Lawmakers do not have to wait for a special session called by Gov. Tate Reeves to return to Jackson to deal with his veto of more than $2.2 billion in funding to the local school districts, according to various legislative sources.

Legislators could reconvene on their own under the conditions of the resolution they passed extending the session until Oct. 10.

“If he (Reeves) decides not to call us back, we would have to consider all options available,” said House Pro Tem Jason White, R-West, when asked about the possibility of coming back on their own. “The education budget is more than a little bit significant. The education folks are concerned – rightfully so. They want some finality to their budget.”

Reeves has said he is waiting to call legislators back into special session to deal with the education veto and the lack of funding for the Gulf Coast-based Department of Marine Resources until the COVID-19 outbreak amongst legislators is quashed. About 30 legislators tested positive for the coronavirus, including both presiding officer Philip Gunn in the House and Delbert Hosemann in the Senate. Most tested positive in early July.

In recent days legislative leaders have said most of their members have recovered and they are ready to return to the Capitol in early August to deal with the education budget, the Marine Resources budget and other issues.

Reeves is being non-committal on when he might call them back.

“We are looking to bring them back at the right time when it is safe for everyone for them to come back,” Reeves said recently on the Paul Gallo radio show.

The state constitution gives the governor the sole authority to re-convene the Legislature in special session once lawmakers adjourn the regular session for the year. Normally, regular sessions begin in early January and conclude in March, April or May.

But because of the pandemic, this is not a normal year. In June, legislators passed a resolution (requiring a two-thirds majority) to give them the authority to reconvene up until Oct. 10 to deal with coronavirus issues. Under the resolution, legislators could only return if the federal regulations changed on how the state could spend $1.25 billion in federal funds to combat the coronavirus.

Various leaders say regulations have changed, giving legislators the reason and the authority to re-convene.

Once they are in session, they could address the vetoes or other issues with a two-thirds vote to change their rules. But a key is the resolution only allows them to return for six days, though, that also could be changed once they are in session.

Regardless of whether Reeves will call legislators back in special session or they will return on their own, it is clear the veto of the education budget has stirred more contention and distrust between lawmakers and the governor.

The legislative and executive branch have been at odds this session – the first of Reeves’ gubernatorial term – on multiple issues, including who should have authority to spend the $1.25 billion in federal funds to whether the Legislature should remove the state flag, which includes the Confederate battle emblem in its design, without a vote of the people. On both of those issues, Reeves acquiesced.

Reeves maintained that he vetoed the education budget because legislators refused to fund the School Recognition Program, which provides merit bonuses to teachers and other certified staff in top performing and improving school districts.

“The governor did not have to veto that bill,” White said.

House Education Chair Richard Bennett, R-Long Beach, sent Reeves a letter promising that House and Senate leaders would send a letter to the Department of Education instructing them to fund the program and the department would be reimbursed for the expenditure in the new regular session in 2021.

But on the Gallo radio show, Reeves said, “I just can’t wait for a letter. I have to do what is right for those teachers. There is much evidence that it was not at all a mistake.”

Reeves questioned how it could have been “an oversight” not to fund the program since it was in the original legislation passed by the House and Senate, but was removed in the final days of the session by the legislative leadership.

“There was an error made,” Hosemann, the lieutenant governor, told Mississippi Today this week. “I appreciate the governor catching that, but vetoing a good bit of the budget was not the appropriate thing to do.”

Legislators say the funding was removed because they thought since state testing did not occur this past school year because of COVID-19 there would be no way to fund the program. The program funds are disbursed based on the schools’ accountability ratings, and since state testing did not happen there would be no way to determine who was entitled to the funds.

But after the education budget was passed, Bennett and other legislators said they learned the funds would be disbursed to teachers based on accountability results from the 2018-19 school year, meaning there was a method to determine who should receive the funds and a previous promise was made to provide the funds to teachers in the top schools and improving schools.

