Can Mississippi charter schools operate as hybrid in-person/online or as virtual-only schools?
Plain-English summary
Mississippi's Charter Schools Act of 2013 created a framework for public charter schools, with the Mississippi Charter School Authorizer Board as the gatekeeper for approving charters. The executive director of the Authorizer Board asked the AG two related questions:
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Can a charter school be a hybrid school, mixing in-person and online instruction? Yes. The statute expressly contemplates virtual courses. Section 37-28-43(6) says: "Subject to the approval of the authorizer, a charter school may contract with an accredited online course provider for the delivery of virtual courses to students enrolled in the charter school." Section 37-11-81 also authorizes charter schools to offer digital or online resources to students. So a charter school that combines in-person classes with virtual classes is within the statutory framework, subject to Authorizer Board approval.
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Can a charter school be virtual-only, with no physical campus? The statute is silent. The AG declined to definitively answer yes or no but laid out the analytical framework. The Charter Schools Act repeatedly references physical location: it talks about charter schools being "geographically located within the boundaries of a particular school district" (§ 37-28-45(3)), enrolling students "who reside within" specific districts (§ 37-28-23), having "the location or geographic area proposed for the school" listed in the request for proposals (§ 37-28-15(4)(c)), meeting "all building, health, safety, insurance and other legal requirements before the school's opening" (§ 37-28-21(3)), and "acquiring real property for use as its facility or facilities" (§ 37-28-41(e)). The Act also requires charter schools to have a transportation plan (§ 37-28-43(5)) and to comply with the minimum-days-in-session statute (§ 37-13-63(1)).
These provisions presuppose a physical campus. The AG concluded that whether a virtual-only charter school complies with the Act is a determination for the Authorizer Board. The Board has the rulemaking and approval authority under § 37-28-9(1) to set chartering policies and to approve or deny applications.
The opinion also flagged that Mississippi has a separate Mississippi Virtual Public School Program under § 37-161-3(2), administered by the Mississippi Department of Education. That program is a distinct legal authority for virtual public education and is not part of the charter school framework.
What this means for you
Mississippi Charter School Authorizer Board
The opinion holds that the Act allows charter schools to provide in-person and virtual instruction if approved by the Authorizer Board (§ 37-28-43(6)), and that because virtual-only instruction is not statutorily prohibited, the Board has the discretion to determine whether the Act's provisions allow it. The opinion catalogs the Act's references to a geographic location and a physical campus, and assigns that determination to the Board.
Charter school applicants and operators
Under the opinion, a hybrid model combining in-person and virtual courses is within the Act, subject to Authorizer Board approval. A virtual-only model is neither expressly authorized nor prohibited; whether it complies with the Act is a determination the opinion leaves to the Authorizer Board.
Online course providers
The opinion confirms that, subject to the authorizer's approval, a charter school may contract with an accredited online course provider for delivery of virtual courses to students enrolled in the charter school (§ 37-28-43(6)).
Parents
The opinion describes hybrid charter schools as permissible with Authorizer Board approval. It also notes that the Mississippi Virtual Public School Program under § 37-161-3(2) is a separate framework administered by the Mississippi Department of Education, distinct from the charter school system.
Common questions
Q: What is the Mississippi Charter School Authorizer Board?
A: It is the state agency with exclusive jurisdiction to charter charter schools in Mississippi (§ 37-28-7(1)). Created by the Charter Schools Act of 2013, the Board reviews charter applications, sets chartering policy, and oversees authorized charter schools.
Q: How is a charter school different from a traditional public school?
A: Charter schools are public schools that operate under a charter agreement with the Authorizer Board. They have more flexibility than traditional public schools (in curriculum, staffing, scheduling) but are accountable to specific performance standards in the charter. They are tuition-free and open to enrollment within the geographic area specified in their charter.
Q: How does a hybrid charter school's enrollment work?
