Jackson Free Press

The Mississippi Charter School Authorizer Board unanimously approved an application for two new charter schools to open in Jackson. RePublic Schools Inc. will run both schools: Joel D. Smilow Collegiate and Joel D. Smilow Prep. RePublic Schools Inc. is the charter management organization that opened one of the first charter schools in Mississippi this year, Reimagine Prep.

Smilow Collegiate will be serve grades K-8, and Smilow Prep will serve grades 5-8. The schools will grow by a grade level each year until they reach 8th grade. The two charter schools will be located on the same campus at Northside Drive on the old campus of Wesley Biblical Seminary. By 2023, both schools could have an enrollment of 1600 students.

The two charters will have to pass all of the requirements and inspections as prescribed by Mississippi's charter school law of the board before officially opening. Any student within the Jackson Public Schools district will be welcome to apply, and applications will go into a lottery only if the number of applications received exceeds the number of slots available.

RePublic Schools Inc., the charter management organization that opened one of two charter schools in Mississippi, received a $9.6 million U.S. Department of Education grant. RePublic Schools was one of twelve organizations selected for a Charter School Program Grant this year.

The grant will be issued over a five-year period, and RePublic Schools Inc. was allotted $1.76 million in Year One. The Mississippi Charter Authorizer Board approved two more RePublic Schools, Smilow Prep and Smilow Collegiate, earlier this month. The schools will open in Jackson in August 2016.

In a press release, CEO Ravi Gupta said, "We are grateful to Secretary Duncan (the U.S. Secretary of Education) and his team for recognizing RePublic's efforts to expand high quality, 21st Century educational opportunities for children in Tennessee, Mississippi, and Louisiana."

RePublic Schools has opened schools in Tennessee and Mississippi thus far, but the press release mentions Louisiana as well.

Lt. Gov. Tate Reeves met with Louisiana Lt. Gov. Billy Nungesser, both Republicans, in Cleveland, Miss., today to talk tourism.

The lieutenant governors met with members of the Mississippi Tourism Association to discuss tourism possibilities in the area and between the two states. The Delta Regional Authority is working with both Louisiana and Mississippi to promote the Mississippi River Geotourism Project, which will work on making the Delta a tourist attraction as well as create a website in coordination with National Geographic to to help tell the story of the longest river in North America.

Reeves and Nungesser toured the Grammy Museum while in Cleveland, one of the area's newest tourist attractions. The museum opened in March 2016, and it features not only exhibits but also a theater. Both lieutenant governors also praised development around the museum, including construction of the new Lyric Hotel in Cleveland, which will be a luxury hotel featuring a four-star restaurant, special event venue and spa.

“Our two states share a deep connection in so many areas, whether its food, music, history or a love of the outdoor sports,” Lt. Gov. Reeves said in a press release. “Through tourism, we can highlight the contributions of our talented citizens to these areas and grow the economies in our towns.”

Woodrow Wilson Drive's eastbound lanes will be reduced to one lane in preparation for major repair work on the water lines below the road. Once repair work begins, traffic will be re-routed to State Street, but no contractor has been named so the street will remain open until a contractor is found and repair work begins. The project could take up to two months once construction begins.

Read the City of Jackson's press release (in full) below:

"Beginning Thursday, Jan. 7, City of Jackson Department of Public Works crews are switching eastbound traffic to the north lane of Woodrow Wilson Drive instead of the south lane. Motorists are encouraged to proceed with caution and drive at a reasonable speed.

The City is moving forward with the project to repair a major water main break on Woodrow Wilson Drive. The road remains passable for motorists as crews continuously assess the condition of the site to keep it safe until the repair work can begin.

Engineers have designed the repair, which is complex because of the location, the materials for the pipe and the laying conditions. This project requires a custom built new pipe as the break occurred on a 36-inch water line constructed in the 1960s. The pipe needs to be encased, which requires engineering design and a contractor. This repair cannot be made in-house.

The City is currently reviewing a contract for a contractor. Upon approval, work will begin and could take approximately two months to complete because of the complexity of the repair. During that time, traffic will be rerouted to State Street. The public will be informed of the detour in advance."

It's convenient to presume that Mississippi will bleed red on Election Day, but if that's true, then a fair question follows. Why would Donald Trump waste time and resources stopping in Jackson, Miss., this evening for a $1,000 per ticket fundraiser and rally?

Polling done in Mississippi this presidential year might help explain why. An April Mason-Dixon poll only favored Trump to Hillary Clinton by three percentage points, a slim margin for a candidate who won the primary election in Mississippi with an 11-point advantage over Ted Cruz, Politico reports. A second poll, conducted by Magellan Strategies and commissioned by Y'all Politics, revealed a larger gap between the two candidates, with Trump leading by 13 percentage points.