But not knowing in June the School Recognition Program was based on results from two years ago, legislators, facing difficult budget decisions caused by the pandemic, opted to transfer the Teacher Recognition Program funds (about $28 million) into the Mississippi Adequate Education Program. MAEP provides most of the state support for the basic operation of schools, such as teacher salaries and utilities costs.

Reeves maintains an official opinion issued by former Attorney General Jim Hood gives him the authority to provide funds to the school districts because the Constitution mandates a Mississippi public school system. That mandate, Hood reasoned, must be carried out with or without a legislative appropriation.

But educators have expressed concerns about the uncertainty of their budget situation. Various reports indicated that school districts began receiving payments from the state this week.

Whenever the Legislature returns, members also will have to decide whether to try to override a veto of a bill designed to provide the state Parole Board with more options to release inmates and whether to override a partial veto of a bill disbursing federal funds to health care providers to combat COVID-19.

Questions exist as to whether the partial veto of the health care bill is constitutional. The state constitution gives governors the authority to partially veto appropriations bills, but past rulings by the Mississippi Supreme Court have placed restrictions on that authority.

The Legislature left on July 1 with the intention of coming back because they could not agree on a budget for Marine Resources, which provides regulatory and law enforcement services in the Gulf of Mexico.

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Gov. Tate Reeves, the only official who can issue a statewide mandate that postpones school or forces virtual learning, finds himself in a tough political position as schools across the state are just days from resuming in-person instruction.

As coronavirus cases and hospitalizations are skyrocketing in Mississippi, many parents and teachers are rallying across the state and asking Reeves to postpone the start of school. They say already cash-strapped school districts can’t handle the demands of virus preparation and warn that students, teachers and staff will suffer.

Meanwhile, many parents are worried about how they’ll keep their jobs or handle childcare if their kids don’t start school on time. Parents and teachers alike express deep concern over students’ wellbeing if they miss school and in-person interaction in a rural state where many districts lack the ability to provide adequate distance learning.

The state’s 138 districts have been asked to decide for themselves when and how to reopen, and they face a Friday deadline to submit their plans to the state.

For now, Reeves is holding off on any statewide edicts about public school operations as most schools are set to return to the classroom the first full week of August.

“It has long been the view of Mississippians that we want local control of education,” Reeves said this week.

Though he has made clear he expects schools to reopen soon and to provide in-person classes, Reeves said he will review the districts’ plans carefully and decide if any statewide mandates for schools are required.

“It’s not something I want to do, and it’s not something I can tell you with certainty I will have to do,” Reeves said. “… Those of you who have watched me over the last 16 or 17 years will know that I am not scared to make a decision.”

No matter his decision, Reeves will face criticism.

Some advocates and educators have called on Reeves or the Mississippi Department of Education to provide more leadership on the issue. MDE says neither the department of State Board of Education has the authority to delay school reopening or mandate any closures. Reeves, who has broad emergency authority, said he wants to leave it to local school districts if possible.

Erica Jones, president of the Mississippi Association of Educators, said that while schools face an unprecedented challenge, “our state’s leaders are nowhere to be found.”

“There’s no standardized guidance,” Jones said. “There is no mask mandate in schools. There is no plan in place to support districts who lack the resources to have an effective distance-learning model. Teachers are being asked to sanitize their own classrooms. And educators across the state are terrified to go back into schools, afraid for their own health and the health of their families and their students.”

The Mississippi State Medical Association and state chapter of the American Academy of Pediatricians have called for the state to not reopen classrooms until pandemic cases are on a “downward trajectory,” which does not appear to be in the offing any time soon.  They urged a delay until at least Sept. 1, and called for a mask mandate for everyone in schools.

But Reeves indicated the state is not likely to waive the “180-day rule,” a state law that requires schools to provide at least 180 days of instruction each year by June 30. And, he said, those schools contemplating 100 percent virtual classes “are ignoring the reality that we are going to have testing that occurs in the 2020-2021 school year.”

