MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education; Appropriations

By: Representatives Chaney, McCoy, Frierson, Scott (17th), Morris, Banks, Broomfield, Smith (35th), Walker, Warren, Manning, Livingston

AN ACT TO AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 1972, TO INCREASE THE ANNUAL INCREMENT PAID TO PUBLIC SCHOOL TEACHERS DURING THE FOLLOWING THREE SCHOOL YEARS; TO AMEND SECTION 37-19-21, MISSISSIPPI CODE OF 1972, TO INCREASE THE MINIMUM PROGRAM ALLOTMENT FOR SUPPORTIVE SERVICES; TO BRING FORWARD SECTION 37-21-7, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE MISSISSIPPI ELEMENTARY SCHOOLS ASSISTANT TEACHER PROGRAM; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-19-7, Mississippi Code of 1972, is amended as follows:

37-19-7. (1) The allowance in the minimum education program for teachers' salaries in each county and separate school district shall be determined and paid in accordance with the scale for teachers' salaries as provided in this subsection for the number of teachers employed not in excess of the number of teacher units allotted. For teachers holding the following types of certificates or the equivalent as determined by the State Board of Education, the scale shall be as follows:

1995-1996 School Year

and School Years Thereafter

AAAA.......................................$22,900.00

AAA........................................ 22,050.00

AA......................................... 21,200.00

A.......................................... 20,150.00

The Legislature shall appropriate annually an amount sufficient to fully fund all teachers' salaries in accordance with the provisions of this section. It is the intent of the Legislature that any state funds made available for salaries of certificated personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to certificated personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system. For the purposes of this paragraph, "certificated personnel" means the following employees of public school districts: classroom teachers, superintendents, assistant superintendents, principals, assistant principals, supervisors of programs, librarians, guidance personnel, audiovisual personnel, vocational directors and school psychologists/psychometrists.

All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.

For teachers holding a Class AAAA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Six Hundred Forty-five Dollars ($645.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class AAA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Five Hundred Eighty-five Dollars ($585.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class AA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Five Hundred Twenty Dollars ($520.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class A certificate, the minimum base pay specified in this subsection shall be increased by the sum of Four Hundred Thirty Dollars ($430.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty (20) years of teaching experience.

The level of professional training of each teacher to be used in establishing the salary allotment for the teachers for each year shall be determined by the type of valid teacher's certificate issued to those teachers on or before October 1 of the current school year.

(2) From and after the 1995-1996 school year and beginning with the next school year following the school year in which a teacher meets the standard requirements, any certificated teacher who shall have met the requirements and acquired a Master Teacher certificate from the National Board of Professional Teaching Standards and who is employed by a local school board as a teacher and not as an administrator shall receive a Three Thousand Dollar ($3,000.00) salary supplement in addition to any other compensation to which the teacher may be entitled, and shall be reimbursed for the actual cost of the process of acquiring the Master Teacher certificate; however, if a teacher has attempted to acquire a Master Teacher certificate, only the actual cost of the process that resulted in the award of the Master Teacher certificate may be reimbursed. All such salary supplements and process reimbursement shall be paid directly by the State Department of Education to the local school district and shall be in addition to its minimum education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education. Local school districts shall not reduce the local supplement paid to any teacher receiving such salary supplement, and the teacher shall receive any local supplement to which teachers with similar training and experience are otherwise entitled.

37-19-7. (1) The allowance in the minimum education program for teachers' salaries in each county and separate school district shall be determined and paid in accordance with the scale for teachers' salaries as provided in this subsection for the number of teachers employed not in excess of the number of teacher units allotted. For teachers holding the following types of certificates or the equivalent as determined by the State Board of Education, the scale shall be as follows:

1995-1996 School Year

and School Years Thereafter

AAAA.......................................$22,900.00

AAA........................................ 22,050.00

AA......................................... 21,200.00

A.......................................... 20,150.00

The Legislature shall appropriate annually an amount sufficient to fully fund all teachers' salaries in accordance with the provisions of this section. It is the intent of the Legislature that any state funds made available for salaries of certificated personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to certificated personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system. For the purposes of this paragraph, "certificated personnel" means the following employees of public school districts: classroom teachers, superintendents, assistant superintendents, principals, assistant principals, supervisors of programs, librarians, guidance personnel, audiovisual personnel, vocational directors and school psychologists/psychometrists.

All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.

For teachers holding a Class AAAA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Seven Hundred Ten Dollars ($710.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class AAA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Six Hundred Forty Dollars ($640.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class AA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Five Hundred Sixty-five Dollars ($565.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class A certificate, the minimum base pay specified in this subsection shall be increased by the sum of Four Hundred Sixty-five Dollars ($465.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty (20) years of teaching experience.

