Teacher pay; increase for teachers and assistant teachers.

H. B. No. 1126 *HR26/R2228PH* ~ OFFICIAL ~ G1/2
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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Owen, Felsher, McCarty,
Hurst, Roberson, McMillan, Tubb, Lott,
Mansell, Carpenter, Harness, Banks, Arnold,
Hulum, Blackwell, Karriem, Faulkner, Denton,
Holloway (27th), Summers, Nelson, Foster,
Porter, Remak

HOUSE BILL NO. 1126
(As Passed the House)

AN ACT TO AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE A $5,000 INCREASE TO THE TEACHER SALARY SCALE; TO PROVIDE 2
AN ADDITIONAL $3,000 ANNUAL SALARY SUPPLEMENT TO LICENSED SPECIAL 3
EDUCATION TEACHERS EMPLOYED BY A SCHOOL DISTRICT ON A FULL-TIME 4
BASIS TO PROVIDE SPECIAL EDUCATION INSTRUCTION; TO PROVIDE AN 5
$6,000.00 ANNUAL SALARY SUPPLEMENT TO OCCUPATIONAL THERAPIST AND 6
LICENSED SCHOOL PSYCHOLOGIST EMPLOYED BY A LOCAL SCHOOL DISTRICT, 7
WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THEIR RESPECTIVE 8
CERTIFYING ENTITY, AND SERVING IN THE CAPACITY FOR WHICH THE 9
CERTIFICATION HAS BEEN ISSUED; TO ESTABLISH A CAP ON THE MAXIMUM 10
SALARY A SCHOOL SUPERINTENDENT MAY EARN WHICH IS DIRECTLY 11
CORRELATED TO HIS OR HER YEARS OF EXPERIENCE, EDUCATIONAL 12
ATTAINMENT, CREDENTIALS AND CLASSIFICATION OF LICENSURE 13
ENDORSEMENT IN RELATION TO 250% OF THE SALARY OF TEACHER WITH 14
EQUIVALENT QUALIFICATIONS, INCLUDING THE DISTRICT LOCAL SUPPLEMENT 15
PAY; TO AMEND SECTION 37-21-7, MISSISSIPPI CODE OF 1972, TO 16
PROVIDE A $5,000 SALARY INCREASE FOR ASSISTANT TEACHERS; TO AMEND 17
SECTIONS 25-11-103, 25-11-109, 25-11-111, 25-11-112, 25-11-114, 18
25-11-115, 25-11-117, 25-11-123 AND 25-11-147, MISSISSIPPI CODE OF 19
1972, TO PROVIDE THAT LAW ENFORCEMENT OFFICERS, FIREFIGHTERS AND 20
EMERGENCY MEDICAL SERVICES PROVIDERS WHO BECOME MEMBERS OF THE 21
PUBLIC EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER MARCH 1, 2026, 22
SHALL BE ENTITLED TO RECEIVE A RETIREMENT ALLOWANCE AFTER 25 YEARS 23
OF SERVICE REGARDLESS OF AGE; TO AMEND SECTION 25-11-126, 24
MISSISSIPPI CODE OF 1972, TO REVISE THE CRITERIA AND SCALE OF 25
COMPENSATION FOR ELIGIBLE RETIRED TEACHERS WHO RETURN TO THE 26
TEACHING PROFESSION AS A CONTRIBUTIONS BUT NONBENEFIT ACCRUING 27
MEMBER OF PERS; TO AMEND SECTION 37-151-203, MISSISSIPPI CODE OF 28
1972, TO INCREASE THE AMOUNT OF THE BASE STUDENT COST; TO BRING 29
FORWARD SECTIONS 37-151-201, 37-151-203, 37-151-205, 37-151-207, 30
37-151-211, 37-151-213, 37-57-104, 37-57-105, 37-57-107, 37-61-33, 31
7-7-211, 19-9-157, 19-9-171, 27-39-317, 37-3-83, 37-15-38, 32
37-16-3, 37-17-6, 37-22-5, 37-28-55, 37-61-3, 37-61-5, 37-61-7, 33
37-61-35, 37-61-37, 37-151-81, 37-151-85, 37-151-95, 37-151-97, 34
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41-79-5, 43-17-5, 27-104-351, 37-159-7, 37-23-31, 37-23-33, 35
37-23-35, 37-151-209, 37-151-215, 37-57-1, 27-65-75, 1-3-26, 36
25-4-29, 27-25-706, 27-33-3, 29-3-47, 29-3-49, 29-3-113, 29-3-137, 37
31-7-9, 31-7-10, 37-1-3, 37-3-11, 37-7-208, 37-7-301, 37-7-302, 38
37-7-303, 37-7-307, 37-7-319, 37-7-333, 37-7-419, 37-9-17, 39
37-9-23, 37-9-25, 37-9-33, 37-9-35, 37-9-37, 37-9-77, 37-11-11, 40
37-13-63, 37-13-64, 37-13-69, 37-23-1, 37-23-15, 37-23-69, 41
37-23-109, 37-23-179, 37-27-55, 37-27-57, 37-28-5, 37-28-53, 42
37-29-1, 37-29-272, 37-29-303, 37-31-13, 37-31-75, 37-35-3, 43
37-37-3, 37-41-7, 37-45-49, 37-47-9, 37-47-25, 37-47-33, 37-61-19, 44
37-61-29, 37-68-7, 37-131-7, 37-131-9, 37-131-11, 37-151-9, 45
37-151-87, 37-151-89, 37-151-91, 37-151-93, 37-151-99, 37-151-101, 46
37-151-103, 37-151-105, 37-151-107, 37-173-9, 37-173-13, 47
37-175-13, 37-179-3, 37-181-7 AND 65-26-9, MISSISSIPPI CODE OF 48
1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; TO AMEND SECTIONS 49
37-13-80, 37-13-81, 37-13-83, 37-13-85, 37-13-87, 37-13-89, 50
37-13-91 AND 37-13-107, MISSISSIPPI CODE OF 1972, TO REVISE THE 51
NAMES OF THE OFFICES OF DROPOUT PREVENTION AND COMPULSORY SCHOOL 52
ATTENDANCE TO REFLECT NEW DESIGNATIONS AS THE OFFICE OF STUDENT 53
SUCCESS AND GRADUATION AND THE OFFICE OF EDUCATIONAL 54
PARTICIPATION, RESPECTIVELY; TO ASSIGN THE NEW TITLE TO 55
INDIVIDUALS WHO SERVED IN THE ROLE OF SCHOOL ATTENDANCE OFFICERS, 56
TO NOW BEING REFERRED TO AS STUDENT SUCCESS AND GRADUATION 57
COACHES, AND THEIR DISTRICT SUPERVISORS' TITLE BEING CHANGED TO 58
STUDENT SUCCESS AND GRADUATION REGIONAL COORDINATORS; TO REVISE 59
THE MINIMUM SALARY SCHEDULE FOR STUDENT SUCCESS AND GRADUATION 60
COACHES BASED ON EDUCATION AND YEARS OF EXPERIENCE; TO REVISE 61
EMPLOYMENT QUALIFICATIONS FOR STUDENT SUCCESS AND GRADUATION 62
COACHES; TO REVISE THE RESPONSIBILITIES AND DUTIES OF STUDENT 63
SUCCESS AND GRADUATION COACHES; TO AMEND SECTION 37-13-92, 64
MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT A SCHOOL 65
DISTRICT SUPERINTENDENT GIVE CONSENT TO A STUDENT BEING PLACED IN 66
AN ALTERNATIVE SCHOOL PROGRAM WHEN REFERRED TO THE PROGRAM BY A 67
DISPOSITIVE ORDER OF A CHANCELLOR OR YOUTH COURT JUDGE; TO 68
ESTABLISH THE DISTRICT IMPROVEMENT AND TEACHER STABILIZATION 69
SUPPLEMENT PROGRAM WITHIN THE STATE DEPARTMENT OF EDUCATION; TO 70
PROVIDE PERFORMANCE-BASED AND NEED-BASED SUPPLEMENTAL FUNDING TO 71
CERTAIN UNDERPERFORMING SCHOOL DISTRICTS; TO PRESCRIBE DETAILED 72
PROGRAM STRUCTURE, ADMINISTRATION, OVERSIGHT AND ENFORCEMENT 73
MECHANISMS; TO ESTABLISH CLEAR ELIGIBILITY STANDARDS, MEASURABLE 74
BENCHMARKS AND PROPORTIONAL DISTRIBUTION REQUIREMENTS; TO RESTRICT 75
AND GOVERN THE USE OF FUNDS; TO REQUIRE TRANSPARENCY, REPORTING 76
AND AUDIT CONTROLS; TO PROVIDE FOR A SUNSET AND LEGISLATIVE 77
REVIEW; TO AMEND SECTION 37-9-39, MISSISSIPPI CODE OF 1972, TO 78
REVISE THE TIME IN DECEMBER WHEN SCHOOL DISTRICTS SHALL PROCESS 79
PAYROLL FOR ALL EMPLOYEES FROM THE LAST WORKING DAY TO A TIME 80
CONSISTENT WITH OTHER MONTHLY INSTALLMENTS AS A MEANS OF 81
PREVENTING THE 45-DAY GAP BETWEEN TEACHER PAY PERIODS FROM THE 82
DECEMBER PAY DATE TO JANUARY PAY DATE; AND FOR RELATED PURPOSES. 83
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 84
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SECTION 1. Section 37-19-7, Mississippi Code of 1972, is 85
amended as follows: 86
37-19-7. (1) Teachers' salaries in each public school 87
district shall be determined and paid in accordance with the scale 88
for teachers' salaries as provided in this subsection. For 89
teachers holding the following types of licenses or the equivalent 90
as determined by the State Board of Education, and the following 91
number of years of teaching experience, the scale shall be as 92
follows: 93
* * * 2026-2027 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY 94
SCHEDULE 95
Exp. AAAA AAA AA A 96
* * * 97
0 50,500.00 49,000.00 48,000.00 46,500.00 98
1 50,100.00 49,550.00 45,525.00 46,900.00 99
2 51,700.00 50,100.00 49,050.00 47,300.00 100
3 52,300.00 50,650.00 49,575.00 47,700.00 101
4 52,900.00 51,200.00 50,100.00 48,100.00 102
5 54,250.00 54,500.00 51,350.00 49,300.00 103
6 54,850.00 53,050.00 51,875.00 49,700.00 104
7 55,450.00 53,600.00 52,400.00 50,100.00 105
8 56,050.00 54,150.00 52,925.00 50,500.00 106
9 56,650.00 54,700.00 53,450.00 50,900.00 107
10 58,000.00 56,000.00 54,700.00 52,100.00 108
11 58,600.00 56,550.00 55,225.00 52,500.00 109
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12 59,200.00 57,100.00 55,750.00 52,900.00 110
13 59,800.00 57,650.00 56,275.00 53,300.00 111
14 60,400.00 58,200.00 56,800.00 53,700.00 112
15 61,750.00 59,500.00 58,050.00 54,900.00 113
16 62,350.00 60,050.00 58,575.00 55,300.00 114
17 62,950.00 60,600.00 59,100.00 55,700.00 115
18 63,550.00 61,150.00 59,625.00 56,100.00 116
19 64,150.00 61,700.00 60,150.00 56,500.00 117
20 65,500.00 63,000.00 61,400.00 57,700.00 118
21 66,100.00 63,550.00 61,925.00 58,100.00 119
22 66,700.00 64,100.00 62,450.00 58,500.00 120
23 67,300.00 64,650.00 62,975.00 58,900.00 121
24 67,900.00 65,200.00 63,500.00 59,300.00 122
25 70,400.00 67,700.00 66,000.00 61,800.00 123
26 71,000.00 68,250.00 66,525.00 62,200.00 124
27 71,600.00 68,800.00 67,050.00 62,600.00 125
28 72,200.00 69,350.00 67,575.00 63,000.00 126
29 72,800.00 69,900.00 68,100.00 63,400.00 127
30 73,400.00 70,450.00 68,625.00 63,800.00 128
31 74,000.00 71,000.00 69,150.00 64,200.00 129
32 74,600.00 71,550.00 69,675.00 64,600.00 130
33 75,200.00 72,100.00 70,200.00 65,000.00 131
34 75,800.00 72,650.00 70,725.00 65,400.00 132
35 133
& above 76,400.00 73,200.00 71,250.00 65,800.00 134
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In addition to the minimum salary scale established above, 135
each licensed special education teacher employed by a school 136
district on a full-time basis and specifically providing special 137
education instruction to the population of exceptional students so 138
entitled to such instruction as required in Chapter 23, Title 37, 139
Mississippi Code of 1972 and in compliance with IDEA, shall 140
receive an additional annual salary supplement of Three Thousand 141
Dollars ($3,000.00). 142
The school district, with assistance from the Department of 143
Education, shall consider the teacher's years of service and 144
license type and determine the corresponding salary for the 145
retired teacher. After determining the retired teacher's 146
corresponding salary, the school district may allocate up to one 147
hundred twenty-five percent (125%) of the amount provided under 148
the salary schedule for such teacher, as applicable, as salary and 149
assessment under the program. 150
After determining the retired teacher's salary, the school 151
district may pay no more than fifty percent (50%) of the retired 152
teacher's compensation as salary to the retired teacher. The 153
remaining fifty percent (50%) of the retired teacher's 154
compensation as salary shall be paid by the school district to 155
PERS as a pension liability participation assessment. 156
It is the intent of the Legislature that any state funds made 157
available for salaries of licensed personnel in excess of the 158
funds paid for such salaries for the 1986-1987 school year shall 159
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be paid to licensed personnel pursuant to a personnel appraisal 160
and compensation system implemented by the State Board of 161
Education. The State Board of Education shall have the authority 162
to adopt and amend rules and regulations as are necessary to 163
establish, administer and maintain the system. 164
All teachers employed on a full-time basis shall be paid a 165
minimum salary in accordance with the above scale. However, no 166
school district shall receive any funds under this section for any 167
school year during which the local supplement paid to any 168
individual teacher shall have been reduced to a sum less than that 169
paid to that individual teacher for performing the same duties 170
from local supplement during the immediately preceding school 171
year. The amount actually spent for the purposes of group health 172
and/or life insurance shall be considered as a part of the 173
aggregate amount of local supplement but shall not be considered a 174
part of the amount of individual local supplement. 175
The level of professional training of each teacher to be used 176
in establishing the salary for the teacher for each year shall be 177
determined by the type of valid teacher's license issued to that 178
teacher on or before October 1 of the current school year. 179
However, school districts are authorized, in their discretion, to 180
negotiate the salary levels applicable to licensed employees who 181
are receiving retirement benefits from the retirement system of 182
another state. 183
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(2) (a) The following employees shall receive an annual 184
salary supplement in the amount of Six Thousand Dollars 185
($6,000.00), plus fringe benefits, in addition to any other 186
compensation to which the employee may be entitled: 187
(i) Any licensed teacher or retired teacher 188
employed by a school district under the authority of Section 189
25-11-126 who has met the requirements and acquired a Master 190
Teacher certificate from the National Board for Professional 191
Teaching Standards and who is employed by a local school board or 192
the State Board of Education as a teacher and not as an 193
administrator. Such teacher shall submit documentation to the 194
State Department of Education that the certificate was received 195
prior to October 15 in order to be eligible for the full salary 196
supplement in the current school year, or the teacher shall submit 197
such documentation to the State Department of Education prior to 198
February 15 in order to be eligible for a prorated salary 199
supplement beginning with the second term of the school year. 200
(ii) A licensed nurse who has met the requirements 201
and acquired a certificate from the National Board for 202
Certification of School Nurses, Inc., and who is employed by a 203
local school board or the State Board of Education as a school 204
nurse and not as an administrator. The licensed school nurse 205
shall submit documentation to the State Department of Education 206
that the certificate was received before October 15 in order to be 207
eligible for the full salary supplement in the current school 208
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year, or the licensed school nurse shall submit the documentation 209
to the State Department of Education before February 15 in order 210
to be eligible for a prorated salary supplement beginning with the 211
second term of the school year. 212
(iii) Any licensed school counselor who has met 213
the requirements and acquired a National Certified School 214
Counselor (NCSC) endorsement from the National Board of Certified 215
Counselors and who is employed by a local school board or the 216
State Board of Education as a counselor and not as an 217
administrator. Such licensed school counselor shall submit 218
documentation to the State Department of Education that the 219
endorsement was received prior to October 15 in order to be 220
eligible for the full salary supplement in the current school 221
year, or the licensed school counselor shall submit such 222
documentation to the State Department of Education prior to 223
February 15 in order to be eligible for a prorated salary 224
supplement beginning with the second term of the school year. 225
However, any school counselor who started the National Board for 226
Professional Teaching Standards process for school counselors 227
between June 1, 2003, and June 30, 2004, and completes the 228
requirements and acquires the Master Teacher certificate shall be 229
entitled to the master teacher supplement, and those counselors 230
who complete the process shall be entitled to a one-time 231
reimbursement for the actual cost of the process as outlined in 232
paragraph (b) of this subsection. 233
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(iv) Any licensed speech-language pathologist and 234
audiologist who has met the requirements and acquired a 235
Certificate of Clinical Competence from the American 236
Speech-Language-Hearing Association and any certified academic 237
language therapist (CALT) who has met the certification 238
requirements of the Academic Language Therapy Association and who 239
is employed by a local school board. The licensed speech-language 240
pathologist and audiologist and certified academic language 241
therapist shall submit documentation to the State Department of 242
Education that the certificate or endorsement was received before 243
October 15 in order to be eligible for the full salary supplement 244
in the current school year, or the licensed speech-language 245
pathologist and audiologist and certified academic language 246
therapist shall submit the documentation to the State Department 247
of Education before February 15 in order to be eligible for a 248
prorated salary supplement beginning with the second term of the 249
school year. 250
(v) Any licensed athletic trainer who has met the 251
requirements and acquired Board Certification for the Athletic 252
Trainer from the Board of Certification, Inc., and who is employed 253
by a local school board or the State Board of Education as an 254
athletic trainer and not as an administrator. The licensed 255
athletic trainer shall submit documentation to the State 256
Department of Education that the certificate was received before 257
October 15 in order to be eligible for the full salary supplement 258
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in the current school year, or the licensed athletic trainer shall 259
submit the documentation to the State Department of Education 260
before February 15 in order to be eligible for a prorated salary 261
supplement beginning with the second term of the school year. 262
(vi) An occupational therapist who has met the 263
requirements and acquired initial certification as an Occupational 264
Therapist registered from the National Board for Certification in 265
Occupational Therapy, Inc., and who is employed by a local school 266
board or the State Board of Education as an occupational therapist 267
and not an administrator. The certified occupational therapist 268
shall submit documentation to the State Department of Education 269
that the certification was received before October 15 in order to 270
be eligible for the full salary supplement in the current school 271
year, or the occupational therapist shall submit the documentation 272
to the State Department of Education before February 15 in order 273
to be eligible for a prorated salary supplement beginning with the 274
second term of the school year. 275
(vii) A licensed school psychologist who has met 276
the requirements and acquired certification as a Nationally 277
Certified School Psychologist (NCSP) from the National Association 278
of School Psychologists (NASP) and who is employed by a local 279
school board or the State Board of Education as a school 280
psychologist. The licensed school psychologist shall submit 281
documentation to the State Department of Education that the 282
certification was received before October 15 in order to be 283
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eligible for the full salary supplement in the current school 284
year, or the licensed school psychologist shall submit the 285
documentation to the State Department of Education before February 286
15 in order to be eligible for a prorated salary supplement 287
beginning with the second term of the school year. 288
(b) An employee shall be reimbursed for the actual cost 289
of completing each component of acquiring the certificate or 290
endorsement, excluding any costs incurred for postgraduate 291
courses, not to exceed Five Hundred Dollars ($500.00) for each 292
component, not to exceed four (4) components, for a teacher, 293
school counselor or speech-language pathologist and audiologist, 294
occupational therapist or school psychologist, regardless of 295
whether or not the process resulted in the award of the 296
certificate or endorsement. A local school district or any 297
private individual or entity may pay the cost of completing the 298
process of acquiring the certificate or endorsement for any 299
employee of the school district described under paragraph (a), and 300
the State Department of Education shall reimburse the school 301
district for such cost, regardless of whether or not the process 302
resulted in the award of the certificate or endorsement. If a 303
private individual or entity has paid the cost of completing the 304
process of acquiring the certificate or endorsement for an 305
employee, the local school district may agree to directly 306
reimburse the individual or entity for such cost on behalf of the 307
employee. 308
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(c) All salary supplements, fringe benefits and process 309
reimbursement authorized under this subsection shall be paid 310
directly by the State Department of Education to the local school 311
district and shall be in addition to its allotments from the total 312
funding formula provided in Sections 37-151-200 through 37-151-215 313
and not a part thereof in accordance with regulations promulgated 314
by the State Board of Education. Local school districts shall not 315
reduce the local supplement paid to any employee receiving such 316
salary supplement, and the employee shall receive any local 317
supplement to which employees with similar training and experience 318
otherwise are entitled. However, an educational employee shall 319
receive the salary supplement in the amount of Six Thousand 320
Dollars ($6,000.00) for only one (1) of the qualifying 321
certifications authorized under paragraph (a) of this subsection. 322
No school district shall provide more than one (1) annual salary 323
supplement under the provisions of this subsection to any one (1) 324
individual employee holding multiple qualifying national 325
certifications. 326
(d) If an employee for whom such cost has been paid, in 327
full or in part, by a local school district or private individual 328
or entity fails to complete the certification or endorsement 329
process, the employee shall be liable to the school district or 330
individual or entity for all amounts paid by the school district 331
or individual or entity on behalf of that employee toward his or 332
her certificate or endorsement. 333
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(3) The following employees shall receive an annual salary 334
supplement in the amount of Four Thousand Dollars ($4,000.00), 335
plus fringe benefits, in addition to any other compensation to 336
which the employee may be entitled: 337
Effective July 1, 2016, if funds are available for that 338
purpose, any licensed teacher or retired teacher employed by a 339
local school district under the authority of Section 25-11-126 who 340
has met the requirements and acquired a Master Teacher Certificate 341
from the National Board for Professional Teaching Standards and 342
who is employed in a public school district located in one (1) of 343
the following counties: Claiborne, Adams, Jefferson, Wilkinson, 344
Amite, Bolivar, Coahoma, Leflore, Quitman, Sharkey, Issaquena, 345
Sunflower, Washington, Holmes, Yazoo and Tallahatchie. The salary 346
supplement awarded under the provisions of this subsection (3) 347
shall be in addition to the salary supplement awarded under the 348
provisions of subsection (2) of this section. 349
Teachers who meet the qualifications for a salary supplement 350
under this subsection (3) who are assigned for less than one (1) 351
full year or less than full time for the school year shall receive 352
the salary supplement in a prorated manner, with the portion of 353
the teacher's assignment to the critical geographic area to be 354
determined as of June 15th of the school year. 355
(4) (a) This subsection shall be known and may be cited as 356
the "Mississippi Performance-Based Pay (MPBP)" plan. In addition 357
to the minimum base pay described in this section, only if funds 358
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are available for that purpose, the State of Mississippi may 359
provide monies from state funds to school districts for the 360
purposes of rewarding licensed teachers, administrators and 361
nonlicensed personnel at individual schools showing improvement in 362
student test scores. The MPBP plan shall be developed by the 363
State Department of Education based on the following criteria: 364
(i) It is the express intent of this legislation 365
that the MPBP plan shall utilize only existing standards of 366
accreditation and assessment as established by the State Board of 367
Education. 368
(ii) To ensure that all of Mississippi's teachers, 369
administrators and nonlicensed personnel at all schools have equal 370
access to the monies set aside in this section, the MPBP program 371
shall be designed to calculate each school's performance as 372
determined by the school's increase in scores from the prior 373
school year. The MPBP program shall be based on a standardized 374
scores rating where all levels of schools can be judged in a 375
statistically fair and reasonable way upon implementation. At the 376
end of each year, after all student achievement scores have been 377
standardized, the State Department of Education shall implement 378
the MPBP plan. 379
(iii) To ensure all teachers cooperate in the 380
spirit of teamwork, individual schools shall submit a plan to the 381
local school district to be approved before the beginning of each 382
school year. The plan shall include, but not be limited to, how 383
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all teachers, regardless of subject area, and administrators will 384
be responsible for improving student achievement for their 385
individual school. 386
(b) The State Board of Education shall develop the 387
processes and procedures for designating schools eligible to 388
participate in the MPBP. State assessment results, growth in 389
student achievement at individual schools and other measures 390
deemed appropriate in designating successful student achievement 391
shall be used in establishing MPBP criteria. 392
(5) (a) If funds are available for that purpose, each 393
school in Mississippi shall have mentor teachers, as defined by 394
Sections 37-9-201 through 37-9-213, who shall receive additional 395
base compensation provided for by the State Legislature in the 396
amount of One Thousand Dollars ($1,000.00) per each beginning 397
teacher that is being mentored. The additional state compensation 398
shall be limited to those mentor teachers that provide mentoring 399
services to beginning teachers. For the purposes of such funding, 400
a beginning teacher shall be defined as any teacher in any school 401
in Mississippi that has less than one (1) year of classroom 402
experience teaching in a public school. For the purposes of such 403
funding, no full-time academic teacher shall mentor more than two 404
(2) beginning teachers. 405
(b) To be eligible for this state funding, the 406
individual school must have a classroom management program 407
approved by the local school board. 408
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(6) Effective with the 2014-2015 school year, the school 409
districts participating in the Pilot Performance-Based 410
Compensation System pursuant to Section 37-19-9 may award 411
additional teacher and administrator pay based thereon. 412
(7) Effective with the 2026-2027 school year the salaries of 413
school district superintendents shall be representative of his or 414
her level of educational attainment, credentials and 415
classification of licensure endorsements and the number of years 416
of relevant experience in the capacity as superintendent, in a 417
manner similar to the methodology used to determine the teacher's 418
salary based upon the minimum pay scale established in subsection 419
(1) of this section. Taking into consideration the criteria 420
mentioned above, no school district superintendent's salary shall 421
exceed two hundred fifty percent (250%) of any licensed teacher 422
possessing the equivalent qualifications with regard to 423
educational attainment, credentials and classification of 424
licensure endorsements and years of relevant experience, which 425
shall also be inclusive of the school district's local 426
supplemental pay. The provisions of this subsection (7) shall not 427
be construed as establishing a mandatory salary for school 428
district superintendents, but shall serve as a limit on the 429
maximum salary a school district is allowed to compensate 430
individuals employed in the capacity as the school district 431
superintendent. Local school districts, in their discretion, may 432
provide a salary that amounts to less than maximum salary limit. 433
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SECTION 2. Section 37-21-7, Mississippi Code of 1972, is 434
brought forward as follows: 435
37-21-7. (1) This section shall be referred to as the 436
"Mississippi Elementary Schools Assistant Teacher Program," the 437
purpose of which shall be to provide an early childhood education 438
program that assists in the instruction of basic skills. The 439
State Board of Education is authorized, empowered and directed to 440
implement a statewide system of assistant teachers in kindergarten 441
classes and in the first, second and third grades. The assistant 442
teacher shall assist pupils in actual instruction under the strict 443
supervision of a licensed teacher. 444
(2) (a) Except as otherwise authorized under subsection 445
(7), each school district shall employ the total number of 446
assistant teachers funded under subsection (6) of this section. 447
The superintendent of each district shall assign the assistant 448
teachers to the kindergarten, first-, second- and third-grade 449
classes in the district in a manner that will promote the maximum 450
efficiency, as determined by the superintendent, in the 451
instruction of skills such as verbal and linguistic skills, 452
logical and mathematical skills, and social skills. 453
(b) If a licensed teacher to whom an assistant teacher 454
has been assigned is required to be absent from the classroom, the 455
assistant teacher may assume responsibility for the classroom in 456
lieu of a substitute teacher. However, no assistant teacher shall 457
assume sole responsibility of the classroom for more than three 458
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(3) consecutive school days. Further, in no event shall any 459
assistant teacher be assigned to serve as a substitute teacher for 460
any teacher other than the licensed teacher to whom that assistant 461
teacher has been assigned. 462
(3) Assistant teachers shall have, at a minimum, a high 463
school diploma or a High School Equivalency Diploma equivalent, 464
and shall show demonstratable proficiency in reading and writing 465
skills. The State Department of Education shall develop a testing 466
procedure for assistant teacher applicants to be used in all 467
school districts in the state. 468
(4) (a) In order to receive funding, each school district 469
shall: 470
(i) Submit a plan on the implementation of a 471
reading improvement program to the State Department of Education; 472
and 473
(ii) Develop a plan of educational accountability 474
and assessment of performance, including pretests and posttests, 475
for reading in Grades 1 through 6. 476
(b) Additionally, each school district shall: 477
(i) Provide annually a mandatory preservice 478
orientation session, using an existing in-school service day, for 479
administrators and teachers on the effective use of assistant 480
teachers as part of a team in the classroom setting and on the 481
role of assistant teachers, with emphasis on program goals; 482
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(ii) Hold periodic workshops for administrators 483
and teachers on the effective use and supervision of assistant 484
teachers; 485
(iii) Provide training annually on specific 486
instructional skills for assistant teachers; 487
(iv) Annually evaluate their program in accordance 488
with their educational accountability and assessment of 489
performance plan; and 490
(v) Designate the necessary personnel to supervise 491
and report on their program. 492
(5) The State Department of Education shall: 493
(a) Develop and assist in the implementation of a 494
statewide uniform training module, subject to the availability of 495
funds specifically appropriated therefor by the Legislature, which 496
shall be used in all school districts for training administrators, 497
teachers and assistant teachers. The module shall provide for the 498
consolidated training of each assistant teacher and teacher to 499
whom the assistant teacher is assigned, working together as a 500
team, and shall require further periodic training for 501
administrators, teachers and assistant teachers regarding the role 502
of assistant teachers; 503
(b) Annually evaluate the program on the district and 504
state level. Subject to the availability of funds specifically 505
appropriated therefor by the Legislature, the department shall 506
develop: (i) uniform evaluation reports, to be performed by the 507
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principal or assistant principal, to collect data for the annual 508
overall program evaluation conducted by the department; or (ii) a 509
program evaluation model that, at a minimum, addresses process 510
evaluation; and 511
(c) Promulgate rules, regulations and such other 512
standards deemed necessary to effectuate the purposes of this 513
section. Noncompliance with the provisions of this section and 514
any rules, regulations or standards adopted by the department may 515
result in a violation of compulsory accreditation standards as 516
established by the State Board of Education and the Commission on 517
School Accreditation. 518
(6) Each school district shall be allotted sufficient 519
funding under the total funding formula provided in Sections 520
37-151-200 through 37-151-215 for the purpose of employing 521
assistant teachers. No assistant teacher shall be paid less than 522
the amount he or she received in the prior school year. No school 523
district shall receive any funds under this section for any school 524
year during which the aggregate amount of the local contribution 525
to the salaries of assistant teachers by the district shall have 526
been reduced below such amount for the previous year. 527
For assistant teachers, the minimum annual salary shall be as 528
follows: 529
2022-2023 and Subsequent Years Minimum Salary...... $17,000.00 530
In addition, for each one percent (1%) that the Sine Die 531
General Fund Revenue Estimate Growth exceeds five percent (5%) in 532
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fiscal year 2006, as certified by the Legislative Budget Office to 533
the State Board of Education and subject to the specific 534
appropriation therefor by the Legislature, the State Board of 535
Education shall revise the salary scale in the appropriate year to 536
provide an additional one percent (1%) across-the-board increase 537
in the base salaries for assistant teachers. The State Board of 538
Education shall revise the salaries prescribed above for assistant 539
teachers to conform to any adjustments made in prior fiscal years 540
due to revenue growth over and above five percent (5%). The 541
assistant teachers shall not be restricted to working only in the 542
grades for which the funds were allotted, but may be assigned to 543
other classes as provided in subsection (2)(a) of this section. 544
(7) (a) As an alternative to employing assistant teachers, 545
any school district may use the funding provided under subsection 546
(6) of this section for the purpose of employing licensed teachers 547
for kindergarten, first-, second- and third-grade classes; 548
however, no school district shall be authorized to use the funding 549
for assistant teachers for the purpose of employing licensed 550
teachers unless the district has established that the employment 551
of licensed teachers using such funds will reduce the 552
teacher:student ratio in the kindergarten, first-, second- and 553
third-grade classes. All state funds for assistant teachers shall 554
be applied to reducing teacher:student ratio in Grades K-3. 555
It is the intent of the Legislature that no school district 556
shall dismiss any assistant teacher for the purpose of using the 557
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assistant teacher funding to employ licensed teachers. School 558
districts may rely only upon normal attrition to reduce the number 559
of assistant teachers employed in that district. 560
(b) Districts meeting the highest levels of 561
accreditation standards, as defined by the State Board of 562
Education, shall be exempted from the provisions of subsection (4) 563
of this section. 564
SECTION 3. Section 25-11-103, Mississippi Code of 1972, is 565
amended as follows: 566
25-11-103. (1) The following words and phrases as used in 567
Articles 1 and 3, unless a different meaning is plainly required 568
by the context, have the following meanings: 569
(a) "Accumulated contributions" means the sum of all 570
the amounts deducted from the compensation of a member and 571
credited to his or her individual account in the annuity savings 572
account, together with regular interest as provided in Section 573
25-11-123. 574
(b) "Actuarial cost" means the amount of funds 575
presently required to provide future benefits as determined by the 576
board based on applicable tables and formulas provided by the 577
actuary. 578
(c) "Actuarial equivalent" means a benefit of equal 579
value to the accumulated contributions, annuity or benefit, as the 580
case may be, when computed upon the basis of such mortality tables 581
as adopted by the board of trustees, and regular interest. 582
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(d) "Actuarial tables" mean such tables of mortality 583
and rates of interest as adopted by the board in accordance with 584
the recommendation of the actuary. 585
(e) "Agency" means any governmental body employing 586
persons in the state service. 587
(f) "Average compensation" means, for persons who 588
became members of the system before March 1, 2026, and for first 589
responders who became members of the system on or after March 1, 590
2026, the average of the four (4) highest years of earned 591
compensation reported for an employee in a fiscal or calendar year 592
period, or combination thereof that do not overlap, or the last 593
forty-eight (48) consecutive months of earned compensation 594
reported for an employee. The four (4) years need not be 595
successive or joined years of service. "Average compensation" 596
means, for persons who became members of the system on or after 597
March 1, 2026, except for first responders who became members of 598
the system on or after March 1, 2026, the average of the * * * 599
four (4) highest consecutive years of earned compensation reported 600
for an employee in a fiscal or calendar year period, or of the 601
last * * * forty-eight (48) consecutive months of earned 602
compensation reported for an employee, whichever is greater. 603
In computing the average compensation for retirement, 604
disability or survivor benefits, any amount lawfully paid in a 605
lump sum for personal leave or major medical leave shall be 606
included in the calculation to the extent that the amount does not 607
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exceed an amount that is equal to thirty (30) days of earned 608
compensation and to the extent that it does not cause the 609
employee's earned compensation to exceed the maximum reportable 610
amount specified in paragraph (k) of this subsection; however, 611
this thirty-day limitation shall not prevent the inclusion in the 612
calculation of leave earned under federal regulations before July 613
1, 1976, and frozen as of that date as referred to in Section 614
25-3-99. In computing the average compensation, no amounts shall 615
be used that are in excess of the amount on which contributions 616
were required and paid, and no nontaxable amounts paid by the 617
employer for health or life insurance premiums for the employee 618
shall be used. If any member who is or has been granted any 619
increase in annual salary or compensation of more than eight 620
percent (8%) retires within twenty-four (24) months from the date 621
that the increase becomes effective, then the board shall exclude 622
that part of the increase in salary or compensation that exceeds 623
eight percent (8%) in calculating that member's average 624
compensation for retirement purposes. The board may enforce this 625
provision by rule or regulation. However, increases in 626
compensation in excess of eight percent (8%) per year granted 627
within twenty-four (24) months of the date of retirement may be 628
included in the calculation of average compensation if 629
satisfactory proof is presented to the board showing that the 630
increase in compensation was the result of an actual change in the 631
position held or services rendered, or that the compensation 632
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increase was authorized by the State Personnel Board or was 633
increased as a result of statutory enactment, and the employer 634
furnishes an affidavit stating that the increase granted within 635
the last twenty-four (24) months was not contingent on a promise 636
or agreement of the employee to retire. Nothing in Section 637
25-3-31 shall affect the calculation of the average compensation 638
of any member for the purposes of this article. The average 639
compensation of any member who retires before July 1, 1992, shall 640
not exceed the annual salary of the Governor. 641
(g) "Beneficiary" means any person entitled to receive 642
a retirement allowance, an annuity or other benefit as provided by 643
Articles 1 and 3. The term "beneficiary" may also include an 644
organization, estate, trust or entity; however, a beneficiary 645
designated or entitled to receive monthly payments under an 646
optional settlement based on life contingency or under a statutory 647
monthly benefit may only be a natural person. In the event of the 648
death before retirement of any member who became a member of the 649
system before July 1, 2007, and whose spouse and/or children are 650
not entitled to a retirement allowance on the basis that the 651
member has less than four (4) years of membership service credit, 652
or who became a member of the system on or after July 1, 2007, and 653
whose spouse and/or children are not entitled to a retirement 654
allowance on the basis that the member has less than eight (8) 655
years of membership service credit, and/or has not been married 656
for a minimum of one (1) year or the spouse has waived his or her 657
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entitlement to a retirement allowance under Section 25-11-114, the 658
lawful spouse of a member at the time of the death of the member 659
shall be the beneficiary of the member unless the member has 660
designated another beneficiary after the date of marriage in 661
writing, and filed that writing in the office of the executive 662
director of the board of trustees. No designation or change of 663
beneficiary shall be made in any other manner. 664
(h) "Board" means the board of trustees provided in 665
Section 25-11-15 to administer the retirement system created under 666
this article. 667
(i) "Creditable service" means "prior service," 668
"retroactive service" and all lawfully credited unused leave not 669
exceeding the accrual rates and limitations provided in Section 670
25-3-91 et seq., as of the date of withdrawal from service plus 671
"membership service" and other service for which credit is 672
allowable as provided in Section 25-11-109. Except to limit 673
creditable service reported to the system for the purpose of 674
computing an employee's retirement allowance or annuity or 675
benefits provided in this article, nothing in this paragraph shall 676
limit or otherwise restrict the power of the governing authority 677
of a municipality or other political subdivision of the state to 678
adopt such vacation and sick leave policies as it deems necessary. 679
(j) "Child" means either a natural child of the member, 680
a child that has been made a child of the member by applicable 681
court action before the death of the member, or a child under the 682
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permanent care of the member at the time of the latter's death, 683
which permanent care status shall be determined by evidence 684
satisfactory to the board. For purposes of this paragraph, a 685
natural child of the member is a child of the member that is 686
conceived before the death of the member. 687
(k) "Earned compensation" means the full amount earned 688
during a fiscal year by an employee not to exceed the employee 689
compensation limit set pursuant to Section 401(a)(17) of the 690
Internal Revenue Code for the calendar year in which the fiscal 691
year begins and proportionately for less than one (1) year of 692
service. Except as otherwise provided in this paragraph, the 693
value of maintenance furnished to an employee shall not be 694
included in earned compensation. Earned compensation shall not 695
include any amounts paid by the employer for health or life 696
insurance premiums for an employee. Earned compensation shall be 697
limited to the regular periodic compensation paid, exclusive of 698
litigation fees, bond fees, performance-based incentive payments, 699
and other similar extraordinary nonrecurring payments. In 700
addition, any member in a covered position, as defined by Public 701
Employees' Retirement System laws and regulations, who is also 702
employed by another covered agency or political subdivision shall 703
have the earnings of that additional employment reported to the 704
Public Employees' Retirement System regardless of whether the 705
additional employment is sufficient in itself to be a covered 706
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position. In addition, computation of earned compensation shall 707
be governed by the following: 708
(i) In the case of constables, the net earnings 709
from their office after deduction of expenses shall apply, except 710
that in no case shall earned compensation be less than the total 711
direct payments made by the state or governmental subdivisions to 712
the official. 713
(ii) In the case of chancery or circuit clerks, 714
the net earnings from their office after deduction of expenses 715
shall apply as expressed in Section 25-11-123(f)(4). 716
(iii) In the case of members of the State 717
Legislature, all remuneration or amounts paid, except mileage 718
allowance, shall apply. 719
(iv) The amount by which an eligible employee's 720
salary is reduced under a salary reduction agreement authorized 721
under Section 25-17-5 shall be included as earned compensation 722
under this paragraph, provided this inclusion does not conflict 723
with federal law, including federal regulations and federal 724
administrative interpretations under the federal law, pertaining 725
to the Federal Insurance Contributions Act or to Internal Revenue 726
Code Section 125 cafeteria plans. 727
(v) Compensation in addition to an employee's base 728
salary that is paid to the employee under the vacation and sick 729
leave policies of a municipality or other political subdivision of 730
the state that employs him or her that exceeds the maximums 731
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authorized by Section 25-3-91 et seq. shall be excluded from the 732
calculation of earned compensation under this article. 733
(vi) The maximum salary applicable for retirement 734
purposes before July 1, 1992, shall be the salary of the Governor. 735
(vii) Nothing in Section 25-3-31 shall affect the 736
determination of the earned compensation of any member for the 737
purposes of this article. 738
(viii) The value of maintenance furnished to an 739
employee before July 1, 2013, for which the proper amount of 740
employer and employee contributions have been paid, shall be 741
included in earned compensation. From and after July 1, 2013, the 742
value of maintenance furnished to an employee shall be reported as 743
earned compensation only if the proper amount of employer and 744
employee contributions have been paid on the maintenance and the 745
employee was receiving maintenance and having maintenance reported 746
to the system as of June 30, 2013. The value of maintenance when 747
not paid in money shall be fixed by the employing state agency, 748
and, in case of doubt, by the board of trustees as defined in 749
Section 25-11-15. 750
(ix) Except as otherwise provided in this 751
paragraph, the value of any in-kind benefits provided by the 752
employer shall not be included in earned compensation. As used in 753
this subparagraph, "in-kind benefits" shall include, but not be 754
limited to, group life insurance premiums, health or dental 755
insurance premiums, nonpaid major medical and personal leave, 756
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employer contributions for social security and retirement, tuition 757
reimbursement or educational funding, day care or transportation 758
benefits. 759
(l) "Employee" means any person legally occupying a 760
position in the state service, and shall include the employees of 761
the retirement system created under this article. 762
(m) "Employer" means the State of Mississippi or any of 763
its departments, agencies or subdivisions from which any employee 764
receives his or her compensation. 765
(n) "Executive director" means the secretary to the 766
board of trustees, as provided in Section 25-11-15(9), and the 767
administrator of the Public Employees' Retirement System and all 768
systems under the management of the board of trustees. Wherever 769
the term "Executive Secretary of the Public Employees' Retirement 770
System" or "executive secretary" appears in this article or in any 771
other provision of law, it shall be construed to mean the 772
Executive Director of the Public Employees' Retirement System. 773
(o) "Fiscal year" means the period beginning on July 1 774
of any year and ending on June 30 of the next succeeding year. 775
(p) "Medical board" means the board of physicians or 776
any governmental or nongovernmental disability determination 777
service designated by the board of trustees that is qualified to 778
make disability determinations as provided for in Section 779
25-11-119. 780
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(q) "Member" means any person included in the 781
membership of the system as provided in Section 25-11-105. For 782
purposes of Sections 25-11-103, 25-11-105, 25-11-109, 25-11-111, 783
25-11-113, 25-11-114, 25-11-115 and 25-11-117, if a member of the 784
system withdrew from state service and received a refund of the 785
amount of the accumulated contributions to the credit of the 786
member in the annuity savings account before July 1, 2007, and the 787
person reenters state service and becomes a member of the system 788
again on or after July 1, 2007, and repays all or part of the 789
amount received as a refund and interest in order to receive 790
creditable service for service rendered before July 1, 2007, the 791
member shall be considered to have become a member of the system 792
on or after July 1, 2007, subject to the eight-year membership 793
service requirement, as applicable in those sections. For 794
purposes of Sections 25-11-103, 25-11-111, 25-11-114 and 795
25-11-115, if a member of the system withdrew from state service 796
and received a refund of the amount of the accumulated 797
contributions to the credit of the member in the annuity savings 798
account before July 1, 2011, and the person reenters state service 799
and becomes a member of the system again on or after July 1, 2011, 800
and repays all or part of the amount received as a refund and 801
interest in order to receive creditable service for service 802
rendered before July 1, 2011, the member shall be considered to 803
have become a member of the system on or after July 1, 2011. If a 804
member of the system withdrew from state service and received a 805
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refund of the amount of the accumulated contributions to the 806
credit of the member in the annuity savings account before March 807
1, 2026, and the person reenters state service and becomes a 808
member of the system again on or after March 1, 2026, the member 809
shall be considered to have become a member of the system on or 810
after March 1, 2026, and may not receive creditable service for 811
service rendered before March 1, 2026. 812
(r) "Membership service" means service as an employee 813
in a covered position rendered while a contributing member of the 814
retirement system. 815
(s) "Position" means any office or any employment in 816
the state service, or two (2) or more of them, the duties of which 817
call for services to be rendered by one (1) person, including 818
positions jointly employed by federal and state agencies 819
administering federal and state funds. The employer shall 820
determine upon initial employment and during the course of 821
employment of an employee who does not meet the criteria for 822
coverage in the Public Employees' Retirement System based on the 823
position held, whether the employee is or becomes eligible for 824
coverage in the Public Employees' Retirement System based upon any 825
other employment in a covered agency or political subdivision. If 826
or when the employee meets the eligibility criteria for coverage 827
in the other position, then the employer must withhold 828
contributions and report wages from the noncovered position in 829
accordance with the provisions for reporting of earned 830
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compensation. Failure to deduct and report those contributions 831
shall not relieve the employee or employer of liability thereof. 832
The board shall adopt such rules and regulations as necessary to 833
implement and enforce this provision. 834
(t) "Prior service" means: 835
(i) For persons who became members of the system 836
before July 1, 2007, service rendered before February 1, 1953, for 837
which credit is allowable under Sections 25-11-105 and 25-11-109, 838
and which shall allow prior service for any person who is now or 839
becomes a member of the Public Employees' Retirement System and 840
who does contribute to the system for a minimum period of four (4) 841
years. 842
(ii) For persons who became members of the system 843
on or after July 1, 2007, service rendered before February 1, 844
1953, for which credit is allowable under Sections 25-11-105 and 845
25-11-109, and which shall allow prior service for any person who 846
is now or becomes a member of the Public Employees' Retirement 847
System and who does contribute to the system for a minimum period 848
of eight (8) years. 849
(u) "Regular interest" means interest compounded 850
annually at such a rate as determined by the board in accordance 851
with Section 25-11-121. 852
(v) "Retirement allowance" means an annuity for life as 853
provided in this article, payable each year in twelve (12) equal 854
monthly installments beginning as of the date fixed by the board. 855
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assistant teachers.
The retirement allowance shall be calculated in accordance with 856
Section 25-11-111. However, any spouse who received a spouse 857
retirement benefit in accordance with Section 25-11-111(d) before 858
March 31, 1971, and those benefits were terminated because of 859
eligibility for a social security benefit, may again receive his 860
or her spouse retirement benefit from and after making application 861
with the board of trustees to reinstate the spouse retirement 862
benefit. 863
(w) "Retroactive service" means service rendered after 864
February 1, 1953, for which credit is allowable under Section 865
25-11-105(b) and Section 25-11-105(k). 866
(x) "System" means the Public Employees' Retirement 867
System of Mississippi established and described in Section 868
25-11-101. 869
(y) "State" means the State of Mississippi or any 870
political subdivision thereof or instrumentality of the state. 871
(z) "State service" means all offices and positions of 872
trust or employment in the employ of the state, or any political 873
subdivision or instrumentality of the state, that elect to 874
participate as provided by Section 25-11-105(f), including the 875
position of elected or fee officials of the counties and their 876
deputies and employees performing public services or any 877
department, independent agency, board or commission thereof, and 878
also includes all offices and positions of trust or employment in 879
the employ of joint state and federal agencies administering state 880
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and federal funds and service rendered by employees of the public 881
schools. Effective July 1, 1973, all nonprofessional public 882
school employees, such as bus drivers, janitors, maids, 883
maintenance workers and cafeteria employees, shall have the option 884
to become members in accordance with Section 25-11-105(b), and 885
shall be eligible to receive credit for services before July 1, 886
1973, provided that the contributions and interest are paid by the 887
employee in accordance with that section; in addition, the county 888
or municipal separate school district may pay the employer 889
contribution and pro rata share of interest of the retroactive 890
service from available funds. "State service" shall not include 891
the President of the Mississippi Lottery Corporation and personnel 892
employed by the Mississippi Lottery Corporation. From and after 893
July 1, 1998, retroactive service credit shall be purchased at the 894
actuarial cost in accordance with Section 25-11-105(b). 895
(aa) "Withdrawal from service" or "termination from 896
service" means complete severance of employment in the state 897
service of any member by resignation, dismissal or discharge. 898
(bb) "First responder" means a law enforcement officer, 899
firefighter or emergency medical services provider. 900
(cc) "Law enforcement officer" means any of the 901
following persons who are authorized to carry a firearm while in 902
the performance of their official duties and who have met the 903
minimum educational and training standards established by the 904
Board on Law Enforcement Officer Standards and Training for 905
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permanent, full-time law enforcement officers and have received a 906
certificate from that board: 907
(i) Municipal police officers and narcotics 908
agents, but not officers who are engaged only in administrative or 909
civil duties; 910
(ii) Sheriffs and deputy sheriffs, but not deputy 911
sheriffs who are engaged only in administrative or civil duties; 912
(iii) Constables; 913
(iv) Conservation officers of the Department of 914
Wildlife, Fisheries and Parks; 915
(v) Enforcement officers of the Department of 916
Marine Resources; 917
(vi) Agents and inspectors of the Alcoholic 918
Beverage Control Division of the Department of Revenue; 919
(vii) Commercial transportation inspection station 920
employees, enforcement officers, field inspectors, railroad 921
inspectors and other inspectors of the Department of Public 922
Safety; 923
(viii) Capitol Police officers of the Department 924
of Public Safety; 925
(ix) State correctional facility guards and 926
enforcement officers of the Department of Corrections; 927
(x) Municipal or county jail officers, guards and 928
enforcement officers; and 929
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(xi) Any other full-time officer or employee of 930
the state or any county, municipality or other political 931
subdivision of the state, not listed in subparagraphs (i) through 932
(x) of this paragraph, who is authorized to carry a firearm while 933
in the performance of his or her official duties and who has met 934
the minimum educational and training standards established by the 935
Board on Law Enforcement Officer Standards and Training for 936
permanent, full-time law enforcement officers and has received a 937
certificate from that board. 938
(dd) "Firefighter" means a person who is trained for 939
the prevention and control of loss of life and property from fire 940
or other emergencies, who is assigned to firefighting activity and 941
is required to respond to alarms and perform emergency actions at 942
the location of a fire, hazardous materials or other emergency 943
incident, who is employed full time by the state or any county, 944
municipality or other political subdivision of the state, and who 945
has met the minimum educational and training standards established 946
by the Mississippi Fire Personnel Minimum Standards and 947
Certification Board for permanent, full-time firefighters and has 948
received a certificate from that board. 949
(ee) "Emergency medical services provider" means a 950
person who is certified by the State Department of Health as one 951
of the types of emergency medical services personnel under Section 952
41-59-1 et seq., and who is employed full time by the state or any 953
county, municipality or other political subdivision of the state. 954
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This term also includes 911 dispatchers who are employed full time 955
by the state or any county, municipality or other political 956
subdivision of the state. 957
( * * *ff) The masculine pronoun, wherever used, 958
includes the feminine pronoun. 959
(2) For purposes of this article, the term "political 960
subdivision" shall have the meaning ascribed to such term in 961
Section 25-11-5 and shall also include public charter schools. 962
SECTION 4. Section 25-11-109, Mississippi Code of 1972, is 963
amended as follows: 964
25-11-109. (1) Under such rules and regulations as the 965
board of trustees shall adopt, each person who becomes a member of 966
this retirement system, as provided in Section 25-11-105, on or 967
before July 1, 1953, or who became a member of the system before 968
July 1, 2007, and contributes to the system for a minimum period 969
of four (4) years, or who became a member of the system on or 970
after July 1, 2007, and contributes to the system for a minimum 971
period of eight (8) years, shall receive credit for all state 972
service rendered before February 1, 1953. To receive that credit, 973
the member shall file a detailed statement of all services as an 974
employee rendered by him or her in the state service before 975
February 1, 1953. For any member who joined the system after July 976
1, 1953, and before July 1, 2007, any creditable service for which 977
the member is not required to make contributions shall not be 978
credited to the member until the member has contributed to the 979
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system for a minimum period of at least four (4) years. For any 980
member who joined the system on or after July 1, 2007, but before 981
March 1, 2026, or for any first responder who became a member of 982
the system on or after March 1, 2026, any creditable service for 983
which the member is not required to make contributions shall not 984
be credited to the member until the member has contributed to the 985
system for a minimum period of at least eight (8) years. 986
(2) (a) (i) In the computation of creditable service for 987
service rendered before July 1, 2017, under the provisions of this 988
article, the total months of accumulative service during any 989
fiscal year shall be calculated in accordance with the schedule as 990
follows: ten (10) or more months of creditable service during any 991
fiscal year shall constitute a year of creditable service; seven 992
(7) months to nine (9) months inclusive, three-quarters (3/4) of a 993
year of creditable service; four (4) months to six (6) months 994
inclusive, one-half (1/2) year of creditable service; one (1) 995
month to three (3) months inclusive, one-quarter (1/4) of a year 996
of creditable service. 997
(ii) In the computation of creditable service 998
rendered on or after July 1, 2017, under the provisions of this 999
article, service credit shall be awarded in monthly increments in 1000
a manner prescribed by regulations of the board. 1001
(b) In no case shall credit be allowed for any period 1002
of absence without compensation except for disability while in 1003
receipt of a disability retirement allowance, nor shall less than 1004
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fifteen (15) days of service in any month, or service less than 1005
the equivalent of one-half (1/2) of the normal working load for 1006
the position and less than one-half (1/2) of the normal 1007
compensation for the position in any month, constitute a month of 1008
creditable service, nor shall more than one (1) year of service be 1009
creditable for all services rendered in any one (1) fiscal year; 1010
however, for a school employee, substantial completion of the 1011
legal school term when and where the service was rendered shall 1012
constitute a year of service credit. Any state or local elected 1013
official shall be deemed a full-time employee for the purpose of 1014
creditable service. However, an appointed or elected official 1015
compensated on a per diem basis only shall not be allowed 1016
creditable service for terms of office. 1017
(c) In the computation of any retirement allowance or 1018
any annuity or benefits provided in this article, any fractional 1019
period of service of less than one (1) year shall be taken into 1020
account and a proportionate amount of such retirement allowance, 1021
annuity or benefit shall be granted for any such fractional period 1022
of service. 1023
(d) (i) In the computation of unused leave for 1024
creditable service authorized in Section 25-11-103, the following 1025
shall govern for members who retire before July 1, 2017: 1026
twenty-one (21) days of unused leave shall constitute one (1) 1027
month of creditable service and in no case shall credit be allowed 1028
for any period of unused leave of less than fifteen (15) days. 1029
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The number of months of unused leave shall determine the number of 1030
quarters or years of creditable service in accordance with the 1031
above schedule for membership and prior service. 1032
(ii) In the computation of unused leave for 1033
creditable service authorized in Section 25-11-103, the following 1034
shall govern for members who retire on or after July 1, 2017: 1035
creditable service for unused leave shall be calculated in monthly 1036
increments in which one (1) month of service credit shall be 1037
awarded for each twenty-one (21) days of unused leave, except that 1038
the first fifteen (15) to fifty-seven (57) days of leave shall 1039
constitute three (3) months of service for those who became a 1040
member of the system before July 1, 2017. 1041
(iii) In order for the member to receive 1042
creditable service for the number of days of unused leave under 1043
this paragraph, the system must receive certification from the 1044
governing authority. 1045
(iv) For anyone who becomes a member of the system 1046
on or after March 1, 2026, except for a first responder who became 1047
a member of the system on or after March 1, 2026, no service 1048
credit shall be awarded for unused leave. 1049
(e) For the purposes of this subsection, members of the 1050
system who retire on or after July 1, 2010, shall receive credit 1051
for one-half (1/2) day of leave for each full year of membership 1052
service accrued after June 30, 2010. The amount of leave received 1053
by a member under this paragraph shall be added to the lawfully 1054
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credited unused leave for which creditable service is provided 1055
under Section 25-11-103(i). 1056
(f) For the purpose of this subsection, for members of 1057
the system who are elected officers and who retire on or after 1058
July 1, 1987, the following shall govern: 1059
(i) For service before July 1, 1984, the members 1060
shall receive credit for leave (combined personal and major 1061
medical) for service as an elected official before that date at 1062
the rate of thirty (30) days per year. 1063
(ii) For service on and after July 1, 1984, the 1064
member shall receive credit for personal and major medical leave 1065
beginning July 1, 1984, at the rates authorized in Sections 1066
25-3-93 and 25-3-95, computed as a full-time employee. 1067
(iii) If a member is employed in a covered 1068
nonelected position and a covered elected position simultaneously, 1069
that member may not receive service credit for accumulated unused 1070
leave for both positions at retirement for the period during which 1071
the member was dually employed. During the period during which 1072
the member is dually employed, the member shall only receive 1073
credit for leave as provided for in this paragraph for an elected 1074
official. 1075
(iv) For any elected official who becomes a member 1076
of the system on or after March 1, 2026, except for an elected 1077
official who is a first responder and who became a member of the 1078
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system on or after March 1, 2026, no service credit shall be 1079
awarded for leave. 1080
(3) Subject to the above restrictions and to such other 1081
rules and regulations as the board may adopt, the board shall 1082
verify, as soon as practicable after the filing of such statements 1083
of service, the services therein claimed. 1084
(4) Upon verification of the statement of prior service, the 1085
board shall issue a prior service certificate certifying to each 1086
member the length of prior service for which credit shall have 1087
been allowed on the basis of his or her statement of service. So 1088
long as membership continues, a prior service certificate shall be 1089
final and conclusive for retirement purposes as to such service, 1090
provided that any member may within five (5) years from the date 1091
of issuance or modification of such certificate request the board 1092
of trustees to modify or correct his or her prior service 1093
certificate. Any modification or correction authorized shall only 1094
apply prospectively. 1095
When membership ceases, such prior service certificates shall 1096
become void. Should the employee again become a member, he or she 1097
shall enter the system as an employee not entitled to prior 1098
service credit except as provided in Sections 25-11-105(I), 1099
25-11-113 and 25-11-117. 1100
(5) Creditable service at retirement, on which the 1101
retirement allowance of a member shall be based, shall consist of 1102
the membership service rendered by him or her since he or she last 1103
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became a member, and also, if he or she has a prior service 1104
certificate that is in full force and effect, the amount of the 1105
service certified on his or her prior service certificate. 1106
(6) Any member who served on active duty in the Armed Forces 1107
of the United States, who served in the Commissioned Corps of the 1108
United States Public Health Service before 1972 or who served in 1109
maritime service during periods of hostility in World War II, 1110
shall be entitled to creditable service at no cost for his or her 1111
service on active duty in the Armed Forces, in the Commissioned 1112
Corps of the United States Public Health Service before 1972 or in 1113
such maritime service, provided he or she entered state service 1114
after his or her discharge from the Armed Forces or entered state 1115
service after he completed such maritime service. The maximum 1116
period for such creditable service for all military service as 1117
defined in this subsection (6) shall not exceed four (4) years 1118
unless positive proof can be furnished by such person that he was 1119
retained in the Armed Forces during World War II or in maritime 1120
service during World War II by causes beyond his control and 1121
without opportunity of discharge. The member shall furnish proof 1122
satisfactory to the board of trustees of certification of military 1123
service or maritime service records showing dates of entrance into 1124
active duty service and the date of discharge. From and after 1125
July 1, 1993, no creditable service shall be granted for any 1126
military service or maritime service to a member who qualifies for 1127
a retirement allowance in another public retirement system 1128
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administered by the Board of Trustees of the Public Employees' 1129
Retirement System based, in whole or in part, on such military or 1130
maritime service. In no case shall the member receive creditable 1131
service if the member received a dishonorable discharge from the 1132
Armed Forces of the United States. 1133
(7) (a) Any member of the Public Employees' Retirement 1134
System whose membership service is interrupted as a result of 1135
qualified military service within the meaning of Section 414(u)(5) 1136
of the Internal Revenue Code, and who has received the maximum 1137
service credit available under subsection (6) of this section, 1138
shall receive creditable service for the period of qualified 1139
military service that does not qualify as creditable service under 1140
subsection (6) of this section upon reentering membership service 1141
in an amount not to exceed five (5) years if: 1142
(i) The member pays the contributions he or she 1143
would have made to the retirement system if he or she had remained 1144
in membership service for the period of qualified military service 1145
based upon his or her salary at the time his or her membership 1146
service was interrupted; 1147
(ii) The member returns to membership service 1148
within ninety (90) days of the end of his or her qualified 1149
military service; and 1150
(iii) The employer at the time the member's 1151
service was interrupted and to which employment the member returns 1152
pays the contributions it would have made into the retirement 1153
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system for such period based on the member's salary at the time 1154
the service was interrupted. 1155
(b) The payments required to be made in paragraph 1156
(a)(i) of this subsection may be made over a period beginning with 1157
the date of return to membership service and not exceeding three 1158
(3) times the member's qualified military service; however, in no 1159
event shall such period exceed five (5) years. 1160
(c) The member shall furnish proof satisfactory to the 1161
board of trustees of certification of military service showing 1162
dates of entrance into qualified service and the date of discharge 1163
as well as proof that the member has returned to active employment 1164
within the time specified. 1165
(8) Any member of the Public Employees' Retirement System 1166
who became a member of the system before July 1, 2007, and who has 1167
at least four (4) years of membership service credit, or who 1168
became a member of the system on or after July 1, 2007, but before 1169
March 1, 2026, or any first responder who became a member of the 1170
system on or after March 1, 2026, and who has at least eight (8) 1171
years of membership service credit, shall be entitled to receive a 1172
maximum of five (5) years' creditable service for service rendered 1173
in another state as a public employee of such other state, or a 1174
political subdivision, public education system or other 1175
governmental instrumentality thereof, or service rendered as a 1176
teacher in American overseas dependent schools conducted by the 1177
Armed Forces of the United States for children of citizens of the 1178
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United States residing in areas outside the continental United 1179
States, provided that: 1180
(a) The member shall furnish proof satisfactory to the 1181
board of trustees of certification of such services from the 1182
state, public education system, political subdivision or 1183
retirement system of the state where the services were performed 1184
or the governing entity of the American overseas dependent school 1185
where the services were performed; and 1186
(b) The member is not receiving or will not be entitled 1187
to receive from the public retirement system of the other state or 1188
from any other retirement plan, including optional retirement 1189
plans, sponsored by the employer, a retirement allowance including 1190
such services; and 1191
(c) The member shall pay to the retirement system on 1192
the date he or she is eligible for credit for such out-of-state 1193
service or at any time thereafter before the date of retirement 1194
the actuarial cost as determined by the actuary for each year of 1195
out-of-state creditable service. The provisions of this 1196
subsection are subject to the limitations of Section 415 of the 1197
Internal Revenue Code and regulations promulgated under that 1198
section. 1199
(9) Any member of the Public Employees' Retirement System 1200
who became a member of the system before July 1, 2007, and has at 1201
least four (4) years of membership service credit, or who became a 1202
member of the system on or after July 1, 2007, but before March 1, 1203
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2026, or any first responder who became a member of the system on 1204
or after March 1, 2026, and who has at least eight (8) years of 1205
membership service credit, and who receives, or has received, 1206
professional leave without compensation for professional purposes 1207
directly related to the employment in state service shall receive 1208
creditable service for the period of professional leave without 1209
compensation provided: 1210
(a) The professional leave is performed with a public 1211
institution or public agency of this state, or another state or 1212
federal agency; 1213
(b) The employer approves the professional leave 1214
showing the reason for granting the leave and makes a 1215
determination that the professional leave will benefit the 1216
employee and employer; 1217
(c) Such professional leave shall not exceed two (2) 1218
years during any ten-year period of state service; 1219
(d) The employee shall serve the employer on a 1220
full-time basis for a period of time equivalent to the 1221
professional leave period granted immediately following the 1222
termination of the leave period; 1223
(e) The contributing member shall pay to the retirement 1224
system the actuarial cost as determined by the actuary for each 1225
year of professional leave. The provisions of this subsection are 1226
subject to the regulations of the Internal Revenue Code 1227
limitations; 1228
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(f) Such other rules and regulations consistent 1229
herewith as the board may adopt and in case of question, the board 1230
shall have final power to decide the questions. 1231
Any actively contributing member participating in the School 1232
Administrator Sabbatical Program established in Section 37-9-77 1233
shall qualify for continued participation under this subsection 1234
(9). 1235
(10) Any member of the Public Employees' Retirement System 1236
who became a member of the system before July 1, 2007, and has at 1237
least four (4) years of credited membership service, or who became 1238
a member of the system on or after July 1, 2007, but before March 1239
1, 2026, or any first responder who became a member of the system 1240
on or after March 1, 2026, and who has at least eight (8) years of 1241
credited membership service, shall be entitled to receive a 1242
maximum of ten (10) years creditable service for: 1243
(a) Any service rendered as an employee of any 1244
political subdivision of this state, or any instrumentality 1245
thereof, that does not participate in the Public Employees' 1246
Retirement System; or 1247
(b) Any service rendered as an employee of any 1248
political subdivision of this state, or any instrumentality 1249
thereof, that participates in the Public Employees' Retirement 1250
System but did not elect retroactive coverage; or 1251
(c) Any service rendered as an employee of any 1252
political subdivision of this state, or any instrumentality 1253
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thereof, for which coverage of the employee's position was or is 1254
excluded; provided that the member pays into the retirement system 1255
the actuarial cost as determined by the actuary for each year, or 1256
portion thereof, of such service. After a member has made full 1257
payment to the retirement system for all or any part of such 1258
service, the member shall receive creditable service for the 1259
period of such service for which full payment has been made to the 1260
retirement system. 1261
SECTION 5. Section 25-11-111, Mississippi Code of 1972, is 1262
amended as follows: 1263
25-11-111. (a) (1) Any member who became a member of the 1264
system before July 1, 2007, upon withdrawal from service upon or 1265
after attainment of the age of sixty (60) years who has completed 1266
at least four (4) years of membership service, or any member who 1267
became a member of the system before July 1, 2011, or any first 1268
responder who became a member of the system on or after March 1, 1269
2026, upon withdrawal from service regardless of age who has 1270
completed at least twenty-five (25) years of creditable service, 1271
shall be entitled to receive a retirement allowance, which shall 1272
begin on the first of the month following the date the member's 1273
application for the allowance is received by the board, but in no 1274
event before withdrawal from service. 1275
(2) Any member who became a member of the system on or 1276
after July 1, 2007, but before March 1, 2026, except for any first 1277
responder who became a member of the system on or after March 1, 1278
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2026, upon withdrawal from service upon or after attainment of the 1279
age of sixty (60) years who has completed at least eight (8) years 1280
of membership service, or any member who became a member of the 1281
system on or after July 1, 2011, * * * upon withdrawal from 1282
service regardless of age who has completed at least thirty (30) 1283
years of creditable service, shall be entitled to receive a 1284
retirement allowance, which shall begin on the first of the month 1285
following the date the member's application for the allowance is 1286
received by the board, but in no event before withdrawal from 1287
service. 1288
* * * 1289
(b) (1) Any member who became a member of the system before 1290
July 1, 2007, whose withdrawal from service occurs before 1291
attaining the age of sixty (60) years who has completed four (4) 1292
or more years of membership service and has not received a refund 1293
of his or her accumulated contributions, shall be entitled to 1294
receive a retirement allowance, beginning upon his or her 1295
attaining the age of sixty (60) years, of the amount earned and 1296
accrued at the date of withdrawal from service. The retirement 1297
allowance shall begin on the first of the month following the date 1298
the member's application for the allowance is received by the 1299
board, but in no event before withdrawal from service. 1300
(2) Any member who became a member of the system on or 1301
after July 1, 2007, * * * or any first responder who became a 1302
member of the system on or after March 1, 2026, whose withdrawal 1303
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from service occurs before attaining the age of sixty (60) years 1304
who has completed eight (8) or more years of membership service 1305
and has not received a refund of his or her accumulated 1306
contributions, shall be entitled to receive a retirement 1307
allowance, beginning upon his or her attaining the age of sixty 1308
(60) years, of the amount earned and accrued at the date of 1309
withdrawal from service. The retirement allowance shall begin on 1310
the first of the month following the date the member's application 1311
for the allowance is received by the board, but in no event before 1312
withdrawal from service. 1313
* * * 1314
(c) Any member in service who has qualified for retirement 1315
benefits may select any optional method of settlement of 1316
retirement benefits by notifying the Executive Director of the 1317
Board of Trustees of the Public Employees' Retirement System in 1318
writing, on a form prescribed by the board, of the option he or 1319
she has selected and by naming the beneficiary of the option and 1320
furnishing necessary proof of age. The option, once selected, may 1321
be changed at any time before actual retirement or death, but upon 1322
the death or retirement of the member, the optional settlement 1323
shall be placed in effect upon proper notification to the 1324
executive director. 1325
(d) Any member who became a member of the system before July 1326
1, 2011, or any first responder who became a member of the system 1327
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on or after March 1, 2026, shall be entitled to an annual 1328
retirement allowance which shall consist of: 1329
(1) A member's annuity, which shall be the actuarial 1330
equivalent of the accumulated contributions of the member at the 1331
time of retirement computed according to the actuarial table in 1332
use by the system; and 1333
(2) An employer's annuity, which, together with the 1334
member's annuity provided above, shall be equal to two percent 1335
(2%) of the average compensation for each year of service up to 1336
and including twenty-five (25) years of creditable service, and 1337
two and one-half percent (2-1/2%) of the average compensation for 1338
each year of service exceeding twenty-five (25) years of 1339
creditable service. 1340
(3) Any retired member or beneficiary thereof who was 1341
eligible to receive a retirement allowance before July 1, 1991, 1342
and who is still receiving a retirement allowance on July 1, 1992, 1343
shall receive an increase in the annual retirement allowance of 1344
the retired member equal to one-eighth of one percent (1/8 of 1%) 1345
of the average compensation for each year of state service in 1346
excess of twenty-five (25) years of membership service up to and 1347
including thirty (30) years. The maximum increase shall be 1348
five-eighths of one percent (5/8 of 1%). In no case shall a 1349
member who has been retired before July 1, 1987, receive less than 1350
Ten Dollars ($10.00) per month for each year of creditable service 1351
and proportionately for each quarter year thereof. Persons 1352
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retired on or after July 1, 1987, shall receive at least Ten 1353
Dollars ($10.00) per month for each year of service and 1354
proportionately for each quarter year thereof reduced for the 1355
option selected. However, such Ten Dollars ($10.00) minimum per 1356
month for each year of creditable service shall not apply to a 1357
retirement allowance computed under Section 25-11-114 based on a 1358
percentage of the member's average compensation. 1359
(e) Any member who became a member of the system on or after 1360
July 1, 2011, but before March 1, 2026, shall be entitled to an 1361
annual retirement allowance which shall consist of: 1362
(1) A member's annuity, which shall be the actuarial 1363
equivalent of the accumulated contributions of the member at the 1364
time of retirement computed according to the actuarial table in 1365
use by the system; and 1366
(2) An employer's annuity, which, together with the 1367
member's annuity provided above, shall be equal to two percent 1368
(2%) of the average compensation for each year of service up to 1369
and including thirty (30) years of creditable service, and two and 1370
one-half percent (2-1/2%) of average compensation for each year of 1371
service exceeding thirty (30) years of creditable service. 1372
(f) Any member who became a member of the system on or after 1373
July 1, 2011, but before March 1, 2026, upon withdrawal from 1374
service upon or after attaining the age of sixty (60) years who 1375
has completed at least eight (8) years of membership service, or 1376
any such member upon withdrawal from service regardless of age who 1377
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has completed at least thirty (30) years of creditable service, 1378
shall be entitled to receive a retirement allowance computed in 1379
accordance with the formula set forth in subsection (e) of this 1380
section. In the case of the retirement of any member who has 1381
attained age sixty (60) but who has not completed at least thirty 1382
(30) years of creditable service, the retirement allowance shall 1383
be computed in accordance with the formula set forth in subsection 1384
(e) of this section except that the total annual retirement 1385
allowance shall be reduced by an actuarial equivalent factor for 1386
each year of creditable service below thirty (30) years or the 1387
number of years in age that the member is below age sixty-five 1388
(65), whichever is less. 1389
(g) Any member who became a member of the system on or after 1390
March 1, 2026, except for a first responder who became a member of 1391
the system on or after March 1, 2026, upon withdrawal from service 1392
upon or after attainment of the age of * * * sixty (60) years who 1393
has completed at least eight (8) years of membership 1394
service, * * * or upon withdrawal from service regardless of age 1395
who has completed at least * * * thirty (30) years of creditable 1396
service, shall be entitled to an annual retirement allowance which 1397
shall consist of a member's annuity, which annuity shall be equal 1398
to one percent (1%) of the average compensation for each year of 1399
creditable service. In the case of the retirement of any member 1400
who has attained the age of * * * sixty (60) but has not completed 1401
at least thirty (30) years of creditable service, the total annual 1402
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retirement allowance specified in this subsection (g) shall be 1403
reduced by an actuarial equivalent factor for each year of 1404
creditable service below thirty (30) years or the number of years 1405
in age that the member is below age * * * sixty (60), whichever is 1406
less. 1407
(h) No member, except members excluded by the Age 1408
Discrimination in Employment Act Amendments of 1986 (Public Law 1409
99-592), under either Article 1 or Article 3 in state service 1410
shall be required to retire because of age. 1411
(i) No payment on account of any benefit granted under the 1412
provisions of this section shall become effective or begin to 1413
accrue until January 1, 1953. 1414
(j) (1) A retiree or beneficiary may, on a form prescribed 1415
by and filed with the retirement system, irrevocably waive all or 1416
a portion of any benefits from the retirement system to which the 1417
retiree or beneficiary is entitled. The waiver shall be binding 1418
on the heirs and assigns of any retiree or beneficiary and the 1419
same must agree to forever hold harmless the Public Employees' 1420
Retirement System of Mississippi from any claim to the waived 1421
retirement benefits. 1422
(2) Any waiver under this subsection shall apply only 1423
to the person executing the waiver. A beneficiary shall be 1424
entitled to benefits according to the option selected by the 1425
member at the time of retirement. However, a beneficiary may, at 1426
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the option of the beneficiary, execute a waiver of benefits under 1427
this subsection. 1428
(3) The retirement system shall retain in the annuity 1429
reserve account amounts that are not used to pay benefits because 1430
of a waiver executed under this subsection. 1431
(4) The board of trustees may provide rules and 1432
regulations for the administration of waivers under this 1433
subsection. 1434
SECTION 6. Section 25-11-112, Mississippi Code of 1972, is 1435
amended as follows: 1436
25-11-112. (1) Any member who became a member of the system 1437
before March 1, 2026, or any first responder who became a member 1438
of the system on or after March 1, 2026, who and is receiving a 1439
retirement allowance for service or disability retirement, or any 1440
beneficiary thereof, who has received a monthly benefit for at 1441
least one (1) full fiscal year, shall be eligible to receive an 1442
additional benefit, on December 1 or July 1 of the year as 1443
provided in subsection (3) of this section, equal to an amount 1444
calculated under paragraph (a) or (b) below: 1445
(a) For any member who became a member of the system 1446
before July 1, 2011, the sum of: 1447
(i) An amount equal to three percent (3%) of the 1448
annual retirement allowance multiplied by the number of full 1449
fiscal years in retirement before the end of the fiscal year in 1450
which the member reaches age fifty-five (55), plus 1451
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(ii) An additional amount equal to three percent 1452
(3%) compounded by the number of full fiscal years in retirement 1453
beginning with the fiscal year in which the member reaches age 1454
fifty-five (55), multiplied by the amount of the annual retirement 1455
allowance. 1456
(b) For any member who became a member of the system on 1457
or after July 1, 2011, but before March 1, 2026, or for any first 1458
responder who became a member of the system on or after March 1, 1459
2026, the sum of: 1460
(i) An amount equal to three percent (3%) of the 1461
annual retirement allowance multiplied by the number of full 1462
fiscal years in retirement before the end of the fiscal year in 1463
which the member reaches age sixty (60), plus 1464
(ii) An additional amount equal to three percent 1465
(3%) compounded by the number of full fiscal years in retirement 1466
beginning with the fiscal year in which the member reaches age 1467
sixty (60), multiplied by the amount of the annual retirement 1468
allowance. 1469
(2) The calculation of the beneficiary's additional benefit 1470
under subsection (1)(a) or (b) of this section shall be based on 1471
the member's age and full fiscal years in retirement as if the 1472
member had lived. 1473
(3) (a) The additional benefit provided for under this 1474
section shall be paid in one (1) payment in December of each year 1475
to those persons who are receiving a retirement allowance on 1476
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December 1 of that year, unless an election is made under this 1477
subsection. However, if a retiree who is receiving a retirement 1478
allowance that will terminate upon the retiree's death is 1479
receiving the additional benefit in one (1) payment and dies on or 1480
after July 1 but before December 1, the beneficiary designated on 1481
the retirement application, if any, shall receive in a single 1482
payment a fractional part of the additional benefit based on the 1483
number of months in which a retirement allowance was received 1484
during the fiscal year. Likewise, if a retiree is receiving a 1485
retirement allowance that will terminate upon his or her death in 1486
two (2) to six (6) monthly installments, any remaining payments of 1487
the additional benefit will be paid in a lump sum to the 1488
beneficiary designated on the application, or if none, pursuant to 1489
Section 25-11-117.1(1). Any similar remaining payments of 1490
additional benefits payable under this section to a deceased 1491
beneficiary who was receiving a monthly benefit shall be payable 1492
in accordance with the provisions of Section 25-11-117.1(2). If 1493
the additional monthly benefit is being received in one (1) 1494
payment, the additional benefit shall also be prorated based on 1495
the number of months in which a retirement allowance was received 1496
during the fiscal year when (i) the monthly benefit payable to a 1497
beneficiary terminates due to the expiration of an option, 1498
remarriage or cessation of dependent status or due to the 1499
retiree's return to covered employment, and (ii) the monthly 1500
benefit terminates on or after July 1 and before December 1. The 1501
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board may, in its discretion, allow a retired member or a 1502
beneficiary thereof who is receiving the additional annual payment 1503
in the manner provided for in this paragraph to change the manner 1504
in which the additional annual payment is received to that 1505
provided for in paragraph (b) of this subsection if the retired 1506
member or beneficiary submits satisfactory documentation that the 1507
continued receipt of the additional annual payment as provided for 1508
in this paragraph will cause a financial hardship to the retired 1509
member or beneficiary. 1510
(b) Retired members or beneficiaries thereof who on 1511
July 1, 1999, or July 1 of any fiscal year thereafter, are 1512
receiving a retirement allowance, may elect by an irrevocable 1513
agreement in writing filed in the Office of the Public Employees' 1514
Retirement System no less than thirty (30) days before July 1 of 1515
the appropriate year, to begin receiving the additional benefit 1516
provided for under this section in twelve (12) equal monthly 1517
installments beginning July 1, 1999, or July 1 of any fiscal year 1518
thereafter. This irrevocable agreement shall be binding on the 1519
member and subsequent beneficiaries. Payment of those monthly 1520
installments shall not extend beyond the month in which a 1521
retirement allowance is due and payable. The board may, in its 1522
discretion, allow a retired member or a beneficiary thereof who is 1523
receiving the additional annual payment in the manner provided for 1524