All states are struggling with similar questions and debate over school restart. State plans are mixed, with some having strict statewide mandates and others allowing local decisions as Reeves wants to do.

In Alabama, the state’s superintendent has urged all schools to reopen on regular schedule, but individual districts will ultimately decide. Arkansas’ governor has called for in-person classes to open in the fall, but urged schools to be ready with virtual classes as well. Florida’s top education official issued an order for all schools to reopen and provide normal services. Many states are still trying to figure it out.

State Health Officer Dr. Thomas Dobbs this week was asked if the Mississippi Health Department could provide schools COVID-19 case metrics for when it’s safe to reopen, when to close buildings and teach remotely.

“There’s not an easy answer,” said Dobbs, “not a specific number.”

Dobbs noted that given the current trajectory of the virus in Mississippi, school reopenings may be short lived.

“There may be some schools that have to close pretty quickly after they open,” Dobbs said. “It just depends on if there are outbreaks.”

He said that what appears to be less transmission among younger children and experience from day cares shows some promise, particularly for younger grades.

“We never closed down the day cares,” Dobbs said. “I’m not saying we never saw cases in day cares, but there were no major outbreaks.”

Reeves last week vowed: “I am going to do what I think is best for kids, and let the politics play out however they play out.”

As to criticism about the state not providing standardized rules and mandates for school reopenings so far, Reeves said: “Many of these are the same people who for years said stay away from them and stay out of their business.”

“Now they are calling me, asking, ‘Hey, will you please make these decisions for us?’,” Reeves said.

Still, the political rhetoric hasn’t eased the concerns of many educators across the state.

“Make no mistake: Schools will eventually close,” Jones said. “It can happen safely now, with a comprehensive plan in place, or it can happen when the first outbreak happens, or when the unthinkable happens and we lose a member of a school community. This is quite literally an issue of life or death, and the ripple effects of this absence of leadership will be felt far beyond the confines of a school building.”

A model for reopening?

The Corinth School District, known for innovation and its “year-’round” school schedule, has already reopened on its normal start date, July 27. Reeves said he will be watching Corinth schools closely over the next few weeks to see if the district offers lessons that can be applied statewide.

Corinth is offering in-person school, with optional virtual classes. Superintendent Lee Childress said he expects about 13% to 18% of parents will have chosen virtual teaching for their kids this fall.

Children and school staff in Corinth each morning walk through thermal temperature scanners set up at strategic locations so everyone is checked. Many are checked again during the school day. So far, Childress said after the first couple of days, no one had an elevated temperature or symptoms.

Corinth schools are requiring face masks, and providing them to students and staff. All students have to wear them as they are transported to and from school and moving within buildings. For pre-K through third grades, masks are not required during instruction — although many are still wearing them — but teachers are working to maintain social distancing. For grades four through 12, students are required to wear masks all day unless there is a setting allows them to maintain social distancing.

Hand sanitizer is available throughout the schools, classrooms and other spaces are being reconfigured for distancing students and teachers are disinfecting classrooms at the end of each day, among many other safety protocols, Childress said. Meals are being eaten in classrooms instead of cafeterias.

If a teacher or student comes down with COVID-19, Childress said, the district has plans in place, including contact tracing and notification of anyone potentially exposed. Childress said a positive case would not necessarily mean whole classes or grades being dismissed and quarantined.

“It will depend on the circumstances,” said Childress, who added that the Health Department has given schools guidance, provided published guidelines, webinars and video conferences for school leaders.

Childress said he, his school board and staff have worked diligently on reopening plans and safety protocols since the pandemic hit Mississippi in March. He said his district involved the community in the decisions and he has kept them informed of the plans with regular Facebook live chats. He said MDE and the Health Department offered guidance and assistance, and he had no criticism of lack of state mandates or leadership.

“Ultimately, when it gets down to making those decisions — when to reopen, what strategy will be in place — that is a local school decision and should be left up to the local school district board,” Childress said. “… A school is a reflection of its community. Every community is facing a different situation, different transmission rates … Those different things should allow for the flexibility for you to make the decisions for what is best for your districts.”

