Schools; require musical instructors in at least one elementary school in each school district.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 160

AN ACT TO REQUIRE EACH PUBLIC SCHOOL DISTRICT TO EMPLOY AT 1
LEAST ONE VOCAL MUSIC INSTRUCTOR AND ONE INSTRUMENTAL MUSIC 2
INSTRUCTOR TO PROVIDE MUSIC INSTRUCTION AT THE ELEMENTARY SCHOOL 3
LEVEL; TO PROVIDE FOR THE ROTATION OF SUCH INSTRUCTOR BETWEEN 4
ELEMENTARY SCHOOL SITES AND ESTABLISH THE MINIMUM INSTRUCTION TIME 5
REQUIRED TO BE PROVIDED EACH WEEK TO ELEMENTARY STUDENTS; TO AMEND 6
SECTION 37-7-301, MISSISSIPPI CODE OF 1972, TO REVISE THE POWER OF 7
LOCAL SCHOOL BOARDS IN CONFORMITY TO THE PRECEDING PROVISION; AND 8
FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Each local public school district in the state 11
shall employ at least one (1) vocal and one (1) instrumental music 12
instructional personnel to provide music instruction at the 13
elementary education level for the school district. The local 14
superintendent of schools shall determine which elementary school 15
within the district, if the district has more than one (1), will 16
serve as the primary classroom location for the music instructors. 17
However, if the district is unable to employ sufficient music 18
instructors for each elementary school under its jurisdiction, the 19
instructors shall rotate between elementary school sites to 20
provide at least forty (40) minutes in music each calendar week of 21
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the school year or an equivalent amount of time in each school 22
year, which such instruction shall be based on the state music 23
frameworks. 24
SECTION 2. Section 37-7-301, Mississippi Code of 1972, is 25
amended as follows: 26
37-7-301. The school boards of all school districts shall 27
have the following powers, authority and duties in addition to all 28
others imposed or granted by law, to wit: 29
(a) To organize and operate the schools of the district 30
and to make such division between the high school grades and 31
elementary grades as, in their judgment, will serve the best 32
interests of the school; 33
(b) To introduce public school music, art, manual 34
training and other special subjects into either the elementary or 35
high school grades, as the board shall deem proper, provided that 36
the minimum standards for music instruction at the elementary 37
school level comply with the provisions of Section 1 of this act; 38
(c) To be the custodians of real and personal school 39
property and to manage, control and care for same, both during the 40
school term and during vacation; 41
(d) To have responsibility for the erection, repairing 42
and equipping of school facilities and the making of necessary 43
school improvements; 44
(e) To suspend or to expel a pupil or to change the 45
placement of a pupil to the school district's alternative school 46
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or homebound program for misconduct in the school or on school 47
property, as defined in Section 37-11-29, on the road to and from 48
school, or at any school-related activity or event, or for conduct 49
occurring on property other than school property or other than at 50
a school-related activity or event when such conduct by a pupil, 51
in the determination of the school superintendent or principal, 52
renders that pupil's presence in the classroom a disruption to the 53
educational environment of the school or a detriment to the best 54
interest and welfare of the pupils and teacher of such class as a 55
whole, and to delegate such authority to the appropriate officials 56
of the school district; 57
(f) To visit schools in the district, in their 58
discretion, in a body for the purpose of determining what can be 59
done for the improvement of the school in a general way; 60
(g) To support, within reasonable limits, the 61
superintendent, principal and teachers where necessary for the 62
proper discipline of the school; 63
(h) To exclude from the schools students with what 64
appears to be infectious or contagious diseases; provided, 65
however, such student may be allowed to return to school upon 66
presenting a certificate from a public health officer, duly 67
licensed physician or nurse practitioner that the student is free 68
from such disease; 69
(i) To require those vaccinations specified by the 70
State Health Officer as provided in Section 41-23-37; 71
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(j) To see that all necessary utilities and services 72
are provided in the schools at all times when same are needed; 73
(k) To authorize the use of the school buildings and 74
grounds for the holding of public meetings and gatherings of the 75
people under such regulations as may be prescribed by said board; 76
(l) To prescribe and enforce rules and regulations not 77
inconsistent with law or with the regulations of the State Board 78
of Education for their own government and for the government of 79
the schools, and to transact their business at regular and special 80
meetings called and held in the manner provided by law; 81
(m) To maintain and operate all of the schools under 82
their control for such length of time during the year as may be 83
required; 84
(n) To enforce in the schools the courses of study and 85
the use of the textbooks prescribed by the proper authorities; 86
(o) To make orders directed to the superintendent of 87
schools for the issuance of pay certificates for lawful purposes 88
