Senate Bill 2208

(As Passed the Senate)

AN ACT TO CREATE A TASK FORCE TO CONDUCT A BEST FINANCIAL MANAGEMENT PRACTICES REVIEW OF THE STATE DEPARTMENT OF EDUCATION TO IMPROVE MISSISSIPPI SCHOOL DISTRICT MANAGEMENT AND USE OF RESOURCES AND IDENTIFY COST SAVINGS; TO DIRECT CERTAIN STATE AGENCIES AND LOCAL SCHOOL DISTRICTS TO COOPERATE AND ASSIST WITH THIS REVIEW; TO PROVIDE FOR A REPORT TO THE 2003 REGULAR SESSION OF THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is hereby created a Task Force to Conduct a Best Financial Management Practices Review of the State Department of Education to improve Mississippi school district management and use of resources and identify cost savings. The membership of the Task Force shall include the following nine (9) members: (a) the State Superintendent of Education, who shall serve as Chairman of the Task Force; (b) the Chairman of the Senate Education Committee, the Chairman of the Senate Appropriations Committee and one (1) member of the Senate appointed by the Lieutenant Governor; (c) the Chairman of the House of Representatives Education Committee, the Chairman of the House Appropriations Committee and one (1) member of the House appointed by the Speaker of the House; (d) one (1) local school superintendent appointed by the Lieutenant Governor; and (e) one (1) representative of the business community appointed by the Speaker of the House of Representatives. The Task Force to Conduct a Best Financial Management Practices Review of the State Department of Education study and submit to the Governor and the Legislature for review and adoption proposed revisions to the best financial management practices of the public school system which, at a minimum, shall instill public confidence by addressing the State Department of Education's and the local school districts' use of resources; identifying ways that the department and the local districts could save funds; and improving the department's and the local school districts' performance accountability systems. To achieve these objectives, best practices shall be developed for, but need be limited to, the following areas:

(a) Management structures, including the size of the department;

(b) Performance accountability;

(d) Teacher recruitment, the Mississippi Teacher Center, the Critical Teacher Shortage Act, and employment of recruited teachers by local school districts;

(e) Administrative and instructional technology;

(f) Personnel systems and benefits management;

(g) Facilities construction and maintenance;

(h) Vocational-technical programs;

(i) Teacher certification;

(j) The Mississippi Adequate Education Funding Formula;

(k) The number and size of school districts and schools;

(l) Cost control systems and financial auditing of the department and school districts.

In areas for which the department or local school districts have not adopted the best practices, the Task Force may develop revised practices, with input from a broad range of stakeholders.

(2) The Task Force shall make a report of its findings and recommendations, including necessary legislation, to the Legislature, the Lieutenant Governor and the Governor for implementation in the 2003 Regular Session. The Task Force may recommend continuation of its review until the 2004 Regular Session if it is unable to complete its responsibilities.

(3) The Task Force shall meet on the call of the chairman and shall organize by selecting from its membership a vice chairman who shall also serve as secretary and shall be responsible for keeping all records of the Task Force. A majority of the members of the committee shall constitute a quorum. All members shall be notified in writing of all meetings, such notices to be mailed at least five (5) days prior to the date on which a meeting is to be held.

(4) Legislative members of the Task Force shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session. Nonlegislative members of the Task Force who are not state employees or local school district employees shall be reimbursed for actual necessary expenses in attending called meetings of the Task Force, to be paid from any funds made available for such purpose by the Legislature.

(5) All agencies and divisions of agencies affected by this study and review are hereby directed to cooperate with the Task Force to Conduct a Best Financial Management Practices Review of the State Department of Education, specifically the State Department of Education, the Board of Trustees of State Institutions of Higher Learning, and the State Board for Community and Junior Colleges, in formulating and preparing its recommendations.

(6) The Task Force is empowered to select a consultant or consultants to conduct the study mandated under this section, subject to specific appropriation therefor by the Legislature, and following the applicable regulations of the Personal Service Contract Review Board.

(7) The Task Force is empowered to utilize staff already employed by the agencies and school districts affected by this study and any other assistance made available to it.

(8) Upon presentation of its final report, the Task Force shall be dissolved.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.