MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Appropriations

By: Representatives Read, Bennett, Arnold, Banks, Barton, Beckett, Bounds, Boyd, Brown, Busby, Clarke, Cockerham, Currie, DeLano, Eure, Holland, Huddleston (30th), Ladner, Massengill, Mettetal, Sullivan, Thomas, Turner, Watson

House Bill 1592

(As Passed the House)

AN ACT MAKING AN APPROPRIATION 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 2019 AND TO CONDITION THE PAYMENT OF THE FUNDS APPROPRIATED HEREIN UPON THE OCCURRENCE OF THE STATE BOARD OF EDUCATION REMOVING THE REQUIREMENT OF STUDENTS TO PASS ALL END-OF-COURSE TESTS UNDER THE SUBJECT AREA TESTING PROGRAM FOR A ELIGIBILITY TO GRADUATE.

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

     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, 2018, and ending June 30, 2019, 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... $   112,436,295.00.

(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..................................

........................................... $     76,193,758.00.

(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... $     20,535,504.00.

(d) To the State Board of Education for defraying the expenses of the Mississippi Uniform Per Student Funding Formula Program... $  1,995,003,702.00.

(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...........$      7,853,209.00.

     TOTAL AMOUNT OF STATE GENERAL FUNDS APPROPRIATED

BY THIS SECTION BEING....................$  2,212,022,468.00.

     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, 2018, and ending June 30, 2019, 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 $   903,781,138.00.

(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..................................

........................................... $     20,962,954.00.

(c) To the State Board of Education for the purpose of defraying the expenses of the Mississippi Uniform Per Student Funding Formula Program.................................... $    284,234,427.00.

(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........................ $      1,927,418.00.

     TOTAL AMOUNT OF SPECIAL FUNDS APPROPRIATED

BY THIS SECTION BEING............... $    1,210,905,937.00.

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:

Literacy Initiative and Assessment.... $      6,333,806.00.

Educable Child........................ $      7,000,000.00.

     Grants to school districts for capital

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

Instructional materials............... $     12,000,000.00.

Students with Special Needs............ $     1,800,000.00.

Implementing Performance Based Data

          Collection and Accreditation

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

Testing............................... $      6,125,670.00.

Mississippi School for Math

and Science...................... $        125,000.00.

Mississippi School for Fine Arts...... $        125,000.00.

TOTAL................................. $     49,784,413.00.

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

........................................... $      4,937,258.00.

(c) To the State Department of Education to provide funding for the Mississippi Uniform Per Student Funding Formula Program... $    214,234,427.00.

(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...........$      1,207,037.00.

SECTION 5.  Of the funds appropriated in this act, the following positions are authorized for the State Department of Education, excluding the expenses of the Vocational and Technical Education Division:

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      349

Part Time...........        3

Time-Limited: Full Time...........      128

Part Time...........        0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2020 do not exceed Fiscal Year 2019 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2019 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 ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2019 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  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 2019 "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.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     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:

                                                          FY2019

Performance Measures                                      Target

Special Education

     Special Education Teachers (FTE)