in this paragraph to change the manner in which the additional 1525
annual payment is received to that provided for in paragraph (a) 1526
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of this subsection if the retired member or beneficiary submits 1527
satisfactory documentation that the continued receipt of the 1528
additional annual payment as provided for in this paragraph will 1529
cause a financial hardship to the retired member or beneficiary. 1530
(4) The additional payment or payments provided for under 1531
this section are for the fiscal year in which they are paid. 1532
(5) (a) The amount provided for under subsection (1) 1533
(a)(ii) of this section is calculated using the following formula: 1534
[(1.03)n - 1] x [annual retirement allowance], 1535
where n is the number of full fiscal years in retirement beginning 1536
with the fiscal year in which the member reaches age fifty-five 1537
(55). 1538
(b) The amount provided for under subsection (1)(b)(ii) 1539
of this section is calculated using the following formula: 1540
[(1.03)n - 1] x [annual retirement allowance], 1541
where n is the number of full fiscal years in retirement beginning 1542
with the fiscal year in which the member reaches age sixty (60). 1543
(6) Any retired member or beneficiary thereof who has 1544
previously elected to receive the additional annual payment in 1545
monthly installments may elect, upon application on a form 1546
prescribed by the board of trustees, to have that payment made in 1547
one (1) additional payment each year. This written election must 1548
be filed in the Office of the Public Employees' Retirement System 1549
before June 1, 2000, and shall be effective for the fiscal year 1550
beginning July 1, 2000. 1551
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(7) In the event of death of a retired member or a 1552
beneficiary thereof who is receiving the additional annual payment 1553
in two (2) to six (6) monthly installments pursuant to an election 1554
made before July 1, 1999, and who would otherwise be eligible to 1555
receive the additional benefit provided for under this section in 1556
one (1) payment in December of the current fiscal year, any 1557
remaining amounts shall be paid in a lump sum to the designated 1558
beneficiary. 1559
(8) When a member retires after July 1 and has previously 1560
received a retirement allowance for one or more full fiscal years, 1561
the retired member shall be eligible immediately for the 1562
additional benefit. The additional benefit shall be based on the 1563
current retirement allowance and the number of full fiscal years 1564
in retirement and shall be prorated and paid in monthly 1565
installments based on the number of months a retirement allowance 1566
is paid during the fiscal year. 1567
(9) A member who became a member of the system on or after 1568
March 1, 2026, except for a first responder who became a member of 1569
the system on or after March 1, 2026, is not entitled to the 1570
additional annual benefit under this section; however, the 1571
Legislature may provide an additional benefit for a specific year. 1572
SECTION 7. Section 25-11-114, Mississippi Code of 1972, is 1573
amended as follows: 1574
25-11-114. (1) The applicable benefits provided in 1575
subsections (2) and (3) of this section shall be paid to eligible 1576
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beneficiaries of any member who became a member of the system 1577
before July 1, 2007, and has completed four (4) or more years of 1578
membership service, or who became a member of the system on or 1579
after July 1, 2007, and has completed eight (8) or more years of 1580
membership service, and who dies before retirement and who has not 1581
filed a Pre-Retirement Optional Retirement Form as provided in 1582
Section 25-11-111. 1583
(2) (a) The surviving spouse of a member who dies before 1584
retirement shall receive a monthly benefit computed in accordance 1585
with paragraph (d) of this subsection (2) as if the member had 1586
nominated his or her spouse as beneficiary if: 1587
(i) The member completed the requisite minimum 1588
number of years of membership service to qualify for a retirement 1589
allowance at age sixty (60) * * *; 1590
(ii) The spouse has been married to the member for 1591
not less than one (1) year preceding the death of the member; 1592
(iii) The member has not exercised any other 1593
option. 1594
(b) If, at the time of the member's death, there are no 1595
dependent children, and the surviving spouse, who otherwise would 1596
receive the annuity under this subsection (2), has filed with the 1597
system a signed written waiver of his or her rights to the annuity 1598
and that waiver was in effect at the time of the member's death, a 1599
lump-sum distribution of the deceased member's accumulated 1600
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contributions shall be refunded in accordance with Section 1601
25-11-117. 1602
(c) The spouse annuity shall begin on the first day of 1603
the month following the date of the member's death, but in case of 1604
late filing, retroactive payments will be made for a period of not 1605
more than one (1) year. 1606
(d) The spouse of a member who is eligible to receive a 1607
monthly benefit under paragraph (a) of this subsection (2) shall 1608
receive a benefit for life equal to the higher of the following: 1609
(i) The greater of twenty percent (20%) of the 1610
deceased member's average compensation as defined in Section 1611
25-11-103 at the time of death or Fifty Dollars ($50.00) monthly; 1612
or 1613
(ii) Benefits calculated under Option 2 of Section 1614
25-11-115. The method of calculating the retirement benefits 1615
shall be on the same basis as provided in Section 25-11-111(d), 1616
(e) or (g), as applicable. However, if the member dies before 1617
being qualified for a full, unreduced retirement allowance, then 1618
the benefits shall be reduced by an actuarially determined 1619
percentage or factor based on the lesser of either the number of 1620
years of service credit or the number of years in age required to 1621
qualify for a full, unreduced retirement allowance in Section 1622
25-11-111(d), (e) or (g), as applicable. 1623
(e) The surviving spouse of a deceased member who 1624
previously received spouse retirement benefits under paragraph 1625
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(d)(i) of this subsection from and after July 1, 1992, and whose 1626
benefits were terminated before July 1, 2004, because of 1627
remarriage, may again receive the retirement benefits authorized 1628
under paragraph (d)(i) of this subsection by making application 1629
with the board to reinstate those benefits. Any reinstatement of 1630
the benefits shall be prospective only and shall begin after the 1631
first of the month following the date of the application for 1632
reinstatement, but no earlier than July 1, 2004. From and after 1633
July 1, 2010, any spouse who chose Option 2 from and after July 1, 1634
1992, but before July 1, 2004, where the benefit, although payable 1635
for life, was less than the benefit available under the 1636
calculation in paragraph (d)(i) of this subsection shall have his 1637
or her benefit increased to the amount which provides the greater 1638
benefit. 1639
(3) (a) Subject to the maximum limitation provided in this 1640
paragraph, the member's dependent children each shall receive an 1641
annuity of the greater of ten percent (10%) of the member's 1642
average compensation as defined in Section 25-11-103 at the time 1643
of the death of the member or Fifty Dollars ($50.00) monthly; 1644
however, if there are more than three (3) dependent children, each 1645
dependent child shall receive an equal share of a total annuity 1646
equal to thirty percent (30%) of the member's average 1647
compensation, provided that the total annuity shall not be less 1648
than One Hundred Fifty Dollars ($150.00) per month for all 1649
children. 1650
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(b) A child shall be considered to be a dependent child 1651
until marriage, or the attainment of age nineteen (19), whichever 1652
comes first; however, this age limitation shall be extended beyond 1653
age nineteen (19), but in no event beyond the attainment of age 1654
twenty-three (23), as long as the child is a student regularly 1655
pursuing a full-time course of resident study or training in an 1656
accredited high school, trade school, technical or vocational 1657
institute, junior or community college, college, university or 1658
comparable recognized educational institution duly licensed by a 1659
state. A student child who is receiving a retirement allowance as 1660
of June 30, 2016, whose birthday falls during the school year 1661
(September 1 through June 30) is considered not to reach age 1662
twenty-three (23) until the July 1 following the actual 1663
twenty-third birthday. A full-time course of resident study or 1664
training means a day or evening noncorrespondence course that 1665
includes school attendance at the rate of at least thirty-six (36) 1666
weeks per academic year or other applicable period with a subject 1667
load sufficient, if successfully completed, to attain the 1668
educational or training objective within the period generally 1669
accepted as minimum for completion, by a full-time day student, of 1670
the academic or training program concerned. Any child who is 1671
physically or mentally incompetent, as adjudged by either a 1672
Mississippi court of competent jurisdiction or by the board, shall 1673
receive benefits for as long as the incompetency exists. 1674
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(c) If there are more than three (3) dependent 1675
children, upon a child's ceasing to be a dependent child, his or 1676
her annuity shall terminate and there shall be a redetermination 1677
of the amounts payable to any remaining dependent children. 1678
(d) Annuities payable under this subsection (3) shall 1679
begin the first day of the month following the date of the 1680
member's death or in case of late filing, retroactive payments 1681
will be made for a period of not more than one (1) year. Those 1682
benefits may be paid to a surviving parent or the lawful custodian 1683
of a dependent child for the use and benefit of the child without 1684
the necessity of appointment as guardian. 1685
(4) (a) Death benefits in the line of duty. Regardless of 1686
the number of years of the member's creditable service, the spouse 1687
and/or the dependent children of an active member who is killed or 1688
dies as a direct result of a physical injury sustained from an 1689
accident or a traumatic event caused by external violence or 1690
physical force occurring in the line of performance of duty shall 1691
qualify, on approval of the board, for a retirement allowance on 1692
the first of the month following the date of death, but in the 1693
case of late filing, retroactive payments will be made for a 1694
period of not more than one (1) year. The spouse shall receive a 1695
retirement allowance for life equal to one-half (1/2) of the 1696
average compensation as defined in Section 25-11-103. In addition 1697
to the retirement allowance for the spouse, or if there is no 1698
surviving spouse, the member's dependent child shall receive a 1699
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retirement allowance in the amount of one-fourth (1/4) of the 1700
member's average compensation as defined in Section 25-11-103; 1701
however, if there are two (2) or more dependent children, each 1702
dependent child shall receive an equal share of a total annuity 1703
equal to one-half (1/2) of the member's average compensation. If 1704
there are more than two (2) dependent children, upon a child's 1705
ceasing to be a dependent child, his or her annuity shall 1706
terminate and there shall be a redetermination of the amounts 1707
payable to any remaining dependent children. Those benefits shall 1708
cease to be paid for the support and maintenance of each child 1709
upon the child attaining the age of nineteen (19) years; however, 1710
the spouse shall continue to be eligible for the aforesaid 1711
retirement allowance. Those benefits may be paid to a surviving 1712
parent or lawful custodian of the children for the use and benefit 1713
of the children without the necessity of appointment as guardian. 1714
Any spouse who received spouse retirement benefits under this 1715
paragraph (a) from and after April 4, 1984, and whose benefits 1716
were terminated before July 1, 2004, because of remarriage, may 1717
again receive the retirement benefits authorized under this 1718
paragraph (a) by making application with the board to reinstate 1719
those benefits. Any reinstatement of the benefits shall be 1720
prospective only and shall begin after the first of the month 1721
following the date of the application for reinstatement, but not 1722
earlier than July 1, 2004. 1723
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(b) A child shall be considered to be a dependent child 1724
until marriage, or the attainment of age nineteen (19), whichever 1725
comes first; however, this age limitation shall be extended beyond 1726
age nineteen (19), but in no event beyond the attainment of age 1727
twenty-three (23), as long as the child is a student regularly 1728
pursuing a full-time course of resident study or training in an 1729
accredited high school, trade school, technical or vocational 1730
institute, junior or community college, college, university or 1731
comparable recognized educational institution duly licensed by a 1732
state. A student child who is receiving a retirement allowance as 1733
of June 30, 2016, whose birthday falls during the school year 1734
(September 1 through June 30) is considered not to reach age 1735
twenty-three (23) until the July 1 following the actual 1736
twenty-third birthday. A full-time course of resident study or 1737
training means a day or evening noncorrespondence course that 1738
includes school attendance at the rate of at least thirty-six (36) 1739
weeks per academic year or other applicable period with a subject 1740
load sufficient, if successfully completed, to attain the 1741
educational or training objective within the period generally 1742
accepted as minimum for completion, by a full-time day student, of 1743
the academic or training program concerned. Any child who is 1744
physically or mentally incompetent, as adjudged by either a 1745
Mississippi court of competent jurisdiction or by the board, shall 1746
receive benefits for as long as the incompetency exists. 1747
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(5) If all the annuities provided for in this section 1748
payable on account of the death of a member terminate before there 1749
has been paid an aggregate amount equal to the member's 1750
accumulated contributions standing to the member's credit in the 1751
annuity savings account at the time of the member's death, the 1752
difference between the accumulated contributions and the aggregate 1753
amount of annuity payments shall be paid to the person that the 1754
member has nominated by written designation duly executed and 1755
filed with the board. If there is no designated beneficiary 1756
surviving at termination of benefits, the difference shall be 1757
payable under Section 25-11-117.1(1). 1758
(6) Regardless of the number of years of creditable service, 1759
upon the application of a member or employer, any active member 1760
who becomes disabled as a direct result of a physical injury 1761
sustained from an accident or traumatic event caused by external 1762
violence or physical force occurring in the line of performance of 1763
duty, provided that the medical board or other designated 1764
governmental agency after a medical examination certifies that the 1765
member is mentally or physically incapacitated for the further 1766
performance of duty and the incapacity is likely to be permanent, 1767
may be retired by the board of trustees on the first of the month 1768
following the date of filing the application but in no event shall 1769
the retirement allowance begin before the termination of state 1770
service. If a member who has been approved for a retirement 1771
allowance under this subsection does not terminate state service 1772
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within ninety (90) days after the approval, the retirement 1773
allowance and the application for the allowance shall be void. 1774
The retirement allowance shall equal the allowance on disability 1775
retirement as provided in Section 25-11-113 but shall not be less 1776
than fifty percent (50%) of average compensation. Line of duty 1777
disability benefits under this section shall be administered in 1778
accordance with the provisions of Section 25-11-113(1)(b), (c), 1779
(d), (e) and (f), (3), (4), (5) and (6). 1780
(7) For purposes of determining death or disability benefits 1781
under this section, the following shall apply: 1782
(a) Death or permanent and total disability resulting 1783
from a cardiovascular, pulmonary or musculoskeletal condition that 1784
was not a direct result of a physical injury sustained from an 1785
accident or a traumatic event caused by external violence or 1786
physical force occurring in the performance of duty shall be 1787
deemed a natural death or an ordinary disability. 1788
(b) A mental disability based exclusively on employment 1789
duties occurring on an ongoing basis shall be deemed an ordinary 1790
disability. 1791
(8) If the deceased or disabled member has less than four 1792
(4) years of membership service, the average compensation as 1793
defined in Section 25-11-103 shall be the average of all annual 1794
earned compensation in state service for the purposes of benefits 1795
provided in this section. 1796
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(9) In case of death or total and permanent disability under 1797
subsection (4) or subsection (6) of this section and before the 1798
board shall consider any application for a retirement allowance, 1799
the employer must certify to the board that the member's death or 1800
disability was a direct result of an accident or a traumatic event 1801
occurring during and as a result of the performance of the regular 1802
and assigned duties of the employee and that the death or 1803
disability was not the result of the willful negligence of the 1804
employee. 1805
(10) The application for the retirement allowance must be 1806
filed within one (1) year after death of an active member who is 1807
killed in the line of performance of duty or dies as a direct 1808
result of an accident occurring in the line of performance of duty 1809
or traumatic event; but the board of trustees may consider an 1810
application for disability filed after the one-year period if it 1811
can be factually demonstrated to the satisfaction of the board of 1812
trustees that the disability is due to the accident and that the 1813
filing was not accomplished within the one-year period due to a 1814
delayed manifestation of the disability or to circumstances beyond 1815
the control of the member. However, in case of late filing, 1816
retroactive payments will be made for a period of not more than 1817
one (1) year only. 1818
(11) (a) Notwithstanding any other section of this article 1819
and in lieu of any payments to a designated beneficiary for a 1820
refund of contributions under Section 25-11-117, the spouse and/or 1821
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children shall be eligible for the benefits payable under this 1822
section, and the spouse may elect, for both the spouse and/or 1823
children, to receive benefits in accordance with either 1824
subsections (2) and (3) or subsection (4) of this section; 1825
otherwise, the contributions to the credit of the deceased member 1826
shall be refunded in accordance with Section 25-11-117. 1827
(b) Notwithstanding any other section of this article, 1828
a spouse who is entitled to receive a monthly benefit under either 1829
subsection (2) or (4) of this section and who is also the named 1830
beneficiary for a refund of accumulated contributions in the 1831
member's annuity savings account, may, after the death of the 1832
member, elect to receive a refund of accumulated contributions in 1833
lieu of a monthly allowance, provided that there are no dependent 1834
children entitled to benefits under subsection (3) of this 1835
section. 1836
(12) If the member has previously received benefits from the 1837
system to which he or she was not entitled and has not repaid in 1838
full all amounts payable by him or her to the system, the annuity 1839
amounts otherwise provided by this section shall be withheld and 1840
used to effect repayment until the total of the withholdings 1841
repays in full all amounts payable by him or her to the system. 1842
SECTION 8. Section 25-11-115, Mississippi Code of 1972, is 1843
amended as follows: 1844
25-11-115. (1) Upon application for superannuation or 1845
disability retirement, any member may elect to receive his or her 1846
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benefit in a retirement allowance payable throughout life with no 1847
further payments to anyone at the member's death, except that if 1848
the member's total retirement payments under this article do not 1849
equal the member's total contributions under this article, the 1850
named beneficiary shall receive the difference in cash at the 1851
member's death. Or the member may elect upon retirement, or upon 1852
becoming eligible for retirement, to receive the actuarial 1853
equivalent subject to the provisions of subsection (3) of this 1854
section of his or her retirement allowance in a reduced retirement 1855
allowance payable throughout life with the provision that: 1856
Option 1. If the retired member dies before he or she has 1857
received in annuity payment the value of the member's annuity 1858
savings account as it was at the time of the member's retirement, 1859
the balance shall be paid to the legal representative or to such 1860
person as the member has nominated by written designation duly 1861
acknowledged and filed with the board; 1862
Option 2. Upon the retired member's death, his or her 1863
reduced retirement allowance shall be continued throughout the 1864
life of, and paid to, such person as the member has nominated by 1865
written designation duly acknowledged and filed with the board of 1866
trustees at the time of his or her retirement; 1867
Option 3. Upon the retired member's death, one-half (1/2) of 1868
his or her reduced retirement allowance shall be continued 1869
throughout the life of, and paid to, such person as the member has 1870
nominated by written designation duly acknowledged and filed with 1871
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the board of trustees at the time of his or her retirement, and 1872
the other one-half (1/2) of his or her reduced retirement 1873
allowance to some other designated beneficiary; 1874
Option 4. Upon the retired member's death, three-fourths 1875
(3/4) of his or her reduced retirement allowance, or such other 1876
specified amount, shall be continued throughout the life of, and 1877
paid to, such person as the member has nominated by written 1878
designation duly acknowledged and filed with the board of trustees 1879
at the time of his or her retirement; 1880
Option 4-A. Upon the retired member's death, one-half (1/2) 1881
of his or her reduced retirement allowance, or such other 1882
specified amount, shall be continued throughout the life of, and 1883
paid to, such person as the member has nominated by written 1884
designation duly acknowledged and filed with the board of trustees 1885
at the time of his or her retirement; 1886
Option 4-B. A reduced retirement allowance shall be 1887
continued throughout the life of the retirant, but with the 1888
further guarantee of payments to the named beneficiary or 1889
beneficiaries for a specified number of years certain. If the 1890
retired member or the last designated beneficiary both die before 1891
receiving all guaranteed payments due, the actuarial equivalent of 1892
the remaining payments shall be paid to the successors of the 1893
retired member under Section 25-11-117.1(1); 1894
Option 6. Any member who became a member of the system 1895
before July 1, 2007, and who has at least twenty-eight (28) years 1896
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of creditable service at the time of retirement or who is at least 1897
sixty-three (63) years of age and eligible to retire, may select 1898
the maximum retirement benefit or an optional benefit as provided 1899
in this subsection together with a partial lump-sum distribution. 1900
Any member who became a member of the system on or after July 1, 1901
2007, but before July 1, 2011, and who has at least twenty-eight 1902
(28) years of creditable service at the time of retirement may 1903
select the maximum retirement benefit or any optional benefit as 1904
provided in this subsection together with a partial lump-sum 1905
distribution. Any member who became a member of the system on or 1906
after July 1, 2011, but before March 1, 2026, or any first 1907
responder who became a member of the system on or after March 1, 1908
2026, and who has at least thirty-three (33) years of creditable 1909
service at the time of retirement may select the maximum 1910
retirement benefit or any optional benefit as provided in this 1911
subsection together with a partial lump-sum distribution. Any 1912
member who became a member of the system on or after March 1, 1913
2026, except for a first responder who became a member of the 1914
system on or after March 1, 2026, shall not be eligible for a 1915
partial lump-sum distribution. The amount of the lump-sum 1916
distribution under this option shall be equal to the maximum 1917
monthly benefit multiplied by twelve (12), twenty-four (24) or 1918
thirty-six (36) as selected by the member. The maximum retirement 1919
benefit shall be actuarially reduced to reflect the amount of the 1920
lump-sum distribution selected and further reduced for any other 1921
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optional benefit selected. The annuity and lump-sum distribution 1922
shall be computed to result in no actuarial loss to the system. 1923
The lump-sum distribution shall be made as a single payment 1924
payable at the time the first monthly annuity payment is paid to 1925
the retiree. The amount of the lump-sum distribution shall be 1926
deducted from the member's annuity savings account in computing 1927
what contributions remain at the death of the retiree and/or a 1928
beneficiary. The lump-sum distribution option may be elected only 1929
once by a member upon initial retirement, and may not be elected 1930
by a retiree, by members applying for a disability retirement 1931
annuity, or by survivors. 1932
(2) No change in the option selected shall be permitted 1933
after the member's death or after the member has received his or 1934
her first retirement check except as provided in subsections (3) 1935
and (4) of this section and in Section 25-11-127. Members who are 1936
pursuing a disability retirement allowance and simultaneously or 1937
later elect to begin to receive a service retirement allowance 1938
while continuing to pursue a disability retirement allowance, 1939
shall not be eligible to select Option 6 and that option may not 1940
be selected at a later time if the application for a disability 1941
retirement allowance is voided or denied. However, any retired 1942
member who is receiving a retirement allowance under Option 2 or 1943
Option 4-A upon July 1, 1992, and whose designated beneficiary 1944
predeceased him or her or whose marriage to a spouse who is his or 1945
her designated beneficiary is terminated by divorce or other 1946
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dissolution, upon written notification to the retirement system of 1947
the death of the designated beneficiary or of the termination of 1948
the retired member's marriage to the designated beneficiary, the 1949
retirement allowance payable to the member after receipt of that 1950
notification by the retirement system shall be equal to the 1951
retirement allowance that would have been payable if the member 1952
had not elected the option. In addition, any retired member who 1953
is receiving the maximum retirement allowance for life, a 1954
retirement allowance under Option 1 or who is receiving a 1955
retirement allowance under Option 2 or Option 4-A on July 1, 1992, 1956
may elect to provide survivor benefits under Option 2 or Option 1957
4-A to a spouse who was not previously the member's beneficiary 1958
and whom the member married before July 1, 1992. 1959
(3) Any retired member who is receiving a reduced retirement 1960
allowance under Option 2, Option 4 or Option 4-A whose designated 1961
beneficiary predeceases him or her, or whose marriage to a spouse 1962
who is his or her designated beneficiary is terminated by divorce 1963
or other dissolution, may elect to cancel the reduced retirement 1964
allowance and receive the maximum retirement allowance for life in 1965
an amount equal to the amount that would have been payable if the 1966
member had not elected Option 2, Option 4 or Option 4-A. That 1967
election must be made in writing to the office of the executive 1968
director of the system on a form prescribed by the board. Any 1969
such election shall be effective the first of the month following 1970
the date the election is received by the system; however, the 1971
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election may be applied retroactively for not more than three (3) 1972
months but no earlier than the first of the month following the 1973
date of the death of the beneficiary. 1974
(4) Any retired member who is receiving the maximum 1975
retirement allowance for life, or a retirement allowance under 1976
Option 1, and who marries after his or her retirement may elect to 1977
cancel the maximum retirement allowance and receive a reduced 1978
retirement allowance under Option 2, Option 4 or Option 4-A to 1979
provide continuing lifetime benefits to his or her spouse. That 1980
election must be made in writing to the office of the executive 1981
director of the system on a form prescribed by the board not 1982
earlier than the date of the marriage and not later than one (1) 1983
year from the date of the marriage. Any such election shall be 1984
effective the first of the month following the date the election 1985
is received by the system. 1986
(5) (a) Except as otherwise provided in this subsection, if 1987
the election of an optional benefit is made after the member has 1988
attained the age of sixty-five (65) years, the actuarial 1989
equivalent factor shall be used to compute the reduced retirement 1990
allowance as if the election had been made on his or her 1991
sixty-fifth birthday; however, from and after January 1, 2003, if 1992
there is an election of Option 6 after the member has attained the 1993
age of sixty-five (65) years, the actuarial equivalent factor 1994
based on the retiree's age at the time of retirement shall be used 1995
to compute the reduced maximum monthly retirement allowance. 1996
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However, if a retiree marries or remarries after retirement and 1997
elects either Option 2 or Option 4-A as provided in subsection (2) 1998
or (4) of this section, the actuarial equivalent factor used to 1999
compute the reduced retirement allowance shall be the factor for 2000
the age of the retiree and his or her beneficiary at the time such 2001
election for recalculation of benefits is made. 2002
(b) For members who retire on or after July 1, 2012, 2003
the actuarial equivalent factor used to compute the reduced 2004
retirement allowance at retirement or upon any subsequent 2005
recalculation of the benefit shall be the factor for the age of 2006
the retiree and his or her beneficiary at the time of retirement 2007
or at the time an election for recalculation of benefits is made. 2008
(6) Notwithstanding any provision of Section 25-11-1 et 2009
seq., no payments may be made for a retirement allowance on a 2010
monthly basis for a period of time in excess of that allowed by 2011
federal law. 2012
(7) If a retirant and his or her eligible beneficiary, if 2013
any, both die before they have received in annuity payments a 2014
total amount equal to the accumulated contributions standing to 2015
the retirant's credit in the annuity savings account at the time 2016
of his or her retirement, the difference between the accumulated 2017
contributions and the total amount of annuities received by them 2018
shall be paid to such persons as the retirant has nominated by 2019
written designation duly executed and filed in the office of the 2020
executive director. If no designated person survives the retirant 2021
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and his or her beneficiary, the difference, if any, shall be paid 2022
under Section 25-11-117.1(1). 2023
(8) Any retired member who retired on Option 2(5) or 4-A(5) 2024
before July 1, 1992, who is still receiving a retirement allowance 2025
on July 1, 1994, shall receive an increase in the annual 2026
retirement allowance effective July 1, 1994, equal to the amount 2027
they would have received under Option 2 or Option 4-A without a 2028
reduction for Option 5 based on the ages at retirement of the 2029
retiree and beneficiary and option factors in effect on July 1, 2030
1992. That increase shall be prospective only. 2031
SECTION 9. Section 25-11-117, Mississippi Code of 1972, is 2032
amended as follows: 2033
25-11-117. (1) A member may be paid a refund of the amount 2034
of accumulated contributions to the credit of the member in the 2035
annuity savings account, provided that the member has withdrawn 2036
from state service and has not returned to state service on the 2037
date the refund of the accumulated contributions would be paid. 2038
That refund of the contributions to the credit of the member in 2039
the annuity savings account shall be paid within ninety (90) days 2040
from receipt in the office of the retirement system of the 2041
properly completed form requesting the payment. In the event of 2042
death before retirement of any member whose spouse and/or children 2043
are not entitled to a retirement allowance, the accumulated 2044
contributions to the credit of the deceased member in the annuity 2045
savings account shall be paid to the designated beneficiary on 2046
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file in writing in the office of the executive director of the 2047
board of trustees within ninety (90) days from receipt of a 2048
properly completed form requesting the payment. If there is no 2049
such designated beneficiary on file for the deceased member in the 2050
office of the system, upon the filing of a proper request with the 2051
board, the contributions to the credit of the deceased member in 2052
the annuity savings account shall be refunded under Section 2053
25-11-117.1(1). The payment of the refund shall discharge all 2054
obligations of the retirement system to the member on account of 2055
any creditable service rendered by the member before the receipt 2056
of the refund. By the acceptance of the refund, the member shall 2057
waive and relinquish all accrued rights in the system. 2058
(2) Under the Unemployment Compensation Amendments of 1992 2059
(Public Law 102-318 (UCA)), a member or the spouse of a member who 2060
is an eligible beneficiary entitled to a refund under this section 2061
may elect, on a form prescribed by the board under rules and 2062
regulations established by the board, to have an eligible rollover 2063
distribution of accumulated contributions payable under this 2064
section paid directly to an eligible retirement plan, as defined 2065
under applicable federal law, or an individual retirement account. 2066
If the member or the spouse of a member who is an eligible 2067
beneficiary makes that election and specifies the eligible 2068
retirement plan or individual retirement account to which the 2069
distribution is to be paid, the distribution will be made in the 2070
form of a direct trustee-to-trustee transfer to the specified 2071
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eligible retirement plan. A nonspouse beneficiary may elect to 2072
have an eligible rollover distribution paid in the form of a 2073
direct trustee-to-trustee transfer to an individual retirement 2074
account established to receive the distribution on behalf of the 2075
nonspouse beneficiary. Flexible rollovers under this subsection 2076
shall not be considered assignments under Section 25-11-129. 2077
(3) (a) If any person who has received a refund, reenters 2078
the state service and again becomes a member of the system before 2079
July 1, 2007, the member may repay all or part of the amounts 2080
previously received as a refund, together with regular interest 2081
covering the period from the date of refund to the date of 2082
repayment; however, the amounts that are repaid by the member and 2083
the creditable service related thereto shall not be used in any 2084
benefit calculation or determination until the member has remained 2085
a contributor to the system for a period of at least four (4) 2086
years after the member's reentry into state service. Repayment 2087
for that time shall be made beginning with the most recent service 2088
for which refund has been made. Upon the repayment of all or part 2089
of that refund and interest, the member shall again receive credit 2090
for the period of creditable service for which full repayment has 2091
been made to the system. 2092
(b) If any person who has received a refund, reenters 2093
the state service and again becomes a member of the system on or 2094
after July 1, 2007, but before March 1, 2026, or if any first 2095
responder who became a member of the system on or after March 1, 2096
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2026, has received a refund, reenters the state service and again 2097
becomes a member of the system, the member may repay all or part 2098
of the amounts previously received as a refund, together with 2099
regular interest covering the period from the date of refund to 2100
the date of repayment; however, the amounts that are repaid by the 2101
member and the creditable service related thereto shall not be 2102
used in any benefit calculation or determination until the member 2103
has remained a contributor to the system for a period of at least 2104
eight (8) years after the member's reentry into state service. 2105
Repayment for that time shall be made beginning with the most 2106
recent service for which refund has been made. Upon the repayment 2107
of all or part of that refund and interest, the member shall again 2108
receive credit for the period of creditable service for which full 2109
repayment has been made to the system. 2110
(c) If any person who has received a refund reenters 2111
state service and again becomes a member of the system on or after 2112
March 1, 2026, except for a first responder who became a member of 2113
the system on or after March 1, 2026, the member shall not be 2114
eligible to repay any portion of amounts previously received as a 2115
refund and may not receive creditable service for service rendered 2116
before March 1, 2026. 2117
(4) (a) In order to provide a source of income to members 2118
who have applied for disability benefits under Section 25-11-113 2119
or 25-11-114, the board may provide, at the employee's election, a 2120
temporary benefit to be paid from the member's accumulated 2121
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contributions, if any, without forfeiting the right to pursue 2122
disability benefits, provided that the member has exhausted all 2123
personal and medical leave and has terminated his or her 2124
employment. The board may prescribe rules and regulations for 2125
carrying out the provisions of this subsection (4). 2126
(b) If a member who has elected to receive temporary 2127
benefits under this subsection later applies for a refund of his 2128
or her accumulated contributions, all amounts paid under this 2129
subsection shall be deducted from the accumulated contributions 2130
and the balance will be paid to the member. If a member who has 2131
elected to receive temporary benefits under this subsection is 2132
later approved for a disability retirement allowance, and a 2133
service retirement allowance or survivor benefits are paid on the 2134
account, the board shall adjust the benefits in such a manner that 2135
no more than the actuarial equivalent of the benefits to which the 2136
member or beneficiary was or is entitled shall be paid. 2137
(c) The board may study, develop and propose a 2138
disability benefit structure, including short- and long-term 2139
disability benefits, provided that it is the actuarial equivalent 2140
of the benefits currently provided in Section 25-11-113 or 2141
25-11-114. 2142
SECTION 10. Section 25-11-123, Mississippi Code of 1972, is 2143
amended as follows: 2144
25-11-123. All of the assets of the system shall be credited 2145
according to the purpose for which they are held to one (1) of 2146
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four (4) reserves; namely, the annuity savings account, the 2147
annuity reserve, the employer's accumulation account, and the 2148
expense account; however, any employee who became a member of the 2149
system on or after March 1, 2026, except for a first responder who 2150
became a member of the system on or after March 1, 2026, shall 2151
also have a defined contribution plan administered by the system, 2152
as provided in Section 25-11-147. 2153
(a) Annuity savings account. In the annuity savings 2154
account shall be accumulated the contributions made by members to 2155
provide for their annuities, including interest thereon which 2156
shall be posted monthly. Credits to and charges against the 2157
annuity savings account shall be made as follows: 2158
(1) Beginning July 1, 2010, except as otherwise 2159
provided in Section 25-11-126, the employer shall cause to be 2160
deducted from the salary of each member on each and every payroll 2161
of the employer for each and every payroll period nine percent 2162
(9%) of earned compensation as defined in Section 25-11-103; 2163
however, for any employee who became a member of the system on or 2164
after March 1, 2026, except for a first responder who became a 2165
member of the system on or after March 1, 2026, only four percent 2166
(4%) of such earned compensation shall be deposited into the 2167
annuity savings account, with the remaining five percent (5%), to 2168
be deposited into the employee's defined contribution account 2169
authorized in Section 25-11-147. Future contributions shall be 2170
fixed biennially by the board on the basis of the liabilities of 2171
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the retirement system for the various allowances and benefits as 2172
shown by actuarial valuation; however, any member earning at a 2173
rate less than Sixteen Dollars and Sixty-seven Cents ($16.67) per 2174
month, or Two Hundred Dollars ($200.00) per year, shall contribute 2175
not less than One Dollar ($1.00) per month, or Twelve Dollars 2176
($12.00) per year. 2177
(2) The deductions provided in paragraph (1) of 2178
this subsection shall be made notwithstanding that the minimum 2179
compensation provided by law for any member is reduced by the 2180
deduction. Every member shall be deemed to consent and agree to 2181
the deductions made and provided for in paragraph (1) of this 2182
subsection and shall receipt for his or her full salary or 2183
compensation, and payment of salary or compensation less the 2184
deduction shall be a full and complete discharge and acquittance 2185
of all claims and demands whatsoever for the services rendered by 2186
the person during the period covered by the payment, except as to 2187
the benefits provided under Articles 1 and 3. The board shall 2188
provide by rules for the methods of collection of contributions 2189
from members and the employer. The board shall have full 2190
authority to require the production of evidence necessary to 2191
verify the correctness of amounts contributed. 2192
(b) Annuity reserve. The annuity reserve shall be the 2193
account representing the actuarial value of all annuities in 2194
force, and to it shall be charged all annuities and all benefits 2195
in lieu of annuities, payable as provided in this article. If a 2196
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beneficiary retired on account of disability is restored to active 2197
service with a compensation not less than his or her average final 2198
compensation at the time of his or her last retirement, the 2199
remainder of his or her contributions shall be transferred from 2200
the annuity reserve to the annuity savings account and credited to 2201
his or her individual account therein, and the balance of his or 2202
her annuity reserve shall be transferred to the employer's 2203
accumulation account. 2204
(c) Employer's accumulation account. The employer's 2205
accumulation account shall represent the accumulation of all 2206
reserves for the payment of all retirement allowances and other 2207
benefits payable from contributions made by the employer, and 2208
against this account shall be charged all retirement allowances 2209
and other benefits on account of members. Credits to and charges 2210
against the employer's accumulation account shall be made as 2211
follows: 2212
(1) (i) On account of each member who became a 2213
member of the system before March 1, 2026, and each first 2214
responder who became a member of the system on or after March 1, 2215
2026, there shall be paid monthly into the employer's accumulation 2216
account by the employers for the preceding fiscal year an amount 2217
equal to a certain percentage of the total earned compensation, as 2218
defined in Section 25-11-103, of each member. From and after May 2219
9, 2024, the increase in the employer's contribution rate 2220
scheduled to take effect on July 1, 2024, is rescinded and shall 2221
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not take effect; however, on July 1 of each year from 2024 through 2222
2028, the employer's contribution rate shall be increased by 2223
one-half percent (1/2%). For each member who became a member of 2224
the system on or after March 1, 2026, except for a first responder 2225
who became a member of the system on or after March 1, 2026, and 2226
except as provided in Section 25-11-147, the employer's monthly 2227
payment under this paragraph (1) shall be applied to the accrued 2228
liability contribution fund. 2229
(ii) Persons who choose to continue receiving 2230
a retirement allowance during their employment as teachers as 2231
authorized by Section 25-11-126, the percentage rate of the 2232
contributions to be paid into the employer's accumulation account 2233
by the employers of those persons shall be twenty-seven and four 2234
tenths percent (27.4%) of the total earned compensation of those 2235
persons as of July 1, 2025, and shall be increased by one-half 2236
percent (1/2%) through July 1, 2028 in accordance with the 2237
requirements of subparagraph (i) of this paragraph (1). However, 2238
if after January 1, 2029, the Legislature increases the percentage 2239
rate of the employer's contribution required under the provisions 2240
of subparagraph (i) of this paragraph (1), or the Legislature 2241
increases the percentage rate of the contribution required under 2242
subsection (a)(1) of this section, or the Legislature increases 2243
both of those percentage rates, then the percentage rate of the 2244
contributions to be paid into the employer's accumulation account 2245
by the employers of those persons under this subparagraph (ii) 2246
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shall be increased by the total amount of the increase or 2247
increases in the percentage rate or rates made by the Legislature. 2248
(2) For the public good, any recommendation by the 2249
board to adjust the employer contributions may be accompanied by 2250
at least two (2) assessments from actuaries who are independent 2251
from each other and the retirement plan. The actuaries shall 2252
analyze the economic impact of any such recommendation to the 2253
system and state, including, but not limited to, information 2254
showing the fiscal impact to every agency and arm of the state, 2255
including, but not limited to, state agencies, cities, counties 2256
and school districts. The actuarial assessments, with any such 2257
recommendation to adjust the employer contributions, shall be 2258
submitted to the Lieutenant Governor, Speaker of the House, 2259
Chairman of the Senate Appropriations Committee and Chairman of 2260
the House Appropriations Committee. 2261
(3) The board shall have the authority to make 2262
recommendations regarding additional funding sources for the 2263
retirement plan, including employer contribution increases, based 2264
on the assets and liabilities of the retirement plan, and the 2265
analyses required by paragraph (2) of this subsection (c). The 2266
Legislature shall have the sole authority to implement any such 2267
recommendations. It is the intent of the Legislature that, in the 2268
2025 Regular Session, a law be enacted to create a new tier for 2269
future members of the system, in furtherance of the system's 2270
continued financial stability and sustainability. 2271
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(4) This section shall not be construed to provide 2272
authority to reduce or eliminate any earned benefits to be 2273
provided by the state to persons who, before July 1, 2025, are 2274
drawing a retirement allowance or are members of the system. 2275
(5) On the basis of regular interest and of such 2276
mortality and other tables as are adopted by the board of 2277
trustees, the actuary engaged by the board to make each valuation 2278
required by this article during the period over which the accrued 2279
liability contribution is payable, immediately after making that 2280
valuation, shall determine the uniform and constant percentage of 2281
the earnable compensation of each member which, if contributed by 2282
the employer on the basis of compensation of the member throughout 2283
his or her entire period of membership service, would be 2284
sufficient to provide for the payment of any retirement allowance 2285
payable on his or her account for that service. The percentage 2286
rate so determined shall be known as the "normal contribution 2287
rate." After the accrued liability contribution has ceased to be 2288
payable, the normal contribution rate shall be the percentage rate 2289
of the salary of all members obtained by deducting from the total 2290
liabilities on account of membership service the amount in the 2291
employer's accumulation account, and dividing the remainder by one 2292
percent (1%) of the present value of the prospective future 2293
salaries of all members as computed on the basis of the mortality 2294
and service tables adopted by the board of trustees and regular 2295
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interest. The normal rate of contributions shall be determined by 2296
the actuary after each valuation. 2297
(6) The total amount payable in each year to the 2298
employer's accumulation account shall not be less than the sum of 2299
the percentage rate known as the "normal contribution rate" and 2300
the "accrued liability contribution rate" of the total 2301
compensation earnable by all members during the preceding year, 2302
provided that the payment by the employer shall be sufficient, 2303
when combined with the amounts in the account, to provide the 2304
allowances and other benefits chargeable to this account during 2305
the year then current. 2306
(7) The accrued liability contribution shall be 2307
discontinued as soon as the accumulated balance in the employer's 2308
accumulation account shall equal the present value, computed on 2309
the basis of the normal contribution rate then in force, or the 2310
prospective normal contributions to be received on account of all 2311
persons who are at that time members. 2312
(8) All allowances and benefits in lieu thereof, 2313
with the exception of those payable on account of members who 2314
receive no prior service credit, payable from contributions of the 2315
employer, shall be paid from the employer's accumulation account. 2316
(9) Upon the retirement of a member, an amount 2317
equal to his or her retirement allowance shall be transferred from 2318
the employer's accumulation account to the annuity reserve. 2319
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(10) The employer's accumulation account shall be 2320
credited with any assets authorized by law to be credited to the 2321
account. 2322
(d) Expense account. The expense account shall be the 2323
account to which the expenses of the administration of the system 2324
shall be charged, exclusive of amounts payable as retirement 2325
allowances and as other benefits provided herein. The Legislature 2326
shall make annual appropriations in amounts sufficient to 2327
administer the system, which shall be credited to this account. 2328
There shall be transferred to the State Treasury from this 2329
account, not less than once per month, an amount sufficient for 2330
payment of the estimated expenses of the system for the succeeding 2331
thirty (30) days. Any interest earned on the expense account 2332
shall accrue to the benefit of the system. However, 2333
notwithstanding the provisions of Sections 25-11-15(10) and 2334
25-11-105(f)(v)5, all expenses of the administration of the system 2335
shall be paid from the interest earnings, provided the interest 2336
earnings are in excess of the actuarial interest assumption as 2337
determined by the board, and provided the present cost of the 2338
administrative expense fee of two percent (2%) of the 2339
contributions reported by the political subdivisions and 2340
instrumentalities shall be reduced to one percent (1%) from and 2341
after July 1, 1983, through June 30, 1984, and shall be eliminated 2342
thereafter. 2343
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(e) Collection of contributions. The employer shall 2344
cause to be deducted on each and every payroll of a member for 2345
each and every payroll period, beginning subsequent to January 31, 2346
1953, the contributions payable by the member as provided in 2347
Articles 1 and 3. 2348
The employer shall make deductions from salaries of employees 2349
as provided in Articles 1 and 3 and shall transmit monthly, or at 2350
such time as the board of trustees designates, the amount 2351
specified to be deducted to the Executive Director of the Public 2352
Employees' Retirement System. The executive director, after 2353
making a record of all those receipts, shall deposit such amounts 2354
as provided by law. 2355
(f) (1) The sum of the normal contribution rate and 2356
the accrued liability contribution rate shall be known as the 2357
"employer's contribution rate." 2358
(2) The amount payable by the employer on account 2359
of normal and accrued liability contributions shall be determined 2360
by applying the employer's contribution rate to the amount of 2361
compensation earned by employees who are members of the system. 2362
Monthly, or at such time as the board of trustees designates, each 2363
department or agency shall compute the amount of the employer's 2364
contribution payable, with respect to the salaries of its 2365
employees who are members of the system, and shall cause that 2366
amount to be paid to the board of trustees from the personal 2367
service allotment of the amount appropriated for the operation of 2368
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the department or agency, or from funds otherwise available to the 2369
agency, for the payment of salaries to its employees. 2370
(3) Except as otherwise provided in Section 2371
25-11-106: 2372
(i) Constables shall pay employer and 2373
employee contributions on their net fee income as well as the 2374
employee contributions on all direct treasury or county payroll 2375
income. 2376
(ii) The county shall be responsible for the 2377
employer contribution on all direct treasury or county payroll 2378
income of constables. 2379
(4) Except as otherwise provided in Section 2380
25-11-106.1, chancery and circuit clerks shall be responsible for 2381
both the employer and employee share of contributions on the 2382
proportionate share of net income attributable to fees, as well as 2383
the employee share of net income attributable to direct treasury 2384
or county payroll income, and the employing county shall be 2385
responsible for the employer contributions on the net income 2386
attributable to direct treasury or county payroll income. 2387
(5) Once each year, under procedures established 2388
by the system, each employer shall submit to the Public Employees' 2389
Retirement System a copy of their report to Social Security of all 2390
employees' earnings. 2391
(6) The board shall provide by rules for the 2392
methods of collection of contributions of employers and members. 2393
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The amounts determined due by an agency to the various funds as 2394
specified in Articles 1 and 3 are made obligations of the agency 2395
to the board and shall be paid as provided herein. Failure to 2396
deduct those contributions shall not relieve the employee and 2397
employer from liability thereof. Delinquent employee 2398
contributions and any accrued interest shall be the obligation of 2399
the employee and delinquent employer contributions and any accrued 2400
interest shall be the obligation of the employer. The employer 2401
may, in its discretion, elect to pay any or all of the interest on 2402
delinquent employee contributions. From and after July 1, 1996, 2403
under rules and regulations established by the board, all 2404
employers are authorized and shall transfer all funds due to the 2405
Public Employees' Retirement System electronically and shall 2406
transmit any wage or other reports by computerized reporting 2407
systems. 2408
SECTION 11. Section 25-11-147, Mississippi Code of 1972, is 2409
amended as follows: 2410
25-11-147. (1) Each person becoming a member of the system 2411
on or after March 1, 2026, except for a first responder who became 2412
a member of the system on or after March 1, 2026, shall have, in 2413
addition to the defined benefit plan under this article, a defined 2414
contribution plan meeting the requirements of Section 401(a) of 2415
the Internal Revenue Code. A portion of the employee's 2416
contributions shall be deposited into the employee's defined 2417
contribution account, as provided in Section 25-11-123, and in 2418
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addition, the employer may elect to contribute an amount up to the 2419
maximum pretax amount allowable under federal law for plans under 2420
Section 401(a) of the Internal Revenue Code. Members shall be 2421
vested immediately in the defined contribution plan. 2422
(2) (a) Pursuant to Section 401(a) of the Internal Revenue 2423
Code, the board may establish a defined contribution, qualified 2424
plan under which a portion of the employee's mandatory 2425
contributions shall be deposited and which meets all requirements 2426
under federal and state law. To the extent state law conflicts 2427
with federal law, federal law shall govern the plan document to 2428
maintain the federal tax qualified status. The board, in its 2429
fiduciary capacity, may seek approval from the Internal Revenue 2430
Service. 2431
(b) The administration of the defined contribution plan 2432
shall be under the direction of the system. The defined 2433
contribution plan shall be operated in accordance with the 2434
guidelines established by the Internal Revenue Service for Section 2435
401(a) plans as reflected in the plan document, as may be modified 2436
from time to time by the board of trustees, and including optional 2437
variable employer contributions and a process for hardship 2438
withdrawals by members. Payroll reductions shall be made, in each 2439
instance, by the appropriate payroll officer. The administrator 2440
of the defined contribution plan may contract with a private 2441
corporation or institution for providing consolidated billing and 2442
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other administrative services if deemed necessary by the 2443
administrator. 2444
(c) The board of trustees may assess the employer an 2445
amount, out of the employer's contribution rate under Section 2446
25-11-123, up to two-tenths percent (0.2%) of the participant's 2447
total earned compensation as defined in Section 25-11-103 to 2448
provide for the administrative expenses of operating the defined 2449
contribution plan, including, but not limited to, the services of 2450
auditors, consultants, money managers and third-party 2451
administrators. 2452
(3) Each participating member shall direct the investment of 2453
the individual's accumulated employer and employee contributions 2454
and earnings to one or more investment choices within available 2455
categories of investment provided by the board. The board shall 2456
provide an investment menu of investment options. In establishing 2457
the investment options, the board shall: 2458
(a) Include predetermined investment portfolio options 2459
constructed to reflect different risk profiles that automatically 2460
reallocate and rebalance contributions as a participating member 2461
ages; and 2462
(b) Allow a participating member to construct an 2463
investment portfolio using some or all of the investment options. 2464
SECTION 12. Section 25-11-126, Mississippi Code of 1972, is 2465
amended as follows: 2466
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25-11-126. (1) Any person who has at least thirty (30) 2467
years of creditable service, who was employed as a public school 2468
teacher at the time of his or her retirement, has been retired at 2469
least ninety (90) days and is receiving a retirement allowance, 2470
and holds a standard teaching license in Mississippi, may be 2471
employed as a teacher in a public school district after 2472
retirement, and choose to continue receiving the retirement 2473
allowance under this article during his or her employment as a 2474
teacher after retirement in addition to receiving the salary 2475
authorized under this section, along with the local contribution 2476
of the school district in which the retiree is employed, at the 2477
discretion of the school district. Any teacher who has retired 2478
with at least twenty-five (25) years of creditable service as of 2479
July 1, 2024, may also participate in this program if the teacher 2480
otherwise qualifies under this section. 2481
(2) A retired teacher, under the authority of this section 2482
may * * * be hired to teach in * * * any school district * * *, 2483
and shall hold the related standard teaching license and/or 2484
endorsements to teach in the subject area for which he or she is 2485
employed. The base compensation authorized for returning retired 2486
teachers under Section 37-19-7 shall not be graduated annually in 2487
the same manner as teachers who are employed by a school district 2488
under traditional employment guidelines, but shall remain static 2489
for the entirety of his or her * * * teaching period as a retired 2490
teacher. 2491
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(3) (a) A retired teacher may be employed as a teacher, 2492
continue receiving his or her retirement allowance and be a 2493
contributing member of the system without accruing additional 2494
retirement benefits * * *. 2495
* * * A school district shall * * * adhere to the salary 2496
schedule prescribed in Section 37-19-7 in considering the salary 2497
for a retired teacher, which shall not be less than the amount 2498
comparable to teacher's salary at his or her retirement as 2499
determined by the teacher's years of service and license 2500
type * * *. However, * * * the school district may allocate up to 2501
one hundred and twenty-five percent (125%) of the amount provided 2502
under the salary schedule comparable to the teacher's years of 2503
service and license type as salary and assessment under the 2504
program. 2505
* * * 2506
(b) * * * The salary authorized under Section 37-19-7 2507
for retired teachers shall be * * * adjusted accordingly to 2508
reflect * * * the contractual agreement entered into by an 2509
employing school district and a retired teacher * * * to perform 2510
instructional responsibility on a part-time or full-time basis. 2511
(c) The State Department of Education shall transfer to 2512
the system the * * * total funding formula funds of local school 2513
districts that on or after July 1, 2024, hire retired members as 2514
teachers under this section and other funds that otherwise would 2515
have been payable to the districts if the districts had not taken 2516
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advantage of this section. The crediting of assets and financing 2517
shall follow the provisions of Section 25-11-123. 2518
(d) Local educational agencies shall transfer to the 2519
system * * * the total funding formula funds of local school 2520
districts that on or after July 1, 2024, hire retired members as 2521
teachers under this section and other funds that otherwise would 2522
have been payable to the districts if the districts had not taken 2523
advantage of this section. The crediting of assets and financing 2524
must follow the provisions of Section 25-11-123. 2525
* * * 2526
( * * *4) A person may be hired under this section subject 2527
to the following conditions: 2528
(a) The retired member holds any teacher's professional 2529
license or certificate as may be required in Section 37-3-2, and 2530
holds the related standard teaching license and/or endorsements to 2531
teach in the applicable subject area of instruction provided to 2532
students; 2533
(b) The superintendent of the employing school district 2534
certifies in writing to the State Department of Education that the 2535
retired member has the requisite experience, training and 2536
expertise for the position to be filled; 2537
(c) The superintendent of the school district certifies 2538
or the principal of the school certifies that there was no 2539
preexisting arrangement for the person to be hired; and 2540
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(d) The person had a satisfactory performance review 2541
for the most recent period before retirement * * *. 2542
* * * 2543
( * * *5) The State Superintendent of Public Education shall 2544
report the persons who are employed under this section to the 2545
Executive Director of the Public Employees' Retirement System. 2546
( * * *6) The department of education shall promulgate 2547
regulations that prescribe a salary schedule that reflects the 2548
provisions of this section. Each school district shall create a 2549
policy, approved by the local school board, related to the hiring 2550
of retired teachers and including, but not limited to, the hiring 2551
of full- and part-time retired teacher employees under this 2552
section and Section 25-11-127. 2553
( * * *7) Any retired teacher who returns to work in 2554
accordance with this section shall not be eligible to return to 2555
work under the provisions of Section 25-11-127. 2556
SECTION 13. Section 37-151-201, Mississippi Code of 1972, is 2557
brought forward as follows: 2558
37-151-201. The following words and phrases have the 2559
meanings ascribed in this section unless the context clearly 2560
indicates otherwise: 2561
(a) "Base amount" or "student base amount" means the 2562
student base funding level that is established in the funding 2563
formula as the estimated cost of educating a student with no 2564
additional measured needs or special factors. 2565
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(b) "Career and technical education course" or "CTE 2566
course" means a credit-bearing course that has been approved and 2567
classified by the department as a career and technical education, 2568
or CTE, course. 2569
(c) "Charter school" means a public school that is 2570
established and operating under the terms of a charter contract 2571
pursuant to Chapter 28, Title 37, Mississippi Code of 1972. 2572
(d) "Department" means the State Department of 2573
Education. 2574
(e) "English Language Learner" or "ELL" means a student 2575
identified in accordance with federal law as entitled to English 2576
as a second language or bilingual services on the basis of the 2577
student's English language proficiency. 2578
(f) "Final weighted enrollment" means the final product 2579
of applying weights to the net enrollment of a school district or 2580
charter school after accounting for the sparsity of a school 2581
district or charter school, as determined in Section 37-151-205. 2582
(g) "Gifted student" means a student identified as 2583
eligible to participate in a gifted education program for the 2584
instruction of intellectually or academically gifted children, as 2585
defined and provided for in Sections 37-23-171 through 37-23-181. 2586
(h) "Local contribution" means the amount of local tax 2587
money that school districts or charter schools must contribute to 2588
the cost of the funding formula for their district or charter 2589
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school in a given fiscal year, as determined under Section 2590
37-151-211. 2591
(i) "Local minimum tax effort" means the amount in 2592
taxes that the local levying authority for each school district 2593
must raise on behalf of the school districts and charter schools 2594
in its geographic boundaries, as determined under Section 2595
37-151-211. 2596
(j) "Low income student" means a student who has been 2597
identified by the department, through inclusion in the identified 2598
student percentage, as having been approved for free meals based 2599
on documentation of: 2600
(i) Receipt of benefits from the following 2601
federally funded programs: 2602
1. Supplemental Nutrition Assistance Program 2603
(SNAP); 2604
2. Temporary Assistance for Needy Families 2605
(TANF); 2606
3. Food Distribution Program on Indian 2607
Reservations (FDPIR); or 2608
4. Medicaid, where applicable, as approved by 2609
United States Department of Agriculture (USDA) to conduct matching 2610
with Medicaid data to identify children eligible for free meals; 2611
or 2612
(ii) The inclusion of students who are identified 2613
as homeless children, migrant children, runaway children or Head 2614
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Start children, who are approved for free school meals without 2615
application and not subject to verification, which includes foster 2616
children certified for free meals through means other than an 2617
application for free and reduced price school meals. 2618
(k) "Net enrollment" means the average of the total 2619
aggregate student enrollment of a school district or charter 2620
school on the last day of months two (2) and three (3) of the 2621
previous school year. The total aggregate student enrollment for 2622
each day may be determined by calculating the total number of 2623
students enrolled plus or minus the total number of new student 2624
enrollments or withdrawals, respectively, with the resulting 2625
amount being considered the total aggregate student enrollment on 2626
a given day. However, if a local school board or the governing 2627
board of a charter school adopts a class schedule that operates 2628
throughout the year for any or all schools in the district or the 2629
charter school, net enrollment must be computed by the State 2630
Department of Education so that the resulting net enrollment will 2631
not be higher or lower than if the local school board or the 2632
governing board had not adopted a year-round schedule. 2633
(l) "Preliminary weighted enrollment" means the initial 2634
product of applying weights to the net enrollment of a school 2635
district or charter school, as determined in Section 37-151-205. 2636
(m) "School board" means a governmental board 2637
exercising management and control over a school district and the 2638
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schools of that district pursuant to the Mississippi Constitution 2639
of 1890 and state statutes. 2640
(n) "School district" or "district" means a 2641
governmental entity that establishes and supervises one or more 2642
public schools within its geographical limits pursuant to state 2643
statutes. 2644
(o) "Sparsely populated district or charter school" 2645
means a school district or charter school with a density of less 2646
than eight (8) students per square mile, as determined by dividing 2647
the net enrollment of a district or charter school by the square 2648
mileage within its geographic boundaries. For the purpose of 2649
determining the sparsity of a charter school, the square mileage 2650
of a charter school is equivalent to the square mileage within the 2651
geographic boundaries of the school district in which the charter 2652
school is located. 2653
(p) "Special education program" means a program that 2654
provides services for exceptional children, as defined and 2655
authorized by Chapter 23, Title 37, Mississippi Code of 1972. 2656
(q) "State share" means the amount the state 2657
contributes to the funding formula for the annual operating 2658
funding of each school district or charter school. 2659
(r) "Superintendent" means the administrative head of a 2660
school district. 2661
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(s) "Total funding formula" means the formula used to 2662
determine annual operating funding for public schools, as 2663
prescribed in Sections 37-151-200 through 37-151-215. 2664
(t) "Weight" or "weighting" means a multiplier used to 2665
adjust the preliminary weighted enrollment and final weighted 2666
enrollment to support the additional costs of educating students 2667
in defined student populations or in a defined geographic context. 2668
SECTION 14. Section 37-151-203, Mississippi Code of 1972, is 2669
amended as follows: 2670
37-151-203. (1) In fiscal year * * * 2027, the student base 2671
amount shall be * * * Seven Thousand Four Hundred Forty-seven 2672
Dollars and Thirty-seven Cents ($7,447.37) per student. In 2673
fiscal * * * year 2028, the inflationary adjustment described in 2674
this section shall be applied to derive the total funding formula. 2675
In fiscal year 2029, and every fourth fiscal year thereafter, the 2676
State Board of Education, on or before August 1, with an adjusted 2677
estimate no later than January 2, shall submit to the Legislative 2678
Budget Office, the Chairmen of the Senate and House of 2679
Representatives Appropriations and Education Committees, 2680
respectively, the Lieutenant Governor and the Speaker of the House 2681
a new proposed student base amount calculation using the following 2682
formula: 2683
(a) Instructional cost. To determine the instructional 2684
cost, the department shall first calculate the state's student to 2685
teacher ratio. Such ratio shall be determined by dividing the net 2686
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enrollment for public schools and charter schools in the state by 2687
the total number of teachers in such schools, as determined by the 2688
department, in months two (2) and three (3) of the school year 2689
preceding the year funds are to be appropriated. The student to 2690
teacher ratio shall be rounded up to the nearest whole number. 2691
After determining the student to teacher ratio, the average 2692
teacher salary shall be divided by the student-teacher ratio, and 2693
the resulting amount shall be considered the instructional cost. 2694
The average teacher salary shall be calculated by the department 2695
and include district local supplements as provided in Section 2696
37-151-87, but shall not include the highest five percent (5%) and 2697
lowest five percent (5%) of district local supplements. 2698
(b) Administrative cost; which shall be twenty percent 2699
(20%) of the instructional cost. 2700
(c) Ancillary personnel and expenses; which shall be 2701
thirty percent (30%) of the instructional cost. 2702
(d) Operation and maintenance of plant. For the plant 2703
and maintenance cost component, the State Department of Education 2704
shall select districts that have a ratio of plant and maintenance 2705
expenditures per one hundred thousand (100,000) square feet of 2706
building space and a ratio of maintenance workers per one hundred 2707
thousand (100,000) square feet of building space that are both 2708
between one (1) standard deviation above the mean and two (2) 2709
standard deviations below the mean of the statewide average. The 2710
plant and maintenance cost component shall be calculated by 2711
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dividing the latest available months one (1) through nine (9) 2712
average daily attendance of the selected districts into the plant 2713
and maintenance expenditures of these selected districts. For the 2714
purpose of this calculation, the Department of Education shall use 2715
the following funds, functions and objects: Fund 1120 Functions 2716
2600-2699, Objects 100-699 and Objects 800-999; Fund 2711 2717
Functions 2600-2699, Objects 100-699 and Objects 800-999; Fund 2718
2430 Functions 2600-2699, Objects 100-699 and Objects 800-999. 2719
Net enrollment means the percentage change from the prior year of 2720
each year of each school district's months two (2) and three (3) 2721
average of net enrollment for the three (3) immediately preceding 2722
school years of the year for which funds are being appropriated. 2723
(2) For purposes of these calculations, the State Department 2724
of Education shall utilize financial data from the second 2725
preceding year of the year for which funds are being appropriated. 2726
(3) For each of the fiscal years between the recalculation 2727
of the base student cost, the base student cost shall be increased 2728
by an amount equal to twenty-five percent (25%) of the base 2729
student cost for the previous fiscal year, multiplied by the 2730
twenty year average annual change in the rate of inflation rounded 2731
up to the nearest tenth of a percent for the State of Mississippi 2732
as determined by the State Economist, plus any adjustments for 2733
additional state requirements including, but not limited to, 2734
teacher pay raises and health insurance premium increases. The 2735
calculation shall be performed annually by the Department of 2736
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Education, and the resulting amount shall replace base student 2737
cost from the previous year. 2738
(4) In years when the total revenue of the state does not 2739
increase, the Legislature may retain the base student cost from 2740
the previous year. If the total revenue increases the following 2741
year, the formula shall be recalculated or increased according to 2742
inflation as provided in Sections 37-151-200 through 37-151-215. 2743
(5) Base student cost shall not be lower than the previous 2744
year; provided, however, the base student cost may be lowered when 2745
the State Fiscal Officer provides notice to the Legislative Budget 2746
Office of a revenue shortfall in accordance with Section 2747
27-104-13. 2748
(6) By November 1, 2024, the department shall submit to the 2749
Legislative Budget Office, the Chairmen of the Senate and House of 2750
Representatives Appropriations and Education Committees, 2751
respectively, the Lieutenant Governor and the Speaker of the 2752
House, a report on the department's plan for implementation of the 2753
funding formula as specified under the provisions of Sections 2754
37-151-200 through 37-151-215, and to recommend any technical 2755
amendments necessary for its effective administration before the 2756
commencement of the 2025 Regular Session of the Legislature. 2757
(7) The annual amount of funding for the operation of each 2758
school district and charter school under the total funding formula 2759
as provided under Sections 37-151-200 through 37-151-215 is 2760
determined by multiplying the student base amount, as determined 2761
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under Section 37-151-203, by the final weighted enrollment of the 2762
school district or charter school, as determined under Section 2763
37-151-205. 2764
SECTION 15. Section 37-151-205, Mississippi Code of 1972, is 2765
brought forward as follows: 2766
37-151-205. (1) The preliminary weighted enrollment of each 2767
school district and charter school under Sections 37-151-200 2768
through 37-151-215 is determined by applying the weights 2769
prescribed in this section, none of which are mutually exclusive 2770
of another, to each applicable school district or charter school's 2771
net enrollment, as determined by Section 37-151-207. To determine 2772
additional funding authorized under this section, the number of 2773
students in a school district that are identified as the 2774
applicable weight shall be calculated as a percentage of the 2775
students in the school district. Such amount shall be referred to 2776
as the "percentage of applicable students." 2777
(2) For students identified as low-income, as defined in 2778
Section 37-151-201, the percentage of applicable students in the 2779
school district is multiplied by thirty one-hundredths (30/100), 2780
and then multiplied by net enrollment. 2781
(3) For students identified as English Language Learners, as 2782
defined in Section 37-151-201, the percentage of applicable 2783
students in the school district is multiplied by fifteen 2784
one-hundredths (15/100), and then multiplied by net enrollment. 2785
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(4) The following weights are applied to students who are 2786
identified as entitled to and receiving services in a special 2787
education program: 2788
(a) Tier I: For students diagnosed with a specific 2789
learning disability, speech and language impairment, or 2790
developmental delay, the percentage of applicable students in the 2791
school district is multiplied by sixty one-hundredths (60/100), 2792
and then multiplied by net enrollment. 2793
(b) Tier II: For students diagnosed with autism, 2794
hearing impairment, emotional disability, orthopedic impairment, 2795
intellectual disability, or other health impairment, the 2796
percentage of applicable students in the school district is 2797
multiplied by one hundred ten one-hundredths (110/100), and then 2798
multiplied by net enrollment. 2799
(c) Tier III: For students diagnosed with visual 2800
impairment, deaf-blindness, multiple disabilities, or traumatic 2801
brain injury, the percentage of applicable students in the school 2802
district is multiplied by one hundred thirty one-hundredths 2803
(130/100), and then multiplied by net enrollment. 2804
For the purpose of student counts, a student entitled to and 2805
receiving special education services may not be included under 2806
more than one (1) tier prescribed in paragraphs (a), (b) and (c) 2807
of this subsection. A student having multiple diagnoses must be 2808
counted under the highest tier applicable to that student. 2809
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(5) A weight of five percent (5%) is applied to five percent 2810
(5%) of a school district or charter school's net enrollment for 2811
the purpose of providing gifted education, regardless of the 2812
number of students in a school district or charter school that 2813
have been identified as gifted students: the total number of 2814
students in net enrollment in a school district or charter school, 2815
as determined by Section 37-151-207, is multiplied by five 2816
one-hundredths (5/100), which is again multiplied by five 2817
one-hundredths (5/100). 2818
(6) For Ninth, Tenth, Eleventh and Twelfth Grade students 2819
enrolled in a career and technical education course, as defined in 2820
Section 37-151-201, the percentage of applicable students in the 2821
school district is multiplied by ten one-hundredths (10/100), and 2822
then multiplied by net enrollment. Students enrolled in multiple 2823
career and technical education courses are counted once. 2824
(7) In each school district or charter school where the 2825
number of students identified as low income, as defined in Section 2826
37-151-201, exceeds thirty-five percent (35%) of the school 2827
district or charter school's net enrollment, a weight of ten 2828
percent (10%) is applied only to the number of low income students 2829
in excess of the number of low income students which constitute 2830
thirty-five percent (35%) of net enrollment. The number of 2831
students eligible for this weight is calculated by subtracting the 2832
number of students equivalent to thirty-five percent (35%) of the 2833
net enrollment of that school district or charter school from the 2834
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total number of students in that school district or charter school 2835
identified as low income: if the total percentage of applicable 2836
students identified in subsection (2) exceeds thirty-five percent 2837
(35%) of the school district or charter school's total net 2838
enrollment, as determined in Section 37-151-207, the difference 2839
between the total percentage of applicable students identified in 2840
subsection (2) and thirty-five percent (35%) of the school 2841
district or charter school's total net enrollment is multiplied by 2842
ten one-hundredths (10/100), and then multiplied by net 2843
enrollment. 2844
(8) The final weighted enrollment of each school district 2845
and charter school under the total funding formula as provided for 2846
in Sections 37-151-200 through 37-151-215 is determined as 2847
follows: 2848
(a) The final weighted enrollment for each school 2849
district or charter school that is not classified as a sparsely 2850
populated district or charter school, as defined in Section 2851
37-151-201, is equivalent to the preliminary weighted enrollment 2852
of that school district or charter school, as determined in 2853
subsections (1) through (7) of this section: the State Department 2854
of Education shall add to the school district or charter school's 2855
net enrollment, as determined under Section 37-151-207, each of 2856
the additional figures calculated in accordance with subsections 2857
(2) through (7), and this total is the final weighted enrollment. 2858
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(b) The final weighted enrollment for each sparsely 2859
populated district or charter school, as defined in Section 2860
37-151-201, is determined by multiplying the sparsity weight by 2861
the preliminary weighted enrollment, as determined in subsections 2862
(1) through (7) of this section, and then adding that figure to 2863
the preliminary weighted enrollment. To calculate the final 2864
weighted enrollment, the State Department of Education shall add 2865
to the school district or charter school's net enrollment, each of 2866
the additional figures calculated in accordance with subsections 2867
(2) through (7) to determine the preliminary weighted enrollment, 2868
multiply this figure by the sparsity weight as determined below, 2869
and add this resulting number to the preliminary weighted 2870
enrollment to find the final weighted enrollment. To calculate 2871
the sparsity weight, the State Department of Education shall find 2872
the difference between the number of students per square mile in 2873
that district or charter school and a sparsity threshold of eight 2874
(8) students per square mile, and then shall divide the resulting 2875
figure by one hundred (100) to create a percentage: for example, 2876
if the number of students per square mile in a district is three 2877
(3), the difference is five (5) (eight (8) minus three (3)), and 2878
the sparsity weight is five percent (5%), or five one-hundredths 2879
(5/100). 2880
SECTION 16. Section 37-151-207, Mississippi Code of 1972, is 2881
brought forward as follows: 2882
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37-151-207. (1) The net enrollment of a school district or 2883
charter school for use in the funding formula must be computed and 2884
currently maintained by the State Board of Education in accordance 2885
with the following: 2886
(a) Determination of school district net enrollment for 2887
use in the funding formula. Effective with fiscal year 2026, the 2888
State Department of Education shall determine the percentage 2889
change from the prior year of each school district's months two 2890
(2) and three (3) for the three (3) immediately preceding school 2891
years of the year for which funds are being appropriated. 2892
(b) Determination of charter school net enrollment for 2893
use in the funding formula. Effective with fiscal year 2026, the 2894
department shall base a charter school's net enrollment on the 2895
enrollment projections for the relevant year set forth over the 2896
term of the charter contract. 2897
(c) The net enrollment of a school district used for 2898
funding formula calculations, as determined in paragraph (a) of 2899
this subsection, must be reconciled with the school district's net 2900
enrollment using months two (2) and three (3) for the year for 2901
which total funding formula funds are being appropriated, and any 2902
necessary adjustments must be made to payments during the school 2903
district's following year of operation. Any necessary adjustment 2904
for a school district must be based on the state share of the per 2905
pupil amount in effect for the year for which actual net 2906
enrollment did not meet expectations and not any new amount 2907
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appropriated for the year in which the adjustment will be made. 2908
Reconciliation of net enrollment for charter schools must be based 2909
on requirements set forth in Section 37-28-55. 2910
(2) The net enrollment of a school district or charter 2911
school must include any student enrolled in a dual enrollment-dual 2912
credit program as defined and provided for in Section 37-15-38. 2913
The State Department of Education shall make payments for dual 2914
enrollment-dual credit programs to the home school district or 2915
charter school in which the student is enrolled, in accordance 2916
with regulations promulgated by the State Board of Education. All 2917
state funding under the formula must cease upon completion of high 2918
school graduation requirements. 2919
(3) The State Board of Education shall promulgate such rules 2920
and regulations as may be necessary for the counting and reporting 2921
of student enrollment by school districts and charter schools to 2922
the department in a manner that enables the provisions of Sections 2923
37-151-200 through 37-151-215 to be carried out. The rules and 2924
regulations must require school districts and charter schools to 2925
submit data that includes, at a minimum, numbers for the specific 2926
student populations that are subject to weighting under Sections 2927
37-151-200 through 37-151-215 as well as the aggregate amount of 2928
students in enrollment when each calculation is made. For the 2929
first year of operation of a charter school, the State Board of 2930
Education shall use imputed student demographic data based on the 2931
traditional district in which the charter school is located to 2932
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estimate student populations that are subject to weighting under 2933
Sections 37-151-200 through 37-151-215. 2934
(4) The superintendent of each school district and the head 2935
of school of each charter school, as applicable, shall submit the 2936
data required by subsection (3) of this section with a signed 2937
affidavit attesting that the data submitted to the department is 2938
accurate to the best of the superintendent's knowledge, and any 2939
inaccuracies later discovered will be reported to the department. 2940
The State Board of Education shall be specifically authorized and 2941
empowered to withhold allocations from the total funding formula 2942
funds as provided in Sections 37-151-200 through 37-151-215, to 2943
any school district or charter school for improperly or 2944
inaccurately reporting the student data required by Sections 2945
37-151-200 through 37-151-215. 2946
SECTION 17. Section 37-151-209, Mississippi Code of 1972, is 2947
brought forward as follows: 2948
37-151-209. Allocations to school districts or charter 2949
schools made by the State Department of Education on the basis of 2950
the count of students in student categories established for the 2951
purpose of applying various weights under Sections 37-151-200 2952
through 37-151-215 are intended only to generate total 2953
appropriation amounts for school funding. Except as otherwise 2954
required by applicable state or federal law or by applicable 2955
rules, regulations, policies, or order of the State Board of 2956
Education and the State Department of Education, a school district 2957
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or charter school may exercise full autonomy in the spending of 2958
all funds allocated under the formula to the district or charter 2959
school so long as funds are expended in the manner determined by 2960
the school board or governing board to best meet the needs of the 2961
student population of the school district or charter school. 2962
SECTION 18. Section 37-151-211, Mississippi Code of 1972, is 2963
brought forward as follows: 2964
37-151-211. (1) (a) Before February 1 of each year, the 2965
tax assessor of each county shall file reports with the State 2966
Department of Education which provide information essential to the 2967
department in determining the local contribution that each school 2968
district or charter school is required to provide toward the cost 2969
of local school funding. A separate report must be filed for each 2970
school district or part of a school district situated in the 2971
county and must include the following information: 2972
(i) The total assessed valuation of nonexempt 2973
property for school purposes in each school district; 2974
(ii) Assessed value of exempt property owned by 2975
homeowners aged sixty-five (65) or older or disabled, as defined 2976
in Section 27-33-67(2); 2977
(iii) The school district's tax loss from 2978
exemptions provided to applicants under the age of sixty-five (65) 2979
and not disabled, as defined in Section 27-33-67(1); and 2980
(iv) The school district's homestead reimbursement 2981
revenues. 2982
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(b) The State Department of Education shall prepare and 2983
make available to the tax assessor of each county a form for the 2984
reports required under paragraph (a) of this subsection (1)(a). 2985
(2) (a) The department shall use the information submitted 2986
pursuant to subsection (1) to calculate and certify to each school 2987
district the millage required to raise its minimum local tax 2988
effort, which must be the value of not less than twenty-eight (28) 2989
mills for the then current fiscal year or a millage rate 2990
equivalent to twenty-seven percent (27%) of the total funding 2991
formula funds for the school district, any charter schools, and 2992
any Mississippi Achievement School District Schools located in its 2993
boundaries, whichever is a lesser amount as certified to the 2994
school district by the department, upon all of the taxable 2995
property of the school district, including the following sources: 2996
(i) One hundred percent (100%) of Grand Gulf 2997
income, as prescribed in Section 27-35-309; and 2998
(ii) One hundred percent (100%) of any fees in 2999
lieu of taxes, as prescribed in Section 27-31-104, in accordance 3000
with Section 37-57-1. 3001
(b) The department shall determine the local 3002
contribution of each school district or charter school based on 3003
the minimum local tax effort, as determined under paragraph (a), 3004
and shall certify this required local contribution to each school 3005
district or charter school, as follows: 3006
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(i) For school districts in which there are no 3007
charter schools, the minimum local tax effort is the required 3008
local contribution for the school district. 3009
(ii) For school districts in which there is 3010
located one or more charter schools, the local contribution of the 3011
school district is the product of multiplying the local pro rata 3012
amount by the net enrollment of the school district. The 3013