One question in the Magellan poll gave Mississippians three options: Trump, Clinton or Undecided. Fifty-four percent chose Trump; 39 percent chose Clinton; and 7 percent were undecided.

FiveThirtyEight gives Clinton only a 14-percent chance of winning Mississippi's six electoral votes, but that number is a result of the weighted analysis of only two polls: the Mason-Dixon and Magellan polls.

November has the potential to be a competitive election, depending on which poll you believe, and as NewsMax pointed out: "The last time a Democrat presidential candidate won the state was Jimmy Carter in 1976," but it's likely too early to confidently project a solid winner.

A news release from the Mississippi State Department of Health about City of Jackson drinking water is reproduced in its entirety below:

Today the Mississippi State Department of Health– after consultation with the Centers for Disease Control and Prevention and the Environmental Protection Agency, is advising all residents who receive their drinking water from the City of Jackson Water System to take the following precautions:

· Before using tap water for drinking or cooking, run your tap on cold for one to two minutes; for more detailed information visit www.cdc.gov/nceh/lead/tips/water.htm; · Households should never use hot water for drinking or cooking; · Any child five years of age or younger and any pregnant woman should use filtered water (NSF53 certified filter http//info.nsf.org/Certified/DWTU) or bottled water for drinking and cooking; · Baby formula should be “ready-to-feed” or prepared using only filtered water or bottled water; and · Parents with children six years or younger should contact their child’s pediatrician or primary care provider to ensure adequate lead screening and blood testing have been performed.

“Although the majority of home lead testing performed identified no lead, or lead below the action level of 15 ppb, we are issuing these recommendations as a special precaution for young children and pregnant women,” said State Epidemiologist Dr. Thomas Dobbs.

“It’s important to remember simple measures, such as flushing the faucet for one to two minutes, can markedly reduce lead levels in tap water,” added Dobbs.

The Mississippi State Department of Health will mail the above health recommendations about lead to all customers on the City of Jackson Water System, and will closely monitor the City of Jackson’s progress to reduce the corrosiveness of water. Corrosive water leads to leaching of lead in some older homes where plumbing contains lead pipes or lead solder.

“We believe these precautions should remain in place at least six months while the City of Jackson makes the necessary changes required to stabilize the alkalinity and pH levels in the system. These changes should ensure better optimization of corrosion in the Jackson Water System, which should lead to minimal leaching of lead in home plumbing,” said Director of Health Protection Jim Craig.

The Department of Justice charged two more people involved in the former Mississippi Department of Corrections Commissioner Christopher B. Epps' case today. Both press releases from the DOJ are reproduced verbatim below:

Texas Man Charged with Conspiracy to Bribe Former Corrections Commissioner

Mark Longoria, 53, of Houston, Texas has been charged in a Criminal Information with conspiracy to pay bribes to former Mississippi Department of Corrections (MDOC) Commissioner Christopher B. Epps, announced Acting United States Attorney Harold Brittain and FBI Special Agent in Charge (SAC) Donald Alway. Longoria will appear for arraignment on Tuesday, July 26, 2016, at 1:30 p.m. before U.S. Magistrate Judge Keith Ball. The maximum penalty for conspiracy is five years in prison and a $250,000 fine.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Deputy Criminal Chief Darren LaMarca, Assistant United States Attorney Patrick Lemon, and financial analyst Kim Mitchell.

The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.

Teresa Malone Charged with Conspiracy to Bribe Former Corrections Commissioner

Teresa Malone, 54, of Carthage, Mississippi has been charged with paying kickbacks to former Mississippi Department of Corrections Commissioner (MDOC) Christopher B. Epps in exchange for receiving a consulting agreement involving the MDOC and its operations, announced Acting United States Attorney Harold Brittain and FBI Special Agent in Charge (SAC) Donald Alway.

Malone will appear for arraignment on Wednesday, August 3, 2016, at 2:30 p.m. before U.S. Magistrate Judge Keith Ball. She faces a maximum penalty of 20 years in prison and a $250,000.00 fine for the conspiracy count, and a maximum of 10 years in prison and a $250,000.00 fine for the bribery count.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Deputy Criminal Chief Darren LaMarca, Assistant United States Attorney Patrick A. Lemon, and financial analyst Kim Mitchell. The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.

The U.S. 5th Circuit Court of Appeals has denied Gov. Phil Bryant and MDHS Executive Director John Davis' motions to stay the injunction that blocked House Bill 1523 from becoming law. Bryant and Davis asked the court to expedite their appeal, and that application was also denied.

