MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Education

By: Representative Harrison

House Bill 1087

AN ACT TO AMEND SECTION 37-9-23, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SCHOOL DISTRICT SUPERINTENDENTS TO ENTER INTO EMPLOYMENT CONTRACTS WITH ASSISTANT TEACHERS; TO AMEND SECTIONS 37-9-14, 37-9-17, 37-9-33, 37-9-41, 37-9-43, 37-9-55 AND 37-9-57, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISION; TO AMEND SECTIONS 37-9-103 AND 37-9-105, MISSISSIPPI CODE OF 1972, TO INCLUDE ASSISTANT TEACHERS IN THE DEFINITION OF THE TERM "EMPLOYEE" AS USED TO DEFINE EMPLOYMENT POSITIONS COVERED BY THE EDUCATION EMPLOYMENT PROCEDURES LAW OF 2001; TO BRING FORWARD SECTION 37-21-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE EMPLOYMENT OF ASSISTANT TEACHERS IN THE LOCAL SCHOOL DISTRICTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-9-23, Mississippi Code of 1972, is amended as follows:

     37-9-23.  The superintendent shall enter into a contract with each assistant superintendent, principal, licensed employee, assistant teacher and person anticipating graduation from an approved teacher education program or the issuance of a proper license before October 15 or February 15, as the case may be, who is elected and approved for employment by the school board.  The contracts shall be in a form * * * prescribed by the State Board of Education and shall be executed in duplicate with one (1) copy to be retained by the appropriate superintendent and one (1) copy to be retained by the principal, licensed employee, assistant teacher or person recommended for a licensed position contracted with.  The contract shall show the name of the district, the length of the school term, the position held (whether an assistant superintendent, principal, licensed employee or assistant teacher), the scholastic years which it covers, the total amount of the annual salary and how the salary is payable.  The amount of salary to be shown in the contract shall be the amount which shall have been fixed and determined by the school board, but, as to the licensed employees and assistant teachers paid in whole or in part with adequate education program funds, the salary shall not be less than that required under state law.  The contract entered into with any person recommended for a licensed position who is anticipating either graduation from an approved teacher education program before September 1 or December 31, as the case may be, or the issuance of a proper license before October 15 or February 15, as the case may be, shall be a conditional contract and shall include a provision stating that the contract will be null and void if, as specified in the contract, the contingency upon which the contract is conditioned has not occurred.  If any superintendent, other than those elected, principal, licensed employee, assistant teacher or person recommended for a licensed position who has been elected and approved shall not execute and return the contract within ten (10) days after the contract has been tendered to him for execution, then, at the option of the school board, the election of the licensed employee and the contract tendered to him shall be void and of no effect.

     SECTION 2.  Section 37-9-14, Mississippi Code of 1972, is amended as follows:

     37-9-14.  (1)  It shall be the duty of the superintendent of schools to administer the schools within his district and to implement the decisions of the school board.

     (2)  In addition to all other powers, authority and duties imposed or granted by law, the superintendent of schools shall have the following powers, authority and duties:

          (a)  To enter into contracts in the manner provided by law with each assistant superintendent, principal, teacher and assistant teacher of the public schools under his supervision, after the assistant superintendent, principal, teachers and assistant teachers have been selected and approved in the manner provided by law.

          (b)  To enforce in the public schools of the school district the courses of study provided by law or the rules and regulations of the State Board of Education, and to comply with the law with reference to the use and distribution of free textbooks.

          (c)  To administer oaths in all cases to persons testifying before him relative to disputes relating to the schools submitted to him for determination, and to take testimony in those cases as provided by law.

          (d)  To examine the monthly and annual reports submitted to him by principals and teachers for the purpose of determining and verifying the accuracy of the reports.

          (e)  To preserve all reports of superintendents, principals, teachers and other school officers, and to deliver to his successor or clerk of the board of supervisors all money, property, books, effects and papers.

          (f)  To prepare and keep in his office a map or maps showing the territory embraced in his school district, to furnish the county assessor with a copy of the map or maps, and to revise and correct the map or maps from time to time as changes in or alterations of school districts may necessitate.

          (g)  To keep an accurate record of the names of all of the members of the school board showing the districts for which each was elected or appointed, the post office address of each, and the date of the expiration of his term of office.  All official correspondence shall be addressed to the school board, and notice to the members shall be regarded as notice to the residents of the district, and it shall be the duty of the members to notify the residents.

          (h)  To deliver in proper time to the assistant superintendents, principals, teachers and board members those forms, records and other supplies which will be needed during the school year as provided by law or any applicable rules and regulations, and to give to those individuals any information with regard to their duties that may be required.

          (i)  To make to the school board reports for each scholastic month in the form * * * the school board may require.

          (j)  To distribute promptly all reports, letters, forms, circulars and instructions which he may receive for the use of school officials.

