HB513 - Conference Report

SECTION 1. The following sums, or so much of those sums as may be necessary, are appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of funding K-12 and other related educational activities, including certain agencies and programs, in the State of Mississippi, for the fiscal year beginning July 1, 2008, and ending June 30, 2009, as follows:

(a) To the State Board of Education for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division............. $ 98,383,732.00.

(b) To the State Board of Education for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of Education......

......................................... $ 90,924,037.00.

(c) To the State Board of Education for the purpose of paying annual compensation to the Chickasaw Cession counties for sixteenth section lands which they lost through sale by the state, as provided in Section 29-3-137 through 29-3-141, Mississippi Code of 1972.......... $ 12,088,983.00.

(d) To the State Board of Education for defraying the expenses of the Mississippi Adequate Education Program...

......................................... $ 1,997,204,130.00.

(e) To the State Board of Education for the purpose of defraying the expenses of the Mississippi School for the Blind and the Mississippi School for the Deaf............... $ 12,066,206.00.

TOTAL AMOUNT OF STATE GENERAL FUNDS APPROPRIATED

BY THIS SECTION BEING............... $ 2,210,667,088.00.

SECTION 2. The following sums, or so much of those sums as may be necessary, are appropriated out of any money in any special fund in the State Treasury to the credit of the proper fund or funds of the agencies or programs specified in the following paragraphs for the fiscal year beginning July 1, 2008, and ending June 30, 2009, as follows:

(a) To the State Board of Education for the purpose of defraying the expenses of the State Department of Education, excluding the expenses of the Vocational and Technical Education Division............. $ 887,802,798.00.

(b) To the State Board of Education for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of Education......

......................................... $ 23,879,957.00.

(c) To the State Board of Education for the purpose of defraying the expenses of the Mississippi Adequate Education Program........................ $ 239,029,232.00.

(d) To the State Board of Education for the purpose of defraying the expenses of the Mississippi School for the Blind and the Mississippi School for the Deaf............... $ 716,073.00.

TOTAL AMOUNT OF SPECIAL FUNDS APPROPRIATED

BY THIS SECTION BEING............... $ 1,151,428,060.00.

SECTION 3. Of the funds appropriated in Section 2, One Hundred Twenty-six Thousand Four Hundred Seventy-two Dollars ($126,472.00), or so much of that sum as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Health Care Expendable Fund to the State Department of Education for the purpose of defraying the expenses of the department for the Mississippi Eye Screening Program for providing vision safety services.

SECTION 4. Of the funds appropriated in Section 2, the following sums, or so much of those sums as may be necessary, are derived out of any money in the State Treasury to the credit of the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, as follows:

(a) To the State Department of Education, excluding the expenses of the Vocational and Technical Education Division, for the following purposes:

Grants to school districts for capital

facilities and buses..........$ 16,000,000.00.

Instructional materials............$ 7,000,000.00.

Implementing Performance Based Data

Collection and Accreditation

Model.........................$ 274,937.00.

World Class Teacher Program........$ 125,000.00.

Testing............................$ 226,413.00.

Education Technology Council.......$ 94,082.00.

TOTAL..............................$ 23,720,432.00.

(b) To the State Department of Education to defray the expenses of the Vocational and Technical Education Division.....................................................

............................................. $ 7,863,746.00.

............................................. $169,029,232.00.

SECTION 5. Of the funds appropriated in this act, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure for the State Department of Education, excluding the expenses of the Vocational and Technical Education Division:

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits............... $ 32,713,762.00

Travel and Subsistence............ 2,064,173.00

Contractual Services................... 42,814,511.00

Commodities............................ 6,898,494.00

Capital Outlay:

Other Than Equipment.............. 1,519,500.00

Equipment......................... 2,003,522.00

Vehicles.......................... 55,000.00

Wireless Communication Devices.... 5,000.00

Subsidies, Loans and Grants............ 898,112,568.00

Total............................ $ 986,186,530.00

FUNDING:

General Funds......................... $ 98,383,732.00

Special Funds.......................... 887,802,798.00

Total............................ $ 986,186,530.00

AUTHORIZED POSITIONS:

Permanent: Full Time............ 478

Part Time............ 3

Time-Limited: Full Time............ 91

Part Time............ 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2010 do not exceed Fiscal Year 2009 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2009 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2009 appropriations for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2009 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

SECTION 6. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided in this act shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the State Department of Education, excluding the expenses of the Vocational and Technical Education Division. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY2009

