MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Education

By: Representative Ford, Scott (80th)

House Bill 494

(As Sent to Governor)

AN ACT TO REENACT SECTION 37-7-339, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES LOCAL SCHOOL DISTRICTS TO PROVIDE EXTENDED DAY AND EXTENDED SCHOOL YEAR PROGRAMS AND TO ADOPT POLICIES, WITH REGARD TO INSTRUCTION, FOR WHICH THERE IS NO SPECIFIC GENERAL LAW OR AGENCY REGULATION; TO AMEND REENACTED SECTION 37-7-339, MISSISSIPPI CODE OF 1972, TO DELETE THE REPEALER ON THAT SECTION; TO AUTHORIZE SCHOOL BOARDS TO EXPEND FUNDS FROM ANY AVAILABLE SOURCES FOR THE PURPOSE OF DEFRAYING THE COSTS OF STUDENT FIELD TRIPS TO PUBLIC OR PRIVATE NONPROFIT MUSEUMS; TO AUTHORIZE SCHOOL BOARDS TO ENTER INTO CONTRACTS FOR TRAINING OR PROFESSIONAL DEVELOPMENT ACTIVITIES, OR BOTH, FOR DISTRICT EMPLOYEES; TO AMEND SECTION 37-3-4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI SCHOOL BOARDS ASSOCIATION SHALL CONDUCT THE CONTINUING EDUCATION PROGRAMS FOR SCHOOL BOARD MEMBERS, AND TO REQUIRE AN ANNUAL REPORT TO BE PREPARED FOR THE LEGISLATURE DESCRIBING THE TRAINING ACTIVITIES AND INCLUDING AN EVALUATION OF THE TRAINING PROGRAM; TO AMEND SECTION 37-7-306, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI SCHOOL BOARDS ASSOCIATION SHALL PROVIDE THE CONTINUING TRAINING PROGRAMS FOR SCHOOL BOARD MEMBERS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-7-339, Mississippi Code of 1972, is reenacted and amended as follows:

     37-7-339.  (1)  The school board of any local school district, in its discretion, may provide extended day and extended school year programs for kindergarten or compulsory-school-age students, or both, and may expend any funds for these purposes which are available from * * * sources other than the adequate education program.  It is not the intent of the Legislature, in enacting this section, to interfere with the Headstart program.  School boards, in their discretion, may charge participants a reasonable fee for such programs.

     (2)  The school board of any school district may adopt any orders, policies, rules or regulations with respect to instruction within that school district for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any order, policy, rule or regulation of the State Board of Education; those school boards also may alter, modify and repeal any orders, policies, rules or regulations enacted under this subsection.  Any such program pertaining to reading must further the goal that Mississippi students will demonstrate a growing proficiency in reading and will reach or exceed the national average within the next decade.

 * * *

     SECTION 2.  The school board of a local school district may expend funds from any available sources for the purpose of defraying the cost of student field trips to public or private nonprofit museums, including the cost of admission to such museums.

     SECTION 3.  The school board of a local school district may enter into contracts or agreements with persons or entities, public or private, to provide training or professional development activities, or both, for employees of the district.

     SECTION 4.  Section 37-3-4, Mississippi Code of 1972, is amended as follows:

     37-3-4.  (1)  There is established * * * within the State Department of Education, the School Executive Management Institute.  The director shall be appointed by the State Board of Education upon recommendation by the State Superintendent of Public Education.  The State Superintendent of Public Education, with the approval of the State Board of Education, shall assign sufficient staff members from the State Department of Education to the institute.

     (2)  It shall be the purpose and duty of the institute to conduct thorough empirical studies and analyses of the school management needs of the local school districts throughout the state, to make recommendations to the State Board of Education regarding standards and programs of training that aid in the development of administrative and management skills of local school administrators, and to conduct such programs related to these purposes as they are implemented under guidelines established by the State Board of Education.

     (3)  The State Board of Education shall develop and implement through the School Executive Management Institute a program for the development of administrative and management skills of local school administrators under which all local school administrators shall be required to participate.  Subject to the extent of appropriations available for such purpose, the School Executive Management Institute or the Mississippi School Boards Association shall be required to offer courses at least twice a year on the uses of technology to principals, superintendents and other administrative personnel.  These courses shall relate to the application of technology to learning, as well as administrative problems.