The level of professional training of each teacher to be used in establishing the salary allotment for the teachers for each year shall be determined by the type of valid teacher's certificate issued to those teachers on or before October 1 of the current school year.

(2) From and after the 1995-1996 school year and beginning with the next school year following the school year in which a teacher meets the standard requirements, any certificated teacher who shall have met the requirements and acquired a Master Teacher certificate from the National Board of Professional Teaching Standards and who is employed by a local school board as a teacher and not as an administrator shall receive a Three Thousand Dollar ($3,000.00) salary supplement in addition to any other compensation to which the teacher may be entitled, and shall be reimbursed for the actual cost of the process of acquiring the Master Teacher certificate; however, if a teacher has attempted to acquire a Master Teacher certificate, only the actual cost of the process that resulted in the award of the Master Teacher certificate may be reimbursed.  All such salary supplements and process reimbursement shall be paid directly by the State Department of Education to the local school district and shall be in addition to its minimum education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education. Local school districts shall not reduce the local supplement paid to any teacher receiving such salary supplement, and the teacher shall receive any local supplement to which teachers with similar training and experience are otherwise entitled.

37-19-7. (1) The allowance in the minimum education program for teachers' salaries in each county and separate school district shall be determined and paid in accordance with the scale for teachers' salaries as provided in this subsection for the number of teachers employed not in excess of the number of teacher units allotted. For teachers holding the following types of certificates or the equivalent as determined by the State Board of Education, the scale shall be as follows:

1995-1996 School Year

and School Years Thereafter

AAAA.......................................$22,900.00

AAA........................................ 22,050.00

AA......................................... 21,200.00

A.......................................... 20,150.00

The Legislature shall appropriate annually an amount sufficient to fully fund all teachers' salaries in accordance with the provisions of this section. It is the intent of the Legislature that any state funds made available for salaries of certificated personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to certificated personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system. For the purposes of this paragraph, "certificated personnel" means the following employees of public school districts: classroom teachers, superintendents, assistant superintendents, principals, assistant principals, supervisors of programs, librarians, guidance personnel, audiovisual personnel, vocational directors and school psychologists/psychometrists.

All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.

For teachers holding a Class AAAA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Seven Hundred Seventy-five Dollars ($775.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class AAA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Six Hundred Ninety-five Dollars ($695.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class AA certificate, the minimum base pay specified in this subsection shall be increased by the sum of Six Hundred Ten Dollars ($610.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class A certificate, the minimum base pay specified in this subsection shall be increased by the sum of Five Hundred Dollars ($500.00) for each year of teaching experience possessed by the person holding such certificate until such person shall have twenty (20) years of teaching experience.

The level of professional training of each teacher to be used in establishing the salary allotment for the teachers for each year shall be determined by the type of valid teacher's certificate issued to those teachers on or before October 1 of the current school year.

(2) From and after the 1995-1996 school year and beginning with the next school year following the school year in which a teacher meets the standard requirements, any certificated teacher who shall have met the requirements and acquired a Master Teacher certificate from the National Board of Professional Teaching Standards and who is employed by a local school board as a teacher and not as an administrator shall receive a Three Thousand Dollar ($3,000.00) salary supplement in addition to any other compensation to which the teacher may be entitled, and shall be reimbursed for the actual cost of the process of acquiring the Master Teacher certificate; however, if a teacher has attempted to acquire a Master Teacher certificate, only the actual cost of the process that resulted in the award of the Master Teacher certificate may be reimbursed.  All such salary supplements and process reimbursement shall be paid directly by the State Department of Education to the local school district and shall be in addition to its minimum education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education. Local school districts shall not reduce the local supplement paid to any teacher receiving such salary supplement, and the teacher shall receive any local supplement to which teachers with similar training and experience are otherwise entitled.

SECTION 2. Section 37-19-21, Mississippi Code of 1972, is amended as follows:

37-19-21. From and after July 1, 1997, in addition to other funds allowed in this chapter, each school district shall be allotted Four Thousand Two Hundred Ninety-two Dollars ($4,292.00) per teacher unit for use in supportive services.

SECTION 3. Section 37-21-7, Mississippi Code of 1972, is brought forward as follows:

37-21-7.  (1) This section shall be referred to as the "Mississippi Elementary Schools Assistant Teacher Program," the purpose of which shall be to provide an early childhood education program that assists in the instruction of basic skills. The State Board of Education is authorized, empowered and directed to implement a statewide system of assistant teachers in kindergarten classes and in the first, second and third grades. The assistant teacher shall assist pupils in actual instruction under the strict supervision of a certified teacher.