          (Number of)                                      5,183

     IEP Students not Participating in Math

          Assessments (Number of)                          1,184

     Percentage of IEP Students not Participating

     in Statewide Math Assessment (%)                       5.00

          IEP Students not Participating in Statewide

          Reading Assessments (Number of)                  1,163

     Percentage of IEP Students not Participating

          in Statewide Reading Assessments (%)              5.00

     Students with an IEP Graduating

          with a Standard Diploma (Number of)              1,269

Child Nutrition

     Sites Compliant with Fresh Fruit &

          Vegetable Program Standards (%)                  97.00

     Sites Compliant with the National

          School Lunch Program (%)                         97.00

     Sites Compliant with the School

          Breakfast Program (Number of)                      861

Compulsory School Attendance

     Statewide Cohort 4-Year Dropout Rate (%)              10.80

General Administration

     Total Dollars Spent on General

          Administration ($)                       26,873,165.00

     Percentage of Total Dollars Spent on

          General Administration (%)                       18.83

     Turnover Rate at Central Office (%)                    5.14

Graduation & Career Readiness

     Public High School 4-Year Graduation

          Rate for Cohort (Number of)                     28,500

     Public High School 4-Year Graduation

          Rate for Cohort (%)                              84.00

Special Schools

     Students Enrolled Annually at MSMS

          (Number of)                                        225

     Amount of Scholarship Offerings for MSMS

          Students Attending College ($)           22,000,000.00

     Percentage of MSMS Graduating Seniors

          Who Earn National Merit or

          National Achievement Semifinalist

          Status (%)                                       10.00

     Average ACT Composite Score for

          MSMS Graduating Seniors                          29.00

     Average Cost per Student to

          Attend MSMS ($)                              21,000.00

     Average ACT Composite Score for

          Graduating Seniors at MS School

          for the Arts                                     21.80

     Percentage of MS School for the

          Arts Graduating Seniors Receiving

          Scholarship Offers (%)                           78.00

Early Childhood Education

     Early Learning Collarborative Mean

          Scaled Score on the Kindergarten

          Readiness Assessment                               435

     Early Learning Collarborative Mean

          Scaled Score on the Kindergarten

          Readiness Assessment                               570

Teacher Tng & Professional Dev

     Statewide Percentage of Teachers with

          Alternative Route License (%)                    10.60

     Statewide Percentage of Teachers with Five

     or More Years of Experience (%)                       70.90

     Statewide Percentage of Teachers with Ten

          or More Years of Experience (%)                  48.40

     Statewide Average Years of Experience for

          Full-Time Teachers (Number of)                   11.00

     Statewide Percentage of Teachers with Less

          than Three Years of Experience (%)               20.00

     Teachers Retained Statewide from

          Previous Year (Number of)                       29,947

     Teachers Retained Statewide from

          Previous Year (%)                                73.50

Elementary Education

     Students Taking the Third Grade Reading

          Summative Assessment (Number of)                40,500

     Percentage of All 3rd Graders Enrolled that

          took the Third Grade Reading Summative

          Assessment (%)                                   99.65

     Statewide Mean Scaled Score on the Third

          Grade Reading Summative Assessment

          Mississippi Academic Assessment Program

          (MAAP) English Language Arts (ELA)                 360

     Minimum Passing Score on the Third

          Grade Reading Summative Assessment

          Mississippi Academic Assessment Program

          (MAAP) English Language Arts (ELA)                 350

     Students Scoring At or Above Passing Score

          on the Third Grade Reading Summative

          Assessment (Number of)                          25,000

     Percentage of Students Scoring At or

          Above Passing Score on the Third

          Grade Reading Summative Assessment (%)           61.73

Secondary Education

     Statewide Mean ACT Composite Score

          for Juniors Testing in March                     18.20

     11th Graders Taking the ACT in May

          (Number of)                                     33,000

     Percentage of All 11th Graders Enrolled

          that took the ACT (%)                            96.00

     Students Enrolled in One or more AP

          Course Grades 9 - 12 (Number of)                16,318

     Percentage of Students Enrolled in One

          or More AP Course Grades 9 - 12 (%)              12.20

School Performance

     Percent of Month 1 Net Membership in Schools

          with an Accountability Rating of A (%)           18.00

     Percent of Month 1 Net Membership in Schools

          with an Accountability Rating of B (%)           32.00

     Percent of Month 1 Net Membership in Schools

          with an Accountability Rating of C (%)           24.00

     Percent of Month 1 Net Membership in Schools

          with an Accountability Rating of D (%)           17.00

     Percent of Month 1 Net Membership in Schools

          with an Accountability Rating of F (%)            8.00

     Percent of Month 1 Net Membership in School

          with no Accountability Rating (%)                 1.00

     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 2020.

     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 Uniform Per Student Funding Formula Program. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                          FY2019

Performance Measures                                      Target

Basic Program

     Increase the number of schools receiving a

          performance classification of C or higher

          (2015-2016 Baseline: 327)                          331

     Increase the number of schools receiving a

          performance classification of C or higher

          (2015-2016 Baseline: 89)                            91

     Increase statewide mean ACT composite core

          for Juniors taking the test in March

          (2015-2016 Baseline: 18.3)                       18.50

     Increase 4-year graduation rate (%)

          (2015-2016 Baseline: 82.3)                       84.80

     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 2020.

     SECTION 8.  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 School for the Blind and Deaf 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:

                                                          FY2019

Performance Measures                                      Target

Instruction

     Increase Graduation Rate for Visually

          Impaired Students (%).  2011-2012 Baseline:

          50.00%                                           90.00

     Increase Number of Students Receiving

          Standard & Occupational Diplomas (%)

          2011-12 Baseline:  75.00%                       100.00

Student Services

     Increase Eligible High School Students

          Working Part-Time (%).  2011-2012 Baseline:

          34.00%                                           48.00

Operation & Maintenance

     Persons Served Through Community Sign

          Language Classes (Number of)                        95

     Parents Served Through Community Sign

          Language Classes (Number of)                        60

     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 2020.