The 5th Circuit did allow the two HB 1523 cases to be consolidated, but the court will not issue a stay on U.S. District Judge Carlton Reeves' injunction or expedite the a hearing for the governor's appeal of the bill.

The conservative legal organization, Alliance Defending Freedom, is providing co-counsel for the governor's appeal in the 5th Circuit. HB 1523 was based, at least in part, on language from a model policy that ADF sent to the governor's office before same-sex marriage was legalized nationally in 2015.

Rob McDuff, one of the lawyers for plaintiffs, called the order a great victory.

"Two and a half months after we filed this challenge to HB 1523, the federal courts once again have held that the bill should not take effect. This is a great victory for the thousands of Mississippians who have opposed this bill in the name of tolerance and fairness and dignity for all," he said in a statement to the Jackson Free Press. "Although the Governor apparently will continue with his appeal, this is an important milestone in the battle against this completely misguided piece of legislation."

“We are pleased with the Fifth Circuit’s summary denial of the governor’s motion and look forward to final resolution of this matter in our favor,” said Beth Orlansky, advocacy director of the Mississippi Center for Justice said in a statement.

Read the motion here. Read more about HB 1523 here.

This post has been updated with statement from the MS Center for Justice and Rob McDuff.

Lt. Gov. Tate Reeves seems less concerned with creating a budget this year than he is with making sure Initiative 42 does not pass in November. During the Legislative Budget Office hearings on Monday and Tuesday, while most department heads were able to fend off taking sides, they were forced to answer obviously leading questions, primarily orchestrated by Reeves.

When the Department of Education presented their budget on Monday, they asked for the full funding of MAEP and funding for several additional programs including: the third grade reading gate, the MSIS system, state special schools and early education pilot programs.

Reeves asked state Superintendent of Education, Dr. Carey Wright several questions about the effectiveness of the additional programs in a way that indirectly asked about MAEP.

After questions from representatives and senators, Reeves asked several of his own. A small portion of the back-and-forth is below:

Reeves: How long have you been in Mississippi now? Has it been two years?

Wright: November the 11 will be two years.

Reeves: So you’ve had an opportunity to be in lots of school districts and a lot of schools across our state, my question is do you think Mississippi has an efficient system of public schools?

Wright: (Pause) Can you define efficient?

Reeves: Let me ask you a follow-up, can you define efficient?

Wright: Thinking about it from a superintendent’s hat, if I was a district superintendent, efficient to me would be am I utilizing funds the way they should be utilized, do I have an appropriate number of people at the school and central office level and am I efficient in my time and my management, and how I am executing my plans...

The verbal sparring continued, but few questions were asked about the extra $250 million that the department is asking for (over the FY16 Level of funding). Reeves' questions stem from the assumption that if Initiative 42 passes, the Legislature will be court-ordered to fully fund the Mississippi Adequate Education Formula (MAEP), which has been fully funded only twice since 1997. Republican leaders, mainly Reeves and House Speaker Philip Gunn, have vocalized what they see as the danger of Constitutional power transferring to the judicial branch of government.

For more MAEP coverage visit: http://www.jacksonfreepress.com/maep/

A new poll paints Mississippi purple, calculating Trump's lead over Hillary Clinton in the state to be only three points, in a four-candidate race. The online-only survey had over 800 respondents from Mississippi, who are registered voters, and over 74,000 voters in the country. The results put Mississippi in the "tossup" category—not a red state.

So far, Secretary of State Delbert Hosemann has received reports of very high voter turnout and long lines at the polls as Mississippians began casting their ballots this morning.

“Despite poor weather in parts of the State, voters are getting out to vote for our next elected leaders,” Hosemann said in a press release.

Two minor problems were reported at select polling places across the State including:

·Jackson County: In some precincts, electronic pollbooks were not operational at 7 a.m. and did not have paper back-ups, which delayed checking in voters. The problems have been rectified.

·Madison County: At the Ridgeland Recreational Center polling place, machines were not operational promptly at 7 a.m. Voting continued by paper, and now the machines are fully operational.

Polls are open until 7 p.m., and if you're in line at 7 p.m. you are entitled to vote.

Problems at the polls or other questions should be directed to the Secretary of State’s Election Hotline at (800) 829-6786.

Run-offs are old-school anyway, right?

The fate of District 79's representation in the House of Representatives will be decided on Friday by drawing straws, according to Mississippi election law. Rep. Bo Eaton, D-Taylorsville, has represented the district since 1996, but in this election he pulled in the exact same number of votes as his Republican challenger, Mark Tullos.