          (k)  To keep on file and preserve in his office all appropriate information concerning the affairs of the school district.

          (l)  To visit the schools of his school district in his discretion, and to require the assistant superintendents, principals and teachers in the schools to perform their duties as prescribed by law.

          (m)  To observe any instructions and regulations that the school board and other public officials may prescribe, and to make special reports to these officers whenever required.

          (n)  To keep his office open for the transaction of business upon the days and during the hours to be designated by the school board.

          (o)  To make those reports that are required by the State Board of Education.

          (p)  To make an enumeration of educable children in his school district as prescribed by law.

          (q)  To keep in his office and carefully preserve the public school record provided, to enter into the record the proceedings of the school board and his decision upon cases and his other official acts, to record in the record the data required from the monthly and term reports of principals and teachers, and from the summaries of records thus kept.

          (r)  To delegate student disciplinary matters to appropriate school personnel. 

          (s)  To make assignments to the various schools in the district of all noninstructional and nonlicensed employees and all licensed employees, as provided in Sections 37-9-15 and 37-9-17, and to make reassignments of those employees from time to time; however, a reassignment of a licensed employee may only be to an area in which the employee has a valid license issued by the State Department of Education.  Upon request from any employee transferred, the assignment shall be subject to review by the school board.

          (t)  To employ substitutes for licensed employees, regardless of whether or not a substitute holds the proper license, subject to any reasonable rules and regulations that may be adopted by the State Board of Education.

          (u)  To comply in a timely manner with the compulsory education reporting requirements prescribed in Section 37-13-91(6).

          (v)  To perform any other duties that may be required of him by law.

          (w)  To notify, in writing, the parent, guardian or custodian, the youth court and local law enforcement of any expulsion of a student for criminal activity, as defined in Section 37-11-92.

          (x)  To notify the youth court and local law enforcement agencies, by affidavit, of the occurrence of any crime committed by a student or students upon school property or during any school-related activity, regardless of location and the identity of the student or students committing the crime.

          (y)  To employ and dismiss noninstructional and nonlicensed employees as provided by law.

     (3)  All funds to the credit of a school district shall be paid out on pay certificates issued by the superintendent upon order of the school board of the school district properly entered upon the minutes of the school board, and these orders shall be supported by properly itemized invoices from the vendors covering the materials and supplies purchased.  The orders and the itemized invoices supporting those orders shall be filed as a public record in the office of the superintendent for a period of five (5) years.  The superintendent shall be liable upon his official bond for the amount of any pay certificate issued in violation of  * * * this section.  The school board shall have the power and authority to direct and cause warrants to be issued against school district funds for the purpose of refunding any amount of taxes erroneously or illegally paid into the fund when a refund has been approved in the manner provided by law.

     (4)  The superintendent of schools shall be special accounting officer and treasurer with respect to any and all district school funds for his school district.  He or his designee shall issue all warrants without the necessity of registration thereof by the chancery clerk.  Transactions with the depositories and with the various tax collecting agencies which involve school funds for the school district shall be with the superintendent of schools, or his designee.

     (5)  The superintendent of schools will have no responsibility with regard to agricultural high school and community and junior college funds.

     All agricultural high school and community and junior college funds shall be handled and expended in the manner provided for in Sections 37-29-31 through 37-29-39.

     (6)  It shall be the duty of the superintendent of schools to keep and preserve the minutes of the proceedings of the school board.

     (7)  The superintendent of schools shall maintain as a record in his office a book or a computer printout in which he shall enter all demands, claims and accounts paid from any funds of the school district.  The record shall be in a form to be prescribed by the State Auditor.  All demands, claims and accounts filed shall be preserved by the superintendent of schools as a public record for a period of five (5) years.  All claims found by the school board to be illegal shall be rejected or disallowed.  To the extent allowed by board policy, all claims which are found to be legal and proper may be paid and then ratified by the school board at the next regularly scheduled board meeting, as paid by the superintendent of schools.  All claims as to which a continuance is requested by the claimant and those found to be defective but which may be perfected by amendment shall be continued.  The superintendent of schools shall issue a pay certificate against any legal and proper fund of the school district in favor of the claimant in payment of claims.  The provisions of this section, however, shall not be applicable to the payment of salaries and applicable benefits,travel advances, amounts due private contractors or other obligations where the amount thereof has been previously approved by a contract or by an order of the school board entered upon its minutes, or paid by board policy, or by inclusion in the current fiscal year budget, and those amounts may be paid by the superintendent of schools by pay certificates issued by him against the legal and proper fund without allowance of a specific claim therefor as provided in this section, provided that the payment thereof is otherwise in conformity with law.