As for pushing school start dates back much further this year, Childress said, “I think whether you open in July or August or September or October, we’re still going to have to deal with it.”

The virtual approach

Last week, Jackson Public Schools, the second largest school district in the state, announced it would provide completely virtual learning in the fall. When asked about Jackson Public Schools plan to reopen with online-only teaching, Reeves said he didn’t want to discuss a specific district’s plan yet but doubts some schools have the ability to provide an adequate education with distance learning only.

Of the school districts that have made their reopening plans public so far, most appear to be opting for in-person schooling, at least as an option.

Reeves said he has reviewed some districts’ plans and, “Some of them look very good, and some do not.” He said he expects to make a decision late this week or early next on any state intervention or mandates.

Reeves has urged school leaders to “think outside the box,” and be innovative with reopening plans.

Maurice Smith, superintendent of North Bolivar Consolidated School District, said his district is “going all virtual.”

“We’re going to open August 20, but that is subject to change and we will reevaluate where we are depending on the number of cases coming out of Bolivar County,” Smith said. “We chose the virtual route because of concern for our students and staff. About a week ago Bolivar county was added to a list of counties that had a high coronavirus positive rate. So for those reasons, we felt like it was the prudent choice.”

Smith said he’s glad his school board had autonomy to decide what’s best locally.

“I would have preferred that the state would have been a little more helpful with guidance as it relates to receiving funding and timely order of electronic devices,” Smith said.

Reeves said Mississippi schools are receiving a total of “half a billion dollars” in federal funds through the CARES Act and other measures to defray pandemic costs. He said that after conversations with the vice president and others in Washington this week, he expects a fourth round of federal funding will include “a significant portion” for school restart expenses.

Childress said purchasing personal protection equipment and making changes has not caused his district any financial hardship so far, and that federal Coronavirus Aid, Relief and Economic Security (CARES) Act funding has helped cover expenses.

But some are concerned that poorer districts, already struggling financially, will have a tougher time coping with reopening safely.

“I don’t anticipate a problem there,” Reeves said. “Will there be challenges? Yes. I don’t want to minimize those, but I don’t think they will be financial in nature.”

Kelsey Betz contributed to this report.

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As Gov. Tate Reeves works to save the School Recognition Program, critics say it ‘intensifies already serious inequality.’

The Legislature created a program in 2014 to reward teachers for student achievement. It was meant to incentivize educators, but many say it’s unfair and inequitable.

By Aallyah Wright | July 29, 2020

CLARKSDALE — Five years ago, New York native Nicole Moore graduated from college in Atlanta, packed her bags and moved to the Mississippi Delta to teach. The Teach For America member was placed at Coahoma Early College High School, formerly an agricultural school deemed low performing. 

The new teacher had her work cut out for her at a school where less than a third of students were proficient in reading, according to the Mississippi Department of Education.

Moore and her colleagues made a commitment to improve student achievement at the school, and in a two-year period students saw results. Originally rated a D, the school’s accountability rating climbed to a C — a marked improvement. As a testament to her hard work, two years later, the high school English teacher received a one-time $1,000 reward in 2019.

Moore was one of thousands of teachers to receive money from the School Recognition Program, a merit pay program the state Legislature created in 2014. It rewards schools and educators for student performance. Government officials tout the program as a performance-boosting incentive for all teachers.

Today, the program is at the center of a power struggle between the executive and legislative branch, and it’s the reason why the K-12 budget has not been appropriated this year. Gov. Tate Reeves partially vetoed about $2.2 billion of the appropriation last month because, he said, the budget bill did not fund the program.

“Our schools are improving in many areas. Our education attainment levels are up. And this School Recognition Program is a big reason why!” Reeves wrote in a Facebook post ahead of the veto.

“It is our only performance reward program in the state,” he said. “And it works.”

But critics of the program say it causes confusion and in some cases actually decreases morale for educators. There are also questions about who receives the money and whether the program is racially equitable.

