi Dual Enrollment and Accelerated Programs.

D. Participate in an advising component related to the Mississippi Articulation and Transfer Tool (MATT) to understand how postsecondary course credits transfer.

III. LENGTH AND AMOUNT OF AWARD

A. Scholarship recipients may enroll in up to six (6) credit hours in an eligible, participating postsecondary institution at no cost for tuition.

B. Scholarship recipients may use the award during a single term or spread the award over multiple terms.

C. Scholarship recipients may use the award at a single institution during any given term.

D. Eligible participating institutions will be reimbursed at the rate of forty percent (40%) of the average community college credit hour tuition for the current academic year for each DEDC scholarship recipient.

E. Books, course materials, tools, supplies, lab fees, transportation costs and other applicable course fees are not included in the amount to be reimbursed and are ultimately the responsibility of the student.

F. All awards are dependent upon the availability of funds. Selection of recipients shall be based on a first-come, first-served basis of all eligible applicants.

G. Payment of DEDC awards shall be disbursed directly to the educational institutions.

IV. INSTITUTIONAL AND HIGH SCHOOL REQUIREMENTS AND RESPONSIBILITIES

A. Institutional participation is optional.

B. Any public state-supported two-year or four-year institution or any eligible not- for-profit private institution in Mississippi may choose to participate in the DEDC program.

C. Participating institutions may choose to exclude specific centers, branch campuses, collegiate academies, and middle colleges within their governance from participating in the DEDC program.

D. To participate in the DEDC program, institutions and high schools must adhere to all guidelines prescribed in the Procedures Manual for the State of Mississippi Dual Enrollment and Accelerated Programs.

E. To participate in the DEDC program, institutions must agree to charge DEDC scholarship recipients a tuition rate equal to forty percent (40%) of the average community college credit hour tuition for the current academic year.

F. To participate in the DEDC program, institutions must work with high schools to verify that all DEDC scholarship recipients meet the academic or other requirements prescribed in the Procedures Manual for the State of Mississippi Dual Enrollment and Accelerated Programs and are enrolled in eligible courses. Institutions will verify student eligibility by including the student on the enrollment verification report that is submitted each term to the Mississippi Office of Student Financial Aid.

G. The Board may conduct annual audits of any participating high school, student, and/or institution to ensure compliance with these Rules and Regulations and the authorizing statute.

History

Source: Miss. Code Ann. § 37-106-85 through § 37-106-93.

STATE LONGITUDINAL DATA SYSTEMS GOVERNING BOARD STATE LONGITUDINAL DATA SYSTEMS GOVERNING BOARD

Part 501 Part 501: Statewide Longitudinal Data System Governing Board Rules & Regulations

Chapter 10 PUBLIC RECORDS

10 Miss. Admin. Code Pt. 501, R. 10.1 Statutory authority and purpose

These public records rules are promulgated by the SLDS Governing Board in compliance with the Mississippi Public Records Act of 1983, Miss. Code Ann. §25-61-1, et seq., except as noted in 3-3.2-D of these regulations. “It is the policy of the Legislature that public records must be available for inspection by any person unless otherwise provided by this act. Furthermore, providing access to public records is a duty of each public body and automation of public records must not erode the right of access to those records.” Section 25-61-1, Miss. Code of 1972.

“[A]ll public records are hereby declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of a public body in accordance with reasonable written procedures adopted by the public body concerning the cost, time, place and method of access, and public notice of the procedures shall be given by the public body.” Section 25-61-5, Miss. Code of 1972.

The act defines "public record" to include any "all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body.” Section 25-61-3(b).

The purpose of these rules is to establish the procedures the SLDS Governing Board will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the SLDS Governing Board and establish processes for both requestors and SLDS Governing Board staff that are designed to best assist members of the public in obtaining such access.

The purpose of the act is to provide the public full access to public records concerning the conduct of government. The act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the SLDS Governing Board will be guided by the provisions of the act describing its purposes and interpretation.

If the Contractor receives a public records request for information pertaining to SLDS or any

data contributors, the third-party contractor shall immediately inform all SLDS Governing Board members.

History

Source: Miss. Code Ann. §37-154-3

10 Miss. Admin. Code Pt. 501, R. 10.2 Contact information

Any person wishing to request access to public records of the SLDS Governing Board, or seeking assistance in making such a request should make the request in writing to the third-party contractor. Information is also available on the LifeTracks website at www.lifetracks.ms.gov.

