MISSISSIPPI LEGISLATURE

2009 Regular Session

To: Education

By: Representatives Snowden, Upshaw, Scott, Clark

House Bill 488

(As Sent to Governor)

AN ACT TO CREATE THE MISSISSIPPI AFTER-SCHOOL INITIATIVE TASK FORCE TO DEVELOP A PLAN TO ENSURE QUALITY AFTER-SCHOOL PROGRAMS FOR EVERY SCHOOL-AGE CHILD IN THE STATE OF MISSISSIPPI; TO CREATE A TASK FORCE TO STUDY AND REPORT ON GRADUATION RATES IN UNIVERSITIES AND COLLEGES; TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO REQUIRE A REPORT TO THE LEGISLATURE; AND FOR RELATED PURPOSES.

     WHEREAS, studies about what happens to unsupervised children indicate that when left alone, these children:  have higher absentee rates at school and lower academic test scores; exhibit higher levels of fear, stress, nightmares, loneliness and boredom; are one and seven-tenths (1-7/10) times more likely to use alcohol; and are one and six-tenths (1-6/10) times more likely to smoke cigarettes; and

     WHEREAS, data shows that in several communities throughout the United States, the violent juvenile crime rate soars in the hours immediately after school and that children are most likely to be victims of a violent crime committed by a nonfamily member between 2:00 p.m. and 6:00 p.m.; and

     WHEREAS, research indicates that children who attend high quality after-school programs have better peer relations, emotional adjustment, conflict resolution skills, grades and conduct in school compared to their peers who are not in after-school programs; and

     WHEREAS, children who attend after-school programs spend more time in learning opportunities, academic activities and enrichment activities and spend less time watching television than their peers; and

     WHEREAS, in one (1) study, children who attended an after-school program missed fewer days of school, had better homework completion, better school behavior and higher test scores; and

     WHEREAS, polls show that ninety-two percent (92%) of Americans believe there should be organized activities for children and teens during after-school hours; and

     WHEREAS, polls show that seventy-five percent (75%) of Americans are ready to either pay more taxes or to forego a tax cut to provide children with good early childhood development programs and quality after-school programs; and

     WHEREAS, as working parents can attest, child care concerns continue after children are old enough to go to school:  a parent who is employed full time can be away from home an average of two thousand four hundred (2,400) hours a year, and children spend less than half of that time in school.  If children participate in a quality school-age care program or another organized out-of-school time activity, parents can be assured that their children are safe and supervised; NOW, THEREFORE,

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

     SECTION 1.  (1)  There is created a task force to be known as the "Mississippi After-School Initiative Task Force" to develop a plan to ensure quality after-school programs for every school-age child in the State of Mississippi.  The task force shall make a report of its findings and recommendations, including any recommended legislation, to the Governor and Legislature before December 1, 2009.

     (2)  The members of the task force should represent several diverse disciplines including, but not limited to:  violence prevention; parents; park districts; special need populations; private foundations; civic and cultural organizations; community-based youth service providers; law enforcement; education; local voluntary organizations; faith-based communities; health; research institutions; child and youth advocacy; alcohol, tobacco and substance abuse prevention; and mental health.  The task force shall be composed of the following eleven (11) members:

          (a)  The State Superintendent of Public Education, or his or her designee;

          (b)  The Executive Director of the Mississippi Department of Human Services, or his or her designee;

          (c)  The Executive Officer of the State Department of Health, or his or her designee;

          (d)  The Chairman of the House of Representatives Education Committee, or his or her designee;

          (e)  The Chairman of the Senate Education Committee, or his or her designee; and

          (f)  Two (2) persons from each of the three (3) Supreme Court districts to be appointed by the Governor, one (1) of whom shall be experienced in early childhood development, runs an after-school program and an administrator of Head Start Program, for a total of six (6) members.

