Adopted

AMENDMENT NO 2 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2604

BY: Representative Brown

     AMEND on line 191 by deleting the word "The" and inserting in lieu thereof the words and figures "Effective with fiscal year 2011, the"

     AMEND FURTHER on line 210 by changing "2009" to "2010"

     AMEND FURTHER on lines 221 and 222 by deleting the words and figures "For fiscal year 2006" and inserting in lieu thereof the words and figures "Effective with fiscal year 2011"

     AMEND FURTHER on line 308 by changing "2299" to "2129"

     AMEND FURTHER by inserting the following new section after line 181 and renumbering the succeeding sections:

     "SECTION    .  (1)  If sufficient funds are not available to fully fund the Mississippi Adequate Education Program (MAEP) for any of the fiscal years 2007, 2008 or 2009, the Legislature shall provide not less than the following amounts to fund the MAEP for those fiscal years:  For fiscal year 2007, the amount shall be not less than $1,973,040,112.00; for fiscal year 2008, the amount shall be not less than $2,037,226,584.00; and for fiscal year 2009, the amount shall be not less than $2,101,413,056.00.  For fiscal year 2010, the Legislature shall provide not less than $2,165,599,528.00 to fund the MAEP.  The minimum amounts required by this section for the MAEP do not include the costs associated with other state mandated costs such as, but not limited to, teacher pay raises, increased costs of insurance and increased costs of employer contributions to the Public Employees' Retirement System, and any such associated costs increases shall be funded separately and in addition to the minimum amounts required by this section.

     (2)  If sufficient funds are not available to fully fund the MAEP for any of the fiscal years 2007, 2008 or 2009, the funds required to be provided to school districts under this section shall be allocated and prorated using average daily attendance (ADA) for months one (1) through nine (9) of the second preceding year or months two (2) and three (3) of the preceding year, whichever is greater, for fiscal year 2007, 2008 or 2009, as the case may be.  For fiscal year 2010, allocation of funds shall be based on months two (2) and three (3) ADA.

     (3)  If sufficient funds are not available to fully fund the MAEP for any of the fiscal years 2007, 2008 or 2009, school districts experiencing at least three (3) consecutive years of growth in ADA shall receive an additional allocation of funds to fund that growth as follows:  For fiscal year 2007, twenty-five percent (25%); for fiscal year 2008, fifty percent (50%); and for fiscal year 2009, seventy-five percent (75%).  For fiscal year 2010, that growth shall be funded at one hundred percent (100%).  The State Department of Education shall determine the percentage change from the prior year of each year of each school district's average of months two (2) and three (3) ADA for the three (3) immediately preceding school years of the year for which funds are being appropriated.  For any school district that experiences a positive growth in the average of months two (2) and three (3) ADA each year of the three (3) years, the average percentage growth over the three-year period shall be multiplied times the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated.  For fiscal year 2007, twenty-five percent (25%); for fiscal year 2008, fifty percent (50%); for fiscal year 2009, seventy-five percent (75%); and for fiscal year 2010, one hundred percent (100%) of the resulting amount shall be added to the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated to arrive at the ADA to be used in determining a school district's MAEP allocation.  The district's ADA shall be computed and currently maintained in accordance with regulations promulgated by the State Board of Education."

     AMEND FURTHER the title by inserting the following after the semicolon on line 21: "TO PROVIDE THAT IF SUFFICIENT FUNDS ARE NOT AVAILABLE TO FULLY FUND THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM FOR ANY OF THE FISCAL YEARS 2007, 2008 OR 2009, THE LEGISLATURE SHALL PROVIDE SPECIFIED MINIMUM AMOUNTS TO FUND THE MAEP FOR THOSE FISCAL YEARS;"