History

Source: Miss. Code Ann. §37-154-3

10 Miss. Admin. Code Pt. 501, R. 10.3 Availability of public records

Any person wishing to request access to public records of the SLDS Governing Board is encouraged to view the documents available on the LifeTracks website prior to submitting a records request. Meeting minutes shall be posted on Lifetracks.

A. Any person wishing to inspect or copy public records of the SLDS Governing Board should make the request in writing to the third-party contractor and including the following information:

Name of requestor;
Address of requestor;
Other contact information, including telephone number and any e- mail address;
Identification of the public records adequate so that the record may be located; and
The date and time of day of the request.

B. If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. The SLDS Governing Board shall determine the cost of providing access to and/or copies of the records being requested. Upon receipt of the payment (cash, check, or money order) of the estimated costs in advance, the SLDS Governing Board will provide copies of the records.

History

Source: Miss. Code Ann. §37-154-3

10 Miss. Admin. Code Pt. 501, R. 10.4 Processing of public records requests

The SLDS Governing Board acknowledges that “providing access to public records is a duty” and that “any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record” in accordance with these rules (Miss. Code Ann. §25-61-1 and §25-61-5). The SLDS Governing Board will process requests in the order allowing the most requests to be processed in the most efficient manner.

A. Acknowledging receipt of request. Within seven (7) business days of receipt of the request, the SLDS Governing Board designee shall provide an estimate of time required and associated cost to the requestor.

Make the records available for inspection or copying;
If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;
Provide a reasonable estimate of when records will be available; for records that do not fall within the provisions of Mississippi Code Annotated §25- 61-9 regarding third party notification requirements, the SLDS Governing Board designee will provide a written explanation if the records cannot be produced within the seven (7) business day period;
If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The SLDS Governing Board designee may revise the estimate of when records will be available;
Deny the request, with documentation to the requestor as to the reason for denial.

B. Consequences of failure to respond. If the SLDS Governing Board designee does not respond in writing within seven (7) business days of receipt of the request for disclosure, the requestor should consider contacting the SLDS Governing Board designee to determine the reason for the failure to respond.

C. Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the SLDS Governing Board designee may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

D. Denial of request.

Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the SLDS Governing Board designee believes that a record is exempt from disclosure and should be withheld, the SLDS Governing Board designee will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the SLDS Governing Board designee will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.
Record does not exist or SLDS Governing Board does not have the record. The SLDS Governing Board must only provide access to public records in existence at the time of the request. If a public record is created or comes into the possession of the SLDS Governing Board after the request is received by the SLDS Governing Board, that record will not be provided. The requestor must make a new request to obtain subsequently- created public records.

E. Inspection of records. Consistent with other demands and with prior written notice by the requestor to the SLDS Governing Board, it shall promptly provide space to inspect nonexempt public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the public body to copy.

The requestor must claim or review the assembled records within ten (10) business days of the SLDS Governing Board notification to him or her that the records are available for inspection or copying. The SLDS Governing Board will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the SLDS Governing Board to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the ten-day period or make other arrangements, the SLDS Governing Board may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

F. Providing copies of records. After inspection is complete, the SLDS Governing Board shall make the requested copies or arrange for copying. The requestor must provide payment for copies at the time copies are made. Alternatively, the requestor may ask that the SLDS Governing Board provide the requested information directly to the requestor, in printed or electronic form, without prior inspection of the information by the requestor.

G. Providing records in installments. When the request is for a large number of records, the SLDS Governing Board will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within ten (10) business days, the requestor fails to inspect the entire set of records or one or more of the installments, the SLDS Governing Board or designee may stop searching for the remaining records and close the request.

H. Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, SLDS Governing Board will indicate that it has completed a diligent search for the requested records and made any located nonexempt records available for inspection.

I. Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay required fees, the SLDS Governing Board will close the request and indicate to the requestor that the SLDS Governing Board has closed the request. J. Later discovered documents. If, after the SLDS Governing Board has informed the requestor that it has provided all available records, the SLDS Governing Board becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor and data contributors of the additional documents and provide them on an expedited basis

History

Source: Miss. Code Ann. §37-154-3

10 Miss. Admin. Code Pt. 501, R. 10.5 Processing of public records requests for electronic records

With the consent of the requestor, the SLDS Governing Board may provide customized access if the record is not reasonably locatable or not reasonably translatable into the format requested. The SLDS Governing Board may charge the actual cost for such customized access.

