Must Mississippi charter schools follow public school testing rules and the 2026 Mississippi Math Act?

Plain-English summary

Mississippi's Charter School Authorizer Board asked whether charter schools must follow student testing and accountability requirements that are written for ordinary public schools or school districts. The Attorney General answered yes for student assessment and accountability requirements. It read Section 37-28-45(2), which expressly subjects charter schools to those requirements, as the specific statutory reference needed under subsection (4). The Legislature did not need to name charter schools again in every assessment provision.

The opinion applies that reading to the 2026 Mississippi Math Act. Charter schools must follow the Act's student assessment requirements. The AG limited that conclusion to assessments of students and said it does not necessarily carry every district-level program administration, staffing, reporting, or governance duty over to charter schools.

The authorizer also asked about State Board of Education Accountability Standard 14 and its Individual Success Plan requirement. The AG said agency standards can apply to charter schools to the extent they implement statutory student assessment or accountability requirements. But Section 7-5-25 prevents the AG from interpreting particular agency policies. The opinion therefore does not decide whether Standard 14 or a particular part of it applies; it refers specific policy questions to the State Board or Department of Education.

What this means for you

Charter school leaders and authorizers

Under the opinion, statutory student assessment and accountability requirements apply to charter schools even when an implementing provision uses school district terminology. The 2026 Mississippi Math Act's assessments of students are within that rule. The opinion does not determine the reach of each related district-level duty or resolve a specific State Board standard.

State education officials and accountability staff

The AG recognizes that State Board policies defining or implementing statutory student assessment and accountability requirements may apply to charter schools to that extent. It leaves which particular policies apply, and how far, to the State Board or Department of Education rather than interpreting a named standard itself.

Parents of charter school students

The opinion says charter schools share the student assessment and accountability requirements applicable to noncharter public schools. The conclusion about the Mississippi Math Act covers student assessments. It gives no ruling on a particular child's Individual Success Plan under Standard 14.

Common questions

Q: Does a testing statute have to say “charter school” by name before it applies? A: No. The AG says Section 37-28-45(2) itself makes student assessment and accountability requirements applicable to charter schools, satisfying subsection (4)'s specific-reference condition.

Q: Must charter schools give the assessments required by the 2026 Mississippi Math Act? A: Yes. The opinion reaches the Act's assessments of students. It does not automatically extend that answer to every district-level staffing, reporting, governance, or program duty in the Act.

Q: Did the AG rule that Accountability Standard 14 applies to charter schools? A: No. The opinion gives a general rule for agency standards implementing statutory student assessment and accountability requirements, then declines to interpret Standard 14 or decide its specific application.

Background and statutory framework

Section 37-28-45(2) expressly subjects charter schools to student assessment and accountability requirements applicable to other public schools. Subsection (4) generally excludes charter schools when Title 37 assigns a duty to local school districts or boards unless a statute specifically applies it to charters. The AG reads subsection (2) as that specific application for student assessments and accountability. Subsection (5) generally excludes charter schools from State Board and Department of Education rules unless required by the authorizer or charter contract, but the opinion says policies implementing the statutory student requirements can apply to that extent.

The requested Math Act was Senate Bill No. 2294, Regular Session 2026. The opinion draws its line at student assessments and expressly leaves the reach of other duties unresolved. Section 7-5-25 limits the AG's authority to interpret specific agency policies or procedures, including the requested Accountability Standard 14.

Citations and references

• Section 37-28-45(2), (4), and (5) (charter school requirements)
• Senate Bill No. 2294, Regular Session 2026 (Mississippi Math Act)
• Section 7-5-25 (scope of AG opinions)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/10/L.-Karmacharya-October-15-2026-The-Applicability-of-Student-Assessment-and-Accountability-Requirements-to-Charter-Schools.pdf

Original opinion text

October 15, 2026
Dr. Lisa Karmacharya
Executive Director, Mississippi Charter School Authorizer Board 239 North Lamar Street, Suite 207 Jackson, Mississippi 39201 Re:

The Applicability of Student Assessment and Accountability Requirements to Charter Schools

Dear Dr. Karmacharya:
The Office of the Attorney General has received your request for an official opinion. Background In your request, you ask three questions regarding the applicability of student assessment and accountability requirements to charter schools. You assert that there could be two competing statutory interpretations of Mississippi Code Annotated Sections 37-28-45(2), (4), and (5). Under one reading, Section 37-28-45(2) is a specific inclusion that gives charter schools the same substantive student assessment and accountability requirements as noncharter public schools, even when the implementing statute or rule uses district terminology. Under the other reading, Subsections (4) and (5) limit Subsection (2): a duty assigned to a school district or school board does not apply to a charter school unless the Legislature expressly says so, and a Mississippi Department of Education (“MDE”) or State Board of Education (“SBE”) requirement does not apply unless required by the Mississippi Charter School Authorizer Board (“MCSAB”) or incorporated into the charter contract. Questions Presented

1. Does Section 37-28-45(2) operate as an exception to Subsections (4) and (5), such that statutory
   student assessment and accountability requirements —and the SBE or MDE rules implementing those requirements— apply to charter schools even when directed to a “school district,” “school board,” or similar entity, or do Subsections (4) and (5) require an express reference to charter schools, separate requirement imposed by MCSAB, or incorporation into the charter contract?
2. Under the construction of Section 37-28-45, do the mathematics and literacy assessment
   screening, process monitoring, individualized student plan, and intervention requirements enacted 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

Dr. Lisa Karmacharya
October 15, 2026
Page 2
in Sections 1 through 24 of Senate Bill No. 2294, Regular Session 2026 (“Mississippi Math Act”) apply to charter schools? If so, does their application extend only to student-facing requirements, or also to related district level program administration, staffing, reporting, and governance duties?