(2) (a) Each school district shall employ the total number of assistant teachers funded under subsection (6) of this section.  The superintendent of each district shall assign the assistant teachers to the kindergarten, first-, second- and third-grade classes in the district in a manner that will promote the maximum efficiency, as determined by the superintendent, in the instruction of skills such as verbal and linguistic skills, logical and mathematical skills, and social skills.

(b) If a certified teacher to whom an assistant teacher has been assigned is required to be absent from the classroom, the assistant teacher may assume responsibility for the classroom in lieu of a substitute teacher. However, no assistant teacher shall assume sole responsibility of the classroom for more than three (3) consecutive school days. Further, in no event shall any assistant teacher be assigned to serve as a substitute teacher for any teacher other than the certified teacher to whom that assistant teacher has been assigned.

(3) Assistant teachers shall have, at a minimum, a high school diploma and shall show demonstratable proficiency in reading and writing skills. The State Department of Education shall develop a testing procedure for assistant teacher applicants to be used in all school districts in the state.

(4) (a) In order to receive funding, each school district shall:

(i) Submit a plan on the implementation of a reading improvement program to the State Department of Education; and

(ii) Develop a plan of educational accountability and assessment of performance, including pretests and posttests, for reading in Grades 1 through 6.

(b) Additionally, each school district shall:

(i)  Provide annually a mandatory preservice orientation session, using an existing in-school service day, for administrators and teachers on the effective use of assistant teachers as part of a team in the classroom setting and on the role of assistant teachers, with emphasis on program goals;

(ii) Hold periodic workshops for administrators and teachers on the effective use and supervision of assistant teachers;

(iii) Provide training annually on specific instructional skills for assistant teachers;

(iv) Annually evaluate their program in accordance with their educational accountability and assessment of performance plan; and

(v) Designate the necessary personnel to supervise and report on their program.

(5) The State Department of Education shall:

(a) Develop and assist in the implementation of a statewide uniform training module, subject to the availability of funds specifically appropriated therefor by the Legislature, which shall be used in all school districts for training administrators, teachers and assistant teachers. The module shall provide for the consolidated training of each assistant teacher and teacher to whom the assistant teacher is assigned, working together as a team, and shall require further periodical training for administrators, teachers and assistant teachers regarding the role of assistant teachers;

(b) Annually evaluate the program on the district and state level. Subject to the availability of funds specifically appropriated therefor by the Legislature, the department shall develop: (i) uniform evaluation reports, to be performed by the principal or assistant principal, to collect data for the annual overall program evaluation conducted by the department; or (ii) a program evaluation model that, at a minimum, addresses process evaluation; and

(c) Promulgate rules, regulations and such other standards deemed necessary to effectuate the purposes of this section. Noncompliance with the provisions of this section and any rules, regulations or standards adopted by the department may result in a violation of compulsory accreditation standards as established by the State Board of Education and Commission on School Accreditation.

(6) In addition to other funds allotted under the Minimum Education Program, each school district shall be allotted Seven Thousand Nine Hundred Ninety Dollars ($7,990.00) per teacher unit as prescribed in Section 37-19-5 for Grades 1, 2 and 3 for the purpose of employing an assistant teacher. Assistant teachers shall be paid a minimum annual salary of Seven Thousand Nine Hundred Ninety Dollars ($7,990.00). However, no assistant teacher shall be paid less than the amount he or she received in the prior school year. In the 1995-1996 school year and school years thereafter, no school district shall receive any funds under this section for any school year during which the aggregate amount of the local contribution to the salaries of assistant teachers by the district shall have been reduced below such amount for the previous year. The assistant teachers shall not be restricted to working only in the grades for which the funds were allotted, but may be assigned to other classes as provided in subsection (2)(a) of this section.

(7) (a) As an alternative to employing assistant teachers, the State Board of Education may authorize any school district meeting Level 3, 4 or 5 accreditation requirements to use the minimum program allotment provided under subsection (6) of this section for the purpose of employing certified teachers for kindergarten, first-, second- and third-grade classes; however, no school district shall be authorized to use the minimum program allotment for assistant teachers for the purpose of employing certified teachers unless the district has established that the employment of certified teachers using such funds will reduce the teacher:student ratio in the kindergarten, first-, second- and third-grade classes. All minimum program funds for assistant teachers shall be applied to reducing teacher:student ratio in Grades K-3.

It is the intent of the Legislature that no school district shall dismiss any assistant teacher for the purpose of using the minimum program assistant teacher allotment to employ certified teachers. School districts may rely only upon normal attrition to reduce the number of assistant teachers employed in that district.

(b) In the event any school district meets Level 4 or 5 accreditation requirements, the State Board of Education, in its discretion, may exempt such school district from any accreditation requirements for the district's early childhood education program or reading improvement program.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.