on any available funds of the district and to have full control of 89
the receipt, distribution, allotment and disbursement of all funds 90
provided for the support and operation of the schools of such 91
school district whether such funds be derived from state 92
appropriations, local ad valorem tax collections, or otherwise. 93
The local school board shall be authorized and empowered to 94
promulgate rules and regulations that specify the types of claims 95
and set limits of the dollar amount for payment of claims by the 96
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superintendent of schools to be ratified by the board at the next 97
regularly scheduled meeting after payment has been made; 98
(p) To select all school district personnel in the 99
manner provided by law, and to provide for such employee fringe 100
benefit programs, including accident reimbursement plans, as may 101
be deemed necessary and appropriate by the board; 102
(q) To provide athletic programs and other school 103
activities and to regulate the establishment and operation of such 104
programs and activities; 105
(r) To join, in their discretion, any association of 106
school boards and other public school-related organizations, and 107
to pay from local funds other than total funding formula funds, 108
any membership dues; 109
(s) To expend local school activity funds, or other 110
available school district funds, other than total funding formula 111
funds, for the purposes prescribed under this paragraph. 112
"Activity funds" shall mean all funds received by school officials 113
in all school districts paid or collected to participate in any 114
school activity, such activity being part of the school program 115
and partially financed with public funds or supplemented by public 116
funds. The term "activity funds" shall not include any funds 117
raised and/or expended by any organization unless commingled in a 118
bank account with existing activity funds, regardless of whether 119
the funds were raised by school employees or received by school 120
employees during school hours or using school facilities, and 121
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regardless of whether a school employee exercises influence over 122
the expenditure or disposition of such funds. Organizations shall 123
not be required to make any payment to any school for the use of 124
any school facility if, in the discretion of the local school 125
governing board, the organization's function shall be deemed to be 126
beneficial to the official or extracurricular programs of the 127
school. For the purposes of this provision, the term 128
"organization" shall not include any organization subject to the 129
control of the local school governing board. Activity funds may 130
only be expended for any necessary expenses or travel costs, 131
including advances, incurred by students and their chaperons in 132
attending any in-state or out-of-state school-related programs, 133
conventions or seminars and/or any commodities, equipment, travel 134
expenses, purchased services or school supplies which the local 135
school governing board, in its discretion, shall deem beneficial 136
to the official or extracurricular programs of the district, 137
including items which may subsequently become the personal 138
property of individuals, including yearbooks, athletic apparel, 139
book covers and trophies. Activity funds may be used to pay 140
travel expenses of school district personnel. The local school 141
governing board shall be authorized and empowered to promulgate 142
rules and regulations specifically designating for what purposes 143
school activity funds may be expended. The local school governing 144
board shall provide (i) that such school activity funds shall be 145
maintained and expended by the principal of the school generating 146
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the funds in individual bank accounts, or (ii) that such school 147
activity funds shall be maintained and expended by the 148
superintendent of schools in a central depository approved by the 149
board. The local school governing board shall provide that such 150
school activity funds be audited as part of the annual audit 151
required in Section 37-9-18. The State Department of Education 152
shall prescribe a uniform system of accounting and financial 153
reporting for all school activity fund transactions; 154
(t) To enter into an energy performance contract, 155
energy services contract, on a shared-savings, lease or 156
lease-purchase basis, for energy efficiency services and/or 157
equipment as provided for in Section 31-7-14; 158
(u) To maintain accounts and issue pay certificates on 159
school food service bank accounts; 160
(v) (i) To lease a school building from an individual, 161
partnership, nonprofit corporation or a private for-profit 162
corporation for the use of such school district, and to expend 163
funds therefor as may be available from any sources other than 164
total funding formula funds as set by Sections 37-151-200 through 165
37-151-215. The school board of the school district desiring to 166
lease a school building shall declare by resolution that a need 167
exists for a school building and that the school district cannot 168
provide the necessary funds to pay the cost or its proportionate 169
share of the cost of a school building required to meet the 170