History

Source: Miss. Code Ann. §37-154-3

10 Miss. Admin. Code Pt. 501, R. 10.6 Exemptions

The Public Records Act, as well as other statues and court decisions, provide that a number of types of documents are exempt from public inspection and copying. In addition, other statutes or rules of law, such as various privacy restrictions, may prohibit disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the SLDS Governing Board for inspection and copying. This list is provided for informational purposes only and may not be all- inclusive:

• Academic records exempt from public access, see § 37-11-51. • Appraisal records exempt from access, see § 31-1-27. • Archaeological records exempt from public access, see § 39-7-41. • Attorney work product, examination, exemption, see § 25-1-102. • Birth Defects Registry, see § 41-21-205. • Bureau of vital statistics, access to records, see § 41-57-2. • Charitable organizations, registration information, exemption from public access, see § 79-11-527. • Concealed pistols or revolvers, licenses to carry, records, exemption, see § 45-9-101. • Confidentiality, ambulatory surgical facilities, see § 41-75-19. • Defendants likely to flee or physically harm themselves or others, see § 41- 32-7. • Environmental self-evaluation reports, public records act, exemption, see § 49-2-71. • Hospital records, Mississippi Public Records Act exemption, see § 41-9-68. • Individual tax records in possession of public body, exemption from public access requirements, see § 27-3-77. • Insurance and insurance companies, risk based capital level requirements, reports, see § 83-5-415. • Judicial records, public access, exemption, see § 9-1-38. • Jury records exempt from public records provisions, see § 13-5-97. • Licensure application and examination records exemption from Public Records Act, see § 73-52-1. • Medical examiner, records and reports, see § 41-61-63. • Personnel files exempt from examination, see § 25-1-100. • Public records and trade secrets, proprietary commercial and financial information, exemption from public access, see § 79-23-1. • Workers' compensation, access to records, see § 71-3-66. • Records subject to privilege, such as Attorney/Client, Physician/Patient, etc.

SLDS Governing Board will describe why each withheld record or redacted portion of a record is exempt from disclosure.

History

Source: Miss. Code Ann. §37-154-3

10 Miss. Admin. Code Pt. 501, R. 10.7 Third-party information

Upon request to inspect or copy any third-party document, the SLDS Governing Board shall notify the third party who filed the document. Seven (7) working days after such notice, the document will be made available for public inspection

and/or copying unless the third party shall have either (i) obtained a court order protecting such records as confidential pursuant to Section 25-61-9, Miss. Code of 1972 or (ii) furnished the SLDS Governing Board a copy of the filed petition for a protective court order, providing the petition was timely filed upon the third party’s receipt of notification from the SLDS Governing Board regarding the request for information.

The third party must prove to the court’s satisfaction that the record or portion of the records is exempt from disclosure and must deliver the court order preventing the release of all or part of the information to the SLDS Governing Board prior to the deadline to prevent disclosure of the information. The third party must name the requestor as a party to any action to enjoin disclosure.

The SLDS Governing Board will not make a determination as to whether a requested record provided by a third party contains trade secrets or confidential commercial or financial information. The SLDS Governing Board will provide the third-party notice as outlined above and allow the court to determine if a protective order should be issued.

Documents are frequently produced by the SLDS Governing Board that contain specific information directly obtained from a third party and, as such, may be subject to third party notice as described above.

History

Source: Miss. Code Ann. §37-154-3

10 Miss. Admin. Code Pt. 501, R. 10.8 Costs for fulfilling a request

Costs of providing public records shall be determined in accordance with Miss. Code Ann. §25-61-7(1) that reads as follows: “Except as provided in subsection (2) of this section, each public body may establish and collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual cost of searching, reviewing and/or duplicating and, if applicable, mailing copies of public records.”

A. A requestor may obtain standard black and white photocopies for 15 cents per page and color copies for 15 cents per page. Copy charges for some specific types of records are set by statute and may exceed the amount stated above. Before copies can be made and/or provided to the requestor, the requestor must pre-pay all reasonably estimated costs of copying all the records selected by the requestor. The SLDS Governing Board may also require the payment of the remainder of the copying costs before providing all the records in an installment before providing that installment. The SLDS Governing Board will not charge sales tax when it makes copies of public records.

B. Costs for electronic records. The cost of electronic copies of records shall be specified as the media cost for a CD. The cost of scanning existing SLDS Governing Board paper or other non-electronic records will be calculated at the hourly service rate. There will be no charge for e-mailing electronic records to a requestor, unless another cost applies such as a scanning fee or system costs.

C. Costs of mailing. The SLDS Governing Board may also charge actual costs of mailing, including the cost of the shipping container.