The two candidates tied with 4,589 votes each.

In a press release, Rep. Eaton said he will not challenge the result of Friday's straws. Technically, the loser on Friday has the right to challenge the vote and appeal to the House of Representatives, which would then decide who gets to take District 79's seat when they reconvene.

Eaton's press release said: "Whatever the outcome of the procedure, I will abide by the result and not challenge the election. I hope my opponent will agree to do the same thing."

The District 79 race straws will be drawn on Friday at 1:30 p.m. in the governor's office conference room in the Sillers Building when the governor and the secretary of state return from Israel.

This afternoon is the deadline for general bills held on a motion to reconsider to pass through both the House and the Senate. The Senate calendar includes Jackson airport "takeover" bill and a bill that would prohibit "sanctuary cities" in the state, while the House could take up a bill that passed by one vote that would require the Attorney General to receive written approval from the Outside Counsel Oversight Commission for any lawsuit that would cost more than $250,000 in the amount sought.

The House passed the Attorney General oversight commission bill last Tuesday, but the bill was held on a motion to reconsider after it passed by a vote of 61-60. The Senate debated the airport "takeover" bill for over two hours last Thursday, and after it passed (mainly along party line votes), it was held on a motion to reconsider and not taken up on Friday. The House and the Senate both reconvene at 4 p.m. this afternoon.

Gov. Phil Bryant created a task force today to address drug abuse in the state, specifically for the abuse of opioids and heroin.

Opioid abuse is up nationally and has been for the past two decades. Opioids include prescription pain killers, some nervous system depressants and some stimulant drugs, according to the National Institute on Drug Abuse.

Gov. Bryant's proclamation claims that Mississippi is one of the leading prescribers for opioids. The governor will appoint voluntary members to the task force, but the proclamation does not specify a date when the task force will meet or for how long.

The Centers for Disease Controls tracks overdose related deaths, and from 2013 to 2014, the state saw a slight increase, from 316 deaths in 2013 to 366 in 2014. That number is not specific to opioid-related overdoses, however.

The Mississippi Department of Mental Health released its first state plan for suicide prevention today; a workgroup composed of state agency workers and other advocates formed in April to help finalize the two-year prevention plan. In Mississippi, suicide is the third leading cause of death among young people ages 10-24 years old.

The plan's release coincides with Suicide Prevention Awareness Month, which is in September.

“Whether we realize it or not, many of our friends and neighbors have been affected by suicide or mental illness,” DMH Executive Director Diana Mikula said in a press release. “Suicide affects people across all ages, races, and backgrounds, but through collaboration, sharing resources, and working towards common goals, we can prevent the tragedy of suicide.”

Suicide is the 12th leading cause of death overall in Mississippi, and the state's suicide rates also increase with age, the report shows. Men in Mississippi commit suicide at much higher rates than females their age.

The suicide prevention hotline is: 1-800-273-TALK (8255). The number will connect you to a counselor in a local crisis center.

House Speaker Philip Gunn released a statement defending his position on the state flag, after all filed bills to change the state flag referred to the House Rules Committee died today. No Senate or House flag bill made it out of committee by today's deadline.

Gunn's statement is below, verbatim:

"For anyone to suggest I have surrendered or backed up on my position of changing the flag is simply not true," said Speaker of the House Philip Gunn. "I have not wavered in my viewpoint that we need a different flag to represent Mississippi. I have spoken with many House members both individually and collectively and have tried to convince them to adopt my view."

“I have explored every option from taking legislative action to change the flag to adopting two official flags, but we cannot get a consensus on how to address the issue,” he continued. "I will continue to stand by my view that changing the flag is the right thing to do. The flag is going to change. We can deal with it now or leave for future generations to address. I believe our state needs to address it now. I am disappointed that nothing took shape this year, but I will continue this effort."

The Department of Justice announced a series of reforms for federal prisons today. Reforms include building a school district within the system and improving the halfway houses that serve as re-entry homes for inmates in the system.

The DOJ also announced plans to improve programs for women in prison and provide inmates that are released with ID cards, free of charge. The reforms are a part of the department's intense focus on lowering recidivism rates across the country and rehabilitating former inmates. Earlier this year, the DOJ announced that they would phase out all contracts they had with private prisons due to the lowering number of inmates in the country as well as not finding real advantage in cost savings or enhanced services with private facilities.

There are two federal prisons in Mississippi: one in Yazoo City, and one in Natchez. The facility in Yazoo City is privately operated and run by the Corrections Corporation of America, or CCA, whose stocks soared after Donald Trump won the projected electoral college votes on Nov. 8.