present needs. The resolution so adopted by the school board 171
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shall be published once each week for three (3) consecutive weeks 172
in a newspaper having a general circulation in the school district 173
involved, with the first publication thereof to be made not less 174
than thirty (30) days prior to the date upon which the school 175
board is to act on the question of leasing a school building. If 176
no petition requesting an election is filed prior to such meeting 177
as hereinafter provided, then the school board may, by resolution 178
spread upon its minutes, proceed to lease a school building. If 179
at any time prior to said meeting a petition signed by not less 180
than twenty percent (20%) or fifteen hundred (1500), whichever is 181
less, of the qualified electors of the school district involved 182
shall be filed with the school board requesting that an election 183
be called on the question, then the school board shall, not later 184
than the next regular meeting, adopt a resolution calling an 185
election to be held within such school district upon the question 186
of authorizing the school board to lease a school building. Such 187
election shall be called and held, and notice thereof shall be 188
given, in the same manner for elections upon the questions of the 189
issuance of the bonds of school districts, and the results thereof 190
shall be certified to the school board. If at least three-fifths 191
(3/5) of the qualified electors of the school district who voted 192
in such election shall vote in favor of the leasing of a school 193
building, then the school board shall proceed to lease a school 194
building. The term of the lease contract shall not exceed twenty 195
(20) years, and the total cost of such lease shall be either the 196
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amount of the lowest and best bid accepted by the school board 197
after advertisement for bids or an amount not to exceed the 198
current fair market value of the lease as determined by the 199
averaging of at least two (2) appraisals by certified general 200
appraisers licensed by the State of Mississippi. The term "school 201
building" as used in this paragraph (v)(i) shall be construed to 202
mean any building or buildings used for classroom purposes in 203
connection with the operation of schools and shall include the 204
site therefor, necessary support facilities, and the equipment 205
thereof and appurtenances thereto such as heating facilities, 206
water supply, sewage disposal, landscaping, walks, drives and 207
playgrounds. The term "lease" as used in this paragraph (v)(i) 208
may include a lease-purchase contract; 209
(ii) If two (2) or more school districts propose 210
to enter into a lease contract jointly, then joint meetings of the 211
school boards having control may be held but no action taken shall 212
be binding on any such school district unless the question of 213
leasing a school building is approved in each participating school 214
district under the procedure hereinabove set forth in paragraph 215
(v)(i). All of the provisions of paragraph (v)(i) regarding the 216
term and amount of the lease contract shall apply to the school 217
boards of school districts acting jointly. Any lease contract 218
executed by two (2) or more school districts as joint lessees 219
shall set out the amount of the aggregate lease rental to be paid 220
by each, which may be agreed upon, but there shall be no right of 221
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occupancy by any lessee unless the aggregate rental is paid as 222
stipulated in the lease contract. All rights of joint lessees 223
under the lease contract shall be in proportion to the amount of 224
lease rental paid by each; 225
(w) To employ all noninstructional and noncertificated 226
employees and fix the duties and compensation of such personnel 227
deemed necessary pursuant to the recommendation of the 228
superintendent of schools; 229
(x) To employ and fix the duties and compensation of 230
such legal counsel as deemed necessary; 231
(y) Subject to rules and regulations of the State Board 232
of Education, to purchase, own and operate trucks, vans and other 233
motor vehicles, which shall bear the proper identification 234
required by law; 235
(z) To expend funds for the payment of substitute 236
teachers and to adopt reasonable regulations for the employment 237
and compensation of such substitute teachers; 238
(aa) To acquire in its own name by purchase all real 239
property which shall be necessary and desirable in connection with 240
the construction, renovation or improvement of any public school 241
building or structure. Whenever the purchase price for such real 242
property is greater than Fifty Thousand Dollars ($50,000.00), the 243
school board shall not purchase the property for an amount 244
exceeding the fair market value of such property as determined by 245
the average of at least two (2) independent appraisals by 246
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certified general appraisers licensed by the State of Mississippi. 247
If the board shall be unable to agree with the owner of any such 248
real property in connection with any such project, the board shall 249
have the power and authority to acquire any such real property by 250
condemnation proceedings pursuant to Section 11-27-1 et seq., 251