department will calculate the local pro rata amount by dividing 3014
the school district's minimum local tax effort by the sum of the 3015
net enrollment of the school district, as determined by Section 3016
37-151-207, and the projected enrollment of charter school 3017
students, as specified in Section 37-151-207, who reside or are 3018
estimated to reside in the district, but excluding from this 3019
projected enrollment any resident students who are projected to 3020
transfer from the district to a charter school after the 3021
calculation of the district's net enrollment, so as not to 3022
double-count those students. 3023
(iii) For each charter school, the local 3024
contribution is the sum of the local pro rata amount for each 3025
charter school student, as determined by Section 37-151-207, based 3026
on each student's district of residence. The department will 3027
calculate a local pro rata amount for each school district in 3028
which a student projected to attend the charter school resides or 3029
is estimated to reside using the methodology in subparagraph (ii) 3030
of this paragraph (b). 3031
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(iv) In the case of an agricultural high school, 3032
the local contribution is based on an equitable amount per pupil, 3033
as determined by the State Board of Education. The State Board of 3034
Education shall set the millage requirement to generate such an 3035
amount and will certify this amount and millage requirement to 3036
agricultural high schools in the same manner as for all other 3037
school districts under this subsection. 3038
(3) Except as otherwise provided in Section 37-151-213(1), 3039
the required state share in support of each school district and 3040
charter school is determined by subtracting the required local 3041
contribution, which total amount may not exceed twenty-seven 3042
percent (27%) of the total projected funding formula cost, from 3043
the total projected funding formula cost, as determined under 3044
Sections 37-151-200 through 37-151-215, for the school district or 3045
charter school. 3046
(4) If the school board of any school district or charter 3047
school governing board determines that it is not economically 3048
feasible or practicable to operate any school within the district 3049
or charter school for the full one hundred eighty (180) days 3050
required for the school term of a scholastic year under Section 3051
37-13-63, due to an enemy attack, man-made, technological, or 3052
natural disaster in which the Governor has declared a disaster 3053
emergency under the laws of this state or the President of the 3054
United States has declared an emergency or major disaster to exist 3055
in this state, the school board or charter school governing board 3056
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may notify the State Department of Education of the disaster and 3057
submit a plan for altering the school term. If the State Board of 3058
Education finds the disaster to be the cause of the school not 3059
operating for the contemplated school term and that the school is 3060
located in a school district covered by the Governor's or 3061
President's disaster declaration, the board may permit the schools 3062
located in that district to be operated for less than one hundred 3063
eighty (180) days and, in such case, the State Department of 3064
Education may not reduce the state share in support of the funding 3065
formula for that district or charter school because of the failure 3066
to operate those schools for one hundred eighty (180) days. 3067
SECTION 19. Section 37-151-213, Mississippi Code of 1972, is 3068
brought forward as follows: 3069
37-151-213. (1) To qualify for state funds under this 3070
chapter, a school district may not exceed a student-teacher ratio 3071
determined in accordance with appropriate accreditation standards 3072
developed by the Mississippi Commission on School Accreditation. 3073
However, a local district may apply to the State Board of 3074
Education for approval of a waiver to this section by submitting 3075
and justifying an alternative educational program to serve the 3076
needs of enrollment. The State Board of Education must approve or 3077
disapprove of the waiver no later than forty-five (45) days after 3078
the receipt of the application. 3079
(2) If a school district violates a required student-teacher 3080
ratio, the state share in support of the funding formula for the 3081
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next succeeding fiscal year to that school district must be 3082
reduced by the percentage variance that the actual student-teacher 3083
ratios in the school district is to the required student-teacher 3084
ratios established under accreditation standards. 3085
(3) Notwithstanding the provisions of this section, the 3086
State Board of Education may waive the student-teacher 3087
requirements upon a finding that a good faith effort is being made 3088
by a school district to comply with the ratio provision but, due 3089
to a lack of classroom space which is beyond the district's 3090
control, it is physically impossible for the district to comply, 3091
and the cost of temporary classroom space cannot be justified. 3092
(4) If a school district meets the highest levels of 3093
performance classification, as determined by the State Board of 3094
Education in the state's accountability standards, the State Board 3095
of Education, in its discretion, may exempt the school district 3096
from the maximum student-teacher ratio required under this 3097
section. 3098
(5) This section is not applicable to charter schools. 3099
SECTION 20. Section 37-151-215, Mississippi Code of 1972, is 3100
brought forward as follows: 3101
37-151-215. (1) Notwithstanding the provisions of Section 3102
37-151-211(3), the state share in support of the funding formula 3103
for a school district or charter school for fiscal year 2025, 3104
fiscal year 2026 and fiscal year 2027 may not be less than an 3105
amount equal to the sum of all state funds received by that 3106
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school district or charter school for fiscal year 2024, as 3107
follows: 3108
(a) Funds distributed under the Mississippi Adequate 3109
Education Program; 3110
(b) Funds distributed by the State Department of 3111
Education for the purpose of paying teachers' salaries according 3112
to the teacher salary schedule prescribed in Section 37-19-7 and 3113
assistant teachers, as prescribed in Section 37-21-7 for the 3114
2023-2024 school year; and 3115
(c) Funds distributed by and based on net enrollment or 3116
the total number of students enrolled for each day in each public 3117
school district or charter school, divided by the total number of 3118
school days, and allowable to be spent on any expenditures 3119
necessary to operate a public school district or charter school, 3120
excluding salary increases for superintendents, assistant 3121
superintendents or principals. 3122
(2) This section shall stand repealed on July 1, 2027. 3123
SECTION 21. Section 37-57-104, Mississippi Code of 1972, is 3124
brought forward as follows: 3125
37-57-104. (1) Each school board shall submit to the 3126
levying authority for the school district a certified copy of an 3127
order adopted by the school board requesting an ad valorem tax 3128
effort in dollars for the support of the school district. The 3129
copy of the order shall be submitted by the school board when the 3130
copies of the school district's budget are filed with the levying 3131
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authority pursuant to Section 37-61-9. Upon receipt of the school 3132
board's order requesting the ad valorem tax effort in dollars, the 3133
levying authority shall determine the millage rate necessary to 3134
generate funds equal to the dollar amount requested by the school 3135
board. For the purpose of calculating this millage rate, any 3136
additional amount that is levied pursuant to Section 37-57-105(1) 3137
to cover anticipated delinquencies and costs of collection or any 3138
amount that may be levied for the payment of the principal and 3139
interest on school bonds or notes shall be excluded from the 3140
limitation of fifty-five (55) mills provided for in subsection (2) 3141
of this section. 3142
(2) (a) Except as otherwise provided under paragraph (b) or 3143
(c) of this subsection, if the millage rate necessary to generate 3144
funds equal to the dollar amount requested by the school board is 3145
greater than fifty-five (55) mills, and if this millage rate is 3146
higher than the millage then being levied pursuant to the school 3147
board's order requesting the ad valorem tax effort for the 3148
currently existing fiscal year, then the levying authority shall 3149
call a referendum on the question of exceeding, during the next 3150
fiscal year, the then existing millage rate being levied for 3151
school district purposes. The referendum shall be scheduled for 3152
not more than six (6) weeks after the date on which the levying 3153
authority receives the school board's order requesting the ad 3154
valorem tax effort. 3155
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When a referendum has been called, notice of the referendum 3156
shall be published at least five (5) days per week, unless the 3157
only newspaper published in the school district is published less 3158
than five (5) days per week, for at least three (3) consecutive 3159
weeks, in at least one (1) newspaper published in the school 3160
district. The notice shall be no less than one-fourth (1/4) page 3161
in size, and the type used shall be no smaller than eighteen (18) 3162
point and surrounded by a one-fourth-inch solid black border. The 3163
notice may not be placed in that portion of the newspaper where 3164
legal notices and classified advertisements appear. The first 3165
publication of the notice shall be made not less than twenty-one 3166
(21) days before the date fixed for the referendum, and the last 3167
publication shall be made not more than seven (7) days before that 3168
date. If no newspaper is published in the school district, then 3169
the notice shall be published in a newspaper having a general 3170
circulation in the school district. The referendum shall be held, 3171
as far as is practicable, in the same manner as other referendums 3172
and elections are held in the county or municipality. At the 3173
referendum, all registered, qualified electors of the school 3174
district may vote. The ballots used at the referendum shall have 3175
printed thereon a brief statement of the amount and purpose of the 3176
increased tax levy and the words "FOR INCREASING THE MILLAGE 3177
LEVIED FOR SCHOOL DISTRICT PURPOSES FROM (MILLAGE RATE CURRENTLY 3178
LEVIED) MILLS TO (MILLAGE RATE REQUIRED UNDER SCHOOL BOARD'S 3179
ORDER) MILLS," and "AGAINST INCREASING THE MILLAGE LEVIED FOR 3180
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SCHOOL DISTRICT PURPOSES FROM (MILLAGE RATE CURRENTLY LEVIED) 3181
MILLS TO (MILLAGE RATE REQUIRED UNDER SCHOOL BOARD'S ORDER) 3182
MILLS." The voter shall vote by placing a cross (X) or checkmark 3183
(√) opposite his choice on the proposition. 3184
If a majority of the registered, qualified electors of the 3185
school district who vote in the referendum vote in favor of the 3186
question, then the ad valorem tax effort in dollars requested by 3187
the school board shall be approved. However, if a majority of the 3188
registered, qualified electors who vote in the referendum vote 3189
against the question, the millage rate levied by the levying 3190
authority shall not exceed the millage then being levied pursuant 3191
to the school board's order requesting the ad valorem tax effort 3192
for the then currently existing fiscal year. 3193
Nothing in this subsection shall be construed to require any 3194
school district that is levying more than fifty-five (55) mills 3195
pursuant to Sections 37-57-1 and 37-57-105 to decrease its millage 3196
rate to fifty-five (55) mills or less. Further, nothing in this 3197
subsection shall be construed to require a referendum in a school 3198
district where the requested ad valorem tax effort in dollars 3199
requires a millage rate of greater than fifty-five (55) mills but 3200
the requested dollar amount does not require any increase in the 3201
then existing millage rate. Further, nothing in this subsection 3202
shall be construed to require a referendum in a school district 3203
where, because of a decrease in the assessed valuation of the 3204
district, a millage rate of greater than fifty-five (55) mills is 3205
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necessary to generate funds equal to the dollar amount generated 3206
by the ad valorem tax effort for the currently existing fiscal 3207
year. 3208
(b) However, if a levying authority is levying in 3209
excess of fifty-five (55) mills on July 1, 1997, the levying 3210
authority may levy an additional amount not exceeding three (3) 3211
mills in the aggregate for the period beginning July 1, 1997, and 3212
ending June 30, 2003, subject to the limitation on increased 3213
receipts from ad valorem taxes prescribed in Sections 37-57-105 3214
and 37-57-107. 3215
(c) If the levying authority for any school district 3216
lawfully has decreased the millage levied for school district 3217
purposes, but subsequently determines that there is a need to 3218
increase the millage rate due to a disaster in which the Governor 3219
has declared a disaster emergency or the President of the United 3220
States has declared an emergency or major disaster, then the 3221
levying authority may increase the millage levied for school 3222
district purposes up to an amount that does not exceed the millage 3223
rate in any one (1) of the immediately preceding ten (10) fiscal 3224
years without any referendum that otherwise would be required 3225
under this subsection. 3226
(3) If the millage rate necessary to generate funds equal to 3227
the dollar amount requested by the school board is equal to 3228
fifty-five (55) mills or less, but the dollar amount requested by 3229
the school board exceeds the next preceding fiscal year's ad 3230
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valorem tax effort in dollars by more than four percent (4%), but 3231
not more than seven percent (7%) (as provided for under subsection 3232
(4) of this section), then the school board shall publish notice 3233
thereof at least five (5) days per week, unless the only newspaper 3234
published in the school district is published less than five (5) 3235
days per week, for at least three (3) consecutive weeks in a 3236
newspaper published in the school district. The notice shall be 3237
no less than one-fourth (1/4) page in size, and the type used 3238
shall be no smaller than eighteen (18) point and surrounded by a 3239
one-fourth-inch solid black border. The notice may not be placed 3240
in that portion of the newspaper where legal notices and 3241
classified advertisements appear. The first publication shall be 3242
made not less than fifteen (15) days before the final adoption of 3243
the budget by the school board. If no newspaper is published in 3244
the school district, then the notice shall be published in a 3245
newspaper having a general circulation in the school district. If 3246
at any time before the adoption of the budget a petition signed by 3247
not less than twenty percent (20%) or fifteen hundred (1500), 3248
whichever is less, of the registered, qualified electors of the 3249
school district is filed with the school board requesting that a 3250
referendum be called on the question of exceeding the next 3251
preceding fiscal year's ad valorem tax effort in dollars by more 3252
than four percent (4%), then the school board shall adopt, not 3253
later than the next regular meeting, a resolution calling a 3254
referendum to be held within the school district upon the 3255
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question. The referendum shall be called and held, and notice 3256
thereof shall be given, in the same manner provided for in 3257
subsection (2) of this section. The ballot shall contain the 3258
language "FOR THE SCHOOL TAX INCREASE OVER FOUR PERCENT (4%)" and 3259
"AGAINST THE SCHOOL TAX INCREASE OVER FOUR PERCENT (4%)." If a 3260
majority of the registered, qualified electors of the school 3261
district who vote in the referendum vote in favor of the question, 3262
then the increase requested by the school board shall be approved. 3263
For the purposes of this subsection, the revenue sources excluded 3264
from the increase limitation under Section 37-57-107 also shall be 3265
excluded from the limitation described in this subsection in the 3266
same manner as they are excluded under Section 37-57-107. 3267
Provided, however, that any increases requested by the school 3268
board as a result of the required local contribution to the total 3269
funding formula as required by Sections 37-151-200 through 3270
37-151-215, as certified to the local school district by the State 3271
Board of Education under Section 37-151-211, shall not be subject 3272
to the four percent (4%) and/or seven percent (7%) tax increase 3273
limitations provided in this section. 3274
(4) If the millage rate necessary to generate funds equal to 3275
the dollar amount requested by the school board is equal to 3276
fifty-five (55) mills or less, but the dollar amount requested by 3277
the school board exceeds the seven percent (7%) increase 3278
limitation provided for in Section 37-57-107, the school board may 3279
exceed the seven percent (7%) increase limitation only after the 3280
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school board has determined the need for additional revenues and 3281
three-fifths (3/5) of the registered, qualified electors voting in 3282
a referendum called by the levying authority have voted in favor 3283
of the increase. The notice and manner of holding the referendum 3284
shall be as prescribed in subsection (2) of this section for a 3285
referendum on the question of increasing the millage rate in 3286
school districts levying more than fifty-five (55) mills for 3287
school district purposes. 3288
(5) The aggregate receipts from ad valorem taxes levied for 3289
school district purposes pursuant to Sections 37-57-1 and 3290
37-57-105, excluding collection fees, additional revenue from the 3291
ad valorem tax on any newly constructed properties or any existing 3292
properties added to the tax rolls or any properties previously 3293
exempt which were not assessed in the next preceding year, and 3294
amounts received by school districts from the School Ad Valorem 3295
Tax Reduction Fund pursuant to Section 37-61-35, shall be subject 3296
to the increase limitation under this section and Section 3297
37-57-107. 3298
(6) The school board shall pay to the levying authority all 3299
costs that are incurred by the levying authority in the calling 3300
and holding of any election under this section. 3301
(7) The provisions of this section shall not be construed to 3302
affect in any manner the authority of school boards to levy 3303
millage for the following purposes: 3304
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(a) The issuance of bonds, notes and certificates of 3305
indebtedness, as authorized in Sections 37-59-1 through 37-59-45 3306
and Sections 37-59-101 through 37-59-115; 3307
(b) The lease of property for school purposes, as 3308
authorized under the Emergency School Leasing Authority Act of 3309
1986 (Sections 37-7-351 through 37-7-359); 3310
(c) The lease or lease-purchase of school buildings, as 3311
authorized under Section 37-7-301; 3312
(d) The issuance of promissory notes in the event of a 3313
shortfall of ad valorem taxes and/or revenue from local sources, 3314
as authorized under Section 27-39-333; and 3315
(e) The construction of school buildings outside the 3316
school district, as authorized under Section 37-7-401. 3317
Any millage levied for the purposes specified in this 3318
subsection shall be excluded from the millage limitations 3319
established under this section. 3320
SECTION 22. Section 37-57-105, Mississippi Code of 1972, is 3321
brought forward as follows: 3322
37-57-105. (1) In addition to the taxes levied under 3323
Section 37-57-1, the levying authority for the school district, as 3324
defined in Section 37-57-1, upon receipt of a certified copy of an 3325
order adopted by the school board of the school district 3326
requesting an ad valorem tax effort in dollars for the support of 3327
the school district and any charter schools located in the 3328
district, shall, at the same time and in the same manner as other 3329
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ad valorem taxes are levied, levy an annual ad valorem tax in the 3330
amount fixed in such order upon all of the taxable property of 3331
such school district, which shall not be less than the millage 3332
rate certified by the State Board of Education as the uniform 3333
minimum school district ad valorem tax levy required for the 3334
support of the total funding formula as required by Sections 3335
37-151-200 through 37-151-215 in such school district under 3336
Sections 37-57-1 and 37-151-211. However, any school district 3337
levying less than the uniform minimum school district ad valorem 3338
tax levy on July 1, 1997, shall only be required to increase its 3339
local district maintenance levy in four (4) mill annual increments 3340
in order to attain such millage requirements. In making such 3341
levy, the levying authority shall levy an additional amount 3342
sufficient to cover anticipated delinquencies and costs of 3343
collection so that the net amount of money to be produced by such 3344
levy shall be equal to the amount which is requested by the school 3345
board. The proceeds of such tax levy, excluding levies for the 3346
payment of the principal of and interest on school bonds or notes 3347
and excluding levies for costs of collection, shall be placed in 3348
the school depository to the credit of the school district and 3349
shall be expended in the manner provided by law for the purpose of 3350
supplementing teachers' salaries, extending school terms, 3351
purchasing furniture, supplies and materials, and for all other 3352
lawful operating and incidental expenses of such school district. 3353
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The monies authorized to be received by school districts from 3354
the School Ad Valorem Tax Reduction Fund pursuant to Section 3355
37-61-35 shall be included as ad valorem tax receipts. The 3356
levying authority for the school district, as defined in Section 3357
37-57-1, shall reduce the ad valorem tax levy for such school 3358
district in an amount equal to the amount distributed to such 3359
school district from the School Ad Valorem Tax Reduction Fund each 3360
calendar year pursuant to Section 37-61-35. Such reduction shall 3361
not be less than the millage rate necessary to generate a 3362
reduction in ad valorem tax receipts equal to the funds 3363
distributed to such school district from the School Ad Valorem Tax 3364
Reduction Fund pursuant to Section 37-61-35. The millage levy 3365
certified by the State Board of Education as the minimum tax levy 3366
shall be subject to the provisions of this paragraph. 3367
In any county where there is located a nuclear generating 3368
power plant on which a tax is assessed under Section 27-35-309(3), 3369
such required levy and revenue produced thereby may be reduced by 3370
the levying authority in an amount in proportion to a reduction in 3371
the base revenue of any such county from the previous year. Such 3372
reduction shall be allowed only if the reduction in base revenue 3373
equals or exceeds five percent (5%). "Base revenue" shall mean 3374
the revenue received by the county from the ad valorem tax levy 3375
plus the revenue received by the county from the tax assessed 3376
under Section 27-35-309(3) and authorized to be used for any 3377
purposes for which a county is authorized by law to levy an ad 3378
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valorem tax. For purposes of determining if the reduction equals 3379
or exceeds five percent (5%), a levy of millage equal to the prior 3380
year's millage shall be hypothetically applied to the current 3381
year's ad valorem tax base to determine the amount of revenue to 3382
be generated from the ad valorem tax levy. For the purposes of 3383
this section and Section 37-57-107, the portion of the base 3384
revenue used for the support of any school district shall be 3385
deemed to be the aggregate receipts from ad valorem taxes for the 3386
support of any school district. This paragraph shall apply to 3387
taxes levied for the 1987 fiscal year and for each fiscal year 3388
thereafter. If the Mississippi Supreme Court or another court 3389
finally adjudicates that the tax levied under Section 27-35-309(3) 3390
is unconstitutional, then this paragraph shall stand repealed. 3391
The State Department of Education shall calculate a local pro 3392
rata amount for the aggregate receipts of the tax levied in this 3393
section by dividing the aggregate receipts by the sum of the 3394
school district's net enrollment, as determined under Section 3395
37-151-211, and the net enrollment of any charter school students 3396
who reside in the district. 3397
(2) When the tax is levied upon the territory of any school 3398
district located in two (2) or more counties, the order of the 3399
school board requesting the levying of such tax shall be certified 3400
to the levying authority of each of the counties involved, and 3401
each of the levying authorities shall levy the tax in the manner 3402
specified herein. The taxes so levied shall be collected by the 3403
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tax collector of the levying authority involved and remitted by 3404
the tax collector to the school depository of the home county to 3405
the credit of the school district involved as provided above, 3406
except that taxes for collection fees may be retained by the 3407
levying authority for deposit into its general fund. 3408
(3) The aggregate receipts from ad valorem taxes levied for 3409
school district purposes, excluding collection fees, pursuant to 3410
this section and Section 37-57-1 shall be subject to the increased 3411
limitation under Section 37-57-107; however, if the ad valorem tax 3412
effort in dollars requested by the school district for the fiscal 3413
year exceeds the next preceding fiscal year's ad valorem tax 3414
effort in dollars by more than four percent (4%) but not more than 3415
seven percent (7%), then the school board shall publish notice 3416
thereof once each week for at least three (3) consecutive weeks in 3417
a newspaper having general circulation in the school district 3418
involved, with the first publication thereof to be made not less 3419
than fifteen (15) days prior to the final adoption of the budget 3420
by the school board. If at any time prior to the adoption a 3421
petition signed by not less than twenty percent (20%) or fifteen 3422
hundred (1500), whichever is less, of the qualified electors of 3423
the school district involved shall be filed with the school board 3424
requesting that an election be called on the question of exceeding 3425
the next preceding fiscal year's ad valorem tax effort in dollars 3426
by more than four percent (4%) but not more than seven percent 3427
(7%), then the school board shall, not later than the next regular 3428
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meeting, adopt a resolution calling an election to be held within 3429
such school district upon such question. The election shall be 3430
called and held, and notice thereof shall be given, in the same 3431
manner for elections upon the questions of the issuance of the 3432
bonds of school districts, and the results thereof shall be 3433
certified to the school board. The ballot shall contain the 3434
language "For the School Tax Increase Over Four Percent (4%)" and 3435
"Against the School Tax Increase Over Four Percent (4%)." If a 3436
majority of the qualified electors of the school district who 3437
voted in such election shall vote in favor of the question, then 3438
the stated increase requested by the school board shall be 3439
approved. For the purposes of this paragraph, the revenue sources 3440
excluded from the increased limitation under Section 37-57-107 3441
shall also be excluded from the limitation described herein in the 3442
same manner as they are excluded under Section 37-57-107. 3443
SECTION 23. Section 37-57-107, Mississippi Code of 1972, is 3444
brought forward as follows: 3445
37-57-107. (1) Beginning with the tax levy for the 1997 3446
fiscal year and for each fiscal year thereafter, the aggregate 3447
receipts from taxes levied for school district purposes pursuant 3448
to Sections 37-57-105 and 37-57-1 shall not exceed the aggregate 3449
receipts from those sources during any one (1) of the immediately 3450
preceding three (3) fiscal years, as determined by the school 3451
board, plus an increase not to exceed seven percent (7%). For the 3452
purpose of this limitation, the term "aggregate receipts" when 3453
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used in connection with the amount of funds generated in a 3454
preceding fiscal year shall not include excess receipts required 3455
by law to be deposited into a special account. However, the term 3456
"aggregate receipts" includes any receipts required by law to be 3457
paid to a charter school. The additional revenue from the ad 3458
valorem tax on any newly constructed properties or any existing 3459
properties added to the tax rolls or any properties previously 3460
exempt which were not assessed in the next preceding year may be 3461
excluded from the seven percent (7%) increase limitation set forth 3462
herein. Taxes levied for payment of principal of and interest on 3463
general obligation school bonds issued heretofore or hereafter 3464
shall be excluded from the seven percent (7%) increase limitation 3465
set forth herein. Any additional millage levied to fund any new 3466
program mandated by the Legislature shall be excluded from the 3467
limitation for the first year of the levy and included within such 3468
limitation in any year thereafter. For the purposes of this 3469
section, the term "new program" shall include, but shall not be 3470
limited to, (a) the Early Childhood Education Program, as provided 3471
by Section 37-21-7, and any additional millage levied and the 3472
revenue generated therefrom, which is excluded from the limitation 3473
for the first year of the levy, to support the mandated Early 3474
Childhood Education Program shall be specified on the minutes of 3475
the school board and of the governing body making such tax levy; 3476
(b) any additional millage levied and the revenue generated 3477
therefrom, which shall be excluded from the limitation for the 3478
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first year of the levy, for the purpose of generating additional 3479
local contribution funds required for the total funding formula as 3480
required by Sections 37-151-200 through 37-151-215; and (c) any 3481
additional millage levied and the revenue generated therefrom 3482
which shall be excluded from the limitation for the first year of 3483
the levy, for the purpose of support and maintenance of any 3484
agricultural high school which has been transferred to the 3485
control, operation and maintenance of the school board by the 3486
board of trustees of the community college district under 3487
provisions of Section 37-29-272. 3488
(2) The seven percent (7%) increase limitation prescribed in 3489
this section may be increased an additional amount only when the 3490
school board has determined the need for additional revenues and 3491
has held an election on the question of raising the limitation 3492
prescribed in this section. The limitation may be increased only 3493
if three-fifths (3/5) of those voting in the election shall vote 3494
for the proposed increase. The resolution, notice and manner of 3495
holding the election shall be as prescribed by law for the holding 3496
of elections for the issuance of bonds by the respective school 3497
boards. Revenues collected for the fiscal year in excess of the 3498
seven percent (7%) increase limitation pursuant to an election 3499
shall be included in the tax base for the purpose of determining 3500
aggregate receipts for which the seven percent (7%) increase 3501
limitation applies for subsequent fiscal years. 3502
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(3) Except as otherwise provided for excess revenues 3503
generated pursuant to an election, if revenues collected as the 3504
result of the taxes levied for the fiscal year pursuant to this 3505
section and Section 37-57-1 exceed the increase limitation, then 3506
it shall be the mandatory duty of the school board of the school 3507
district to deposit such excess receipts over and above the 3508
increase limitation into a special account and credit it to the 3509
fund for which the levy was made. It will be the further duty of 3510
such board to hold the funds and invest the same as authorized by 3511
law. Such excess funds shall be calculated in the budgets for the 3512
school districts for the purpose for which such levies were made, 3513
for the succeeding fiscal year. Taxes imposed for the succeeding 3514
year shall be reduced by the amount of excess funds available. 3515
Under no circumstances shall such excess funds be expended during 3516
the fiscal year in which such excess funds are collected. 3517
(4) For the purposes of determining ad valorem tax receipts 3518
for a preceding fiscal year under this section, the term "fiscal 3519
year" means the fiscal year beginning October 1 and ending 3520
September 30. 3521
(5) Beginning with the 2013-2014 school year, each school 3522
district in which a charter school is located shall pay to the 3523
charter school an amount for each student enrolled in the charter 3524
school equal to the ad valorem taxes levied per pupil for the 3525
support of the school district in which the charter school is 3526
located. The pro rata ad valorem taxes to be transferred to the 3527
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charter school must include all levies for the support of the 3528
school district under Sections 37-57-1 (local contribution to the 3529
total funding formula as required by Sections 37-151-200 through 3530
37-151-215) and 37-57-105 (school district operational levy) but 3531
may not include any taxes levied for the retirement of school 3532
district bonded indebtedness or short-term notes or any taxes 3533
levied for the support of vocational-technical education programs. 3534
Payments made pursuant to this subsection by a school district to 3535
a charter school must be made before the expiration of three (3) 3536
business days after the funds are distributed to the school 3537
district. 3538
SECTION 24. Section 37-61-33, Mississippi Code of 1972, is 3539
brought forward as follows: 3540
37-61-33. (1) There is created within the State Treasury a 3541
special fund to be designated the "Education Enhancement Fund" 3542
into which shall be deposited all the revenues collected pursuant 3543
to Sections 27-65-75(5), (7) and (8), 27-67-31(a) and (b) and 3544
Section 2 of this act. 3545
(2) Of the amount deposited into the Education Enhancement 3546
Fund, Sixteen Million Dollars ($16,000,000.00) shall be 3547
appropriated each fiscal year to the State Department of Education 3548
to be distributed to all school districts. Such money shall be 3549
distributed to all school districts in the proportion that the net 3550
enrollment of each school district bears to the net enrollment of 3551
all school districts within the state for the following purposes: 3552
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(a) Purchasing, erecting, repairing, equipping, 3553
remodeling and enlarging school buildings and related facilities, 3554
including gymnasiums, auditoriums, lunchrooms, vocational training 3555
buildings, libraries, teachers' homes, school barns, 3556
transportation vehicles (which shall include new and used 3557
transportation vehicles) and garages for transportation vehicles, 3558
and purchasing land therefor; 3559
(b) Establishing and equipping school athletic fields 3560
and necessary facilities connected therewith, and purchasing land 3561
therefor; 3562
(c) Providing necessary water, light, heating, 3563
air-conditioning and sewerage facilities for school buildings, and 3564
purchasing land therefor; 3565
(d) As a pledge to pay all or a portion of the debt 3566
service on debt issued by the school district under Sections 3567
37-59-1 through 37-59-45, 37-59-101 through 37-59-115, 37-7-351 3568
through 37-7-359, 37-41-89 through 37-41-99, 37-7-301, 37-7-302 3569
and 37-41-81, or debt issued by boards of supervisors for 3570
agricultural high schools pursuant to Section 37-27-65, if such 3571
pledge is accomplished pursuant to a written contract or 3572
resolution approved and spread upon the minutes of an official 3573
meeting of the district's school board or board of supervisors. 3574
The annual grant to such district in any subsequent year during 3575
the term of the resolution or contract shall not be reduced below 3576
an amount equal to the district's grant amount for the year in 3577
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which the contract or resolution was adopted. The intent of this 3578
provision is to allow school districts to irrevocably pledge a 3579
certain, constant stream of revenue as security for long-term 3580
obligations issued under the code sections enumerated in this 3581
paragraph or as otherwise allowed by law. It is the intent of the 3582
Legislature that the provisions of this paragraph shall be 3583
cumulative and supplemental to any existing funding programs or 3584
other authority conferred upon school districts or school boards. 3585
Debt of a district secured by a pledge of sales tax revenue 3586
pursuant to this paragraph shall not be subject to any debt 3587
limitation contained in the foregoing enumerated code sections; 3588
and 3589
(e) Any other purpose for which the total funding 3590
formula funds as determined by Sections 37-151-200 through 3591
37-151-215 are not sufficient. 3592
(3) The remainder of the money deposited into the Education 3593
Enhancement Fund shall be appropriated as follows: 3594
(a) To the State Department of Education as follows: 3595
(i) Sixteen and sixty-one one-hundredths percent 3596
(16.61%) to the cost of the total funding formula determined under 3597
Sections 37-151-200 through 37-151-215; of the funds generated by 3598
the percentage set forth in this section for the support of the 3599
adequate education program, one and one hundred seventy-eight 3600
one-thousandths percent (1.178%) of the funds shall be 3601
appropriated to be used by the State Department of Education for 3602
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the purchase of textbooks to be loaned under Sections 37-43-1 3603
through 37-43-59 to approved nonpublic schools, as described in 3604
Section 37-43-1. The funds to be distributed to each nonpublic 3605
school shall be in the proportion that the average daily 3606
attendance of each nonpublic school bears to the total average 3607
daily attendance of all nonpublic schools; 3608
(ii) Seven and ninety-seven one-hundredths percent 3609
(7.97%) to assist the funding of transportation operations and 3610
maintenance pursuant to Section 37-19-23; and 3611
(iii) Nine and sixty-one one-hundredths percent 3612
(9.61%) for classroom supplies, instructional materials and 3613
equipment, including computers and computer software, to be 3614
distributed to all eligible teachers within the state through the 3615
use of procurement cards or a digital solution capable of 3616
tracking, paying and reporting purchases. Classroom supply funds 3617
shall not be expended for administrative purposes. On a date to 3618
be determined by the State Department of Education, but not later 3619
than July 1 of each year, local school districts shall determine 3620
and submit to the State Department of Education the number of 3621
teachers eligible to receive an allocation for the current year. 3622
For purposes of this subparagraph, "teacher" means any employee of 3623
the school board of a school district, or the Mississippi School 3624
for the Arts, the Mississippi School for Math and Science, the 3625
Mississippi School for the Blind, the Mississippi School for the 3626
Deaf or public charter school, who is required by law to obtain a 3627
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teacher's license from the State Department of Education and who 3628
is assigned to an instructional area of work as defined by the 3629
department, and shall include any full- or part-time gifted or 3630
special education teacher. It is the intent of the Legislature 3631
that all classroom teachers shall utilize these funds in a manner 3632
that addresses individual classroom needs and supports the overall 3633
goals of the school regarding supplies, instructional materials, 3634
equipment, computers or computer software under the provisions of 3635
this subparagraph, including the type, quantity and quality of 3636
such supplies, materials and equipment. Classroom supply funds 3637
allocated under this subparagraph shall supplement, not replace, 3638
other local and state funds available for the same purposes. The 3639
State Board of Education shall develop and promulgate rules and 3640
regulations for the administration of this subparagraph consistent 3641
with the above criteria, with particular emphasis on allowing the 3642
individual teachers to expend funds as they deem appropriate. The 3643
local school board shall require each school to issue credentials 3644
for a digital solution selected by or procurement cards provided 3645
by the Department of Finance and Administration under the 3646
provisions of Section 31-7-9(1)(c) for the use of teachers and 3647
necessary support personnel in making instructional supply fund 3648
expenditures under this section, consistent with the regulations 3649
of the Mississippi Department of Finance and Administration 3650
pursuant to Section 31-7-9. Such credentials or procurement cards 3651
shall be provided by the State Department of Education to local 3652
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school districts on a date determined by the State Department of 3653
Education, but not later than August 1 of each year. Local school 3654
districts shall issue such credentials or procurement cards to 3655
classroom teachers at the beginning of the school year, but no 3656
later than August 1 of each year, and shall be issued in equal 3657
amounts per teacher determined by the total number of qualifying 3658
personnel and the current state appropriation for classroom 3659
supplies with the Education Enhancement Fund. After initial cards 3660
are issued under the timeline prescribed by this section, the 3661
State Department of Education may issue cards to districts for any 3662
classroom teacher hired after July 1 under a timeline prescribed 3663
by the State Department of Education. Such credentials or cards 3664
will expire on a predetermined date at the end of each school 3665
year, but not before April 1 of each year; 3666
(b) Twenty-two and nine one-hundredths percent (22.09%) 3667
to the Board of Trustees of State Institutions of Higher Learning 3668
for the purpose of supporting institutions of higher learning; and 3669
(c) Fourteen and forty-one one-hundredths percent 3670
(14.41%) to the Mississippi Community College Board for the 3671
purpose of providing support to community and junior colleges. 3672
(4) The amount remaining in the Education Enhancement Fund 3673
after funds are distributed as provided in subsections (2) and (3) 3674
of this section shall be appropriated for other educational needs. 3675
(5) None of the funds appropriated pursuant to subsection 3676
(3)(a) of this section shall be used to reduce the state's General 3677
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Fund appropriation for the categories listed in an amount below 3678
the following amounts: 3679
(a) For subsection (3)(a)(ii) of this section, 3680
Thirty-six Million Seven Hundred Thousand Dollars 3681
($36,700,000.00); 3682
(b) For the aggregate of minimum program allotments in 3683
the 1997 fiscal year, formerly provided for in Chapter 19, Title 3684
37, Mississippi Code of 1972, as amended, excluding those funds 3685
for transportation as provided for in paragraph (a) of this 3686
subsection. 3687
(6) Any funds appropriated from the Education Enhancement 3688
Fund that are unexpended at the end of a fiscal year shall lapse 3689
into the Education Enhancement Fund. 3690
SECTION 25. Section 7-7-211, Mississippi Code of 1972, is 3691
brought forward as follows: 3692
7-7-211. The department shall have the power and it shall be 3693
its duty: 3694
(a) To identify and define for all public offices of 3695
the state and its subdivisions generally accepted accounting 3696
principles or other accounting principles as promulgated by 3697
nationally recognized professional organizations and to consult 3698
with the State Fiscal Officer in the prescription and 3699
implementation of accounting rules and regulations; 3700
(b) To provide best practices, for all public offices 3701
of regional and local subdivisions of the state, systems of 3702
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accounting, budgeting and reporting financial facts relating to 3703
said offices in conformity with legal requirements and with 3704
generally accepted accounting principles or other accounting 3705
principles as promulgated by nationally recognized professional 3706
organizations; to assist such subdivisions in need of assistance 3707
in the installation of such systems; to revise such systems when 3708
deemed necessary, and to report to the Legislature at periodic 3709
times the extent to which each office is maintaining such systems, 3710
along with such recommendations to the Legislature for improvement 3711
as seem desirable; 3712
(c) To study and analyze existing managerial policies, 3713
methods, procedures, duties and services of the various state 3714
departments and institutions upon written request of the Governor, 3715
the Legislature or any committee or other body empowered by the 3716
Legislature to make such request to determine whether and where 3717
operations can be eliminated, combined, simplified and improved; 3718
(d) To postaudit each year and, when deemed necessary, 3719
preaudit and investigate the financial affairs of the departments, 3720
institutions, boards, commissions, or other agencies of state 3721
government, as part of the publication of a comprehensive annual 3722
financial report for the State of Mississippi, or as deemed 3723
necessary by the State Auditor. In complying with the 3724
requirements of this paragraph, the department shall have the 3725
authority to conduct all necessary audit procedures on an interim 3726
and year-end basis; 3727
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(e) To postaudit and, when deemed necessary, preaudit 3728
and investigate separately the financial affairs of (i) the 3729
offices, boards and commissions of county governments and any 3730
departments and institutions thereof and therein; (ii) public 3731
school districts, departments of education and junior college 3732
districts; and (iii) any other local offices or agencies which 3733
share revenues derived from taxes or fees imposed by the State 3734
Legislature or receive grants from revenues collected by 3735
governmental divisions of the state; the cost of such audits, 3736
investigations or other services to be paid as follows: Such part 3737
shall be paid by the state from appropriations made by the 3738
Legislature for the operation of the State Department of Audit as 3739
may exceed the sum of Thirty-five Dollars ($35.00) per man-hour 3740
for the services of each staff person engaged in performing the 3741
audit or other service plus the actual cost of any independent 3742
specialist firm contracted by the State Auditor to assist in the 3743
performance of the audit, which sum shall be paid by the county, 3744
district, department, institution or other agency audited out of 3745
its general fund or any other available funds from which such 3746
payment is not prohibited by law. Costs paid for independent 3747
specialists or firms contracted by the State Auditor shall be paid 3748
by the audited entity through the State Auditor to the specialist 3749
or firm conducting the postaudit. 3750
Each school district in the state shall have its financial 3751
records audited annually, at the end of each fiscal year, either 3752
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by the State Auditor or by a certified public accountant approved 3753
by the State Auditor. Beginning with the audits of fiscal year 3754
2010 activity, no certified public accountant shall be selected to 3755
perform the annual audit of a school district who has audited that 3756
district for three (3) or more consecutive years previously. 3757
Certified public accountants shall be selected in a manner 3758
determined by the State Auditor. The school district shall have 3759
the responsibility to pay for the audit, including the review by 3760
the State Auditor of audits performed by certified public 3761
accountants; 3762
(f) To postaudit and, when deemed necessary, preaudit 3763
and investigate the financial affairs of the levee boards; 3764
agencies created by the Legislature or by executive order of the 3765
Governor; profit or nonprofit business entities administering 3766
programs financed by funds flowing through the State Treasury or 3767
through any of the agencies of the state, or its subdivisions; and 3768
all other public bodies supported by funds derived in part or 3769
wholly from public funds, except municipalities which annually 3770
submit an audit prepared by a qualified certified public 3771
accountant using methods and procedures prescribed by the 3772
department; 3773
(g) To make written demand, when necessary, for the 3774
recovery of any amounts representing public funds improperly 3775
withheld, misappropriated and/or otherwise illegally expended by 3776
an officer, employee or administrative body of any state, county 3777
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or other public office, and/or for the recovery of the value of 3778
any public property disposed of in an unlawful manner by a public 3779
officer, employee or administrative body, such demands to be made 3780
(i) upon the person or persons liable for such amounts and upon 3781
the surety on official bond thereof, and/or (ii) upon any 3782
individual, partnership, corporation or association to whom the 3783
illegal expenditure was made or with whom the unlawful disposition 3784
of public property was made, if such individual, partnership, 3785
corporation or association knew or had reason to know through the 3786
exercising of reasonable diligence that the expenditure was 3787
illegal or the disposition unlawful. Such demand shall be 3788
premised on competent evidence, which shall include at least one 3789
(1) of the following: (i) sworn statements, (ii) written 3790
documentation, (iii) physical evidence, or (iv) reports and 3791
findings of government or other law enforcement agencies. Other 3792
provisions notwithstanding, a demand letter issued pursuant to 3793
this paragraph shall remain confidential by the State Auditor 3794
until the individual against whom the demand letter is being filed 3795
has been served with a copy of such demand letter. If, however, 3796
such individual cannot be notified within fifteen (15) days using 3797
reasonable means and due diligence, such notification shall be 3798
made to the individual's bonding company, if he or she is bonded. 3799
Each such demand shall be paid into the proper treasury of the 3800
state, county or other public body through the office of the 3801
department in the amount demanded within thirty (30) days from the 3802
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date thereof, together with interest thereon in the sum of one 3803
percent (1%) per month from the date such amount or amounts were 3804
improperly withheld, misappropriated and/or otherwise illegally 3805
expended. In the event, however, such person or persons or such 3806
surety shall refuse, neglect or otherwise fail to pay the amount 3807
demanded and the interest due thereon within the allotted thirty 3808
(30) days, the State Auditor shall have the authority and it shall 3809
be his duty to institute suit, and the Attorney General shall 3810
prosecute the same in any court of the state to the end that there 3811
shall be recovered the total of such amounts from the person or 3812
persons and surety on official bond named therein; and the amounts 3813
so recovered shall be paid into the proper treasury of the state, 3814
county or other public body through the State Auditor. In any 3815
case where written demand is issued to a surety on the official 3816
bond of such person or persons and the surety refuses, neglects or 3817
otherwise fails within one hundred twenty (120) days to either pay 3818
the amount demanded and the interest due thereon or to give the 3819
State Auditor a written response with specific reasons for 3820
nonpayment, then the surety shall be subject to a civil penalty in 3821
an amount of twelve percent (12%) of the bond, not to exceed Ten 3822
Thousand Dollars ($10,000.00), to be deposited into the State 3823
General Fund; 3824
(h) To investigate any alleged or suspected violation 3825
of the laws of the state by any officer or employee of the state, 3826
county or other public office in the purchase, sale or the use of 3827
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any supplies, services, equipment or other property belonging 3828
thereto; and in such investigation to do any and all things 3829
necessary to procure evidence sufficient either to prove or 3830
disprove the existence of such alleged or suspected violations. 3831
The Division of Investigation of the State Department of Audit may 3832
investigate, for the purpose of prosecution, any suspected 3833
criminal violation of the provisions of this chapter. For the 3834
purpose of administration and enforcement of this chapter, the 3835
enforcement employees of the Division of Investigation of the 3836
State Department of Audit have the powers of a law enforcement 3837
officer of this state, and shall be empowered to make arrests and 3838
to serve and execute search warrants and other valid legal process 3839
anywhere within the State of Mississippi. All enforcement 3840
employees of the Division of Investigation of the State Department 3841
of Audit hired on or after July 1, 1993, shall be required to 3842
complete the Law Enforcement Officers Training Program and shall 3843
meet the standards of the program; 3844
(i) To issue subpoenas, with the approval of, and 3845
returnable to, a judge of a chancery or circuit court, in termtime 3846
or in vacation, to examine the records, documents or other 3847
evidence of persons, firms, corporations or any other entities 3848
insofar as such records, documents or other evidence relate to 3849
dealings with any state, county or other public entity. The 3850
circuit or chancery judge must serve the county in which the 3851
records, documents or other evidence is located; or where all or 3852
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part of the transaction or transactions occurred which are the 3853
subject of the subpoena; 3854
(j) In any instances in which the State Auditor is or 3855
shall be authorized or required to examine or audit, whether 3856
preaudit or postaudit, any books, ledgers, accounts or other 3857
records of the affairs of any public hospital owned or owned and 3858
operated by one or more political subdivisions or parts thereof or 3859
any combination thereof, or any school district, including 3860
activity funds thereof, it shall be sufficient compliance 3861
therewith, in the discretion of the State Auditor, that such 3862
examination or audit be made from the report of any audit or other 3863
examination certified by a certified public accountant and 3864
prepared by or under the supervision of such certified public 3865
accountant. Such audits shall be made in accordance with 3866
generally accepted standards of auditing, with the use of an audit 3867
program prepared by the State Auditor, and final reports of such 3868
audits shall conform to the format prescribed by the State 3869
Auditor. All files, working papers, notes, correspondence and all 3870
other data compiled during the course of the audit shall be 3871
available, without cost, to the State Auditor for examination and 3872
abstracting during the normal business hours of any business day. 3873
The expense of such certified reports shall be borne by the 3874
respective hospital, or any available school district funds, 3875
subject to examination or audit. The State Auditor shall not be 3876
bound by such certified reports and may, in his or their 3877
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discretion, conduct such examination or audit from the books, 3878
ledgers, accounts or other records involved as may be appropriate 3879
and authorized by law; 3880
(k) The State Auditor shall have the authority to 3881
contract with qualified public accounting firms to perform 3882
selected audits required in paragraphs (d), (e), (f) and (j) of 3883
this section, if funds are made available for such contracts by 3884
the Legislature, or if funds are available from the governmental 3885
entity covered by paragraphs (d), (e), (f) and (j). Such audits 3886
shall be made in accordance with generally accepted standards of 3887
auditing. All files, working papers, notes, correspondence and 3888
all other data compiled during the course of the audit shall be 3889
available, without cost, to the State Auditor for examination and 3890
abstracting during the normal business hours of any business day; 3891
(l) The State Auditor shall have the authority to 3892
establish training courses and programs for the personnel of the 3893
various state and local governmental entities under the 3894
jurisdiction of the Office of the State Auditor. The training 3895
courses and programs shall include, but not be limited to, topics 3896
on internal control of funds, property and equipment control and 3897
inventory, governmental accounting and financial reporting, and 3898
internal auditing. The State Auditor is authorized to charge a 3899
fee from the participants of these courses and programs, which fee 3900
shall be deposited into the Department of Audit Special Fund. 3901
State and local governmental entities are authorized to pay such 3902
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fee and any travel expenses out of their general funds or any 3903
other available funds from which such payment is not prohibited by 3904
law; 3905
(m) Upon written request by the Governor or any member 3906
of the State Legislature, the State Auditor may audit any state 3907
funds and/or state and federal funds received by any nonprofit 3908
corporation incorporated under the laws of this state; 3909
(n) To conduct performance audits of personal or 3910
professional service contracts by state agencies on a random 3911
sampling basis, or upon request of the State Personal Service 3912
Contract Review Board under Section 25-9-120(3); 3913
(o) At the discretion of the State Auditor, the Auditor 3914
may conduct risk assessments, as well as performance and 3915
compliance audits based on Generally Accepted Government Auditing 3916
Standards (GAGAS) of any state-funded economic development program 3917
authorized under Title 57, Mississippi Code of 1972. After risk 3918
assessments or program audits, the State Auditor may conduct 3919
audits of those projects deemed high-risk, specifically as they 3920
identify any potential wrongdoing or noncompliance based on 3921
objectives of the economic development program. The Auditor is 3922
granted authority to gather, audit and review data and information 3923
from the Mississippi Development Authority or any of its agents, 3924
the Department of Revenue, and when necessary under this 3925
paragraph, the recipient business or businesses or any other 3926
private, public or nonprofit entity with information relevant to 3927
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the audit project. The maximum amount the State Auditor may bill 3928
the oversight agency under this paragraph in any fiscal year is 3929
One Hundred Thousand Dollars ($100,000.00), based on reasonable 3930
and necessary expenses; 3931
(p) To review and approve any independent auditor 3932
selected by the Mississippi Lottery Corporation in accordance with 3933
Section 27-115-89, to conduct an annual audit of the corporation; 3934
and 3935
(q) To conduct audits or investigations of the 3936
Mississippi Lottery Corporation if, in the opinion of the State 3937
Auditor, conditions justify such audits or investigations. 3938
SECTION 26. Section 19-9-157, Mississippi Code of 1972, is 3939
brought forward as follows: 3940
19-9-157. The board of supervisors of the situs county, upon 3941
receipt of the payments pursuant to Section 19-9-151 less the 3942
payment made according to Section 19-9-153, shall pay all such 3943
funds in excess of Five Million Five Hundred Thousand Dollars 3944
($5,500,000.00) to the governing authorities of the public school 3945
districts in such county in the proportion that the net enrollment 3946
for the preceding scholastic year of each school district bears to 3947
the total net enrollment of the county for the preceding 3948
scholastic year. Such funds may be expended only for the purposes 3949
of capital improvements to school facilities and only after plans 3950
therefor have been submitted to and approved by the State Board of 3951
Education. The governing authorities of such school districts may 3952
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borrow money in anticipation of receipt of payments pursuant to 3953
this section and the levying authority for the school district may 3954
issue negotiable notes therefor, for the purposes set forth 3955
herein. Such loan shall be repaid from the payments received 3956
under this section by the governing authorities of the public 3957
school district. However, no public school districts within the 3958
situs county shall be entitled to any payments after January 1, 3959
1990. 3960
SECTION 27. Section 19-9-171, Mississippi Code of 1972, is 3961
brought forward as follows: 3962
19-9-171. The revenue from ad valorem taxes for school 3963
district purposes that are levied upon liquefied natural gas 3964
terminals or improvements thereto constructed after July 1, 2007, 3965
crude oil refineries constructed after July 1, 2007, and 3966
expansions or improvements to existing crude oil refineries 3967
constructed after July 1, 2007, shall be distributed to all public 3968
school districts in the county in which the facilities are located 3969
in the proportion that the net enrollment of each school district 3970
bears to the total net enrollment of all school districts in the 3971
county. The county or municipal tax collector, as the case may 3972
be, shall pay such tax collections, except for taxes collected for 3973
the payment of the principal of and interest on school bonds or 3974
notes and except for taxes collected to defray collection costs, 3975
into the appropriate school depository and report to the school 3976
board of the appropriate school district at the same time and in 3977
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the same manner as the tax collector makes his or her payments and 3978
reports of other taxes collected by him or her. 3979
SECTION 28. Section 27-39-317, Mississippi Code of 1972, is 3980
brought forward as follows: 3981
27-39-317. The board of supervisors of each county shall, at 3982
its regular meeting in September of each year, levy the county ad 3983
valorem taxes for the fiscal year, and shall, by order, fix the 3984
tax rate, or levy, for the county, for the road districts, if any, 3985
and for the school districts, if any, and for any other taxing 3986
districts; and the rates, or levies, for the county and for any 3987
district shall be expressed in mills or a decimal fraction of a 3988
mill. Said tax rates, or levies, shall determine the ad valorem 3989
taxes to be collected upon each dollar of valuation, upon the 3990
assessment rolls of the county, including the assessment of motor 3991
vehicles as provided by the Motor Vehicle Ad Valorem Tax Law of 3992
1958, Section 27-51-1 et seq., for county taxes; and upon each 3993
dollar of valuation for the respective districts, as shown upon 3994
the assessment rolls of the county, including the assessment of 3995
motor vehicles as provided by the Motor Vehicle Ad Valorem Tax Law 3996
of 1958, Section 27-51-1 et seq.; except as to such values as 3997
shall be exempt, in whole or in part, from certain tax rates or 3998
levies. If the rate or levy for the county is an increase from 3999
the previous fiscal year, then the proposed rate or levy shall be 4000
advertised in accordance with Section 27-39-203. If the board of 4001
supervisors of any county shall not levy the county taxes and the 4002
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district taxes at its regular September meeting, the board shall 4003
levy the same on or before September 15 at an adjourned or special 4004
meeting, or thereafter, provided, however, that if such levy be 4005
not made on or before the fifteenth day of September then the tax 4006
collector or Department of Revenue may issue road and bridge 4007
privilege tax license plates for motor vehicles as defined in the 4008
Motor Vehicle Ad Valorem Tax Law of 1958, Section 27-51-1 et seq., 4009
without collecting or requiring proof of payment of county ad 4010
valorem taxes, and may continue to so issue such plates until such 4011
levy is duly certified to him, and for twenty-four (24) hours 4012
thereafter. 4013
Notwithstanding the requirements of this section, in the 4014
event the Department of Revenue orders the county to make an 4015
adjustment to the tax roll pursuant to Section 27-35-113, the 4016
county shall have a period of thirty (30) days from the date of 4017
the commission's final determination to adjust the millage in 4018
order to collect the same dollar amount of taxes as originally 4019
levied by the board. 4020
In making the levy of taxes, the board of supervisors shall 4021
specify, in its order, the levy for each purpose, as follows: 4022
(a) For general county purposes (current expense and 4023
maintenance taxes), as authorized by Section 27-39-303. 4024
(b) For roads and bridges, as authorized by Section 4025
27-39-305. 4026
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(c) For schools, including the total funding formula 4027
levy and the levy for each school district including special 4028
municipal separate school districts, but not including other 4029
municipal separate school districts, and for an agricultural high 4030
school, county high school or community or junior college (current 4031
expense and maintenance taxes), as authorized by Chapter 57, Title 4032
37, Mississippi Code of 1972, and any other applicable statute. 4033
The levy for schools shall apply to the assessed value of property 4034
in the respective school districts, including special municipal 4035
separate school districts, but not including other municipal 4036
separate school districts, and a distinct and separate levy shall 4037
be made for each school district, and the purpose for each levy 4038
shall be stated. 4039
(d) For road bonds and the interest thereon, separately 4040
for countywide bonds and for the bonds of each road district. 4041
(e) For school bonds and the interest thereon, 4042
separately for countywide bonds and for the bonds of each school 4043
district. 4044
(f) For countywide bonds, and the interest thereon, 4045
other than for road bonds and school bonds. 4046
(g) For loans, notes or any other obligation, and the 4047
interest thereon, if permitted by the law. 4048
(h) For any other purpose for which a levy is lawfully 4049
made. 4050
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The order shall state all of the purposes for which the 4051
general county levy is made, using the administrative items 4052
suggested by the State Department of Audit under the county budget 4053
law in its uniform system of accounts for counties, but the rate 4054
or levy for any item or purpose need not be shown; and if a 4055
countywide levy is made for any general or special purpose under 4056
the provisions of any law other than Section 27-39-303, each such 4057
levy shall be separately stated. 4058
During the month of February of each year, if the order or 4059
resolution of the board of trustees of any school district of said 4060
county or partly in said county, is filed with it requesting the 4061
levying of ad valorem taxes for the support and maintenance of 4062
such school district for the following fiscal year, then the board 4063
of supervisors of every such county in the state shall notify, in 4064
writing, within thirty (30) days, the county superintendent of 4065
education of such county, the levy or levies it intends to make 4066
for the support and maintenance of such school districts of such 4067
county at its regular meeting in September following, and the 4068
county superintendent of education and the trustees of all such 4069
school districts shall be authorized to use such expressed 4070
intention of the board of supervisors in computing the support and 4071
maintenance budget or budgets of such school district or districts 4072
for the ensuing fiscal school year. 4073
SECTION 29. Section 37-3-83, Mississippi Code of 1972, is 4074
brought forward as follows: 4075
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37-3-83. (1) There is established within the State 4076
Department of Education, using only existing staff and resources, 4077
a School Safety Grant Program, available to all eligible public 4078
school districts, to assist in financing programs to provide 4079
school safety. However, no monies from the Temporary Assistance 4080
for Needy Families grant may be used for the School Safety Grant 4081
Program. 4082
(2) The school board of each school district, with the 4083
assistance of the State Department of Education School Safety 4084
Center, shall adopt a comprehensive local school district school 4085
safety plan and shall update the plan on an annual basis. 4086
(3) Subject to the extent of appropriations available, the 4087
School Safety Grant Program shall offer any of the following 4088
specific preventive services, and other additional services 4089
appropriate to the most current school district school safety 4090
plan: 4091
(a) Metal detectors; 4092
(b) Video surveillance cameras, communications 4093
equipment and monitoring equipment for classrooms, school 4094
buildings, school grounds and school buses; 4095
(c) Crisis management/action teams responding to school 4096
violence; 4097
(d) Violence prevention training, conflict resolution 4098
training, behavioral stress training and other appropriate 4099
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training designated by the State Department of Education for 4100
faculty and staff; and 4101
(e) School safety personnel. 4102
(4) Each local school district of this state may annually 4103
apply for school safety grant funds subject to appropriations by 4104
the Legislature. School safety grants shall include a base grant 4105
amount plus an additional amount per student in net enrollment in 4106
the school or school district. The base grant amount and amount 4107
per student shall be determined by the State Board of Education, 4108
subject to specific appropriation therefor by the Legislature. In 4109
order to be eligible for such program, each local school board 4110
desiring to participate shall apply to the State Department of 4111
Education by May 31 before the beginning of the applicable fiscal 4112
year on forms provided by the department, and shall be required to 4113
establish a local School Safety Task Force to involve members of 4114
the community in the school safety effort. The State Department 4115
of Education shall determine by July 1 of each succeeding year 4116
which local school districts have submitted approved applications 4117
for school safety grants. 4118
(5) As part of the School Safety Grant Program, the State 4119
Department of Education may conduct a pilot program to research 4120
the feasibility of using video camera equipment in the classroom 4121
to address the following: 4122
(a) Determine if video cameras in the classroom reduce 4123
student disciplinary problems; 4124
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(b) Enable teachers to present clear and convincing 4125
evidence of a student's disruptive behavior to the student, the 4126
principal, the superintendent and the student's parents; and 4127
(c) Enable teachers to review teaching performance and 4128
receive diagnostic feedback for developmental purposes. 4129
(6) Any local school district may use 4130
audio/visual-monitoring equipment in classrooms, hallways, 4131
buildings, grounds and buses for the purpose of monitoring school 4132
disciplinary problems. 4133
(7) As a component of the comprehensive local school 4134
district school safety plan required under subsection (2) of this 4135
section, the school board of a school district may adopt and 4136
implement a policy addressing sexual abuse of children, to be 4137
known as "Erin's Law Awareness." Any policy adopted under this 4138
subsection may include or address, but need not be limited to, the 4139
following: 4140
(a) Methods for increasing teacher, student and 4141
parental awareness of issues regarding sexual abuse of children, 4142
including knowledge of likely warning signs indicating that a 4143
child may be a victim of sexual abuse; 4144
(b) Educational information for parents or guardians, 4145
which may be included in the school handbook, on the warning signs 4146
of a child being abused, along with any needed assistance, 4147
referral or resource information; 4148
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(c) Training for school personnel on child sexual 4149
abuse; 4150
(d) Age-appropriate curriculum for students in 4151
prekindergarten through fifth grade; 4152
(e) Actions that a child who is a victim of sexual 4153
abuse should take to obtain assistance and intervention; 4154
(f) Counseling and resources available for students 4155
affected by sexual abuse; and 4156
(g) Emotional and educational support for a child who 4157
has been abused to enable the child to be successful in school. 4158
(8) As part of the school safety grant program, the State 4159
Department of Education shall establish three (3) pilot programs 4160
in six (6) school districts utilizing an evidence-based curriculum 4161
to provide students in Grades K-5 with skills to manage stress and 4162
anxiety in order for them to be better equipped to handle 4163
challenges in a healthy way and build resiliency. The Mississippi 4164
Department of Mental Health shall be responsible for the selection 4165
of the content of the evidence-based curriculum. The results of 4166
this pilot program shall be measured and reported, and such 4167
results shall be used in consideration of the implementation of 4168
this curriculum statewide. 4169
(9) As a component of the comprehensive local school 4170
district safety plan required under subsection (2) of this 4171
section, beginning in the 2019-2020 school year, the State 4172
Department of Education shall require local school districts to 4173
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conduct, every two (2) years, refresher training on mental health 4174
and suicide prevention for all school employees and personnel, 4175
including all cafeteria workers, custodians, teachers and 4176
administrators. The Mississippi Department of Mental Health shall 4177
be responsible for the development and/or selection of the content 4178
of the training, which training shall be provided at no cost to 4179
school employees. School districts shall report completion of the 4180
training to the State Department of Education. 4181
SECTION 30. Section 37-15-38, Mississippi Code of 1972, is 4182
brought forward as follows: 4183
37-15-38. (1) The following phrases have the meanings 4184
ascribed in this section unless the context clearly requires 4185
otherwise: 4186
(a) A dual enrolled student is a student who is 4187
enrolled in a community or junior college or state institution of 4188
higher learning while enrolled in high school. 4189
(b) A dual credit student is a student who is enrolled 4190
in a community or junior college or state institution of higher 4191
learning while enrolled in high school and who is receiving high 4192
school and college credit for postsecondary coursework. 4193
(2) A local school board, the Board of Trustees of State 4194
Institutions of Higher Learning and the Mississippi Community 4195
College Board shall establish a dual enrollment system under which 4196
students in the school district who meet the prescribed criteria 4197
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of this section may be enrolled in a postsecondary institution in 4198
Mississippi while they are still in school. 4199
(3) Dual credit eligibility. Before credits earned by a 4200
qualified high school student from a community or junior college 4201
or state institution of higher learning may be transferred to the 4202
student's home school district, the student must be properly 4203
enrolled in a dual enrollment program. 4204
(4) Admission criteria for dual enrollment in community and 4205
junior college or university programs. The Mississippi Community 4206
College Board and the Board of Trustees of State Institutions of 4207
Higher Learning may recommend to the State Board of Education 4208
admission criteria for dual enrollment programs under which high 4209
school students may enroll at a community or junior college or 4210
university while they are still attending high school and enrolled 4211
in high school courses. Students may be admitted to enroll in 4212
community or junior college courses under the dual enrollment 4213
programs if they meet that individual institution's stated dual 4214
enrollment admission requirements. 4215
(5) Tuition and cost responsibility. Tuition and costs for 4216
university-level courses and community and junior college courses 4217
offered under a dual enrollment program may be paid for by the 4218
postsecondary institution, the local school district, the parents 4219
or legal guardians of the student, or by grants, foundations or 4220
other private or public sources. Payment for tuition and any 4221
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other costs must be made directly to the credit-granting 4222
institution. 4223
(6) Transportation responsibility. Any transportation 4224
required by a student to participate in the dual enrollment 4225
program is the responsibility of the parent, custodian or legal 4226
guardian of the student. Transportation costs may be paid from 4227
any available public or private sources, including the local 4228
school district. 4229
(7) School district net enrollment credit. When dually 4230
enrolled, the student may be counted, for total funding formula 4231
purposes, in the net enrollment of the public school district in 4232
which the student attends high school. 4233
(8) High school student transcript transfer requirements. 4234
Grades and college credits earned by a student admitted to a dual 4235
credit program must be recorded on the high school student record 4236
and on the college transcript at the university or community or 4237
junior college where the student attends classes. The transcript 4238
of the university or community or junior college coursework may be 4239
released to another institution or applied toward college 4240
graduation requirements. 4241
(9) Determining factor of prerequisites for dual enrollment 4242
courses. Each university and community or junior college 4243
participating in a dual enrollment program shall determine course 4244
prerequisites. Course prerequisites shall be the same for dual 4245
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enrolled students as for regularly enrolled students at that 4246
university or community or junior college. 4247
(10) Process for determining articulation of curriculum 4248
between high school, university, and community and junior college 4249
courses. All dual credit courses must meet the standards 4250
established at the postsecondary level. Postsecondary level 4251
developmental courses may not be considered as meeting the 4252
requirements of the dual credit program. Dual credit memorandum 4253
of understandings must be established between each postsecondary 4254
institution and the school district implementing a dual credit 4255
program. 4256
(11) [Deleted] 4257
(12) Eligible courses for dual credit programs. Courses 4258
eligible for dual credit include, but are not necessarily limited 4259
to, foreign languages, advanced math courses, advanced science 4260
courses, performing arts, advanced business and technology, and 4261
career and technical courses. Distance Learning Collaborative 4262
Program courses approved under Section 37-67-1 shall be fully 4263
eligible for dual credit. All courses being considered for dual 4264
credit must receive unconditional approval from the superintendent 4265
of the local school district and the chief instructional officer 4266
at the participating community or junior college or university in 4267
order for college credit to be awarded. A university or community 4268
or junior college shall make the final decision on what courses 4269
are eligible for semester hour credits. 4270
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(13) High school Carnegie unit equivalency. One (1) 4271
three-hour university or community or junior college course is 4272
equal to one (1) high school Carnegie unit. 4273
(14) Course alignment. The universities, community and 4274
junior colleges and the State Department of Education shall 4275
periodically review their respective policies and assess the place 4276
of dual credit courses within the context of their traditional 4277
offerings. 4278
(15) Maximum dual credits allowed. It is the intent of the 4279
dual enrollment program to make it possible for every eligible 4280
student who desires to earn a semester's worth of college credit 4281
in high school to do so. A qualified dually enrolled high school 4282
student must be allowed to earn an unlimited number of college or 4283
university credits for dual credit. 4284
(16) Dual credit program allowances. A student may be 4285
granted credit delivered through the following means: 4286
(a) Examination preparation taught at a high school by 4287
a qualified teacher. A student may receive credit at the 4288
secondary level after completion of an approved course and passing 4289
the standard examination, such as an Advanced Placement or 4290
International Baccalaureate course through which a high school 4291
student is allowed CLEP credit by making a three (3) or higher on 4292
the end-of-course examination. 4293
(b) College or university courses taught at a high 4294
school or designated postsecondary site by a qualified teacher who 4295
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is an employee of the school district and approved as an 4296
instructor by the collaborating college or university. 4297
(c) College or university courses taught at a college, 4298
university or high school by an instructor employed by the college 4299
or university and approved by the collaborating school district. 4300
(d) Online courses of any public university, community 4301
or junior college in Mississippi. 4302
(17) Qualifications of dual credit instructors. A dual 4303
credit academic instructor must meet the requirements set forth by 4304
the regional accrediting association (Southern Association of 4305
College and Schools). University and community and junior college 4306
personnel have the sole authority in the selection of dual credit 4307
instructors. 4308
A dual credit career and technical education instructor must 4309
meet the requirements set forth by the Mississippi Community 4310
College Board in the qualifications manual for postsecondary 4311
career and technical personnel. 4312
(18) Guidance on local agreements. The Chief Academic 4313
Officer of the State Board of Trustees of State Institutions of 4314
Higher Learning and the Chief Instructional Officers of the 4315
Mississippi Community College Board and the State Department of 4316
Education, working collaboratively, shall develop a template to be 4317
used by the individual community and junior colleges and 4318
institutions of higher learning for consistent implementation of 4319
the dual enrollment program throughout the State of Mississippi. 4320
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(19) Mississippi Works Dual Enrollment-Dual Credit Option. 4321
A local school board and the local community colleges board shall 4322
establish a Mississippi Works Dual Enrollment-Dual Credit Option 4323
Program under which potential or recent student dropouts may 4324
dually enroll in their home school and a local community college 4325
in a dual credit program consisting of high school completion 4326
coursework and a community college credential, certificate or 4327
degree program. Students completing the dual enrollment-credit 4328
option may obtain their high school diploma while obtaining a 4329
community college credential, certificate or degree. The 4330
Mississippi Department of Employment Security shall assist 4331
students who have successfully completed the Mississippi Works 4332
Dual Enrollment-Dual Credit Option in securing a job upon the 4333
application of the student or the participating school or 4334
community college. The Mississippi Works Dual Enrollment-Dual 4335
Credit Option Program will be implemented statewide in the 4336
2012-2013 school year and thereafter. The State Board of 4337
Education, local school board and the local community college 4338
board shall establish criteria for the Dual Enrollment-Dual Credit 4339
Program. Students enrolled in the program will not be eligible to 4340
participate in interscholastic sports or other extracurricular 4341
activities at the home school district. Tuition and costs for 4342
community college courses offered under the Dual Enrollment-Dual 4343
Credit Program shall not be charged to the student, parents or 4344
legal guardians. When dually enrolled, the student shall be 4345
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counted, for total funding formula purposes, in the net enrollment 4346
of the public school district in which the student attends high 4347
school. Any transportation required by the student to participate 4348
in the Dual Enrollment-Dual Credit Program is the responsibility 4349
of the parent or legal guardian of the student, and transportation 4350
costs may be paid from any available public or private sources, 4351
including the local school district. Grades and college credits 4352
earned by a student admitted to this Dual Enrollment-Dual Credit 4353
Program shall be recorded on the high school student record and on 4354
the college transcript at the community college and high school 4355
where the student attends classes. The transcript of the 4356
community college coursework may be released to another 4357
institution or applied toward college graduation requirements. 4358
Any course that is required for subject area testing as a 4359
requirement for graduation from a public school in Mississippi is 4360
eligible for dual credit, and courses eligible for dual credit 4361
shall also include career, technical and degree program courses. 4362
All courses eligible for dual credit shall be approved by the 4363
superintendent of the local school district and the chief 4364
instructional officer at the participating community college in 4365
order for college credit to be awarded. A community college shall 4366
make the final decision on what courses are eligible for semester 4367
hour credits and the local school superintendent, subject to 4368
approval by the Mississippi Department of Education, shall make 4369
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the final decision on the transfer of college courses credited to 4370
the student's high school transcript. 4371
SECTION 31. Section 37-16-3, Mississippi Code of 1972, is 4372
brought forward as follows: 4373
37-16-3. (1) The State Department of Education is directed 4374
to implement a program of statewide assessment testing which shall 4375
provide for the improvement of the operation and management of the 4376
public schools. The statewide program shall be timed, as far as 4377
possible, so as not to conflict with ongoing district assessment 4378
programs. As part of the program, the department shall: 4379
(a) Establish, with the approval of the State Board of 4380
Education, minimum performance standards related to the goals for 4381
education contained in the state's plan including, but not limited 4382
to, basic skills in reading, writing and mathematics. The minimum 4383
performance standards shall be approved by April 1 in each year 4384
they are established. 4385
(b) Conduct a uniform statewide testing program in 4386
grades deemed appropriate in the public schools, including charter 4387
schools, which shall include the administration of a 4388
career-readiness assessment, such as, but not limited to, the ACT 4389
WorkKeys Assessment, deemed appropriate by the Mississippi 4390
Department of Education working in coordination with the Office of 4391
Workforce Development, to any students electing to take the 4392
assessment. Each individual school district shall determine 4393
whether the assessment is administered in the tenth, eleventh or 4394
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twelfth grade. The program may test skill areas, basic skills and 4395
high school course content. 4396
(c) Monitor the results of the assessment program and, 4397
at any time the composite student performance of a school or basic 4398
program is found to be below the established minimum standards, 4399
notify the district superintendent or the governing board of the 4400
charter school, as the case may be, the school principal and the 4401
school advisory committee or other existing parent group of the 4402
situation within thirty (30) days of its determination. The 4403
department shall further provide technical assistance to a school 4404
district in the identification of the causes of this deficiency 4405
and shall recommend courses of action for its correction. 4406
(d) Provide technical assistance to the school 4407
districts, when requested, in the development of student 4408
performance standards in addition to the established minimum 4409
statewide standards. 4410
(e) Issue security procedure regulations providing for 4411
the security and integrity of the tests that are administered 4412
under the basic skills assessment program. 4413
(f) In case of an allegation of a testing irregularity 4414
that prompts a need for an investigation by the Department of 4415
Education, the department may, in its discretion, take complete 4416
control of the statewide test administration in a school district 4417
or any part thereof, including, but not limited to, obtaining 4418
control of the test booklets and answer documents. In the case of 4419
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any verified testing irregularity that jeopardized the security 4420
and integrity of the test(s), validity or the accuracy of the test 4421
results, the cost of the investigation and any other actual and 4422
necessary costs related to the investigation paid by the 4423
Department of Education shall be reimbursed by the local school 4424
district from funds other than federal funds, total funding 4425
formula funds provided in Sections 37-151-200 through 37-151-215, 4426
or any other state funds within six (6) months from the date of 4427
notice by the department to the school district to make 4428
reimbursement to the department. 4429
(2) Uniform basic skills tests shall be completed by each 4430
student in the appropriate grade. These tests shall be 4431
administered in such a manner as to preserve the integrity and 4432
validity of the assessment. In the event of excused or unexcused 4433
student absences, make-up tests shall be given. The school 4434
superintendent of every school district in the state and the 4435
principal of each charter school shall annually certify to the 4436
State Department of Education that each student enrolled in the 4437
appropriate grade has completed the required basic skills 4438
assessment test for his or her grade in a valid test 4439
administration. 4440
(3) Within five (5) days of completing the administration of 4441
a statewide test, the principal of the school where the test was 4442
administered shall certify under oath to the State Department of 4443
Education that the statewide test was administered in strict 4444
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accordance with the Requirements of the Mississippi Statewide 4445
Assessment System as adopted by the State Board of Education. The 4446
principal's sworn certification shall be set forth on a form 4447
developed and approved by the Department of Education. If, 4448
following the administration of a statewide test, the principal 4449
has reason to believe that the test was not administered in strict 4450
accordance with the Requirements of the Mississippi Statewide 4451
Assessment System as adopted by the State Board of Education, the 4452
principal shall submit a sworn certification to the Department of 4453
Education setting forth all information known or believed by the 4454
principal about all potential violations of the Requirements of 4455
the Mississippi Statewide Assessment System as adopted by the 4456
State Board of Education. The submission of false information or 4457
false certification to the Department of Education by any licensed 4458
educator may result in licensure disciplinary action pursuant to 4459
Section 37-3-2 and criminal prosecution pursuant to Section 4460
37-16-4. 4461
SECTION 32. Section 37-17-6, Mississippi Code of 1972, is 4462
brought forward as follows: 4463
37-17-6. (1) The State Board of Education, acting through 4464
the Commission on School Accreditation, shall establish and 4465
implement a permanent performance-based accreditation system, and 4466
all noncharter public elementary and secondary schools shall be 4467
accredited under this system. 4468
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(2) School districts shall be required to provide school 4469
classroom space that is air-conditioned as a minimum requirement 4470
for accreditation. 4471
(3) (a) The State Board of Education, acting through the 4472
Commission on School Accreditation, shall require that school 4473
districts employ certified school librarians according to the 4474
following formula: 4475
Number of Students Number of Certified 4476
Per School Library School Librarians 4477
0 - 499 Students 1/2 Full-time Equivalent 4478
Certified Librarian 4479
500 or More Students 1 Full-time Certified 4480
Librarian 4481
(b) The State Board of Education, however, may increase 4482
the number of positions beyond the above requirements. 4483
(c) The assignment of certified school librarians to 4484
the particular schools shall be at the discretion of the local 4485
school district. No individual shall be employed as a certified 4486
school librarian without appropriate training and certification as 4487
a school librarian by the State Department of Education. 4488
(d) School librarians in the district shall spend at 4489
least fifty percent (50%) of direct work time in a school library 4490
and shall devote no more than one-fourth (1/4) of the workday to 4491
administrative activities that are library related. 4492
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(e) Nothing in this subsection shall prohibit any 4493
school district from employing more certified school librarians 4494
than are provided for in this section. 4495
(f) Any additional millage levied to fund school 4496
librarians required for accreditation under this subsection shall 4497
be included in the tax increase limitation set forth in Sections 4498