     SECTION 3.  Section 37-9-17, Mississippi Code of 1972, is amended as follows:

     37-9-17.  (1)  On or before April 1 of each year, the principal of each school shall recommend to the superintendent of the local school district the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year.  If the recommendations meet with the approval of the superintendent, the superintendent shall recommend the employment of the licensed employees or noninstructional employees to the local school board, and, unless good reason to the contrary exists, the board shall elect the employees so recommended.  If, for any reason, the local school board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the superintendent and then by the superintendent to the local school board as provided above.  The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the superintendent licensed employees or noninstructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.  Any noninstructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the local school district must have been employed by the local school district at the time the superintendent was elected or appointed to office; a noninstructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such noninstructional position with comparable experience, as established by the State Department of Education.  The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or noninstructional employees and to transmit approved recommendations to the local school board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.

     When the licensed employees and assistant teachers have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with those persons in the manner provided in this chapter.

     If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in that individual's contract, the individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from those funds the amount to which the higher grade license would have entitled the individual, had the license been held at the time the contract was executed.

     (2)  Superintendents or directors of schools under the purview of the State Board of Education, the superintendent of the local school district and any private firm under contract with the local public school district to provide substitute teachers to teach during the absence of a regularly employed schoolteacher shall require, through the appropriate governmental authority, that current criminal records background checks and current child abuse registry checks are obtained, and that the criminal record information and registry checks are on file for any new hires applying for employment as a licensed or nonlicensed employee at a school and not previously employed in that school under the purview of the State Board of Education or at the local school district prior to July 1, 2000.  In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted.  If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check.  The fee for the fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the State Board of Education, the school board of the local school district or a private firm under contract with a local school district to provide substitute teachers to teach during the temporary absence of the regularly employed schoolteacher, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant.  Under no circumstances shall a member of the State Board of Education, superintendent or director of schools under the purview of the State Board of Education, local school district superintendent, local school board member or any individual other than the subject of the criminal history record checks disseminate information received through any * * * checks except insofar as required to fulfill the purposes of this section.  Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the procedures provided for in this subsection and shall be responsible for the same fee charged in the case of local public schools of this state.  The determination whether the applicant has a disqualifying crime, as set forth in subsection (3) of this section, shall be made by the appropriate governmental authority, and the appropriate governmental authority shall notify the private firmwhether a disqualifying crime exists.

     (3)  If the fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire shall not be eligible to be employed at the school.  Any employment contract for a new hire executed by the superintendent of the local school district or any employment of a new hire by a superintendent or director of a new school under the purview of the State Board of Education or by a private firm shall be voidable if the new hire receives a disqualifying criminal record check.  However, the State Board of Education or the school board may, in its discretion, allow any applicant aggrieved by the employment decision under this section to appear before the respective board, or before a hearing officer designated for that purpose, to show mitigating circumstances which may exist and allow the new hire to be employed at the school.  The State Board of Education or local school board may grant waivers for the mitigating circumstances, which shall include, but not be limited to:  (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the children at the school.

     (4)  No local school district, local school district employee, member of the State Board of Education or employee of a school under the purview of the State Board of Education shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this Section 37-9-17.

     SECTION 4.  Section 37-9-33, Mississippi Code of 1972, is amended as follows:

     37-9-33.  In employing and contracting with appointed superintendents, principals, licensed employees and assistant teachers, the school board shall in all cases determine whether the amount of salary to be paid to the superintendent, principals, licensed employees and assistant teachers is in compliance with the provisions of the adequate education program.  No contract shall be entered into where the salary of a superintendent, principal, licensed employee or assistant teacher is to be paid in whole or in part from adequate education program funds except where the requirements of state statutes as to the amount of the salary are fully met.  Nothing in this section shall be construed, however, to prohibit any school district from increasing the salaries of appointed superintendents, principals, licensed employees and assistant teachers above the amounts fixed by statute, provided that the amount of the increase is paid from funds available to that district other than adequate program funds.

     SECTION 5.  Section 37-9-41, Mississippi Code of 1972, is amended as follows:

     37-9-41.  The salaries of superintendents, principals, licensed employees and assistant teachers shall be paid by pay certificates issued by the school district superintendent.  The pay certificates may be issued without additional authorization of the school board where the amount of salary has been fixed and a contract entered into as is provided in this chapter.  All pay certificates shall be preserved by him as a part of the official records of his office for the same time and in the same manner as other records are preserved.  Except as is * * * provided in this section, the * * * warrants shall be governed in all respects by the same laws regulating the issuance of other warrants for other purposes.  All pay certificates and warrants issued shall show the gross amount of the salary and all authorized deductions from the gross amount for income taxes, social security, retirement contributions and other lawful purposes.