Mississippi Code of 1972, and for such purpose, the right of 252
eminent domain is hereby conferred upon and vested in said board. 253
Provided further, that the local school board is authorized to 254
grant an easement for ingress and egress over sixteenth section 255
land or lieu land in exchange for a similar easement upon 256
adjoining land where the exchange of easements affords substantial 257
benefit to the sixteenth section land; provided, however, the 258
exchange must be based upon values as determined by a competent 259
appraiser, with any differential in value to be adjusted by cash 260
payment. Any easement rights granted over sixteenth section land 261
under such authority shall terminate when the easement ceases to 262
be used for its stated purpose. No sixteenth section or lieu land 263
which is subject to an existing lease shall be burdened by any 264
such easement except by consent of the lessee or unless the school 265
district shall acquire the unexpired leasehold interest affected 266
by the easement; 267
(bb) To charge reasonable fees related to the 268
educational programs of the district, in the manner prescribed in 269
Section 37-7-335; 270
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(cc) Subject to rules and regulations of the State 271
Board of Education, to purchase relocatable classrooms for the use 272
of such school district, in the manner prescribed in Section 273
37-1-13; 274
(dd) Enter into contracts or agreements with other 275
school districts, political subdivisions or governmental entities 276
to carry out one or more of the powers or duties of the school 277
board, or to allow more efficient utilization of limited resources 278
for providing services to the public; 279
(ee) To provide for in-service training for employees 280
of the district; 281
(ff) As part of their duties to prescribe the use of 282
textbooks, to provide that parents and legal guardians shall be 283
responsible for the textbooks and for the compensation to the 284
school district for any books which are not returned to the proper 285
schools upon the withdrawal of their dependent child. If a 286
textbook is lost or not returned by any student who drops out of 287
the public school district, the parent or legal guardian shall 288
also compensate the school district for the fair market value of 289
the textbooks; 290
(gg) To conduct fund-raising activities on behalf of 291
the school district that the local school board, in its 292
discretion, deems appropriate or beneficial to the official or 293
extracurricular programs of the district; provided that: 294
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(i) Any proceeds of the fund-raising activities 295
shall be treated as "activity funds" and shall be accounted for as 296
are other activity funds under this section; and 297
(ii) Fund-raising activities conducted or 298
authorized by the board for the sale of school pictures, the 299
rental of caps and gowns or the sale of graduation invitations for 300
which the school board receives a commission, rebate or fee shall 301
contain a disclosure statement advising that a portion of the 302
proceeds of the sales or rentals shall be contributed to the 303
student activity fund; 304
(hh) To allow individual lessons for music, art and 305
other curriculum-related activities for academic credit or 306
nonacademic credit during school hours and using school equipment 307
and facilities, subject to uniform rules and regulations adopted 308
by the school board; 309
(ii) To charge reasonable fees for participating in an 310
extracurricular activity for academic or nonacademic credit for 311
necessary and required equipment such as safety equipment, band 312
instruments and uniforms; 313
(jj) To conduct or participate in any fund-raising 314
activities on behalf of or in connection with a tax-exempt 315
charitable organization; 316
(kk) To exercise such powers as may be reasonably 317
necessary to carry out the provisions of this section; 318
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(ll) To expend funds for the services of nonprofit arts 319
organizations or other such nonprofit organizations who provide 320
performances or other services for the students of the school 321
district; 322
(mm) To expend federal No Child Left Behind Act funds, 323
or any other available funds that are expressly designated and 324
authorized for that use, to pay training, educational expenses, 325
salary incentives and salary supplements to employees of local 326
school districts; except that incentives shall not be considered 327
part of the local supplement, nor shall incentives be considered 328
part of the local supplement paid to an individual teacher for the 329
purposes of Section 37-19-7(1); 330
(nn) To use any available funds, not appropriated or 331
designated for any other purpose, for reimbursement to the 332
state-licensed employees from both in state and out of state, who 333
enter into a contract for employment in a school district, for the 334
expense of moving when the employment necessitates the relocation 335
of the licensed employee to a different geographical area than 336
that in which the licensed employee resides before entering into 337
the contract. The reimbursement shall not exceed One Thousand 338
Dollars ($1,000.00) for the documented actual expenses incurred in 339
the course of relocating, including the expense of any 340
professional moving company or persons employed to assist with the 341