37-57-105 and 37-57-107 and shall not be deemed a new program for 4499
purposes of the limitation. 4500
(4) [Deleted] 4501
(5) (a) The State Department of Education, acting through 4502
the Mississippi Commission on School Accreditation, shall 4503
implement a single "A" through "F" school and school district 4504
accountability system complying with applicable federal and state 4505
requirements in order to reach the following educational goals: 4506
(i) To mobilize resources and supplies to ensure 4507
that all students exit third grade reading on grade level; 4508
(ii) To reduce the student dropout rate to ten 4509
percent (10%) by 2015; and 4510
(iii) To have sixty percent (60%) of students 4511
scoring proficient and advanced on assessments. 4512
(b) The State Department of Education shall combine the 4513
state school and school district accountability system with the 4514
federal system in order to have a single system. 4515
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(c) The State Department of Education shall establish 4516
five (5) performance categories ("A," "B," "C," "D" and "F") for 4517
the accountability system based on the following criteria: 4518
(i) Student Achievement: the percent of students 4519
proficient and advanced on the current state assessments; 4520
(ii) Individual student growth: the percent of 4521
students making one (1) year's progress in one (1) year's time on 4522
the state assessment, with an emphasis on the progress of the 4523
lowest twenty-five percent (25%) of students in the school or 4524
district; 4525
(iii) Four-year graduation rate: the percent of 4526
students graduating with a standard high school diploma in four 4527
(4) years, as defined by federal regulations; 4528
(iv) The system shall include the federally 4529
compliant four-year graduation rate in school and school district 4530
accountability system calculations. Graduation rate will apply to 4531
high school and school district accountability ratings as a 4532
compensatory component. The system shall discontinue the use of 4533
the High School Completer Index (HSCI); 4534
(v) The school and school district accountability 4535
system shall incorporate a standards-based growth model, in order 4536
to support improvement of individual student learning; 4537
(vi) The State Department of Education shall 4538
determine feeder patterns of schools that do not earn a school 4539
grade because the grades and subjects taught at the school do not 4540
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have statewide standardized assessments needed to calculate a 4541
school grade. Upon determination of the feeder pattern, the 4542
department shall notify schools and school districts prior to the 4543
release of the school grades. Feeder schools will be assigned the 4544
accountability designation of the school to which they provide 4545
students; 4546
(vii) Standards for student, school and school 4547
district performance will be increased when student proficiency is 4548
at a seventy-five percent (75%) and/or when sixty-five percent 4549
(65%) of the schools and/or school districts are earning a grade 4550
of "B" or higher, in order to raise the standard on performance 4551
after targets are met; and 4552
(viii) The system shall include student 4553
performance on the administration of a career-readiness 4554
assessment, such as, but not limited to, the ACT WorkKeys 4555
Assessment, deemed appropriate by the State Department of 4556
Education working in coordination with the Office of Workforce 4557
Development. 4558
(6) Nothing in this section shall be deemed to require a 4559
nonpublic school that receives no local, state or federal funds 4560
for support to become accredited by the State Board of Education. 4561
(7) The State Board of Education shall create an 4562
accreditation audit unit under the Commission on School 4563
Accreditation to determine whether schools are complying with 4564
accreditation standards. 4565
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(8) The State Board of Education shall be specifically 4566
authorized and empowered to withhold allocations from the total 4567
funding formula funds as provided in Sections 37-151-200 through 4568
37-151-215 to any public school district for failure to timely 4569
report student, school personnel and fiscal data necessary to meet 4570
state and/or federal requirements. 4571
(9) [Deleted] 4572
(10) The State Board of Education shall establish, for those 4573
school districts failing to meet accreditation standards, a 4574
program of development to be complied with in order to receive 4575
state funds, except as otherwise provided in subsection (15) of 4576
this section when the Governor has declared a state of emergency 4577
in a school district or as otherwise provided in Section 206, 4578
Mississippi Constitution of 1890. The state board, in 4579
establishing these standards, shall provide for notice to schools 4580
and sufficient time and aid to enable schools to attempt to meet 4581
these standards, unless procedures under subsection (15) of this 4582
section have been invoked. 4583
(11) The State Board of Education shall be charged with the 4584
implementation of the program of development in each applicable 4585
school district as follows: 4586
(a) Develop an impairment report for each district 4587
failing to meet accreditation standards in conjunction with school 4588
district officials; 4589
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(b) Notify any applicable school district failing to 4590
meet accreditation standards that it is on probation until 4591
corrective actions are taken or until the deficiencies have been 4592
removed. The local school district shall develop a corrective 4593
action plan to improve its deficiencies. For district academic 4594
deficiencies, the corrective action plan for each such school 4595
district shall be based upon a complete analysis of the following: 4596
student test data, student grades, student attendance reports, 4597
student dropout data, existence and other relevant data. The 4598
corrective action plan shall describe the specific measures to be 4599
taken by the particular school district and school to improve: 4600
(i) instruction; (ii) curriculum; (iii) professional development; 4601
(iv) personnel and classroom organization; (v) student incentives 4602
for performance; (vi) process deficiencies; and (vii) reporting to 4603
the local school board, parents and the community. The corrective 4604
action plan shall describe the specific individuals responsible 4605
for implementing each component of the recommendation and how each 4606
will be evaluated. All corrective action plans shall be provided 4607
to the State Board of Education as may be required. The decision 4608
of the State Board of Education establishing the probationary 4609
period of time shall be final; 4610
(c) Offer, during the probationary period, technical 4611
assistance to the school district in making corrective actions. 4612
Subject to appropriations, the State Department of Education shall 4613
provide technical and/or financial assistance to all such school 4614
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districts in order to implement each measure identified in that 4615
district's corrective action plan through professional development 4616
and on-site assistance. Each such school district shall apply for 4617
and utilize all available federal funding in order to support its 4618
corrective action plan in addition to state funds made available 4619
under this paragraph; 4620
(d) Assign department personnel or contract, in its 4621
discretion, with the institutions of higher learning or other 4622
appropriate private entities with experience in the academic, 4623
finance and other operational functions of schools to assist 4624
school districts; 4625
(e) Provide for publication of public notice at least 4626
one time during the probationary period, in a newspaper published 4627
within the jurisdiction of the school district failing to meet 4628
accreditation standards, or if no newspaper is published therein, 4629
then in a newspaper having a general circulation therein. The 4630
publication shall include the following: declaration of school 4631
system's status as being on probation; all details relating to the 4632
impairment report; and other information as the State Board of 4633
Education deems appropriate. Public notices issued under this 4634
section shall be subject to Section 13-3-31 and not contrary to 4635
other laws regarding newspaper publication. 4636
(12) (a) If the recommendations for corrective action are 4637
not taken by the local school district or if the deficiencies are 4638
not removed by the end of the probationary period, the Commission 4639
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on School Accreditation shall conduct a hearing to allow the 4640
affected school district to present evidence or other reasons why 4641
its accreditation should not be withdrawn. Additionally, if the 4642
local school district violates accreditation standards that have 4643
been determined by the policies and procedures of the State Board 4644
of Education to be a basis for withdrawal of school district's 4645
accreditation without a probationary period, the Commission on 4646
School Accreditation shall conduct a hearing to allow the affected 4647
school district to present evidence or other reasons why its 4648
accreditation should not be withdrawn. After its consideration of 4649
the results of the hearing, the Commission on School Accreditation 4650
shall be authorized, with the approval of the State Board of 4651
Education, to withdraw the accreditation of a public school 4652
district, and issue a request to the Governor that a state of 4653
emergency be declared in that district. 4654
(b) (i) If the State Board of Education and the 4655
Commission on School Accreditation determine that an extreme 4656
emergency situation exists in a school district that jeopardizes 4657
the safety, security or educational interests of the children 4658
enrolled in the schools in that district and that emergency 4659
situation is believed to be related to a serious violation or 4660
violations of accreditation standards or state or federal law, the 4661
State Board of Education may request the Governor to declare a 4662
state of emergency in that school district. For purposes of this 4663
paragraph, the declarations of a state of emergency district's 4664
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impairments are related to a lack of financial may include the 4665
school district's serious failure to meet minimum academic 4666
standards, as evidenced by a continued pattern of poor student 4667
performance, or impairments related to a lack of financial 4668
resources. 4669
(ii) If the State Board of Education determines 4670
that a public school or district in the state which, during each 4671
of two (2) consecutive school years or during two (2) of three (3) 4672
consecutive school years, receives an "F" designation by the State 4673
Board of Education under the accountability rating system or has 4674
been persistently failing as defined by the State Board of 4675
Education; or if the State Board of Education determines that a 4676
public school or district in the state which, during each of four 4677
(4) consecutive school years, receives a "D" or "F" designation by 4678
the State Board of Education under the accountability rating 4679
system or has been persistently failing as defined by the State 4680
Board of Education; or if more than fifty percent (50%) of the 4681
schools within a school district are designated as Schools-At-Risk 4682
in any one (1) year, then the board may place such school or 4683
district into a District of Transformation. The State Board of 4684
Education shall take over only the number of schools and districts 4685
for which it has the capacity to serve. The State Board of 4686
Education shall adopt rules and regulations governing any 4687
additional requirements for placement into a District of 4688
Transformation and the operation thereof. School districts or 4689
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schools that are eligible to be placed into a District of 4690
Transformation due to poor academic performance but are not 4691
absorbed due to the capacity of the State Board of Education, 4692
shall develop and implement a district improvement plan with 4693
prescriptive guidance and support from the Mississippi Department 4694
of Education, with the goal of helping the district improve 4695
student achievement. Failure of the school board, superintendent 4696
and school district staff to implement the plan with fidelity and 4697
participate in the activities provided as support by the 4698
department shall result in the school district retaining its 4699
eligibility for placement into a District of Transformation. 4700
(iii) If the State Board of Education determined 4701
that a school district is impaired with a serious lack of 4702
financial resources, the State Board of Education may place the 4703
school district into a District of Transformation. If a school 4704
district is placed into a District of Transformation for financial 4705
reasons, the school district shall be required to reimburse the 4706
state for any costs incurred by the state on behalf of the school 4707
district. 4708
(c) Whenever the Governor declares a state of emergency 4709
in a school district in response to a request made under paragraph 4710
(a) or (b) of this subsection, or when the State Board of 4711
Education places a school district into a District of 4712
Transformation due to poor academic performance or financial 4713
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reasons, the State Board of Education may take one or more of the 4714
following actions: 4715
(i) Declare a state of emergency, under which some 4716
or all of state funds can be escrowed except as otherwise provided 4717
in Section 206, Constitution of 1890, until the board determines 4718
corrective actions are being taken or the deficiencies have been 4719
removed, or that the needs of students warrant the release of 4720
funds. The funds may be released from escrow for any program 4721
which the board determines to have been restored to standard even 4722
though the state of emergency may not as yet be terminated for the 4723
district as a whole; 4724
(ii) Override any decision of the local school 4725
board or superintendent of education, or both, concerning the 4726
management and operation of the school district, or initiate and 4727
make decisions concerning the management and operation of the 4728
school district; 4729
(iii) Assign an interim superintendent, or in its 4730
discretion, contract with a private entity with experience in the 4731
academic, finance and other operational functions of schools and 4732
school districts, who will have those powers and duties prescribed 4733
in subsection (15) of this section; 4734
(iv) Grant transfers to students who attend this 4735
school district so that they may attend other accredited schools 4736
or districts in a manner that is not in violation of state or 4737
federal law; 4738
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(v) For states of emergency declared under 4739
paragraph (a) only, if the accreditation deficiencies are related 4740
to the fact that the school district is too small, with too few 4741
resources, to meet the required standards and if another school 4742
district is willing to accept those students, abolish that 4743
district and assign that territory to another school district or 4744
districts. If the school district has proposed a voluntary 4745
consolidation with another school district or districts, then if 4746
the State Board of Education finds that it is in the best interest 4747
of the pupils of the district for the consolidation to proceed, 4748
the voluntary consolidation shall have priority over any such 4749
assignment of territory by the State Board of Education; 4750
(vi) For actions taken pursuant to paragraph (b) 4751
only, reduce local supplements paid to school district employees, 4752
including, but not limited to, instructional personnel, assistant 4753
teachers and extracurricular activities personnel, if the 4754
district's impairment is related to a lack of financial resources, 4755
but only to an extent that will result in the salaries being 4756
comparable to districts similarly situated, as determined by the 4757
State Board of Education; 4758
(vii) For actions taken pursuant to paragraph (b) 4759
only, the State Board of Education may take any action as 4760
prescribed in Section 37-17-13. 4761
(d) At the time that satisfactory corrective action has 4762
been taken in a school district in which a state of emergency has 4763
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been declared, the State Board of Education may request the 4764
Governor to declare that the state of emergency no longer exists 4765
in the district. 4766
(e) The parent or legal guardian of a school-age child 4767
who is enrolled in a school district whose accreditation has been 4768
withdrawn by the Commission on School Accreditation and without 4769
approval of that school district may file a petition in writing to 4770
a school district accredited by the Commission on School 4771
Accreditation for a legal transfer. The school district 4772
accredited by the Commission on School Accreditation may grant the 4773
transfer according to the procedures of Section 37-15-31(1)(b). 4774
In the event the accreditation of the student's home district is 4775
restored after a transfer has been approved, the student may 4776
continue to attend the transferee school district. The per pupil 4777
amount of the total funding formula allotment for the student's 4778
home school district shall be transferred monthly to the school 4779
district accredited by the Commission on School Accreditation that 4780
has granted the transfer of the school-age child. 4781
(f) Upon the declaration of a state of emergency for 4782
any school district in which the Governor has previously declared 4783
a state of emergency, the State Board of Education may either: 4784
(i) Place the school district into district 4785
transformation, in which the school district shall remain until it 4786
has fulfilled all conditions related to district transformation. 4787
If the district was assigned an accreditation rating of "D" or "F" 4788
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when placed into district transformation, the district shall be 4789
eligible to return to local control when the school district has 4790
attained a "C" rating or higher for three (3) consecutive years; 4791
(ii) Abolish the school district and 4792
administratively consolidate the school district with one or more 4793
existing school districts; 4794
(iii) Reduce the size of the district and 4795
administratively consolidate parts of the district, as determined 4796
by the State Board of Education. However, no school district 4797
which is not in district transformation shall be required to 4798
accept additional territory over the objection of the district; or 4799
(iv) Require the school district to develop and 4800
implement a district improvement plan with prescriptive guidance 4801
and support from the State Department of Education, with the goal 4802
of helping the district improve student achievement. Failure of 4803
the school board, superintendent and school district staff to 4804
implement the plan with fidelity and participate in the activities 4805
provided as support by the department shall result in the school 4806
district retaining its eligibility for district transformation. 4807
(13) Upon the declaration of a state of emergency in a 4808
school district under subsection (12) of this section, or upon the 4809
State Board of Education's placement of a school district into a 4810
District of Transformation for academic or financial reasons, the 4811
Commission on School Accreditation shall be responsible for public 4812
notice at least once a week for at least three (3) consecutive 4813
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weeks in a newspaper published within the jurisdiction of the 4814
school district failing to meet accreditation standards, or if no 4815
newspaper is published therein, then in a newspaper having a 4816
general circulation therein. The size of the notice shall be no 4817
smaller than one-fourth (1/4) of a standard newspaper page and 4818
shall be printed in bold print. If an interim superintendent has 4819
been appointed for the school district, the notice shall begin as 4820
follows: "By authority of Section 37-17-6, Mississippi Code of 4821
1972, as amended, adopted by the Mississippi Legislature during 4822
the 1991 Regular Session, this school district (name of school 4823
district) is hereby placed under the jurisdiction of the State 4824
Department of Education acting through its appointed interim 4825
superintendent (name of interim superintendent)." 4826
The notice also shall include, in the discretion of the State 4827
Board of Education, any or all details relating to the school 4828
district's emergency status, including the declaration of a state 4829
of emergency in the school district and a description of the 4830
district's impairment deficiencies, conditions of any district 4831
transformation status and corrective actions recommended and being 4832
taken. Public notices issued under this section shall be subject 4833
to Section 13-3-31 and not contrary to other laws regarding 4834
newspaper publication. 4835
Upon termination of a school district in a District of 4836
Transformation, the Commission on School Accreditation shall cause 4837
notice to be published in the school district in the same manner 4838
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provided in this section, to include any or all details relating 4839
to the corrective action taken in the school district that 4840
resulted in the termination of the state of emergency. 4841
(14) The State Board of Education or the Commission on 4842
School Accreditation shall have the authority to require school 4843
districts to produce the necessary reports, correspondence, 4844
financial statements, and any other documents and information 4845
necessary to fulfill the requirements of this section. 4846
Nothing in this section shall be construed to grant any 4847
individual, corporation, board or interim superintendent the 4848
authority to levy taxes except in accordance with presently 4849
existing statutory provisions. 4850
(15) (a) Whenever the Governor declares a state of 4851
emergency in a school district in response to a request made under 4852
subsection (12) of this section, or when the State Board of 4853
Education places a school district into a District of 4854
Transformation for academic or financial reasons, the State Board 4855
of Education, in its discretion, may assign an interim 4856
superintendent to the school district, or in its discretion, may 4857
contract with an appropriate private entity with experience in the 4858
academic, finance and other operational functions of schools and 4859
school districts, who will be responsible for the administration, 4860
management and operation of the school district, including, but 4861
not limited to, the following activities: 4862
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(i) Approving or disapproving all financial 4863
obligations of the district, including, but not limited to, the 4864
employment, termination, nonrenewal and reassignment of all 4865
licensed and nonlicensed personnel, contractual agreements and 4866
purchase orders, and approving or disapproving all claim dockets 4867
and the issuance of checks; in approving or disapproving 4868
employment contracts of superintendents, assistant superintendents 4869
or principals, the interim superintendent shall not be required to 4870
comply with the time limitations prescribed in Sections 37-9-15 4871
and 37-9-105; 4872
(ii) Supervising the day-to-day activities of the 4873
district's staff, including reassigning the duties and 4874
responsibilities of personnel in a manner which, in the 4875
determination of the interim superintendent, will best suit the 4876
needs of the district; 4877
(iii) Reviewing the district's total financial 4878
obligations and operations and making recommendations to the 4879
district for cost savings, including, but not limited to, 4880
reassigning the duties and responsibilities of staff; 4881
(iv) Attending all meetings of the district's 4882
school board and administrative staff; 4883
(v) Approving or disapproving all athletic, band 4884
and other extracurricular activities and any matters related to 4885
those activities; 4886
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(vi) Maintaining a detailed account of 4887
recommendations made to the district and actions taken in response 4888
to those recommendations; 4889
(vii) Reporting periodically to the State Board of 4890
Education on the progress or lack of progress being made in the 4891
district to improve the district's impairments during the state of 4892
emergency; and 4893
(viii) Appointing a parent advisory committee, 4894
comprised of parents of students in the school district that may 4895
make recommendations to the interim superintendent concerning the 4896
administration, management and operation of the school district. 4897
The cost of the salary of the interim superintendent and any 4898
other actual and necessary costs related to district 4899
transformation status paid by the State Department of Education 4900
shall be reimbursed by the local school district from funds other 4901
than total funding formula funds as provided in Sections 4902
37-151-200 through 37-151-215. In the alternative, the local 4903
school district may pay the cost of the salary of the interim 4904
superintendent. The department shall submit an itemized statement 4905
to the superintendent of the local school district for 4906
reimbursement purposes, and any unpaid balance may be withheld 4907
from the district's funding formula funds. 4908
At the time that the Governor, in accordance with the request 4909
of the State Board of Education, declares that the state of 4910
emergency no longer exists in a school district, the interim 4911
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superintendent assigned to the district shall remain in place for 4912
a period of two (2) years and shall work alongside the newly 4913
reconstituted school board. A new superintendent may be hired by 4914
the newly reconstituted board after the one (1) year state of 4915
emergency no longer exists, but he or she shall serve as deputy to 4916
the interim superintendent while the interim superintendent is 4917
assigned to the district. 4918
(b) In order to provide loans to school districts under 4919
a state of emergency or in district transformation status that 4920
have impairments related to a lack of financial resources, the 4921
School District Emergency Assistance Fund is created as a special 4922
fund in the State Treasury into which monies may be transferred or 4923
appropriated by the Legislature from any available public 4924
education funds. Funds in the School District Emergency 4925
Assistance Fund up to a maximum balance of Three Million Dollars 4926
($3,000,000.00) annually shall not lapse but shall be available 4927
for expenditure in subsequent years subject to approval of the 4928
State Board of Education. Any amount in the fund in excess of 4929
Three Million Dollars ($3,000,000.00) at the end of the fiscal 4930
year shall lapse into the State General Fund or the Education 4931
Enhancement Fund, depending on the source of the fund. 4932
The State Board of Education may loan monies from the School 4933
District Emergency Assistance Fund to a school district that is 4934
under a state of emergency or in district transformation status, 4935
in those amounts, as determined by the board, that are necessary 4936
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to correct the district's impairments related to a lack of 4937
financial resources. The loans shall be evidenced by an agreement 4938
between the school district and the State Board of Education and 4939
shall be repayable in principal, without necessity of interest, to 4940
the School District Emergency Assistance Fund by the school 4941
district from any allowable funds that are available. The total 4942
amount loaned to the district shall be due and payable within five 4943
(5) years after the impairments related to a lack of financial 4944
resources are corrected. If a school district fails to make 4945
payments on the loan in accordance with the terms of the agreement 4946
between the district and the State Board of Education, the State 4947
Department of Education, in accordance with rules and regulations 4948
established by the State Board of Education, may withhold that 4949
district's total funding formula funds in an amount and manner 4950
that will effectuate repayment consistent with the terms of the 4951
agreement; the funds withheld by the department shall be deposited 4952
into the School District Emergency Assistance Fund. 4953
The State Board of Education shall develop a protocol that 4954
will outline the performance standards and requisite timeline 4955
deemed necessary for extreme emergency measures. If the State 4956
Board of Education determines that an extreme emergency exists, 4957
simultaneous with the powers exercised in this subsection, it 4958
shall take immediate action against all parties responsible for 4959
the affected school districts having been determined to be in an 4960
extreme emergency. The action shall include, but not be limited 4961
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to, initiating civil actions to recover funds and criminal actions 4962
to account for criminal activity. Any funds recovered by the 4963
State Auditor or the State Board of Education from the surety 4964
bonds of school officials or from any civil action brought under 4965
this subsection shall be applied toward the repayment of any loan 4966
made to a school district hereunder. 4967
(16) [Deleted] 4968
(17) [Deleted] 4969
(18) The State Board of Education, acting through the 4970
Commission on School Accreditation, shall require each school 4971
district to comply with standards established by the State 4972
Department of Audit for the verification of fixed assets and the 4973
auditing of fixed assets records as a minimum requirement for 4974
accreditation. 4975
(19) [Deleted] 4976
(20) [Deleted] 4977
(21) If a local school district is determined as failing and 4978
placed into district transformation status for reasons authorized 4979
by the provisions of this section, the interim superintendent 4980
appointed to the district shall, within forty-five (45) days after 4981
being appointed, present a detailed and structured corrective 4982
action plan to move the local school district out of district 4983
transformation status to the deputy superintendent. A copy of the 4984
interim superintendent's corrective action plan shall also be 4985
filed with the State Board of Education. 4986
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SECTION 33. Section 37-22-5, Mississippi Code of 1972, is 4987
brought forward as follows: 4988
37-22-5. There is created an Emergency Fund Loss Assistance 4989
Program to provide temporary grants to eligible school districts. 4990
The purpose of the program shall be to provide relief to school 4991
districts suffering losses of financial assistance under federal 4992
programs, such as the IMPACT Program, designed to serve the 4993
educational needs of children of government employees and Choctaw 4994
Indian children. Any school district which has sustained losses 4995
in direct payments from the federal government for the purpose of 4996
educating the children of federal government employees and Choctaw 4997
Indian children living on United States government owned 4998
reservation land shall be entitled to an Emergency Fund Loss 4999
Assistance Grant, in the amount of the reduction of the grant 5000
funds received from the federal government from prior years. This 5001
grant shall be limited to losses resulting from reductions in the 5002
level of federal funding allocated to school districts from prior 5003
years and not from reductions resulting from a loss of students 5004
served by the school districts. Losses incurred prior to July 1, 5005
1987, shall not be considered for purposes of determining the 5006
amount of the grant. There is hereby established an Emergency 5007
Fund Loss Assistance Fund in the State Treasury which shall be 5008
used to distribute the emergency grants to school districts. 5009
Expenditures from this fund shall not exceed One Million Dollars 5010
($1,000,000.00) in any fiscal year. If the total of all grant 5011
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entitlements from local school districts exceeds such sum, then 5012
the grants to the school districts shall be prorated accordingly. 5013
SECTION 34. Section 37-28-55, Mississippi Code of 1972, is 5014
brought forward as follows: 5015
37-28-55. (1) (a) The State Department of Education shall 5016
make payments to charter schools for each student in net 5017
enrollment at the charter school, as determined under Section 5018
37-151-207, equal to the state share of total funding formula 5019
payments for each student, as determined under Section 37-151-211. 5020
(b) Payments made pursuant to this subsection by the 5021
State Department of Education must be made at the same time and in 5022
the same manner as total funding formula payments are made to 5023
school districts under Sections 37-151-101 and 37-151-103. 5024
Amounts payable to a charter school must be determined by the 5025
State Department of Education pursuant to this section and the 5026
total funding formula. Enrollment projections made under Section 5027
37-151-207 to determine the net enrollment of a charter school for 5028
calculating the state share payment must be reconciled with a 5029
charter school's net enrollment using months two (2) and three (3) 5030
for the year for which total funding formula funds are being 5031
appropriated, and any necessary adjustments must be made to 5032
payments during the school's following year of operation. Any 5033
necessary adjustment must be based on the state share of the per 5034
pupil amount in effect for the year for which net membership did 5035
not meet enrollment projections and not any new amount 5036
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appropriated for the year in which the adjustment will be made. 5037
If a charter school is closed by the authorizer before the 5038
following year, it must pay to the state any amounts due before 5039
completion of the closure. 5040
(2) (a) For students attending a charter school located in 5041
the school district in which the student resides, the school 5042
district in which the charter school is located shall pay directly 5043
to the charter school an amount as follows: the sum of the local 5044
pro rata amount, as calculated by the State Department of 5045
Education in accordance with Section 37-151-211(2)(b) (local 5046
contribution), and the local pro rata amount, as calculated by the 5047
State Department of Education in accordance with Section 37-57-105 5048
(school district operational levy), multiplied by the number of 5049
resident students enrolled in the charter school, based on the 5050
charter school's months two (2) and three (3) net enrollment of 5051
resident students for the current school year. However, the 5052
amount to the charter school may not include any taxes levied for 5053
the retirement of the local school district's bonded indebtedness 5054
or short-term notes or any taxes levied for the support of 5055
vocational-technical education programs. 5056
(b) The amount must be paid by the school district to 5057
the charter school before January 16 of the current fiscal year. 5058
If the local school district does not pay the required amount to 5059
the charter school before January 16, the State Department of 5060
Education shall reduce the local school district's January 5061
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transfer of total funding formula funds by the amount owed to the 5062
charter school and shall redirect that amount to the charter 5063
school. Any such payments made under this paragraph by the State 5064
Department of Education to a charter school must be made at the 5065
same time and in the same manner as total funding formula payments 5066
are made to school districts under Sections 37-151-101 and 5067
37-151-103. 5068
(3) (a) For students attending a charter school located in 5069
a school district in which the student does not reside, the State 5070
Department of Education shall pay to the charter school in which 5071
the students are enrolled an amount as follows: the sum of the 5072
local pro rata amount, as calculated by the State Department of 5073
Education in accordance with Section 37-151-211(2)(b) (local 5074
contribution), and the local pro rata amount, as calculated by the 5075
State Department of Education in accordance with Section 37-57-105 5076
(school district operational levy), multiplied by the number of 5077
students enrolled in the charter school but residing in that 5078
district, based on the charter school's months two (2) and three 5079
(3) net enrollment of these students for the current school year. 5080
However, the amount to the charter school may not include any 5081
taxes levied for the retirement of the local school district's 5082
bonded indebtedness or short-term notes or any taxes levied for 5083
the support of vocational-technical education programs. 5084
(b) The State Department of Education shall reduce the 5085
school district's January transfer of total funding formula funds 5086
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by the amount owed to the charter school and shall redirect that 5087
amount to the charter school. Any such payments made under this 5088
subsection (3) by the State Department of Education to a charter 5089
school must be made at the same time and in the same manner as 5090
total funding formula payments are made to school districts under 5091
Sections 37-151-101 and 37-151-103. 5092
(4) (a) The State Department of Education shall direct the 5093
proportionate share of monies generated under federal programs, 5094
including, but not limited to, special education, vocational, 5095
English Language Learner, and other programs, to charter schools 5096
serving students eligible for such funding. The department shall 5097
ensure that charter schools with rapidly expanding enrollments are 5098
treated equitably in the calculation and disbursement of all 5099
federal program dollars. Each charter school that serves students 5100
who may be eligible to receive services provided through such 5101
programs shall comply with all reporting requirements to receive 5102
the aid. 5103
(b) A charter school shall pay to a local school 5104
district any federal or state aid attributable to a student with a 5105
disability attending the charter school in proportion to the level 5106
of services for that student which the local school district 5107
provides directly or indirectly. 5108
(c) Subject to the approval of the authorizer, a 5109
charter school and a local school district may negotiate and enter 5110
into a contract for the provision of and payment for special 5111
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education services, including, but not necessarily limited to, a 5112
reasonable reserve not to exceed five percent (5%) of the local 5113
school district's total budget for providing special education 5114
services. The reserve may be used by the local school district 5115
only to offset excess costs of providing services to students with 5116
disabilities enrolled in the charter school. 5117
(5) (a) The State Department of Education shall disburse 5118
state transportation funding to a charter school on the same basis 5119
and in the same manner as it is paid to school districts. 5120
(b) A charter school may enter into a contract with a 5121
school district or private provider to provide transportation to 5122
the school's students. 5123
(6) The State Department of Education shall disburse 5124
Education Enhancement Funds for classroom supplies, instructional 5125
materials and equipment, including computers and computer software 5126
to all eligible charter school teachers on the same basis and in 5127
the same manner as it is paid to school districts under Section 5128
37-61-33(3)(a)(iii) for the purpose of issuing procurement cards 5129
or credentials for a digital solution to eligible teachers. 5130
SECTION 35. Section 37-61-3, Mississippi Code of 1972, is 5131
brought forward as follows: 5132
37-61-3. The total funding formula allotments to the public 5133
school districts and the funds derived from the supplemental 5134
school district tax levies authorized by law shall be used 5135
exclusively for the support, maintenance and operation of the 5136
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schools in the manner provided by law for the fiscal years for 5137
which such funds were appropriated, collected or otherwise made 5138
available, and no part of said funds or allotments shall be used 5139
in paying any expenses incurred during any preceding fiscal year. 5140
However, this shall not be construed to prohibit the payment of 5141
expenses incurred during the fiscal year after the close of such 5142
fiscal year from amounts remaining on hand at the end of such 5143
fiscal year, provided that such expenses were properly payable 5144
from such amounts. Moreover, this shall not be construed to 5145
prohibit the payment of the salaries of superintendents, 5146
principals and teachers and other school employees whose salaries 5147
are payable in twelve (12) monthly installments after the close of 5148
the fiscal year from amounts on hand for such purpose at the end 5149
of the fiscal year. 5150
SECTION 36. Section 37-61-5, Mississippi Code of 1972, is 5151
brought forward as follows: 5152
37-61-5. If in any year there should remain a balance in the 5153
total funding formula funds of any school district on June 30 5154
which amount is not to be used or is not needed in the payment of 5155
expenses for the preceding fiscal year properly payable out of 5156
such total funding formula funds, then such balance on hand to the 5157
credit of such funds of the school district shall be carried 5158
forward as a part of such total funding formula funds for the next 5159
succeeding fiscal year. The proper pro rata part of the amount so 5160
carried forward, to be determined by the percentage which the 5161
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state total funding formula funds during the year bore to the 5162
entire amount of the school district's total funding formula 5163
funds, shall be charged against and deducted from the amount which 5164
the school district is allotted from state total funding formula 5165
funds for the succeeding fiscal year, in a manner prescribed by 5166
the State Auditor. The remainder of the amount so carried forward 5167
may be deducted from the amount which the school district is 5168
required to produce as its local minimum ad valorem tax effort for 5169
the support of the total funding formula for the succeeding fiscal 5170
year. 5171
SECTION 37. Section 37-61-7, Mississippi Code of 1972, is 5172
brought forward as follows: 5173
37-61-7. If at the end of any fiscal year there should 5174
remain a balance in the school district fund of any school 5175
district which is not needed and is not to be used for paying the 5176
expenses properly payable out of such district fund for the 5177
preceding fiscal year, such balance shall be carried forward as a 5178
part of the school district fund for the next fiscal year and used 5179
and expended in the manner otherwise provided by law. Nothing in 5180
this section shall be construed as applying to balances of total 5181
funding formula funds of a school district, and balances remaining 5182
in such funds shall be governed by Section 37-61-5. 5183
SECTION 38. Section 37-61-35, Mississippi Code of 1972, is 5184
brought forward as follows: 5185
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37-61-35. There is hereby created a special fund in the 5186
State Treasury to be designated School Ad Valorem Tax Reduction 5187
Fund into which proceeds collected pursuant to Sections 5188
27-65-75(7) and 27-67-31(a) shall be deposited. Beginning with 5189
the 1994 state fiscal year, the entire amount of monies in such 5190
special fund shall be appropriated annually to the State 5191
Department of Education which shall distribute the appropriated 5192
amount to the various school districts in the proportion that the 5193
net enrollment of each school district bears to the net enrollment 5194
of all school districts within the state. On or before June 1 of 5195
each year, the State Department of Education shall notify each 5196
school district of the amount to which such district is entitled 5197
pursuant to this section. 5198
SECTION 39. Section 37-61-37, Mississippi Code of 1972, is 5199
brought forward as follows: 5200
37-61-37. There is established in the State Treasury a fund 5201
known as the "Mississippi Public Education Support Fund" 5202
(hereinafter referred to as "fund"). The fund shall consist of 5203
monies as the Legislature may authorize or direct to be deposited 5204
into the fund. Monies in the fund, upon appropriation by the 5205
Legislature, may be expended by the State Department of Education 5206
for classroom supplies, instructional materials and equipment, 5207
including computers and computer software, to be distributed to 5208
all school districts in the proportion that the net enrollment of 5209
each school district bears to the net enrollment of all school 5210
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districts within the state. Unexpended amounts remaining in the 5211
fund at the end of the fiscal year shall not lapse into the State 5212
General Fund, and any interest earned or investment earnings on 5213
amounts in the fund shall be deposited to the credit of the fund. 5214
SECTION 40. Section 37-151-81, Mississippi Code of 1972, is 5215
brought forward as follows: 5216
37-151-81. (1) For each student with a disability who is 5217
being educated by a public school district or is placed in accord 5218
with Section 37-23-77, and whose individualized educational 5219
program (IEP) requires an extended school year in accord with the 5220
State Department of Education criteria, a sufficient amount of 5221
funds shall be allocated for the purpose of providing the 5222
educational services the student requires. The State Board of 5223
Education shall promulgate such regulations as are required to 5224
ensure the equitable distribution of these funds. All costs for 5225
the extended school year for a particular summer shall be 5226
reimbursed from funds appropriated for the fiscal year beginning 5227
July 1 of that summer. If sufficient funds are not made available 5228
to finance all of the required educational services, the State 5229
Department of Education shall expend available funds in such a 5230
manner that it does not limit the availability of appropriate 5231
education to students with disabilities more severely than it does 5232
to students without disabilities. 5233
(2) The State Department of Education is hereby authorized 5234
to match the total funding formula funds provided in Sections 5235
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37-151-200 through 37-151-215 and other funds allocated for 5236
provision of services to students with disabilities with Division 5237
of Medicaid funds to provide language-speech services, physical 5238
therapy and occupational therapy to students with disabilities who 5239
meet State Department of Education or Division of Medicaid 5240
standards and who are Medicaid eligible. Provided further, that 5241
the State Department of Education is authorized to pay such funds 5242
as may be required as a match directly to the Division of Medicaid 5243
pursuant to an agreement to be developed between the State 5244
Department of Education and the Division of Medicaid. 5245
(3) When any children who are residents of the State of 5246
Mississippi and qualify under the provisions of Section 37-23-31 5247
shall be provided a program of education, instruction and training 5248
within a school under the provisions of said section, the State 5249
Department of Education shall allocate funds equivalent to the 5250
full base student cost and all qualifying weighted adjustments as 5251
prescribed in Section 37-151-205. The university or college shall 5252
be eligible for state and federal funds for such programs on the 5253
same basis as local school districts. The university or college 5254
shall be responsible for providing for the additional costs of the 5255
program. 5256
(4) A school district may provide a program of education and 5257
instruction to children ages five (5) years through twenty-one 5258
(21) years, who are resident citizens of the State of Mississippi, 5259
who cannot have their educational needs met in a regular public 5260
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school program and who have not finished or graduated from high 5261
school, if those children are determined by competent medical 5262
authorities and psychologists to need placement in a state 5263
licensed facility for inpatient treatment, day treatment or 5264
residential treatment or a therapeutic group home. Such program 5265
shall operate under rules, regulations, policies and standards of 5266
school districts as determined by the State Board of Education. 5267
If a private school approved by the State Board of Education is 5268
operated as an integral part of the state licensed facility that 5269
provides for the treatment of such children, the private school 5270
within the facility may provide a program of education, 5271
instruction and training to such children by requesting the State 5272
Department of Education to allocate funds equivalent to the full 5273
base student cost and all qualifying weighted adjustments as 5274
prescribed in Section 37-151-205 for each student placed in such 5275
facility for each approved class. The facility shall be 5276
responsible for providing any additional costs of the program. 5277
SECTION 41. Section 37-151-85, Mississippi Code of 1972, is 5278
brought forward as follows: 5279
37-151-85. (1) Using those funds appropriated by the 5280
Legislature for transportation purposes, the amount to be allotted 5281
by the State Board of Education for transportation shall be 5282
determined as follows: 5283
The State Department of Education shall calculate the cost of 5284
transportation in school districts by ascertaining the average 5285
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cost per pupil in net enrollment of transported pupils in school 5286
districts classified in different density groups, as determined by 5287
the State Department of Education. Based on these calculations, 5288
the State Department of Education shall develop a scale for 5289
determining the allowable cost per pupil in different density 5290
groups, which scale shall provide greatest allowance per pupil 5291
transported in school districts with lowest densities and smallest 5292
allowance per pupil in school districts with highest densities. 5293
The total allowance under this section for transported children 5294
for any school district for the current year shall be the net 5295
enrollment of the transported children for months two (2) and 5296
three (3) of the prior year, multiplied by the allowance per 5297
transported pupil as provided herein. However, the State 5298
Department of Education is authorized and empowered to make proper 5299
adjustments in allotments, under rules and regulations of the 5300
State Board of Education, in cases where major changes in the 5301
number of children in net enrollment transported occur from one 5302
(1) year to another as a result of changes or alterations in the 5303
boundaries of school districts, a change in or relocation of 5304
attendance centers, or for other reasons which would result in 5305
major decrease or increase in the number of children in net 5306
enrollment transported during the current school year as compared 5307
with the preceding year. Moreover, the State Board of Education 5308
is hereby authorized and empowered to make such payments to all 5309
districts and/or university-based programs as deemed necessary in 5310
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connection with transporting exceptional children as defined in 5311
Section 37-23-3. The State Board of Education shall establish and 5312
implement all necessary rules and regulations to allot 5313
transportation payments to university-based programs. In 5314
developing density classifications under the provisions hereof, 5315
the State Department of Education may give consideration to the 5316
length of the route, the sparsity of the population, the lack of 5317
adequate roads, highways and bridges, and the presence of large 5318
streams or other geographic obstacles. In addition to funds 5319
allotted under the above provisions, funds shall be allotted to 5320
each school district that transports students from their assigned 5321
school or attendance center to classes in an approved 5322
vocational-technical center at a rate per mile not to exceed the 5323
average statewide cost per mile of school bus transportation 5324
during the preceding year exclusive of bus replacement. All such 5325
transportation must have prior approval by the State Department of 5326
Education. 5327
(2) The net enrollment of transported children shall be 5328
reported by the school district in which such children attend 5329
school. If children living in a school district are transported 5330
at the expense of such school district to another school district, 5331
the net enrollment of such transported children shall be deducted 5332
by the State Department of Education from the aggregate net 5333
enrollment of transported children in the school district in which 5334
they attend school and shall be added to the aggregate net 5335
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enrollment of transported children of the school district from 5336
which they come for the purpose of calculating transportation 5337
allotments. However, such deduction shall not be made for the 5338
purpose of calculating total funding formula funding. 5339
(3) The State Department of Education shall include in the 5340
allowance for transportation for each school district an amount 5341
for the replacement of school buses or the purchase of new buses, 5342
which amount shall be calculated upon the estimated useful life of 5343
all school buses being used for the transportation of children in 5344
such school district, whether such buses be publicly or privately 5345
owned. 5346
(4) The school boards of all districts operating school bus 5347
transportation are authorized and directed to establish a salary 5348
schedule for school bus drivers. No school district shall be 5349
entitled to receive the funds herein allotted for transportation 5350
unless it pays each of its nonstudent adult school bus drivers 5351
paid from such transportation allotments a minimum of One Hundred 5352
Ninety Dollars ($190.00) per month. In addition, local school 5353
boards may compensate school bus drivers, to include temporary or 5354
substitute bus drivers, for actual expenses incurred when 5355
acquiring an initial commercial license or any renewal of a 5356
commercial license in order to drive a school bus. In addition, 5357
local school boards may compensate school bus drivers, to include 5358
temporary or substitute bus drivers, for expenses, not to exceed 5359
One Hundred Dollars ($100.00), when acquiring an initial medical 5360
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exam or any renewal of a medical exam, in order to qualify for a 5361
commercial driver's license. 5362
(5) The State Board of Education shall be authorized and 5363
empowered to use such part of the funds appropriated for 5364
transportation as may be necessary to finance driver training 5365
courses as provided for in Section 37-41-1. 5366
(6) The State Board of Education, acting through the 5367
Department of Education, may compensate school bus drivers, to 5368
include temporary or substitute bus drivers, who are providing 5369
driving services to the various state operated schools, such as 5370
the Mississippi School for the Deaf, the Mississippi School for 5371
the Blind, the Mississippi School of the Arts, the Mississippi 5372
School for Math and Science and any other similar state operated 5373
schools, for actual expenses incurred when acquiring an initial 5374
commercial license or any renewal of a commercial license in order 5375
to drive a school bus, to include the expense, not to exceed One 5376
Hundred Dollars ($100.00), of acquiring an initial medical exam or 5377
any renewal of a medical exam in order to qualify for a commercial 5378
driver's license. 5379
SECTION 42. Section 37-151-95, Mississippi Code of 1972, is 5380
brought forward as follows: 5381
37-151-95. Total funding formula funds shall cover one 5382
hundred percent (100%) of the cost of the State and School 5383
Employees' Life and Health Insurance Plan created under Article 7, 5384
Chapter 15, Title 25, Mississippi Code of 1972, for all district 5385
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employees who work no less than twenty (20) hours during each week 5386
and regular nonstudent school bus drivers employed by the 5387
district. 5388
Where the use of federal funding is allowable to defray, in 5389
full or in part, the cost of participation in the insurance plan 5390
by district employees who work no less than twenty (20) hours 5391
during each week and regular nonstudent school bus drivers, whose 5392
salaries are paid, in full or in part, by federal funds, the use 5393
of total funding formula funds as required under this section 5394
shall be reduced to the extent of the federal funding. Where the 5395
use of federal funds is allowable but not available, it is the 5396
intent of the Legislature that school districts contribute the 5397
cost of participation for such employees from local funds, except 5398
that parent fees for child nutrition programs shall not be 5399
increased to cover such cost. 5400
The State Department of Education, in accordance with rules 5401
and regulations established by the State Board of Education, may 5402
withhold a school district's total funding formula funds for 5403
failure of the district to timely report student, fiscal and 5404
personnel data necessary to meet state and/or federal 5405
requirements. The rules and regulations promulgated by the State 5406
Board of Education shall require the withholding of total funding 5407
formula funds for those districts that fail to remit premiums, 5408
interest penalties and/or late charges under the State and School 5409
Employees' Life and Health Insurance Plan. Noncompliance with 5410
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such rules and regulations shall result in a violation of 5411
compulsory accreditation standards as established by the State 5412
Board of Education and Commission on School Accreditation. 5413
SECTION 43. Section 37-151-97, Mississippi Code of 1972, is 5414
brought forward as follows: 5415
37-151-97. The State Department of Education shall develop 5416
an annual reporting process to inform the Legislature, local 5417
district personnel and the general public as to the ongoing and 5418
future plans for the state's educational programs. The annual 5419
reporting process will include those vital statistics that are 5420
commonly reported by schools and districts and that can provide 5421
clear demographic, strategic and educational information to 5422
constituencies such as, but not limited to, the following 5423
information: 5424
(a) Student enrollment and attendance reported in the 5425
aggregate and specifically for each student population that is 5426
subject to weighting under Sections 37-151-200 through 37-151-215, 5427
and drop-out and graduation data; 5428
(b) Overall student and district achievement; 5429
(c) Budget, administrative costs and other pertinent 5430
fiscal information, including: 5431
(i) The receipts and disbursements of all school 5432
funds handled by the board; 5433
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(ii) Reports of expenditures for public schools, 5434
which, upon request must be made available on an individual 5435
district basis by the State Department of Education; 5436
1. Total Student Expenditures: 5437
a. Instruction (1000s); 5438
b. Other Student Instructional 5439
Expenditures (2100s, 2200s); 5440
2. General Administration (2300s and 2500s); 5441
3. School Administration (2400s); 5442
4. Other Expenditures (2600s, 2700s, 2800s, 5443
3100s, 3200s); and 5444
5. Nonoperational Expenditures (4000s, 5000s, 5445
6000s); 5446
(iii) The number of school districts, school 5447
teachers employed, school administrators employed, pupils taught 5448
and the attendance record of pupils therein; 5449
(iv) County and district levies for each school 5450
district and agricultural high school; 5451
(v) The condition of vocational education, a list 5452
of schools to which federal and state aid has been given, and a 5453
detailed statement of the expenditures of federal funds and the 5454
state funds that may be provided, and the ranking of subjects 5455
taught as compared with the state's needs. 5456
(d) Other as directed by the State Board of Education. 5457
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Further, the reporting process will include an annual report 5458
developed specifically to relate the mission and goals of the 5459
State Board of Education, state superintendent and departments. 5460
This document will become the method through which the strategic 5461
planning and management process of the department is articulated 5462
to the public. It will explain and inform the public of the major 5463
initiatives of the department and clearly identify rationale for 5464
program development and/or elimination. The report will establish 5465
benchmarks, future plans and discuss the effectiveness of 5466
educational programs. 5467
In addition to the information specified herein, the State 5468
Board of Education shall have full and plenary authority and power 5469
to require the furnishing of such further, additional and 5470
supplementary information as it may deem necessary for the purpose 5471
of determining the cost of the total funding formula in such 5472
school district for the succeeding fiscal year, the amount of the 5473
total funding formula funds to be allotted to each school district 5474
for the succeeding fiscal year, and for any other purpose 5475
authorized by law or deemed necessary by said State Board of 5476
Education. 5477
It shall be the duty of the State Department of Education to 5478
prescribe the forms for the reports provided for in this section. 5479
SECTION 44. Section 41-79-5, Mississippi Code of 1972, is 5480
brought forward as follows: 5481
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41-79-5. (1) There is hereby established within the State 5482
Department of Health a school nurse intervention program, 5483
available to all public school districts in the state. 5484
(2) By the school year 1998-1999, each public school 5485
district shall have employed a school nurse, to be known as a 5486
Health Service Coordinator, pursuant to the school nurse 5487
intervention program prescribed under this section. The school 5488
nurse intervention program shall offer any of the following 5489
specific preventive services, and other additional services 5490
appropriate to each grade level and the age and maturity of the 5491
pupils: 5492
(a) Reproductive health education and referral to 5493
prevent teen pregnancy and sexually transmitted diseases, which 5494
education shall include abstinence; 5495
(b) Child abuse and neglect identification; 5496
(c) Hearing and vision screening to detect problems 5497
which can lead to serious sensory losses and behavioral and 5498
academic problems; 5499
(d) Alcohol, tobacco and drug abuse education to reduce 5500
abuse of these substances; 5501
(e) Scoliosis screening to detect this condition so 5502
that costly and painful surgery and lifelong disability can be 5503
prevented; 5504
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(f) Coordination of services for handicapped children 5505
to ensure that these children receive appropriate medical 5506
assistance and are able to remain in public school; 5507
(g) Nutrition education and counseling to prevent 5508
obesity and/or other eating disorders which may lead to 5509
life-threatening conditions, for example, hypertension; 5510
(h) Early detection and treatment of head lice to 5511
prevent the spread of the parasite and to reduce absenteeism; 5512
(i) Emergency treatment of injury and illness to 5513
include controlling bleeding, managing fractures, bruises or 5514
contusions and cardiopulmonary resuscitation (CPR); 5515
(j) Applying appropriate theory as the basis for 5516
decision making in nursing practice; 5517
(k) Establishing and maintaining a comprehensive school 5518
health program; 5519
(l) Developing individualized health plans; 5520
(m) Assessing, planning, implementing and evaluating 5521
programs and other school health activities, in collaboration with 5522
other professionals; 5523
(n) Providing health education to assist students, 5524
families and groups to achieve optimal levels of wellness; 5525
(o) Participating in peer review and other means of 5526
evaluation to assure quality of nursing care provided for students 5527
and assuming responsibility for continuing education and 5528
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professional development for self while contributing to the 5529
professional growth of others; 5530
(p) Participating with other key members of the 5531
community responsible for assessing, planning, implementing and 5532
evaluating school health services and community services that 5533
include the broad continuum or promotion of primary, secondary and 5534
tertiary prevention; and 5535
(q) Contributing to nursing and school health through 5536
innovations in theory and practice and participation in research. 5537
(3) Public school nurses shall be specifically prohibited 5538
from providing abortion counseling to any student or referring any 5539
student to abortion counseling or abortion clinics. Any violation 5540
of this subsection shall disqualify the school district employing 5541
such public school nurse from receiving any state administered 5542
funds under this section. 5543
(4) [Repealed]. 5544
(5) Beginning with the 1997-1998 school year, to the extent 5545
that federal or state funds are available therefor and pursuant to 5546
appropriation therefor by the Legislature, in addition to the 5547
school nurse intervention program funds administered under 5548
subsection (4), the State Department of Health shall establish and 5549
implement a Prevention of Teen Pregnancy Pilot Program to be 5550
located in the public school districts with the highest numbers of 5551
teen pregnancies. The Teen Pregnancy Pilot Program shall provide 5552
the following education services directly through public school 5553
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nurses in the pilot school districts: health education sessions 5554
in local schools, where contracted for or invited to provide, 5555
which target issues including reproductive health, teen pregnancy 5556
prevention and sexually transmitted diseases, including syphilis, 5557
HIV and AIDS. When these services are provided by a school nurse, 5558
training and counseling on abstinence shall be included. 5559
(6) In addition to the school nurse intervention program 5560
funds administered under subsection (4) and the Teen Pregnancy 5561
Pilot Program funds administered under subsection (5), to the 5562
extent that federal or state funds are available therefor and 5563
pursuant to appropriation therefor by the Legislature, the State 5564
Department of Health shall establish and implement an Abstinence 5565
Education Pilot Program to provide abstinence education, 5566
mentoring, counseling and adult supervision to promote abstinence 5567
from sexual activity, with a focus on those groups which are most 5568
likely to bear children out of wedlock. Such abstinence education 5569
services shall be provided by the State Department of Health 5570
through its clinics, public health nurses, school nurses and 5571
through contracts with rural and community health centers in order 5572
to reach a larger number of targeted clients. For purposes of 5573
this subsection, the term "abstinence education" means an 5574
educational or motivational program which: 5575
(a) Has as its exclusive purpose, teaching the social, 5576
psychological and health gains to be realized by abstaining from 5577
sexual activity; 5578
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(b) Teaches abstinence from sexual activity outside 5579
marriage as the expected standard for all school-age children; 5580
(c) Teaches that abstinence from sexual activity is the 5581
only certain way to avoid out-of-wedlock pregnancy, sexually 5582
transmitted diseases and other associated health problems; 5583
(d) Teaches that a mutually faithful monogamous 5584
relationship in context of marriage is the expected standard of 5585
human sexual activity; 5586
(e) Teaches that sexual activity outside of the context 5587
of marriage is likely to have harmful psychological and physical 5588
effects; 5589
(f) Teaches that bearing children out of wedlock is 5590
likely to have harmful consequences for the child, the child's 5591
parents and society; 5592
(g) Teaches young people how to reject sexual advances 5593
and how alcohol and drug use increase vulnerability to sexual 5594
advances; and 5595
(h) Teaches the importance of attaining 5596
self-sufficiency before engaging in sexual activity. 5597
(7) Pursuant to appropriation therefor by the Legislature, 5598
in addition to funds allotted under the total funding formula 5599
provided in Sections 37-151-200 through 37-151-215, each school 5600
district shall be allotted an amount for the purpose of employing 5601
qualified public school nurses in such school district, which in 5602
no event shall be less than one (1) nurse per school district, for 5603
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such purpose. In the event the Legislature provides less funds 5604
than the total state funds needed for the public school nurse 5605
allotment, those school districts with fewer nurses per the number 5606
of students in net enrollment shall be the first funded for such 5607
purpose, to the extent of funds available. 5608
(8) Prior to the 1998-1999 school year, nursing staff 5609
assigned to the program shall be employed through the local county 5610
health department and shall be subject to the supervision of the 5611
State Department of Health with input from local school officials. 5612
Local county health departments may contract with any 5613
comprehensive private primary health care facilities within their 5614
county to employ and utilize additional nursing staff. Beginning 5615
with the 1998-1999 school year, nursing staff assigned to the 5616
program shall be employed by the local school district and shall 5617
be designated as "health service coordinators," and shall be 5618
required to possess a bachelor's degree in nursing as a minimum 5619
qualification. 5620
(9) Upon each student's enrollment, the parent or guardian 5621
shall be provided with information regarding the scope of the 5622
school nurse intervention program. The parent or guardian may 5623
provide the school administration with a written statement 5624
refusing all or any part of the nursing service. No child shall 5625
be required to undergo hearing and vision or scoliosis screening 5626
or any other physical examination or tests whose parent objects 5627
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thereto on the grounds such screening, physical examination or 5628
tests are contrary to his sincerely held religious beliefs. 5629
(10) A consent form for reproductive health education shall 5630
be sent to the parent or guardian of each student upon his 5631
enrollment. If a response from the parent or guardian is not 5632
received within seven (7) days after the consent form is sent, the 5633
school shall send a letter to the student's home notifying the 5634
parent or guardian of the consent form. If the parent or guardian 5635
fails to respond to the letter within ten (10) days after it is 5636
sent, then the school principal shall be authorized to allow the 5637
student to receive reproductive health education. Reproductive 5638
health education shall include the teaching of total abstinence 5639
from premarital sex and, wherever practicable, reproductive health 5640
education should be taught in classes divided according to gender. 5641
All materials used in the reproductive health education program 5642
shall be placed in a convenient and easily accessible location for 5643
parental inspection. School nurses shall not dispense birth 5644
control pills or contraceptive devices in the school. Dispensing 5645
of such shall be the responsibility of the State Department of 5646
Health on a referral basis only. 5647
(11) No provision of this section shall be construed as 5648
prohibiting local school districts from accepting financial 5649
assistance of any type from the State of Mississippi or any other 5650
governmental entity, or any contribution, donation, gift, decree 5651
or bequest from any source which may be utilized for the 5652
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maintenance or implementation of a school nurse intervention 5653
program in a public school system of this state. 5654
SECTION 45. Section 43-17-5, Mississippi Code of 1972, is 5655
brought forward as follows: 5656
43-17-5. (1) The amount of Temporary Assistance for Needy 5657
Families (TANF) benefits which may be granted for any dependent 5658
child and a needy caretaker relative shall be determined by the 5659
county department with due regard to the resources and necessary 5660
expenditures of the family and the conditions existing in each 5661
case, and in accordance with the rules and regulations made by the 5662
Department of Human Services which shall not be less than the 5663
Standard of Need in effect for 1988, and shall be sufficient when 5664
added to all other income (except that any income specified in the 5665
federal Social Security Act, as amended, may be disregarded) and 5666
support available to the child to provide such child with a 5667
reasonable subsistence compatible with decency and health. The 5668
first family member in the dependent child's budget may receive an 5669
amount not to exceed Two Hundred Dollars ($200.00) per month; the 5670
second family member in the dependent child's budget may receive 5671
an amount not to exceed Thirty-six Dollars ($36.00) per month; and 5672
each additional family member in the dependent child's budget an 5673
amount not to exceed Twenty-four Dollars ($24.00) per month. The 5674
maximum for any individual family member in the dependent child's 5675
budget may be exceeded for foster or medical care or in cases of 5676
children with an intellectual disability or a physical disability. 5677
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TANF benefits granted shall be specifically limited only (a) to 5678
children existing or conceived at the time the caretaker relative 5679
initially applies and qualifies for such assistance, unless this 5680
limitation is specifically waived by the department, or (b) to a 5681
child born following a twelve-consecutive-month period of 5682
discontinued benefits by the caretaker relative. 5683
(2) TANF benefits in Mississippi shall be provided to the 5684
recipient family by an online electronic benefits transfer system. 5685
(3) The Department of Human Services shall deny TANF 5686
benefits to the following categories of individuals, except for 5687
individuals and families specifically exempt or excluded for good 5688
cause as allowed by federal statute or regulation: 5689
(a) Families without a minor child residing with the 5690
custodial parent or other adult caretaker relative of the child; 5691
(b) Families which include an adult who has received 5692
TANF assistance for sixty (60) months after the commencement of 5693
the Mississippi TANF program, whether or not such period of time 5694
is consecutive; 5695
(c) Families not assigning to the state any rights a 5696
family member may have, on behalf of the family member or of any 5697
other person for whom the family member has applied for or is 5698
receiving such assistance, to support from any other person, as 5699
required by law; 5700
(d) Families who fail to cooperate in establishing 5701
paternity or obtaining child support, as required by law; 5702
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(e) Any individual who has not attained eighteen (18) 5703
years of age, is not married to the head of household, has a minor 5704
child at least twelve (12) weeks of age in his or her care, and 5705
has not successfully completed a high school education or its 5706
equivalent, if such individual does not participate in educational 5707
activities directed toward the attainment of a high school diploma 5708
or its equivalent, or an alternative educational or training 5709
program approved by the department; 5710
(f) Any individual who has not attained eighteen (18) 5711
years of age, is not married, has a minor child in his or her 5712
care, and does not reside in a place or residence maintained by a 5713
parent, legal guardian or other adult relative or the individual 5714
as such parent's, guardian's or adult relative's own home; 5715
(g) Any minor child who has been, or is expected by a 5716
parent or other caretaker relative of the child to be, absent from 5717
the home for a period of more than thirty (30) days; 5718
(h) Any individual who is a parent or other caretaker 5719
relative of a minor child who fails to notify the department of 5720
the absence of the minor child from the home for the thirty-day 5721
period specified in paragraph (g), by the end of the five-day 5722
period that begins with the date that it becomes clear to the 5723
individual that the minor child will be absent for the thirty-day 5724
period; 5725
(i) Any individual who fails to comply with the 5726
provisions of the Employability Development Plan signed by the 5727
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individual which prescribe those activities designed to help the 5728
individual become and remain employed, or to participate 5729
satisfactorily in the assigned work activity, as authorized under 5730
subsection (6)(c) and (d), or who does not engage in applicant job 5731
search activities within the thirty-day period for TANF 5732
application approval after receiving the advice and consultation 5733
of eligibility workers and/or caseworkers of the department 5734
providing a detailed description of available job search venues in 5735
the individual's county of residence or the surrounding counties; 5736
(j) A parent or caretaker relative who has not engaged 5737
in an allowable work activity once the department determines the 5738
parent or caretaker relative is ready to engage in work, or once 5739
the parent or caretaker relative has received TANF assistance 5740
under the program for twenty-four (24) months, whether or not 5741
consecutive, whichever is earlier; 5742
(k) Any individual who is fleeing to avoid prosecution, 5743
or custody or confinement after conviction, under the laws of the 5744
jurisdiction from which the individual flees, for a crime, or an 5745
attempt to commit a crime, which is a felony under the laws of the 5746
place from which the individual flees, or who is violating a 5747
condition of probation or parole imposed under federal or state 5748
law; 5749
(l) Aliens who are not qualified under federal law; 5750
(m) For a period of ten (10) years following 5751
conviction, individuals convicted in federal or state court of 5752
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having made a fraudulent statement or representation with respect 5753
to the individual's place of residence in order to receive TANF, 5754
food stamps or Supplemental Security Income (SSI) assistance under 5755
Title XVI or Title XIX simultaneously from two (2) or more states; 5756
(n) Individuals who are recipients of federal 5757
Supplemental Security Income (SSI) assistance; and 5758
(o) Individuals who are eighteen (18) years of age or 5759
older who are not in compliance with the drug testing and 5760
substance use disorder treatment requirements of Section 43-17-6. 5761
(4) (a) Any person who is otherwise eligible for TANF 5762
benefits, including custodial and noncustodial parents, shall be 5763
required to attend school and meet the monthly attendance 5764
requirement as provided in this subsection if all of the following 5765
apply: 5766
(i) The person is under age twenty (20); 5767
(ii) The person has not graduated from a public or 5768
private high school or obtained a High School Equivalency Diploma 5769
equivalent; 5770
(iii) The person is physically able to attend 5771
school and is not excused from attending school; and 5772
(iv) If the person is a parent or caretaker 5773
relative with whom a dependent child is living, child care is 5774
available for the child. 5775
The monthly attendance requirement under this subsection 5776
shall be attendance at the school in which the person is enrolled 5777
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for each day during a month that the school conducts classes in 5778
which the person is enrolled, with not more than two (2) absences 5779
during the month for reasons other than the reasons listed in 5780
paragraph (e)(iv) of this subsection. Persons who fail to meet 5781
participation requirements in this subsection shall be subject to 5782
sanctions as provided in paragraph (f) of this subsection. 5783
(b) As used in this subsection, "school" means any one 5784
(1) of the following: 5785
(i) A school as defined in Section 37-13-91(2); 5786
(ii) A vocational, technical and adult education 5787
program; or 5788
(iii) A course of study meeting the standards 5789
established by the State Department of Education for the granting 5790
of a declaration of equivalency of high school graduation. 5791
(c) If any compulsory-school-age child, as defined in 5792
Section 37-13-91(2), to which TANF eligibility requirements apply 5793
is not in compliance with the compulsory school attendance 5794
requirements of Section 37-13-91(6), the superintendent of schools 5795
of the school district in which the child is enrolled or eligible 5796
to attend shall notify the county department of human services of 5797
the child's noncompliance. The Department of Human Services shall 5798
review school attendance information as provided under this 5799
paragraph at all initial eligibility determinations and upon 5800
subsequent report of unsatisfactory attendance. 5801
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(d) The signature of a person on an application for 5802
TANF benefits constitutes permission for the release of school 5803
attendance records for that person or for any child residing with 5804
that person. The department shall request information from the 5805
child's school district about the child's attendance in the school 5806
district's most recently completed semester of attendance. If 5807
information about the child's previous school attendance is not 5808
available or cannot be verified, the department shall require the 5809
child to meet the monthly attendance requirement for one (1) 5810
semester or until the information is obtained. The department 5811
shall use the attendance information provided by a school district 5812
to verify attendance for a child. The department shall review 5813
with the parent or caretaker relative a child's claim that he or 5814
she has a good cause for not attending school. 5815
A school district shall provide information to the department 5816
about the attendance of a child who is enrolled in a public school 5817
in the district within five (5) working days of the receipt of a 5818
written request for that information from the department. The 5819
school district shall define how many hours of attendance count as 5820
a full day and shall provide that information, upon request, to 5821
the department. In reporting attendance, the school district may 5822
add partial days' absence together to constitute a full day's 5823
absence. 5824
If a school district fails to provide to the department the 5825
information about the school attendance of any child within 5826
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fifteen (15) working days after a written request, the department 5827
shall notify the Department of Audit within three (3) working days 5828
of the school district's failure to comply with that requirement. 5829
The Department of Audit shall begin audit proceedings within five 5830
(5) working days of notification by the Department of Human 5831
Services to determine the school district's compliance with the 5832
requirements of this subsection (4). If the Department of Audit 5833
finds that the school district is not in compliance with the 5834
requirements of this subsection, the school district shall be 5835
penalized as follows: The Department of Audit shall notify the 5836
State Department of Education of the school district's 5837
noncompliance, and the Department of Education shall reduce the 5838
calculation of the school district's net enrollment that is used 5839
to determine the allocation of total funding formula funds by the 5840
number of children for which the district has failed to provide to 5841
the Department of Human Services the required information about 5842
the school attendance of those children. The reduction in the 5843
calculation of the school district's net enrollment under this 5844
paragraph shall be effective for a period of one (1) year. 5845
(e) A child who is required to attend school to meet 5846
the requirements under this subsection shall comply except when 5847
there is good cause, which shall be demonstrated by any of the 5848
following circumstances: 5849
(i) The minor parent is the caretaker of a child 5850
less than twelve (12) weeks old; or 5851
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(ii) The department determines that child care 5852
services are necessary for the minor parent to attend school and 5853
there is no child care available; or 5854
(iii) The child is prohibited by the school 5855
district from attending school and an expulsion is pending. This 5856
exemption no longer applies once the teenager has been expelled; 5857
however, a teenager who has been expelled and is making 5858
satisfactory progress towards obtaining a High School Equivalency 5859
Diploma equivalent shall be eligible for TANF benefits; or 5860
(iv) The child failed to attend school for one or 5861
more of the following reasons: 5862
1. Illness, injury or incapacity of the child 5863
or the minor parent's child; 5864
2. Court-required appearances or temporary 5865
incarceration; 5866
3. Medical or dental appointments for the 5867
child or minor parent's child; 5868
4. Death of a close relative; 5869
5. Observance of a religious holiday; 5870
6. Family emergency; 5871
7. Breakdown in transportation; 5872
8. Suspension; or 5873
9. Any other circumstance beyond the control 5874
of the child, as defined in regulations of the department. 5875
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(f) Upon determination that a child has failed without 5876
good cause to attend school as required, the department shall 5877
provide written notice to the parent or caretaker relative 5878
(whoever is the primary recipient of the TANF benefits) that 5879
specifies: 5880
(i) That the family will be sanctioned in the next 5881
possible payment month because the child who is required to attend 5882
school has failed to meet the attendance requirement of this 5883
subsection; 5884
(ii) The beginning date of the sanction, and the 5885
child to whom the sanction applies; 5886
(iii) The right of the child's parents or 5887
caretaker relative (whoever is the primary recipient of the TANF 5888
benefits) to request a fair hearing under this subsection. 5889
The child's parent or caretaker relative (whoever is the 5890
primary recipient of the TANF benefits) may request a fair hearing 5891
on the department's determination that the child has not been 5892
attending school. If the child's parents or caretaker relative 5893
does not request a fair hearing under this subsection, or if, 5894
after a fair hearing has been held, the hearing officer finds that 5895
the child without good cause has failed to meet the monthly 5896
attendance requirement, the department shall discontinue or deny 5897
TANF benefits to the child thirteen (13) years old, or older, in 5898
the next possible payment month. The department shall discontinue 5899
or deny twenty-five percent (25%) of the family grant when a child 5900
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six (6) through twelve (12) years of age without good cause has 5901
failed to meet the monthly attendance requirement. Both the child 5902
and family sanction may apply when children in both age groups 5903
fail to meet the attendance requirement without good cause. A 5904
sanction applied under this subsection shall be effective for one 5905
(1) month for each month that the child failed to meet the monthly 5906
attendance requirement. In the case of a dropout, the sanction 5907
shall remain in force until the parent or caretaker relative 5908
provides written proof from the school district that the child has 5909
reenrolled and met the monthly attendance requirement for one (1) 5910
calendar month. Any month in which school is in session for at 5911
least ten (10) days during the month may be used to meet the 5912
attendance requirement under this subsection. This includes 5913
attendance at summer school. The sanction shall be removed the 5914
next possible payment month. 5915
(5) All parents or caretaker relatives shall have their 5916
dependent children receive vaccinations and booster vaccinations 5917
against those diseases specified by the State Health Officer under 5918
Section 41-23-37 in accordance with the vaccination and booster 5919
vaccination schedule prescribed by the State Health Officer for 5920
children of that age, in order for the parents or caretaker 5921
relatives to be eligible or remain eligible to receive TANF 5922
benefits. Proof of having received such vaccinations and booster 5923
vaccinations shall be given by presenting the certificates of 5924
vaccination issued by any health care provider licensed to 5925
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administer vaccinations, and submitted on forms specified by the 5926
State Board of Health. If the parents without good cause do not 5927
have their dependent children receive the vaccinations and booster 5928
vaccinations as required by this subsection and they fail to 5929
comply after thirty (30) days' notice, the department shall 5930
sanction the family's TANF benefits by twenty-five percent (25%) 5931
for the next payment month and each subsequent payment month until 5932
the requirements of this subsection are met. 5933
(6) (a) If the parent or caretaker relative applying for 5934
TANF assistance is work eligible, as determined by the Department 5935
of Human Services, the person shall be required to engage in an 5936
allowable work activity once the department determines the parent 5937
or caretaker relative is determined work eligible, or once the 5938
parent or caretaker relative has received TANF assistance under 5939
the program for twenty-four (24) months, whether or not 5940
consecutive, whichever is earlier. No TANF benefits shall be 5941
given to any person to whom this section applies who fails without 5942
good cause to comply with the Employability Development Plan 5943
prepared by the department for the person, or who has refused to 5944
accept a referral or offer of employment, training or education in 5945
which he or she is able to engage, subject to the penalties 5946
prescribed in paragraph (e) of this subsection. A person shall be 5947
deemed to have refused to accept a referral or offer of 5948
employment, training or education if he or she: 5949
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(i) Willfully fails to report for an interview 5950
with respect to employment when requested to do so by the 5951
department; or 5952
(ii) Willfully fails to report to the department 5953
the result of a referral to employment; or 5954
(iii) Willfully fails to report for allowable work 5955
activities as prescribed in paragraphs (c) and (d) of this 5956
subsection. 5957
(b) The Department of Human Services shall operate a 5958
statewide work program for TANF recipients to provide work 5959
activities and supportive services to enable families to become 5960
self-sufficient and improve their competitive position in the 5961
workforce in accordance with the requirements of the federal 5962
Personal Responsibility and Work Opportunity Reconciliation Act of 5963
1996 (Public Law 104-193), as amended, and the regulations 5964
promulgated thereunder, and the Deficit Reduction Act of 2005 5965
(Public Law 109-171), as amended. Within sixty (60) days after 5966
the initial application for TANF benefits, the TANF recipient must 5967
participate in a job search skills training workshop or a job 5968
readiness program, which shall include resume writing, job search 5969
skills, employability skills and, if available at no charge, the 5970
General Aptitude Test Battery or its equivalent. All adults who 5971
are not specifically exempt shall be referred by the department 5972
for allowable work activities. An adult may be exempt from the 5973
mandatory work activity requirement for the following reasons: 5974
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(i) Incapacity; 5975
(ii) Temporary illness or injury, verified by 5976
physician's certificate; 5977
(iii) Is in the third trimester of pregnancy, and 5978
there are complications verified by the certificate of a 5979
physician, nurse practitioner, physician assistant, or any other 5980
licensed health care professional practicing under a protocol with 5981
a licensed physician; 5982
(iv) Caretaker of a child under twelve (12) 5983
months, for not more than twelve (12) months of the sixty-month 5984
maximum benefit period; 5985
(v) Caretaker of an ill or incapacitated person, 5986
as verified by physician's certificate; 5987
(vi) Age, if over sixty (60) or under eighteen 5988
(18) years of age; 5989
(vii) Receiving treatment for substance abuse, if 5990
the person is in compliance with the substance abuse treatment 5991
plan; 5992
(viii) In a two-parent family, the caretaker of a 5993
severely disabled child, as verified by a physician's certificate; 5994
or 5995
(ix) History of having been a victim of domestic 5996
violence, which has been reported as required by state law and is 5997
substantiated by police reports or court records, and being at 5998
risk of further domestic violence, shall be exempt for a period as 5999
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deemed necessary by the department but not to exceed a total of 6000
twelve (12) months, which need not be consecutive, in the 6001
sixty-month maximum benefit period. For the purposes of this 6002
subparagraph (ix), "domestic violence" means that an individual 6003
has been subjected to: 6004
1. Physical acts that resulted in, or 6005
threatened to result in, physical injury to the individual; 6006
2. Sexual abuse; 6007
3. Sexual activity involving a dependent 6008
child; 6009
4. Being forced as the caretaker relative of 6010
a dependent child to engage in nonconsensual sexual acts or 6011
activities; 6012
5. Threats of, or attempts at, physical or 6013
sexual abuse; 6014
6. Mental abuse; or 6015
7. Neglect or deprivation of medical care. 6016
(c) For all families, all adults who are not 6017
specifically exempt shall be required to participate in work 6018
activities for at least the minimum average number of hours per 6019