     SECTION 9.  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 10.  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 11.  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 12.  Of the funds appropriated under the provisions of this act, the following positions are authorized for the Vocational and Technical Education Division of the State Department of Education:

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       50

Part Time...........        0

Time-Limited: Full Time...........        5

Part Time...........        0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2020 do not exceed Fiscal Year 2019 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2019 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 ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2019 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  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 2019 "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.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     SECTION 13.  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:

                                                          FY2019

Performance Measures                                      Target

Secondary Programs

     Increase students served in CTE (%)

          2011-2012 Baseline: 2785                          2.00

     Increase the percentage of 11th grade

          students who are college  or career ready

          as measured by the ACT (%)                       12.00

     Increase the percentage of students who

          graduated (%)                                    83.00

     Increase CTE Student Completers' Placement

          Rate. 2011-2012 Baseline: 89.00% (%)              1.00

     Decrease the number of schools with

          graduation rate less than 80% (Number of)           65

Post-secondary Programs

     CTE student completers (Number of)                    3,700

     Short term adult programs (Number of)                   200

     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 2020.

     SECTION 14.  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 15.  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 16.  Of the funds appropriated in this act, no more than One Hundred Seventy-five Thousand Dollars ($175,000.00) is provided for the purpose of supporting the Future Farmers of America Center.

     SECTION 17.  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:

Detention Centers................................ $   900,000.00

Drop-out Prevention at Star Academy.............. $   250,000.00

Dubard School.................................... $   500,000.00

Dyslexia Program................................. $   225,000.00

Jobs for MS Graduates, Inc....................... $   800,000.00

Stride........................................... $   600,000.00

Life Tracks (SLDS)............................... $   800,000.00

Amplify Data Coaching............................ $   580,000.00

Magee Enterprise Learning Lab.................... $   160,000.00

Magnolia Speech School........................... $   434,033.00

Mississippi Arts Commission-Arts Institute....... $    40,000.00

Mississippi Autism............................... $   160,000.00

Mississippi Symphony............................. $    50,000.00

New Learning Resource, Inc....................... $   280,000.00

Principal Corp................................... $   400,000.00

Sight Savers..................................... $   341,178.00

Teach for America................................ $ 1,800,000.00

Teacher Corp..................................... $   150,000.00

USM - Autism Program............................. $    40,000.00

Children’s Center for Communication & Development $   574,032.00

Very Special Arts Program........................ $    40,000.00

Vision Screening Research........................ $   178,822.00

World Class Teacher Program...................... $   480,000.00

Drop-out Prevention Vicksburg - Leader in Me..... $    80,000.00

University of Mississippi – Willie Price Lab School $   200,000.00

Algebra Nation................................... $   160,000.00

WorkKeys – Brookhaven Pilot...................... $    20,000.00

Total.......................................... $  10,243,065.00

     SECTION 18.  The State Board of Education shall not expend any funds appropriated in Section 17 of this Act after January 1, 2019 until the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) has received a progress report on the effectiveness of these programs from the entities receiving funds by December 15, 2018.  PEER shall provide written guidance to entities as to the format and contents of the required progress reports.  The following shall provide the reports:  Magee Enterprise Learning Lab and Smart Labs, Jobs for Mississippi Graduates, Stride, Dropout Prevention at Star Academy, Algebra Nation, WorkKeys – Pilot for Brookhaven.

     SECTION 19.  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, computer science, engineering or robotic engineering programs and equipment upgrades and Mississippi Elementary (ME) STEM and STEAM programs  from the Career and Technical Education Division of the State Department of Education.

     SECTION 20.  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 21.  Of the funds provided in this act for the purpose of funding the Mississippi Uniform Per Student Funding Formula Program as determined under Section 37-151-207, Mississippi Code of 1972, the base student cost in Fiscal Year 2018 shall be Four Thousand Eight Hundred Dollars ($4,800.00).

     SECTION 22. 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 23.  Of the funds appropriated under the provisions of this act, the following positions are authorized for the Mississippi School for the Blind and the Mississippi School for the Deaf:

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      162

Part Time...........       12

Time-Limited: Full Time...........        0

Part Time...........        0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2020 do not exceed Fiscal Year 2019 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2019 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 ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2019 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  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 2019 "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.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     SECTION 24.  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 25.  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 2018.  It is further the intention of the Legislature that the budget requests for Fiscal Year 2020 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 2019 budget request process for each agency and institution appropriated funds within the provisions of this act.

     SECTION 26.  Of the funds appropriated in Section 1 to the State Board of Education, not less than Twenty-two Million Six Hundred Thousand Dollars ($22,600,000.00) shall be used for National Board Certification.

     SECTION 27.  Of the funds appropriated in Section 1 and Section 2 not less than Fifteen Million Fifty-eight Thousand  Dollars ($15,058,000.00) shall be used for the Educable Child Program.  Of the funds appropriated in Section 1 and Section 2 not less than Fifteen Million Fifty-eight Thousand Dollars ($15,058,000.00) shall be used for the Educable Child Program.  It is the intention of the Legislature that the State Board of Education shall allocate funding for the Educable Child Program based upon a recalculated formula in a manner to include only those billable days funded through appropriation of state funds and not District funds. It is the intent of the Legislature that the Educable Child funds shall be exempt from budget cuts made to the Department of Education by the Legislature and/or the Office of the Governor.