move, rented moving vehicles or equipment, mileage in the amount 342
authorized for county and municipal employees under Section 343
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25-3-41 if the licensed employee used his personal vehicle or 344
vehicles for the move, meals and such other expenses associated 345
with the relocation. No licensed employee may be reimbursed for 346
moving expenses under this section on more than one (1) occasion 347
by the same school district. Nothing in this section shall be 348
construed to require the actual residence to which the licensed 349
employee relocates to be within the boundaries of the school 350
district that has executed a contract for employment in order for 351
the licensed employee to be eligible for reimbursement for the 352
moving expenses. However, the licensed employee must relocate 353
within the boundaries of the State of Mississippi. Any individual 354
receiving relocation assistance through the Critical Teacher 355
Shortage Act as provided in Section 37-159-5 shall not be eligible 356
to receive additional relocation funds as authorized in this 357
paragraph; 358
(oo) To use any available funds, not appropriated or 359
designated for any other purpose, to reimburse persons who 360
interview for employment as a licensed employee with the district 361
for the mileage and other actual expenses incurred in the course 362
of travel to and from the interview at the rate authorized for 363
county and municipal employees under Section 25-3-41; 364
(pp) Consistent with the report of the Task Force to 365
Conduct a Best Financial Management Practices Review, to improve 366
school district management and use of resources and identify cost 367
savings as established in Section 8 of Chapter 610, Laws of 2002, 368
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local school boards are encouraged to conduct independent reviews 369
of the management and efficiency of schools and school districts. 370
Such management and efficiency reviews shall provide state and 371
local officials and the public with the following: 372
(i) An assessment of a school district's 373
governance and organizational structure; 374
(ii) An assessment of the school district's 375
financial and personnel management; 376
(iii) An assessment of revenue levels and sources; 377
(iv) An assessment of facilities utilization, 378
planning and maintenance; 379
(v) An assessment of food services, transportation 380
and safety/security systems; 381
(vi) An assessment of instructional and 382
administrative technology; 383
(vii) A review of the instructional management and 384
the efficiency and effectiveness of existing instructional 385
programs; and 386
(viii) Recommended methods for increasing 387
efficiency and effectiveness in providing educational services to 388
the public; 389
(qq) To enter into agreements with other local school 390
boards for the establishment of an educational service agency 391
(ESA) to provide for the cooperative needs of the region in which 392
the school district is located, as provided in Section 37-7-345; 393
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(rr) To implement a financial literacy program for 394
students in Grades 10 and 11. The board may review the national 395
programs and obtain free literature from various nationally 396
recognized programs. After review of the different programs, the 397
board may certify a program that is most appropriate for the 398
school districts' needs. If a district implements a financial 399
literacy program, then any student in Grade 10 or 11 may 400
participate in the program. The financial literacy program shall 401
include, but is not limited to, instruction in the same areas of 402
personal business and finance as required under Section 403
37-1-3(2)(b). The school board may coordinate with volunteer 404
teachers from local community organizations, including, but not 405
limited to, the following: United States Department of 406
Agriculture Rural Development, United States Department of Housing 407
and Urban Development, Junior Achievement, bankers and other 408
nonprofit organizations. Nothing in this paragraph shall be 409
construed as to require school boards to implement a financial 410
literacy program; 411
(ss) To collaborate with the State Board of Education, 412
Community Action Agencies or the Department of Human Services to 413
develop and implement a voluntary program to provide services for 414
a prekindergarten program that addresses the cognitive, social, 415
and emotional needs of four-year-old and three-year-old children. 416
The school board may utilize any source of available revenue to 417
fund the voluntary program. Effective with the 2013-2014 school 418
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year, to implement voluntary prekindergarten programs under the 419
Early Learning Collaborative Act of 2013 pursuant to state funds 420
awarded by the State Department of Education on a matching basis; 421
(tt) With respect to any lawful, written obligation of 422
a school district, including, but not limited to, leases 423
(excluding leases of sixteenth section public school trust land), 424
bonds, notes, or other agreement, to agree in writing with the 425
obligee that the Department of Revenue or any state agency, 426
department or commission created under state law may: 427
(i) Withhold all or any part (as agreed by the 428