     (3)  All members of the task force must be appointed within thirty (30) days after the effective date of this act.  The task force shall hold its first meeting no later than August 15, 2009, on the call of the Governor at a place designated by him.  At that first meeting, the task force shall elect from among its membership a chairman and other officers, if any, determined to be necessary.  A majority of the membership of the task force shall constitute a quorum, and an affirmative vote of a majority of the task force shall be required for all actions taken.  All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

     (4)  The task force shall make an assessment of the after-school services available in this state, including identification of the number of children and youth served in after-school programs and of the various funding programs currently supporting after-school programs.  The task force shall recommend a plan for coordinating after-school services and for achieving the goal of providing after-school services to every school-age child in the State of Mississippi.

     (5)  Members of the task force other than the legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41, and the legislative members of the task force shall receive the compensation authorized for committee meetings when the Legislature is not in session.  Payment of these expenses must be from funds made available specifically for such purpose by the Legislature or from any other public or private source.

     (6)  The State Department of Education and the Mississippi Department of Human Services, acting jointly, shall provide appropriate staff support to assist the task force in carrying out its duties.  Each department shall designate an appropriate employee to act as a point of contact for the provision of staff support to the task force.

     (7)  Upon presentation of its report, the task force shall be dissolved.

     SECTION 2.  (1)  It is the intent of the Legislature and the expectation of each institution of higher learning and community and junior colleges in the state that all students in such institutions receive a quality education and graduate from such institutions.  The Legislature also recognizes that annual performance reports show that a significant number of students underperform and fail to meet their goal of graduation.

     (2)  To assist the Legislature in shaping public policy to improve student outcomes and educational opportunities for all students in such institutions of higher learning, there is established a task force to study and report on the graduation rates in the state institutions of higher learning and junior and community colleges.

     (3)  The task force shall be composed of the following thirteen (13) members:

          (a)  The Chairmen of the House and Senate Universities and Colleges Committees;

          (b)  The Chairmen of the House and Senate Education Committees;

          (c)  The State Superintendent of Public Education or his designee;

          (d)  The Commissioner of Higher Education or his designee;

          (e)  The Director of the State Board for Community and Junior Colleges or his designee;

          (f)  The Chairman of the Board of Trustees of State Institutions of Higher Learning, the State Board for Community and Junior Colleges and the State Board of Education;

          (g)  A representative of the Governor's Office appointed by the Governor;

          (h)  A president of one (1) comprehensive university appointed by the Board of Trustees of State Institutions of Higher Learning; and

          (i)  A president of one (1) historical black university appointed by the Board of Trustees of State Institutions of Higher Learning.

     (4)  Appointments to the task force must be made within thirty (30) days after the effective date of this act.  Within fifteen (15) days after the expiration of the period for making appointments, on a day to be designated by the Commissioner of Higher Education, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman.  The vice chairman also must serve as secretary and be responsible for keeping all records of the task force.  A majority of the membership of the task force shall constitute a quorum.  In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required.  All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

     (5)  The task force may contract for any professional services that it deems necessary to complete its work and shall tour any universities and community or junior colleges as it deems necessary.  The Legislature shall appropriate sufficient funding to the Board of Trustees of State Institutions of Higher Learning for the contractual costs and travel associated with attending meetings and for the on-site visits to universities and community or junior colleges.

     (6)  Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties.  Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the task force may be paid while the Legislature is in session.  Task force members may not incur per diem, travel or other expenses unless previously authorized by vote at a meeting of the task force, which action must be recorded in the official minutes of the meeting.  Nonlegislative members may be paid from any funds made available to the task force for that purpose.

     (7)  The task force shall compile data, study and report on measures that may be taken to improve graduation rates in the universities, community colleges and junior colleges.

     (8)  The Commissioner of Higher Education shall provide appropriate staff to assist the task force with carrying out its duties.  Before December 31, 2009, the task force shall submit to the Legislature and the Governor a written report of its findings and recommendations on measures to improve graduation rates in universities, community colleges and junior colleges.  Upon presentation of its report, the task force shall be dissolved.

     SECTION 3.  This act shall take effect and be in force from and after its passage.