week specified by federal law or regulation, not fewer than twenty 6020
(20) hours per week (thirty-five (35) hours per week for 6021
two-parent families) of which are attributable to the following 6022
allowable work activities: 6023
(i) Unsubsidized employment; 6024
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(ii) Subsidized private employment; 6025
(iii) Subsidized public employment; 6026
(iv) Work experience (including work associated 6027
with the refurbishing of publicly assisted housing), if sufficient 6028
private employment is not available; 6029
(v) On-the-job training; 6030
(vi) Job search and job readiness assistance 6031
consistent with federal TANF regulations; 6032
(vii) Community service programs; 6033
(viii) Vocational educational training (not to 6034
exceed twelve (12) months with respect to any individual); 6035
(ix) The provision of child care services to an 6036
individual who is participating in a community service program; 6037
(x) Satisfactory attendance at high school or in a 6038
course of study leading to a high school equivalency certificate, 6039
for heads of household under age twenty (20) who have not 6040
completed high school or received such certificate; 6041
(xi) Education directly related to employment, for 6042
heads of household under age twenty (20) who have not completed 6043
high school or received such equivalency certificate. 6044
(d) The following are allowable work activities which 6045
may be attributable to hours in excess of the minimum specified in 6046
paragraph (c) of this subsection: 6047
(i) Job skills training directly related to 6048
employment; 6049
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(ii) Education directly related to employment for 6050
individuals who have not completed high school or received a high 6051
school equivalency certificate; 6052
(iii) Satisfactory attendance at high school or in 6053
a course of study leading to a high school equivalency, for 6054
individuals who have not completed high school or received such 6055
equivalency certificate; 6056
(iv) Job search and job readiness assistance 6057
consistent with federal TANF regulations. 6058
(e) If any adult or caretaker relative refuses to 6059
participate in allowable work activity as required under this 6060
subsection (6), the following full family TANF benefit penalty 6061
will apply, subject to due process to include notification, 6062
conciliation and a hearing if requested by the recipient: 6063
(i) For the first violation, the department shall 6064
terminate the TANF assistance otherwise payable to the family for 6065
a two-month period or until the person has complied with the 6066
required work activity, whichever is longer; 6067
(ii) For the second violation, the department 6068
shall terminate the TANF assistance otherwise payable to the 6069
family for a six-month period or until the person has complied 6070
with the required work activity, whichever is longer; 6071
(iii) For the third violation, the department 6072
shall terminate the TANF assistance otherwise payable to the 6073
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family for a twelve-month period or until the person has complied 6074
with the required work activity, whichever is longer; 6075
(iv) For the fourth violation, the person shall be 6076
permanently disqualified. 6077
For a two-parent family, unless prohibited by state or 6078
federal law, Medicaid assistance shall be terminated only for the 6079
person whose failure to participate in allowable work activity 6080
caused the family's TANF assistance to be sanctioned under this 6081
paragraph (e), unless an individual is pregnant, but shall not be 6082
terminated for any other person in the family who is meeting that 6083
person's applicable work requirement or who is not required to 6084
work. Minor children shall continue to be eligible for Medicaid 6085
benefits regardless of the disqualification of their parent or 6086
caretaker relative for TANF assistance under this subsection (6), 6087
unless prohibited by state or federal law. 6088
(f) Any person enrolled in a two-year or four-year 6089
college program who meets the eligibility requirements to receive 6090
TANF benefits, and who is meeting the applicable work requirements 6091
and all other applicable requirements of the TANF program, shall 6092
continue to be eligible for TANF benefits while enrolled in the 6093
college program for as long as the person meets the requirements 6094
of the TANF program, unless prohibited by federal law. 6095
(g) No adult in a work activity required under this 6096
subsection (6) shall be employed or assigned (i) when any other 6097
individual is on layoff from the same or any substantially 6098
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equivalent job within six (6) months before the date of the TANF 6099
recipient's employment or assignment; or (ii) if the employer has 6100
terminated the employment of any regular employee or otherwise 6101
caused an involuntary reduction of its workforce in order to fill 6102
the vacancy so created with an adult receiving TANF assistance. 6103
The Mississippi Department of Employment Security, established 6104
under Section 71-5-101, shall appoint one or more impartial 6105
hearing officers to hear and decide claims by employees of 6106
violations of this paragraph (g). The hearing officer shall hear 6107
all the evidence with respect to any claim made hereunder and such 6108
additional evidence as he may require and shall make a 6109
determination and the reason therefor. The claimant shall be 6110
promptly notified of the decision of the hearing officer and the 6111
reason therefor. Within ten (10) days after the decision of the 6112
hearing officer has become final, any party aggrieved thereby may 6113
secure judicial review thereof by commencing an action, in the 6114
circuit court of the county in which the claimant resides, against 6115
the department for the review of such decision, in which action 6116
any other party to the proceeding before the hearing officer shall 6117
be made a defendant. Any such appeal shall be on the record which 6118
shall be certified to the court by the department in the manner 6119
provided in Section 71-5-531, and the jurisdiction of the court 6120
shall be confined to questions of law which shall render its 6121
decision as provided in that section. 6122
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(7) The Department of Human Services may provide child care 6123
for eligible participants who require such care so that they may 6124
accept employment or remain employed. The department may also 6125
provide child care for those participating in the TANF program 6126
when it is determined that they are satisfactorily involved in 6127
education, training or other allowable work activities. The 6128
department may contract with Head Start agencies to provide child 6129
care services to TANF recipients. The department may also arrange 6130
for child care by use of contract or vouchers, provide vouchers in 6131
advance to a caretaker relative, reimburse a child care provider, 6132
or use any other arrangement deemed appropriate by the department, 6133
and may establish different reimbursement rates for child care 6134
services depending on the category of the facility or home. Any 6135
center-based or group home child care facility under this 6136
subsection shall be licensed by the State Department of Health 6137
pursuant to law. When child care is being provided in the child's 6138
own home, in the home of a relative of the child, or in any other 6139
unlicensed setting, the provision of such child care may be 6140
monitored on a random basis by the Department of Human Services or 6141
the State Department of Health. Transitional child care 6142
assistance may be continued if it is necessary for parents to 6143
maintain employment once support has ended, unless prohibited 6144
under state or federal law. Transitional child care assistance 6145
may be provided for up to twenty-four (24) months after the last 6146
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month during which the family was eligible for TANF assistance, if 6147
federal funds are available for such child care assistance. 6148
(8) The Department of Human Services may provide 6149
transportation or provide reasonable reimbursement for 6150
transportation expenses that are necessary for individuals to be 6151
able to participate in allowable work activity under the TANF 6152
program. 6153
(9) Medicaid assistance shall be provided to a family of 6154
TANF program participants for up to twenty-four (24) consecutive 6155
calendar months following the month in which the participating 6156
family would be ineligible for TANF benefits because of increased 6157
income, expiration of earned income disregards, or increased hours 6158
of employment of the caretaker relative; however, Medicaid 6159
assistance for more than twelve (12) months may be provided only 6160
if a federal waiver is obtained to provide such assistance for 6161
more than twelve (12) months and federal and state funds are 6162
available to provide such assistance. 6163
(10) The department shall require applicants for and 6164
recipients of public assistance from the department to sign a 6165
personal responsibility contract that will require the applicant 6166
or recipient to acknowledge his or her responsibilities to the 6167
state. 6168
(11) The department shall enter into an agreement with the 6169
State Personnel Board and other state agencies that will allow 6170
those TANF participants who qualify for vacant jobs within state 6171
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agencies to be placed in state jobs. State agencies participating 6172
in the TANF work program shall receive any and all benefits 6173
received by employers in the private sector for hiring TANF 6174
recipients. This subsection (11) shall be effective only if the 6175
state obtains any necessary federal waiver or approval and if 6176
federal funds are available therefor. Not later than September 1, 6177
2021, the department shall prepare a report, which shall be 6178
provided to the Chairmen of the House and Senate Public Health 6179
Committees and to any other member of the Legislature upon 6180
request, on the history, status, outcomes and effectiveness of the 6181
agreements required under this subsection. 6182
(12) Any unspent TANF funds remaining from the prior fiscal 6183
year may be expended for any TANF allowable activities. 6184
(13) The Mississippi Department of Human Services shall 6185
provide TANF applicants information and referral to programs that 6186
provide information about birth control, prenatal health care, 6187
abstinence education, marriage education, family preservation and 6188
fatherhood. Not later than September 1, 2021, the department 6189
shall prepare a report, which shall be provided to the Chairmen of 6190
the House and Senate Public Health Committees and to any other 6191
member of the Legislature upon request, on the history, status, 6192
outcomes and effectiveness of the information and referral 6193
requirements under this subsection. 6194
(14) No new TANF program requirement or restriction 6195
affecting a person's eligibility for TANF assistance, or allowable 6196
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work activity, which is not mandated by federal law or regulation 6197
may be implemented by the Department of Human Services after July 6198
1, 2004, unless such is specifically authorized by an amendment to 6199
this section by the Legislature. 6200
SECTION 46. Section 27-104-351, Mississippi Code of 1972, is 6201
brought forward as follows: 6202
27-104-351. (1) This section shall be known and may be 6203
cited as the "Line-Item Appropriation Transparency Act." 6204
(2) As used in this section, unless the context clearly 6205
indicates otherwise: 6206
(a) "Local government entity" means any county, 6207
municipality, school district, public hospital or other political 6208
subdivision of the state. 6209
(b) "Pass-through funding" means a line-item 6210
appropriation by the Legislature to a state agency that is 6211
itemized on a separate line in a state agency's appropriation bill 6212
and that is intended to be passed through the state agency to one 6213
or more: 6214
(i) Local government entities; 6215
(ii) Private organizations, including 6216
not-for-profit organizations; or 6217
(iii) Persons in the form of a loan or grant. 6218
"Pass-through funding" may be general funds, dedicated credits, or 6219
any combination of state funding sources, and may be ongoing or 6220
one-time. 6221
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(c) "Recipient entity" means a local government entity 6222
or private entity, including a nonprofit entity, that receives 6223
money by way of pass-through funding from a state agency. 6224
(d) "State agency" shall have the same meaning as 6225
provided in Section 27-103-103, and shall include any other 6226
subagency or board under the supervision of that state agency. 6227
(e) "State money" means funds in the State General Fund 6228
and all state-support special funds which are in the Budget 6229
Contingency Fund, Capital Expense Fund, Working-Cash Stabilization 6230
Reserve Fund, Education Enhancement Fund, Healthcare Expendable 6231
Fund, Tobacco Control Program Fund, BP Settlement Fund, Gulf Coast 6232
Restoration Fund and any other special funds that are determined 6233
by the Joint Legislative Budget Committee to be a state-support 6234
special fund. "State money" does not include contributions or 6235
donations received by a state agency. 6236
(f) "Department" means the Department of Finance and 6237
Administration. 6238
(3) A state agency may not provide a recipient entity state 6239
money from pass-through funding unless: 6240
(a) The state agency enters into a written agreement 6241
with the recipient entity, which details the criteria and 6242
reporting requirements as provided in this section; and 6243
(b) The written agreement described in paragraph (a) of 6244
this subsection requires the recipient entity to provide to the 6245
state agency the following: 6246
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(i) A written description and an itemized report 6247
detailing the expenditure of state money or the intended 6248
expenditure of any state money that has not been spent. Such 6249
report shall be submitted at least quarterly on dates determined 6250
by the department; and 6251
(ii) A final written itemized report when all the 6252
state money is spent. 6253
Disbursements shall only be made after the written agreement 6254
described in paragraph (a) of this subsection has been signed and 6255
shall be contingent upon the recipient entity complying with the 6256
quarterly reporting requirements required by paragraph (b) of this 6257
subsection. 6258
(4) On or before June 30 of each year or a date determined 6259
by the department, a state agency shall provide to the department 6260
a copy of the written agreements, written descriptions, and 6261
reports of itemized expenditures required under subsection (3) of 6262
this section. 6263
(5) The department is responsible for obtaining the written 6264
agreements, written descriptions, and itemized reports required by 6265
subsection (3) of this section from state agencies. The 6266
department is further responsible for consolidating and presenting 6267
a report on the previous fiscal year's pass-through expenditures 6268
and providing it to the Joint Legislative Budget Committee by 6269
October 1 of each year. 6270
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(6) The department shall create all of the following 6271
documents which shall be in such form and contain such information 6272
as the department prescribes: 6273
(a) Written agreement as described in subsection (3)(a) 6274
of this section; 6275
(b) Written description and itemized report as 6276
described in subsection (3)(b) of this section; and 6277
(c) Final itemized report as described in subsection 6278
(3)(b) of this section. 6279
A state agency shall utilize these documents when complying 6280
with the criteria set forth in this section. 6281
(7) Notwithstanding subsection (3) of this section, a state 6282
agency is not required to comply with this section to the extent 6283
that the pass-through funding is issued: 6284
(a) Under a competitive award process; 6285
(b) In accordance with a formula enacted in statute; 6286
(c) In accordance with a state program under parameters 6287
in statute or rule that guides the distribution of the 6288
pass-through funding; 6289
(d) Under the authority of Sections 37-151-200 through 6290
37-151-215; or 6291
(e) In accordance with an appropriations act of the 6292
Legislature that specifically provides an exemption from the 6293
provisions of this section. 6294
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(8) Unless a recipient entity is required to comply with 6295
Section 31-7-1 et seq. because it is an agency or public body, the 6296
fact that it is a recipient entity does not create such an 6297
obligation. 6298
SECTION 47. Section 37-159-7, Mississippi Code of 1972, is 6299
brought forward as follows: 6300
37-159-7. The school board of any school district situated 6301
within a geographical area of the state where there exists a 6302
critical shortage of teachers, as designated by the State Board of 6303
Education, in its discretion, may reimburse persons who interview 6304
for employment as a licensed teacher with the district for the 6305
mileage and other actual expenses incurred in the course of travel 6306
to and from the interview by such persons at the rate authorized 6307
for county and municipal employees under Section 25-3-41. Any 6308
reimbursement by a school board under this section shall be paid 6309
from funds other than adequate education program funds. 6310
SECTION 48. Section 37-23-31, Mississippi Code of 1972, is 6311
brought forward as follows: 6312
37-23-31. (1) (a) When five (5) or more children under 6313
twenty-one (21) years of age who, because of significant 6314
developmental disabilities, complex communication needs, 6315
significant language or learning deficits or any combination of 6316
either, are unable to have their educational needs met 6317
appropriately in a regular or special education public school 6318
program within their local public school districts, a 6319
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state-supported university or college shall be authorized and 6320
empowered, in its discretion, to provide a program of education, 6321
instruction and training to such children, provided that such 6322
program shall operate under rules, regulations, policies and 6323
standards adopted by the State Department of Education, as 6324
provided for in Section 37-23-33. The opinion of a parent or 6325
guardian in regard to the provision of an appropriate special 6326
education program in or by their respective local public school 6327
district shall be considered before a placement decision is 6328
finalized. Parents of students enrolled in a local education 6329
agency (LEA) shall have any and all rights as provided in the 6330
Individuals with Disabilities Education Act, including, but not 6331
limited to, the right to equal participation in their child's 6332
Individualized Education Program (IEP), the right to require 6333
review of their child's IEP, and the right to appeal an IEP 6334
Committee decision immediately. The parent or guardian or local 6335
educational agency shall have the right to audio record the 6336
proceedings of individualized education program team meetings. 6337
The parent or guardian or local educational agency shall notify 6338
the members of the individualized education program team of his, 6339
her, or its intent to audio record a meeting at least twenty-four 6340
(24) hours prior to the meeting. 6341
(b) Instructors, including speech-language 6342
pathologists, educational audiologists and special and early 6343
childhood educators are qualified and empowered to serve as the 6344
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lead teacher for children enrolled within the state-supported 6345
university's or college's university-based program (UBP) through 6346
the IDEA-Part C and IDEA-Part B eligibility and placement process 6347
upon completing instructional licensure requirements for the 6348
purposes of funding MAEP special education teacher units. 6349
(c) Due to the significance of the needs of the 6350
children served through the UBP, general education setting 6351
requirements may not be applicable as the least restrictive 6352
environment. Students enrolled in a UBP by a LEA shall meet all 6353
state educational requirements, including participation in 6354
statewide assessments. Justification for placement decisions is 6355
determined in conjunction with the LEA through each child's IEP 6356
for ages three (3) to twenty-one (21). The UBP shall submit to 6357
the local education agency and the parents of the student in the 6358
program a progress report each semester on all IEP goals and 6359
objectives. The UBP and local education agency shall confer 6360
annually to develop the IEP for each student enrolled in the UBP. 6361
(2) Any state-supported university or college conducting a 6362
full-time medical teaching program acceptable to the State Board 6363
of Education may, at its discretion, enter into such contracts or 6364
agreements with any private school or nonprofit 6365
corporation-supported institution, the Mississippi School for the 6366
Deaf, or any state-supported institution, providing the special 6367
education contemplated by this section for such services, provided 6368
the private school or institution offering such services shall 6369
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have conducted a program of such services at standards acceptable 6370
to the State Department of Education for a period of at least one 6371
(1) year prior to the date at which the university or college 6372
proposes to enter into an agreement or contract for special 6373
educational services as described above. 6374
SECTION 49. Section 37-23-33, Mississippi Code of 1972, is 6375
brought forward as follows: 6376
37-23-33. (1) Such program of education, instruction and 6377
training as is provided for in Section 37-23-31 shall be furnished 6378
in such manner as shall be provided by rules and regulations 6379
adopted by the State Board of Education, which for such purposes 6380
shall have the full power to adopt such rules, regulations, 6381
policies and standards as it may deem necessary to carry out the 6382
purpose of Sections 37-23-31 through 37-23-35, including the 6383
establishment of qualifications consistent with the requirements 6384
of subsection (2) of this section for any teachers employed under 6385
the provisions thereof. It is expressly provided, however, that 6386
no program of education, instruction and training shall be 6387
furnished except in a university or college supported by the State 6388
of Mississippi and only in cases where such university or college 6389
shall consent thereto and shall provide any classroom space, 6390
furniture and facilities which may be deemed necessary in carrying 6391
out the provisions of those sections. 6392
(2) Speech-language pathologists, educational audiologists, 6393
and special and early childhood educators are qualified and 6394
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authorized to serve as the lead teacher for children enrolled in a 6395
university or college-based program through the IDEA-Part C and 6396
IDEA-Part B eligibility and placement process. Whenever 6397
communication is a primary area of concern on a child's 6398
Individualized Family Service Plan (IFSP) or Individualized 6399
Education Program (IEP), a speech-language pathologist or 6400
educational audiologist may serve as the lead instructor with an 6401
educator serving as a related service provider as necessary to 6402
meet the educational needs of the child. Speech-language 6403
pathologists and educational audiologists must undergo extensive 6404
college coursework in communication-based disorders impacting 6405
multiple areas of development, including cognition. The content 6406
of the college coursework must include typical and atypical 6407
development for ages birth through death. In addition to 6408
completing the college coursework, these instructional providers 6409
must meet all instructional licensure requirements as set forth by 6410
the State Department of Education for the purpose of funding MAEP 6411
special education teacher units. 6412
(3) The State Department of Education through its general 6413
supervision responsibilities set forth by the Office of Special 6414
Education Programs at the United States Department of Education, 6415
shall require that the program of education, instruction and 6416
training be designed to provide individualized appropriate special 6417
education and related services that enable a child to reach his or 6418
her appropriate and uniquely designed goals for success. 6419
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(4) A university- or college-based program must submit all 6420
reports and data required by the State Department of Education on 6421
the same or similar time schedule and in the same or similar 6422
manner that same or similar reports and data must be submitted to 6423
the department by local educational agencies. 6424
SECTION 50. Section 37-23-35, Mississippi Code of 1972, is 6425
brought forward as follows: 6426
37-23-35. (1) When any children who are residents of the 6427
State of Mississippi and qualify under the provisions of Section 6428
37-23-31, are provided a program of education, instruction and 6429
training within a school under the provisions of Section 37-23-31, 6430
the State Department of Education shall allocate one (1) teacher 6431
unit for each approved class. The allocation of funds for each 6432
teacher unit shall be based on the teacher's certification and 6433
shall be in accordance with Section 37-19-7. The department shall 6434
complete provisional teacher unit approval for university or 6435
college-based programs at the same time teacher units are approved 6436
for local educational agencies. The university or college shall 6437
be eligible for state and federal funds for such programs in 6438
accordance with IDEA. The university or college shall be 6439
responsible for providing for the additional costs of the program. 6440
(2) IDEA-Part B and preschool allocations for each LEA shall 6441
be determined and calculated by the State Department of Education 6442
with notification provided to the UBP of the total amount of funds 6443
being distributed to the LEA. The LEA and UBP shall enter into a 6444
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collaborative agreement that describes the services provided and 6445
the funds required for such services. 6446
(3) State funds for transportation, extended school year and 6447
teacher unit allocations, including National Board 6448
Certification/Speech-Language Pathology Supplements, shall be 6449
distributed by the State Department of Education directly to the 6450
state-supported university or college for students placed either 6451
through the Individualized Education Program (IEP) process or who 6452
are parentally placed. The university-based program (UBP) shall 6453
submit this information directly to the State Department of 6454
Education. 6455
SECTION 51. Section 37-57-1, Mississippi Code of 1972, is 6456
brought forward as follows: 6457
37-57-1. (1) (a) The boards of supervisors of the counties 6458
shall levy and collect all taxes for and on behalf of all school 6459
districts which were within the county school system or designated 6460
as special municipal separate school districts prior to July 1, 6461
1986. Such taxes shall be collected by the county tax collector 6462
at the same time and in the same manner as county taxes are 6463
collected by him, and the same penalties for delinquency shall be 6464
applicable. 6465
The governing authorities of the municipalities shall levy 6466
and collect all taxes for and on behalf of all school districts 6467
which were designated as municipal separate school districts prior 6468
to July 1, 1986. Such taxes shall be collected by the municipal 6469
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tax collector at the same time and in the same manner as municipal 6470
taxes are collected by him, and the same penalties for delinquency 6471
shall be applicable. 6472
Except as otherwise provided in Section 19-9-171, the county 6473
or municipal tax collector, as the case may be, shall pay such tax 6474
collections, except for taxes collected for the payment of the 6475
principal of and interest on school bonds or notes and except for 6476
taxes collected to defray collection costs, into the school 6477
depository and report to the school board of the appropriate 6478
school district at the same time and in the same manner as the tax 6479
collector makes his payments and reports of other taxes collected 6480
by him. 6481
However, the State Board of Education shall determine the 6482
appropriate levying authority for any school district created or 6483
reorganized after July 1, 1987. 6484
(b) For the purposes of this chapter and any other laws 6485
pertaining to taxes levied or bonds or notes issued for and on 6486
behalf of school districts, the term "levying authority" means the 6487
board of supervisors of the county or the governing authorities of 6488
the municipality, whichever levies taxes for and on behalf of the 6489
particular school district as provided in paragraphs (a) and (b) 6490
of this subsection. 6491
(2) The levying authority for the school district shall, at 6492
the same time and in the same manner as other taxes are levied by 6493
the levying authority, levy a tax of not less than twenty-eight 6494
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(28) mills for the then current fiscal year or a millage rate 6495
equivalent to twenty-seven percent (27%) of the total funding 6496
formula under Sections 37-151-200 through 37-151-215, whichever is 6497
a lesser amount, as certified to the school district by the State 6498
Department of Education, upon all of the taxable property of the 6499
school district. However, in no case shall the minimum local ad 6500
valorem tax effort for any school district be equal to an amount 6501
that would require a millage rate exceeding fifty-five (55) mills 6502
in that school district. However, if a levying authority is 6503
levying in excess of fifty-five (55) mills on July 1, 1997, the 6504
levying authority may levy an additional amount not exceeding 6505
three (3) mills in the aggregate for the period beginning July 1, 6506
1997, and ending June 30, 2003, subject to the limitation on 6507
increased receipts from ad valorem taxes prescribed in Sections 6508
37-57-105 and 37-57-107. Nothing in this subsection shall be 6509
construed to require any school district that is levying more than 6510
fifty-five (55) mills pursuant to Sections 37-57-1 and 37-57-105 6511
to decrease its millage rate to fifty-five (55) mills or less. In 6512
making such levy, the levying authority shall levy an additional 6513
amount sufficient to cover anticipated delinquencies and costs of 6514
collection so that the net amount of money to be produced by such 6515
levy shall be equal to the amount which the school district is 6516
required to contribute as its minimum local ad valorem tax effort. 6517
The tax so levied shall be collected by the tax collector at the 6518
same time and in the same manner as other ad valorem taxes are 6519
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collected by him. The amount of taxes so collected as a result of 6520
such levy shall be paid into the district maintenance fund of the 6521
school district by the tax collector at the same time and in the 6522
same manner as reports and payments of other ad valorem taxes are 6523
made by the tax collector, except that the amount collected to 6524
defray costs of collection may be paid into the county general 6525
fund. The levying authority shall have the power and authority to 6526
direct and cause warrants to be issued against such fund for the 6527
purpose of refunding any amount of taxes erroneously or illegally 6528
paid into such fund where such refund has been approved in the 6529
manner provided by law. 6530
SECTION 52. Section 27-65-75, Mississippi Code of 1972, is 6531
brought forward as follows: 6532
27-65-75. On or before the fifteenth day of each month, the 6533
revenue collected under the provisions of this chapter during the 6534
preceding month shall be paid and distributed as follows: 6535
(1) (a) On or before August 15, 1992, and each succeeding 6536
month thereafter through July 15, 1993, eighteen percent (18%) of 6537
the total sales tax revenue collected during the preceding month 6538
under the provisions of this chapter, except that collected under 6539
the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on 6540
business activities within a municipal corporation shall be 6541
allocated for distribution to the municipality and paid to the 6542
municipal corporation. Except as otherwise provided in this 6543
paragraph (a), on or before August 15, 1993, and each succeeding 6544
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month thereafter through August 15, 2025, eighteen and one-half 6545
percent (18-1/2%) of the total sales tax revenue collected during 6546
the preceding month under the provisions of this chapter, except 6547
that collected under the provisions of Sections 27-65-15, 6548
27-65-19(3), 27-65-21 and 27-65-24, on business activities within 6549
a municipal corporation shall be allocated for distribution to the 6550
municipality and paid to the municipal corporation. Except as 6551
otherwise provided in this paragraph (a), on or before September 6552
15, 2025, and each succeeding month thereafter, eighteen and 6553
one-half percent (18.5%) of the total sales tax revenue collected 6554
during the preceding month under this chapter, except that 6555
collected under Sections 27-65-15, 27-65-17(1)(n), 27-65-19(3), 6556
27-65-21 and 27-65-24, on business activities within a municipal 6557
corporation shall be allocated for distribution and paid to the 6558
municipal corporation. On or before September 15, 2025, and each 6559
succeeding month thereafter, twenty-five and nine-tenths percent 6560
(25.9%) of the total sales tax revenue collected during the 6561
preceding month under Section 27-65-17(1)(n) on business 6562
activities within a municipal corporation shall be allocated for 6563
distribution and paid to the municipal corporation. However, in 6564
the event the State Auditor issues a certificate of noncompliance 6565
pursuant to Section 21-35-31, the department shall withhold ten 6566
percent (10%) of the allocations and payments to the municipality 6567
that would otherwise be payable to the municipality under this 6568
paragraph (a) until such time that the department receives written 6569
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notice of the cancellation of a certificate of noncompliance from 6570
the State Auditor. 6571
A municipal corporation, for the purpose of distributing the 6572
tax under this subsection, shall mean and include all incorporated 6573
cities, towns and villages. 6574
Monies allocated for distribution and credited to a municipal 6575
corporation under this paragraph may be pledged as security for a 6576
loan if the distribution received by the municipal corporation is 6577
otherwise authorized or required by law to be pledged as security 6578
for such a loan. 6579
In any county having a county seat that is not an 6580
incorporated municipality, the distribution provided under this 6581
subsection shall be made as though the county seat was an 6582
incorporated municipality; however, the distribution to the 6583
municipality shall be paid to the county treasury in which the 6584
municipality is located, and those funds shall be used for road, 6585
bridge and street construction or maintenance in the county. 6586
(b) On or before August 15, 2006, and each succeeding 6587
month thereafter through August 15, 2025, eighteen and one-half 6588
percent (18-1/2%) of the total sales tax revenue collected during 6589
the preceding month under the provisions of this chapter, except 6590
that collected under the provisions of Sections 27-65-15, 6591
27-65-19(3) and 27-65-21, on business activities on the campus of 6592
a state institution of higher learning or community or junior 6593
college whose campus is not located within the corporate limits of 6594
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a municipality, shall be allocated for distribution to the state 6595
institution of higher learning or community or junior college and 6596
paid to the state institution of higher learning or community or 6597
junior college. On or before September 15, 2025, and each 6598
succeeding month thereafter, eighteen and one-half percent (18.5%) 6599
of the total sales tax revenue collected during the preceding 6600
month under this chapter, except that collected under Sections 6601
27-65-15, 27-65-17(1)(n), 27-65-19(3) and 27-65-21, on business 6602
activities on the campus of a state institution of higher learning 6603
or community or junior college whose campus is not located within 6604
the corporate limits of a municipality, shall be allocated for 6605
distribution and paid to the state institution of higher learning 6606
or community or junior college. On or before September 15, 2025, 6607
and each succeeding month thereafter, twenty-five and nine-tenths 6608
percent (25.9%) of the total sales tax revenue collected during 6609
the preceding month under Section 27-65-17(1)(n) on business 6610
activities on the campus of a state institution of higher learning 6611
or community or junior college whose campus is not located within 6612
the corporate limits of a municipality, shall be allocated for 6613
distribution and paid to the state institution of higher learning 6614
or community or junior college. 6615
(c) On or before August 15, 2018, and each succeeding 6616
month thereafter until August 14, 2019, two percent (2%) of the 6617
total sales tax revenue collected during the preceding month under 6618
the provisions of this chapter, except that collected under the 6619
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provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 6620
27-65-24, on business activities within the corporate limits of 6621
the City of Jackson, Mississippi, shall be deposited into the 6622
Capitol Complex Improvement District Project Fund created in 6623
Section 29-5-215. On or before August 15, 2019, and each 6624
succeeding month thereafter until August 14, 2020, four percent 6625
(4%) of the total sales tax revenue collected during the preceding 6626
month under the provisions of this chapter, except that collected 6627
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 6628
and 27-65-24, on business activities within the corporate limits 6629
of the City of Jackson, Mississippi, shall be deposited into the 6630
Capitol Complex Improvement District Project Fund created in 6631
Section 29-5-215. On or before August 15, 2020, and each 6632
succeeding month thereafter through July 15, 2023, six percent 6633
(6%) of the total sales tax revenue collected during the preceding 6634
month under the provisions of this chapter, except that collected 6635
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 6636
and 27-65-24, on business activities within the corporate limits 6637
of the City of Jackson, Mississippi, shall be deposited into the 6638
Capitol Complex Improvement District Project Fund created in 6639
Section 29-5-215. On or before August 15, 2023, and each 6640
succeeding month thereafter through August 15, 2025, nine percent 6641
(9%) of the total sales tax revenue collected during the preceding 6642
month under the provisions of this chapter, except that collected 6643
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 6644
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and 27-65-24, on business activities within the corporate limits 6645
of the City of Jackson, Mississippi, shall be deposited into the 6646
Capitol Complex Improvement District Project Fund created in 6647
Section 29-5-215. On or before September 15, 2025, and each 6648
succeeding month thereafter, nine percent (9%) of the total sales 6649
tax revenue collected during the preceding month under this 6650
chapter, except that collected under Sections 27-65-15, 6651
27-65-17(1)(n), 27-65-19(3), 27-65-21 and 27-65-24, on business 6652
activities within the corporate limits of the City of Jackson, 6653
Mississippi, shall be deposited into the Capitol Complex 6654
Improvement District Project Fund created in Section 27-5-215. On 6655
or before September 15, 2025, and each succeeding month 6656
thereafter, twelve and six-tenths percent (12.6%) of the total 6657
sales tax revenue collected during the preceding month under 6658
Section 27-65-17(1)(n) on business activities within the corporate 6659
limits of the City of Jackson, Mississippi, shall be deposited 6660
into the Capitol Complex Improvement District Project Fund created 6661
in Section 27-5-215. 6662
(d) (i) Except as otherwise provided in this paragraph 6663
(d), on or before the fifteenth day of the month that the 6664
diversion authorized by this section begins, and each succeeding 6665
month thereafter, eighteen and one-half percent (18-1/2%) of the 6666
total sales tax revenue collected during the preceding month under 6667
the provisions of this chapter, except that collected under the 6668
provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on 6669
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business activities within a redevelopment project area developed 6670
under a redevelopment plan adopted under the Tax Increment 6671
Financing Act (Section 21-45-1 et seq.) shall be allocated for 6672
distribution to the county in which the project area is located 6673
if: 6674
1. The county: 6675
a. Borders on the Mississippi Sound and 6676
the State of Alabama, or 6677
b. Is Harrison County, Mississippi, and 6678
the project area is within a radius of two (2) miles from the 6679
intersection of Interstate 10 and Menge Avenue; 6680
2. The county has issued bonds under Section 6681
21-45-9 to finance all or a portion of a redevelopment project in 6682
the redevelopment project area; 6683
3. Any debt service for the indebtedness 6684
incurred is outstanding; and 6685
4. A development with a value of Ten Million 6686
Dollars ($10,000,000.00) or more is, or will be, located in the 6687
redevelopment area. 6688
(ii) For a county that is eligible to receive 6689
funds under this paragraph (d), as determined by the department 6690
under this paragraph (d), from and after September 15, 2025, and 6691
each succeeding month thereafter, eighteen and one-half percent 6692
(18.5%) of the total sales tax revenue collected during the 6693
preceding month under this chapter, except that collected under 6694
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Sections 27-65-15, 27-65-17(1)(n), 27-65-19(3) and 27-65-21, on 6695
business activities within a redevelopment project area developed 6696
under a redevelopment plan adopted under the Tax Increment 6697
Financing Act (Section 21-45-1 et seq.) shall be allocated for 6698
distribution to the county in which the project is located, and 6699
twenty-five and nine-tenths percent (25.9%) of the total sales tax 6700
revenue collected during the preceding month under Section 6701
27-65-17(1)(n) shall be allocated for distribution to that county. 6702
(iii) Before any sales tax revenue may be 6703
allocated for distribution to a county under this paragraph (d), 6704
the county shall certify to the Department of Revenue that the 6705
requirements of this paragraph (d) have been met, the amount of 6706
bonded indebtedness that has been incurred by the county for the 6707
redevelopment project and the expected date the indebtedness 6708
incurred by the county will be satisfied. 6709
(iv) The diversion of sales tax revenue authorized 6710
by this paragraph (d) shall begin the month following the month in 6711
which the Department of Revenue determines that the requirements 6712
of this paragraph (d) have been met. The diversion shall end the 6713
month the indebtedness incurred by the county is satisfied. All 6714
revenue received by the county under this paragraph (d) shall be 6715
deposited in the fund required to be created in the tax increment 6716
financing plan under Section 21-45-11 and be utilized solely to 6717
satisfy the indebtedness incurred by the county. 6718
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(2) On or before September 15, 1987, and each succeeding 6719
month thereafter, from the revenue collected under this chapter 6720
during the preceding month, One Million One Hundred Twenty-five 6721
Thousand Dollars ($1,125,000.00) shall be allocated for 6722
distribution to municipal corporations as defined under subsection 6723
(1) of this section in the proportion that the number of gallons 6724
of gasoline and diesel fuel sold by distributors to consumers and 6725
retailers in each such municipality during the preceding fiscal 6726
year bears to the total gallons of gasoline and diesel fuel sold 6727
by distributors to consumers and retailers in municipalities 6728
statewide during the preceding fiscal year. The Department of 6729
Revenue shall require all distributors of gasoline and diesel fuel 6730
to report to the department monthly the total number of gallons of 6731
gasoline and diesel fuel sold by them to consumers and retailers 6732
in each municipality during the preceding month. The Department 6733
of Revenue shall have the authority to promulgate such rules and 6734
regulations as is necessary to determine the number of gallons of 6735
gasoline and diesel fuel sold by distributors to consumers and 6736
retailers in each municipality. In determining the percentage 6737
allocation of funds under this subsection for the fiscal year 6738
beginning July 1, 1987, and ending June 30, 1988, the Department 6739
of Revenue may consider gallons of gasoline and diesel fuel sold 6740
for a period of less than one (1) fiscal year. For the purposes 6741
of this subsection, the term "fiscal year" means the fiscal year 6742
beginning July 1 of a year. 6743
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(3) On or before September 15, 1987, and on or before the 6744
fifteenth day of each succeeding month, until the date specified 6745
in Section 65-39-35, the proceeds derived from contractors' taxes 6746
levied under Section 27-65-21 on contracts for the construction or 6747
reconstruction of highways designated under the highway program 6748
created under Section 65-3-97 shall, except as otherwise provided 6749
in Section 31-17-127, be deposited into the State Treasury to the 6750
credit of the State Highway Fund to be used to fund that highway 6751
program. The Mississippi Department of Transportation shall 6752
provide to the Department of Revenue such information as is 6753
necessary to determine the amount of proceeds to be distributed 6754
under this subsection. 6755
(4) On or before August 15, 1994, and on or before the 6756
fifteenth day of each succeeding month through July 15, 1999, from 6757
the proceeds of gasoline, diesel fuel or kerosene taxes as 6758
provided in Section 27-5-101(a)(ii)1, Four Million Dollars 6759
($4,000,000.00) shall be deposited in the State Treasury to the 6760
credit of a special fund designated as the "State Aid Road Fund," 6761
created by Section 65-9-17. On or before August 15, 1999, and on 6762
or before the fifteenth day of each succeeding month through 6763
August 15, 2026, from the total amount of the proceeds of 6764
gasoline, diesel fuel or kerosene taxes apportioned by Section 6765
27-5-101(a)(ii)1, Four Million Dollars ($4,000,000.00) or an 6766
amount equal to twenty-three and one-fourth percent (23-1/4%) of 6767
those funds, whichever is the greater amount, shall be deposited 6768
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in the State Treasury to the credit of the "State Aid Road Fund," 6769
created by Section 65-9-17. After August 15, 2025, from the total 6770
amount of the proceeds of gasoline, diesel fuel or kerosene taxes 6771
apportioned by Section 27-5-101(a)(ii)1 and (iii), Five Million 6772
Dollars ($5,000,000.00) or an amount equal to twenty-three and 6773
one-fourth percent (23-1/4%) of those funds, whichever is greater, 6774
shall be deposited in the State Treasury to the credit of the 6775
"State Aid Road Fund" on or before September 15, 2025, and on or 6776
before the fifteenth day of each succeeding month through August 6777
15, 2026, and Six Million Five Hundred Thousand Dollars 6778
($6,500,000.00) or an amount equal to twenty-three and one-fourth 6779
percent (23-1/4%) of those funds, whichever is greater, shall be 6780
deposited in the State Treasury to the credit of the "State Aid 6781
Road Fund" on or before September 15, 2026, and on or before the 6782
fifteenth day of each succeeding month through August 15, 2027, 6783
and Eight Million Dollars ($8,000,000.00) or an amount equal to 6784
twenty-three and one-fourth percent (23-1/4%) of those funds, 6785
whichever is greater, shall be deposited in the State Treasury to 6786
the credit of the "State Aid Road Fund" on or before September 15, 6787
2027, and on or before the fifteenth day of each succeeding month. 6788
From the amount of taxes paid into the special fund under this 6789
subsection and subsection (9) of this section, there shall be 6790
first deducted and paid the amount necessary to pay the expenses 6791
of the Office of State Aid Road Construction, as authorized by the 6792
Legislature for all other general and special fund agencies. The 6793
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remainder of the funds shall be allocated monthly to the several 6794
counties in accordance with the following formula: 6795
(a) One-third (1/3) shall be allocated to all counties 6796
in equal shares; 6797
(b) One-third (1/3) shall be allocated to counties 6798
based on the proportion that the total number of rural road miles 6799
in a county bears to the total number of rural road miles in all 6800
counties of the state; and 6801
(c) One-third (1/3) shall be allocated to counties 6802
based on the proportion that the rural population of the county 6803
bears to the total rural population in all counties of the state, 6804
according to the latest federal decennial census. 6805
For the purposes of this subsection, the term "gasoline, 6806
diesel fuel or kerosene taxes" means such taxes as defined in 6807
paragraph (f) of Section 27-5-101. 6808
The amount of funds allocated to any county under this 6809
subsection for any fiscal year after fiscal year 1994 shall not be 6810
less than the amount allocated to the county for fiscal year 1994. 6811
Any reference in the general laws of this state or the 6812
Mississippi Code of 1972 to Section 27-5-105 shall mean and be 6813
construed to refer and apply to subsection (4) of Section 6814
27-65-75. 6815
(5) On or before August 15, 2024, and each succeeding month 6816
thereafter, One Million Six Hundred Sixty-six Thousand Six Hundred 6817
Sixty-six Dollars ($1,666,666.00) shall be paid into the special 6818
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fund known as the Education Enhancement Fund created and existing 6819
under the provisions of Section 37-61-33. 6820
(6) An amount each month beginning August 15, 1983, through 6821
November 15, 1986, as specified in Section 6, Chapter 542, Laws of 6822
1983, shall be paid into the special fund known as the 6823
Correctional Facilities Construction Fund created in Section 6, 6824
Chapter 542, Laws of 1983. 6825
(7) On or before August 15, 1992, and each succeeding month 6826
thereafter through July 15, 2000, two and two hundred sixty-six 6827
one-thousandths percent (2.266%) of the total sales tax revenue 6828
collected during the preceding month under the provisions of this 6829
chapter, except that collected under the provisions of Section 6830
27-65-17(2), shall be deposited by the department into the School 6831
Ad Valorem Tax Reduction Fund created under Section 37-61-35. On 6832
or before August 15, 2000, and each succeeding month thereafter 6833
through August 15, 2025, two and two hundred sixty-six 6834
one-thousandths percent (2.266%) of the total sales tax revenue 6835
collected during the preceding month under the provisions of this 6836
chapter, except that collected under the provisions of Section 6837
27-65-17(2), shall be deposited into the School Ad Valorem Tax 6838
Reduction Fund created under Section 37-61-35 until such time that 6839
the total amount deposited into the fund during a fiscal year 6840
equals Forty-two Million Dollars ($42,000,000.00). Thereafter, 6841
the amounts diverted under this subsection (7) during the fiscal 6842
year in excess of Forty-two Million Dollars ($42,000,000.00) shall 6843
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be deposited into the Education Enhancement Fund created under 6844
Section 37-61-33 for appropriation by the Legislature as other 6845
education needs and shall not be subject to the percentage 6846
appropriation requirements set forth in Section 37-61-33. On or 6847
before September 15, 2025, and each succeeding month thereafter, 6848
two and two hundred sixty-six one-thousandths percent (2.266%) of 6849
the total sales tax revenue collected during the preceding month 6850
under this chapter, except that collected under Section 6851
27-65-17(1)(n) and (2), and three and seventeen one-hundredths 6852
percent (3.17%) of the total sales tax revenue collected during 6853
the preceding month under Section 27-65-17(1)(n), shall be 6854
deposited into the School Ad Valorem Tax Reduction Fund created 6855
under Section 37-61-35 until such time that the total amount 6856
deposited into the fund during a fiscal year equals Forty-two 6857
Million Dollars ($42,000,000.00). Thereafter, the amounts 6858
diverted under this subsection (7) during the fiscal year in 6859
excess of Forty-two Million Dollars ($42,000,000.00) shall be 6860
deposited into the Education Enhancement Fund created under 6861
Section 37-61-33 for appropriation by the Legislature as other 6862
education needs and shall not be subject to the percentage 6863
appropriation requirements set forth in Section 37-61-33. 6864
(8) On or before August 15, 1992, and each succeeding month 6865
thereafter through August 15, 2025, nine and seventy-three 6866
one-thousandths percent (9.073%) of the total sales tax revenue 6867
collected during the preceding month under the provisions of this 6868
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chapter, except that collected under the provisions of Section 6869
27-65-17(2), shall be deposited into the Education Enhancement 6870
Fund created under Section 37-61-33. On or before September 15, 6871
2025, and each succeeding month thereafter, nine and seventy-three 6872
one-thousandths percent (9.073%) of the total sales tax revenue 6873
collected during the preceding month under this chapter, except 6874
that collected under Section 27-65-17(1)(n) and (2), and twelve 6875
and seven-tenths percent (12.7%) of the total sales tax revenue 6876
collected during the preceding month under Section 27-65-17(1)(n), 6877
shall be deposited into the Education Enhancement Fund created 6878
under Section 37-61-33. 6879
(9) On or before August 15, 1994, and each succeeding month 6880
thereafter, from the revenue collected under this chapter during 6881
the preceding month, Two Hundred Fifty Thousand Dollars 6882
($250,000.00) shall be paid into the State Aid Road Fund. 6883
(10) On or before August 15, 1994, and each succeeding month 6884
thereafter through August 15, 1995, from the revenue collected 6885
under this chapter during the preceding month, Two Million Dollars 6886
($2,000,000.00) shall be deposited into the Motor Vehicle Ad 6887
Valorem Tax Reduction Fund established in Section 27-51-105. 6888
(11) Notwithstanding any other provision of this section to 6889
the contrary, on or before February 15, 1995, and each succeeding 6890
month thereafter, the sales tax revenue collected during the 6891
preceding month under the provisions of Section 27-65-17(2) and 6892
the corresponding levy in Section 27-65-23 on the rental or lease 6893
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of private carriers of passengers and light carriers of property 6894
as defined in Section 27-51-101 shall be deposited, without 6895
diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund 6896
established in Section 27-51-105. 6897
(12) Notwithstanding any other provision of this section to 6898
the contrary, on or before August 15, 1995, and each succeeding 6899
month thereafter, the sales tax revenue collected during the 6900
preceding month under the provisions of Section 27-65-17(1) on 6901
retail sales of private carriers of passengers and light carriers 6902
of property, as defined in Section 27-51-101 and the corresponding 6903
levy in Section 27-65-23 on the rental or lease of these vehicles, 6904
shall be deposited, after diversion, into the Motor Vehicle Ad 6905
Valorem Tax Reduction Fund established in Section 27-51-105. 6906
(13) On or before July 15, 1994, and on or before the 6907
fifteenth day of each succeeding month thereafter, that portion of 6908
the avails of the tax imposed in Section 27-65-22 that is derived 6909
from activities held on the Mississippi State Fairgrounds Complex 6910
shall be paid into a special fund that is created in the State 6911
Treasury and shall be expended upon legislative appropriation 6912
solely to defray the costs of repairs and renovation at the Trade 6913
Mart and Coliseum. 6914
(14) On or before August 15, 1998, and each succeeding month 6915
thereafter through July 15, 2005, that portion of the avails of 6916
the tax imposed in Section 27-65-23 that is derived from sales by 6917
cotton compresses or cotton warehouses and that would otherwise be 6918
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paid into the General Fund shall be deposited in an amount not to 6919
exceed Two Million Dollars ($2,000,000.00) into the special fund 6920
created under Section 69-37-39. On or before August 15, 2007, and 6921
each succeeding month thereafter through July 15, 2010, that 6922
portion of the avails of the tax imposed in Section 27-65-23 that 6923
is derived from sales by cotton compresses or cotton warehouses 6924
and that would otherwise be paid into the General Fund shall be 6925
deposited in an amount not to exceed Two Million Dollars 6926
($2,000,000.00) into the special fund created under Section 6927
69-37-39 until all debts or other obligations incurred by the 6928
Certified Cotton Growers Organization under the Mississippi Boll 6929
Weevil Management Act before January 1, 2007, are satisfied in 6930
full. On or before August 15, 2010, and each succeeding month 6931
thereafter through July 15, 2011, fifty percent (50%) of that 6932
portion of the avails of the tax imposed in Section 27-65-23 that 6933
is derived from sales by cotton compresses or cotton warehouses 6934
and that would otherwise be paid into the General Fund shall be 6935
deposited into the special fund created under Section 69-37-39 6936
until such time that the total amount deposited into the fund 6937
during a fiscal year equals One Million Dollars ($1,000,000.00). 6938
On or before August 15, 2011, and each succeeding month 6939
thereafter, that portion of the avails of the tax imposed in 6940
Section 27-65-23 that is derived from sales by cotton compresses 6941
or cotton warehouses and that would otherwise be paid into the 6942
General Fund shall be deposited into the special fund created 6943
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under Section 69-37-39 until such time that the total amount 6944
deposited into the fund during a fiscal year equals One Million 6945
Dollars ($1,000,000.00). 6946
(15) Notwithstanding any other provision of this section to 6947
the contrary, on or before September 15, 2000, and each succeeding 6948
month thereafter, the sales tax revenue collected during the 6949
preceding month under the provisions of Section 6950
27-65-19(1)(d)(i)2, and 27-65-19(1)(d)(i)3 shall be deposited, 6951
without diversion, into the Telecommunications Ad Valorem Tax 6952
Reduction Fund established in Section 27-38-7. 6953
(16) (a) On or before August 15, 2000, and each succeeding 6954
month thereafter, the sales tax revenue collected during the 6955
preceding month under the provisions of this chapter on the gross 6956
proceeds of sales of a project as defined in Section 57-30-1 shall 6957
be deposited, after all diversions except the diversion provided 6958
for in subsection (1) of this section, into the Sales Tax 6959
Incentive Fund created in Section 57-30-3. 6960
(b) On or before August 15, 2007, and each succeeding 6961
month thereafter, eighty percent (80%) of the sales tax revenue 6962
collected during the preceding month under the provisions of this 6963
chapter from the operation of a tourism project under the 6964
provisions of Sections 57-26-1 through 57-26-5, shall be 6965
deposited, after the diversions required in subsections (7) and 6966
(8) of this section, into the Tourism Project Sales Tax Incentive 6967
Fund created in Section 57-26-3. 6968
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(17) Notwithstanding any other provision of this section to 6969
the contrary, on or before April 15, 2002, and each succeeding 6970
month thereafter, the sales tax revenue collected during the 6971
preceding month under Section 27-65-23 on sales of parking 6972
services of parking garages and lots at airports shall be 6973
deposited, without diversion, into the special fund created under 6974
Section 27-5-101(d). 6975
(18) [Repealed] 6976
(19) (a) On or before August 15, 2005, and each succeeding 6977
month thereafter, the sales tax revenue collected during the 6978
preceding month under the provisions of this chapter on the gross 6979
proceeds of sales of a business enterprise located within a 6980
redevelopment project area under the provisions of Sections 6981
57-91-1 through 57-91-11, and the revenue collected on the gross 6982
proceeds of sales from sales made to a business enterprise located 6983
in a redevelopment project area under the provisions of Sections 6984
57-91-1 through 57-91-11 (provided that such sales made to a 6985
business enterprise are made on the premises of the business 6986
enterprise), shall, except as otherwise provided in this 6987
subsection (19), be deposited, after all diversions, into the 6988
Redevelopment Project Incentive Fund as created in Section 6989
57-91-9. 6990
(b) For a municipality participating in the Economic 6991
Redevelopment Act created in Sections 57-91-1 through 57-91-11, 6992
the diversion provided for in subsection (1) of this section 6993
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attributable to the gross proceeds of sales of a business 6994
enterprise located within a redevelopment project area under the 6995
provisions of Sections 57-91-1 through 57-91-11, and attributable 6996
to the gross proceeds of sales from sales made to a business 6997
enterprise located in a redevelopment project area under the 6998
provisions of Sections 57-91-1 through 57-91-11 (provided that 6999
such sales made to a business enterprise are made on the premises 7000
of the business enterprise), shall be deposited into the 7001
Redevelopment Project Incentive Fund as created in Section 7002
57-91-9, as follows: 7003
(i) For the first six (6) years in which payments 7004
are made to a developer from the Redevelopment Project Incentive 7005
Fund, one hundred percent (100%) of the diversion shall be 7006
deposited into the fund; 7007
(ii) For the seventh year in which such payments 7008
are made to a developer from the Redevelopment Project Incentive 7009
Fund, eighty percent (80%) of the diversion shall be deposited 7010
into the fund; 7011
(iii) For the eighth year in which such payments 7012
are made to a developer from the Redevelopment Project Incentive 7013
Fund, seventy percent (70%) of the diversion shall be deposited 7014
into the fund; 7015
(iv) For the ninth year in which such payments are 7016
made to a developer from the Redevelopment Project Incentive Fund, 7017
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sixty percent (60%) of the diversion shall be deposited into the 7018
fund; and 7019
(v) For the tenth year in which such payments are 7020
made to a developer from the Redevelopment Project Incentive Fund, 7021
fifty percent (50%) of the funds shall be deposited into the fund. 7022
(20) On or before January 15, 2007, and each succeeding 7023
month thereafter, eighty percent (80%) of the sales tax revenue 7024
collected during the preceding month under the provisions of this 7025
chapter from the operation of a tourism project under the 7026
provisions of Sections 57-28-1 through 57-28-5 shall be deposited, 7027
after the diversions required in subsections (7) and (8) of this 7028
section, into the Tourism Sales Tax Incentive Fund created in 7029
Section 57-28-3. 7030
(21) (a) On or before April 15, 2007, and each succeeding 7031
month thereafter through June 15, 2013, One Hundred Fifty Thousand 7032
Dollars ($150,000.00) of the sales tax revenue collected during 7033
the preceding month under the provisions of this chapter shall be 7034
deposited into the MMEIA Tax Incentive Fund created in Section 7035
57-101-3. 7036
(b) On or before July 15, 2013, and each succeeding 7037
month thereafter, One Hundred Fifty Thousand Dollars ($150,000.00) 7038
of the sales tax revenue collected during the preceding month 7039
under the provisions of this chapter shall be deposited into the 7040
Mississippi Development Authority Job Training Grant Fund created 7041
in Section 57-1-451. 7042
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(22) On or before June 1, 2024, and each succeeding month 7043
thereafter until December 31, 2057, an amount determined annually 7044
by the Mississippi Development Authority of the sales tax revenue 7045
collected during the preceding month under the provisions of this 7046
chapter shall be deposited into the MMEIA Tax Incentive Fund 7047
created in Section 57-125-3. This amount shall be based on 7048
estimated payments due within the upcoming year to construction 7049
contractors pursuant to construction contracts subject to the tax 7050
imposed by Section 27-65-21 for construction to be performed on 7051
the project site of a project defined under Section 7052
57-75-5(f)(xxxiii) for the coming year. 7053
(23) Notwithstanding any other provision of this section to 7054
the contrary, on or before August 15, 2009, and each succeeding 7055
month thereafter, the sales tax revenue collected during the 7056
preceding month under the provisions of Section 27-65-201 shall be 7057
deposited, without diversion, into the Motor Vehicle Ad Valorem 7058
Tax Reduction Fund established in Section 27-51-105. 7059
(24) (a) On or before August 15, 2019, and each month 7060
thereafter through July 15, 2020, one percent (1%) of the total 7061
sales tax revenue collected during the preceding month from 7062
restaurants and hotels shall be allocated for distribution to the 7063
Mississippi Development Authority Tourism Advertising Fund 7064
established under Section 57-1-64, to be used exclusively for the 7065
purpose stated therein. On or before August 15, 2020, and each 7066
month thereafter through July 15, 2021, two percent (2%) of the 7067
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total sales tax revenue collected during the preceding month from 7068
restaurants and hotels shall be allocated for distribution to the 7069
Mississippi Development Authority Tourism Advertising Fund 7070
established under Section 57-1-64, to be used exclusively for the 7071
purpose stated therein. On or before August 15, 2021, and each 7072
month thereafter, three percent (3%) of the total sales tax 7073
revenue collected during the preceding month from restaurants and 7074
hotels shall be allocated for distribution to the Mississippi 7075
Development Authority Tourism Advertising Fund established under 7076
Section 57-1-64, to be used exclusively for the purpose stated 7077
therein. The revenue diverted pursuant to this subsection shall 7078
not be available for expenditure until February 1, 2020. 7079
(b) The Joint Legislative Committee on Performance 7080
Evaluation and Expenditure Review (PEER) must provide an annual 7081
report to the Legislature indicating the amount of funds deposited 7082
into the Mississippi Development Authority Tourism Advertising 7083
Fund established under Section 57-1-64, and a detailed record of 7084
how the funds are spent. 7085
(25) The remainder of the amounts collected under the 7086
provisions of this chapter shall be paid into the State Treasury 7087
to the credit of the General Fund. 7088
(26) (a) It shall be the duty of the municipal officials of 7089
any municipality that expands its limits, or of any community that 7090
incorporates as a municipality, to notify the commissioner of that 7091
action thirty (30) days before the effective date. Failure to so 7092
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notify the commissioner shall cause the municipality to forfeit 7093
the revenue that it would have been entitled to receive during 7094
this period of time when the commissioner had no knowledge of the 7095
action. 7096
(b) (i) Except as otherwise provided in subparagraph 7097
(ii) of this paragraph, if any funds have been erroneously 7098
disbursed to any municipality or any overpayment of tax is 7099
recovered by the taxpayer, the commissioner may make correction 7100
and adjust the error or overpayment with the municipality by 7101
withholding the necessary funds from any later payment to be made 7102
to the municipality. 7103
(ii) Subject to the provisions of Sections 7104
27-65-51 and 27-65-53, if any funds have been erroneously 7105
disbursed to a municipality under subsection (1) of this section 7106
for a period of three (3) years or more, the maximum amount that 7107
may be recovered or withheld from the municipality is the total 7108
amount of funds erroneously disbursed for a period of three (3) 7109
years beginning with the date of the first erroneous disbursement. 7110
However, if during such period, a municipality provides written 7111
notice to the Department of Revenue indicating the erroneous 7112
disbursement of funds, then the maximum amount that may be 7113
recovered or withheld from the municipality is the total amount of 7114
funds erroneously disbursed for a period of one (1) year beginning 7115
with the date of the first erroneous disbursement. 7116
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SECTION 53. Section 1-3-26, Mississippi Code of 1972, is 7117
brought forward as follows: 7118
1-3-26. Wherever the phrase "minimum education program," 7119
"minimum program," "minimum foundation program," "Mississippi 7120
Adequate Education Program," "adequate education program," or 7121
"MAEP" shall appear in the laws of this state, it shall be 7122
construed to mean the "total funding formula" created under 7123
Chapter 151, Title 37, Mississippi Code of 1972. 7124
SECTION 54. Section 25-4-29, Mississippi Code of 1972, is 7125
brought forward as follows: 7126
25-4-29. (1) Required statements hereunder shall be filed 7127
as follows: 7128
(a) Every incumbent public official required by 7129
paragraphs (a), (b), (d) and (e) of Section 25-4-25 to file a 7130
statement of economic interest shall file such statement with the 7131
commission on or before May 1 of each year that such official 7132
holds office, regardless of duration; 7133
(b) Candidates for office required to file a statement 7134
hereunder shall file such statement within fifteen (15) days after 7135
the deadline for qualification for that public office; 7136
(c) Persons who are required to file a statement 7137
because of appointment to fill a vacancy in an office or required 7138
to file under Section 25-4-25(d) and (e) shall file such statement 7139
within thirty (30) days of their appointment; 7140
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(d) No person by reason of successful candidacy or 7141
assuming additional offices shall be required to file more than 7142
one (1) statement of economic interest in any calendar year, 7143
except such official shall notify the commission as soon as 7144
practicable of additional offices not previously reported; and 7145
(e) The commission may, on an individual case basis, 7146
provide for additional time to file a statement upon a showing 7147
that compliance with a filing date set out under paragraph (a), 7148
(b), (c) or (d) above would work an unreasonable hardship. 7149
(2) Any person who fails to file a statement of economic 7150
interest within thirty (30) days of the date the statement is due 7151
shall be deemed delinquent by the commission. The commission 7152
shall give written notice of the delinquency to the person by 7153
United States mail or by personal service of process. If within 7154
fifteen (15) days of receiving written notice of delinquency the 7155
delinquent filer has not filed the statement of economic interest, 7156
a fine of Fifty Dollars ($50.00) per day, not to exceed a total 7157
fine of One Thousand Dollars ($1,000.00), shall be assessed 7158
against the delinquent filer for each day thereafter in which the 7159
statement of economic interest is not properly filed. The 7160
commission shall enroll such assessment as a civil judgment with 7161
the circuit clerk in the delinquent filer's county of residence. 7162
The commission may enforce the judgment for the benefit of the 7163
State General Fund for the support of the total funding formula 7164
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fund provided for in Sections 37-151-200 through 37-151-215 in the 7165
same manner as is prescribed for other civil judgments. 7166
SECTION 55. Section 27-25-706, Mississippi Code of 1972, is 7167
brought forward as follows: 7168
27-25-706. The board of supervisors of any county in the 7169
State of Mississippi bordering on the Pearl River and having a 7170
population according to the 1970 census of not less than forty 7171
thousand (40,000) and not more than fifty thousand (50,000), and 7172
through which Interstate Highway 20 runs, and wherein there is 7173
being constructed or has been constructed a plant for the 7174
extracting of sulphur from natural gas, and the board of 7175
supervisors of any county in the State of Mississippi bordering on 7176
the Pearl River and having a population according to the 1970 7177
census of not less than nineteen thousand (19,000) and not more 7178
than twenty-one thousand (21,000) and wherein U.S. Highway 49 and 7179
Mississippi Highway 28 intersect and wherein there is being 7180
constructed or has been constructed a plant for the extracting of 7181
sulphur from natural gas, are hereby authorized and empowered, in 7182
their discretion, to pledge all or any part of the county's share 7183
of the severance tax on gas extracted, handled or processed 7184
through such extraction plant, as additional security for the 7185
payment of bonds issued for the purpose of constructing, 7186
reconstructing, overlaying and/or repairing, an access road or 7187
roads or publicly owned railroads to and from such sulphur 7188
extraction plant. The amount so pledged for the payment of the 7189
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principal of and the interest on such bonds shall be deducted and 7190
set aside by such board of supervisors prior to the distribution 7191
of such severance taxes in the manner provided by law, and only 7192
the amount of such severance taxes remaining after such deduction 7193
shall be subject to such distribution. The board of supervisors 7194
in such counties may pledge only up to fifty percent (50%) of such 7195
severance taxes as their respective county may receive to retire 7196
the bonds and interest pursuant to the authority of this section. 7197
The required local contribution of said counties to the cost of 7198
the total funding formula provided for in Sections 37-151-200 7199
through 37-151-215 shall not be reduced nor shall the obligation 7200
of the state under the total funding formula to said counties be 7201
increased because of this section. 7202
Such bonds shall be issued under the provisions of Sections 7203
19-9-1 through 19-9-19. 7204
SECTION 56. Section 27-33-3, Mississippi Code of 1972, is 7205
brought forward as follows: 7206
27-33-3. In order to recognize and give effect to the 7207
principle of tax-free homes as a public policy in Mississippi, to 7208
encourage home building and ownership, and to give additional 7209
security to family groups, it is hereby declared that homes 7210
legally assessed on the land roll, owned and actually occupied as 7211
a home by bona fide residents of this state, who are heads of 7212
families, shall be exempt from the ad valorem taxes herein 7213
enumerated, on not in excess of Seven Thousand Five Hundred 7214
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Dollars ($7,500.00) of the assessed value including an area of 7215
land not in excess of that specified hereinafter in this article. 7216
The exemption from taxes shall be limited to the following: 7217
(a) All homeowners who are heads of families and who 7218
qualify under the provisions of this article shall be exempt from 7219
taxes levied in 1983 and payable in 1984 and from taxes levied in 7220
1984 and payable in 1985 as follows: 7221
(i) The ad valorem taxes levied by counties 7222
pursuant to Section 27-39-329. Amounts so exempted shall not be 7223
reimbursed by the state. 7224
(ii) Ad valorem taxes levied for maintenance and 7225
current expenses by or for a county as authorized by Section 7226
27-39-303, but the levy for such purpose in any year for which 7227
reimbursement is to be made shall not exceed the millage levied 7228
for such purpose for the 1984 fiscal year; or a levy for county 7229
roads or a road district as authorized by Section 27-39-305; or a 7230
levy for constructing and maintaining all bridges and culverts as 7231
authorized by Section 65-15-7, but the levy for either or both of 7232
such purposes for which reimbursement is to be made shall not in 7233
any event exceed seven (7) mills in any year; the levy for the 7234
support of the total funding formula fund to produce the minimum 7235
local ad valorem tax effort required of a school district by 7236
Section 37-57-1, and the supplementary school district tax levy 7237
for the support and maintenance of schools as authorized by 7238
Section 37-57-105; provided, however, that the total of the levies 7239
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made under said Sections 37-57-1 and 37-57-105, which shall be 7240
exempt under this article, shall be limited to twenty (20) mills 7241
for any affected property area, and in the event the total of such 7242
levies should exceed twenty (20) mills for any affected property 7243
area, the excess shall not be exempt under this article, and in 7244
such case, the levy for the support of the total funding formula 7245
shall have priority as an exempt levy; 7246
(iii) Ad valorem taxes levied for the support and 7247
maintenance of agricultural high schools within the limits and as 7248
authorized by Section 37-27-3, and ad valorem taxes levied for the 7249
support of community or junior colleges within the limits and as 7250
authorized by subsection (2) of Section 37-29-141; provided, 7251
however, that the exemption from taxation and reimbursement for 7252
tax loss for agricultural high schools and community or junior 7253
colleges, or any combination of same, shall not exceed three (3) 7254
mills in any one (1) year for any one (1) county; 7255
(iv) Ad valorem taxes levied for the support of 7256
the total funding formula provided for in Sections 37-151-200 7257
through 37-151-215 in a municipal separate school district to 7258
produce the minimum local ad valorem tax effort required of such 7259
municipal separate school district as authorized by Section 7260
37-57-1, and the supplementary tax levy for the support and 7261
maintenance of the schools of a municipal separate school district 7262
as authorized by Section 37-57-105; provided, however, the total 7263
of the levies made under said Sections 37-57-1 and 37-57-105 which 7264
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shall be exempt under this article shall be limited to fifteen 7265
(15) mills for any affected property area, except in those special 7266
municipal separate school districts as provided by Sections 7267
37-7-701 through 37-7-743, the total of the levies made under 7268
Sections 37-7-739 and 37-57-105 for such special municipal 7269
separate school district which shall be exempt under this article 7270
shall not exceed twenty (20) mills, and in the event the total of 7271
such levies should exceed fifteen (15) mills for any affected 7272
property area, or twenty (20) mills in the case of a special 7273
municipal separate school district, the excess shall not be exempt 7274
under this article, and, in such case, the levy for the support of 7275
the total funding formula in the municipal separate school 7276
district shall have priority as an exempt levy; 7277
(v) In the event any law referred to in this 7278
section is amended so as to authorize an increase in the tax levy 7279
for any purposes, such increase in the levy shall be applied to 7280
and taxes collected from the property owners on the entire 7281
assessed value of exempted homes; and the tax loss resulting from 7282
such increase shall not be reimbursed under the provisions of the 7283
Homestead Exemption Law, unless such law clearly specifies that 7284
the exempted assessed value of homes is exempt from such increase; 7285
(vi) Ad valorem taxes levied under Sections 7286
65-15-7 and 65-15-21 shall be used solely for purposes levied. 7287
(b) Those homeowners who qualify for the exemptions 7288
provided for in subsection (a) of this section and who have 7289
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reached the age of sixty-five (65) years on or before January 1 of 7290
the year for which the exemption is claimed; and 7291
service-connected, totally disabled American veterans who were 7292
honorably discharged from military service, upon presentation of 7293
proper proof of eligibility shall be exempt from any and all ad 7294
valorem taxes, including the forest acreage tax authorized by 7295
Section 49-19-115, on homesteads not in excess of Seven Thousand 7296
Five Hundred Dollars ($7,500.00) of assessed value thereof; 7297
provided, however, that property owned jointly by husband and wife 7298
and property owned in fee simple by either spouse shall be 7299
eligible for this exemption in full if either spouse fulfills the 7300
age or disability requirement. On all other jointly owned 7301
property the amount of the allowable exemption shall be determined 7302
on the basis of each individual joint owner's qualifications and 7303
pro rata share of the property. 7304
(c) Those homeowners who qualify for the exemptions 7305
provided for in subsection (a) of this section and who would be 7306
classified as disabled under the Federal Social Security Act (42 7307
USCS Section 416(i)), upon presentation of proper proof of 7308
eligibility shall be exempt from any and all ad valorem taxes, 7309
including the forest acreage tax authorized by Section 49-19-115, 7310
on homesteads not in excess of Seven Thousand Five Hundred Dollars 7311
($7,500.00) of assessed value thereof; provided, however, that 7312
property owned jointly by husband and wife and property owned in 7313
fee simple by either spouse shall be eligible for this exemption 7314
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in full if either spouse fulfills the disability requirement. On 7315
all other jointly owned property, the amount of the allowable 7316
exemption shall be determined on the basis of each individual 7317
joint owner's qualifications and pro rata share of the property. 7318
(d) Homeowners who qualify for exemption under 7319
subsection (c) of this section will not be included in the 7320
limitations of Section 27-33-59(e). 7321
Reimbursement by the State of Mississippi to the various 7322
taxing units for the tax losses incurred because of the additional 7323
exemptions provided for under these subsections shall be made in 7324
accordance with the procedures outlined in Section 27-33-41. 7325
This section shall not apply to claims for homestead 7326
exemptions filed in any calendar year subsequent to the 1984 7327
calendar year. 7328
SECTION 57. Section 29-3-47, Mississippi Code of 1972, is 7329
brought forward as follows: 7330
29-3-47. For its services the State Forestry Commission 7331
shall be entitled to receive its actual expenses incurred in the 7332
discharge of the duties herein imposed. In order to provide funds 7333
with which to pay for the general supervision and sale of forest 7334
products, fifteen percent (15%) of all receipts from the sales of 7335
forest products shall be placed by the board in a Forestry Escrow 7336
Fund and reserved to pay for work performed by the State Forestry 7337
Commission. Such payments shall be equal to the actual expenses 7338
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incurred by the commission as substantiated by itemized bills 7339
presented to the board. 7340
Money in the Forestry Escrow Fund may be used to pay for any 7341
forestry work authorized during the period of the agreement and 7342
shall not be subject to lapse by reason of county budget 7343
limitations. 7344
In each school district having need of tree planting and 7345
timber stand improvement, the board of education is authorized to 7346
place additional amounts in the Forestry Escrow Fund to reimburse 7347
the State Forestry Commission for actual expenses incurred in 7348
performing this work, or to pay for any work done under private 7349
contract under the supervision of said commission. Such 7350
additional amounts may be made available from forest products 7351
sales receipts, funds borrowed from the sixteenth section 7352
principal fund as is provided for in Section 29-3-113, or any 7353
other funds available to the board of education excluding total 7354
funding formula funds. Expenditures from the Forestry Escrow Fund 7355
for tree planting, timber stand improvement, and other forestry 7356
work will be limited to payment for work recommended by the 7357
Forestry Commission and agreed to by the board of education. 7358
When it becomes evident that the amount of money in the 7359
Forestry Escrow Fund is in excess of the amount necessary to 7360
accomplish the work needed to achieve the goals set by the board 7361
of education and the Forestry Commission, the State Forestry 7362
Commission shall advise said board to release any part of such 7363
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funds as will not be needed, which may then be spent for any 7364
purpose authorized by law. 7365
SECTION 58. Section 29-3-49, Mississippi Code of 1972, is 7366
brought forward as follows: 7367
29-3-49. It shall be the duty of the State Forestry 7368
Commission, in the manner provided in Section 29-3-45, to enter 7369
into agreements for timber improvement purposes with the board of 7370
education upon the request of the board. The contract shall 7371
provide for the carrying out of a long-term program of timber 7372
improvement, including any or all of the following: The deadening 7373
of undesirable hardwoods, the planting of trees, the cutting and 7374
maintaining of fire lanes, and the establishment of marked 7375
boundaries on all lands classified as forest lands in the 7376
agreements, which provide for the reimbursement of all current 7377
costs incurred by the State Forestry Commission and the carrying 7378
out of the duties required by such agreements. In the 7379
alternative, the commission, in its discretion, may have the 7380
option to contract with a private contractor, subject to the 7381
approval of the board, to perform this work under the supervision 7382
of the commission. Payment of the reimbursements as hereinabove 7383
set forth to the Forestry Commission, or of compensation due under 7384
any such contract with private contractors shall be made upon 7385
presentation of itemized bills by the commission or the private 7386
contractors, as the case may be, and may be made out of any 7387
sixteenth section funds to the credit of, or accruing to, any 7388
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school district in which such work shall be done, or out of any 7389
other funds available to such district, excluding total funding 7390
formula funds. 7391
SECTION 59. Section 29-3-113, Mississippi Code of 1972, is 7392
brought forward as follows: 7393
29-3-113. The principal fund shall be a permanent township 7394
fund which shall consist of funds heretofore or hereafter derived 7395
from certain uses or for certain resources of school trust lands 7396
which shall be invested and, except as otherwise provided in this 7397
section, only the interest and income derived from such funds 7398
shall be expendable by the school district. 7399
The principal fund shall consist of: 7400
(a) Funds received for easements and rights-of-way 7401
pursuant to Section 29-3-91; 7402
(b) Funds received for sales of lieu land pursuant to 7403
Sections 29-3-15 through 29-3-25; 7404
(c) Funds received from any permanent damage to the 7405
school trust land; 7406
(d) Funds received from the sale of nonrenewable 7407
resources, including, but not limited to, the sale of sand, 7408
gravel, dirt, clays and royalties received from the sale of 7409
mineral ores, coal, oil and gas; 7410
(e) Funds received from the sale of buildings pursuant 7411
to Section 29-3-77; 7412
(f) Funds received from the sale of timber; and 7413
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(g) Funds received pursuant to Section 29-3-23(2). 7414
It shall be the duty of the Board of Education to keep the 7415
principal fund invested in any direct obligation issued by or 7416
guaranteed in full as to principal and interest by the United 7417
States of America or in certificates of deposit issued by a 7418
qualified depository of the State of Mississippi as approved by 7419
the State Treasurer. The certificates of deposit may bear 7420
interest at any rate per annum which may be mutually agreed upon 7421
but in no case shall said rate be less than that paid on passbook 7422
savings. 7423
The Board of Education is authorized to invest the funds in 7424
interest bearing deposits or other obligations of the types 7425
described in Section 27-105-33 or in any other type investment in 7426
which any other political subdivision of the State of Mississippi 7427
may invest, except that one hundred percent (100%) of the funds 7428
are authorized to be invested. For the purposes of investment, 7429
the principal fund of each township may be combined into one or 7430
more district accounts; however, the docket book of the county 7431
superintendent shall at all times reflect the proper source of 7432
such funds. Provided that funds received from the sale of timber 7433
shall be placed in a separate principal fund account, and may be 7434
expended for any of the purposes authorized by law. 7435
The Board of Education shall have authority to borrow such 7436
funds at a rate of interest not less than four percent (4%) per 7437
annum and for a term not exceeding twenty (20) years, for the 7438
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erection, equipment or repair of said district schools, to provide 7439
local funds for any building project approved by the State Board 7440
of Education or to provide additional funds for forest stand 7441
improvement as set forth in Section 29-3-47. In addition, the 7442
board may borrow the funds under the same interest restrictions 7443
for a term not exceeding ten (10) years to provide funds for the 7444
purchase of school buses. The Board of Education of any school 7445
district in any county that has an aggregate amount of assets in 7446
its principal fund in excess of Five Million Dollars 7447
($5,000,000.00) may deduct an amount not to exceed Five Hundred 7448
Thousand Dollars ($500,000.00) for the purpose of covering the 7449
cost of asbestos removal from school district buildings. Such 7450
asbestos removal shall be construed to constitute the repair of 7451
school district facilities as prescribed in Section 29-3-115. 7452
No school land trust funds may be expended after the annual 7453
payment date until the payment is made on such loan. Once a 7454
district is current on its loan payments, the district may spend 7455
expendable trust funds earned or accumulated in previous years for 7456
any purpose for which expendable trust funds may be spent. The 7457
annual payment can be made from any funds available to the school 7458
district except total funding formula funds. 7459
It shall be unlawful for the Board of Education to borrow any 7460
sixteenth section school funds in any other manner than that 7461
prescribed herein, and if any such funds shall be borrowed or 7462
invested in any other manner, any officer concerned in making such 7463
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loan and investment or suffering the same to be made in violation 7464
of the provisions of this section shall be liable personally and 7465
on his official bond for the safety of the funds so loaned. 7466
SECTION 60. Section 29-3-137, Mississippi Code of 1972, is 7467
brought forward as follows: 7468
29-3-137. (1) Beginning with the 1985-1986 fiscal year the 7469
Legislature of the State of Mississippi shall appropriate to the 7470
State Department of Education a sum of One Million Dollars 7471
($1,000,000.00) to be disbursed to the Chickasaw counties, and an 7472
additional One Million Dollars ($1,000,000.00) each succeeding 7473
fiscal year thereafter until a maximum appropriation of Five 7474
Million Dollars ($5,000,000.00) is made for the fiscal year 7475
1989-1990. Beginning with the appropriation for the 1990-1991 7476
fiscal year, the amount appropriated under the provisions of this 7477
section shall not exceed the total average annual expendable 7478
revenue received by the Choctaw counties from school lands, or 7479
Five Million Dollars ($5,000,000.00), whichever is the lesser. 7480
(2) The State Department of Education is hereby authorized, 7481
empowered and directed to allocate for distribution such funds 7482
appropriated each year under subsection (1) of this section in 7483
proportion to the amount of funding allotted under the total 7484
funding formula provided for in Sections 37-151-200 through 7485
37-151-215, to such school districts affected by the sale of 7486
Chickasaw cession school lands. School districts not wholly 7487
situated in Chickasaw cession affected territory shall receive a 7488
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prorated amount of such allocation based on the percentage of such 7489
lands located within the district. Provided further, that the 7490
State Department of Education shall, in addition, deduct from each 7491
affected school district's allocation the amount such district 7492
shall receive from interest payments from the Chickasaw School 7493
Fund under Section 212, Mississippi Constitution of 1890 for each 7494
fiscal year. The department shall document the foregoing 7495
computation in its annual budget request for the appropriation to 7496
the Chickasaw School Fund, and shall revise its budget request 7497
under such formula as the average annual revenues from sixteenth 7498
section school lands fluctuate. 7499
(3) [Repealed] 7500
SECTION 61. Section 31-7-9, Mississippi Code of 1972, is 7501
brought forward as follows: 7502
31-7-9. (1) (a) The Office of Purchasing, Travel and Fleet 7503
Management shall adopt purchasing regulations governing the 7504
purchase by any agency of any commodity or commodities and 7505
establishing standards and specifications for a commodity or 7506
commodities and the maximum fair prices of a commodity or 7507
commodities, subject to the approval of the Public Procurement 7508
Review Board. It shall have the power to amend, add to or 7509
eliminate purchasing regulations. The adoption of, amendment, 7510
addition to or elimination of purchasing regulations shall be 7511
based upon a determination by the Office of Purchasing, Travel and 7512
Fleet Management with the approval of the Public Procurement 7513
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assistant teachers.