A: Students still have to be Mississippi residents and within the specified geographic area for the charter school. The hybrid model affects how instruction is delivered, not who can enroll.
Q: What is the Mississippi Virtual Public School Program?
A: A separate program under MDE that provides online courses and credits to Mississippi public school students. It is distinct from the charter school framework. Students typically take Virtual Public School courses in addition to their regular schooling, not as a replacement for it.
Q: Can a virtual-only charter school enroll students from anywhere in Mississippi?
A: That depends on what the Authorizer Board approves. Traditional charter schools are tied to specific geographic boundaries (§ 37-28-45(3)). A virtual-only school's geographic scope would be defined in its charter approval, if approved.
Q: Does the opinion address federal law?
A: No. The opinion concerns matters of state law only and does not analyze federal requirements.
Q: What does the opinion say about transportation?
A: It notes that § 37-28-43(5) requires each charter's terms to include a transportation plan, and lists that requirement among the Act's provisions that presuppose a physical campus. It does not separately opine on how a virtual or hybrid school would satisfy it; that falls within the Authorizer Board's determination.
Background and statutory framework
The Mississippi Charter Schools Act of 2013 (§§ 37-28-1 et seq.) creates the framework. The Authorizer Board's powers, § 37-28-9(1):
(a) Developing chartering policies and maintaining practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including . . . (i) Organizational capacity and infrastructure [and] (ii) Solicitation and evaluation of charter applications . . . ;
(b) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(c) Declining to approve weak or inadequate charter applications[.]
The express virtual-course authority, § 37-28-43(6):
Subject to the approval of the authorizer, a charter school may contract with an accredited online course provider for the delivery of virtual courses to students enrolled in the charter school.
Section 37-11-81 separately authorizes charter schools to offer digital and online resources to students.
Multiple sections of the Act presuppose a physical campus: § 37-28-45(3), § 37-28-7(2)(a), § 37-28-23(1), (5), § 37-28-15(4)(c), (w), § 37-28-21(3), § 37-28-41(e), § 37-28-43(5), § 37-28-61. None of these expressly prohibits virtual-only operation, but they do set up a physical-campus framework as the default.
The Mississippi Virtual Public School Program, § 37-161-3(2), is a separate framework under MDE.
Citations
- Miss. Code Ann. §§ 37-28-1 et seq. (Mississippi Charter Schools Act of 2013)
- Miss. Code Ann. § 37-28-7
- Miss. Code Ann. § 37-28-9(1)
- Miss. Code Ann. § 37-28-15(4)
- Miss. Code Ann. § 37-28-21(3)
- Miss. Code Ann. § 37-28-23
- Miss. Code Ann. § 37-28-41(e)
- Miss. Code Ann. § 37-28-43(5), (6)
- Miss. Code Ann. § 37-28-45
- Miss. Code Ann. § 37-28-61
- Miss. Code Ann. § 37-13-63(1)
- Miss. Code Ann. § 37-11-81
- Miss. Code Ann. § 37-161-3(2)
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/07/L.Karmacharya-July-9-2024-Hybrid-and-Virtual-Charter-School-Models.pdf
Original opinion text
July 9, 2024
Dr. Lisa Karmacharya
Executive Director, Mississippi Charter School Authorizer Board
239 N. Lamar Street, Suite 207
Jackson, Mississippi 39201
Re: Hybrid and Virtual Charter School Models
Dear Dr. Karmacharya:
The Office of the Attorney General has received your request for an official opinion.
Questions Presented
1) Does Mississippi law allow for the creation and operation of a hybrid charter school, which is a school that offers both in-person and virtual, online instruction?
2) Does Mississippi law allow for the creation and operation of a charter school that only provides virtual, online instruction?
Brief Response
1) The Mississippi Charter Schools Act of 2013 ("Act") allows charter schools to provide virtual classes to its students subject to the approval of the Mississippi Charter School Authorizer Board ("Authorizer Board").
