MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Education

By: Representative Gunn

House Bill 1340

AN ACT TO AMEND SECTION 37-43-1, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO SUBMIT A PLAN DESCRIBING THE LEARNING MATERIALS TO BE USED FOR VARIOUS COURSES TO THE STATE DEPARTMENT OF EDUCATION FOR APPROVAL; TO DEFINE THE TERM "LEARNING MATERIALS"; TO AUTHORIZE THE USE OF SUCH LEARNING MATERIALS AFTER THE DEPARTMENT APPROVES A PLAN; TO REQUIRE SCHOOLS TO MAKE COMPARABLE LEARNING MATERIALS AVAILABLE TO STUDENTS AND PARENTS WHEN IT IS NOT POSSIBLE TO PROVIDE THE EXACT MATERIALS OUTSIDE THE CLASSROOM SETTING; TO PROHIBIT THE TEACHING OF COURSES SOLELY USING STUDY GUIDES PROVIDED BY THE STATE DEPARTMENT OF EDUCATION FOR STATEWIDE TEST PREPARATION PURPOSES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-43-1, Mississippi Code of 1972, is amended as follows:

     37-43-1.  (1)  This chapter is intended to furnish a plan for the adoption, purchase, distribution, care and use of free textbooks to be loaned to the pupils in all elementary and high schools of Mississippi.

     (2)  The books herein provided by the State Board of Education, which shall be the State Textbook Procurement Commission, shall be distributed and loaned free of cost to the children of the free public schools of the state and of all other schools located in the state, which maintain educational standards equivalent to the standards established by the State Department of Education for the state schools as outlined in the Approval Requirements of the State Board of Education for Nonpublic Schools.

     (3) * * * (3)  Teachers shall permit all pupils in all grades of any public school to carry to their homes for home study, the free textbooks loaned to them, and any other regular textbooks whether they be free textbooks or not.

Based on the curriculum and learning objectives of each course and class, a school district shall determine the appropriate learning materials necessary to create a meaningful learning environment and shall submit a plan describing the learning materials selected for the various courses and classes to the State Department of Education for approval.  The State Department of Education shall review annually each school district's plan and may approve only those plans that meet education requirements and standards promulgated by the department through its Office of Curriculum and Instruction.

     (4)  After a school district's plan is approved by the State Department of Education under subsection (3) of this section, the learning materials to be used for a course or class may be distributed by the teacher to each child during the school day.  Whenever possible, the learning materials must be made available to each student and, upon request, the student's parent.  If it is not possible to provide the exact learning materials to each student or the student's parent outside of the classroom setting, such as with distance learning modules or online subscriptions available only at the school, compatible and comparable learning materials that correspond with the curriculum and learning objectives must be made available.  If learning materials other than those being used during the school day for a particular course or class will be made available, the school shall provide, at the beginning of the course, written notice of the other learning materials being available to each child enrolled in the course or class and the child's parent.

     ( * * * (4)5)  For the purposes of this chapter, the term "board" shall mean the State Board of Education.  The term "learning materials" means those resources that may be used by a teacher in the classroom to support specific learning objectives;  "learning materials" includes hard copies of textbooks, manuals, paper handouts, e-book readers, computer programs, online tools, distance learning programs, computerized slideshows and any other educational medium that may be used to support specific learning objectives.  The term * * * (5) "Textbooktextbook" shall be defined as any medium or manual of instruction which contains a systematic presentation of the principles of a subject and which constitutes a major instructional vehicle for that subject.

     (6)  Textbooks and other learning materials, including curricula, must complement and overlap with all objectives and competencies covered on all tests administered under the uniform statewide testing program.  A course may not be taught solely using study guides provided by the State Department of Education for test preparation purposes.

     ( * * *(6)7)  In addition to the authority granted in this chapter, local school boards shall make available to the parents or legal guardians of any children of school age who reside in the school district administered by the school board, upon request, any textbooks on the state surplus inventory list.  The parent or legal guardian is responsible for the return of the textbook(s) to the local school district upon completion of the textbook(s) use.  Failure to return the textbook(s) to the school district will result in the parents or legal guardians being responsible for compensating the school district for the fair market value of the textbook(s).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.