Review Board, that such action is reasonable and practicable and 7514
advantageous to promote efficiency and economy in the purchase of 7515
commodities by the agencies of the state. Upon the adoption of 7516
any purchasing regulation, or an amendment, addition or 7517
elimination therein, copies of same shall be furnished to the 7518
State Auditor and to all agencies affected thereby. Thereafter, 7519
and except as otherwise may be provided in subsection (2) of this 7520
section, no agency of the state shall purchase any commodities 7521
covered by existing purchasing regulations unless such commodities 7522
be in conformity with the standards and specifications set forth 7523
in the purchasing regulations and unless the price thereof does 7524
not exceed the maximum fair price established by such purchasing 7525
regulations. The Office of Purchasing, Travel and Fleet 7526
Management shall furnish to any county or municipality or other 7527
local public agency of the state requesting same, copies of 7528
purchasing regulations adopted by the Office of Purchasing, Travel 7529
and Fleet Management and any amendments, changes or eliminations 7530
of same that may be made from time to time. 7531
(b) The Office of Purchasing, Travel and Fleet 7532
Management may adopt purchasing regulations governing the use of 7533
credit cards, procurement cards and purchasing club membership 7534
cards to be used by state agencies, governing authorities of 7535
counties and municipalities, school districts and the Chickasawhay 7536
Natural Gas District. Use of the cards shall be in strict 7537
compliance with the regulations promulgated by the office. Any 7538
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amounts due on the cards shall incur interest charges as set forth 7539
in Section 31-7-305 and shall not be considered debt. 7540
(c) Pursuant to the provision of Section 37-61-33(2), 7541
the Office of Purchasing, Travel and Fleet Management of the 7542
Department of Finance and Administration is authorized to issue 7543
procurement cards or credentials for a digital solution to all 7544
public school district classroom teachers, charter school 7545
teachers, full- or part-time gifted or special education teachers 7546
and other necessary direct support personnel at the beginning of 7547
the school year, but no later than August 1 of each year, for the 7548
purchase of instructional supplies using Educational Enhancement 7549
Funds. The cards will be issued in equal amounts per teacher 7550
determined by the total number of qualifying personnel and the 7551
then current state appropriation for classroom instructional 7552
supplies under the Education Enhancement Fund. All purchases 7553
shall be in accordance with state law and teachers are responsible 7554
for verification of capital asset requirements when pooling monies 7555
to purchase equipment. The cards will expire on a predetermined 7556
date at the end of each school year, but not before April 1 of 7557
each year. All unexpended amounts will be carried forward, to be 7558
combined with the following year's instructional supply fund 7559
allocation, and reallocated for the following year. The 7560
Department of Finance and Administration is authorized to loan any 7561
start-up funds at the beginning of the school year to fund this 7562
procurement system for instructional supplies with loan repayment 7563
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being made from sales tax receipts earmarked for the Education 7564
Enhancement Fund. 7565
(d) In a sale of goods or services, the seller shall 7566
not impose a surcharge on a buyer who uses a state-issued credit 7567
card, procurement card, travel card, or fuel card. The Department 7568
of Finance and Administration shall have exclusive jurisdiction to 7569
enforce and adopt rules relating to this paragraph. Any rules 7570
adopted under this paragraph shall be consistent with federal laws 7571
and regulations governing credit card transactions described by 7572
this paragraph. This paragraph does not create a cause of action 7573
against an individual for a violation of this paragraph. 7574
(2) The Office of Purchasing, Travel and Fleet Management 7575
shall adopt, subject to the approval of the Public Procurement 7576
Review Board, purchasing regulations governing the purchase of 7577
unmarked vehicles to be used by the Bureau of Narcotics and 7578
Department of Public Safety in official investigations pursuant to 7579
Section 25-1-87. Such regulations shall ensure that purchases of 7580
such vehicles shall be at a fair price and shall take into 7581
consideration the peculiar needs of the Bureau of Narcotics and 7582
Department of Public Safety in undercover operations. 7583
(3) The Office of Purchasing, Travel and Fleet Management 7584
shall adopt, subject to the approval of the Public Procurement 7585
Review Board, regulations governing the certification process for 7586
certified purchasing offices, including the Mississippi Purchasing 7587
Certification Program, which shall be required of all purchasing 7588
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agents at state agencies. Such regulations shall require entities 7589
desiring to be classified as certified purchasing offices to 7590
submit applications and applicable documents on an annual basis, 7591
and in the case of a state agency purchasing office, to have one 7592
hundred percent (100%) participation and completion by purchasing 7593
agents in the Mississippi Purchasing Certification Program, at 7594
which time the Office of Purchasing, Travel and Fleet Management 7595
may provide the governing entity with a certification valid for 7596
one (1) year from the date of issuance. The Office of Purchasing, 7597
Travel and Fleet Management shall set a fee in an amount that 7598
recovers its costs to administer the Mississippi Purchasing 7599
Certification Program, which shall be assessed to the 7600
participating state agencies. 7601
(4) The Office of Purchasing, Travel and Fleet Management 7602
shall adopt purchasing regulations authorizing rural water 7603
associations to purchase at the state contract price afforded to 7604
agencies and governing authorities under this chapter. 7605
SECTION 62. Section 31-7-10, Mississippi Code of 1972, is 7606
brought forward as follows: 7607
31-7-10. (1) For the purposes of this section, the term 7608
"equipment" shall mean equipment, furniture, and if applicable, 7609
associated software and other applicable direct costs associated 7610
with the acquisition. In addition to its other powers and duties, 7611
the Department of Finance and Administration shall have the 7612
authority to develop a master lease-purchase program and, pursuant 7613
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to that program, shall have the authority to execute on behalf of 7614
the state master lease-purchase agreements for equipment to be 7615
used by an agency, as provided in this section. Each agency 7616
electing to acquire equipment by a lease-purchase agreement shall 7617
participate in the Department of Finance and Administration's 7618
master lease-purchase program, unless the Department of Finance 7619
and Administration makes a determination that such equipment 7620
cannot be obtained under the program or unless the equipment can 7621
be obtained elsewhere at an overall cost lower than that for which 7622
the equipment can be obtained under the program. Such 7623
lease-purchase agreements may include the refinancing or 7624
consolidation, or both, of any state agency lease-purchase 7625
agreements entered into after June 30, 1990. 7626
(2) All funds designated by agencies for procurement of 7627
equipment and financing thereof under the master lease-purchase 7628
program shall be paid into a special fund created in the State 7629
Treasury known as the "Master Lease-Purchase Program Fund," which 7630
shall be used by the Department of Finance and Administration for 7631
payment to the lessors for equipment acquired under master 7632
lease-purchase agreements. 7633
(3) Upon final approval of an appropriation bill, each 7634
agency shall submit to the Public Procurement Review Board a 7635
schedule of proposed equipment acquisitions for the master 7636
lease-purchase program. Upon approval of an equipment schedule by 7637
the Public Procurement Review Board with the advice of the 7638
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Department of Information Technology Services, the Office of 7639
Purchasing, Travel and Fleet Management, and the Division of 7640
Energy and Transportation of the Mississippi Development Authority 7641
as it pertains to energy efficient climate control systems, the 7642
Public Procurement Review Board shall forward a copy of the 7643
equipment schedule to the Department of Finance and 7644
Administration. 7645
(4) The level of lease-purchase debt recommended by the 7646
Department of Finance and Administration shall be subject to 7647
approval by the State Bond Commission. After such approval, the 7648
Department of Finance and Administration shall be authorized to 7649
advertise and solicit written competitive proposals for a lessor, 7650
who will purchase the equipment pursuant to bid awards made by the 7651
using agency under a given category and then transfer the 7652
equipment to the Department of Finance and Administration as 7653
lessee, pursuant to a master lease-purchase agreement. 7654
The Department of Finance and Administration shall select the 7655
successful proposer for the financing of equipment under the 7656
master lease-purchase program with the approval of the State Bond 7657
Commission. 7658
(5) Each master lease-purchase agreement, and any subsequent 7659
amendments, shall include such terms and conditions as the State 7660
Bond Commission shall determine to be appropriate and in the 7661
public interest, and may include any covenants deemed necessary or 7662
desirable to protect the interests of the lessor, including, but 7663
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not limited to, provisions setting forth the interest rate (or 7664
method for computing interest rates) for financing pursuant to 7665
such agreement, covenants concerning application of payments and 7666
funds held in the Master Lease-Purchase Program Fund, covenants to 7667
maintain casualty insurance with respect to equipment subject to 7668
the master lease-purchase agreement (and all state agencies are 7669
specifically authorized to purchase any insurance required by a 7670
master lease-purchase agreement) and covenants precluding or 7671
limiting the right of the lessee or user to acquire equipment 7672
within a specified time (not to exceed five (5) years) after 7673
cancellation on the basis of a failure to appropriate funds for 7674
payment of amounts due under a lease-purchase agreement covering 7675
comparable equipment. The State Bond Commission shall transmit 7676
copies of each such master lease-purchase agreement and each such 7677
amendment to the Joint Legislative Budget Committee. To the 7678
extent provided in any master lease-purchase agreement, title to 7679
equipment leased pursuant thereto shall be deemed to be vested in 7680
the state or the user of the equipment (as specified in such 7681
master lease-purchase agreement), subject to default under or 7682
termination of such master lease-purchase agreement. 7683
A master lease-purchase agreement may provide for payment by 7684
the lessor to the lessee of the purchase price of the equipment to 7685
be acquired pursuant thereto prior to the date on which payment is 7686
due to the vendor for such equipment and that the lease payments 7687
by the lessee shall commence as though the equipment had been 7688
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provided on the date of payment. If the lessee, or lessee's 7689
escrow agent, has sufficient funds for payment of equipment 7690
purchases prior to payment due date to vendor of equipment, such 7691
funds shall be held or utilized on an as-needed basis for payment 7692
of equipment purchases either by the State Treasurer (in which 7693
event the master lease-purchase agreement may include provisions 7694
concerning the holding of such funds, the creation of a security 7695
interest for the benefit of the lessor in such funds until 7696
disbursed and other appropriate provisions approved by the Bond 7697
Commission) or by a corporate trustee selected by the Department 7698
of Finance and Administration (in which event the Department of 7699
Finance and Administration shall have the authority to enter into 7700
an agreement with such a corporate trustee containing terms and 7701
conditions approved by the Bond Commission). Earnings on any 7702
amount paid by the lessor prior to the acquisition of the 7703
equipment may be used to make lease payments under the master 7704
lease-purchase agreement or applied to pay costs and expenses 7705
incurred in connection with such lease-purchase agreement. In 7706
such event, the equipment-use agreements with the user agency may 7707
provide for lease payments to commence upon the date of payment by 7708
the lessor and may also provide for a credit against such payments 7709
to the extent that investment receipts from investment of the 7710
purchase price are to be used to make lease-purchase payments. 7711
(6) The annual rate of interest paid under any 7712
lease-purchase agreement authorized under this section shall not 7713
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exceed the maximum interest rate to maturity on general obligation 7714
indebtedness permitted under Section 75-17-101. 7715
(7) The Department of Finance and Administration shall 7716
furnish the equipment to the various agencies, also known as the 7717
user, pursuant to an equipment-use agreement developed by the 7718
Department of Finance and Administration. Such agreements shall 7719
require that all monthly payments due from such agency be paid, 7720
transferred or allocated into the Master Lease-Purchase Program 7721
Fund pursuant to a schedule established by the Department of 7722
Finance and Administration. In the event such sums are not paid 7723
by the defined payment period, the Executive Director of the 7724
Department of Finance and Administration shall issue a requisition 7725
for a warrant to draw such amount as may be due from any funds 7726
appropriated for the use of the agency which has failed to make 7727
the payment as agreed. 7728
(8) All master lease-purchase agreements executed under the 7729
authority of this section shall contain the following annual 7730
allocation dependency clause or an annual allocation dependency 7731
clause which is substantially equivalent thereto: "The 7732
continuation of each equipment schedule to this agreement is 7733
contingent in whole or in part upon the appropriation of funds by 7734
the Legislature to make the lease-purchase payments required under 7735
such equipment schedule. If the Legislature fails to appropriate 7736
sufficient funds to provide for the continuation of the 7737
lease-purchase payments under any such equipment schedule, then 7738
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the obligations of the lessee and of the agency to make such 7739
lease-purchase payments and the corresponding provisions of any 7740
such equipment schedule to this agreement shall terminate on the 7741
last day of the fiscal year for which appropriations were made." 7742
(9) The maximum lease term for any equipment acquired under 7743
the master lease-purchase program shall not exceed the useful life 7744
of such equipment as determined according to the upper limit of 7745
the asset depreciation range (ADR) guidelines for the Class Life 7746
Asset Depreciation Range System established by the Internal 7747
Revenue Service pursuant to the United States Internal Revenue 7748
Code and Regulations thereunder as in effect on December 31, 1980, 7749
or comparable depreciation guidelines with respect to any 7750
equipment not covered by ADR guidelines. The Department of 7751
Finance and Administration shall be deemed to have met the 7752
requirements of this subsection if the term of a master 7753
lease-purchase agreement does not exceed the weighted average 7754
useful life of all equipment covered by such agreement and the 7755
schedules thereto as determined by the Department of Finance and 7756
Administration. For purposes of this subsection, the "term of a 7757
master lease-purchase agreement" shall be the weighted average 7758
maturity of all principal payments to be made under such master 7759
lease-purchase agreement and all schedules thereto. 7760
(10) Interest paid on any master lease-purchase agreement 7761
under this section shall be exempt from State of Mississippi 7762
income taxation. All equipment, and the purchase thereof by any 7763
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lessor, acquired under the master lease-purchase program and all 7764
lease-purchase payments with respect thereto shall be exempt from 7765
all Mississippi sales, use and ad valorem taxes. 7766
(11) The Governor, in his annual executive budget to the 7767
Legislature, shall recommend appropriations sufficient to provide 7768
funds to pay all amounts due and payable during the applicable 7769
fiscal year under master lease-purchase agreements entered into 7770
pursuant to this section. 7771
(12) Any master lease-purchase agreement reciting in 7772
substance that such agreement has been entered into pursuant to 7773
this section shall be conclusively deemed to have been entered 7774
into in accordance with all of the provisions and conditions set 7775
forth in this section. Any defect or irregularity arising with 7776
respect to procedures applicable to the acquisition of any 7777
equipment shall not invalidate or otherwise limit the obligation 7778
of the Department of Finance and Administration, or the state or 7779
any agency of the state, under any master lease-purchase agreement 7780
or any equipment-use agreement. 7781
(13) There shall be maintained by the Department of Finance 7782
and Administration, with respect to each master lease-purchase 7783
agreement, an itemized statement of the cash price, interest 7784
rates, interest costs, commissions, debt service schedules and all 7785
other costs and expenses paid by the state incident to the 7786
lease-purchase of equipment under such agreement. 7787
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(14) Lease-purchase agreements entered into by the Board of 7788
Trustees of State Institutions of Higher Learning pursuant to the 7789
authority of Section 37-101-413 or by any other agency which has 7790
specific statutory authority other than pursuant to Section 7791
31-7-13(e) to acquire equipment by lease-purchase shall not be 7792
made pursuant to the master lease-purchase program under this 7793
section, unless the Board of Trustees of State Institutions of 7794
Higher Learning or such other agency elects to participate as to 7795
part or all of its lease-purchase acquisitions in the master 7796
lease-purchase program pursuant to this section. 7797
(15) The Department of Finance and Administration may 7798
develop a master lease-purchase program for school districts and, 7799
pursuant to that program, may execute on behalf of the school 7800
districts master lease-purchase agreements for equipment to be 7801
used by the school districts. The form and structure of this 7802
program shall be substantially the same as set forth in this 7803
section for the master lease-purchase program for state agencies. 7804
If sums due from a school district under the master lease-purchase 7805
program are not paid by the expiration of the defined payment 7806
period, the Executive Director of the Department of Finance and 7807
Administration may withhold such amount that is due from the 7808
school district's allotments of the total funding formula funds as 7809
determined by Sections 37-151-200 through 37-151-215. 7810
(16) The Department of Finance and Administration may 7811
develop a master lease-purchase program for community and junior 7812
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college districts and, pursuant to that program, may execute on 7813
behalf of the community and junior college districts master 7814
lease-purchase agreements for equipment to be used by the 7815
community and junior college districts. The form and structure of 7816
this program must be substantially the same as set forth in this 7817
section for the master lease-purchase program for state agencies. 7818
If sums due from a community or junior college district under the 7819
master lease-purchase program are not paid by the expiration of 7820
the defined payment period, the Executive Director of the 7821
Department of Finance and Administration may withhold an amount 7822
equal to the amount due under the program from any funds allocated 7823
for that community or junior college district in the state 7824
appropriations for the use and support of the community and junior 7825
colleges. 7826
(17) From and after July 1, 2016, the expenses of this 7827
agency shall be defrayed by appropriation from the State General 7828
Fund and all user charges and fees authorized under this section 7829
shall be deposited into the State General Fund as authorized by 7830
law. 7831
(18) From and after July 1, 2016, no state agency shall 7832
charge another state agency a fee, assessment, rent or other 7833
charge for services or resources received by authority of this 7834
section. 7835
SECTION 63. Section 37-1-3, Mississippi Code of 1972, is 7836
brought forward as follows: 7837
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37-1-3. (1) The State Board of Education shall adopt rules 7838
and regulations and set standards and policies for the 7839
organization, operation, management, planning, budgeting and 7840
programs of the State Department of Education. 7841
(a) The board is directed to identify all functions of 7842
the department that contribute to or comprise a part of the state 7843
system of educational accountability and to establish and maintain 7844
within the department the necessary organizational structure, 7845
policies and procedures for effectively coordinating such 7846
functions. Such policies and procedures shall clearly fix and 7847
delineate responsibilities for various aspects of the system and 7848
for overall coordination of the total system and its effective 7849
management. 7850
(b) The board shall establish and maintain a 7851
system-wide plan of performance, policy and directions of public 7852
education not otherwise provided for. 7853
(c) The board shall effectively use the personnel and 7854
resources of the department to enhance technical assistance to 7855
school districts in instruction and management therein. 7856
(d) The board shall establish and maintain a central 7857
budget policy. 7858
(e) The board shall establish and maintain within the 7859
State Department of Education a central management capacity under 7860
the direction of the State Superintendent of Public Education. 7861
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(f) The board, with recommendations from the 7862
superintendent, shall design and maintain a five-year plan and 7863
program for educational improvement that shall set forth 7864
objectives for system performance and development and be the basis 7865
for budget requests and legislative initiatives. 7866
(2) (a) The State Board of Education shall adopt and 7867
maintain a curriculum and a course of study to be used in the 7868
public school districts that is designed to prepare the state's 7869
children and youth to be productive, informed, creative citizens, 7870
workers and leaders, and it shall regulate all matters arising in 7871
the practical administration of the school system not otherwise 7872
provided for. 7873
(b) Before the 1999-2000 school year, the State Board 7874
of Education shall develop personal living and finances objectives 7875
that focus on money management skills for individuals and families 7876
for appropriate, existing courses at the secondary level. The 7877
objectives must require the teaching of those skills necessary to 7878
handle personal business and finances and must include instruction 7879
in the following: 7880
(i) Opening a bank account and assessing the 7881
quality of a bank's services; 7882
(ii) Balancing a checkbook; 7883
(iii) Managing debt, including retail and credit 7884
card debt; 7885
(iv) Completing a loan application; 7886
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(v) The implications of an inheritance; 7887
(vi) The basics of personal insurance policies; 7888
(vii) Consumer rights and responsibilities; 7889
(viii) Dealing with salesmen and merchants; 7890
(ix) Computing state and federal income taxes; 7891
(x) Local tax assessments; 7892
(xi) Computing interest rates by various 7893
mechanisms; 7894
(xii) Understanding simple contracts; and 7895
(xiii) Contesting an incorrect billing statement. 7896
(3) The State Board of Education shall have authority to 7897
expend any available federal funds, or any other funds expressly 7898
designated, to pay training, educational expenses, salary 7899
incentives and salary supplements to licensed teachers employed in 7900
local school districts or schools administered by the State Board 7901
of Education. Such incentive payments shall not be considered 7902
part of a school district's local supplement, nor shall the 7903
incentives be considered part of the local supplement paid to an 7904
individual teacher for the purposes of Section 37-19-7(1). 7905
(4) The State Board of Education shall through its actions 7906
seek to implement the policies set forth in Section 37-1-2. 7907
SECTION 64. Section 37-3-11, Mississippi Code of 1972, is 7908
brought forward as follows: 7909
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37-3-11. The State Superintendent of Public Education shall 7910
perform the duties assigned to him by the State Board of 7911
Education, and he shall have the following duties: 7912
(a) To serve as secretary for the State Board of 7913
Education; 7914
(b) To be the chief administrative officer of the State 7915
Department of Education; 7916
(c) To recommend to the State Board of Education, for 7917
its consideration, rules and regulations for the supervision of 7918
the public schools and agricultural high schools of the school 7919
districts throughout the state and for the efficient organization 7920
and conduct of the same; 7921
(d) To collect data and make it available to the state 7922
board for determining the proper distribution of the total funding 7923
formula funds; 7924
(e) To keep a complete record of all official acts of 7925
the State Superintendent and the acts of the State Board of 7926
Education; 7927
(f) To prepare, have printed and furnish all officers 7928
charged with the administration of the laws pertaining to the 7929
public schools, such blank forms and books as may be necessary to 7930
the proper discharge of their duties, which printing is to be paid 7931
for out of funds provided by the Legislature; 7932
(g) To have printed in pamphlet form the laws 7933
pertaining to the public schools and publish therein forms for 7934
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conducting school business, the rules and regulations for the 7935
government of schools that the State Superintendent or the State 7936
Board of Education may recommend, and such other matters as may be 7937
deemed worthy of public interest pertaining to the public schools, 7938
which printing is to be paid for out of funds provided by the 7939
Legislature; 7940
(h) To meet all superintendents annually at such time 7941
and place as the State Superintendent shall appoint for the 7942
purpose of accumulating facts relative to schools, to review the 7943
educational progress made in the various sections of the state, to 7944
compare views, discuss problems, hear discussions and suggestions 7945
relative to examinations and qualifications of teachers, methods 7946
of instruction, textbooks, summer schools for teachers, visitation 7947
of schools, consolidation of schools, health work in the schools, 7948
vocational education and other matters pertaining to the public 7949
school system; 7950
(i) To advise all superintendents upon all matters 7951
involving the welfare of the schools, and at the request of any 7952
superintendent, to give an opinion upon a written statement of 7953
facts on all questions and controversies arising out of the 7954
interpretation and construction of the school laws, in regard to 7955
rights, powers and duties of school officers and superintendents, 7956
and to keep a record of all such decisions. Before giving any 7957
opinion, the superintendent may submit the statement of facts to 7958
the Attorney General, and it shall be the duty of the Attorney 7959
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General forthwith to examine such statement and suggest the proper 7960
decision to be made upon such fact; 7961
(j) To require annually, and as often as the State 7962
Superintendent may deem proper, of all superintendents, detailed 7963
reports on the educational business of the various districts; 7964
(k) On or before January 10 in each year to prepare, 7965
under the direction of the State Board of Education, the annual 7966
information report of the State Department of Education as 7967
described in Section 37-151-97; 7968
(l) To determine the number of educable children in the 7969
several school districts under rules and regulations prescribed by 7970
the State Board of Education; and 7971
(m) To perform such other duties as may be prescribed 7972
by the State Board of Education. 7973
SECTION 65. Section 37-7-208, Mississippi Code of 1972, is 7974
brought forward as follows: 7975
37-7-208. The board of trustees of any consolidated school 7976
district may pay from funds other than total funding formula funds 7977
the cost and expense of litigation involved by or resulting from 7978
the creation of or litigation to create single member school board 7979
trustee election districts, and pay from funds other than the 7980
total funding formula funds the cost or expense to implement any 7981
plan, decree or reorganization as approved by the court. Said 7982
payments by the board of trustees shall be deemed a "new program" 7983
under the provisions of Section 37-57-107, and any additional 7984
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millage levied for such purpose and the revenue generated 7985
therefrom shall be excluded from the tax increase limitation 7986
prescribed in Sections 37-57-105 and 37-57-107. The board of 7987
supervisors of any county in which there is located such 7988
consolidated school district may, in its discretion, contribute 7989
out of county general funds to the cost and expense of such 7990
litigation and/or the cost of implementing such redistricting 7991
plan. 7992
SECTION 66. Section 37-7-301, Mississippi Code of 1972, is 7993
brought forward as follows: 7994
37-7-301. The school boards of all school districts shall 7995
have the following powers, authority and duties in addition to all 7996
others imposed or granted by law, to wit: 7997
(a) To organize and operate the schools of the district 7998
and to make such division between the high school grades and 7999
elementary grades as, in their judgment, will serve the best 8000
interests of the school; 8001
(b) To introduce public school music, art, manual 8002
training and other special subjects into either the elementary or 8003
high school grades, as the board shall deem proper; 8004
(c) To be the custodians of real and personal school 8005
property and to manage, control and care for same, both during the 8006
school term and during vacation; 8007
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(d) To have responsibility for the erection, repairing 8008
and equipping of school facilities and the making of necessary 8009
school improvements; 8010
(e) To suspend or to expel a pupil or to change the 8011
placement of a pupil to the school district's alternative school 8012
or homebound program for misconduct in the school or on school 8013
property, as defined in Section 37-11-29, on the road to and from 8014
school, or at any school-related activity or event, or for conduct 8015
occurring on property other than school property or other than at 8016
a school-related activity or event when such conduct by a pupil, 8017
in the determination of the school superintendent or principal, 8018
renders that pupil's presence in the classroom a disruption to the 8019
educational environment of the school or a detriment to the best 8020
interest and welfare of the pupils and teacher of such class as a 8021
whole, and to delegate such authority to the appropriate officials 8022
of the school district; 8023
(f) To visit schools in the district, in their 8024
discretion, in a body for the purpose of determining what can be 8025
done for the improvement of the school in a general way; 8026
(g) To support, within reasonable limits, the 8027
superintendent, principal and teachers where necessary for the 8028
proper discipline of the school; 8029
(h) To exclude from the schools students with what 8030
appears to be infectious or contagious diseases; provided, 8031
however, such student may be allowed to return to school upon 8032
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presenting a certificate from a public health officer, duly 8033
licensed physician or nurse practitioner that the student is free 8034
from such disease; 8035
(i) To require those vaccinations specified by the 8036
State Health Officer as provided in Section 41-23-37; 8037
(j) To see that all necessary utilities and services 8038
are provided in the schools at all times when same are needed; 8039
(k) To authorize the use of the school buildings and 8040
grounds for the holding of public meetings and gatherings of the 8041
people under such regulations as may be prescribed by said board; 8042
(l) To prescribe and enforce rules and regulations not 8043
inconsistent with law or with the regulations of the State Board 8044
of Education for their own government and for the government of 8045
the schools, and to transact their business at regular and special 8046
meetings called and held in the manner provided by law; 8047
(m) To maintain and operate all of the schools under 8048
their control for such length of time during the year as may be 8049
required; 8050
(n) To enforce in the schools the courses of study and 8051
the use of the textbooks prescribed by the proper authorities; 8052
(o) To make orders directed to the superintendent of 8053
schools for the issuance of pay certificates for lawful purposes 8054
on any available funds of the district and to have full control of 8055
the receipt, distribution, allotment and disbursement of all funds 8056
provided for the support and operation of the schools of such 8057
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school district whether such funds be derived from state 8058
appropriations, local ad valorem tax collections, or otherwise. 8059
The local school board shall be authorized and empowered to 8060
promulgate rules and regulations that specify the types of claims 8061
and set limits of the dollar amount for payment of claims by the 8062
superintendent of schools to be ratified by the board at the next 8063
regularly scheduled meeting after payment has been made; 8064
(p) To select all school district personnel in the 8065
manner provided by law, and to provide for such employee fringe 8066
benefit programs, including accident reimbursement plans, as may 8067
be deemed necessary and appropriate by the board; 8068
(q) To provide athletic programs and other school 8069
activities and to regulate the establishment and operation of such 8070
programs and activities; 8071
(r) To join, in their discretion, any association of 8072
school boards and other public school-related organizations, and 8073
to pay from local funds other than total funding formula funds, 8074
any membership dues; 8075
(s) To expend local school activity funds, or other 8076
available school district funds, other than total funding formula 8077
funds, for the purposes prescribed under this paragraph. 8078
"Activity funds" shall mean all funds received by school officials 8079
in all school districts paid or collected to participate in any 8080
school activity, such activity being part of the school program 8081
and partially financed with public funds or supplemented by public 8082
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funds. The term "activity funds" shall not include any funds 8083
raised and/or expended by any organization unless commingled in a 8084
bank account with existing activity funds, regardless of whether 8085
the funds were raised by school employees or received by school 8086
employees during school hours or using school facilities, and 8087
regardless of whether a school employee exercises influence over 8088
the expenditure or disposition of such funds. Organizations shall 8089
not be required to make any payment to any school for the use of 8090
any school facility if, in the discretion of the local school 8091
governing board, the organization's function shall be deemed to be 8092
beneficial to the official or extracurricular programs of the 8093
school. For the purposes of this provision, the term 8094
"organization" shall not include any organization subject to the 8095
control of the local school governing board. Activity funds may 8096
only be expended for any necessary expenses or travel costs, 8097
including advances, incurred by students and their chaperons in 8098
attending any in-state or out-of-state school-related programs, 8099
conventions or seminars and/or any commodities, equipment, travel 8100
expenses, purchased services or school supplies which the local 8101
school governing board, in its discretion, shall deem beneficial 8102
to the official or extracurricular programs of the district, 8103
including items which may subsequently become the personal 8104
property of individuals, including yearbooks, athletic apparel, 8105
book covers and trophies. Activity funds may be used to pay 8106
travel expenses of school district personnel. The local school 8107
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governing board shall be authorized and empowered to promulgate 8108
rules and regulations specifically designating for what purposes 8109
school activity funds may be expended. The local school governing 8110
board shall provide (i) that such school activity funds shall be 8111
maintained and expended by the principal of the school generating 8112
the funds in individual bank accounts, or (ii) that such school 8113
activity funds shall be maintained and expended by the 8114
superintendent of schools in a central depository approved by the 8115
board. The local school governing board shall provide that such 8116
school activity funds be audited as part of the annual audit 8117
required in Section 37-9-18. The State Department of Education 8118
shall prescribe a uniform system of accounting and financial 8119
reporting for all school activity fund transactions; 8120
(t) To enter into an energy performance contract, 8121
energy services contract, on a shared-savings, lease or 8122
lease-purchase basis, for energy efficiency services and/or 8123
equipment as provided for in Section 31-7-14; 8124
(u) To maintain accounts and issue pay certificates on 8125
school food service bank accounts; 8126
(v) (i) To lease a school building from an individual, 8127
partnership, nonprofit corporation or a private for-profit 8128
corporation for the use of such school district, and to expend 8129
funds therefor as may be available from any sources other than 8130
total funding formula funds as set by Sections 37-151-200 through 8131
37-151-215. The school board of the school district desiring to 8132
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lease a school building shall declare by resolution that a need 8133
exists for a school building and that the school district cannot 8134
provide the necessary funds to pay the cost or its proportionate 8135
share of the cost of a school building required to meet the 8136
present needs. The resolution so adopted by the school board 8137
shall be published once each week for three (3) consecutive weeks 8138
in a newspaper having a general circulation in the school district 8139
involved, with the first publication thereof to be made not less 8140
than thirty (30) days prior to the date upon which the school 8141
board is to act on the question of leasing a school building. If 8142
no petition requesting an election is filed prior to such meeting 8143
as hereinafter provided, then the school board may, by resolution 8144
spread upon its minutes, proceed to lease a school building. If 8145
at any time prior to said meeting a petition signed by not less 8146
than twenty percent (20%) or fifteen hundred (1500), whichever is 8147
less, of the qualified electors of the school district involved 8148
shall be filed with the school board requesting that an election 8149
be called on the question, then the school board shall, not later 8150
than the next regular meeting, adopt a resolution calling an 8151
election to be held within such school district upon the question 8152
of authorizing the school board to lease a school building. Such 8153
election shall be called and held, and notice thereof shall be 8154
given, in the same manner for elections upon the questions of the 8155
issuance of the bonds of school districts, and the results thereof 8156
shall be certified to the school board. If at least three-fifths 8157
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(3/5) of the qualified electors of the school district who voted 8158
in such election shall vote in favor of the leasing of a school 8159
building, then the school board shall proceed to lease a school 8160
building. The term of the lease contract shall not exceed twenty 8161
(20) years, and the total cost of such lease shall be either the 8162
amount of the lowest and best bid accepted by the school board 8163
after advertisement for bids or an amount not to exceed the 8164
current fair market value of the lease as determined by the 8165
averaging of at least two (2) appraisals by certified general 8166
appraisers licensed by the State of Mississippi. The term "school 8167
building" as used in this paragraph (v)(i) shall be construed to 8168
mean any building or buildings used for classroom purposes in 8169
connection with the operation of schools and shall include the 8170
site therefor, necessary support facilities, and the equipment 8171
thereof and appurtenances thereto such as heating facilities, 8172
water supply, sewage disposal, landscaping, walks, drives and 8173
playgrounds. The term "lease" as used in this paragraph (v)(i) 8174
may include a lease-purchase contract; 8175
(ii) If two (2) or more school districts propose 8176
to enter into a lease contract jointly, then joint meetings of the 8177
school boards having control may be held but no action taken shall 8178
be binding on any such school district unless the question of 8179
leasing a school building is approved in each participating school 8180
district under the procedure hereinabove set forth in paragraph 8181
(v)(i). All of the provisions of paragraph (v)(i) regarding the 8182
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term and amount of the lease contract shall apply to the school 8183
boards of school districts acting jointly. Any lease contract 8184
executed by two (2) or more school districts as joint lessees 8185
shall set out the amount of the aggregate lease rental to be paid 8186
by each, which may be agreed upon, but there shall be no right of 8187
occupancy by any lessee unless the aggregate rental is paid as 8188
stipulated in the lease contract. All rights of joint lessees 8189
under the lease contract shall be in proportion to the amount of 8190
lease rental paid by each; 8191
(w) To employ all noninstructional and noncertificated 8192
employees and fix the duties and compensation of such personnel 8193
deemed necessary pursuant to the recommendation of the 8194
superintendent of schools; 8195
(x) To employ and fix the duties and compensation of 8196
such legal counsel as deemed necessary; 8197
(y) Subject to rules and regulations of the State Board 8198
of Education, to purchase, own and operate trucks, vans and other 8199
motor vehicles, which shall bear the proper identification 8200
required by law; 8201
(z) To expend funds for the payment of substitute 8202
teachers and to adopt reasonable regulations for the employment 8203
and compensation of such substitute teachers; 8204
(aa) To acquire in its own name by purchase all real 8205
property which shall be necessary and desirable in connection with 8206
the construction, renovation or improvement of any public school 8207
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building or structure. Whenever the purchase price for such real 8208
property is greater than Fifty Thousand Dollars ($50,000.00), the 8209
school board shall not purchase the property for an amount 8210
exceeding the fair market value of such property as determined by 8211
the average of at least two (2) independent appraisals by 8212
certified general appraisers licensed by the State of Mississippi. 8213
If the board shall be unable to agree with the owner of any such 8214
real property in connection with any such project, the board shall 8215
have the power and authority to acquire any such real property by 8216
condemnation proceedings pursuant to Section 11-27-1 et seq., 8217
Mississippi Code of 1972, and for such purpose, the right of 8218
eminent domain is hereby conferred upon and vested in said board. 8219
Provided further, that the local school board is authorized to 8220
grant an easement for ingress and egress over sixteenth section 8221
land or lieu land in exchange for a similar easement upon 8222
adjoining land where the exchange of easements affords substantial 8223
benefit to the sixteenth section land; provided, however, the 8224
exchange must be based upon values as determined by a competent 8225
appraiser, with any differential in value to be adjusted by cash 8226
payment. Any easement rights granted over sixteenth section land 8227
under such authority shall terminate when the easement ceases to 8228
be used for its stated purpose. No sixteenth section or lieu land 8229
which is subject to an existing lease shall be burdened by any 8230
such easement except by consent of the lessee or unless the school 8231
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district shall acquire the unexpired leasehold interest affected 8232
by the easement; 8233
(bb) To charge reasonable fees related to the 8234
educational programs of the district, in the manner prescribed in 8235
Section 37-7-335; 8236
(cc) Subject to rules and regulations of the State 8237
Board of Education, to purchase relocatable classrooms for the use 8238
of such school district, in the manner prescribed in Section 8239
37-1-13; 8240
(dd) Enter into contracts or agreements with other 8241
school districts, political subdivisions or governmental entities 8242
to carry out one or more of the powers or duties of the school 8243
board, or to allow more efficient utilization of limited resources 8244
for providing services to the public; 8245
(ee) To provide for in-service training for employees 8246
of the district; 8247
(ff) As part of their duties to prescribe the use of 8248
textbooks, to provide that parents and legal guardians shall be 8249
responsible for the textbooks and for the compensation to the 8250
school district for any books which are not returned to the proper 8251
schools upon the withdrawal of their dependent child. If a 8252
textbook is lost or not returned by any student who drops out of 8253
the public school district, the parent or legal guardian shall 8254
also compensate the school district for the fair market value of 8255
the textbooks; 8256
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(gg) To conduct fund-raising activities on behalf of 8257
the school district that the local school board, in its 8258
discretion, deems appropriate or beneficial to the official or 8259
extracurricular programs of the district; provided that: 8260
(i) Any proceeds of the fund-raising activities 8261
shall be treated as "activity funds" and shall be accounted for as 8262
are other activity funds under this section; and 8263
(ii) Fund-raising activities conducted or 8264
authorized by the board for the sale of school pictures, the 8265
rental of caps and gowns or the sale of graduation invitations for 8266
which the school board receives a commission, rebate or fee shall 8267
contain a disclosure statement advising that a portion of the 8268
proceeds of the sales or rentals shall be contributed to the 8269
student activity fund; 8270
(hh) To allow individual lessons for music, art and 8271
other curriculum-related activities for academic credit or 8272
nonacademic credit during school hours and using school equipment 8273
and facilities, subject to uniform rules and regulations adopted 8274
by the school board; 8275
(ii) To charge reasonable fees for participating in an 8276
extracurricular activity for academic or nonacademic credit for 8277
necessary and required equipment such as safety equipment, band 8278
instruments and uniforms; 8279
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(jj) To conduct or participate in any fund-raising 8280
activities on behalf of or in connection with a tax-exempt 8281
charitable organization; 8282
(kk) To exercise such powers as may be reasonably 8283
necessary to carry out the provisions of this section; 8284
(ll) To expend funds for the services of nonprofit arts 8285
organizations or other such nonprofit organizations who provide 8286
performances or other services for the students of the school 8287
district; 8288
(mm) To expend federal No Child Left Behind Act funds, 8289
or any other available funds that are expressly designated and 8290
authorized for that use, to pay training, educational expenses, 8291
salary incentives and salary supplements to employees of local 8292
school districts; except that incentives shall not be considered 8293
part of the local supplement, nor shall incentives be considered 8294
part of the local supplement paid to an individual teacher for the 8295
purposes of Section 37-19-7(1); 8296
(nn) To use any available funds, not appropriated or 8297
designated for any other purpose, for reimbursement to the 8298
state-licensed employees from both in state and out of state, who 8299
enter into a contract for employment in a school district, for the 8300
expense of moving when the employment necessitates the relocation 8301
of the licensed employee to a different geographical area than 8302
that in which the licensed employee resides before entering into 8303
the contract. The reimbursement shall not exceed One Thousand 8304
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Dollars ($1,000.00) for the documented actual expenses incurred in 8305
the course of relocating, including the expense of any 8306
professional moving company or persons employed to assist with the 8307
move, rented moving vehicles or equipment, mileage in the amount 8308
authorized for county and municipal employees under Section 8309
25-3-41 if the licensed employee used his personal vehicle or 8310
vehicles for the move, meals and such other expenses associated 8311
with the relocation. No licensed employee may be reimbursed for 8312
moving expenses under this section on more than one (1) occasion 8313
by the same school district. Nothing in this section shall be 8314
construed to require the actual residence to which the licensed 8315
employee relocates to be within the boundaries of the school 8316
district that has executed a contract for employment in order for 8317
the licensed employee to be eligible for reimbursement for the 8318
moving expenses. However, the licensed employee must relocate 8319
within the boundaries of the State of Mississippi. Any individual 8320
receiving relocation assistance through the Critical Teacher 8321
Shortage Act as provided in Section 37-159-5 shall not be eligible 8322
to receive additional relocation funds as authorized in this 8323
paragraph; 8324
(oo) To use any available funds, not appropriated or 8325
designated for any other purpose, to reimburse persons who 8326
interview for employment as a licensed employee with the district 8327
for the mileage and other actual expenses incurred in the course 8328
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of travel to and from the interview at the rate authorized for 8329
county and municipal employees under Section 25-3-41; 8330
(pp) Consistent with the report of the Task Force to 8331
Conduct a Best Financial Management Practices Review, to improve 8332
school district management and use of resources and identify cost 8333
savings as established in Section 8 of Chapter 610, Laws of 2002, 8334
local school boards are encouraged to conduct independent reviews 8335
of the management and efficiency of schools and school districts. 8336
Such management and efficiency reviews shall provide state and 8337
local officials and the public with the following: 8338
(i) An assessment of a school district's 8339
governance and organizational structure; 8340
(ii) An assessment of the school district's 8341
financial and personnel management; 8342
(iii) An assessment of revenue levels and sources; 8343
(iv) An assessment of facilities utilization, 8344
planning and maintenance; 8345
(v) An assessment of food services, transportation 8346
and safety/security systems; 8347
(vi) An assessment of instructional and 8348
administrative technology; 8349
(vii) A review of the instructional management and 8350
the efficiency and effectiveness of existing instructional 8351
programs; and 8352
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(viii) Recommended methods for increasing 8353
efficiency and effectiveness in providing educational services to 8354
the public; 8355
(qq) To enter into agreements with other local school 8356
boards for the establishment of an educational service agency 8357
(ESA) to provide for the cooperative needs of the region in which 8358
the school district is located, as provided in Section 37-7-345; 8359
(rr) To implement a financial literacy program for 8360
students in Grades 10 and 11. The board may review the national 8361
programs and obtain free literature from various nationally 8362
recognized programs. After review of the different programs, the 8363
board may certify a program that is most appropriate for the 8364
school districts' needs. If a district implements a financial 8365
literacy program, then any student in Grade 10 or 11 may 8366
participate in the program. The financial literacy program shall 8367
include, but is not limited to, instruction in the same areas of 8368
personal business and finance as required under Section 8369
37-1-3(2)(b). The school board may coordinate with volunteer 8370
teachers from local community organizations, including, but not 8371
limited to, the following: United States Department of 8372
Agriculture Rural Development, United States Department of Housing 8373
and Urban Development, Junior Achievement, bankers and other 8374
nonprofit organizations. Nothing in this paragraph shall be 8375
construed as to require school boards to implement a financial 8376
literacy program; 8377
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(ss) To collaborate with the State Board of Education, 8378
Community Action Agencies or the Department of Human Services to 8379
develop and implement a voluntary program to provide services for 8380
a prekindergarten program that addresses the cognitive, social, 8381
and emotional needs of four-year-old and three-year-old children. 8382
The school board may utilize any source of available revenue to 8383
fund the voluntary program. Effective with the 2013-2014 school 8384
year, to implement voluntary prekindergarten programs under the 8385
Early Learning Collaborative Act of 2013 pursuant to state funds 8386
awarded by the State Department of Education on a matching basis; 8387
(tt) With respect to any lawful, written obligation of 8388
a school district, including, but not limited to, leases 8389
(excluding leases of sixteenth section public school trust land), 8390
bonds, notes, or other agreement, to agree in writing with the 8391
obligee that the Department of Revenue or any state agency, 8392
department or commission created under state law may: 8393
(i) Withhold all or any part (as agreed by the 8394
school board) of any monies which such local school board is 8395
entitled to receive from time to time under any law and which is 8396
in the possession of the Department of Revenue, or any state 8397
agency, department or commission created under state law; and 8398
(ii) Pay the same over to any financial 8399
institution, trustee or other obligee, as directed in writing by 8400
the school board, to satisfy all or part of such obligation of the 8401
school district. 8402
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The school board may make such written agreement to withhold 8403
and transfer funds irrevocable for the term of the written 8404
obligation and may include in the written agreement any other 8405
terms and provisions acceptable to the school board. If the 8406
school board files a copy of such written agreement with the 8407
Department of Revenue, or any state agency, department or 8408
commission created under state law then the Department of Revenue 8409
or any state agency, department or commission created under state 8410
law shall immediately make the withholdings provided in such 8411
agreement from the amounts due the local school board and shall 8412
continue to pay the same over to such financial institution, 8413
trustee or obligee for the term of the agreement. 8414
This paragraph (tt) shall not grant any extra authority to a 8415
school board to issue debt in any amount exceeding statutory 8416
limitations on assessed value of taxable property within such 8417
school district or the statutory limitations on debt maturities, 8418
and shall not grant any extra authority to impose, levy or collect 8419
a tax which is not otherwise expressly provided for, and shall not 8420
be construed to apply to sixteenth section public school trust 8421
land; 8422
(uu) With respect to any matter or transaction that is 8423
competitively bid by a school district, to accept from any bidder 8424
as a good-faith deposit or bid bond or bid surety, the same type 8425
of good-faith deposit or bid bond or bid surety that may be 8426
accepted by the state or any other political subdivision on 8427
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similar competitively bid matters or transactions. This paragraph 8428
(uu) shall not be construed to apply to sixteenth section public 8429
school trust land. The school board may authorize the investment 8430
of any school district funds in the same kind and manner of 8431
investments, including pooled investments, as any other political 8432
subdivision, including community hospitals; 8433
(vv) To utilize the alternate method for the conveyance 8434
or exchange of unused school buildings and/or land, reserving a 8435
partial or other undivided interest in the property, as 8436
specifically authorized and provided in Section 37-7-485; 8437
(ww) To delegate, privatize or otherwise enter into a 8438
contract with private entities for the operation of any and all 8439
functions of nonacademic school process, procedures and operations 8440
including, but not limited to, cafeteria workers, janitorial 8441
services, transportation, professional development, achievement 8442
and instructional consulting services materials and products, 8443
purchasing cooperatives, insurance, business manager services, 8444
auditing and accounting services, school safety/risk prevention, 8445
data processing and student records, and other staff services; 8446
however, the authority under this paragraph does not apply to the 8447
leasing, management or operation of sixteenth section lands. 8448
Local school districts, working through their regional education 8449
service agency, are encouraged to enter into buying consortia with 8450
other member districts for the purposes of more efficient use of 8451
state resources as described in Section 37-7-345; 8452
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(xx) To partner with entities, organizations and 8453
corporations for the purpose of benefiting the school district; 8454
(yy) To borrow funds from the Rural Economic 8455
Development Authority for the maintenance of school buildings; 8456
(zz) To fund and operate voluntary early childhood 8457
education programs, defined as programs for children less than 8458
five (5) years of age on or before September 1, and to use any 8459
source of revenue for such early childhood education programs. 8460
Such programs shall not conflict with the Early Learning 8461
Collaborative Act of 2013; 8462
(aaa) To issue and provide for the use of procurement 8463
cards by school board members, superintendents and licensed school 8464
personnel consistent with the rules and regulations of the 8465
Mississippi Department of Finance and Administration under Section 8466
31-7-9; and 8467
(bbb) To conduct an annual comprehensive evaluation of 8468
the superintendent of schools consistent with the assessment 8469
components of paragraph (pp) of this section and the assessment 8470
benchmarks established by the Mississippi School Board Association 8471
to evaluate the success the superintendent has attained in meeting 8472
district goals and objectives, the superintendent's leadership 8473
skill and whether or not the superintendent has established 8474
appropriate standards for performance, is monitoring success and 8475
is using data for improvement. 8476
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SECTION 67. Section 37-7-302, Mississippi Code of 1972, is 8477
brought forward as follows: 8478
37-7-302. The board of trustees of any school district shall 8479
be authorized to borrow such funds as may be reasonable and 8480
necessary from the federal government, the State of Mississippi or 8481
any political subdivision or entity thereof, or any other 8482
governmental agency, from any individual, partnership, nonprofit 8483
corporation or private for-profit corporation, to aid such school 8484
districts in asbestos removal, to be repaid out of any funds other 8485
than the total funding formula funds provided for in Sections 8486
37-151-200 through 37-151-215; provided, however, that the grant 8487
of authority shall in no way be construed to require said boards 8488
of trustees to remove asbestos material or substances from any 8489
facilities under their control, nor shall there be any liability 8490
to said school districts or boards for the failure to so remove 8491
such asbestos materials. All indebtedness incurred under the 8492
provisions of this section shall be evidenced by the negotiable 8493
notes or certificates of indebtedness of the school district on 8494
whose behalf the money is borrowed. Said notes or certificates of 8495
indebtedness of the school district on whose behalf the money is 8496
borrowed shall be signed by the president of the school board and 8497
superintendent of schools of such school district. Such notes or 8498
certificates of indebtedness shall not bear a greater overall 8499
maximum interest rate to maturity than the rates now or hereafter 8500
authorized under the provisions of Section 19-9-19. No such notes 8501
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or certificates of indebtedness shall be issued and sold for less 8502
than par and accrued interest. All notes or certificates of 8503
indebtedness shall mature in approximately equal installments of 8504
principal and interest over a period not to exceed twenty (20) 8505
years from the dates of the issuance thereof. Principal and 8506
interest shall be payable in such manner as may be determined by 8507
the school board. Such notes or certificates of indebtedness shall 8508
be issued in such form and in such denominations as may be 8509
determined by the school board and same may be made payable at the 8510
office of any bank or trust company selected by the school board 8511
and, in such case, funds for the payment of principal and interest 8512
due thereon shall be provided in the same manner provided by law 8513
for the payment of the principal and interest due on bonds issued 8514
by the taxing districts of this state. 8515
SECTION 68. Section 37-7-303, Mississippi Code of 1972, is 8516
brought forward as follows: 8517
37-7-303. (1) The school board of any school district may 8518
insure motor vehicles for any hazard that the board may choose, 8519
and shall insure the school buildings, equipment and other school 8520
property of the district against any and all hazards that the 8521
board may deem necessary to provide insurance against. In 8522
addition, the local school board of any school district shall 8523
purchase and maintain business property insurance and business 8524
personal property insurance on all school district-owned buildings 8525
and/or contents as required by federal law and regulations of the 8526
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Federal Emergency Management Agency (FEMA) as is necessary for 8527
receiving public assistance or reimbursement for repair, 8528
reconstruction, replacement or other damage to those buildings 8529
and/or contents caused by the Hurricane Katrina Disaster of 2005 8530
or subsequent disasters. The school district is authorized to 8531
expend funds from any available source for the purpose of 8532
obtaining and maintaining that property insurance. The school 8533
district is authorized to enter into agreements with the 8534
Department of Finance and Administration, other local school 8535
districts, community or junior college districts, state 8536
institutions of higher learning, community hospitals and/or other 8537
state agencies to pool their liabilities to participate in a group 8538
business property and/or business personal property insurance 8539
program, subject to uniform rules and regulations as may be 8540
adopted by the Department of Finance and Administration. Such 8541
school board shall be authorized to contract for such insurance 8542
for a term of not exceeding five (5) years and to obligate the 8543
district for the payment of the premiums thereon. When necessary, 8544
the school board is authorized and empowered, in its discretion, 8545
to borrow money payable in annual installments for a period of not 8546
exceeding five (5) years at a rate of interest not exceeding eight 8547
percent (8%) per annum to provide funds to pay such insurance 8548
premiums. The money so borrowed and the interest thereon shall be 8549
payable from any school funds of the district other than the total 8550
funding formula funds provided for in Sections 37-151-200 through 8551
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37-151-215. The school boards of school districts are further 8552
authorized and empowered, in all cases where same may be 8553
necessary, to bring and maintain suits and other actions in any 8554
court of competent jurisdiction for the purpose of collecting the 8555
proceeds of insurance policies issued upon the property of such 8556
school district. 8557
(2) Two (2) or more school districts, together with other 8558
educational entities or agencies, may agree to pool their 8559
liabilities to participate in a group workers' compensation 8560
program. The governing authorities of any school board or other 8561
educational entity or agency may authorize the organization and 8562
operation of, or the participation in such a group self-insurance 8563
program with other school boards and educational entities or 8564
agencies, subject to the requirements of Section 71-3-5. The 8565
Workers' Compensation Commission shall approve such group 8566
self-insurance programs subject to uniform rules and regulations 8567
as may be adopted by the commission applicable to all groups. 8568
(3) The governing board of any county, municipality, 8569
municipal separate school district, other school district or 8570
community/junior college district, and the governing board or head 8571
of any other political subdivision or entity may negotiate for, 8572
secure and pool their risks under this section and may provide for 8573
the purchase of any one or more policies of property insurance, or 8574
the establishment of a self-insurance fund or self-insurance 8575
reserves, or any combination thereof. The governing board of any 8576
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political subdivision or other entity set forth in this section is 8577
authorized to expend funds from any available source for the 8578
purpose of obtaining and maintaining that property insurance. The 8579
administration and service of any such self-insurance program 8580
shall be contracted to a third party and approved by the 8581
Commissioner of Insurance. 8582
SECTION 69. Section 37-7-307, Mississippi Code of 1972, is 8583
brought forward as follows: 8584
37-7-307. (1) For purposes of this section, the term 8585
"licensed employee" means any employee of a public school district 8586
required to hold a valid license by the Commission on Teacher and 8587
Administrator Education, Certification and Licensure and 8588
Development. 8589
(2) The school board of a school district shall establish by 8590
rules and regulations a policy of sick leave with pay for licensed 8591
employees and teacher assistants employed in the school district, 8592
and such policy shall include the following minimum provisions for 8593
sick and emergency leave with pay: 8594
(a) Each licensed employee and teacher assistant, at 8595
the beginning of each school year, shall be credited with a 8596
minimum sick leave allowance, with pay, of seven (7) days for 8597
absences caused by illness or physical disability of the employee 8598
during that school year. 8599
(b) Any unused portion of the total sick leave 8600
allowance shall be carried over to the next school year and 8601
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credited to such licensed employee and teacher assistant if the 8602
licensed employee or teacher assistant remains employed in the 8603
same school district. In the event any public school licensed 8604
employee or teacher assistant transfers from one public school 8605
district in Mississippi to another, any unused portion of the 8606
total sick leave allowance credited to such licensed employee or 8607
teacher assistant shall be credited to such licensed employee or 8608
teacher assistant in the computation of unused leave for 8609
retirement purposes under Section 25-11-109. Accumulation of sick 8610
leave allowed under this section shall be unlimited. 8611
(c) No deduction from the pay of such licensed employee 8612
or teacher assistant may be made because of absence of such 8613
licensed employee or teacher assistant caused by illness or 8614
physical disability of the licensed employee or teacher assistant 8615
until after all sick leave allowance credited to such licensed 8616
employee or teacher assistant has been used. 8617
(d) For the first ten (10) days of absence of a 8618
licensed employee because of illness or physical disability, in 8619
any school year, in excess of the sick leave allowance credited to 8620
such licensed employee, there shall be deducted from the pay of 8621
such licensed employee the established substitute amount of 8622
licensed employee compensation paid in that local school district, 8623
necessitated because of the absence of the licensed employee as a 8624
result of illness or physical disability. In lieu of deducting 8625
the established substitute amount from the pay of such licensed 8626
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employee, the policy may allow the licensed employee to receive 8627
full pay for the first ten (10) days of absence because of illness 8628
or physical disability, in any school year, in excess of the sick 8629
leave allowance credited to such licensed employee. Thereafter, 8630
the regular pay of such absent licensed employee shall be 8631
suspended and withheld in its entirety for any period of absence 8632
because of illness or physical disability during that school year. 8633
(3) (a) Beginning with the school year 1983-1984, each 8634
licensed employee at the beginning of each school year shall be 8635
credited with a minimum personal leave allowance, with pay, of two 8636
(2) days for absences caused by personal reasons during that 8637
school year. Effective for the 2010-2011 and 2011-2012 school 8638
years, licensed employees shall be credited with an additional 8639
one-half (1/2) day of personal leave for every day the licensed 8640
employee is furloughed without pay as provided in Section 8641
37-7-308. Except as otherwise provided in paragraph (b) of this 8642
subsection, such personal leave shall not be taken on the first 8643
day of the school term, the last day of the school term, on a day 8644
previous to a holiday or a day after a holiday. Personal leave 8645
may be used for professional purposes, including absences caused 8646
by attendance of such licensed employee at a seminar, class, 8647
training program, professional association or other functions 8648
designed for educators. No deduction from the pay of such 8649
licensed employee may be made because of absence of such licensed 8650
employee caused by personal reasons until after all personal leave 8651
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allowance credited to such licensed employee has been used. 8652
However, the superintendent of a school district, in his 8653
discretion, may allow a licensed employee personal leave in 8654
addition to any minimum personal leave allowance, under the 8655
condition that there shall be deducted from the salary of such 8656
licensed employee the actual amount of any compensation paid to 8657
any person as a substitute, necessitated because of the absence of 8658
the licensed employee. Any unused portion of the total personal 8659
leave allowance up to five (5) days shall be carried over to the 8660
next school year and credited to such licensed employee if the 8661
licensed employee remains employed in the same school district. 8662
Any personal leave allowed for a furlough day shall not be carried 8663
over to the next school year. 8664
(b) Notwithstanding the restrictions on the use of 8665
personal leave prescribed under paragraph (a) of this subsection, 8666
a licensed employee may use personal leave as follows: 8667
(i) Personal leave may be taken on the first day 8668
of the school term, the last day of the school term, on a day 8669
previous to a holiday or a day after a holiday if, on the 8670
applicable day, an immediate family member of the employee is 8671
being deployed for military service. 8672
(ii) Personal leave may be taken on a day previous 8673
to a holiday or a day after a holiday if an employee of a school 8674
district has either a minimum of ten (10) years' experience as an 8675
employee of that school district or a minimum of thirty (30) days 8676
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of unused accumulated leave that has been earned while employed in 8677
that school district. 8678
(iii) Personal leave may be taken on the first day 8679
of the school term, the last day of the school term, on a day 8680
previous to a holiday or a day after a holiday if, on the 8681
applicable day, the employee has been summoned to appear for jury 8682
duty or as a witness in court. 8683
(iv) Personal leave may be taken on the first day 8684
of the school term, the last day of the school term, on a day 8685
previous to a holiday or a day after a holiday if, on the 8686
applicable day, an immediate family member of the employee dies or 8687
funeral services are held. Any day of the three (3) bereavement 8688
days may be used at the discretion of the teacher, and are not 8689
required to be taken in consecutive succession. 8690
For the purpose of this subsection (3), the term "immediate 8691
family member" means spouse, parent, stepparent, child or 8692
stepchild, grandparent or sibling, including a stepbrother or 8693
stepsister. 8694
(4) Beginning with the school year 1992-1993, each licensed 8695
employee shall be credited with a professional leave allowance, 8696
with pay, for each day of absence caused by reason of such 8697
employee's statutorily required membership and attendance at a 8698
regular or special meeting held within the State of Mississippi of 8699
the State Board of Education, the Commission on Teacher and 8700
Administrator Education, Certification and Licensure and 8701
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Development, the Commission on School Accreditation, the 8702
Mississippi Authority for Educational Television, the meetings of 8703
the state textbook rating committees or other meetings authorized 8704
by local school board policy. 8705
(5) Upon retirement from employment, each licensed and 8706
nonlicensed employee shall be paid for not more than thirty (30) 8707
days of unused accumulated leave earned while employed by the 8708
school district in which the employee is last employed. Such 8709
payment for licensed employees shall be made by the school 8710
district at a rate equal to the amount paid to substitute teachers 8711
and for nonlicensed employees, the payment shall be made by the 8712
school district at a rate equal to the federal minimum wage. The 8713
payment shall be treated in the same manner for retirement 8714
purposes as a lump-sum payment for personal leave as provided in 8715
Section 25-11-103(f). Any remaining lawfully credited unused 8716
leave, for which payment has not been made, shall be certified to 8717
the Public Employees' Retirement System in the same manner and 8718
subject to the same limitations as otherwise provided by law for 8719
unused leave. No payment for unused accumulated leave may be made 8720
to either a licensed or nonlicensed employee at termination or 8721
separation from service for any purpose other than for the purpose 8722
of retirement. 8723
(6) The school board may adopt rules and regulations which 8724
will reasonably aid to implement the policy of sick and personal 8725
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leave, including, but not limited to, rules and regulations having 8726
the following general effect: 8727
(a) Requiring the absent employee to furnish the 8728
certificate of a physician or dentist or other medical 8729
practitioner as to the illness of the absent licensed employee, 8730
where the absence is for four (4) or more consecutive school days, 8731
or for two (2) consecutive school days immediately preceding or 8732
following a nonschool day; 8733
(b) Providing penalties, by way of full deduction from 8734
salary, or entry on the work record of the employee, or other 8735
appropriate penalties, for any materially false statement by the 8736
employee as to the cause of absence; 8737
(c) Forfeiture of accumulated or future sick leave, if 8738
the absence of the employee is caused by optional dental or 8739
medical treatment or surgery which could, without medical risk, 8740
have been provided, furnished or performed at a time when school 8741
was not in session; 8742
(d) Enlarging, increasing or providing greater sick or 8743
personal leave allowances than the minimum standards established 8744
by this section in the discretion of the school board of each 8745
school district. 8746
(7) School boards may include in their budgets provisions 8747
for the payment of substitute employees, necessitated because of 8748
the absence of regular licensed employees. All such substitute 8749
employees shall be paid wholly from district funds. Such school 8750
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boards, in their discretion, also may pay, from district funds 8751
other than the total funding formula funds provided for in 8752
Sections 37-151-200 through 37-151-215, the whole or any part of 8753
the salaries of all employees granted leaves for the purpose of 8754
special studies or training. 8755
(8) The school board may further adopt rules and regulations 8756
which will reasonably implement such leave policies for all other 8757
nonlicensed and hourly paid school employees as the board deems 8758
appropriate. Effective for the 2010-2011 and 2011-2012 school 8759
years, nonlicensed employees shall be credited with an additional 8760
one-half (1/2) day of personal leave for every day the nonlicensed 8761
employee is furloughed without pay as provided in Section 8762
37-7-308. 8763
(9) Vacation leave granted to either licensed or nonlicensed 8764
employees shall be synonymous with personal leave. Unused 8765
vacation or personal leave accumulated by licensed employees in 8766
excess of the maximum five (5) days which may be carried over from 8767
one year to the next may be converted to sick leave. The annual 8768
conversion of unused vacation or personal leave to sick days for 8769
licensed or unlicensed employees shall not exceed the allowable 8770
number of personal leave days as provided in Section 25-3-93. The 8771
annual total number of converted unused vacation and/or personal 8772
days added to the annual unused sick days for any employee shall 8773
not exceed the combined allowable number of days per year provided 8774
in Sections 25-3-93 and 25-3-95. Local school board policies that 8775
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provide for vacation, personal and sick leave for employees shall 8776
not exceed the provisions for leave as provided in Sections 8777
25-3-93 and 25-3-95. Any personal or vacation leave previously 8778
converted to sick leave under a lawfully adopted policy before May 8779
1, 2004, or such personal or vacation leave accumulated and 8780
available for use prior to May 1, 2004, under a lawfully adopted 8781
policy but converted to sick leave after May 1, 2004, shall be 8782
recognized as accrued leave by the local school district and 8783
available for use by the employee. The leave converted under a 8784
lawfully adopted policy prior to May 1, 2004, or such personal and 8785
vacation leave accumulated and available for use as of May 1, 8786
2004, which was subsequently converted to sick leave may be 8787
certified to the Public Employees' Retirement System upon 8788
termination of employment and any such leave previously converted 8789
and certified to the Public Employees' Retirement System shall be 8790
recognized. 8791
(10) (a) For the purposes of this subsection, the following 8792
words and phrases shall have the meaning ascribed in this 8793
paragraph unless the context requires otherwise: 8794
(i) "Catastrophic injury or illness" means a 8795
life-threatening injury or illness of an employee or a member of 8796
an employee's immediate family that totally incapacitates the 8797
employee from work, as verified by a licensed physician, and 8798
forces the employee to exhaust all leave time earned by that 8799
employee, resulting in the loss of compensation from the local 8800
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school district for the employee. Conditions that are short-term 8801
in nature, including, but not limited to, common illnesses such as 8802
influenza and the measles, and common injuries, are not 8803
catastrophic. Chronic illnesses or injuries, such as cancer or 8804
major surgery, that result in intermittent absences from work and 8805
that are long-term in nature and require long recuperation periods 8806
may be considered catastrophic. 8807
(ii) "Immediate family" means spouse, parent, 8808
stepparent, sibling, child or stepchild, grandparent, stepbrother 8809
or stepsister. 8810
(b) Any school district employee may donate a portion 8811
of his or her unused accumulated personal leave or sick leave to 8812
another employee of the same school district who is suffering from 8813
a catastrophic injury or illness or who has a member of his or her 8814
immediate family suffering from a catastrophic injury or illness, 8815
in accordance with the following: 8816
(i) The employee donating the leave (the "donor 8817
employee") shall designate the employee who is to receive the 8818
leave (the "recipient employee") and the amount of unused 8819
accumulated personal leave and sick leave that is to be donated, 8820
and shall notify the school district superintendent or his 8821
designee of his or her designation. 8822
(ii) The maximum amount of unused accumulated 8823
personal leave that an employee may donate to any other employee 8824
may not exceed a number of days that would leave the donor 8825
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employee with fewer than seven (7) days of personal leave 8826
remaining, and the maximum amount of unused accumulated sick leave 8827
that an employee may donate to any other employee may not exceed 8828
fifty percent (50%) of the unused accumulated sick leave of the 8829
donor employee. 8830
(iii) An employee must have exhausted all of his 8831
or her available leave before he or she will be eligible to 8832
receive any leave donated by another employee. Eligibility for 8833
donated leave shall be based upon review and approval by the donor 8834
employee's supervisor. 8835
(iv) Before an employee may receive donated leave, 8836
he or she must provide the school district superintendent or his 8837
designee with a physician's statement that states that the illness 8838
meets the catastrophic criteria established under this section, 8839
the beginning date of the catastrophic injury or illness, a 8840
description of the injury or illness, and a prognosis for recovery 8841
and the anticipated date that the recipient employee will be able 8842
to return to work. 8843
(v) Before an employee may receive donated leave, 8844
the superintendent of education of the school district shall 8845
appoint a review committee to approve or disapprove the said 8846
donations of leave, including the determination that the illness 8847
is catastrophic within the meaning of this section. 8848
(vi) If the total amount of leave that is donated 8849
to any employee is not used by the recipient employee, the whole 8850
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days of donated leave shall be returned to the donor employees on 8851
a pro rata basis, based on the ratio of the number of days of 8852
leave donated by each donor employee to the total number of days 8853
of leave donated by all donor employees. 8854
(vii) Donated leave shall not be used in lieu of 8855
disability retirement. 8856
(11) Effective January 1, 2020, the provisions of this 8857
section shall be fully applicable to any licensed employee of the 8858
Mississippi School of the Arts (MSA). 8859
SECTION 70. Section 37-7-319, Mississippi Code of 1972, is 8860
brought forward as follows: 8861
37-7-319. All public school boards may purchase group 8862
insurance coverage for the liability of all of its active 8863
full-time instructional and noninstructional personnel. Such 8864
policy shall be paid for with any funds available other than the 8865
total funding formula funds provided for in Sections 37-151-200 8866
through 37-151-215. 8867
SECTION 71. Section 37-7-333, Mississippi Code of 1972, is 8868
brought forward as follows: 8869
37-7-333. The school boards of all school districts shall 8870
have full control of the receipt, distribution, allotment and 8871
disbursement of all funds which may be provided for the support 8872
and maintenance of the schools of such district whether such funds 8873
be allotments from the total funding formula as provided for in 8874
Sections 37-151-200 through 37-151-215, funds derived from 8875
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supplementary tax levies as authorized by law, or funds derived 8876
from any other source whatsoever except as may otherwise be 8877
provided by law for control of the proceeds from school bonds or 8878
notes and the taxes levied to pay the principal of and interest on 8879
such bonds or notes. The tax collector of each county shall make 8880
reports, in writing, verified by his affidavit, on or before the 8881
twentieth day of each month to the superintendent of schools of 8882
each school district within such county reflecting all school 8883
district taxes collected by him for the support of said school 8884
district during the preceding month. He shall at the same time 8885
pay over all such school district taxes collected by him for the 8886
support of said school district directly to said superintendent of 8887
schools. 8888
All such allotments or funds shall be placed in the 8889
depository or depositories selected by the school board in the 8890
same manner as provided in Section 27-105-305 for the selection of 8891
county depositories. Provided, however, the annual notice to be 8892
given by the school board to financial institutions may be given 8893
by the school board at any regular meeting subsequent to the 8894
board's regular December meeting but prior to the regular May 8895
meeting. The bids of financial institutions for the privilege of 8896
keeping school funds may be received by the school board at some 8897
subsequent meeting, but no later than the regular June meeting; 8898
and the selection by the school board of the depository or 8899
depositories shall be effective on July 1 of each year. School 8900
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assistant teachers.