3. Does Mississippi Public School Accountability Standard 14, including Standard 14.1.1’s
   Individual Success Plan requirement, apply to charter schools serving the relevant grades by operation of Section 37-28-45(2) or 37-28-29(2)? Or does 37-28-45(5) make the standard applicable only if MCAB separately requires compliance or the applicable charter contract incorporates it? Brief Response
4. Based on the plain language of Subsection (2), charter schools must comply with student
   assessment and accountability requirements applicable to noncharter public schools in the state.
5. Charter schools must comply with assessment and accountability requirements in the
   Mississippi Math Act. This requirement is limited to assessments of students and does not necessarily apply to all district level program administration, staffing, reporting, and governance duties. However, for specific questions regarding the applicability of specific SBE policies and procedures or accountability standards, we refer you to the SBE or MDE.
6. SBE accountability standards are applicable to charter schools to the extent that they implement
   statutory student assessment and accountability requirements. However, pursuant to Section 7-525, we cannot opine on or interpret policies or procedures adopted by state agencies, which would include SBE accountability standards. Which and to what extent specific SBE policies are applicable to charter schools are outside the scope of this opinion. Applicable Law and Discussion As an initial matter, opinions of this office are limited to prospective questions of state law. Miss. Code Ann. § 7-5-25. We cannot opine on or interpret policies or procedures adopted by state agencies, which would include SBE accountability standards. We offer the following interpretation of state law for future guidance. The portions of Section 37-28-45 that you reference in your request provide as follows: (2) Charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools in the state; however, this requirement does not preclude a charter school from establishing additional student assessment measures that go beyond state requirements if the authorizer approves those measures.
   . . .
   (4) Whenever the provisions of Title 37, Mississippi Code of 1972, relating to the elementary and secondary education of public school students establish a requirement for or grant authority to local school districts, their school boards and 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

Dr. Lisa Karmacharya
October 15, 2026
Page 3
the schools within the respective school districts, the language “school districts,” “school boards,” “boards of trustees,” “the schools within a school district,” or any other similar phraseology does not include a charter school and the governing board of a charter school unless the statute specifically is made applicable to charter schools as well as noncharter public schools. (5) A charter school is not subject to any rule, regulation, policy or procedure adopted by the State Board of Education or the State Department of Education unless otherwise required by the authorizer or in the charter contract. (6)(x) Charter schools and their governing boards, when conducting charter school business, are not exempt from . . . Sections 37-16-1, 37-16-3, 37-16-4 and 37-169, which relate to the statewide assessment testing program. Your first question asks whether statutory student assessment and accountability requirements in Subsection (2) apply to charter schools even when directed to a “school district,” “school board,” or similar entity or whether the assessment and accountability provisions require an express reference to charter schools, separate requirement imposed by MCSAB, or incorporation into the charter contract. Based on the plain language of Subsection (2), charter schools must comply with student assessment and accountability requirements applicable to noncharter public schools in the state. Further, it is the opinion of this office that Subsection (2) operates as the statute making this requirement specifically applicable to charter schools as referenced in Subsection (4). No further statutory reference is required to make these assessment and accountability requirements applicable to charter schools. Additionally, while Subsection (5) does state that “a [c]harter school is not subject to any rule, regulation, policy or procedure adopted by the [SBE] or [MDE] unless” required by the MCSAB or in the charter contract, Subsection (2) specifically provides that charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools. We understand that the student assessment and accountability requirements are defined and implemented in accordance with SBE policies and, thus, these policies are applicable to charter schools to the extent that they address student assessment and accountability requirements. However, which and to what extent specific SBE policies are applicable to charter schools is outside the scope of this opinion. Your second question asks whether the mathematics and literacy assessment screening, process monitoring, individualized student plan, and intervention requirements enacted in the Mississippi Math Act apply to charter schools, and if so, whether their application extends only to studentfacing requirements, or also to related district level program administration, staffing, reporting, and governance duties. As stated above, charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools in the state. The Mississippi Math Act is replete with references to required assessments, including diagnostic assessments and statewide math assessments. Notably, the language of Section 37-28-45(2) is specific to student assessment and accountability requirements. Accordingly, it is the opinion of this office that the assessment requirements in the Mississippi Math Act that are applicable to charter schools are limited to assessments of students and do not necessarily apply to all district level program administration, staffing, reporting, and governance duties. However, for specific questions 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

Dr. Lisa Karmacharya
October 15, 2026
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regarding the applicability of specific SBE policies and procedures or accountability standards, we refer you to the SBE or MDE. Your third question asks whether Mississippi Public School Accountability Standard 14 applies to charter schools serving the relevant grades by operation of Sections 37-28-45(2) or 37-28-29(2) or whether Section 37-28-45(5) makes the standard applicable only if MCAB separately requires compliance or the applicable charter contract incorporates it. As stated above, SBE accountability standards are applicable to charter schools to the extent that they address student assessment and accountability requirements. However, pursuant to Section 7-5-25, we cannot opine on or interpret policies or procedures adopted by state agencies, which would include SBE accountability standards. Which and to what extent specific SBE policies are applicable to charter schools is outside the scope of this opinion. 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

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680