MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Education

By: Representative Currie

House Bill 298

AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE RULES FOR THE ESTABLISHMENT OF A CURRICULUM FOR BIBLICAL STUDIES TO BE OFFERED AS ELECTIVE COURSES AT THE HIGH SCHOOL LEVEL; TO PRESCRIBE THE CONTENT AND OBJECTIVES OF THE COURSES; TO REQUIRE THE COURSES TO FOLLOW ALL FEDERAL AND STATE GUIDELINES IN MAINTAINING RELIGIOUS NEUTRALITY AND ACCOMMODATING THE DIVERSE RELIGIOUS VIEWS, TRADITIONS AND PERSPECTIVES OF STUDENTS IN THE SCHOOL; TO PROHIBIT COURSES FROM ENDORSING, FAVORING, PROMOTING, DISFAVORING, OR SHOWING HOSTILITY TOWARD ANY PARTICULAR RELIGION OR NONRELIGIOUS FAITH OR RELIGIOUS PERSPECTIVE; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL NOT VIOLATE ANY PROVISION OF THE UNITED STATES CONSTITUTION OR FEDERAL LAW, THE MISSISSIPPI CONSTITUTION OR ANY STATE LAW IN ITS DEVELOPMENT OF CURRICULUM CONTENT; TO AMEND SECTION 37-1-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP BIBLE HISTORICAL AND LITERACY STANDARDS AND OBJECTIVES FOR APPROPRIATE EXISTING COURSES AT THE SECONDARY LEVEL BEFORE THE 2020-2021 SCHOOL YEAR; TO BRING FORWARD SECTIONS 37-16-17 AND 37-13-3, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  (a)  Pursuant to Section 37-1-3, the State Board of Education shall promulgate administrative regulations to establish the courses of study for students at the high school level.  The administrative regulation that sets forth the required and elective courses for the schools shall include:

              (i)  The history and literature of the Old Testament Era;

              (ii)  The history and literature of the New Testament Era;

              (iii)  The Hebrew Scriptures, Old Testament of the Bible;

              (iv)  The New Testament of the Bible; and

              (v)  The Hebrew Scriptures and the New Testament of the Bible.

          (b)  The purpose of a course under this section is to:

              (i)  Teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, morals, oratory and public policy; and

              (ii)  Familiarize students with, as applicable:

                   1.  The contents of the Hebrew Scriptures or New Testament;

                   2.  The history of the Hebrew Scriptures or New Testament;

                   3.  The literary style and structure of the Hebrew Scriptures or New Testament; and

                   4.  The influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values and culture.

          (c)  A student shall not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament, and may use, as the basic textbook, a different translation of the Hebrew Scriptures or New Testament from that chosen by the school council.

     (2)  The State Department of Education shall include the course standards in the program of studies for Mississippi schools, including the teacher qualifications and required professional development.

     (3)  A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school.  A course under this section shall not endorse, favor, promote, disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective.  The State Board of Education, in complying with this section, shall not violate any provision of the United States Constitution or federal law, the Mississippi Constitution or any state law, or any administrative regulations of the United States Department of Education or the State Department of Education.

     (4)  (a)  The book or collection of books commonly known as the Old Testament shall be the basic text for the course in the History and Literature of the Old Testament Era, and the book or collection of books commonly known as the New Testament shall be the basic text for the course in the History and Literature of the New Testament Era.  Additionally, students may be assigned a range of reading materials for the courses, including selections from secular historical and cultural works and selections from other religious and cultural traditions.  The content of standards for the courses shall familiarize students with the customs and cultures of the times and places referred to in the Old and New Testaments.  The content and standards for the courses shall also familiarize students with the methods and tools of writing at the times the Old and New Testament books were written, the means by which they were preserved, the languages in which they were written and into which they were translated, and the historical and cultural events which led to the translation of the Old and New Testaments into the English language.

          (b)  The local school board may recommend which version of the Old and New Testament may be used in the course.  However, the teacher of the course shall not be required to adopt that recommendation, but may use the recommended version or another version.

          (c)  No student shall be required to use one (1) version as the sole text of the Old or New Testament.  If a student does desire to use, as the basic text, a different version of the Old or New Testament from that chosen by the local school board or teacher, he or she shall be permitted to do so.

     (5)  The courses provided in this section shall:

          (a)  Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students as to either the truth or falsity of the biblical material or texts from other religious or cultural traditions;

          (b)  Not include teaching of religious doctrine or sectarian interpretations of the Bible or of texts from other religious or cultural traditions, in violation of Section 37-13-3; and

          (c)  Not disparage or encourage a commitment to a set of religious beliefs.

     (6)  No person employed by a local school district in an instructional capacity shall be assigned to teach a biblical course  based in whole or in part on any religious test, profession of faith or lack thereof, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack thereof about the Bible.

     (7)  From and after July 1, 2020, for the purpose of Carnegie unit curriculum credits at the high school level, satisfactory completion of any of the courses described in subsection (1) of this section shall be accepted by the State Board of Education for one-half (1/2) unit of elective credit.  However, the courses shall be taught in strict compliance with this section.

     (8)  (a)  A local school board may make necessary arrangements to monitor the content and teaching of any of the courses described in subsection (1) of this section as it deems appropriate.

          (b)  Nothing in this section shall be construed to limit the authority of a local school board to offer courses regarding the Old Testament or New Testament that are not in compliance with this section.  However, no state funds distributed under this chapter shall be expended in connection with any course that does not meet the requirements of this section.

          (c)  Nothing in this section shall be construed to prohibit local school boards from offering elective courses based upon the books of other religions or societies.  In determining whether to offer such courses, the local school board may consider various factors, including, but not limited, to student and parent demand for such courses and the impact those books have had upon history and culture.