Performance Measures Target

Special Education

Approved Funding for Children ($ in millions) 100.80

Teacher Units Approved for Funding (Units) 4,672

Child Nutrition

Number of Meals Required (Millions) 122

Cost per Meal ($) 2.40

MS School For Math & Science

Students Enrolled (Persons) 270

Cost per Student ($) 17,000.00

Educational Accountability

Performance Accreditation Visits (Visits) 60

Tests Administered (Persons) 545,679

Compliance & Performance Reviews (Actions) 50

Educ Training & Development

Administrators Trained (Persons) 1,000

Administrators Trained (%) 35

Technical Assistance to School Districts (%) 95

Compensatory Education

Title I Projects Awarded (Programs) 152

Average Expenditure per Child ($) 612

Review & Approve Delinquent Prgs (Programs) 6

Community & Outreach Services

Requested Available Federal Funding (%) 100

MS School Attendance Officers

Resolutions to Referrals (%) 93

School Visits (Number of) 25,000

MS Teacher Center

Teachers Recruited in Shortage Areas (Number) 1,900

A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2010.

SECTION 7. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided in this act shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the Mississippi Adequate Education Program. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY2009

Performance Measures Target

Basic Program

Percentage of students scoring basic and

above on the MS Curriculum Test in grades 2-8

in reading, language and math (%) 93.7

Percentage of students achieving the passing

score on the History Test (%) 96.6

Percentage of students achieving the passing

score on the Biology test (%) 94.8

Percentage of students achieving the passing

score on the Algebra test (%) 94.6

Provide 100% Funding of the Base Student Cost 100

SECTION 8. Of the funds appropriated in Section 2, Forty-six Million Dollars ($46,000,000.00) shall be derived from the School Ad Valorem Reduction Fund.

No school district shall expend any funds, received under the School Ad Valorem Reduction Grant, unless such school district has specifically identified the amount of the grant within the published budget as required by Section 37-61-9, Mississippi Code of 1972. The published budget shall include the following statement: "Ad Valorem taxes will be $________ less as a result of the Ad Valorem Reduction Grants enacted by the Mississippi Legislature in 1992."

SECTION 9. Of the funds appropriated in Section 2, Two Million One Hundred Thousand Dollars ($2,100,000.00) shall be derived from the Technology in Classroom Fund 3203 for the purpose of defraying the expenses of the State Department of Education, excluding the expenses of the Vocational and Technical Education Division.

SECTION 10. Of the funds appropriated in Section 2, funds in the amount of One Million Dollars ($1,000,000.00) shall come from income derived from the principal of the Education Improvement Trust Fund created by Section 206A, Mississippi Constitution of 1890, and One Million Dollars ($1,000,000.00) shall be used for the School for Math and Science.

SECTION 11. Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits for the Vocational and Technical Education Division of the State Department of Education

........................................... $ 3,288,636.00

FUNDING:

General Funds......................... $ 90,924,037.00

Special Funds.......................... 23,879,957.00

Total............................ $ 114,803,994.00

AUTHORIZED POSITIONS:

Permanent: Full Time............ 59

Part Time............ 0

Time-Limited: Full Time............ 3

Part Time............ 0

SECTION 12. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided in this act shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the Vocational and Technical Education Division of the State Department of Education. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY2009

Performance Measures Target

Secondary Programs

Increase in Students Served (%) 1.00

LEAs Served (Sites) 144

Post-secondary Programs

Short-Term Students Served (Persons) 2,800

Short-Term Adult Program Classes (Classes) 225

Short-Term Cost per Student ($) 65.00

SECTION 13. Of the funds appropriated in this act, an amount not to exceed Two Hundred Twenty-nine Thousand Six Hundred Eighty-four Dollars ($229,684.00) is authorized for the support of vocational and technical education programs as authorized in Section 37-31-13, Mississippi Code of 1972, for a period in excess of ten (10) months in a calendar year.

SECTION 14. It is the intention of the Legislature that the Vocational and Technical Education Division of the State Department of Education shall, with the funds appropriated in Section 1, transfer no more than One Hundred Thousand Dollars ($100,000.00) to the Mississippi Soil and Water Conservation Commission for the purpose of providing matching funds to purchase soil conservation equipment.

SECTION 15. Of the funds appropriated in this act, no more than One Hundred Thirty-five Thousand Dollars ($135,000.00) is provided for the purpose of supporting the Future Farmers of America Center.

SECTION 16. Of the funds provided in Section 1 for the purpose of providing financial assistance for the education of exceptional children as determined under Section 37-23-63, Mississippi Code of 1972, children who are certified by the designated authority as requiring inpatient care in a private intermediate care facility for the mentally retarded or psychiatric residential treatment facility, with Medicaid reimbursement, shall be eligible and entitled to receive state financial assistance under the provisions of Section 37-23-69, for the full term of such treatment. The State Department of Education shall submit a report to the Legislature with the projected cost per child and the total cost of the program no

later than January 30, 2009.