     (4)  (a)  The institute shall have an advisory board composed of ten (10) qualified members appointed by the State Board of Education after consultation with the State Superintendent of Public Education.  This advisory board will offer recommendations to the institute on the types of training to be instituted and supported.  The membership of the advisory board shall be composed of the following members, two (2) to be appointed from each congressional district:  three (3) school administrators; one (1) representative of public community/junior colleges within the state; one (1) representative of a school of education in an institution of higher learning within the state; two (2) local school board members; one (1) classroom teacher; and two (2) lay persons.  In making the initial appointments, three (3) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, two (2) members shall be appointed for a term of three (3) years, and two (2) members shall be appointed for a term of four (4) years.  Thereafter, all members shall be appointed for a term of four (4) years.  The advisory board shall meet when called by the director, but in no event fewer than three (3) times per year.  The members of the advisory board shall be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed for actual and necessary expenses as authorized by Section 25-3-41.

          (b)  Board members of the Oxford-Lafayette Business and Industrial Complex shall be paid per diem and reimbursed for expenses and mileage from local funds in accordance with Section 37-6-13.

     (5)  (a)  Basic Education Course.  Subject to the extent of appropriations available for such purpose, the School Executive Management Institute of the State Department of Education shall prepare and conduct a course of training for basic education for the local school board members of this state, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring.  The basic course shall be known as the "School Board Member Training Course" and shall consist of at least twelve (12) hours of training.  The School Executive Management Institute shall issue certificates of completion to those school board members who complete the basic education course.

          (b)  Continuing Education Course.  The Mississippi School Boards Association shall be responsible for preparing and conducting a course of training for continuing education for the local school board members of this state, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring.  The continuing education course shall be known as the "Continuing Education Course for School Board Members" and shall consist of at least six (6) hours of training. * * * 

     The Mississippi School Boards Association shall issue certificates of completion to those school board members who complete the * * * continuing education course.  All costs and expenses for preparing and conducting the continuing education course provided for in this paragraph shall be paid out of any funds which are made available to the Mississippi School Boards Association upon authorization and appropriation by the Legislature to the State Department of Education. * * *

     (6)  The Mississippi School Boards Association shall prepare and submit a report each year to the State Board of Education and to the respective Chairs of the House and Senate Education Committees describing the activities and providing an evaluation of the continuing education programs offered by the association each year.

     (7)  The School Executive Management Institute of the State Department of Education, or the Mississippi School Boards Association with the oversight of the State Board of Education, at least twice a year, shall prepare and conduct required courses of training for continuing education for the elementary and secondary school principals of this state, in order for principals to carry out their duties more effectively and be exposed to new ideas involving school management.  The continuing education course shall be known as the "Continuing Education Course for Principals" and shall consist of at least six (6) hours of training.  The content of the continuing education courses and the time and place such courses are to be conducted shall be determined by the School Executive Management Institute or the Mississippi School Boards Association; however, to the extent practicable, such training sessions shall be held within geographical proximity of local districts in order that travel times and costs shall not be prohibitive. * * * 

     The institute shall issue certificates of completion to those principals who complete such courses.  All costs and expenses for preparing and conducting the basic and continuing education courses provided for in this subsection shall be paid out of any funds which are made available to the institute upon authorization and appropriation by the Legislature.

     (8)  In the event any school district meets Level 4 or 5 accreditation requirements, the State Board of Education, in its discretion, may exempt the school superintendents, principals and other administrators of such school district from the provisions of this section.

     SECTION 5.  Section 37-7-306, Mississippi Code of 1972, is amended as follows:

     37-7-306.  (1)  Every school board member selected after July 1, 2002, shall have a high school diploma or its equivalent.

     (2)  Every school board member selected after July 1, 1993, shall be required to complete a basic course of training and education for local school board members, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring.  Such basic course of training, approved by the State Board of Education, shall be conducted by the School Executive Management Institute of the State Department of Education.  Upon completion of the basic course of training, the School Executive Management Institute shall file a certificate of completion for the school board member with the office of the local school board.  In the event that a board member fails to complete such training within six (6) months of his selection, * * * such board member shall no longer be qualified to serve and shall be removed from office.

     (3)  In addition to meeting the requirements of subsection (2) of this section, after taking office, each school board member shall be required to file annually in the office of the school board a certificate of completion of a course of continuing education conducted by the Mississippi School Boards Association. * * *

     (4)  Every school board member selected after July 1, 2002, shall spend at least one (1) full day in a school in the district they represent, without compensation.

     (5)  Upon the failure of any local school board member to file with the school board the certificate of completion of the basic or continuing course of training as provided in subsection (2) or (3) of this section, the school board member shall be removed from office by the Attorney General.  In the event of a medical or other catastrophic hardship that prevents such school board member from obtaining the required training or filing such certificate, as may be defined by the State Board of Education by rule and regulation, an additional period of three (3) months may be allowed to satisfy the requirements of subsection (2) or (3).

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2002.