D. Payment. Payment may be made by cash, check, or money order to the SLDS Governing Board for the amount specified.

E. Charges for searching, reviewing and redacting. The actual cost of searching for and reviewing and, if necessary, redacting exempt information from public records shall be based upon the hourly service rate multiplied by the actual time to complete the task.

History

Source: Miss. Code Ann. §37-154-3

10 Miss. Admin. Code Pt. 501, R. 10.9 Review by Ethics Commission

Pursuant to Section 25-61-13, if the SLDS Governing Board denies a requestor access to public records, the requestor may ask the Ethics Commission to review the matter. The Ethics Commission has adopted rules on such requests. They may be found at www.ethics.state.ms.us.

Any person whose request for public records was denied may institute a suit in the chancery court of Hinds County, seeking to reverse the denial, as set forth in Section 25- 61-13.

History

Source: Miss. Code Ann. §37-154-3

Chapter 11 RULEMAKING ORAL PROCEEDINGS

10 Miss. Admin. Code Pt. 501, R. 11.1 Rulemaking oral proceedings

These rules apply to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules for the SLDS Governing Board.

When a political subdivision, an agency, or ten (10) persons request an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request.

A. Each request must be submitted on 8-1/2” x 11” white paper.

B. The request may be in the form of a letter addressed to the Chair of the SLDS Governing Board or in the form of a pleading as if filed with a court.

C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State’s Office for publication in the Administrative Bulletin. The SLDS Governing Board shall provide notice of oral proceedings to all persons requesting notification of proposed rule adoptions. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The Chair of the SLDS Governing Board or designee who is familiar with the substance of the proposed rule shall preside at the oral proceeding on a proposed rule.

Public participation shall be permitted at oral proceedings, as follows:

C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

E. Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may be submitted at the oral proceeding.

F. Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule- making proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

Physical and documentary submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the SLDS Governing Board, part of the rulemaking record, and are subject to the SLDS Governing Board public records request procedure. The SLDS Governing Board may record oral proceedings by stenographic or electronic means.

History

Source: Miss. Code Ann. §37-154-3

Chapter 12 DECLARATORY OPINIONS

10 Miss. Admin. Code Pt. 501, R. 12.1 Declaratory Opinions

The SLDS Governing Board will issue declaratory opinions regarding the applicability to specified facts of: A. A statute administered or enforceable by the SLDS Governing Board;

B. A rule or regulation promulgated by the SLDS Governing Board; or,

C. An order issued by the SLDS Governing Board.

A request must be limited to a single transaction or occurrence.

When a person with substantial interest, as required by Miss. Code Annotated §25-43- 2.103, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request.

A. Each request must be submitted on 8-1/2” x 11” white paper.

B. The request may be in the form of a letter addressed to the Chair of the SLDS Governing Board or in the form of a pleading as if filed with a court.

C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

E. Each request must clearly state that it is a request for a declaratory opinion.

Any party who signs the request 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 agency, administrative, or judicial tribunal.

Each request must contain the following:

A. A clear identification of the statute, rule, regulation, or order at issue;

B. The question for the declaratory opinion;

C. A clear and concise statement of all facts relevant to the question presented;

E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

The SLDS Governing Board 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 the following: A. The matter is outside the primary jurisdiction of the SLDS Governing Board;

B. There is a lack of clarity concerning the question presented;

D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

E. The facts presented in the request are not sufficient to answer the question presented;

F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order;

I. The question presented by the request concerns the legal validity of a statute, rule, or order;

J. 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;

K. No clear answer is determinable;

L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime; M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

N. The question is currently the subject of an Attorney General’s opinion request;

O. The question has been answered by an Attorney General’s opinion; P. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question;

Q. 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; or,

R. The question involves eligibility for a license, permit, certificate, or other approval by the SLDS Governing Board or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the SLDS Governing Board shall, in writing:

A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances;

B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or,

C. Decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first business day after which the request is received by the SLDS Governing Board.

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinion and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

Source: Miss. Code Ann. §37-154-3

Chapter 13 REVIEW AND AUDIT

10 Miss. Admin. Code Pt. 501, R. 13.1 Review and Audit

These rules and regulations shall be subject to review by an SLDS Governing Board committee on annual basis as set forth by the SLDS Governing Board Chair. The SLDS Governing Board committee shall prepare a report including recommendations for any actions to be considered by the convened governing board.

History

Source: Miss. Code Ann. §37-154-3