SECTION 17. It is the intention of the Legislature that the State Department of Education shall have the authority to accept, budget and expend any source funds not to exceed Thirty Million Dollars ($30,000,000.00), that become available to the department to carry out the provisions of those funds in a manner consistent with the rules and regulations of the Department of Finance and Administration.

SECTION 18. The State Department of Education shall transfer the designated amounts to the appropriate entities, which shall assume full responsibility for the expenditure of these funds in accordance with state laws and accept all responsibility for any improper expenditure, for the following: World Class Teacher Programs, USM Special Education Program, Soil and Water Conservation Commission, Mississippi School Boards Association, Mississippi Eye Screening Program-Vision Research Corporation and Very Special Arts, Arts Institute, Jobs for Mississippi Graduates, and Mississippi Symphony, University of Southern Mississippi Safe Schools Program, Mississippi State University Center for Education Design, Writing and Thinking Institute, Greater Columbus Early Learning Center and Mississippi Council for Economic Education.

SECTION 19. Of the funds appropriated in Section 1, Two Hundred Thirty-five Thousand Dollars ($235,000.00) is provided for the Writing and Thinking Institute, Seventy Thousand Dollars ($70,000.00) is provided for the Very Special Arts Program and One Hundred Thousand Dollars ($100,000.00) is provided for the Mississippi Council for Economic Education.

SECTION 20. Of the funds appropriated in this act, an amount not to exceed One Million Three Hundred Thousand Dollars ($1,300,000.00) shall be used for technological methods for agricultural programs from the Vocational and Technical Education Division of the State Department of Education.

SECTION 21. Of the funds appropriated in Section 1, the sum of Sixty-two Thousand One Hundred Ninety-one Dollars ($62,191.00), which is the aggregate sum that the school districts in the Chickasaw Cession receive annually from interest payments from the Chickasaw School Fund under Section 212, Mississippi Constitution of 1890, shall be deducted from the allocations to the school districts as provided in Section 29-3-137, Mississippi Code of 1972, and shall be distributed among the school districts in the Chickasaw Cession by the State Department of Education in the manner that those interest payments were distributed during Fiscal Year 1985.

SECTION 22. Of the funds provided in this act for the purpose of funding the Mississippi Adequate Education Program as determined under Section 37-151-7, Mississippi Code of 1972, the base student cost in Fiscal Year 2009 shall be Four Thousand Six Hundred Seventy-five Dollars ($4,675.00).

SECTION 23. Of the funds appropriated in this act, an amount not more than Fifty Million Dollars ($50,000,000.00) shall be derived from the Interim School District Capital Expenditure Fund for the benefit of the school districts as authorized in Section 37-151-7(5), Mississippi Code of 1972.

SECTION 24. Of the funds appropriated under the provisions of this act, not more than the following amount shall be expended for Salaries, Wages and Fringe Benefits for the Mississippi School for the Blind and the Mississippi School for the Deaf..........................................

........................................... $ 10,058,632.00

FUNDING:

General Funds......................... $ 12,066,206.00

Special Funds.......................... 716,073.00

Total............................ $ 12,782,279.00

AUTHORIZED POSITIONS:

Permanent: Full Time............ 194

Part Time............ 30

Time-Limited: Full Time............ 1

Part Time............ 0

Of the funds appropriated in Section 1 and Section 2 for the Mississippi School for the Blind and the Mississippi School for the Deaf, not more than One Hundred Forty-five Thousand Dollars ($145,000.00) shall be expended for vehicle purchases.

SECTION 25. With the funds provided in this act, it is the intention of the Legislature that School Attendance Officers and academic teachers at the Mississippi School for the Deaf and the Mississippi School for the Blind shall receive their annual increment.

SECTION 26. It is the intention of the Legislature that the State Board of Education shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated in this act and that those records shall be in the same format and level of details as maintained for Fiscal Year 2008. It is further the intention of the Legislature that the budget requests for Fiscal Year 2010 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2009 budget request process for each agency and institution appropriated funds within the provisions of this act.

SECTION 27. Of the funds appropriated in Section 1 and reappropriated in Section 28 to the State Board of Education, not less than Twenty Million Five Hundred Forty-six Thousand One Hundred Eighty-four Dollars ($20,546,184.00) shall be used for National Board Certification.

SECTION 28. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State General Fund not otherwise appropriated, to the State Board of Education for defraying the expenses of the Mississippi Adequate Education Program and the expenses of the State Department of Education, excluding the expenses of the Vocational and Technical Division, for the fiscal year beginning July 1, 2008, and ending June 30, 2009............ $ 28,000,000.00.