boards shall advertise and accept bids for depositories, no less 8901
than once every three (3) years, when such board determines that 8902
it can obtain a more favorable rate of interest and less 8903
administrative processing. Such depository shall place on deposit 8904
with the superintendent of schools the same securities as required 8905
in Section 27-105-315. 8906
In the event a bank submits a bid or offer to a school 8907
district to act as a depository for the district and such bid or 8908
offer, if accepted, would result in a contract in which a member 8909
of the school board would have a direct or indirect interest, the 8910
school board should not open or consider any bids received. The 8911
superintendent of schools shall submit the matter to the State 8912
Treasurer, who shall have the authority to solicit bids, select a 8913
depository or depositories, make all decisions and take any action 8914
within the authority of the school board under this section 8915
relating to the selection of a depository or depositories. 8916
SECTION 72. Section 37-7-419, Mississippi Code of 1972, is 8917
brought forward as follows: 8918
37-7-419. The various school districts which may become 8919
parties to any such agreement are authorized to appropriate and 8920
expend for the purposes thereof any and all funds which may be 8921
required to carry out the terms of any such agreement from any 8922
funds available to any such party to such an agreement not 8923
otherwise appropriated without limitation as to the source of such 8924
funds, including total funding formula funds as provided for in 8925
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Sections 37-151-200 through 37-151-215, sixteenth section funds, 8926
funds received from the federal government or other sources by way 8927
of grant, donation or otherwise, and funds which may be available 8928
to any such party through the State Department of Education or any 8929
other agency of the state, regardless of the party to such 8930
agreement designated thereby to be primarily responsible for the 8931
construction or operation of any such regional high school center 8932
and regardless of the limitation on the expenditure of any such 8933
funds imposed by any other statute. However, no such funds whose 8934
use was originally limited to the construction of capital 8935
improvements shall be utilized for the purpose of defraying the 8936
administrative or operating costs of any such center. Any one or 8937
more of the parties to such an agreement may be designated as the 8938
fiscal agent or contracting party in carrying out any of the 8939
purposes of such agreement, and any and all funds authorized to be 8940
spent therefor by any of the said parties may be paid over to the 8941
fiscal agent or contracting party for disbursement by such fiscal 8942
agent or contracting party. Such disbursements shall be made and 8943
contracted for under the laws and regulations applicable to such 8944
fiscal or disbursing agent. All of the school district parties to 8945
any such agreement may issue bonds, negotiable notes or other 8946
evidences of indebtedness for the purpose of providing funds for 8947
the acquisition of land and for the construction of buildings and 8948
permanent improvements under the terms of any such agreement under 8949
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any existing laws authorizing the issuance or sale thereof to 8950
provide funds for any capital improvement. 8951
SECTION 73. Section 37-9-17, Mississippi Code of 1972, is 8952
brought forward as follows: 8953
37-9-17. (1) On or before April 1 of each year, the 8954
principal of each school shall recommend to the superintendent of 8955
the local school district the licensed employees or 8956
noninstructional employees to be employed for the school involved 8957
except those licensed employees or noninstructional employees who 8958
have been previously employed and who have a contract valid for 8959
the ensuing scholastic year. If such recommendations meet with 8960
the approval of the superintendent, the superintendent shall 8961
recommend the employment of such licensed employees or 8962
noninstructional employees to the local school board, and, unless 8963
good reason to the contrary exists, the board shall elect the 8964
employees so recommended. If, for any reason, the local school 8965
board shall decline to elect any employee so recommended, 8966
additional recommendations for the places to be filled shall be 8967
made by the principal to the superintendent and then by the 8968
superintendent to the local school board as provided above. The 8969
school board of any local school district shall be authorized to 8970
designate a personnel supervisor or another principal employed by 8971
the school district to recommend to the superintendent licensed 8972
employees or noninstructional employees; however, this 8973
authorization shall be restricted to no more than two (2) 8974
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positions for each employment period for each school in the local 8975
school district. Any noninstructional employee employed upon the 8976
recommendation of a personnel supervisor or another principal 8977
employed by the local school district must have been employed by 8978
the local school district at the time the superintendent was 8979
elected or appointed to office; a noninstructional employee 8980
employed under this authorization may not be paid compensation in 8981
excess of the statewide average compensation for such 8982
noninstructional position with comparable experience, as 8983
established by the State Department of Education. The school 8984
board of any local school district shall be authorized to 8985
designate a personnel supervisor or another principal employed by 8986
the school district to accept the recommendations of principals or 8987
their designees for licensed employees or noninstructional 8988
employees and to transmit approved recommendations to the local 8989
school board; however, this authorization shall be restricted to 8990
no more than two (2) positions for each employment period for each 8991
school in the local school district. 8992
When the licensed employees have been elected as provided in 8993
the preceding paragraph, the superintendent of the district shall 8994
enter into a contract with such persons in the manner provided in 8995
this chapter. 8996
If, at the commencement of the scholastic year, any licensed 8997
employee shall present to the superintendent a license of a higher 8998
grade than that specified in such individual's contract, such 8999
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individual may, if funds are available from the total funding 9000
formula funds of the district as provided for in Sections 9001
37-151-200 through 37-151-215, or from district funds, be paid 9002
from such funds the amount to which such higher grade license 9003
would have entitled the individual, had the license been held at 9004
the time the contract was executed. 9005
(2) Superintendents/directors of schools under the purview 9006
of the State Board of Education, the superintendent of the local 9007
school district and any private firm under contract with the local 9008
public school district to provide substitute teachers to teach 9009
during the absence of a regularly employed schoolteacher shall 9010
require, through the appropriate governmental authority, that 9011
current criminal records background checks and current child abuse 9012
registry checks are obtained, and that such criminal record 9013
information and registry checks are on file for any new hires 9014
applying for employment as a licensed or nonlicensed employee at a 9015
school and not previously employed in such school under the 9016
purview of the State Board of Education or at such local school 9017
district prior to July 1, 2000. In order to determine the 9018
applicant's suitability for employment, the applicant shall be 9019
fingerprinted. If no disqualifying record is identified at the 9020
state level, the fingerprints shall be forwarded by the Department 9021
of Public Safety to the Federal Bureau of Investigation for a 9022
national criminal history record check. The fee for such 9023
fingerprinting and criminal history record check shall be paid by 9024
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the applicant, not to exceed Fifty Dollars ($50.00); however, the 9025
State Board of Education, the school board of the local school 9026
district or a private firm under contract with a local school 9027
district to provide substitute teachers to teach during the 9028
temporary absence of the regularly employed schoolteacher, in its 9029
discretion, may elect to pay the fee for the fingerprinting and 9030
criminal history record check on behalf of any applicant. Under 9031
no circumstances shall a member of the State Board of Education, 9032
superintendent/director of schools under the purview of the State 9033
Board of Education, local school district superintendent, local 9034
school board member or any individual other than the subject of 9035
the criminal history record checks disseminate information 9036
received through any such checks except insofar as required to 9037
fulfill the purposes of this section. Any nonpublic school which 9038
is accredited or approved by the State Board of Education may 9039
avail itself of the procedures provided for herein and shall be 9040
responsible for the same fee charged in the case of local public 9041
schools of this state. The determination whether the applicant 9042
has a disqualifying crime, as set forth in subsection (3) of this 9043
section, shall be made by the appropriate governmental authority, 9044
and the appropriate governmental authority shall notify the 9045
private firm whether a disqualifying crime exists. 9046
(3) If such fingerprinting or criminal record checks 9047
disclose a felony conviction, guilty plea or plea of nolo 9048
contendere to a felony of possession or sale of drugs, murder, 9049
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manslaughter, armed robbery, rape, sexual battery, sex offense 9050
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 9051
burglary, gratification of lust or aggravated assault which has 9052
not been reversed on appeal or for which a pardon has not been 9053
granted, the new hire shall not be eligible to be employed at such 9054
school. Any employment contract for a new hire executed by the 9055
superintendent of the local school district or any employment of a 9056
new hire by a superintendent/director of a new school under the 9057
purview of the State Board of Education or by a private firm shall 9058
be voidable if the new hire receives a disqualifying criminal 9059
record check. However, the State Board of Education or the school 9060
board may, in its discretion, allow any applicant aggrieved by the 9061
employment decision under this section to appear before the 9062
respective board, or before a hearing officer designated for such 9063
purpose, to show mitigating circumstances which may exist and 9064
allow the new hire to be employed at the school. The State Board 9065
of Education or local school board may grant waivers for such 9066
mitigating circumstances, which shall include, but not be limited 9067
to: (a) age at which the crime was committed; (b) circumstances 9068
surrounding the crime; (c) length of time since the conviction and 9069
criminal history since the conviction; (d) work history; (e) 9070
current employment and character references; (f) other evidence 9071
demonstrating the ability of the person to perform the employment 9072
responsibilities competently and that the person does not pose a 9073
threat to the health or safety of the children at the school. 9074
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(4) No local school district, local school district 9075
employee, member of the State Board of Education or employee of a 9076
school under the purview of the State Board of Education shall be 9077
held liable in any employment discrimination suit in which an 9078
allegation of discrimination is made regarding an employment 9079
decision authorized under this Section 37-9-17. 9080
(5) The provisions of this section shall be fully applicable 9081
to licensed employees of the Mississippi School of the Arts (MSA), 9082
established in Section 37-140-3. 9083
SECTION 74. Section 37-9-23, Mississippi Code of 1972, is 9084
brought forward as follows: 9085
37-9-23. The superintendent shall enter into a contract with 9086
each assistant superintendent, principal, licensed employee and 9087
person anticipating graduation from an approved teacher education 9088
program or the issuance of a proper license before October 15 or 9089
February 15, as the case may be, who is elected and approved for 9090
employment by the school board. Such contracts shall be in such 9091
form as shall be prescribed by the State Board of Education and 9092
shall be executed in duplicate with one (1) copy to be retained by 9093
the appropriate superintendent and one (1) copy to be retained by 9094
the principal, licensed employee or person recommended for a 9095
licensed position contracted with. The contract shall show the 9096
name of the district, the length of the school term, the position 9097
held (whether an assistant superintendent, principal or licensed 9098
employee), the scholastic years which it covers, the total amount 9099
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of the annual salary and how same is payable. The amount of 9100
salary to be shown in such contract shall be the amount which 9101
shall have been fixed and determined by the school board, but, as 9102
to the licensed employees paid, in whole or in part, with total 9103
funding formula funds as provided for in Sections 37-151-200 9104
through 37-151-215, such salary shall not be less than that 9105
required under the provisions of Chapter 19 of this title. 9106
Beginning with the 2010-2011 school year, the contract shall 9107
include a provision allowing the school district to reduce the 9108
state minimum salary by a pro rata daily amount in order to comply 9109
with the school district employee furlough provisions of Section 9110
37-7-308, and shall include a provision which conditions the 9111
payment of such salary upon the availability of uniform total 9112
funding formula funds. The contract entered into with any person 9113
recommended for a licensed position who is anticipating either 9114
graduation from an approved teacher education program before 9115
September 1 or December 31, as the case may be, or the issuance of 9116
a proper license before October 15 or February 15, as the case may 9117
be, shall be a conditional contract and shall include a provision 9118
stating that the contract will be null and void if, as specified 9119
in the contract, the contingency upon which the contract is 9120
conditioned has not occurred. If any superintendent, other than 9121
those elected, principal, licensed employee or person recommended 9122
for a licensed position who has been elected and approved shall 9123
not execute and return the contract within ten (10) days after 9124
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same has been tendered to him for execution, then, at the option 9125
of the school board, the election of the licensed employee and the 9126
contract tendered to him shall be void and of no effect. 9127
SECTION 75. Section 37-9-25, Mississippi Code of 1972, is 9128
brought forward as follows: 9129
37-9-25. The school board shall have the power and 9130
authority, in its discretion, to employ the superintendent, unless 9131
such superintendent is elected at the November 2015 general 9132
election, for not exceeding four (4) scholastic years and the 9133
principals or licensed employees for not exceeding three (3) 9134
scholastic years. In such case, contracts shall be entered into 9135
with such superintendents, principals and licensed employees for 9136
the number of years for which they have been employed. However, 9137
in the event that a vacancy in the office of the superintendent of 9138
schools elected at the November 2015 general election shall occur 9139
before January 1, 2019, the local school board shall then appoint 9140
the superintendent of the school district and enter into contract 9141
with the appointee for a period not to exceed three (3) scholastic 9142
years. All such contracts with licensed employees shall for the 9143
years after the first year thereof be subject to the contingency 9144
that the licensed employee may be released if, during the life of 9145
the contract, the net enrollment should decrease from that 9146
existing during the previous year and thus necessitate a reduction 9147
in the number of licensed employees during any year after the 9148
first year of the contract. However, in all such cases the 9149
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licensed employee must be released before July 1 or at least 9150
thirty (30) days prior to the beginning of the school term, 9151
whichever date should occur earlier. The salary to be paid for 9152
the years after the first year of such contract shall be subject 9153
to revision, either upward or downward, in the event of an 9154
increase or decrease in the funds available for the payment 9155
thereof, but, unless such salary is revised prior to the beginning 9156
of a school year, it shall remain for such school year at the 9157
amount fixed in such contract. However, where school district 9158
funds are available during the school year in excess of the amount 9159
anticipated at the beginning of the school year, the salary to be 9160
paid for such year may be increased to the extent that such 9161
additional funds are available, and nothing herein shall be 9162
construed to prohibit same. 9163
SECTION 76. Section 37-9-33, Mississippi Code of 1972, is 9164
brought forward as follows: 9165
37-9-33. (1) In employing and contracting with appointed 9166
superintendents, principals and licensed employees, the school 9167
board shall in all cases determine whether the amount of salary to 9168
be paid such superintendent, principals and licensed employees is 9169
in compliance with the provisions of this chapter and Section 9170
37-19-7. No contract shall be entered into where the salary of a 9171
superintendent, principal or licensed employee is to be paid, in 9172
whole or in part, from the total funding formula funds provided in 9173
Sections 37-151-200 through 37-151-215 except where the statutory 9174
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requirements as to the amount of such salary are fully met. 9175
Nothing herein shall be construed, however, to prohibit any school 9176
district from increasing the salaries of appointed 9177
superintendents, principals and licensed employees above the 9178
amounts fixed by Section 37-19-7. Provided further, that school 9179
districts are authorized, in their discretion, to negotiate the 9180
salary levels applicable to licensed employees employed after July 9181
1, 2009, who are receiving retirement benefits from the retirement 9182
system of another state. Nothing herein shall be construed to 9183
prohibit any school district from complying with the school 9184
district employee furlough provisions of Section 37-7-308. 9185
(2) Each school district shall provide an annual report to 9186
the State Department of Education on the number of licensed and 9187
nonlicensed employees receiving a salary from the school district 9188
who are also receiving retirement benefits from the Public 9189
Employees' Retirement System. This report shall include the name 9190
of the employee(s), the hours per week for which the employee is 9191
under contract and the services for which the employee is under 9192
contract. Said required annual report shall be in a form and 9193
deadline promulgated by the State Board of Education. 9194
SECTION 77. Section 37-9-35, Mississippi Code of 1972, is 9195
brought forward as follows: 9196
37-9-35. A reduction in the net enrollment during a current 9197
year from that existing in the preceding year shall not authorize 9198
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the discharge or release of a teacher or teachers during such 9199
current year. 9200
SECTION 78. Section 37-9-37, Mississippi Code of 1972, is 9201
brought forward as follows: 9202
37-9-37. The amount of the salary to be paid any 9203
superintendent, principal or licensed employee shall be fixed by 9204
the school board, provided that the requirements of this title are 9205
met as to superintendents, principals and licensed employees paid, 9206
in whole or in part, from total funding formula funds as provided 9207
in Sections 37-151-200 through 37-151-215. In employing such 9208
superintendents, principals and licensed employees and in fixing 9209
their salaries, the school boards shall take into consideration 9210
the character, professional training, experience, executive 9211
ability and teaching capacity of the licensed employee, 9212
superintendent or principal. It is the intent of the Legislature 9213
that whenever the salary of the school district superintendent is 9214
set by a school board, the board shall take into consideration the 9215
amount of money that the district spends per pupil, and shall 9216
attempt to ensure that the administrative cost of the district and 9217
the amount of the salary of the superintendent are not excessive 9218
in comparison to the per pupil expenditure of the district. 9219
SECTION 79. Section 37-9-77, Mississippi Code of 1972, is 9220
brought forward as follows: 9221
37-9-77. (1) There is established the Mississippi School 9222
Administrator Sabbatical Program which shall be available to 9223
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licensed teachers employed in Mississippi school districts for not 9224
less than three (3) years, for the purpose of allowing such 9225
teachers to become local school district administrators under the 9226
conditions set forth in this section. The State Board of 9227
Education, in coordination with the Board of Trustees of State 9228
Institutions of Higher Learning, shall develop guidelines for the 9229
program. Application shall be made to the State Department of 9230
Education for the Mississippi School Administrator Sabbatical 9231
Program by qualified teachers meeting the criteria for a 9232
department-approved administration program and who have been 9233
recommended by the local school board. Administration programs 9234
that are eligible for the administrator sabbatical program shall 9235
be limited to those that have been approved by the department by 9236
the January 1 preceding the date of admission to the program. 9237
Admission into the program shall authorize the applicant to take 9238
university course work and training leading to an administrator's 9239
license. 9240
(2) The salaries of the teachers approved for participation 9241
in the administrator sabbatical program shall be paid by the 9242
employing school district from funds other than total funding 9243
formula funds as provided in Sections 37-151-200 through 9244
37-151-215. However, the State Department of Education shall 9245
reimburse the employing school districts for the cost of the 9246
salaries and paid fringe benefits of teachers participating in the 9247
administrator sabbatical program for one (1) contract year. 9248
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Reimbursement shall be made in accordance with the then current 9249
salary schedule under Section 37-19-7, except that the maximum 9250
amount of the reimbursement from state funds shall not exceed the 9251
salary prescribed for a teacher holding a Class A license and 9252
having five (5) years' experience. The local school district 9253
shall be responsible for that portion of a participating teacher's 9254
salary attributable to the local supplement and for any portion of 9255
the teacher's salary that exceeds the maximum amount allowed for 9256
reimbursement from state funds as provided in this subsection, and 9257
the school board may not reduce the local supplement payable to 9258
that teacher. Any reimbursements made by the State Department of 9259
Education to local school districts under this section shall be 9260
subject to available appropriations and may be made only to school 9261
districts determined by the State Board of Education as being in 9262
need of administrators. 9263
(3) Such teachers participating in the program on a 9264
full-time basis shall continue to receive teaching experience and 9265
shall receive the salary prescribed in Section 37-19-7. Such 9266
participants shall be fully eligible to continue participation in 9267
the Public Employees' Retirement System and the Public School 9268
Employees Health Insurance Plan during the time they are in the 9269
program on a full-time basis. 9270
(4) As a condition for participation in the School 9271
Administrator Sabbatical Program, such teachers shall agree to 9272
employment as administrators in the sponsoring school district for 9273
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not less than five (5) years following completion of administrator 9274
licensure requirements. Any person failing to comply with this 9275
employment commitment in any required school year, unless the 9276
commitment is deferred as provided in subsection (5) of this 9277
section, shall immediately be in breach of contract and become 9278
liable to the State Department of Education for that amount of his 9279
salary and paid fringe benefits paid by the state while the 9280
teacher was on sabbatical, less twenty percent (20%) of the amount 9281
of his salary and paid fringe benefits paid by the state for each 9282
year that the person was employed as an administrator following 9283
completion of the administrator licensure requirements. In 9284
addition, the person shall become liable to the local school 9285
district for any portion of his salary and paid fringe benefits 9286
paid by the local school district while the teacher was on 9287
sabbatical that is attributable to the local salary supplement or 9288
is attributable to the amount that exceeds the maximum amount 9289
allowed for reimbursement from state funds as provided in 9290
subsection (2) of this section, less twenty percent (20%) of the 9291
amount of his salary and paid fringe benefits paid by the school 9292
district for each year that the person was employed as an 9293
administrator following completion of the administrator licensure 9294
requirements. Interest on the amount due shall accrue at the 9295
current Stafford Loan rate at the time the breach occurs. If the 9296
claim for repayment of such salary and fringe benefits is placed 9297
in the hands of an attorney for collection after default, then the 9298
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obligor shall be liable for an additional amount equal to a 9299
reasonable attorney's fee. 9300
(5) If there is not an administrator position immediately 9301
available in the sponsoring school district after a person has 9302
completed the administrator licensure requirements, or if the 9303
administrator position in the sponsoring school district in which 9304
the person is employed is no longer needed before the completion 9305
of the five-year employment commitment, the local school board 9306
shall defer any part of the employment commitment that has not 9307
been met until such time as an administrator position becomes 9308
available in the sponsoring school district. If such a deferral 9309
is made, the sponsoring school district shall employ the person as 9310
a teacher in the school district during the period of deferral, 9311
unless the person desires to be released from employment by the 9312
sponsoring school district and the district agrees to release the 9313
person from employment. If the sponsoring school district 9314
releases a person from employment, that person may be employed as 9315
an administrator in another school district in the state that is 9316
in need of administrators as determined by the State Board of 9317
Education, and that employment for the other school district shall 9318
be applied to any remaining portion of the five-year employment 9319
commitment required under this section. Nothing in this 9320
subsection shall prevent a school district from not renewing the 9321
person's contract before the end of the five-year employment 9322
commitment in accordance with the School Employment Procedures Law 9323
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(Section 37-9-101 et seq.). However, if the person is not 9324
employed as an administrator by another school district after 9325
being released by the sponsoring school district, or after his 9326
contract was not renewed by the sponsoring school district, he 9327
shall be liable for repayment of the amount of his salary and 9328
fringe benefits as provided in subsection (4) of this section. 9329
(6) All funds received by the State Department of Education 9330
from the repayment of salary and fringe benefits paid by the state 9331
from program participants shall be deposited in the Mississippi 9332
Critical Teacher Shortage Fund. 9333
SECTION 80. Section 37-11-11, Mississippi Code of 1972, is 9334
brought forward as follows: 9335
37-11-11. (1) For the purposes of this section, the term 9336
"hospital" shall include community-based programs and facilities 9337
licensed or approved by the Department of Mental Health for 9338
treatment of chemical substance use and abuse. 9339
(2) When five (5) or more children of educable mind between 9340
the ages of six (6) and twenty-one (21) years who are capable of 9341
pursuing courses of instruction at secondary school level or below 9342
shall be confined in a hospital for an extended period of time, 9343
such children shall be eligible for and shall be provided with a 9344
program of education, instruction and training within such 9345
hospital in the manner hereinafter set forth, provided that the 9346
need for hospitalization for an extended period of time shall be 9347
certified by the chief of staff of such hospital and that the 9348
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ability of such children to do school work shall be certified by 9349
qualified psychologists and/or educators approved by the State 9350
Board of Education. 9351
(3) When five (5) or more children as set forth herein shall 9352
be confined in the same hospital, then the board of trustees of 9353
the school district in which such hospital is located shall be 9354
authorized and empowered, in its discretion, to provide a program 9355
of education, instruction and training to such children within 9356
such hospital. For such purpose the board shall be authorized and 9357
empowered to employ and contract with teachers, provide textbooks 9358
and other instructional materials, correspondence courses and 9359
instructional equipment and appliances, and otherwise provide for 9360
the furnishing of such program and to administer and supervise the 9361
same. Such program shall be furnished in a manner as prescribed 9362
by rules and regulations adopted by the State Board of Education. 9363
The state board shall have full power to adopt such rules, 9364
regulations, policies and standards as it may deem necessary to 9365
carry out the purpose of this section, including the establishment 9366
of qualifications of any teachers employed under the provisions 9367
hereof. It is expressly provided, however, that no program shall 9368
be furnished under this section except in a hospital licensed for 9369
operation by the State of Mississippi and only in cases where such 9370
hospital shall consent thereto, shall provide any classroom space, 9371
furniture and facilities which may be deemed necessary, and 9372
otherwise shall cooperate in carrying out the provisions of this 9373
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section. Before such program of education, instruction and 9374
training shall be provided, the governing authorities of said 9375
hospital shall enter into a contract with the board of trustees of 9376
the school district which stipulates that said hospital agrees to 9377
furnish the necessary classroom space, furniture and facilities 9378
and provide for their upkeep, fuel and such other things as may be 9379
necessary for the successful operation of the program of 9380
education, instruction and training. 9381
(4) In cases when children who are residents of school 9382
districts other than the school district providing such education 9383
program may participate in the program prescribed in this section. 9384
The boards of trustees of the districts of which such children are 9385
residents shall pay to the board of trustees of the school 9386
district furnishing such school program the pro rata part of the 9387
expenses of furnishing such school program within such hospital, 9388
which payments may be made from any funds available for the 9389
operation and maintenance of the schools of the district in which 9390
such child is a resident. The amount so paid shall be based upon, 9391
but shall not exceed, the current per pupil cost of education in 9392
the school district of the child's residence, and the amount to be 9393
so paid by the school district of the child's residence shall be 9394
fixed by the State Board of Education. If the amount to be paid 9395
which has been so fixed shall not be paid upon due demand made by 9396
the school district providing a program therefor, then the State 9397
Board of Education shall deduct any such amounts from the next 9398
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allocation of total funding formula funds as provided in Sections 9399
37-151-200 through 37-151-215 attributable to any such district 9400
and shall remit the same to the board of trustees of such school 9401
district which is furnishing such school program. If the amounts 9402
so paid by such school districts of the child's residence shall 9403
not be sufficient to pay the expenses of furnishing such program, 9404
then the remainder of such expenses over and above that so paid by 9405
such school districts shall be paid by the State Board of 9406
Education to the school district providing such school program out 9407
of any funds available to the State Board of Education, including 9408
total funding formula funds. However, such payments shall not 9409
exceed Three Hundred Dollars ($300.00) per child in net enrollment 9410
in such program. Provided, however, the State Board of Education 9411
shall in its discretion be authorized and empowered to exceed the 9412
said Three Hundred Dollars ($300.00) per pupil limitation where 9413
such limitation would make it impractical to operate such a 9414
program. 9415
SECTION 81. Section 37-13-63, Mississippi Code of 1972, is 9416
brought forward as follows: 9417
37-13-63. (1) Except as otherwise provided, all public 9418
schools in the state shall be kept in session for at least one 9419
hundred eighty (180) days in each scholastic year. 9420
(2) If the school board of any school district shall 9421
determine that it is not economically feasible or practicable to 9422
operate any school within the district for the full one hundred 9423
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eighty (180) days required for a scholastic year as contemplated 9424
due to an enemy attack, a man-made, technological or natural 9425
disaster or extreme weather emergency in which the Governor has 9426
declared a disaster or state of emergency under the laws of this 9427
state or the President of the United States has declared an 9428
emergency or major disaster to exist in this state, the school 9429
board may notify the State Department of Education of the disaster 9430
or weather emergency and submit a plan for altering the school 9431
term. If the State Board of Education finds the disaster or 9432
extreme weather emergency to be the cause of the school not 9433
operating for the contemplated school term and that such school 9434
was in a school district covered by the Governor's or President's 9435
disaster or state of emergency declaration, it may permit that 9436
school board to operate the schools in its district for less than 9437
one hundred eighty (180) days; however, in no instance of a 9438
declared disaster or state of emergency under the provisions of 9439
this subsection shall a school board receive payment from the 9440
State Department of Education for per pupil expenditure for pupils 9441
in net enrollment in excess of ten (10) days. 9442
SECTION 82. Section 37-13-64, Mississippi Code of 1972, is 9443
brought forward as follows: 9444
37-13-64. (1) Beginning with the 2010-2011 school term, any 9445
school district required to close the operation of its schools by 9446
decision of the superintendent, under the authority provided by 9447
the local school board, due to extreme weather conditions, in the 9448
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best interests of the health and safety of the students, 9449
administration and staff of the school district, shall be exempt 9450
from the requirement that schools be kept in session a minimum of 9451
one hundred eighty (180) days. Any school district that closes 9452
its schools for reasons authorized under this section shall 9453
receive payment from the State Department of Education for per 9454
pupil expenditure for pupils in net enrollment not to exceed ten 9455
(10) days. 9456
(2) In the event weather conditions are cause for the 9457
closure of operations of schools in any local school district in 9458
any instance in which a state of emergency has not been declared 9459
pursuant to Section 37-151-211(4), the State Board of Education 9460
may consider, on a case-by-case basis, requests submitted by local 9461
school districts to alter the school calendar consistent with the 9462
provision of that section. 9463
SECTION 83. Section 37-13-69, Mississippi Code of 1972, is 9464
brought forward as follows: 9465
37-13-69. All public schools of this state may observe such 9466
legal holidays as may be designated by the local school board, and 9467
no sessions of school shall be held on holidays so designated and 9468
observed. However, all schools shall operate for the full minimum 9469
term required by law exclusive of the holidays authorized by this 9470
section. The holidays thus observed shall not be deducted from 9471
the reports of the superintendents, principals and teachers, and 9472
such superintendents, principals and teachers shall be allowed pay 9473
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for full time as though they had taught on those holidays. 9474
However, such holidays shall not be counted or included in any way 9475
in determining the net enrollment of the school. 9476
SECTION 84. Section 37-23-1, Mississippi Code of 1972, is 9477
brought forward as follows: 9478
37-23-1. The purpose of Sections 37-23-1 through 37-23-159 9479
is to mandate free appropriate public educational services and 9480
equipment for exceptional children in the age range three (3) 9481
through twenty (20) for whom the regular school programs are not 9482
adequate and to provide, on a permissive basis, a free appropriate 9483
public education, as a part of the state's early intervention 9484
system in accordance with regulations developed in collaboration 9485
with the agency designated as "lead agency" under Part C of the 9486
Individuals with Disabilities Education Act. The portion of the 9487
regulations developed in collaboration with the lead agency which 9488
are necessary to implement the programs under the authority of the 9489
State Board of Education shall be presented to the State Board of 9490
Education for adoption. This specifically includes, but shall not 9491
be limited to, provision for day schools for the deaf and blind of 9492
an age under six (6) years, where early training is in accordance 9493
with the most advanced and best approved scientific methods of 9494
instruction, always taking into consideration the best interests 9495
of the child and his improvement at a time during which he is most 9496
susceptible of improvement. Educational programs to exceptional 9497
children under the age of three (3) years shall be eligible for 9498
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total funding formula funds provided in Sections 37-151-200 9499
through 37-151-215. 9500
All references in the laws of this state to the "Individuals 9501
with Disabilities Education Act" or to the "IDEA" shall be 9502
construed to include any subsequent amendments to that act. 9503
The educational programs and services provided for 9504
exceptional children in Sections 37-23-1 through 37-23-15, 9505
37-23-31 through 37-23-35, 37-23-61 through 37-23-75 and 37-23-77 9506
shall be designed to provide individualized appropriate special 9507
education and related services that enable a child to reach his or 9508
her appropriate and uniquely designed goals for success. The 9509
State Board of Education shall establish an accountability system 9510
for special education programs and students with disabilities. 9511
The system shall establish accountability standards for services 9512
provided to improve the educational skills designed to prepare 9513
children for life after their years in school. These standards 9514
shall be a part of the accreditation system and shall be 9515
implemented before July 1, 1996. 9516
The State Department of Education shall establish goals for 9517
the performance of children with disabilities that will promote 9518
the purpose of IDEA and are consistent, to the maximum extent 9519
appropriate, with other goals and standards for children 9520
established by the State Department of Education. Performance 9521
indicators used to assess progress toward achieving those goals 9522
that, at a minimum, address the performance of children with 9523
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disabilities on assessments, drop-out rates, and graduation rates 9524
shall be developed. Every two (2) years, the progress toward 9525
meeting the established performance goals shall be reported to the 9526
public. 9527
SECTION 85. Section 37-23-15, Mississippi Code of 1972, is 9528
brought forward as follows: 9529
37-23-15. (1) The State Department of Education, in 9530
accordance with Sections 37-23-1 through 37-23-75, and any 9531
additional authority granted in this chapter, shall: 9532
(a) Adopt pilot programs under which certain students 9533
enrolled or enrolling in public schools in this state shall be 9534
tested for dyslexia and related disorders as may be necessary. 9535
The pilot programs shall provide that upon the request of a 9536
parent, student, school nurse, classroom teacher or other school 9537
personnel who has reason to believe that a student has a need to 9538
be tested for dyslexia, such student shall be reviewed for 9539
appropriate services. However, a student shall not be tested for 9540
dyslexia whose parent or guardian objects thereto on grounds that 9541
such testing conflicts with his conscientiously held religious 9542
beliefs. 9543
(b) In accordance with the pilot programs adopted by 9544
the State Department of Education, such school boards shall 9545
provide remediation in an appropriate multi-sensory, systematic 9546
language-based regular education program or programs, as 9547
determined by the school district, such as the Texas Scottish Rite 9548
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Hospital Dyslexia Training Program, pertinent to the child's 9549
physical and educational disorders or the sensory area in need of 9550
remediation for those students who do not qualify for special 9551
education services. 9552
(c) The State Department of Education, by not later 9553
than January 1, 1997, shall make recommendations to the school 9554
boards designated for the pilot programs for the delivery of 9555
services to students who are identified as dyslexic. 9556
(d) For the purposes of this section: 9557
(i) "Dyslexia" means a language processing 9558
disorder which may be manifested by difficulty processing 9559
expressive or receptive, oral or written language despite adequate 9560
intelligence, educational exposure and cultural opportunity. 9561
Specific manifestations may occur in one or more areas, including 9562
difficulty with the alphabet, reading comprehension, writing and 9563
spelling. 9564
(ii) "Related disorders" shall include disorders 9565
similar to or related to dyslexia such as developmental auditory 9566
imperception, dysphasia, specific developmental dyslexia, 9567
dyspraxia, developmental dysgraphia and developmental spelling 9568
disability. 9569
(e) Local school districts designated for the pilot 9570
programs may utilize any source of funds other than the total 9571
funding formula funds provided in Sections 37-151-200 through 9572
37-151-215 to provide any services under this section. 9573
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(f) Nothing in this section shall be construed to 9574
require any school district to implement this section unless the 9575
local school board, by resolution spread on its minutes, 9576
voluntarily agrees to comply with this section and any regulations 9577
promulgated under this section. Any local school board may 9578
withdraw from participation in the program authorized under this 9579
section by providing written notice of its determination to 9580
withdraw to the State Department of Education no later than June 1 9581
of the preceding fiscal year. 9582
(2) State funding for the pilot programs for testing 9583
students for dyslexia shall be subject to the availability of 9584
funds specifically appropriated therefor by the Legislature. 9585
SECTION 86. Section 37-23-69, Mississippi Code of 1972, is 9586
brought forward as follows: 9587
37-23-69. The State Department of Education may determine 9588
and pay the amount of the financial assistance to be made 9589
available to each applicant, and see that all applicants and the 9590
programs for them meet the requirements of the program for 9591
exceptional children. No financial assistance shall exceed the 9592
obligation actually incurred by the applicant for educational 9593
costs, which shall include special education and related services 9594
as defined by the Mississippi Department of Education Policies and 9595
Procedures Regarding Children with Disabilities under the federal 9596
Individuals with Disabilities Education Act (IDEA). Within the 9597
amount of available state funds for that purpose, each such 9598
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applicant may receive assistance according to the following 9599
allowances: 9600
(a) If the applicant chooses to attend a private 9601
school, a parochial school or a speech, hearing and/or language 9602
clinic having an appropriate program for the applicant, and if the 9603
school or clinic meets federal and state regulations, then the 9604
educational costs reimbursement will be one hundred percent (100%) 9605
of the first Six Hundred Dollars ($600.00) in educational costs 9606
charged by the school or clinic; or, if the applicant is under six 9607
(6) years of age, and no program appropriate for the child exists 9608
in the public schools of his domicile, then the reimbursement 9609
shall be one hundred percent (100%) of the first Six Hundred 9610
Dollars ($600.00) in educational costs charged by the school or 9611
clinic, and fifty percent (50%) of the next Eight Hundred Dollars 9612
($800.00) in educational costs charged by the school or clinic; 9613
(b) A public school district shall be reimbursed for 9614
the educational costs of an applicant up to an annual maximum 9615
based on a cost factor determined by the State Board of Education 9616
if the following conditions are met: (i) an applicant in the age 9617
range six (6) through twenty (20) requests the public school 9618
district where he resides to provide an education for him and the 9619
nature of the applicant's educational problem is such that, 9620
according to best educational practices, it cannot be met in the 9621
public school district where the child resides; (ii) the public 9622
school district decides to provide the applicant a free 9623
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appropriate education by placing him in a private school, a 9624
parochial school or a speech, hearing and/or language clinic 9625
having an appropriate program for the applicant; (iii) the program 9626
meets federal and state regulations; and (iv) the applicant is 9627
approved for financial assistance by a State Level Review Board 9628
established by the State Board of Education. The Review Board 9629
will act on financial assistance requests within five (5) working 9630
days of receipt. Nothing in this paragraph shall prevent two (2) 9631
or more public school districts from forming a cooperative to meet 9632
the needs of low incidence exceptional children, nor shall the 9633
public school be relieved of its responsibility to provide an 9634
education for all children. If state monies are not sufficient to 9635
fund all applicants, there will be a ratable reduction for all 9636
recipients receiving state funds under this section. School 9637
districts may pay additional educational costs from available 9638
federal, state and local funds. 9639
If an exceptional child, as defined in Section 37-23-3, is 9640
placed in a therapeutic or other group home licensed or approved 9641
by the state that has no educational program associated with it, 9642
the local school district in which the home is located shall offer 9643
an appropriate educational program to that child. 9644
At any time that the Individualized Education Program (IEP) 9645
Committee in the district where the home is located determines 9646
that an exceptional child, as defined in Section 37-23-3, residing 9647
in that home can no longer be provided a free appropriate public 9648
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education in that school district, and the State Department of 9649
Education agrees with that decision, then the State Department of 9650
Education shall recommend to the Department of Human Services 9651
placement of the child by the Department of Human Services, which 9652
shall take appropriate action. The placement of the exceptional 9653
child in the facility shall be at no cost to the local school 9654
district. Funds available under Sections 37-23-61 through 9655
37-23-77, as well as any available federal funds, may be used to 9656
provide the educational costs of the placement. If the 9657
exceptional child is under the guardianship of the Department of 9658
Human Services or another state agency, the State Department of 9659
Education shall pay only for the educational costs of that 9660
placement, and the other agency shall be responsible for the room, 9661
board and any other costs. The special education and related 9662
services provided to the child shall be in compliance with State 9663
Department of Education and any related federal regulations. The 9664
State Board of Education may promulgate regulations that are 9665
necessary to implement this section; and 9666
(c) If an appropriate local or regional system of care, 9667
including a free appropriate public education, is available for 9668
exceptional children who are currently being served in 9669
out-of-district or Department of Human Services placements under 9670
paragraph (b) of this section or Section 37-23-77, then the state 9671
funds from the State Department of Education that would have been 9672
used for those placements may be paid into a pool of funds with 9673
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funds from other state agencies to be used for the implementation 9674
of the individualized plans of care for those children. If there 9675
are sufficient funds to serve additional exceptional children 9676
because of cost savings as a result of serving these students at 9677
home and/or matching the pooled funds with federal dollars, the 9678
funds may be used to implement individualized plans of care for 9679
those additional exceptional children. Each local or regional 9680
provider of services included in the individualized plans of care 9681
shall comply with all appropriate state and federal regulations. 9682
The State Board of Education may promulgate regulations that are 9683
necessary to implement this section. 9684
The State Department of Education may also provide for the 9685
payment of that financial assistance in installments and for 9686
proration of that financial assistance in the case of children 9687
attending a school or clinic for less than a full school session 9688
and, if available funds are insufficient, may allocate the 9689
available funds among the qualified applicants and local school 9690
districts by reducing the maximum assistance provided for in this 9691
section. 9692
Any monies provided an applicant under Sections 37-23-61 9693
through 37-23-75 shall be applied by the receiving educational 9694
institution as a reduction in the amount of the educational costs 9695
paid by the applicant, and the total educational costs paid by the 9696
applicant shall not exceed the total educational costs paid by any 9697
other child in similar circumstances enrolled in the same program 9698
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in that institution. However, this limitation shall not prohibit 9699
the waiving of all or part of the educational costs for a limited 9700
number of children based upon demonstrated financial need, and the 9701
State Department of Education may adopt and enforce reasonable 9702
rules and regulations to carry out the intent of these provisions. 9703
SECTION 87. Section 37-23-109, Mississippi Code of 1972, is 9704
brought forward as follows: 9705
37-23-109. Any child development center created under the 9706
provisions of Sections 37-23-91 through 37-23-111 shall be 9707
entitled to receive all contributions and benefits allowed to the 9708
other school districts from the federal and state governments 9709
including, but not limited to, contributions on the basis of the 9710
net enrollment per child, school textbooks and school lunch 9711
program. 9712
SECTION 88. Section 37-23-179, Mississippi Code of 1972, is 9713
brought forward as follows: 9714
37-23-179. (1) The board shall specifically promulgate 9715
rules, regulations and guidelines which establish model programs 9716
of gifted education and also establish minimum criteria for gifted 9717
education programs. In providing programs of gifted education, 9718
the local district may use the model programs prepared by the 9719
board or may itself develop programs of gifted education which, 9720
prior to being implemented, shall be approved by the board, 9721
provided, that no such plan or program shall be approved or 9722
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continued unless it meets the minimum criteria established by the 9723
board. 9724
(2) There is hereby created within the department an office 9725
for gifted education which shall be staffed by such professional, 9726
support and clerical personnel as may be necessary to implement 9727
the provisions of Sections 37-23-171 through 37-23-181. 9728
(3) All local school districts may have programs of gifted 9729
education for intellectually, creatively and/or artistically 9730
gifted students in Grades 2 through 12 and for academically gifted 9731
students in Grades 9 through 12 approved by the board. Beginning 9732
with the 1993-1994 school year, all local school districts shall 9733
have programs of gifted education for intellectually gifted 9734
students in Grade 2, subject to the approval of the State Board of 9735
Education and the availability of funds appropriated therefor by 9736
line-item. Beginning with the 1994-1995 school year, all local 9737
school districts shall have programs of gifted education for 9738
intellectually gifted students in Grades 2 and 3, subject to the 9739
approval of the State Board of Education. Beginning with the 9740
1995-1996 school year, all local school districts shall have 9741
programs of gifted education for intellectually gifted students in 9742
Grades 2, 3 and 4 subject to the approval of the State Board of 9743
Education. Beginning with the 1996-1997 school year, all local 9744
school districts shall have programs of gifted education for 9745
intellectually gifted students in Grades 2, 3, 4 and 5, subject to 9746
the approval of the State Board of Education. Beginning with the 9747
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1997-1998 school year, all local school districts shall have 9748
programs of gifted education for intellectually gifted students in 9749
Grades 2, 3, 4, 5 and 6, subject to the approval of the State 9750
Board of Education. Each local school district shall include as a 9751
part of its five-year plan a description of any proposed gifted 9752
education programs of the district. 9753
SECTION 89. Section 37-27-55, Mississippi Code of 1972, is 9754
brought forward as follows: 9755
37-27-55. When any pupils shall attend any agricultural high 9756
school or community or junior college under the provisions of 9757
Section 37-27-51, such pupils shall be reported and accounted for 9758
the allocation of total funding formula funds provided in Sections 9759
37-151-200 through 37-151-215 and building funds just as though 9760
such pupils were attending the regular schools of the district in 9761
which they reside. For this purpose reports shall be made to the 9762
board of trustees of the school district involved by the 9763
agricultural high school or community or junior college of the 9764
number of children in net enrollment, and the net enrollment of 9765
such pupils shall thereupon be included in reports made to the 9766
county or school district. The allocation of total funding 9767
formula funds and state public school building funds shall be made 9768
for such children just as though such children were attending the 9769
regular schools of the district. However, all total funding 9770
formula funds which accrue to any district as a result of the 9771
pupils who are in attendance at such agricultural high school or 9772
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community or junior college shall be paid by the board of trustees 9773
of the municipal separate school district or the county board of 9774
education, as the case may be, to the agricultural high school or 9775
community or junior college at which the pupils are in attendance, 9776
and shall be expended by said agricultural high school or 9777
community or junior college for the instruction of said pupils. 9778
Funds allotted to the school district for building purposes under 9779
Chapter 47 of this title, shall, however, be retained by the 9780
school district entitled thereto. The term "school district" as 9781
used in Sections 37-27-51 through 37-27-59 shall be defined as 9782
including all public school districts in this state and also all 9783
agricultural high schools not located on the campus of a community 9784
or junior college. 9785
SECTION 90. Section 37-27-57, Mississippi Code of 1972, is 9786
brought forward as follows: 9787
37-27-57. Any additional or supplemental expenses incurred 9788
by the agricultural high school or community or junior college in 9789
the instruction of such pupils above that defrayed by total 9790
funding formula funds as provided in Section 37-27-55, shall be 9791
paid either from the amounts received from the state appropriation 9792
for the support of agricultural high schools or from the tax levy 9793
for the support of such agricultural high school or community or 9794
junior college or from any other funds which such agricultural 9795
high school or community or junior college may have available for 9796
such purpose. 9797
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assistant teachers.
SECTION 91. Section 37-28-5, Mississippi Code of 1972, is 9798
brought forward as follows: 9799
37-28-5. As used in this chapter, the following words and 9800
phrases have the meanings ascribed in this section unless the 9801
context clearly indicates otherwise: 9802
(a) "Applicant" means any person or group that develops 9803
and submits an application for a charter school to the authorizer. 9804
(b) "Application" means a proposal from an applicant to 9805
the authorizer to enter into a charter contract whereby the 9806
proposed school obtains charter school status. 9807
(c) "Authorizer" means the Mississippi Charter School 9808
Authorizer Board established under Section 37-28-7 to review 9809
applications, decide whether to approve or reject applications, 9810
enter into charter contracts with applicants, oversee charter 9811
schools, and decide whether to renew, not renew, or revoke charter 9812
contracts. 9813
(d) "Charter contract" means a fixed-term, renewable 9814
contract between a charter school and the authorizer which 9815
outlines the roles, powers, responsibilities and performance 9816
expectations for each party to the contract. 9817
(e) "Charter school" means a public school that is 9818
established and operating under the terms of charter contract 9819
between the school's governing board and the authorizer. The term 9820
"charter school" includes a conversion charter school and start-up 9821
charter school. 9822
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(f) "Conversion charter school" means a charter school 9823
that existed as a noncharter public school before becoming a 9824
charter school. 9825
(g) "Education service provider" means a charter 9826
management organization, school design provider or any other 9827
partner entity with which a charter school intends to contract for 9828
educational design, implementation or comprehensive management. 9829
(h) "Governing board" means the independent board of a 9830
charter school which is party to the charter contract with the 9831
authorizer and whose members have been elected or selected 9832
pursuant to the school's application. 9833
(i) "Noncharter public school" means a public school 9834
that is under the direct management, governance and control of a 9835
school board or the state. 9836
(j) "Parent" means a parent, guardian or other person 9837
or entity having legal custody of a child. 9838
(k) "School board" means a school board exercising 9839
management and control over a local school district and the 9840
schools of that district pursuant to the State Constitution and 9841
state statutes. 9842
(l) "School district" means a governmental entity that 9843
establishes and supervises one or more public schools within its 9844
geographical limits pursuant to state statutes. 9845
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(m) "Start-up charter school" means a charter school 9846
that did not exist as a noncharter public school before becoming a 9847
charter school. 9848
(n) "Student" means any child who is eligible for 9849
attendance in a public school in the state. 9850
(o) "Underserved students" means students qualifying as 9851
low-income or qualifying for a special education program under 9852
Section 37-151-201. 9853
SECTION 92. Section 37-28-53, Mississippi Code of 1972, is 9854
brought forward as follows: 9855
37-28-53. (1) Each charter school shall certify annually to 9856
the State Department of Education its student enrollment, net 9857
enrollment and student participation in federal programs. 9858
(2) Each charter school shall certify annually to the school 9859
board of the school district in which the charter school is 9860
located the number of enrolled charter school students residing in 9861
the school district. 9862
SECTION 93. Section 37-29-1, Mississippi Code of 1972, is 9863
brought forward as follows: 9864
37-29-1. (1) The creation, establishment, maintenance and 9865
operation of community colleges is authorized. Community colleges 9866
may admit students if they have earned one (1) unit less than the 9867
number of units required for high school graduation established by 9868
State Board of Education policy or have earned a High School 9869
Equivalency Diploma in courses correlated to those of senior 9870
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colleges or professional schools. Subject to the provisions of 9871
Section 75-76-34, they shall offer, without limitation, education 9872
and training preparatory for occupations such as agriculture, 9873
industry of all kinds, business, homemaking and for other 9874
occupations on the semiprofessional and vocational-technical 9875
level. They may offer courses and services to students regardless 9876
of their previous educational attainment or further academic 9877
plans. 9878
(2) The boards of trustees of the community college 9879
districts are authorized to establish an early admission program 9880
under which applicants having a minimum ACT composite score of 9881
twenty-six (26) or the equivalent SAT score may be admitted as 9882
full-time college students if the principal or guidance counselor 9883
of the student recommends in writing that it is in the best 9884
educational interest of the student. Such recommendation shall 9885
also state that the student's age will not keep him from being a 9886
successful full-time college student. Students admitted in the 9887
early admission program shall not be counted for total funding 9888
formula purposes in the net enrollment of the school district in 9889
which they reside, and transportation required by a student to 9890
participate in the early admission program shall be the 9891
responsibility of the parents or legal guardians of the student. 9892
Grades and college credits earned by students admitted to the 9893
early admission program shall be recorded on the college 9894
transcript at the community college where the student attends 9895
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classes, and may be released to another institution or used for 9896
college graduation requirements only after the student has 9897
successfully completed one (1) full semester of course work. 9898
(3) The community colleges shall provide, through courses or 9899
other acceptable educational measures, the general education 9900
necessary to individuals and groups which will tend to make them 9901
capable of living satisfactory lives consistent with the ideals of 9902
a democratic society. 9903
SECTION 94. Section 37-29-272, Mississippi Code of 1972, is 9904
brought forward as follows: 9905
37-29-272. The board of trustees of any community college 9906
district in the state maintaining and operating an agricultural 9907
high school on July 1, 1994, is hereby authorized to transfer the 9908
control, maintenance and operation of said agricultural high 9909
school, including the transfer of title to all real and personal 9910
property used for agricultural high school purposes, to the county 9911
board of education of the county in which the school is located. 9912
Upon the acceptance by the county board of education and before an 9913
order authorizing such transfer shall be entered, the board of 9914
trustees of the community college district and the county board of 9915
education in which such school is located shall by joint 9916
resolution agree in writing on the terms of such transfer, the 9917
extent of the rights of use and occupancy of the school and 9918
grounds, and the control, management, preservation and 9919
responsibility of transportation of students to such premises, to 9920
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be spread upon the minutes of each governing authority. Upon such 9921
transfer, the county board of education may abolish the 9922
agricultural high school as a distinct school, and merge its 9923
activities, programs and students into the regular high school 9924
curricula of the school district. When a community college has 9925
transferred operation of an agricultural high school as provided 9926
herein, the pupils attending such school shall be reported, 9927
accounted for allocation of total funding formula funds and 9928
entitled to school transportation as though such pupils were 9929
attending the schools of the school district in which they reside, 9930
as provided in Sections 37-27-53 and 37-27-55. When any 9931
agricultural high school is transferred by the board of trustees 9932
of a community college to the county board of education as 9933
provided in this section, all laws relating to agricultural high 9934
school tax levies for the support or retirement of bonded 9935
indebtedness for agricultural high schools shall continue in full 9936
force and effect for the transferring community college district 9937
until current obligations on all bonded indebtednesses related to 9938
agriculture high schools have been satisfied and retired. 9939
SECTION 95. Section 37-29-303, Mississippi Code of 1972, is 9940
brought forward as follows: 9941
37-29-303. As used in Sections 37-29-301 through 37-29-305, 9942
the following terms shall be defined as provided in this section: 9943
(a) "Full-time equivalent (FTE) enrollment" means the 9944
process by which the Southern Regional Education Board (SREB) 9945
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calculates FTE by taking total undergraduate semester credit hours 9946
divided by thirty (30); total undergraduate quarter hours divided 9947
by forty-five (45); total graduate semester credit hours divided 9948
by twenty-four (24); and total graduate quarter hours divided by 9949
thirty-six (36). 9950
(b) "State funds" means all funds appropriated by the 9951
Legislature including funds from the State General Fund, Education 9952
Enhancement Fund, Budget Contingency Fund and Health Care 9953
Expendable Fund. 9954
(c) "E & G operations" means education and general 9955
expenses of the colleges and universities. 9956
(d) "Net enrollment" has the same meaning as ascribed 9957
to that term under Section 37-151-201. 9958
SECTION 96. Section 37-31-13, Mississippi Code of 1972, is 9959
brought forward as follows: 9960
37-31-13. (1) Any appropriation that may be made under the 9961
provisions of Sections 37-31-1 through 37-31-15 shall be used by 9962
the board for the promotion of vocational education as provided 9963
for in the "Smith-Hughes Act" and for the purpose set forth in 9964
Sections 37-31-1 through 37-31-15. The state appropriation shall 9965
not be used for payments to high schools which are now receiving 9966
other state funds, except in lieu of not more than one-half (1/2) 9967
the amount that may be due such high schools from federal funds. 9968
Only such portion of the state appropriation shall be used as may 9969
be absolutely necessary to carry out the provisions of Sections 9970
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37-31-1 through 37-31-15, and to meet the federal requirements. 9971
Except as provided in subsection (2) of this section, the state 9972
appropriation shall not be used for payments to high schools for 9973
conducting vocational programs for more than ten (10) months in 9974
any school year, and only funds other than total funding formula 9975
funds may be expended for such purpose. 9976
(2) Subject to annual approval by the State Board of 9977
Education, extended contracts for vocational agriculture education 9978
services and other related vocational education services which 9979
contribute to economic development may be conducted by local 9980
school districts, and state appropriations may be used for 9981
payments to school districts providing such services. The board 9982
of trustees of each school district shall determine whether any 9983
proposed services contribute to the economic development of the 9984
area. Local districts may apply to the Division of Vocational and 9985
Technical Education of the State Department of Education for any 9986
state funds available for these extended contracts. The State 9987
Board of Education shall establish the application process and the 9988
selection criteria for this program. The number of state-funded 9989
extended contracts approved by the State Board of Education will 9990
be determined by the availability of funds specified for this 9991
purpose. The State Board of Education's decision shall be final. 9992
Payments under this subsection shall only be available to those 9993
high schools whose teachers of vocational programs are responsible 9994
for the following programs of instruction during those days or 9995
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weeks between academic years or, for school districts having 9996
adopted the extended school year calendar, between academic 9997
quarters: (a) supervision and instruction of students in 9998
agricultural or other vocational experience programs; (b) group 9999
and individual instruction of farmers and agribusinessmen; (c) 10000
supervision of student members of youth groups who are involved in 10001
leadership training or other activity required by state or federal 10002
law; or (d) any program of vocational agriculture or other 10003
vocational-related services established by the Division of 10004
Vocational and Technical Education of the State Department of 10005
Education that contribute to the economic development of the 10006
geographic area. 10007
SECTION 97. Section 37-31-75, Mississippi Code of 1972, is 10008
brought forward as follows: 10009
37-31-75. The various counties, municipalities, school 10010
districts and community and junior college districts which may 10011
become parties to any agreement authorized by Sections 37-31-71 10012
through 37-31-79 are authorized to appropriate and expend any and 10013
all funds which may be required to carry out the terms of the 10014
agreement from any funds available to any party to the agreement 10015
not otherwise appropriated without limitation as to the source of 10016
the funds, including total funding formula funds, sixteenth 10017
section funds, funds received from the federal government or other 10018
sources by way of grant, donation or otherwise, and funds which 10019
may be available to any such party through the State Department of 10020
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Education or any other agency of the state, regardless of the 10021
party to the agreement designated by the agreement to be primarily 10022
responsible for the construction or operation of the regional 10023
education center and regardless of the limitation on the 10024
expenditure of any funds imposed by any other statute. However, 10025
no funds whose use was originally limited to the construction of 10026
capital improvements shall be utilized for the purpose of 10027
defraying the administrative or operating costs of any regional 10028
education center. Any one or more of the parties to an agreement 10029
may be designated as the fiscal agent or contracting party in 10030
carrying out any of the purposes of the agreement, and any and all 10031
funds authorized to be spent by any of the parties may be paid 10032
over to the fiscal agent or contracting party for disbursement by 10033
the fiscal agent or contracting party. Disbursements shall be 10034
made and contracted for under the laws and regulations applicable 10035
to the fiscal or disbursing agent, except to the extent they may 10036
be extended or modified by the provisions of Sections 37-31-71 10037
through 37-31-79. All of the parties to the agreement may issue 10038
bonds, negotiable notes or other evidences of indebtedness for the 10039
purpose of providing funds for the acquisition of land and for the 10040
construction of buildings and permanent improvements under the 10041
terms of the agreement under any existing laws authorizing the 10042
issuance or sale of bonds, negotiable notes or other evidences of 10043
indebtedness to provide funds for any capital improvement. 10044
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SECTION 98. Section 37-35-3, Mississippi Code of 1972, is 10045
brought forward as follows: 10046
37-35-3. (1) The board of trustees of any school district, 10047
including any community or junior college, may establish and 10048
maintain classes for adults, including general educational 10049
development classes, under the regulations authorized in this 10050
chapter and pursuant to the standards prescribed in subsection 10051
(3). The property and facilities of the public school districts 10052
may be used for this purpose where such use does not conflict with 10053
uses already established. 10054
(2) The trustees of any school district desiring to 10055
establish such program may request the taxing authority of the 10056
district to levy additional ad valorem taxes for the support of 10057
this program. The board of supervisors, in the case of a county 10058
school district, a special municipal separate school district, or 10059
a community or junior college district, and the governing 10060
authority of any municipality, in the case of a municipal separate 10061
school district, is authorized, in its discretion, to levy a tax 10062
not exceeding one (1) mill upon all the taxable property of the 10063
district for the support of this program. The tax shall be in 10064
addition to all other taxes authorized by law to be levied. In 10065
addition to the funds realized from any such levy, the board of 10066
trustees of any school district is authorized to use any surplus 10067
funds that it may have or that may be made available to it from 10068
local sources to supplement this program. 10069
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(3) (a) Any student participating in an approved High 10070
School Equivalency Diploma Option program administered by a local 10071
school district or a local school district with an approved 10072
contractual agreement with a community or junior college or other 10073
local entity shall not be considered a dropout. Students in such 10074
a program administered by a local school district shall be 10075
considered as enrolled within the school district of origin for 10076
the purpose of enrollment for total funding formula funds only. 10077
Such students shall not be considered as enrolled in the regular 10078
school program for academic or programmatic purposes. 10079
(b) Students participating in an approved High School 10080
Equivalency Diploma Option program shall have an individual career 10081
plan developed at the time of placement to ensure that the 10082
student's academic and job skill needs will be met. The 10083
Individual Career Plan will address, but is not limited to, the 10084
following: 10085
(i) Academic and instructional needs of the 10086
student; 10087
(ii) Job readiness needs of the student; and 10088
(iii) Work experience program options available 10089
for the student. 10090
(c) Students participating in an approved High School 10091
Equivalency Diploma Option program may participate in existing job 10092
and skills development programs or in similar programs developed 10093
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in conjunction with the High School Equivalency Diploma Option 10094
program and the vocational director. 10095
(d) High School Equivalency Diploma Option programs may 10096
be operated by local school districts or may be operated by two 10097
(2) or more adjacent school districts, pursuant to a contract 10098
approved by the State Board of Education. When two (2) or more 10099
school districts contract to operate a High School Equivalency 10100
Diploma Option program, the school board of a district designated 10101
to be the lead district shall serve as the governing board of the 10102
High School Equivalency Diploma Option program. Transportation 10103
for students placed in the High School Equivalency Diploma Option 10104
program shall be the responsibility of the school district of 10105
origin. The expense of establishing, maintaining and operating 10106
such High School Equivalency Diploma Option programs may be paid 10107
from funds made available to the school district through 10108
contributions, total funding formula funds or from local district 10109
maintenance funds. 10110
(e) The State Department of Education will develop 10111
procedures and criteria for placement of a student in the High 10112
School Equivalency Diploma Option programs. Students placed in 10113
High School Equivalency Diploma Option programs shall have 10114
parental approval for such placement and must meet the following 10115
criteria: 10116
(i) The student must be at least sixteen (16) 10117
years of age; 10118
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(ii) The student must be at least one (1) full 10119
grade level behind his or her ninth grade cohort or must have 10120
acquired less than four (4) Carnegie units; 10121
(iii) The student must have taken every 10122
opportunity to continue to participate in coursework leading to a 10123
diploma; and 10124
(iv) The student must be certified to be eligible 10125
to participate in the GED course by the school district 10126
superintendent, based on the developed criteria. 10127
(f) Students participating in an approved High School 10128
Equivalency Diploma Option program, who are enrolled in subject 10129
area courses through January 31 in a school with a traditional 10130
class schedule or who are enrolled in subject area courses through 10131
October 31 or through March 31 in a school on a block schedule, 10132
shall be required to take the end-of-course subject area tests for 10133
those courses in which they are enrolled. 10134
SECTION 99. Section 37-37-3, Mississippi Code of 1972, is 10135
brought forward as follows: 10136
37-37-3. In addition to all auditors and other employees now 10137
or hereafter provided by law, the State Auditor may appoint and 10138
employ examiners in the Department of Audit. The examiners shall 10139
make such audits as may be necessary to determine the correctness 10140
and accuracy of all reports made to the State Department of 10141
Education by any school district or school official concerning the 10142
number of educable students in any school district, the number of 10143
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students enrolled in any school district, the number of students 10144
in net enrollment in any school district, and the number of 10145
students being transported or entitled to transportation to any of 10146
the public schools of this state. 10147
SECTION 100. Section 37-41-7, Mississippi Code of 1972, is 10148
brought forward as follows: 10149
37-41-7. The local school board is hereby authorized, 10150
empowered and directed to lay out all transportation routes and 10151
provide transportation for all school children who are entitled to 10152
transportation within their respective counties and school 10153
districts. 10154
Any school district may, in the discretion of the school 10155
board, expend funds from any funds available to the school 10156
district, including the amounts derived from district tax levies, 10157
sixteenth section funds, and all other available funds, for the 10158
purpose of supplementing funds available to the school board for 10159
paying transportation costs not covered by total funding formula 10160
funds as provided in Sections 37-151-200 through 37-151-215. 10161
SECTION 101. Section 37-45-49, Mississippi Code of 1972, is 10162
brought forward as follows: 10163
37-45-49. Any cost or fees provided by this chapter to be 10164
paid by any county board of education or board of trustees of a 10165
municipal separate school district may be paid by the county board 10166
of education from any school funds of the district other than 10167
total funding formula funds, and by the municipal separate school 10168
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district from the maintenance funds of the district, other than 10169
total funding formula funds. Any fees or costs provided by this 10170
chapter to be paid by the department may be paid from the funds 10171
appropriated for its operation. 10172
SECTION 102. Section 37-47-9, Mississippi Code of 1972, is 10173
brought forward as follows: 10174
37-47-9. It is found and determined that the state should 10175
make an annual grant of Twenty-four Dollars ($24.00) for each 10176
child in net enrollment in the public schools of the various 10177
school districts of this state during each school year, and that 10178
such monies should be applied for the purpose of establishing and 10179
maintaining adequate physical facilities for the public school 10180
district and/or the payment of existing debt therefor. 10181
The grant to which each public school is entitled under the 10182
provisions of this section shall be credited to the school 10183
district of which such school is part. If any change is made in 10184
the operation or boundaries of any such school district, equitable 10185
reallocations shall be made by the department of all balances to 10186
the credit of such school district, and all debits charged against 10187
the districts affected by the change in the boundaries or system 10188
of operation. The obligation of the state to make remittance of 10189
the sums appropriated or otherwise provided to make the annual 10190
grants provided by this section shall be subordinate to the pledge 10191
made to secure the state school bonds authorized under this 10192
chapter and the sinking fund created for their retirement. The 10193
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grants shall be computed annually as soon as practicable after the 10194
end of the school year, and shall be based on the net enrollment 10195
for such school year in all of the public schools operated by each 10196
school district as determined by the State Department of 10197
Education. 10198
SECTION 103. Section 37-47-25, Mississippi Code of 1972, is 10199
brought forward as follows: 10200
37-47-25. Whenever the State Department of Education shall 10201
determine that any school district is in need of capital 10202
improvements to an extent in excess of that which may be financed 10203
by the credit then due such school district by the department, the 10204
department shall be empowered to advance or lend the school 10205
district such sums as in the opinion of the department are 10206
necessary to be expended for capital improvements by that school 10207
district. Such loans or advances shall be evidenced by 10208
appropriate agreements, and shall be repayable in principal by the 10209
school district from the annual grants to which the school 10210
district shall become entitled and from such other funds as may be 10211
available. Such loans or advances shall not constitute a debt of 10212
the school district within the meaning of any provision or 10213
limitation of the Constitution or statutes of the State of 10214
Mississippi. The department shall not advance or lend to any 10215
school district any sum in excess of seventy-five percent (75%) of 10216
the estimated sum which will accrue to the school district on 10217
account of grants to be made to the school district within the 10218
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twenty (20) years next following the date of the loan or advance. 10219
In determining the maximum allowable advance or loan, the 10220
department shall assume that the net enrollment in the schools of 10221
the school district for the past preceding scholastic year, as 10222
confirmed by the audit of net enrollment made by the State 10223
Department of Audit, will continue for the period during which the 10224
loan is to be repaid. 10225
SECTION 104. Section 37-47-33, Mississippi Code of 1972, is 10226
brought forward as follows: 10227
37-47-33. For the purpose of: (a) providing funds to enable 10228
the State Board of Education to make loans or advances to school 10229
districts as provided by Section 37-47-25; (b) providing funds for 10230
the payment and redemption of certificates of credit issued to 10231
school districts under Section 37-47-23, when such funds are not 10232
otherwise available; or (c) providing funds in an amount not 10233
exceeding Twenty Million Dollars ($20,000,000.00) for the payment 10234
of allocations of total funding formula funds to school districts 10235
for capital expenditures approved under Sections 37-151-200 10236
through 37-151-215 by the State Board of Education which have not 10237
been pledged for debt by the school district, when such funds are 10238
not otherwise available, the State Bond Commission is authorized 10239
and empowered to issue state school bonds under the conditions 10240
prescribed in this chapter. The aggregate principal amount of 10241
such bonds outstanding at any one (1) time, after deducting the 10242
amount of the sinking fund provided for the retirement of bonds 10243
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issued for such purposes, shall never exceed the sum of One 10244
Hundred Million Dollars ($100,000,000.00). Within such limits, 10245
however, state school bonds may be issued from time to time under 10246
the conditions prescribed in this chapter. None of such bonds so 10247
issued shall have a maturity date later than July 1, 2021. 10248
SECTION 105. Section 37-61-19, Mississippi Code of 1972, is 10249
brought forward as follows: 10250
37-61-19. It shall be the duty of the superintendents of 10251
schools and the school boards of all school districts to limit the 10252
expenditure of school funds during the fiscal year to the 10253
resources available. It shall be unlawful for any school district 10254
to budget expenditures from a fund in excess of the resources 10255
available within that fund. Furthermore, it shall be unlawful for 10256
any contract to be entered into or any obligation incurred or 10257
expenditure made in excess of the resources available for such 10258
fiscal year. Any member of the school board, superintendent of 10259
schools, or other school official, who shall knowingly enter into 10260
any contract, incur any obligation, or make any expenditure in 10261
excess of the amount available for the fiscal year shall be 10262
personally liable for the amount of such excess. However, no 10263
school board member, superintendent or other school official shall 10264
be personally liable: (a) in the event of any reduction in total 10265
funding formula payments by action of the Governor acting through 10266
the Department of Finance and Administration; or (b) for claims, 10267
damages, awards or judgments, on account of any wrongful or 10268
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tortious act or omission or breach of implied term or condition of 10269
any warranty or contract. However, the foregoing immunity 10270
provisions shall not be a defense in cases of fraud, criminal 10271
action or an intentional breach of fiduciary obligations imposed 10272
by statute. 10273
SECTION 106. Section 37-61-29, Mississippi Code of 1972, is 10274
brought forward as follows: 10275
37-61-29. The State Department of Audit is hereby authorized 10276
and empowered to post-audit and investigate the financial affairs 10277
and all transactions involving the school funds of the school 10278
district including the total funding formula funds and 10279
supplementary district school funds, and to make separate and 10280
special audits thereof, as now provided by Sections 7-7-201 10281
through 7-7-215. 10282
SECTION 107. Section 37-68-7, Mississippi Code of 1972, is 10283
brought forward as follows: 10284
37-68-7. (1) There is established the Equity in Distance 10285
Learning Grant Program which shall be administered by the 10286
department for the purpose of reimbursing schools for eligible 10287
expenses incurred in funding their distance learning plans, and in 10288
facilitating safe classroom and remote instruction. 10289
(2) Subject to appropriations by the Legislature, 10290
allocations to schools shall be made based on net enrollment, as 10291
defined in Section 37-151-201. For any school not funded under 10292
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the total funding formula, the department shall calculate the net 10293
enrollment equivalent or fund the school based on enrollment. 10294
(3) Subject to the provisions of this chapter, and other 10295
applicable federal law and regulations, schools shall have the 10296
authority to use the funds provided in this grant program in a way 10297
which best facilitates their distance learning plan, and safe 10298
classroom or remote instruction. 10299
(4) Schools are highly encouraged to commit a portion of 10300
their federal ESSER funds, above the amount required by Section 10301
37-68-11(b), as supplemental matching funds to offset the total 10302
cost of purchasing sufficient electronic devices, technological 10303
supports and systems of service for its distance learning plan. 10304
SECTION 108. Section 37-131-7, Mississippi Code of 1972, is 10305
brought forward as follows: 10306
37-131-7. When any pupils shall attend any demonstration or 10307
practice school under the provisions of Section 37-131-3, such 10308
children shall be reported and accounted for the allocation of 10309
total funding formula funds and state public school building funds 10310
just as though such children were attending the regular schools of 10311
the district in which they reside. For this purpose, reports 10312
shall be made to the school district involved by the demonstration 10313
or practice school of the number of pupils in net enrollment, and 10314
the net enrollment of such children shall thereupon be included in 10315
reports made to the State Board of Education by the school 10316
district. 10317
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Allocation of the total funding formula funds shall be made 10318
by the State Board of Education for such children just as though 10319
such children were attending the regular schools of the district. 10320
All total funding formula funds which accrue to any district as a 10321
result of such children who are in attendance at a demonstration 10322
or practice school shall be paid by the board of trustees of the 10323
municipal separate school district or by the county board of 10324
education to the demonstration or practice school, and shall be 10325
used to defray the cost and expense of maintaining, operating and 10326
conducting such demonstration or practice school. 10327
All state public school building funds which accrue as a 10328
result of such children in attendance at a demonstration or 10329
practice school shall be credited directly to such demonstration 10330
or practice school, and all of the provisions of Chapter 47 of 10331
this title shall be fully applicable thereto. 10332
SECTION 109. Section 37-131-9, Mississippi Code of 1972, is 10333
brought forward as follows: 10334
37-131-9. In addition to the amounts paid to the 10335
demonstration or practice school from total funding formula funds, 10336
as provided in Section 37-131-7, the board of trustees of the 10337
school district involved may contract with the demonstration or 10338
practice school for the payment of additional amounts thereto to 10339
defray expenses over and above those defrayed by the total funding 10340
formula funds, which additional amounts shall be paid from any 10341
funds available to the school district other than total funding 10342
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formula funds, whether produced by a supplemental district tax 10343
levy or otherwise. 10344
If the total funds paid to the demonstration or practice 10345
school by the school district are inadequate to defray the cost 10346
and expense of maintaining and operating such demonstration or 10347
practice school then the president or executive head of the 10348
institution may, subject to the approval of the Board of Trustees 10349
of State Institutions of Higher Learning, require the payment of 10350
additional fees or tuition in an amount to be fixed by the 10351
president or executive head of the institution, subject to the 10352
approval of the Board of Trustees of State Institutions of Higher 10353
Learning, which amount shall be paid by and collected from the 10354
student or his parents. 10355
Boards of trustees of school districts involved may designate 10356
an area within the jurisdiction of the board as an attendance 10357
center as provided by law, and may require students in such area 10358
to attend demonstration or practice schools, subject to a 10359
satisfactory contract between the school board and the president 10360
or executive head of the institution operating the demonstration 10361
or practice school. In such event, all fees and tuition must be 10362
borne by the school district and in no case shall the child or the 10363
parents of the child assigned to such demonstration or practice 10364
school be required to pay any fees or tuition. 10365
The president or executive head of the institution, subject 10366
to the approval of the Board of Trustees of State Institutions of 10367
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Higher Learning, may also fix the amount of fees and tuition to be 10368
paid by students desiring to attend such demonstration or practice 10369
school in cases where there is no contract with the board of 10370
trustees of the school district in which the students reside 10371
therefor. 10372
All funds received by an institution, under the provisions of 10373
this section, shall be deposited in a special fund and shall be 10374
used and expended solely for the purpose of defraying and paying 10375
the cost and expense of operating, maintaining and conducting such 10376
teachers demonstration and practice school. Such funds may be 10377
supplemented by and used in connection with any other funds 10378
available to the institutions for such purpose whether made 10379
available by legislative appropriation or otherwise. 10380
SECTION 110. Section 37-131-11, Mississippi Code of 1972, is 10381
brought forward as follows: 10382
37-131-11. All demonstration or practice schools established 10383
under the provisions of Section 37-131-1 shall, as far as may be 10384
practicable, be subject to and governed by the same laws as other 10385
public schools of the State of Mississippi, and shall make all 10386
reports required by law to be made by public schools to the State 10387
Board of Education at the same time and in the same manner as such 10388
reports are made by other public schools. However, for the 10389
purpose of the allocation of total funding formula funds, the 10390
reports of children in net enrollment shall be made to the school 10391
district involved by the demonstration or practice school, and a 10392
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copy thereof shall be filed with the State Board of Education. 10393
The school district shall use the reports so filed with it in 10394
making its reports to the State Board of Education for the purpose 10395
of the allocation of total funding formula funds, but the net 10396
enrollment of the pupils attending such demonstration or practice 10397
school shall be segregated and separated in such reports from the 10398
net enrollment in the regular schools of the district. 10399
SECTION 111. Section 37-151-9, Mississippi Code of 1972, is 10400
brought forward as follows: 10401
37-151-9. (1) The State Board of Education and State 10402
Superintendent of Education shall establish within the State 10403
Department of Education a special unit at the division level 10404
called the Office of Educational Accountability. The Director of 10405
the Office of Educational Accountability shall hold a position 10406
comparable to a deputy superintendent and shall be appointed by 10407
the State Board of Education with the advice and consent of the 10408
Senate. He shall serve at the will and pleasure of the State 10409
Board of Education and may employ necessary professional, 10410
administrative and clerical staff. The Director of the Office of 10411
Educational Accountability shall provide all reports to the 10412
Legislature, Governor, Mississippi Commission on School 10413
Accreditation and State Board of Education and respond to any 10414
inquiries for information. 10415
(2) The Office of Educational Accountability is responsible 10416
for monitoring and reviewing programs developed under the 10417
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Education Reform Act, the Mississippi Adequate Education Program 10418
Act of 1994, the Education Enhancement Fund, the Mississippi 10419
Student Funding Formula, and subsequent education initiatives, and 10420
shall provide information, recommendations and an annual 10421
assessment to the Legislature, Governor, Mississippi Commission on 10422
School Accreditation and the State Board of Education. The annual 10423
assessment of education reform programs shall be performed by the 10424
Office of Educational Accountability by December 1 of each year. 10425
(3) In addition, the Office of Educational Accountability 10426
shall have the following specific duties and responsibilities: 10427
(a) Developing and maintaining a system of 10428
communication with school district personnel; 10429
(b) Provide opportunities for public comment on the 10430
current functions of the State Department of Education's programs, 10431
needed public education services and innovative suggestions; and 10432
(c) Assess both positive and negative impact on school 10433
districts of new education programs, including but not limited to 10434
The Mississippi Report Card and alternative school programs. 10435
SECTION 112. Section 37-151-87, Mississippi Code of 1972, is 10436
brought forward as follows: 10437
37-151-87. No school district shall pay any teacher less 10438
than the state minimum salary. However, school districts are 10439
authorized to reduce the state minimum salary by a pro rata daily 10440
amount in order to comply with the school district employee 10441
furlough provisions of Section 37-7-308. From and after July 1, 10442
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2012, no school district shall receive any funds under the 10443
provisions of this chapter for any school year during which the 10444
aggregate amount of local supplement is reduced below such amount 10445
for the previous year. However, (a) where there has been a 10446
reduction in total funding formula allocations for such district 10447
in such year, (b) where there has been a reduction in the amount 10448
of federal funds to such district below the previous year, or (c) 10449
where there has been a reduction in ad valorem taxes to such 10450
school district for the 1986-1987 school year below the amount for 10451
the previous year due to the exemption of nuclear generating 10452
plants from ad valorem taxation pursuant to Section 27-35-309, the 10453
aggregate amount of local supplement in such district may be 10454
reduced in the discretion of the local school board without loss 10455
of funds under this chapter. No school district may receive any 10456
funds under the provisions of this chapter for any school year if 10457
the aggregate amount of support from ad valorem taxation shall be 10458
reduced during such school year below such amount for the previous 10459
year; however, where there is a loss in total funding formula 10460
allocations, or where there is or heretofore has been a decrease 10461
in the total assessed value of taxable property within a school 10462
district, the aggregate amount of such support may be reduced 10463
proportionately. Nothing herein contained shall prohibit any 10464
school district from adopting or continuing a program or plan 10465
whereby teachers are paid varying salaries according to the 10466
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teaching ability, classroom performance and other similar 10467
standards. 10468
For purposes of this section, the term "local supplement" 10469
means the additional amount paid to an individual teacher over and 10470
above the salary schedule prescribed in Section 37-19-7 for the 10471
performance of regular teaching duties by that teacher. 10472
SECTION 113. Section 37-151-89, Mississippi Code of 1972, is 10473
brought forward as follows: 10474
37-151-89. The minimum base pay for all classroom teachers 10475
may be increased by the district from any funds available to it. 10476
SECTION 114. Section 37-151-91, Mississippi Code of 1972, is 10477
brought forward as follows: 10478
37-151-91. The school boards of all school districts may 10479
establish salary schedules based on training, experience and other 10480
such factors as may be incorporated therein, including student 10481
progress and performance as developed by the State Board of 10482
Education, paying teachers greater amounts than the scale provided 10483
in Section 37-19-7, but no teacher may be paid less than the 10484
amount based upon the minimum scale of pay provided in Section 10485
37-19-7, and all supplements paid from local funds shall be based 10486
upon the salary schedules so established. The school boards may 10487
call upon the State Department of Education for aid and assistance 10488
in formulating and establishing such salary schedules, and it 10489
shall be the duty of the State Department of Education, when so 10490
called upon, to render such aid and assistance. The amount 10491
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actually paid to each teacher shall be based upon and determined 10492
by the type of license held by such teacher. 10493
SECTION 115. Section 37-151-93, Mississippi Code of 1972, is 10494
brought forward as follows: 10495
37-151-93. (1) Legally transferred students going from one 10496
school district to another shall be counted for total funding 10497
formula allotments by the school district wherein the pupils 10498
attend school, but shall be counted for transportation allotment 10499
purposes in the school district which furnishes or provides the 10500
transportation. The school boards of the school districts which 10501
approve the transfer of a student under the provisions of Section 10502
37-15-31 shall enter into an agreement and contract for the 10503
payment or nonpayment of any portion of their local maintenance 10504
funds which they deem fair and equitable in support of any 10505
transferred student. Except as provided in subsection (2) of this 10506
section, local maintenance funds shall be transferred only to the 10507
extent specified in the agreement and contract entered into by the 10508
affected school districts. The terms of any local maintenance 10509
fund payment transfer contract shall be spread upon the minutes of 10510
both of the affected school district school boards. The school 10511
district accepting any transfer students shall be authorized to 10512
accept tuition from such students under the provisions of Section 10513
37-15-31(1) and such agreement may remain in effect for any length 10514
of time designated in the contract. The terms of such student 10515
transfer contracts and the amounts of any tuition charged any 10516
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transfer student shall be spread upon the minutes of both of the 10517
affected school boards. No school district accepting any transfer 10518
students under the provisions of Section 37-15-31(2), which 10519
provides for the transfer of certain school district employee 10520
dependents, shall be authorized to charge such transfer students 10521
any tuition fees. 10522
(2) Local maintenance funds shall be paid by the home school 10523
district to the transferee school district for students granted 10524
transfers under the provisions of Sections 37-15-29(3) and 10525
37-15-31(3), not to exceed the student base amount, as defined in 10526
Section 37-151-201, multiplied by the number of such legally 10527
transferred students. 10528
SECTION 116. Section 37-151-99, Mississippi Code of 1972, is 10529
brought forward as follows: 10530
37-151-99. Based upon the information obtained pursuant to 10531
Section 37-151-207(3) and upon such other and further information 10532
as provided by law, the State Department of Education shall, on or 10533
before June 1 of each year, or as soon thereafter as is practical, 10534
furnish each school board and charter school the preliminary 10535
estimate of the amount each will receive from the total funding 10536
formula provided in Sections 37-151-200 through 37-151-215 for the 10537
succeeding scholastic year, and at the same time shall furnish 10538
each such school board with a tentative estimate of the cost of 10539
the local minimum tax effort for the total funding formula in the 10540
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school district and the local contribution for the school district 10541
and each charter school for such succeeding fiscal year. 10542
SECTION 117. Section 37-151-101, Mississippi Code of 1972, 10543
is brought forward as follows: 10544
37-151-101. It shall be the duty of the State Department of 10545
Education to file with the State Treasurer and the State Fiscal 10546
Officer such data and information as may be required to enable the 10547
said State Treasurer and State Fiscal Officer to distribute the 10548
total funding formula funds provided in Sections 37-151-200 10549
through 37-151-215 by electronic funds transfer to the several 10550
school districts and charter schools at the time required and 10551
provided under the provisions of this chapter. Such data and 10552
information so filed shall show in detail the amount of funds to 10553
which each school district and charter school is entitled under 10554
the total funding formula. Such data and information so filed may 10555
be revised from time to time as necessitated by law. At the time 10556
provided by law, the State Treasurer and the State Fiscal Officer 10557
shall distribute to the several school districts and charter 10558
schools the amounts to which they are entitled under the total 10559
funding formula as provided by this chapter. Such distribution 10560
shall be made by electronic funds transfer to the depositories of 10561
the several school districts and charter schools designated in 10562
writing to the State Treasurer based upon the data and information 10563
supplied by the State Department of Education for such 10564
distribution. In such instances, the State Treasurer shall submit 10565
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assistant teachers.
a request for an electronic funds transfer to the State Fiscal 10566
Officer, which shall set forth the purpose, amount and payees, and 10567
shall be in such form as may be approved by the State Fiscal 10568
Officer so as to provide the necessary information as would be 10569
required for a requisition and issuance of a warrant. A copy of 10570
the record of the electronic funds transfers shall be transmitted 10571
by the school district and charter school depositories to the 10572
Treasurer, who shall file duplicates with the State Fiscal 10573
Officer. The Treasurer and State Fiscal Officer shall jointly 10574
promulgate regulations for the utilization of electronic funds 10575
transfers to school districts and charter schools. 10576
SECTION 118. Section 37-151-103, Mississippi Code of 1972, 10577
is brought forward as follows: 10578
37-151-103. (1) Funds due each school district and charter 10579
school under the total funding formula provided in Sections 10580
37-151-200 through 37-151-215 shall be paid in the following 10581
manner: Two (2) business days prior to the last working day of 10582
each month there shall be paid to each school district and charter 10583
school, by electronic funds transfer, one-twelfth (1/12) of the 10584
funds to which the district or charter school is entitled from 10585
funds appropriated for total funding formula. However, in 10586
December those payments shall be made on December 15 or the next 10587
business day after that date. All school districts shall process 10588
a single monthly or a bimonthly payroll for employees, in the 10589
discretion of the local school board, with electronic settlement 10590
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of payroll checks secured through direct deposit of net pay for 10591
all school district employees. In addition, the State Department 10592
of Education may pay school districts and charter schools under 10593
the total funding formula on a date earlier than provided for by 10594
this section if it is determined that it is in the best interest 10595
of school districts and charter schools to do so. 10596
However, if the cash balance in the State General Fund is 10597
not adequate on the due date to pay the amounts due to all school 10598
districts and charter schools in the state as determined by the 10599
State Superintendent of Public Education, the State Fiscal Officer 10600
shall not transfer the funds payable to any school district or 10601
districts or charter schools until money is available to pay the 10602
amount due to all districts and charter schools. 10603
(2) Notwithstanding any provision of this chapter or any 10604
other law requiring the number of children in net enrollment or 10605
the net enrollment of transported children to be determined on the 10606
basis of the preceding year, the State Board of Education is 10607
hereby authorized and empowered to make proper adjustments in 10608
allotments in cases where major changes in the number of children 10609
in net enrollment or the net enrollment of transported children 10610
occurs from one (1) year to another as a result of changes or 10611
alterations in the boundaries of school districts, the sending of 10612
children from one (1) county or district to another upon a 10613
contract basis, the termination or discontinuance of a contract 10614
for the sending of children from one (1) county or district to 10615
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another, a change in or relocation of attendance centers, or for 10616
any other reason which would result in a major decrease or 10617
increase in the number of children in net enrollment or the net 10618
enrollment of transported children during the current school year 10619
as compared with the preceding year. 10620
SECTION 119. Section 37-151-105, Mississippi Code of 1972, 10621
is brought forward as follows: 10622
37-151-105. The State Board of Education shall have the 10623
authority to make such regulations not inconsistent with law which 10624
it deems necessary for the administration of this chapter. The 10625
State Board of Education, if it deems such practice necessary, may 10626
use reports of the first six (6) months of school for the purpose 10627
of determining net enrollment. 10628
SECTION 120. Section 37-151-107, Mississippi Code of 1972, 10629
is brought forward as follows: 10630
37-151-107. Any superintendent of education, member of the 10631
local school board of any school district, superintendent, 10632
principal, teacher, carrier, bus driver or member or employee of 10633
the State Department of Education or State Board of Education, or 10634
any other person, who shall willfully violate any of the 10635
provisions of this chapter, or who shall willfully make any false 10636
report, list or record, or who shall willfully make use of any 10637
false report, list or record, concerning the number of school 10638
children in net enrollment shall be guilty of a misdemeanor and 10639
upon conviction shall be punished by imprisonment in the county 10640
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jail for a period not to exceed sixty (60) days or by a fine of 10641
not less than One Hundred Dollars ($100.00), nor more than Three 10642
Hundred Dollars ($300.00), or by both such fine and imprisonment, 10643
in the discretion of the court. In addition, any such person 10644
shall be civilly liable for all amounts of public funds which are 10645
illegally, unlawfully or wrongfully expended or paid out by virtue 10646
of or pursuant to such false report, list or record, and upon 10647
conviction or adjudication of civil liability hereunder, such 10648
person shall forfeit his license to teach for a period of three 10649
(3) years, if such person is the holder of such a license. Any 10650
suit to recover such funds illegally, unlawfully or wrongfully 10651
expended or paid out may be brought in the name of the State of 10652
Mississippi by the Attorney General or the proper district 10653
attorney or county attorney, and, in the event such suit is 10654
brought against a person who is under bond, the sureties upon such 10655
bond shall likewise be liable for such amount illegally, 10656
unlawfully or wrongfully expended or paid out. 10657
SECTION 121. Section 37-173-9, Mississippi Code of 1972, is 10658
brought forward as follows: 10659
37-173-9. (1) (a) The parent or legal guardian is not 10660
required to accept the offer of enrolling in another public school 10661
in lieu of requesting a Mississippi Dyslexia Therapy Scholarship 10662
to a nonpublic school. However, if the parent or legal guardian 10663
chooses the public school option, the student may continue 10664
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assistant teachers.