     SECTION 28.  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 29.  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 30.  Of the funds appropriated in Section 1, not less than Six Million Three Hundred Twenty-one Thousand Nine Hundred Twenty-seven Dollars ($6,321,927.00) shall be used for the Compulsory School Attendance Office and School Attendance Officers.

     SECTION 31.  Of the funds appropriated in this act, it is the intention of the Legislature that Three Million Sixty Thousand Dollars ($3,060,000.00) shall be used for the Mary Kirkpatrick-Mary Sprayberry Public School Nurse Program.  The amount of Three Million Sixty Thousand Dollars ($3,060,000.00) is provided from the Department of Health.

     SECTION 32.  The State Department of Education shall contract with a Certified Public Accountant to calculate components of the Mississippi Uniform Per Student Funding Formula 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, 2019.

     SECTION 33.  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 Uniform Per Student Funding Formula Program.

     SECTION 34.  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 Children's Health Insurance Program.  The amount of such fees shall be Five Hundred Dollars ($500.00) for each semester.

     SECTION 35.  It is the intent of the Legislature that each eligible employee who meets the National Board requirements under Section 37-19-7(2), Mississippi Code of 1972, shall be paid the full supplement and that such supplement shall be included on a prorated basis in the employee's monthly paycheck.

     SECTION 36.  It is the intention of the Legislature that the Mississippi Department of Education may loan any general or special source fund amount, not to exceed Five Million Dollars ($5,000,000.00), to any school district for the purpose of providing funds to school districts through the Emergency Assistance Fund as outlined in Section 37-17-6, Mississippi Code of 1972, during the period beginning July 1, 2018, and ending June 30, 2019.  The school districts receiving these loans shall repay the Mississippi Department of Education the amount of the loan on or before June 30, 2019.

     SECTION 37.  Of the funds appropriated in Section 1(a), Twenty Million Three Hundred Eighty-one Thousand One Hundred Fifty-nine Dollars ($20,381,159) shall be used for the School Recognition Program authorized by Section 37-19-10, Mississippi Code of 1972.

     SECTION 38.  Of the funds appropriated in Section 1(a), Seven Hundred Thousand Dollars ($700,000.00) shall be transferred to the Board of Health no later than December 31, 2018.

     SECTION 39.  Any school district receiving funds through Save the Children and Stride may provide a ten percent (10%) match from local funds for implementation of the program.

     SECTION 40.  Of the funds appropriated in Section 1(a), Two Million Dollars ($2,000,000.00) is provided for the Mississippi Community Oriented Policing Services in Schools (MCOPS) grant program.

     SECTION 41.  Of the funds appropriated in Section 1(a), Four Million Dollars ($4,000,000.00) is provided for an Early Childhood Education Initiative program.  Of the funds provided herein, it is the intention of the Legislature that no new funds may be expended to defray the costs of any pre-kindergarten program that has not been determined by the Joint Legislative Committee on Performance Evaluation and Expenditure Review to be evidence-based.

     SECTION 42.  Of the funds appropriated in Section 1(a) and Section 4(a), Fifteen Million Dollars ($15,000,000.00) shall be used for the Literacy Initiative and Assessment.

     SECTION 43.  Of the funds appropriated in Section 1(b), One Hundred Sixty Thousand Dollars ($160,000.00) is provided for the Smart Lab project.

     SECTION 44.  Of the funds appropriated herein, funding is provided for the ACT test, which is the college readiness portion of the state accountability model.

     SECTION 45.  It is the intention of the Legislature that the State Board of Education shall not reduce the appropriated amounts provided in this Act for the Mississippi Schools for the Blind and Deaf, and the funding amounts for the Mississippi School of the Arts and the Mississippi School for Mathematics and Science shall be equal to the amount provided in Fiscal Year 2018.

     SECTION 46.  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 47.  The money appropriated in this act shall not be paid by the State Treasury for expenditure by the State Board of Education for the purpose of funding K-12 and other related educational activities until such time that the State Board of Education removes the requirement that students enrolled in Mississippi public schools must pass all end-of-course tests administered under the Subject Area Testing Program as a requirement for graduation.  The State Board of Education shall adopt a policy requiring the administration of those end-of-course tests mandated under the federal requirements of the Every Student Succeeds Act and Title I.  However, the policy must provide that a student who fails to achieve a passing score on an end-of-course test may not be prohibited from graduating from high school if the student has fulfilled the requirements for a standard Mississippi high school diploma, as demonstrated by having achieved the requisite number of academic credits or Carnegie units and successful mastery of each course of instruction with a satisfactory grade.

     SECTION 48.  This act shall take effect and be in force from and after July 1, 2018, and shall stand repealed June 30, 2018.