SECTION 29. Of the funds appropriated in Section 1 and reappropriated in Section 28, not less than Thirteen Million Two Hundred Thousand Dollars ($13,200,000.00) shall be used for the Educable Child Program.

SECTION 30. It is the intention of the Legislature that at least Twenty-one Million Dollars ($21,000,000.00) be expended for textbooks as defined in Section 37-43-1, Mississippi Code of 1972.

No funds shall be expended under authority of this act unless the Mississippi Department of Education surveys each school district to determine the dollar amount and description of its textbook purchases. A report of such findings shall be provided to the Chairmen of the House and Senate Education Committees no later than December 31, 2008.

SECTION 31. The public school districts of the state are authorized at their discretion to pay with local funds one hundred percent (100%) of the cost of the health insurance premiums of the State and School Employees Health Insurance Plan for all retired members of the Public Employees' Retirement System who are employed as school bus drivers by the school districts. It is the intention of the Legislature that no state funds shall be used for this purpose.

SECTION 32. Of the funds appropriated for Fiscal Year 2009 for the Educable Child Program, the Mississippi Department of Education is authorized to pay the remaining balance up to Two Million Dollars ($2,000,000.00) for fiscal year 2008 claims.

SECTION 33. Of the funds appropriated for Orthopedic and Aphasic, Three Hundred Thousand Dollars ($300,000.00) shall be for the Dubard School at the University of Southern Mississippi.

SECTION 34. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in those received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

SECTION 35. Of the funds appropriated in Section 1, not less than Seven Million Three Hundred Nine Thousand Three Hundred Eighty-six Dollars ($7,309,386.00) shall be used for the Compulsory School Attendance Office and School Attendance Officers.

SECTION 36. Of the funds appropriated in Section 1(a), One Hundred Thousand Dollars ($100,000.00) is provided for the Principal Corp.

SECTION 37. Of the funds appropriated in Section 1(a), Three Hundred Thousand Dollars ($300,000.00) is provided for the Magnolia Speech School.

SECTION 38. Of the funds appropriated in Section 1, it is the intention of the Legislature that Three Million Four Hundred Nine Thousand Three Hundred Thirty-five Dollars ($3,409,335.00) shall be used for a mentoring program.

SECTION 39. Of the funds appropriated in Section 1, it is the intention of the Legislature that One Million Five Hundred Thousand Dollars ($1,500,000.00) shall be used for the development of screening instruments and professional development for dyslexia and other related disorders.

SECTION 40. Of the funds appropriated in this act, it is the intention of the Legislature that Three Million Three Hundred Thousand Dollars ($3,300,000.00) shall be used for the Mary Kirkpatrick-Mary Sprayberry Public School Nurse Program. The amount of Three Million Three Hundred Thousand Dollars ($3,300,000.00) shall be transferred from the Department of Health.

SECTION 41. The State Department of Education shall contract with a Certified Public Accountant to calculate components of the Mississippi Adequate Education Program to include the base student cost, school district allocations, total program cost, add-on programs, and any other required components of Section 37-151-7, Mississippi Code of 1972. The contractor shall be responsible for calculating the estimates of these components due to the Legislative Budget Office and the Governor by August 1 and the final estimates due to the Legislative Budget Office and the Governor no later than January 2. A report detailing the funding of this contract shall be submitted by the State Department of Education to the Legislature no later than January 30, 2009.

SECTION 42. Any school district receiving funds for the Save the Children Program, Learning Through Sports or Kids College shall provide a thirty percent (30%) match from local funds for implementation of the program.

SECTION 43. Of the funds appropriated in this act, it is the intention of the Legislature that Twenty Million Dollars ($20,000,000.00) from the Public School Building Fund shall be used for the Mississippi Adequate Education Program.

SECTION 44. It is the intention of the Legislature that the State Board of Education shall charge a fee for room and board for students who enroll in the Mississippi School for Mathematics and Science and the Mississippi School of Arts. Such fees will be waived for any student enrolled in the State Childrens' Health Insurance Program. The amount of such fees shall be Five Hundred Dollars ($500.00) for each semester.

SECTION 45. The money appropriated in this act shall be paid by the State Treasurer out of any money in the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

SECTION 46. This act shall take effect and be in force from and after July 1, 2008.


X (SIGNED)	X (SIGNED)
Johnny W. Stringer	Alan Nunnelee

X (SIGNED)	X (SIGNED)
Cecil Brown	Videt Carmichael

X (SIGNED)	X (SIGNED)
Rufus Straughter	Bennie L. Turner