     SECTION 6.  Section 37-9-43, Mississippi Code of 1972, is amended as follows:

     37-9-43.  It shall be unlawful for any appointed superintendent, principal, licensed employee or assistant teacher to be paid for any services in that position until a written contract has been executed as is provided and required by this chapter.  If any school district superintendent shall make any unlawful payment prior to the execution of the contract, he shall be civilly liable for the amount of that payment, and, in addition, shall be liable upon his bond.  If any assistant teacher, licensed employee, appointed superintendent or principal shall willfully and without just cause breach his contract and abandon his employment, he shall not be entitled to any further salary payments either for services rendered before that breach or for services which were * * * to have been rendered after the breach.  Nothing in this section, however, shall prevent the employment and payment of substitute teachers without a written contract.

     SECTION 7.  Section 37-9-55, Mississippi Code of 1972, is amended as follows:

     37-9-55.  Any appointed superintendent, principal, licensed employee or assistant teacher in any public school who is under contract to teach or perform other duties and who desires to be released from his contract shall make application in writing to the school board of the school district for release from the contract, in which application the reasons for the desired release shall be clearly stated.  If the board acts favorably upon the application for release, the superintendent, principal, licensed employee or assistant teacher shall be released from his contract, and the contract shall be null and void on the date specified in the school board's order.

     SECTION 8.  Section 37-9-57, Mississippi Code of 1972, is amended as follows:

     37-9-57.  If any appointed superintendent, principal, licensed employee or assistant teacher in any public school of this state shall arbitrarily or willfully breach his or her contract and abandon his or her employment without being released from the contract as provided in Section 37-9-55, the contract of that superintendent, principal, licensed employee or assistant teacher shall be null and void.  In addition, the license of the superintendent, principal or licensed employee may be suspended by the State Board of Education for a period of one (1) school year, as provided in Section 37-3-2(8), upon written recommendation of the majority of the members of the school board of the school district involved.

     SECTION 9.  Section 37-9-103, Mississippi Code of 1972, is amended as follows:

     37-9-103.  As used in Sections 37-9-101 through 37-9-113, the word "employee" shall include:

          (a)  Any teacher, principal, superintendentor other professional personnel employed by the local school district for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; * * *

          (b)  Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment; or

          (c)  Any assistant teacher who has been employed for a continuous period of two (2) years with a local school district or for a continuous period of two (2) years in a Mississippi public school district, with one (1) full year of employment being with the school district of current employment.

     For purposes of Sections 37-9-101 through 37-9-113, the term "days" means calendar days.

     SECTION 10.  Section 37-9-105, Mississippi Code of 1972, is amended as follows:

     37-9-105.  If a recommendation is made by the school district not to offer an employee a renewal contract for a successive year, written notice of the proposed nonreemployment stating the reasons for the proposed nonreemployment shall be given no later than the following:

          (a)  If the employee is a principal, the superintendent, without further board action, shall give notice of nonreemployment on or before March 1; or

          (b)  If the employee is a teacher, assistant teacher, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of nonreemployment on or before April 15, or within ten (10) days after the date that the Governor approves the appropriation bill(s) comprising the state's education budget for funding K-12, whichever date is later.     An interim conservator appointed pursuant to Section 37-17-6(14)(a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to Section 37-9-18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of principals, teachers, assistant teachers, administrators or other professional educators.

     SECTION 11.  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 licensed teacher.

     (2)  (a)  Except as otherwise authorized under subsection (7), 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 licensed 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 licensed teacher to whom that assistant teacher has been assigned.

     (3)  Assistant teachers shall have, at a minimum, a high school diploma or a GED equivalent, 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 or Adequate Education Program, each school district shall be allotted sufficient funding for the purpose of employingassistant teachers.  No assistant teacher shall be paid less than the amount he or she received in the prior school year.  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.

     For the 2005-2006 school year and school years thereafter, the minimum salary for assistant teachers shall be Twelve Thousand Dollars ($12,000.00).

     In addition, for each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds five percent (5%) in fiscal year2006, as certified by the Legislative Budget Office to the State Board of Education and subject to the specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale in the appropriate year to provide an additional one percent (1%) across the board increase in the base salaries for assistant teachers.  The State Board of Education shall revise the salaries prescribed above for assistant teachers to conform to any adjustments made in prior fiscal years due to revenue growth over and above five percent (5%).  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, any school district may use the allotment provided under subsection (6) of this section for the purpose of employing licensed teachers for kindergarten, first-, second- and third-grade classes; however, no school district shall be authorized to use the allotment for assistant teachers for the purpose of employing licensed teachers unless the district has established that the employment of licensed teachers using such funds will reduce the teacher:student ratio in the kindergarten, first-, second- and third-grade classes.  All state 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 theassistant teacher allotment to employ licensed teachers.  School districts may rely only upon normal attrition to reduce the number of assistant teachers employed in that district.

          (b)  Districts meeting Level 4 or 5 accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (4) of this section.

     SECTION 12.  This act shall take effect and be in force from and after July 1, 2007.