A Mississippi Today analysis shows 53% of the program’s funds have gone to school districts where at least half the student body was white. Of the ten districts receiving the most money from the program, Jackson Public Schools is the only predominantly Black district on the list.

“I have strong objection to policies that use public funds in a way that intensifies already serious inequality,” said Sen. Derrick Simmons, D-Greenville. “The School Recognition Program is one of those policies. From its inception, the program has been inequitable from a racial and socioeconomic standpoint.”

Sen. David Blount, D-Jackson, is vice-chair of the Senate education committee and a firm opponent of the program who says “it should be done away with” because it increases inequity in the system.

“The way the money is allocated on a building-by-building basis … there’s little accountability,” Blount said. “I think it’s flawed in its basic concept and it gives a disproportionate amount of money to the wealthier school districts in the state.”

Mississippi Today spoke with educators across the state who said they appreciate the money, but the money alone wasn’t their sole motivating factor to improve student outcomes. 

Honey LeBlanc, a veteran teacher in the Long Beach School District who received $1,500 every year, said her friends refer to the awards as “the Delta book money” because it gives already high performing schools in privileged districts money, “when Delta schools need textbooks.”

“I’m very conflicted. Is it enough to recognize what we do day in and out? No. Is it done fairly? No,” she said. “To give money and be recognized is good …  but me getting this money? There are other districts that are in need.”

Oxford Middle School teacher Amanda Reiser, who formerly taught in Ocean Springs, said the program is “completely flawed” and doesn’t motivate teachers.

“We’re inspired to keep our students growing and improving,” she said. “Would money be helpful? Absolutely … I feel like it needs to be across the board. Take all of that money and divvy it up to everybody and keep our teacher (shortage) rate low.”

In the Western Line School District, O’Bannon High School teacher Tyjawanda Kirk, a 21-year classroom veteran, received around $1,000 in 2018. Although she believes the program motivated teachers in her district to do more, she understands how it can be unfair to educators whose hard work might not correlate in test results.

“I know in the past I have worked hard to help my students to pass the state tests and achieve goals we set at the time,” she said. “We felt like we weren’t getting recognition or rewards for that. I do think it is a good idea to reward teachers for working and helping students to achieve.”

Research shows merit pay systems have no effect on student outcomes. A 2013 study that examined teacher incentive pay programs in New York, Texas, and Tennessee found most teachers wanted the incentives but felt the programs were unfair. In the survey, 80% of respondents agreed teachers should be rewarded for demonstrating outstanding teaching skills. Ninety percent felt rewarding teachers based on test score gains is problematic. Fifty-five percent agreed the method was fair, whereas 48% didn’t have a clear understanding of the criteria for earning a bonus. 

Matthew Springer, co-researcher on the studies and associate professor of education, evaluation, and public policy at the University of North Carolina at Chapel Hill, said there must be a more robust system to evaluate teachers, teams and school performance.

“The metric of an overall school accountability grade is probably not the best system to use, which I am cautious about,” he told Mississippi Today. “The other issue is giving resources to schools is important and we know teachers are the most important determinant in schools for students … I’m really focused on getting high quality teachers in high performing schools.”

In Mississippi, schools and districts receive an A-F letter grade based on several factors like proficiency in math, reading, science, graduation rates and other components. The letter grades are a way to easily convey to parents and the public how each school is performing. The ratings are also used to incentivize teachers and administrators.

Under the School Recognition Program, teachers in A-rated schools or schools that improve from a ‘F’ to ‘D’ or a ‘D’ to ‘C’ receive $100 per student, and ‘B’ rated schools receive $75 per student. Since 2017, the Legislature has funneled about $71 million into the recognition program. In fiscal year 2020, nearly 21,000 certified teachers and staff in more than 500 public schools collectively received $25 million, according to Mississippi Today’s analysis of program records. No administrators can receive an award.