attending a public school chosen by the parent or legal guardian 10665
until the student completes Grade 12. 10666
(b) If the parent or legal guardian chooses a public 10667
school within the district, the school district shall provide 10668
transportation to the public school selected by the parent or 10669
legal guardian. However, if the parent or legal guardian chooses 10670
a public school in another district, the parent or legal guardian 10671
is responsible to provide transportation to the school of choice. 10672
These provisions do not prohibit a parent or legal guardian 10673
of a student diagnosed with dyslexia, at any time, from choosing 10674
the option of a Mississippi Dyslexia Therapy Scholarship which 10675
would allow the student to attend another public school or 10676
nonpublic special purpose school. 10677
(2) If the parent or legal guardian chooses the nonpublic 10678
school option and the student is accepted by the nonpublic school 10679
pending the availability of a space for the student, the parent or 10680
legal guardian of the student must notify the department thirty 10681
(30) days before the first scholarship payment and before entering 10682
the nonpublic school in order to be eligible for the scholarship 10683
when a space becomes available for the student in the nonpublic 10684
school. 10685
(3) The parent or legal guardian of a student may choose, as 10686
an alternative, to enroll the student in and transport the student 10687
to a public school in an adjacent school district which has 10688
available space and has a program with dyslexia services that 10689
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assistant teachers.
provide daily dyslexia therapy sessions delivered by a department 10690
licensed dyslexia therapist, and that school district shall accept 10691
the student and report the student for purposes of the district's 10692
funding under the total funding formula provided in Sections 10693
37-151-200 through 37-151-215. 10694
SECTION 122. Section 37-173-13, Mississippi Code of 1972, is 10695
brought forward as follows: 10696
37-173-13. (1) The maximum scholarship granted per eligible 10697
student with dyslexia shall be an amount equivalent to the student 10698
base amount under the total funding formula provided in Sections 10699
37-151-200 through 37-151-215. 10700
(2) (a) The nonpublic school under this program shall 10701
report to the State Department of Education the number of students 10702
with dyslexia who are enrolled in nonpublic schools on the 10703
Mississippi Dyslexia Therapy Scholarships as of September 30 of 10704
each year in order to determine funding for the subsequent year. 10705
Funds may not be transferred from any funding provided to the 10706
Mississippi School for the Deaf and the Blind for program 10707
participants who are eligible under Section 37-173-5. 10708
(b) The State Department of Education will disburse 10709
payments to nonpublic schools under this program in twelve (12) 10710
substantially equal installments. The initial payment shall be 10711
made after department verification of admission acceptance, and 10712
subsequent payments shall be made upon verification of continued 10713
enrollment and attendance at the nonpublic school. 10714
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SECTION 123. Section 37-175-13, Mississippi Code of 1972, is 10715
brought forward as follows: 10716
37-175-13. (1) The maximum scholarship granted per eligible 10717
student with speech-language impairment shall be an amount 10718
equivalent to the state share of per student funding under the 10719
total funding formula provided in Sections 37-151-200 through 10720
37-151-215 in the school district in which a student resides. 10721
(2) (a) Any nonpublic school under this program shall 10722
report to the State Department of Education the number of students 10723
with speech-language impairment who are enrolled in nonpublic 10724
schools on the Mississippi Speech-Language Therapy Scholarships as 10725
of September 30 of each year in order to determine funding for the 10726
subsequent year. Funds may not be transferred from any funding 10727
provided to the Mississippi School for the Deaf and the Blind for 10728
program participants who are eligible under Section 37-175-5. 10729
(b) The State Department of Education shall make 10730
payments to nonpublic schools for each student at the nonpublic 10731
school equal to the state share of the total funding formula 10732
payments for each student in net enrollment at the school district 10733
from which the student transferred. In calculating the local 10734
contribution for purposes of determining the state share of the 10735
total funding formula payments, the department shall deduct the 10736
pro rata local contribution of the school district in which the 10737
student resides, to be determined as provided in Section 10738
37-151-211(2). 10739
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(c) Payments made pursuant to this subsection by the 10740
State Department of Education must be made at the same time and in 10741
the same manner as the total funding formula payments are made to 10742
school districts under Sections 37-151-101 and 37-151-103. 10743
Amounts payable to a nonpublic school must be determined by the 10744
State Department of Education. 10745
(3) If the parent opts to remove a child from a public 10746
school to a nonpublic special purpose school and to receive a 10747
scholarship under this chapter, then transportation shall be 10748
provided at the parent's or guardian's expense. 10749
SECTION 124. Section 37-179-3, Mississippi Code of 1972, is 10750
brought forward as follows: 10751
37-179-3. (1) A district which is an applicant to be 10752
designated as a district of innovation under Section 37-179-1 10753
shall: 10754
(a) Establish goals and performance targets for the 10755
district of innovation proposal, which may include: 10756
(i) Reducing achievement gaps among groups of 10757
public school students by expanding learning experiences for 10758
students who are identified as academically low-achieving; 10759
(ii) Increasing pupil learning through the 10760
implementation of high, rigorous standards for pupil performance; 10761
(iii) Increasing the participation of students in 10762
various curriculum components and instructional components within 10763
selected schools to enhance at each grade level; 10764
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(iv) Increasing the number of students who are 10765
college and career-ready; 10766
(v) Motivating students at different grade levels 10767
by offering more curriculum choices and student learning 10768
opportunities to parents and students within the district; 10769
(b) Identify changes needed in the district and schools 10770
to lead to better prepared students for success in life and work; 10771
(c) Have a district wide plan of innovation that 10772
describes and justifies which schools and innovative practices 10773
will be incorporated; 10774
(d) Provide documentation of community, educator, 10775
parental, and the local board's support of the proposed 10776
innovations; 10777
(e) Provide detailed information regarding the 10778
rationale of requests for waivers from Title 37, Mississippi Code 10779
of 1972, which relate to the elementary and secondary education of 10780
public school students, and administrative regulations, and 10781
exemptions for selected schools regarding waivers of local school 10782
board policies; 10783
(f) Document the fiscal and human resources the board 10784
will provide throughout the term of the implementation of the 10785
innovations within its plan; and 10786
(g) Provide other materials as required by the 10787
department in compliance with the board's administrative 10788
regulations and application procedures. 10789
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(2) The district and all schools participating in a 10790
district's innovation plan shall: 10791
(a) Ensure the same health, safety, civil rights, and 10792
disability rights requirements as are applied to all public 10793
schools; 10794
(b) Ensure students meet compulsory attendance 10795
requirements under Sections 37-13-91 and 37-13-92; 10796
(c) Ensure that high school course offerings meet or 10797
exceed the minimum required under Sections 37-16-7 and 37-3-49, 10798
for high school graduation or meet early graduation requirements 10799
that may be enacted by the Mississippi Legislature; 10800
(d) Ensure the student performance standards meet or 10801
exceed those adopted by the State Board of Education as required 10802
by Sections 37-3-49, 37-16-3 and 37-17-6, including compliance 10803
with the statewide assessment system specified in Chapter 16, 10804
Title 37, Mississippi Code of 1972; 10805
(e) Adhere to the same financial audits, audit 10806
procedures, and audit requirements as are applied under Section 10807
7-7-211(e); 10808
(f) Require state and criminal background checks for 10809
staff and volunteers as required of all public school employees 10810
and volunteers within the public schools and specified in Section 10811
37-9-17; 10812
(g) Comply with open records and open meeting 10813
requirements under Sections 25-41-1 et seq. and 25-61-1 et seq.; 10814
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(h) Comply with purchasing requirements and limitations 10815
under Chapter 39, Title 37, Mississippi Code of 1972; 10816
(i) Provide overall instructional time that is 10817
equivalent to or greater than that required under Sections 37-1-11 10818
and 37-13-67, but which may include on-site instruction, distance 10819
learning, online courses, and work-based learning on 10820
nontraditional school days or hours; and 10821
(j) Provide data to the department as deemed necessary 10822
to generate school and district reports. 10823
(3) (a) Only schools that choose to be designated as 10824
schools of innovation shall be included in a district's 10825
application; 10826
(b) As used in this paragraph, "eligible employees" 10827
means employees that are regularly employed at the school and 10828
those employees whose primary job duties will be affected by the 10829
plan; and 10830
(c) Notwithstanding the provisions of paragraph (a) of 10831
this subsection, a local school board may require a school that 10832
has been identified as a persistently low-achieving school under 10833
provisions of Section 37-17-6 to participate in the district's 10834
plan of innovation. 10835
(4) Notwithstanding any statutes to the contrary, the board 10836
may approve the requests of districts of innovation to: 10837
(a) Use capital outlay funds for operational costs; 10838
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(b) Hire persons for classified positions in 10839
nontraditional school and district assignments who have bachelors 10840
and advanced degrees from postsecondary education institutions 10841
accredited by a regional accrediting association (Southern 10842
Association of Colleges and Schools) or by an organization 10843
affiliated with the National Commission on Accrediting; 10844
(c) Employ teachers on extended employment contracts or 10845
extra duty contracts and compensate them on a salary schedule 10846
other than the single salary schedule; 10847
(d) Extend the school days as is appropriate within the 10848
district with compensation for the employees as determined 10849
locally; 10850
(e) Establish alternative education programs and 10851
services that are delivered in nontraditional hours and which may 10852
be jointly provided in cooperation with another school district or 10853
consortia of districts; 10854
(f) Establish online classes within the district for 10855
delivering alternative classes in a blended environment to meet 10856
high school graduation requirements; 10857
(g) Use a flexible school calendar; 10858
(h) Convert existing schools into schools of 10859
innovation; and 10860
(i) Modify the formula under Chapter 151, Title 37, 10861
Mississippi Code of 1972, for distributing total funding formula 10862
funds for students in net enrollment in nontraditional programming 10863
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time, including alternative programs and virtual programs. Funds 10864
granted to a district shall not exceed those that would have 10865
otherwise been distributed based on net enrollment during regular 10866
instructional days. 10867
SECTION 125. Section 37-181-7, Mississippi Code of 1972, is 10868
brought forward as follows: 10869
37-181-7. (1) New enrollment in the ESA program created in 10870
this chapter shall be limited to five hundred (500) additional 10871
students each year. Subject to appropriation from the General 10872
Fund, each student's ESA shall be funded at Six Thousand Five 10873
Hundred Dollars ($6,500.00) for school year 2015-2016. For each 10874
subsequent year, this amount shall increase or decrease by the 10875
same proportion as the student base amount under Section 10876
37-151-203 is increased or decreased. 10877
(2) Subject to appropriation, eligible students shall be 10878
approved for participation in the ESA program as follows: 10879
(a) Students shall be approved on a first-come, 10880
first-served basis, with applications being reviewed on a rolling 10881
basis; 10882
(b) After participation reaches fifty percent (50%) of 10883
the annual enrollment limits in subsection (1) of this section, 10884
the department shall set annual application deadlines for the 10885
remaining number of available ESAs and begin to maintain a waiting 10886
list of eligible students. The waitlist shall only include 10887
eligible students who have certified to the department that they 10888
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have been accepted into an eligible school qualified to provide 10889
services for the participating student's disability or special 10890
education needs, or provide services addressing a participating 10891
student's IEP. The waitlist will be maintained in the 10892
chronological order in which applications are received. The 10893
department shall award ESA program applications in chronological 10894
order according to the waitlist; and 10895
(c) Participating students who remain eligible for the 10896
ESA program are automatically approved for participation for the 10897
following year and are not subject to the random selection 10898
process. 10899
(3) No funds for an ESA may be expended from the total 10900
funding formula funds provided in this chapter, nor shall any 10901
school district be required to provide funding for an ESA. 10902
SECTION 126. Section 65-26-9, Mississippi Code of 1972, is 10903
brought forward as follows: 10904
65-26-9. (1) There is hereby created in the State Treasury 10905
a special fund to be known as the Tennessee-Tombigbee Waterway 10906
Bridge Bond Retirement Fund. All revenues pledged for the payment 10907
of the principal of and interest on the bonds authorized to be 10908
issued by this chapter shall be deposited into the bond retirement 10909
fund. Expenditures from the bond retirement fund shall be made 10910
only in accordance with this section. 10911
(2) Subject to the provisions of subsection (3) of this 10912
section, amounts on deposit in the bond retirement fund and not 10913
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immediately required for the making of any payments therefrom 10914
shall be invested in interest-bearing certificates of deposit in 10915
accordance with the provisions of Section 27-105-33, except 10916
interest so earned shall be credited to the bond retirement fund. 10917
(3) (a) There is hereby established within the bond 10918
retirement fund two (2) separate accounts as follows: (i) the 10919
"Tennessee-Tombigbee General Account"; and (ii) the 10920
"Tennessee-Tombigbee Principal and Interest Account." 10921
(b) (i) All amounts held in the bond retirement fund 10922
on April 23, 1986, and all amounts thereafter deposited in the 10923
bond retirement fund, shall be credited to the Tennessee-Tombigbee 10924
General Account. 10925
(ii) Until such time as the transfer of funds from 10926
the Tennessee-Tombigbee General Account to the Tennessee-Tombigbee 10927
Principal and Interest Account occurs as provided in paragraph 10928
(b)(iii) of this subsection, amounts in the general account shall 10929
be applied to the following purposes and in the following order of 10930
priority: first, to the extent required, to the payment, the 10931
principal of, redemption premium, if any, and interest on general 10932
obligation bonds; second, to the extent required, to the General 10933
Fund of the state to reimburse the state for expenditures in 10934
excess of twenty-five percent (25%) of the total costs of the 10935
principal and interest on bonds issued under authority of 10936
subsection (1) of Section 65-26-15 and for all expenditures for 10937
costs of the principal of and interest on bonds issued under 10938
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authority of subsection (2) of Section 65-26-15; and third, to the 10939
extent required, if any, to the bridge construction fund created 10940
in Section 65-26-25 to make current payments to meet contractual 10941
obligations for bridge construction. 10942
(iii) Upon certification of the State Treasurer, 10943
filed with and approved by the State Bond Commission, that the 10944
amount on deposit in the Tennessee-Tombigbee General Account, 10945
together with earnings on investments to accrue to it, is equal to 10946
or greater than the aggregate of the entire principal, redemption 10947
premium, if any, and interest due and to become due, until the 10948
final maturity date or earlier scheduled redemption date thereof, 10949
on all general obligation bonds outstanding as of the date of such 10950
certification, then the State Treasurer shall transfer from the 10951
Tennessee-Tombigbee General Account to the Tennessee-Tombigbee 10952
Principal and Interest Account an amount equal to the entire 10953
principal, redemption premium, if any, and interest due and to 10954
become due, until the final maturity date or scheduled redemption 10955
date thereof, on all general obligation bonds outstanding as of 10956
the date of such transfer. The State of Mississippi hereby 10957
covenants with the holders from time to time of general obligation 10958
bonds that amounts deposited in the Tennessee-Tombigbee Principal 10959
and Interest Account will be applied solely to the payment of the 10960
principal of, redemption premium, if any, and interest on general 10961
obligation bonds. 10962
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(iv) After the date of the transfer from the 10963
general account to the principal and interest account contemplated 10964
by paragraph (b)(iii) of this subsection, amounts from time to 10965
time on deposit in the Tennessee-Tombigbee General Account shall 10966
be applied monthly to the following purposes and in the following 10967
order of priority: first, to the extent required, to the payment 10968
of the principal of, redemption premium, if any, and interest on 10969
general obligation bonds issued under this chapter; second, to the 10970
extent required, to the General Fund of the state to reimburse the 10971
state for expenditures in excess of twenty-five percent (25%) of 10972
the total costs of the principal and interest on bonds issued 10973
under authority of subsection (1) of Section 65-26-15 and for all 10974
expenditures for costs of the principal of and interest on bonds 10975
issued under authority of subsection (2) of Section 65-26-15; and 10976
third, to the extent required, if any, to the bridge construction 10977
fund created in Section 65-26-25 to make current payments to meet 10978
contractual obligations for bridge construction. 10979
(4) It is the intent of the Legislature that all outstanding 10980
general obligation bonds issued under this chapter shall be 10981
retired by the State Bond Commission on the earliest scheduled 10982
redemption date thereof, provided that there are sufficient funds 10983
in the bond retirement fund together with earnings on investments 10984
to accrue to it. When the principal of, redemption premium, if 10985
any, and interest on all such outstanding general obligation bonds 10986
are paid in full, then any amounts remaining in the bond 10987
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retirement fund, or separate accounts therein, together with 10988
earnings on investments to accrue to it, shall be apportioned and 10989
paid as follows: 10990
(a) Three Million Five Hundred Thousand Dollars 10991
($3,500,000.00) of such funds shall be paid into the appropriate 10992
fund for use by the Yellow Creek State Inland Port Authority for 10993
equipment or facilities necessary to the operation of the port. 10994
(b) Three Million Five Hundred Thousand Dollars 10995
($3,500,000.00) shall be paid into the State General Fund. 10996
(c) Seven Million Five Hundred Thousand Dollars 10997
($7,500,000.00) shall be paid to Tishomingo County. Of the Seven 10998
Million Five Hundred Thousand Dollars ($7,500,000.00), (i) Two 10999
Million Five Hundred Thousand Dollars ($2,500,000.00) shall be 11000
placed by the county in a special trust fund, the principal of 11001
which shall remain inviolate and the interest on which shall be 11002
expended solely for improvement of elementary and secondary 11003
education in Tishomingo County and distributed among the school 11004
districts therein based on the net enrollment in each, and (ii) 11005
Five Million Dollars ($5,000,000.00) shall be placed in the county 11006
general fund and may be expended for general county purposes. 11007
(d) The balance of such funds shall be paid to the 11008
counties of Alcorn, Chickasaw, Clay, Itawamba, Lee, Lowndes, 11009
Monroe, Noxubee, Kemper, Pontotoc, Prentiss and Tishomingo. Such 11010
funds shall be paid to such counties in the proportion that each 11011
county's contribution to the bridge bond fund bears to the total 11012
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contribution from all twelve (12) counties; however, no county 11013
shall be paid more than Five Million Dollars ($5,000,000.00) under 11014
this paragraph (d). Such funds shall be deposited by the county 11015
into a special account to be expended solely for economic 11016
development purposes. No expenditure of funds from the special 11017
account shall be made unless the amount to be expended from the 11018
special account is matched by other county funds in an amount 11019
equal to fifteen percent (15%) of the special account funds to be 11020
expended and until the Mississippi Development Authority, upon 11021
application by the board of supervisors, has certified that the 11022
proposed expenditure is for economic development purposes and has 11023
approved the expenditure for such purposes; provided, however, the 11024
fifteen percent (15%) match hereinabove imposed shall not be 11025
required when the proposed expenditure for economic development 11026
purposes is on land owned or leased by the federal, state, county 11027
or municipal government. 11028
SECTION 127. Section 37-13-80, Mississippi Code of 1972, is 11029
amended as follows: 11030
37-13-80. (1) There is created the Office of * * * Student 11031
Success and Graduation within the State Department of Education. 11032
The office shall be responsible for the administration of a 11033
statewide * * * program success and graduation of students. 11034
(2) The State Superintendent of Public Education shall 11035
appoint a director for the Office of * * * Student Success and 11036
Graduation, who shall meet all qualifications established by the 11037
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State Superintendent of Public Education and the State Personnel 11038
Board. The director shall be responsible for the proper 11039
administration of the Office of * * * Student Success and 11040
Graduation and any other regulations or policies that may be 11041
adopted by the State Board of Education. * * * 11042
(3) Each school district shall implement a * * * Student 11043
Success and Graduation Strategic Plan, which shall be submitted to 11044
the Office of Student Success and Graduation of the State 11045
Department of Education by July 15, beginning with the 2026-2027 11046
school year, and annually thereafter * * *. 11047
(4) Each local school district will be held responsible for 11048
reducing and/or eliminating dropouts in the district. The local 11049
school district will be responsible for the implementation 11050
of * * * strategic plans focusing on issues such as, but not 11051
limited to: 11052
(a) Dropout Prevention initiatives that focus on the 11053
needs of individual local education agencies; 11054
(b) Establishing policies and procedures that meet the 11055
needs of the districts; 11056
(c) Focusing on the student-centered goals and 11057
objectives that are * * * measurable; 11058
(d) Strong emphasis on reducing the retention rates in 11059
grades kindergarten, first and second; 11060
(e) Targeting subgroups that need additional assistance 11061
to meet graduation requirements; and 11062
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(f) Dropout recovery initiatives that focus on students 11063
age seventeen (17) through twenty-one (21), who dropped out of 11064
school. 11065
(5) (a) The Office of * * * Student Success and Graduation 11066
may provide technical assistance * * * to local school districts 11067
to increase graduation rates and reduce chronic absenteeism, as 11068
defined in Section 37-13-91(n). The Office of * * * Student 11069
Success and Graduation shall collaborate with program offices 11070
within the * * * State Department of Education to develop 11071
and * * * disseminate model policies, templates and data tools 11072
for: 11073
(i) Early warning identification; 11074
(ii) Tiered interventions; and 11075
(iii) Family and community engagement strategies 11076
aligned to Section 37-13-91(n). 11077
(b) The Office of Student Success and Graduation shall, 11078
at a minimum: 11079
(i) Publish annually updated guidance and model 11080
plans; and 11081
(ii) Offer training and technical assistance to 11082
schools and local school districts whose chronic absenteeism rate 11083
exceeds ten percent (10%) for any grade level or subgroup. 11084
(6) Each school district's * * * strategic plan shall 11085
address how students will transition to the home school district 11086
from the juvenile detention centers. 11087
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(7) It is the intent of the Legislature that, through the 11088
statewide * * * Student Success and Graduation programs 11089
implemented by each school district, the graduation rate for 11090
cohort classes will be increased to not less than * * * ninety 11091
percent (90%) by the * * * 2029-2030 school year. * * * 11092
SECTION 128. Section 37-13-81, Mississippi Code of 1972, is 11093
amended as follows: 11094
37-13-81. There is created the Office of * * * Educational 11095
Participation within the Office of * * * Student Success and 11096
Graduation of the State Department of Education. The office shall 11097
be responsible for the administration of a statewide system of 11098
enforcement of the Mississippi Compulsory School Attendance Law, 11099
outlined in Section 37-13-91, and for the supervision of * * * 11100
student success and graduation coaches throughout the state. 11101
SECTION 129. Section 37-13-83, Mississippi Code of 1972, is 11102
amended as follows: 11103
37-13-83. The State Superintendent of Public Education shall 11104
appoint * * * appropriate staff to adequately provide enforcement, 11105
who shall meet all qualifications established for * * * student 11106
success and graduation regional coordinators and any additional 11107
qualifications that may be established by the State Superintendent 11108
of Public Education or State Personnel Board. The * * * staff 11109
shall be responsible for the proper administration of the Office 11110
of * * * Educational Participation in conformity with the 11111
Mississippi Compulsory School Attendance Law and any other 11112
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regulations or policies that may be adopted by the State Board of 11113
Education. The * * * staff shall report directly to the Director 11114
of the Office of * * * Student Success and Graduation. 11115
SECTION 130. Section 37-13-85, Mississippi Code of 1972, is 11116
amended as follows: 11117
37-13-85. The Office of * * * Educational Participation 11118
shall have the following powers and duties, in addition to all 11119
others imposed or granted by law: 11120
(a) To establish any policies or guidelines concerning 11121
the employment of * * * student success and graduation coaches 11122
which serve to effectuate a uniform system of enforcement under 11123
the Mississippi Compulsory School Attendance Law throughout the 11124
state, and to designate the number of * * * student success and 11125
graduation coaches which shall be employed to serve in each school 11126
district area; 11127
(b) To supervise and assist * * * student success and 11128
graduation regional coordinators in the performance of their 11129
duties; 11130
(c) To establish minimum standards for enrollment and 11131
attendance for the state and each individual school district, and 11132
to monitor the success of the state and districts in achieving the 11133
required levels of performance; 11134
(d) To provide to school districts failing to meet the 11135
established standards for enrollment and attendance assistance in 11136
reducing absenteeism or the dropout rates in those districts; 11137
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(e) To establish any qualifications, in addition to 11138
those required under Section 37-13-89, for * * * student success 11139
and graduation coaches as the office deems necessary to further 11140
the purposes of the Mississippi Compulsory School Attendance Law; 11141
(f) To develop and implement a system under which 11142
school districts are required to maintain accurate records that 11143
document enrollment and attendance in such a manner that the 11144
records reflect all changes in enrollment and attendance, and to 11145
require * * * student success and graduation coaches to submit 11146
information concerning public school attendance on a monthly basis 11147
to the office; 11148
(g) To prepare the form of the certificate of 11149
enrollment required under the Mississippi Compulsory School 11150
Attendance Law and to furnish a sufficient number of the 11151
certificates of enrollment to each * * * student success and 11152
graduation coach in the state; 11153
(h) To provide to the State Board of Education 11154
statistical information concerning absenteeism, dropouts and other 11155
attendance-related problems as requested by the State Board of 11156
Education; 11157
(i) To provide for the certification of * * * student 11158
success and graduation coaches; 11159
(j) To provide for a course of training and education 11160
for * * * student success and graduation coaches, and to require 11161
successful completion of the course as a prerequisite to 11162
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certification by the office as * * * student success and 11163
graduation coaches; 11164
(k) To adopt any guidelines or policies the office 11165
deems necessary to effectuate an orderly transition from the 11166
supervision of * * * student success and graduation coaches by 11167
district attorneys to the supervision by the * * * student success 11168
and graduation regional coordinators; 11169
* * * 11170
( * * *l) To adopt policies or guidelines linking the 11171
duties of * * * student success and graduation coaches to the 11172
appropriate courts, law enforcement agencies and community service 11173
providers; and 11174
( * * *m) To adopt any other policies or guidelines 11175
that the office deems necessary for the enforcement of the 11176
Mississippi Compulsory School Attendance Law; however, the 11177
policies or guidelines shall not add to or contradict with the 11178
requirements of Section 37-13-91. 11179
SECTION 131. Section 37-13-87, Mississippi Code of 1972, is 11180
amended as follows: 11181
37-13-87. (1) The * * * appropriate staff member of the 11182
Office of * * * Educational Participation shall employ three 11183
(3) * * * student success and graduation regional coordinators, 11184
each to maintain an office within a different Supreme Court 11185
district. Each * * * regional coordinator shall be responsible 11186
for the enforcement of the Mississippi Compulsory School 11187
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Attendance Law within his or her district and shall exercise 11188
direct supervision over the * * * student success and graduation 11189
coaches in the district. The * * * regional coordinators, who 11190
shall report to the director of the office, shall assist the * * * 11191
student success and graduation coaches in the performance of their 11192
duties as established by law or otherwise. 11193
(2) No person having less than eight (8) years combined 11194
actual experience as a * * * student success and graduation coach, 11195
school teacher, school administrator, law enforcement officer 11196
possessing a college degree with a major in a behavioral science 11197
or a related field, and/or social worker in the state shall be 11198
employed as a * * * student success and graduation regional 11199
coordinator. Further, a * * * student success and graduation 11200
regional coordinator shall possess a college degree with a major 11201
in a behavioral science or a related field or shall have actual 11202
experience as a school teacher, school administrator, law 11203
enforcement officer possessing such degree or social worker; 11204
however, these requirements shall not apply to persons employed 11205
as * * * student success and graduation coaches before January 1, 11206
1987. * * * Effective July 1, 2026, student success and 11207
graduation coaches shall meet any additional qualifications 11208
established by the State Personnel Board for * * * student success 11209
and graduation coaches or * * * student success and graduation 11210
regional coordinators. The * * * student success and graduation 11211
regional coordinators shall receive an annual salary to be set by 11212
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the State Superintendent of Public Education, subject to the 11213
approval of the State Personnel Board. 11214
(3) To establish clear compliance within schools and school 11215
districts, the State Department of Education may employ up to ten 11216
(10) attendance compliance officers to assist with proper data 11217
implementation, collection and training of appropriate district 11218
and school level staff members. These individuals shall have 11219
monitoring duties as assigned by the State Department of 11220
Education. 11221
SECTION 132. Section 37-13-89, Mississippi Code of 1972, is 11222
amended as follows: 11223
37-13-89. (1) In each school district within the state, 11224
there shall be employed the number of * * * student success and 11225
graduation coaches determined by the Office of * * * Educational 11226
Participation * * * necessary to adequately enforce the provisions 11227
of the Mississippi Compulsory School Attendance Law; however, this 11228
number shall not exceed * * * one hundred eighty (180) student 11229
success and graduation coaches at any time. In any school 11230
districts where charter schools operate, the home school 11231
district's student success and graduation coach shall also enforce 11232
the provisions of the Mississippi Compulsory School Attendance Law 11233
for those charter schools. From and after July 1, 1998, all * * * 11234
student success and graduation coaches employed pursuant to this 11235
section shall be employees of the State Department of Education. 11236
* * * The first twelve (12) months of employment for each * * * 11237
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student success and graduation coach shall be the probationary 11238
period of state service. 11239
(2) (a) The State Department of Education shall obtain 11240
current criminal records background checks and current child abuse 11241
registry checks on all persons applying for the position of * * * 11242
student success and graduation coach. The criminal records 11243
information and registry checks must be kept on file for any new 11244
hires. In order to determine an applicant's suitability for 11245
employment as a * * * student success and graduation coach, the 11246
applicant must be fingerprinted. If no disqualifying record is 11247
identified at the state level, the Department of Public Safety 11248
shall forward the fingerprints to the Federal Bureau of 11249
Investigation (FBI) for a national criminal history record check. 11250
* * * Under no circumstances may a member of the State Board of 11251
Education, employee of the State Department of Education or any 11252
person other than the subject of the criminal records background 11253
check disseminate information received through any such checks 11254
except insofar as required to fulfill the purposes of this 11255
subsection. 11256
(b) If the fingerprinting or criminal records check 11257
discloses a felony conviction, guilty plea or plea of nolo 11258
contendere to a felony of possession or sale of drugs, murder, 11259
manslaughter, armed robbery, rape, sexual battery, sex offense 11260
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 11261
burglary, gratification of lust or aggravated assault which has 11262
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not been reversed on appeal or for which a pardon has not been 11263
granted, the applicant is not eligible to be employed as a * * * 11264
student success and graduation coach. Any employment of an 11265
applicant pending the results of the fingerprinting and criminal 11266
records check is voidable if the new hire receives a disqualifying 11267
criminal records check. However, the State Board of Education, in 11268
its discretion, may allow an applicant aggrieved by an employment 11269
decision under this subsection to appear before the board, or 11270
before a hearing officer designated for that purpose, to show 11271
mitigating circumstances that may exist and allow the new hire to 11272
be employed as a * * * student success and graduation coach. The 11273
State Board of Education may grant waivers for mitigating 11274
circumstances, which may include, but are not necessarily limited 11275
to: (i) age at which the crime was committed; (ii) circumstances 11276
surrounding the crime; (iii) length of time since the conviction 11277
and criminal history since the conviction; (iv) work history; (v) 11278
current employment and character references; and (vi) other 11279
evidence demonstrating the ability of the person to perform the 11280
responsibilities of a * * * student success and graduation coach 11281
competently and that the person does not pose a threat to the 11282
health or safety of children. 11283
(c) A member of the State Board of Education or 11284
employee of the State Department of Education may not be held 11285
liable in any employment discrimination suit in which an 11286
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allegation of discrimination is made regarding an employment 11287
decision authorized under this section. 11288
(3) (a) Each * * * student success and graduation coach 11289
shall possess * * * at least one (1) of the following: 11290
(i) An education pathway, which consists of the 11291
following: 11292
1. A bachelor's degree with a major in 11293
behavioral science or related field, including, but not limited 11294
to, social work, education, criminal justice, psychology or 11295
sociology; or 11296
2. An associate's degree with a major in 11297
behavioral science or related field, plus two (2) years of 11298
full-time experience in education, social work, counseling, law 11299
enforcement or a comparable field involving direct services to 11300
children and families; or 11301
(ii) An experience pathway, which requires no less 11302
than three (3) years of combined experience in a related role 11303
involving student support and engagement. 11304
(b) All student success and graduation coaches shall 11305
also satisfy any additional requirements that may be established 11306
by the State Department of Education for the position of student 11307
success and graduation coach. 11308
(4) It shall be the duty of each * * * student success and 11309
graduation coach to: 11310
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(a) Cooperate with any public agency to locate and 11311
identify all compulsory-school-age children who are not attending 11312
school; 11313
(b) Cooperate with all courts of competent 11314
jurisdiction; 11315
(c) Investigate all cases of nonattendance and unlawful 11316
absences by compulsory-school-age children not enrolled in a 11317
nonpublic school; 11318
(d) Provide appropriate counseling to encourage all 11319
school-age children to attend school until they have completed 11320
high school; 11321
(e) Attempt to secure the provision of social or 11322
welfare services that may be required to enable any child to 11323
attend school; 11324
(f) Contact the home or place of residence of a 11325
compulsory-school-age child and any other place in which the 11326
officer is likely to find any compulsory-school-age child when the 11327
child is absent from school during school hours without a valid 11328
written excuse from school officials, and when the child is found, 11329
the officer shall notify the parents and school officials as to 11330
where the child was physically located. If a home visit is 11331
necessary, the school district may send a member of the 11332
administrative staff or local law enforcement agency to accompany 11333
the student success and graduation coach to the residence of the 11334
absent child; 11335
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(g) Contact promptly the home of each 11336
compulsory-school-age child in the school district within 11337
the * * * student success and graduation coach's jurisdiction who 11338
is not enrolled in school or is not in attendance at public school 11339
and is without a valid written excuse from school officials; if no 11340
valid reason is found for the nonenrollment or absence from the 11341
school, the * * * student success and graduation coach shall give 11342
written notice to the parent, guardian or custodian of the 11343
requirement for the child's enrollment or attendance; 11344
(h) Collect and maintain information concerning 11345
absenteeism, dropouts and other attendance-related problems, as 11346
may be required by law or the Office of * * * Educational 11347
Participation; and 11348
(i) Perform all other duties relating to compulsory 11349
school attendance established by the State Department of Education 11350
or the local school district * * * staff responsible for 11351
attendance * * *, or both. 11352
(5) While engaged in the performance of his or her duties, 11353
each * * * student success and graduation coach shall carry on his 11354
or her person a badge identifying him or her as a * * * student 11355
success and graduation coach under the Office of * * * Educational 11356
Participation of the State Department of Education and an 11357
identification card designed by the State Superintendent of Public 11358
Education and issued by the * * * student success and graduation 11359
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regional coordinator. Neither the badge nor the identification 11360
card shall bear the name of any elected public official. 11361
(6) In collaboration with the State Department of Education, 11362
the State Personnel Board shall develop a salary scale for * * * 11363
student success and graduation coaches as part of the variable 11364
compensation plan. The various pay ranges of the salary scale 11365
shall be based upon factors including, but not limited to, 11366
education, professional certification and licensure, and number of 11367
years of experience. * * * Student success and graduation coaches 11368
shall be paid in accordance with this salary scale. The minimum 11369
salaries under the scale shall be no less than the following: 11370
* * * 11371
2026-2027 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE 11372
Exp. Salary 11373
0 $32,000.00 11374
1 $32,592.40 11375
2 $33,237.54 11376
3 $33,870.84 11377
4 $34,514.02 11378
5 $35,718.87 11379
6 $36,388.25 11380
7 $37,068.01 11381
8 $37,758.28 11382
9 $38,459.21 11383
10 $39,753.42 11384
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11 $40,482.50 11385
12 $41,222.77 11386
13 $41,974.39 11387
14 $42,737.51 11388
15 $44,127.33 11389
16 $45,491.91 11390
17 $45,726.11 11391
18 $46,543.79 11392
19 $47,373.88 11393
20 $48,865.93 11394
21 $49,728.47 11395
22 $50,604.03 11396
23 $51,492.79 11397
24 $52,394.93 11398
25 $55,110.54 11399
26 $56,059.69 11400
27 $57,023.02 11401
28 $58,000.71 11402
29 $58,992.97 11403
30 $60,000.00 11404
(7) (a) Each * * * student success and graduation coach 11405
employed by a district attorney on June 30, 1998, who became an 11406
employee of the State Department of Education on July 1, 1998, 11407
shall be awarded credit for personal leave and major medical leave 11408
for his or her continuous service as a * * * student success and 11409
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graduation coach under the district attorney, and if applicable, 11410
the youth or family court or a state agency. The credit for 11411
personal leave shall be in an amount equal to one-third (1/3) of 11412
the maximum personal leave the * * * student success and 11413
graduation coach could have accumulated had he or she been 11414
credited with such leave under Section 25-3-93 during his or her 11415
employment with the district attorney, and if applicable, the 11416
youth or family court or a state agency. The credit for major 11417
medical leave shall be in an amount equal to one-half (1/2) of the 11418
maximum major medical leave the * * * student success and 11419
graduation coach could have accumulated had he or she been 11420
credited with such leave under Section 25-3-95 during his or her 11421
employment with the district attorney, and if applicable, the 11422
youth or family court or a state agency. However, if a district 11423
attorney who employed a * * * student success and graduation coach 11424
on June 30, 1998, certifies, in writing, to the State Department 11425
of Education that the * * * student success and graduation coach 11426
had accumulated, pursuant to a personal leave policy or major 11427
medical leave policy lawfully adopted by the district attorney, a 11428
number of days of unused personal leave or major medical leave, or 11429
both, which is greater than the number of days to which the * * * 11430
student success and graduation coach is entitled under this 11431
paragraph, the State Department of Education shall authorize 11432
the * * * student success and graduation coach to retain the 11433
actual unused personal leave or major medical leave, or both, 11434
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certified by the district attorney, subject to the maximum amount 11435
of personal leave and major medical leave the * * * student 11436
success and graduation coach could have accumulated had he been 11437
credited with such leave under Sections 25-3-93 and 25-3-95. 11438
(b) For the purpose of determining the accrual rate for 11439
personal leave under Section 25-3-93 and major medical leave under 11440
Section 25-3-95, the State Department of Education shall give 11441
consideration to all continuous service rendered by a * * * 11442
student success and graduation coach before July 1, 1998, in 11443
addition to the service rendered by the * * * student success and 11444
graduation coach as an employee of the department. 11445
(c) In order for a * * *student success and graduation 11446
coach to be awarded credit for personal leave and major medical 11447
leave or to retain the actual unused personal leave and major 11448
medical leave accumulated by him or her before July 1, 1998, the 11449
district attorney who employed the * * * student success and 11450
graduation coach must certify, in writing, to the State Department 11451
of Education the hire date of the * * * student success and 11452
graduation coach. For each * * * student success and graduation 11453
coach employed by the youth or family court or a state agency 11454
before being designated an employee of the district attorney who 11455
has not had a break in continuous service, the hire date shall be 11456
the date that the * * * student success and graduation coach was 11457
hired by the youth or family court or state agency. The 11458
department shall prescribe the date by which the certification 11459
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must be received by the department and shall provide written 11460
notice to all district attorneys of the certification requirement 11461
and the date by which the certification must be received. 11462
(8) (a) * * * Student success and graduation coaches shall 11463
maintain regular office hours on a year-round basis; however, 11464
during the school term, on those days that teachers in all of the 11465
school districts served by a * * * student success and graduation 11466
coach are not required to report to work, the * * * student 11467
success and graduation coach also shall not be required to report 11468
to work. (For purposes of this subsection, a school district's 11469
school term is that period of time identified as the school term 11470
in contracts entered into by the district with licensed 11471
personnel.) A * * * student success and graduation coach shall be 11472
required to report to work on any day recognized as an official 11473
state holiday if teachers in any school district served by 11474
that * * * student success and graduation coach are required to 11475
report to work on that day, regardless of the school attendance 11476
officer's status as an employee of the State Department of 11477
Education, and compensatory leave may not be awarded to the * * * 11478
student success and graduation coach for working during that day. 11479
However, a * * * student success and graduation coach may be 11480
allowed by the school attendance officer's supervisor to use 11481
earned leave on such days. 11482
(b) The State Department of Education annually shall 11483
designate a period of * * * four (4) consecutive weeks * * * 11484
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during the summer between school years during which * * * student 11485
success and graduation coaches shall fall wholly within the window 11486
beginning on the Monday of the second full week of June and ending 11487
on the Sunday of the third full week of July (the summer 11488
nonreporting period), during which student success and graduation 11489
coaches shall not be required to report to work. A * * * student 11490
success and graduation coach who elects to work * * * during * * * 11491
the summer nonreporting period * * * shall not be awarded 11492
compensatory leave for such work and may not * * * elect to be 11493
absent from work at any time * * * outside the summer nonreporting 11494
period except by use of accrued personal leave or major medical 11495
leave accrued under Sections 25-3-93 or 25-3-95 * * *. 11496
(9) The State Department of Education shall provide all 11497
continuing education and training courses that * * * student 11498
success and graduation coaches are required to complete under 11499
state law or rules and regulations of the department. 11500
SECTION 133. Section 37-13-91, Mississippi Code of 1972, is 11501
amended as follows: 11502
37-13-91. (1) This section shall be referred to as the 11503
"Mississippi Compulsory School Attendance Law." 11504
(2) The following terms as used in this section are defined 11505
as follows: 11506
(a) "Parent" means the father or mother to whom a child 11507
has been born, or the father or mother by whom a child has been 11508
legally adopted. 11509
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(b) "Guardian" means a guardian of the person of a 11510
child, other than a parent, who is legally appointed by a court of 11511
competent jurisdiction. 11512
(c) "Custodian" means any person having the present 11513
care or custody of a child, other than a parent or guardian of the 11514
child. 11515
(d) "School day" means * * * the portion of a day 11516
during which schools are in session as set by the local school 11517
board and consistent with State Board of Education accreditation 11518
requirements. For purposes of compulsory school attendance and 11519
chronic absenteeism, a pupil shall be considered in full-day 11520
attendance if present for at least sixty-six percent (66%) of the 11521
day, as defined by the State Board of Education. 11522
(e) "School" means any public school, including a 11523
charter school, in this state or any nonpublic school in this 11524
state which is in session each school year for at least one 11525
hundred eighty (180) school days, except that the "nonpublic" 11526
school term shall be the number of days that each school shall 11527
require for promotion from grade to grade. 11528
(f) "Compulsory-school-age child" means a child who has 11529
attained or will attain the age of six (6) years on or before 11530
September 1 of the calendar year and who has not attained the age 11531
of seventeen (17) years on or before September 1 of the calendar 11532
year; and shall include any child who has attained or will attain 11533
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the age of five (5) years on or before September 1 and has 11534
enrolled in a full-day public school kindergarten program. 11535
(g) "School attendance officer" means a person employed 11536
by the State Department of Education pursuant to Section 37-13-89. 11537
(h) "Appropriate school official" means the 11538
superintendent of the school district, or his or her designee, or, 11539
in the case of a nonpublic school, the principal or the 11540
headmaster. 11541
(i) "Nonpublic school" means an institution for the 11542
teaching of children, consisting of a physical plant, whether 11543
owned or leased, including a home, instructional staff members and 11544
students, and which is in session each school year. This 11545
definition shall include, but not be limited to, private, church, 11546
parochial and home instruction programs. 11547
(3) A parent, guardian or custodian of a 11548
compulsory-school-age child in this state shall cause the child to 11549
enroll in and attend a public school or legitimate nonpublic 11550
school for the period of time that the child is of compulsory 11551
school age, except under the following circumstances: 11552
(a) When a compulsory-school-age child is physically, 11553
mentally or emotionally incapable of attending school as 11554
determined by the appropriate school official based upon 11555
sufficient medical documentation. 11556
(b) When a compulsory-school-age child is enrolled in 11557
and pursuing a course of special education, remedial education or 11558
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education for children with physical or mental disadvantages or 11559
disabilities. 11560
(c) When a compulsory-school-age child is being 11561
educated in a legitimate home instruction program. 11562
The parent, guardian or custodian of a compulsory-school-age 11563
child described in this subsection * * * shall complete a 11564
"certification of enrollment" to facilitate the administration of 11565
this section. The appropriate school official for any or all 11566
children attending a charter school or nonpublic school shall 11567
complete a "certificate of enrollment" * * * to facilitate the 11568
administration of this section. 11569
The form of the certificate of enrollment shall be prepared 11570
by the Office of * * * Educational Participation of the State 11571
Department of Education and shall be designed to obtain the 11572
following information only: 11573
(i) The name, address, telephone number and date 11574
of birth of the compulsory-school-age child; 11575
(ii) The name, address and telephone number of the 11576
parent, guardian or custodian of the compulsory-school-age child; 11577
(iii) The local public school district where the 11578
compulsory-school-age child resides; 11579
( * * *iv) A simple description of the type of 11580
education the compulsory-school-age child is receiving and, if the 11581
child is enrolled in a nonpublic school, the name and address of 11582
the school; and 11583
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( * * *v) The signature of the parent, guardian or 11584
custodian of the compulsory-school-age child or, for any or all 11585
compulsory-school-age child or children attending a charter school 11586
or nonpublic school, the signature of the appropriate school 11587
official and the date signed. 11588
The certificate of enrollment shall be returned to the * * * 11589
student success and graduation coach where the child resides on or 11590
before * * * August 15 of each year. Any parent, guardian or 11591
custodian found by the * * * student success and graduation coach 11592
to be in noncompliance with this section shall comply, after 11593
written notice of the noncompliance by the * * * student success 11594
and graduation coach, with this subsection within ten (10) days 11595
after the notice or be in violation of this section. However, in 11596
the event the child has been enrolled in a public school within 11597
fifteen (15) calendar days after the first day of the school year 11598
as required in subsection (6), the parent or custodian may, at a 11599
later date, enroll the child in a legitimate nonpublic school or 11600
legitimate home instruction program and send the certificate of 11601
enrollment to the * * * student success and graduation coach and 11602
be in compliance with this subsection. 11603
For the purposes of this subsection, a legitimate nonpublic 11604
school or legitimate home instruction program shall be those not 11605
operated or instituted for the purpose of avoiding or 11606
circumventing the compulsory attendance law. 11607
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(4) An "unlawful absence" is an absence for an entire school 11608
day or during part of a school day by a compulsory-school-age 11609
child, which absence is not due to a valid excuse for temporary 11610
nonattendance. For purposes of reporting absenteeism under 11611
subsection (6) of this section, if a compulsory-school-age child 11612
has an absence that is more than * * * thirty-three percent (33%) 11613
of the instructional day, as fixed by the school board for the 11614
school at which the compulsory-school-age child is enrolled, the 11615
child must be considered absent the entire school day. Days 11616
missed from school due to disciplinary suspension shall not be 11617
considered an "excused" absence under this section. This 11618
subsection shall not apply to children enrolled in a nonpublic 11619
school. 11620
Each of the following shall constitute a valid excuse for 11621
temporary nonattendance of a compulsory-school-age child enrolled 11622
in a noncharter public school, provided satisfactory evidence of 11623
the excuse is provided to the superintendent of the school 11624
district, or his or her designee: 11625
(a) An absence is excused when the absence results from 11626
the compulsory-school-age child's attendance at an authorized 11627
school activity with the prior approval of the superintendent of 11628
the school district, or his or her designee. These activities may 11629
include field trips, athletic contests, student conventions, 11630
musical festivals and any similar activity. 11631
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(b) An absence is excused when the absence results from 11632
illness or injury which prevents the compulsory-school-age child 11633
from being physically able to attend school. However, after three 11634
(3) written notes per semester, medical documentation is required 11635
to be considered an excused absence. 11636
(c) An absence is excused when isolation of a 11637
compulsory-school-age child is ordered by the county health 11638
officer, by the State Board of Health or appropriate school 11639
official. 11640
(d) An absence is excused when it results from the 11641
death or serious illness of a member of the immediate family of a 11642
compulsory-school-age child. The immediate family members of a 11643
compulsory-school-age child shall include children, spouse, 11644
grandparents, parents, brothers and sisters, including 11645
stepbrothers and stepsisters. 11646
(e) An absence is excused when it results from a 11647
medical or dental appointment of a compulsory-school-age child 11648
with a documented excuse from the medical provider. 11649
(f) An absence is excused when it results from the 11650
attendance of a compulsory-school-age child at the proceedings of 11651
a court or an administrative tribunal if the child is a party to 11652
the action or under subpoena as a witness. 11653
(g) An absence may be excused if the religion to which 11654
the compulsory-school-age child or the child's parents adheres, 11655
requires or suggests the observance of a religious event. The 11656
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approval of the absence is within the discretion of the 11657
superintendent of the school district, or his or her designee, but 11658
approval should be granted unless the religion's observance is of 11659
such duration as to interfere with the education of the child. 11660
(h) An absence may be excused when it is demonstrated 11661
to the satisfaction of the superintendent of the school district, 11662
or his or her designee, that the purpose of the absence is to take 11663
advantage of a valid educational opportunity such as travel, 11664
including vacations or other family travel. Approval of the 11665
absence must be gained from the superintendent of the school 11666
district, or his or her designee, before the absence * * *. 11667
(i) An absence may be excused when it is demonstrated 11668
to the satisfaction of the superintendent of the school district, 11669
or his or her designee, that conditions are sufficient to warrant 11670
the compulsory-school-age child's nonattendance. However, no 11671
absences shall be excused by the school district superintendent, 11672
or his or her designee, when any student suspensions or expulsions 11673
circumvent the intent and spirit of the compulsory attendance law. 11674
(j) An absence is excused when it results from the 11675
attendance of a compulsory-school-age child participating in 11676
official organized events sponsored by the 4-H or Future Farmers 11677
of America (FFA). The excuse for the 4-H or FFA event must be 11678
provided in writing to the appropriate school superintendent by 11679
the Extension Agent or High School Agricultural Instructor/FFA 11680
Advisor. 11681
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(k) An absence is excused when it results from the 11682
compulsory-school-age child officially being employed to serve as 11683
a page at the State Capitol for the Mississippi House of 11684
Representatives or Senate. 11685
(l) Except as otherwise provided in this section, no 11686
compulsory-school-age child shall be granted more than five (5) 11687
excused absences per semester under subsections (b) through (j). 11688
Any additional excused absences beyond this limit must be 11689
specifically approved by the superintendent of the school 11690
district, or his or her designee, upon a showing of extenuating 11691
circumstances. Extenuating circumstances may include, but are not 11692
limited to, prolonged illness or injury supported by medical 11693
documentation, extended religious observances or participation in 11694
educational opportunities of substantial merit, including 11695
out-of-state educational travel. Any absence in excess of this 11696
limit, and not approved by the superintendent, shall be considered 11697
unexcused for purposes of this chapter. Any absence in excess of 11698
the limit set forth in this subsection, and not approved by the 11699
superintendent, shall be considered an unexcused absence for 11700
purposes of this chapter. 11701
(m) For purposes of this section and in alignment with 11702
state and federal accountability requirements, a 11703
compulsory-school-age child shall be considered chronically absent 11704
if the child is absent from school for ten percent (10%) or more 11705
of the instructional days in a school year, regardless of whether 11706
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such absences are excused or unexcused under paragraphs (a) 11707
through (l) of this subsection. Accordingly, each school district 11708
shall: 11709
(i) Actively monitor chronic absenteeism rates by 11710
school, grade level and subgroup of students. Districts shall 11711
include chronic absenteeism data in their annual accountability 11712
reporting and in their district-and school-level improvement 11713
plans; 11714
(ii) Develop and implement tiered intervention 11715
strategies for students identified as being at risk of chronic 11716
absenteeism, which shall include, at a minimum: 11717
1. Timely parent or guardian notification 11718
when a student has accumulated three (3) or more absences that 11719
place the student at risk of chronic absenteeism; 11720
2. Opportunities for parent or guardian 11721
conferences to identify barriers to regular attendance; 11722
3. Referral to school-or community-based 11723
support services as appropriate, including health, counseling, and 11724
transportation resources; and 11725
4. Assignment of an individualized attendance 11726
success plan, which may include mentoring, case management by a 11727
school attendance officer, or other evidence-based supports; 11728
(iii) Adopt strategies for proactive family 11729
engagement to prevent and reduce chronic absenteeism, including, 11730
but not limited to: 11731
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1. Regular communication with families in a 11732
language and manner understandable to them about the importance of 11733
daily attendance and the consequences of absenteeism; 11734
2. Partnering with community organizations, 11735
faith-based institutions, or local businesses to support families 11736
in overcoming barriers to school attendance; and 11737
3. Providing training for school staff on 11738
culturally responsive family engagement practices related to 11739
attendance; 11740
(iv) When a school's chronic absenteeism rate 11741
exceeds ten percent (10%) for any subgroup or grade level, the 11742
school district shall be required to adopt a written chronic 11743
absenteeism reduction plan, which shall be submitted to the local 11744
school board and made publicly available on the district website. 11745
The plan shall describe specific evidence-based practices the 11746
district will employ to reduce chronic absenteeism, the timeline 11747
for implementation, family and community engagement strategies, 11748
and the metrics for measuring progress; 11749
(v) The State Department of Education shall 11750
provide technical assistance to districts in the development and 11751
implementation of chronic absenteeism reduction strategies and 11752
shall annually publish statewide data on chronic absenteeism by 11753
district and school; and 11754
(vi) The reporting of chronic absenteeism under 11755
this subsection shall not be construed to create a new criminal 11756
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offense or to redefine "unlawful absence," but shall serve as a 11757
primary indicator for prevention, intervention, and accountability 11758
under state and federal law. 11759
(n) By July 1, 2026, each school district shall, by 11760
board action, adopt and implement locally tailored policies that: 11761
(i) Set documentation standards for excuses under 11762
paragraphs (b) and (e), including acceptable verification, 11763
submission timelines, a locally set limit on parent/guardian notes 11764
before third-party documentation is required, and protections for 11765
student privacy; and 11766
(ii) Establish family-engagement protocols aligned 11767
to paragraph (n), including timely notice when a student is at 11768
risk of chronic absenteeism, a parent/guardian conference and 11769
attendance success plan, multi-channel/translated communications, 11770
and referral to available local supports. 11771
(o) Policies shall be posted on the district website, 11772
reviewed at least every three (3) years, and reported on annually 11773
to the local board using disaggregated attendance data. The 11774
department may issue nonbinding model policies, and adoption of 11775
the model or a substantially aligned policy, constitutes minimum 11776
compliance. 11777
(p) Nothing in this subsection creates a new criminal 11778
offense or redefines "unlawful absence." 11779
(5) Any parent, guardian or custodian of a 11780
compulsory-school-age child subject to this section who refuses or 11781
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willfully fails to perform any of the duties imposed upon him or 11782
her under this section or who intentionally falsifies any 11783
information required to be contained in a certificate of 11784
enrollment, shall be guilty of contributing to the neglect of a 11785
child and, upon conviction, shall be punished in accordance with 11786
Section 97-5-39. 11787
Upon prosecution of a parent, guardian or custodian of a 11788
compulsory-school-age child for violation of this section, the 11789
presentation of evidence by the prosecutor that shows that the 11790
child has not been enrolled in school within * * * ten (10) 11791
calendar days after the first day of the school year of the public 11792
school which the child is eligible to attend, or that the child 11793
has accumulated * * * eight (8) unlawful absences during the 11794
school year at the public school in which the child has been 11795
enrolled, shall establish a prima facie case that the child's 11796
parent, guardian or custodian is responsible for the absences and 11797
has refused or willfully failed to perform the duties imposed upon 11798
him or her under this section. However, no proceedings under this 11799
section shall be brought against a parent, guardian or custodian 11800
of a compulsory-school-age child unless the * * * student success 11801
and graduation coach has contacted promptly the home of the child 11802
and has provided written notice to the parent, guardian or 11803
custodian of the requirement for the child's enrollment or 11804
attendance. 11805
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(6) If a compulsory-school-age child has not been enrolled 11806
in a school * * * by the close of business on August 15 of the 11807
school year of the school which the child is eligible to attend or 11808
the child has accumulated five (5) unlawful absences during the 11809
school year of the public school in which the child is enrolled, 11810
the school district superintendent, or his or her designee, shall 11811
report, within two (2) school days * * * to the student success 11812
and graduation coach. The State Department of Education shall 11813
prescribe a uniform method for schools to utilize in reporting the 11814
unlawful absences to the * * * student success and graduation 11815
coach. The superintendent, or his or her designee, also shall 11816
report any student suspensions or student expulsions to the * * * 11817
student success and graduation coach when they occur. 11818
(7) When a * * * student success and graduation coach has 11819
made all attempts to secure enrollment and/or attendance of a 11820
compulsory-school-age child and is unable to effect the enrollment 11821
and/or attendance, the * * * student success and graduation coach 11822
may file a petition with the youth court under Section 11823
43-21-451 * * *. The youth court intake officer appointed by the 11824
Administrative Office of Courts will utilize evidence-based 11825
screening tools to determine whether diversion is appropriate. 11826
After eight (8) unlawful absences or failure to engage with an 11827
attendance plan, the student success and graduation coach shall 11828
file a petition in youth court under Section 43-21-451. Sheriffs, 11829
deputy sheriffs and municipal law enforcement officers shall be 11830
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fully authorized to investigate all cases of nonattendance and 11831
unlawful absences by compulsory-school-age children, and shall be 11832
authorized to file a petition with the youth court under Section 11833
43-21-451 * * *. The youth court shall expedite a hearing to make 11834
an appropriate adjudication and a disposition to ensure compliance 11835
with the Compulsory School Attendance Law, and may order the child 11836
to enroll or re-enroll in school. The superintendent of the 11837
school district to which the child is ordered may assign, in his 11838
or her discretion, the child to the alternative school program of 11839
the school established pursuant to Section 37-13-92. 11840
(8) The State Board of Education shall adopt rules and 11841
regulations for the purpose of reprimanding any school 11842
superintendents who fail to timely report unexcused absences under 11843
the provisions of this section. 11844
(9) Notwithstanding any provision or implication herein to 11845
the contrary, it is not the intention of this section to impair 11846
the primary right and the obligation of the parent or parents, or 11847
person or persons in loco parentis to a child, to choose the 11848
proper education and training for such child, and nothing in this 11849
section shall ever be construed to grant, by implication or 11850
otherwise, to the State of Mississippi, any of its officers, 11851
agencies or subdivisions any right or authority to control, 11852
manage, supervise or make any suggestion as to the control, 11853
management or supervision of any private or parochial school or 11854
institution for the education or training of children, of any kind 11855
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whatsoever that is not a public school according to the laws of 11856
this state; and this section shall never be construed so as to 11857
grant, by implication or otherwise, any right or authority to any 11858
state agency or other entity to control, manage, supervise, 11859
provide for or affect the operation, management, program, 11860
curriculum, admissions policy or discipline of any such school or 11861
home instruction program. 11862
SECTION 134. Section 37-13-92, Mississippi Code of 1972, is 11863
amended as follows: 11864
37-13-92. (1) Beginning with the school year 2004-2005, the 11865
school boards of all school districts shall establish, maintain 11866
and operate, in connection with the regular programs of the school 11867
district, an alternative school program or behavior modification 11868
program as defined by the State Board of Education for, but not 11869
limited to, the following categories of compulsory-school-age 11870
students: 11871
(a) Any compulsory-school-age child who has been 11872
suspended for more than ten (10) days or expelled from school, 11873
except for any student expelled for possession of a weapon or 11874
other felonious conduct; 11875
(b) Any compulsory-school-age child referred to such 11876
alternative school based upon a documented need for placement in 11877
the alternative school program by the parent, legal guardian or 11878
custodian of such child due to disciplinary problems; 11879
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(c) Any compulsory-school-age child referred to such 11880
alternative school program by the dispositive order of a 11881
chancellor or youth court judge * * *; 11882
(d) Any compulsory-school-age child whose presence in 11883
the classroom, in the determination of the school superintendent 11884
or principal, is a disruption to the educational environment of 11885
the school or a detriment to the interest and welfare of the 11886
students and teachers of such class as a whole; and 11887
(e) No school district is required to place a child 11888
returning from out-of-home placement in the mental health, 11889
juvenile justice or foster care system in alternative school. 11890
Placement of a child in the alternative school shall be done 11891
consistently, and for students identified under the Individuals 11892
with Disabilities Education Act (IDEA), shall adhere to the 11893
requirements of the Individuals with Disabilities Education 11894
Improvement Act of 2004. If a school district chooses to place a 11895
child in alternative school the district will make an individual 11896
assessment and evaluation of that child in the following time 11897
periods: 11898
(i) Five (5) days for a child transitioning from a 11899
group home, mental health care system, and/or the custody of the 11900
Department of Human Services, Division of Youth and Family 11901
Services; 11902
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(ii) Ten (10) days for a child transitioning from 11903
a dispositional placement order by a youth court pursuant to 11904
Section 43-21-605; and 11905
(iii) An individualized assessment for youth 11906
transitioning from out-of-home placement to the alternative school 11907
shall include: 11908
1. A strength needs assessment. 11909
2. A determination of the child's academic 11910
strengths and deficiencies. 11911
3. A proposed plan for transitioning the 11912
child to a regular education placement at the earliest possible 11913
date. 11914
(2) The principal or program administrator of any such 11915
alternative school program shall require verification from the 11916
appropriate guidance counselor of any such child referred to the 11917
alternative school program regarding the suitability of such child 11918
for attendance at the alternative school program. Before a 11919
student may be removed to an alternative school education program, 11920
the superintendent of the student's school district must determine 11921
that the written and distributed disciplinary policy of the local 11922
district is being followed. The policy shall include standards 11923
for: 11924
(a) The removal of a student to an alternative 11925
education program that will include a process of educational 11926
review to develop the student's individual instruction plan and 11927
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the evaluation at regular intervals of the student's educational 11928
progress; the process shall include classroom teachers and/or 11929
other appropriate professional personnel, as defined in the 11930
district policy, to ensure a continuing educational program for 11931
the removed student; 11932
(b) The duration of alternative placement; and 11933
(c) The notification of parents or guardians, and their 11934
appropriate inclusion in the removal and evaluation process, as 11935
defined in the district policy. Nothing in this paragraph should 11936
be defined in a manner to circumvent the principal's or the 11937
superintendent's authority to remove a student to alternative 11938
education. 11939
(3) The local school board or the superintendent shall 11940
provide for the continuing education of a student who has been 11941
removed to an alternative school program. 11942
(4) A school district, in its discretion, may provide a 11943
program of High School Equivalency Diploma preparatory instruction 11944
in the alternative school program. However, any High School 11945
Equivalency Diploma preparation program offered in an alternative 11946
school program must be administered in compliance with the rules 11947
and regulations established for such programs under Sections 11948
37-35-1 through 37-35-11 and by the Mississippi Community College 11949
Board. The school district may administer the High School 11950
Equivalency Diploma Testing Program under the policies and 11951
guidelines of the Testing Service of the American Council on 11952
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Education in the alternative school program or may authorize the 11953
test to be administered through the community/junior college 11954
district in which the alternative school is situated. 11955
(5) Any such alternative school program operated under the 11956
authority of this section shall meet all appropriate accreditation 11957
requirements of the State Department of Education. 11958
(6) The alternative school program may be held within such 11959
school district or may be operated by two (2) or more adjacent 11960
school districts, pursuant to a contract approved by the State 11961
Board of Education. When two (2) or more school districts 11962
contract to operate an alternative school program, the school 11963
board of a district designated to be the lead district shall serve 11964
as the governing board of the alternative school program. 11965
Transportation for students attending the alternative school 11966
program shall be the responsibility of the local school district. 11967
The expense of establishing, maintaining and operating such 11968
alternative school program may be paid from funds contributed or 11969
otherwise made available to the school district for such purpose 11970
or from local district maintenance funds. 11971
(7) The State Board of Education shall promulgate minimum 11972
guidelines for alternative school programs. The guidelines shall 11973
require, at a minimum, the formulation of an individual 11974
instruction plan for each student referred to the alternative 11975
school program and, upon a determination that it is in a student's 11976
best interest for that student to receive High School Equivalency 11977
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Diploma preparatory instruction, that the local school board 11978
assign the student to a High School Equivalency Diploma 11979
preparatory program established under subsection (4) of this 11980
section. The minimum guidelines for alternative school programs 11981
shall also require the following components: 11982
(a) Clear guidelines and procedures for placement of 11983
students into alternative education programs which at a minimum 11984
shall prescribe due process procedures for disciplinary and High 11985
School Equivalency Diploma placement; 11986
(b) Clear and consistent goals for students and 11987
parents; 11988
(c) Curricula addressing cultural and learning style 11989
differences; 11990
(d) Direct supervision of all activities on a closed 11991
campus; 11992
(e) Attendance requirements that allow for educational 11993
and workforce development opportunities; 11994
(f) Selection of program from options provided by the 11995
local school district, Division of Youth Services or the youth 11996
court, including transfer to a community-based alternative school; 11997
(g) Continual monitoring and evaluation and formalized 11998
passage from one (1) step or program to another; 11999
(h) A motivated and culturally diverse staff; 12000
(i) Counseling for parents and students; 12001
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(j) Administrative and community support for the 12002
program; and 12003
(k) Clear procedures for annual alternative school 12004
program review and evaluation. 12005
(8) On request of a school district, the State Department of 12006
Education shall provide the district informational material on 12007
developing an alternative school program that takes into 12008
consideration size, wealth and existing facilities in determining 12009
a program best suited to a district. 12010
(9) Any compulsory-school-age child who becomes involved in 12011
any criminal or violent behavior shall be removed from such 12012
alternative school program and, if probable cause exists, a case 12013
shall be referred to the youth court. 12014
(10) The State Board of Education shall promulgate 12015
guidelines for alternative school programs which provide broad 12016
authority to school boards of local school districts to establish 12017
alternative education programs to meet the specific needs of the 12018
school district. 12019
(11) Each school district having an alternative school 12020
program shall submit a report by July 31 of each calendar year to 12021
the State Department of Education describing the results of its 12022
annual alternative school program review and evaluation undertaken 12023
pursuant to subsection (7)(k). The report shall include a 12024
detailed account of any actions taken by the school district 12025
during the previous year to comply with substantive guidelines 12026
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promulgated by the State Board of Education under subsection 12027
(7)(a) through (j). In the report to be implemented under this 12028
section, the State Department of Education shall prescribe the 12029
appropriate measures on school districts that fail to file the 12030
annual report. The report should be made available online via the 12031
department's website to ensure transparency, accountability and 12032
efficiency. 12033
SECTION 135. Section 37-13-107, Mississippi Code of 1972, is 12034
amended as follows: 12035
37-13-107. (1) Every * * * student success and graduation 12036
coach shall be required annually to attend and complete a 12037
comprehensive course of training and education which is provided 12038
or approved by the Office of * * * Educational Participation of 12039
the State Department of Education. Attendance shall be required 12040
beginning with the first training seminar conducted after 12041
the * * * student success and graduation coach is employed as 12042
a * * * student success and graduation coach. 12043
(2) The Office of * * * Educational Participation shall 12044
provide or approve a course of training and education for * * * 12045
student success and graduation coaches of the state. The course 12046
shall consist of at least twelve (12) hours of training per year. 12047
The content of the course of training and when and where it is to 12048
be conducted shall be approved by the office. A certificate of 12049
completion shall be furnished by the State Department of Education 12050
to those * * * student success and graduation coaches who complete 12051
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the course. Each certificate shall be made a permanent record of 12052
the * * * student success and graduation regional coordinator's 12053
office where the * * * student success and graduation coach is 12054
employed. 12055
(3) Upon the failure of any person employed as a * * * 12056
student success and graduation coach to receive the certificate of 12057
completion from the State Department of Education within the first 12058
year of his or her employment, the person shall not be allowed to 12059
carry out any of the duties of * * * student success and 12060
graduation coach and shall not be entitled to compensation for the 12061
period of time during which the certificate has not been obtained. 12062
SECTION 136. (1) There is established within the State 12063
Department of Education the District Improvement and Teacher 12064
Stabilization Supplement Program for the express purpose of 12065
providing targeted, supplemental and nonrecurring financial 12066
assistance to public school districts that have been identified as 12067
academically underperforming, and that demonstrate either 12068
measurable improvement in student outcomes or a documented 12069
inability to adequately staff instructional positions critical to 12070
the delivery of educational services as defined by the department 12071
as a critical teacher shortage area. 12072
(2) The Legislature finds that strategic, 12073
performance-conditioned financial support is necessary to 12074
strengthen instructional capacity, accelerate academic recovery 12075
and reinforce accountability in districts experiencing persistent 12076
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challenges. The establishment of this program is intended to 12077
further the commitment of the Legislature to maintain a uniform, 12078
efficient and adequate system of public schools while preserving 12079
legislative discretion over the appropriation and use of public 12080
funds. 12081
SECTION 137. (1) Eligibility for participation in the 12082
District Improvement and Teacher Stabilization Supplement Program 12083
shall be limited to public school districts that received an 12084
accountability rating of "D" or "F" in the immediately preceding 12085
academic year, as determined by the State Department of Education. 12086
In addition to such rating, an eligible district must demonstrate 12087
qualification under at least one (1) of the eligibility pathways 12088
set forth in this section. A district may qualify by evidencing 12089
measurable academic improvement, by demonstrating a critical 12090
shortage of instructional personnel, or by satisfying the criteria 12091
of both pathways, provided that all documentation is submitted in 12092
the manner and form prescribed by the State Department of 12093
Education. 12094
(2) A district qualifying through demonstrated academic 12095
improvement shall be required to show verifiable progress in not 12096
fewer than two (2) of the following indicators when compared to 12097
the prior academic year: 12098
(a) An increase of not less than three percent (3%) in 12099
the district's overall accountability score; 12100
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(b) An increase of not less than five percent (5%) in 12101
student proficiency in English Language Arts or Mathematics; 12102
(c) A reduction of not less than five percent (5%) in 12103
the district's chronic absenteeism rate; or 12104
(d) For districts operating high schools, an increase 12105
of not less than three percent (3%) in the graduation rate. 12106
All such measures shall be calculated using methodologies 12107
adopted by the State Department of Education for statewide 12108
accountability purposes. 12109
(3) A district qualifying through a critical teacher 12110
shortage shall be required to document that, at the beginning of 12111
the academic year: 12112
(i) The district experienced a teacher vacancy 12113
rate exceeding ten percent (10%) of its total authorized 12114
instructional positions; or 12115
(ii) The district maintained persistent vacancies 12116
in high-need instructional areas, including, but not limited to, 12117
mathematics, science, special education, foreign language 12118
instruction or career and technical education. 12119
(b) The department shall establish uniform reporting 12120
standards to verify vacancy data and subject-area need. 12121
(4) (a) Funds appropriated for the program shall be 12122
distributed by the State Department of Education on a proportional 12123
basis designed to reflect both demonstrated academic improvement 12124
and the severity of instructional staffing shortages as follows: 12125
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(i) No more than sixty percent (60%) of the total 12126
funds appropriated for the program, in any fiscal year, may be 12127
allocated on the basis of academic improvement metrics; and 12128
(ii) No more than forty percent (40%) may be 12129
allocated on the basis of documented critical teacher shortages. 12130
(b) In determining proportional allocations, the 12131
department shall consider district enrollment, the magnitude of 12132
improvement achieved, the severity and duration of staffing 12133
vacancies and other factors necessary to ensure equitable 12134
distribution. 12135
(c) In no event shall any single school district 12136
receive more than fifteen percent (15%) of the total funds 12137
available under the program in any fiscal year. 12138
(5) (a) Funds awarded under the program shall be used 12139
solely for purposes directly related to improving instructional 12140
quality, stabilizing the teaching workforce and supporting 12141
academic recovery. Allowable uses include: 12142
(i) Recruitment and retention supplements for 12143
licensed instructional personnel; 12144
(ii) One-time performance incentives linked to 12145
verified improvement benchmarks; 12146
(iii) Structured mentoring; 12147
(iv) Induction and residency programs for 12148
teachers; and 12149
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(v) Targeted instructional supports that are 12150
demonstrably aligned with improving student achievement. 12151
(b) Program funds shall not be used to pay recurring 12152
administrative salaries, finance capital construction or 12153
improvements or debt service obligations. 12154
(6) As a condition of receiving program funds, each 12155
participating school district shall submit to the State Department 12156
of Education a detailed improvement and expenditure plan 12157
describing the intended use of funds, the specific outcomes to be 12158
achieved and the benchmarks by which progress will be measured. 12159
The department shall approve each plan prior to the release of 12160
funds and shall monitor implementation through periodic reporting, 12161
fiscal review and programmatic evaluation. Any district that 12162
fails to comply with approved plans, misuses program funds or 12163
fails to demonstrate continued progress toward stated benchmarks 12164
may be subject to corrective action, including the reduction, 12165
suspension or recapture of funds. 12166
(7) The department shall compile and submit an annual report 12167
to the Legislature detailing the administration of the program. 12168
The report shall include a summary of fund allocations, 12169
district-level performance outcomes, staffing improvements 12170
achieved, identified challenges and any recommendations for 12171
statutory or administrative changes necessary to improve program 12172
effectiveness. 12173
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(8) Funds appropriated for the District Improvement and 12174
Teacher Stabilization Supplement Program shall not exceed Eighteen 12175
Million Dollars ($18,000,000.00) for any fiscal year at the 12176
discretion of the Legislature. All funds provided under this 12177
section shall be nonrecurring, discretionary and expressly 12178
contingent upon compliance with the provisions of this section. 12179
Nothing herein shall be construed to create an entitlement, 12180
guarantee future appropriations or impose a continuing financial 12181
obligation upon the state. 12182
(9) This section shall stand repealed from and after July 1, 12183
2029. 12184
SECTION 138. Section 37-9-39, Mississippi Code of 1972, is 12185
amended as follows: 12186
37-9-39. (1) All school districts shall process a single 12187
monthly or a bimonthly payroll for employees, in the discretion of 12188
the local school board, consistent with the provisions of 12189
Section * * * 37-151-103(1). Salaries or wages shall be paid at a 12190
minimum on a monthly basis. The standard contract for school 12191
district employees prescribed by the State Board of Education 12192
shall provide that school district employees shall earn a salary 12193
payable in equal monthly or bimonthly installments beginning in 12194
the first month of employment, regardless of the number of days 12195
worked in any particular month by the employee. Any employee 12196
failing to complete the contractual obligation of service, and who 12197
receives payment in excess of the installment for the period which 12198
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such employee ceases employment with the school district, shall 12199
become liable immediately to the school board of the employing 12200
district for the sum of all amounts received in payment less the 12201
corresponding amount of any compensation paid for which service 12202
has been rendered, plus interest accruing at the current Stafford 12203
Loan rate at the time the person discontinues his or her service. 12204
(2) Any school employee whose employment ends during a 12205
school term, regardless of the reason(s) the employment ended, 12206
shall be paid salary or wages only for that portion of the school 12207
term that employee actually worked. Nothing in this subsection 12208
(2) shall be construed to entitle any employee to payment of 12209
salary or wages when no work has been performed. 12210
SECTION 139. This act shall take effect and be in force from 12211
and after July 1, 2026. 12212