2014 Mississippi Code
Title 37 - EDUCATION
Chapter 28 - MISSISSIPPI CHARTER SCHOOLS ACT OF 2013
§ 37-28-47 - Qualifications of charter school employees; applicability of Education Employment Procedures Law [Repealed effective July 1, 2020]
(1) (a) 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 at the time the initial charter application is approved by the authorizer. 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 initial application approval by the authorizer, all teachers must have, at a minimum, alternative licensure approved by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.
(b) A charter school may not staff positions for teachers, administrators, ancillary support personnel or other employees by utilizing or otherwise relying on nonimmigrant foreign worker visa programs. However, a charter school may submit a request to the authorizer for an exception allowing the employment of a nonimmigrant foreign worker before the worker is employed. The authorizer may grant permission for the employment of the nonimmigrant foreign worker only if the charter school makes a satisfactory showing of efforts to recruit lawful permanent residents of the United States to fill the position and a lack of qualified applicants to fill the position.
(2) Employees in charter schools must have the same general rights and privileges as other public school employees, except such employees are not:
(a) Covered under the Education Employment Procedures Law (Section 37-9-103);
(b) Subject to the state salary requirements prescribed in Section 37-19-7; and
(c) Members of the Public Employees' Retirement System.
(3) Employees in charter schools are eligible for participation in retirement and other benefits programs in which the charter school chooses to make available to its employees.
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