President-elect Donald Trump's nomination of Alabama Sen. Jeff Sessions for attorney general could change some of these reforms, and Democrats fear what Sessions' prosecutorial reputation and Trump's promises for "law and order" on the campaign trail could mean for reforms made in the past eight years.

The much-anticipated Senate bill that would change the governing authority of the Jackson airport has attracted most of the attention in the airport "takeover" fight between Republican lawmakers and Jackson city officials and citizens, but Rep. Mark Baker, R-Brandon, filed a second airport bill earlier this week in the House of Representatives.

The House bill would dissolve the "municipal airport authority located in a municipality with a population of 173,514 according the 2010 federal decennial census" by June 2017. The only city in the state with that population is Jackson. Rep. Baker's bill goes on to describe a nine-member commission that would replace the municipal airport authority. The new "municipal-regional airport authority" would be made up of a representatives from 9 municipalities.

Rep. Baker's bill does not name municipalities; instead it uses 2010 Census figures to describe each separate municipality that would get representation on his proposed commission. Using 2010 Census numbers, the"municipal-regional airport authority" would be made up of one representative each from Jackson, Madison, Ridgeland, Flowood, Pearl and Brandon. There would be one Hinds County Board of Supervisors commissioner and two Rankin County Board of Supervisors commissioners if Baker's bill passes.

The bill was referred to the House Judiciary A Committee (which Rep. Baker chairs) and the House Ports, Harbors and Airports Committee.

The Rankin County School District is under fire for one teacher's disparaging comments against atheism. The American Humanist Association's legal center sent the district a letter on Tuesday detailing a complaint from a student and her parent that said the student's history teacher, who is also a pastor at a Baptist Church, has made several jabs at atheism in comments made in class throughout the year.

Northwest Rankin High School, where this history teacher teaches, has had trouble with the First Amendment before. A few months ago, the district came to a settlement with a former student who sued and won after she was forced to attend a blatantly Christian assembly during school hours.

The letter is not a lawsuit, but it asks the district to comply with the Establishment Clause and provide written notices to all faculty reminding them to not make remarks "promoting religion and disparaging atheism." The American Humanist Association has asked for a response from the district within a week. The seven-page letter details parts of the Constitution and legal history that could be argued to prove the teacher's comments unconstitutional.

Monica Miller, an attorney at the association's legal center wrote, "Good faith is not a defense to contempt and you are court-ordered to ensure that your employees are complying with the Consent Decree and Establishment Clause."

The American Humanist Association provided counsel to Magdalene Bedi, the Northwest Rankin High School student who sued and won after being forced to attend a Christian assembly in 2013. The district must pay damages to Bedi for additional violations since they violated two consent decrees after she filed her original lawsuit.

U.S. District Judge Carlton Reeves dismissed the ACLU's lawsuit that tried to dismantle House Bill 1523 before it becomes law next week. In his order, Reeves wrote that the ACLU's complaint did not satisfy the criteria for him to issue a preliminary injunction to block HB1523 from becoming law. Reeves wrote that the plaintiffs needed to prove that injury was "imminent" in order for a preliminary injunction to be considered. The plaintiffs, Nykolas Alford and Stephen Thomas are engaged to be married but do not plan to do so for a few years. Reeves said for a threat to be imminent, it "threatens to occur immediately."

"Alford and Thomas’s injury, if one exists, would arise when they apply for a marriage license. But they declare that they will apply for their license sometime within the next three years," Reeves wrote. "That is not imminent. The ACLU has the same problem. If a member of the ACLU intends to enter into a same-sex marriage in 2017, any injury is at least six months away."

Human Rights Campaign state director Rob Hill reiterated that HB1523 is dangerous and hateful legislation, in response to the order.

“H.B. 1523 represents the worst of Mississippi. If allowed to go into effect next week, it will lead to widespread discrimination against LGBTQ Mississippians at work, school and in family life. The business community -- including local and national companies and organizations such as Nissan, General Electric, the Mississippi Economic Council, the Mississippi Manufacturing Association and more -- has roundly condemned this dangerous bill," Hill said in a statement. "It will do harm to our community, our families and our economy and we must not allow it to stand. In the coming weeks, HRC will continue our ongoing efforts to ensure this bill is ultimately struck down or repealed.”

Judge Reeves will hold hearings for the two other lawsuits filed against House Bill 1523 together on Thursday this week. HB1523 will go into effect on July 1 if Reeves does not issue a preliminary injunction blocking it from becoming law.