2) While the Act contemplates a physical location for charter schools, it is silent on the question of virtual-only, online instruction. Thus, the Authorizer Board has the authority to determine whether allowing virtual-only, online instruction complies with the Act. If the Authorizer Board makes such determination, the operation of charter schools with virtual-only, online instruction must comply with the provisions of the Act and any applicable regulations adopted by the Authorizer Board.
Applicable Law and Discussion
The Authorizer Board is the "state agency with exclusive chartering jurisdiction in the State of Mississippi." Miss. Code Ann. § 37-28-7(1). The powers and duties of the Authorizer Board include, among other things:
(a) Developing chartering policies and maintaining practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including . . . (i) Organizational capacity and infrastructure [and] (ii) Solicitation and evaluation of charter applications . . . ;
(b) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(c) Declining to approve weak or inadequate charter applications[.]
Miss. Code Ann. § 37-28-9(1). As you point out in your request, the Act provides that "[s]ubject to the approval of the authorizer, a charter school may contract with an accredited online course provider for the delivery of virtual courses to students enrolled in the charter school." Miss. Code Ann. § 37-28-43(6); see also Miss. Code Ann. § 37-11-81 (authorizing charter schools to offer digital or online resources or databases to students with certain requirements). In response to your first question, it is the opinion of this office that Mississippi Code Annotated Section 37-28-43(6) allows charter schools to provide in-person and virtual, online instruction if approved by the Authorizer Board.
Other than Section 37-28-43(6)'s brief mention of virtual courses that charter schools may offer, the Act does not specifically allow or prohibit virtual-only, online instruction. However, the following sections of the Act offer support not only for the geographic location of a charter school but also a physical campus or building. Notably, the Act provides for charter schools to be located and serve students within a particular local school district. See Miss. Code Ann. §§ 37-28-45(3) ("[A] charter school is geographically located within the boundaries of a particular school district and enrolls students who reside within the school district. . . ."); 37-28-7(2)(a) (stating charter schools are to be authorized "within the geographical boundaries of any school district."); and 37-28-23(1), (5) (explaining the requirements for students residing within and without the geographical boundaries of the school district where a charter school is located). There also are references throughout the Act to the physical facility or location of charter schools. See Miss. Code Ann. §§ 37-28-15(4)(c), (w) (listing elements for requests for proposals, including "[t]he location or geographic area proposed for the school" and "[t]he school's plans for providing transportation, food service and all other significant operational or ancillary services."); 37-28-21(3) (stating requirements for obtaining a charter, including "that the school meets all building, health, safety, insurance and other legal requirements before the school's opening."); 37-28-41(e) (listing a charter school's discretionary authority, including "acquir[ing] real property for use as its facility or facilities, from public or private sources. . . ."); 37-28-43(5) ("The terms of each charter school must include a transportation plan for students attending the charter school."); and 37-28-61 (explaining the process for obtaining real property for use as a charter school).
Additionally, charter schools are required to comply with Section 37-13-63(1), "which prescribes the minimum number of days which public schools must be kept in session during a scholastic year." Miss. Code Ann. § 37-28-45(6)(o). Charter schools also must comply with the statewide assessment testing program. Miss. Code Ann. § 37-28-45(2).
In your request, you reference the Mississippi Virtual Public School established pursuant to Section 37-161-3(2) as possible support for allowing a charter school that only provides virtual, online instruction. We note, however, that the Legislature has given responsibility for the Mississippi Virtual Public School Program to the Mississippi Department of Education, separate and apart from the authority granted to the Authorizer Board under the Mississippi Charter Schools Act.
In response to your second question, because virtual-only, online instruction is not statutorily prohibited, and the Authorizer Board has the power and duty to determine chartering policies and practices in Mississippi, the Authorizer Board has the discretion to determine whether the foregoing sections or any other applicable provisions of the Act allow virtual-only online instruction.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General