school board) of any monies which such local school board is 429
entitled to receive from time to time under any law and which is 430
in the possession of the Department of Revenue, or any state 431
agency, department or commission created under state law; and 432
(ii) Pay the same over to any financial 433
institution, trustee or other obligee, as directed in writing by 434
the school board, to satisfy all or part of such obligation of the 435
school district. 436
The school board may make such written agreement to withhold 437
and transfer funds irrevocable for the term of the written 438
obligation and may include in the written agreement any other 439
terms and provisions acceptable to the school board. If the 440
school board files a copy of such written agreement with the 441
Department of Revenue, or any state agency, department or 442
commission created under state law then the Department of Revenue 443
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or any state agency, department or commission created under state 444
law shall immediately make the withholdings provided in such 445
agreement from the amounts due the local school board and shall 446
continue to pay the same over to such financial institution, 447
trustee or obligee for the term of the agreement. 448
This paragraph (tt) shall not grant any extra authority to a 449
school board to issue debt in any amount exceeding statutory 450
limitations on assessed value of taxable property within such 451
school district or the statutory limitations on debt maturities, 452
and shall not grant any extra authority to impose, levy or collect 453
a tax which is not otherwise expressly provided for, and shall not 454
be construed to apply to sixteenth section public school trust 455
land; 456
(uu) With respect to any matter or transaction that is 457
competitively bid by a school district, to accept from any bidder 458
as a good-faith deposit or bid bond or bid surety, the same type 459
of good-faith deposit or bid bond or bid surety that may be 460
accepted by the state or any other political subdivision on 461
similar competitively bid matters or transactions. This paragraph 462
(uu) shall not be construed to apply to sixteenth section public 463
school trust land. The school board may authorize the investment 464
of any school district funds in the same kind and manner of 465
investments, including pooled investments, as any other political 466
subdivision, including community hospitals; 467
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(vv) To utilize the alternate method for the conveyance 468
or exchange of unused school buildings and/or land, reserving a 469
partial or other undivided interest in the property, as 470
specifically authorized and provided in Section 37-7-485; 471
(ww) To delegate, privatize or otherwise enter into a 472
contract with private entities for the operation of any and all 473
functions of nonacademic school process, procedures and operations 474
including, but not limited to, cafeteria workers, janitorial 475
services, transportation, professional development, achievement 476
and instructional consulting services materials and products, 477
purchasing cooperatives, insurance, business manager services, 478
auditing and accounting services, school safety/risk prevention, 479
data processing and student records, and other staff services; 480
however, the authority under this paragraph does not apply to the 481
leasing, management or operation of sixteenth section lands. 482
Local school districts, working through their regional education 483
service agency, are encouraged to enter into buying consortia with 484
other member districts for the purposes of more efficient use of 485
state resources as described in Section 37-7-345; 486
(xx) To partner with entities, organizations and 487
corporations for the purpose of benefiting the school district; 488
(yy) To borrow funds from the Rural Economic 489
Development Authority for the maintenance of school buildings; 490
(zz) To fund and operate voluntary early childhood 491
education programs, defined as programs for children less than 492
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ST: Schools; require musical instructors in at
least one elementary school in each school
district.
five (5) years of age on or before September 1, and to use any 493
source of revenue for such early childhood education programs. 494
Such programs shall not conflict with the Early Learning 495
Collaborative Act of 2013; 496
(aaa) To issue and provide for the use of procurement 497
cards by school board members, superintendents and licensed school 498
personnel consistent with the rules and regulations of the 499
Mississippi Department of Finance and Administration under Section 500
31-7-9; and 501
(bbb) To conduct an annual comprehensive evaluation of 502
the superintendent of schools consistent with the assessment 503
components of paragraph (pp) of this section and the assessment 504
benchmarks established by the Mississippi School Board Association 505
to evaluate the success the superintendent has attained in meeting 506
district goals and objectives, the superintendent's leadership 507
skill and whether or not the superintendent has established 508
appropriate standards for performance, is monitoring success and 509
is using data for improvement. 510
SECTION 3. This act shall take effect and be in force from 511
and after July 1, 2026. 512