Over the past three years, the program’s intent to incentivize teachers based on accountability ratings has caused problems, including infighting at the district level about how the money is distributed and who is eligible to receive the funds, school officials, lawmakers, and education advocates say. 

“When you talk about merit pay, you have to be cognizant there’s so many factors that play into a school and an individual’s teacher success,” said Kelly Riley, executive director of Mississippi Professional Educators. “Whatever we do, we don’t need to do anything that endangers teacher morale, and we’re already having a teacher shortage.”

For the first two years of the program, local districts created a teacher committee to decide how to disseminate the funds and to whom. One of the frustrations, educators say, is that schools don’t see the money until the next year’s accountability ratings come out, which doesn’t promote retention. 

Year after year, teachers in Desoto County, Rankin County, Madison County, Harrison County, Lamar County, Jackson Public School, Jackson County, Ocean Springs, and Biloxi schools receive most of the earnings. For the first two years of the program, it is unclear the total number of teachers and staff that received rewards, or how much they received because not all districts submitted that information.

The lack of clarity stems from teacher committees’ decisions on how to parcel out funds the first two years of the program, meaning there’s no specific record of how much money went to an individual teacher or staff member, said Pete Smith, Mississippi Department of Education chief of communications and government relations.

“I don’t think the forms asked how many teachers would receive the money,” Smith said. “It was more or less … we just needed something on record to determine how they were going to disperse that money.”

This is a common complaint from the program’s detractors, who argue the School Recognition Program is problematic. 

Erica Jones, president of the Mississippi Association of Educators, said teachers did not have much guidance on how to distribute the money.

“They are concerned with how funds have been getting out,” Jones said. “I have a colleague in Hinds County, and they decided to distribute the funds by grade level.”

North Bolivar superintendent Maurice Smith said in his district, two high schools merged to form Northside High School and during consolidation, the principals didn’t submit the district response form in time. As a result, the teachers received the same amount rather than specific amounts to specific teachers, Smith said. This caused frustration among teachers because they didn’t get to make the decision themselves.

Though he felt the program is a good idea, it “needs tweaking,” Smith said.

Lawmakers are aware of the scrutiny around the program.

In past legislative sessions, legislators presented amendments to the bill such as clarifying who can receive the money and allowing superintendents to approve who can receive it, for example. These attempts died in committee.

In 2017, the attorney general’s office issued an opinion stating licensed and non-licensed school district employees could receive the award, meaning all other employees like librarians, counselors, specialists, alternative school teachers, but still no superintendents or principals.

The MDE issued new guidance per the Legislature’s request last year clarifying that the money should only be awarded to current and certified staff of the eligible school and the award must be distributed evenly.  In the most recent year, 60% of school districts evenly dispersed the money whereas 36% didn’t. Less than 4% did not submit information. There is also no requirement to pay staff who are no longer employed in the school district. 

Former Rep. John Moore, the House education chair who co-authored the 2014 bill, said the program was inspired by a pilot program for performance pay during Gov. Phil Bryant’s tenure. However, this caused “too much competition with teachers” at individual schools, so they wanted to reward schools collectively. 

Moore called it “a great program,” and those schools who don’t get the money should just “raise their letter grade.”

“If you’re a teacher in a D school and you’re wanting that bonus, then you would be a team leader and encourage teachers in their school… then bonuses could be $2,000 or more, that’s nice Christmas money,” he said. “Some of the teachers actually give some of the money to their (teaching) assistants.”

The future of this program remains uncertain as lawmakers still need to address the education budget, but cannot return to the Capitol yet because of a legislative COVID-19 outbreak.

If the program does survive, teachers feel the program should reward those “who need to see it the most.”

“Those teachers that did not get money … I don’t even know them but I can vouch that they’re doing the absolutely best with what they have, and they are being punished,” Toni Coleman, a Center Hill High teacher said. “When they are continually getting chastised from funds and pay raises and any sort of recognition other than bad recognition, what’s left?”

READ NEXT: Aallyah Wright: How I reported the School Recognition Program story

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