     SECTION 2.  Section 37-1-3, Mississippi Code of 1972, is amended as follows:

     37-1-3.  (1)  The State Board of Education shall adopt rules and regulations and set standards and policies for the organization, operation, management, planning, budgeting and programs of the State Department of Education.

          (a)  The board is directed to identify all functions of the department that contribute to or comprise a part of the state system of educational accountability and to establish and maintain within the department the necessary organizational structure, policies and procedures for effectively coordinating such functions.  Such policies and procedures shall clearly fix and delineate responsibilities for various aspects of the system and for overall coordination of the total system and its effective management.

          (b)  The board shall establish and maintain a system-wide plan of performance, policy and directions of public education not otherwise provided for.

          (c)  The board shall effectively use the personnel and resources of the department to enhance technical assistance to school districts in instruction and management therein.

          (d)  The board shall establish and maintain a central budget policy.

          (e)  The board shall establish and maintain within the State Department of Education a central management capacity under the direction of the State Superintendent of Public Education.

          (f)  The board, with recommendations from the superintendent, shall design and maintain a five-year plan and program for educational improvement that shall set forth objectives for system performance and development and be the basis for budget requests and legislative initiatives.

     (2)  (a)  The State Board of Education shall adopt and maintain a curriculum and a course of study to be used in the public school districts that is designed to prepare the state's children and youth to be productive, informed, creative citizens, workers and leaders, and it shall regulate all matters arising in the practical administration of the school system not otherwise provided for.

          (b)  Before the 1999-2000 school year, the State Board of Education shall develop personal living and finances objectives that focus on money management skills for individuals and families for appropriate, existing courses at the secondary level.  The objectives must require the teaching of those skills necessary to handle personal business and finances and must include instruction in the following:

              (i)  Opening a bank account and assessing the quality of a bank's services;

              (ii)  Balancing a checkbook;

              (iii)  Managing debt, including retail and credit card debt;

              (iv)  Completing a loan application;

              (v)  The implications of an inheritance;

              (vi)  The basics of personal insurance policies;

              (vii)  Consumer rights and responsibilities;

              (viii)  Dealing with salesmen and merchants;

              (ix)  Computing state and federal income taxes;

              (x)  Local tax assessments;

              (xi)  Computing interest rates by various mechanisms;

              (xii)  Understanding simple contracts; and

              (xiii)  Contesting an incorrect billing statement.

          (c)  Before the 2020-2021 school year, the State Board of Education shall develop Bible historical and literacy standards and objectives for appropriate, existing courses at the secondary level, separated into three (3) curriculum categories, which must include instruction in the following:

              (i)  Disciplinary literacy, with the following components:

                   1.  Analyzing literary aspects of the Bible;

                   2.  Determining and analyzing the themes, concepts, figures, places and events depicted in biblical texts;

                   3.  Recognizing and analyzing literary forms and genres found in biblical texts; and

                   4.  Identifying and analyzing figurative language and literary structures in biblical texts;

              (ii)  Historical thinking, with the following components:

                   1.  Analyzing the interplay of economic, political, social, geographical, historical, cultural, linguistic and anthropological impacts on the development of biblical texts;

                   2.  Examining biblical texts considering a variety of textural elements;

                   3.  Analyzing biblical texts, engaging in the skills of sourcing, close reading, contextualizing and comparing; and

                   4.  Comparing and contrasting various Bible versions to analyze the contextual influences of canons, translations and editions; and

              (iii)  Analyzing influences, with the following components:

                   1.  Analyzing the relationship between the Bible and society and culture;

                   2.  Examining the influence of the Bible on historical, political and social movements and realities;

                   3.  Analyzing influences of the Bible on the development of religious and secular identities; and

                   4.  Determining the interplay between the Bible and cultural expressions through the examination of a variety of literature, art, language, oratory and music.

     (3)  The State Board of Education shall have authority to expend any available federal funds, or any other funds expressly designated, to pay training, educational expenses, salary incentives and salary supplements to licensed teachers employed in local school districts or schools administered by the State Board of Education.  Such incentive payments shall not be considered part of a school district's local supplement as defined in Section 37-151-5(o), nor shall the incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1).  MAEP funds or any other state funds shall not be used to provide such incentives unless specifically authorized by law.

     (4)  The State Board of Education shall through its actions seek to implement the policies set forth in Section 37-1-2.

     SECTION 3.  Section 37-16-17, Mississippi Code of 1972, is brought forward as follows:

     37-16-17.  (1)  Purpose.  (a)  The purpose of this section is to create a quality option in Mississippi's high schools for students not wishing to pursue a baccalaureate degree, which shall consist of challenging academic courses and modern career-technical studies.  The goal for students pursuing the career track is to graduate from high school with a standard diploma and credit toward a community college certification in a career-technical field.  These students also shall be encouraged to take the national assessment in the career-technical field in which they become certified.

          (b)  The State Board of Education shall develop and adopt course and curriculum requirements for career track programs offered by local public school boards in accordance with this section.  The Mississippi Community College Board and the State Board of Education jointly shall determine course and curriculum requirements for the career track program.

     (2)  Alternative career track; description; curriculum.  (a)  A career track shall provide a student with greater technical skill and a strong academic core and shall be offered to each high school student enrolled in a public school district.  The career track program shall be linked to postsecondary options and shall prepare students to pursue either a degree or certification from a postsecondary institution, an industry-based training or certification, an apprenticeship, the military, or immediate entrance into a career field.  The career track shall be designed primarily for those students who are not college bound and shall provide them with alternatives to entrance into a four-year university or college after high school graduation.

          (b)  Students pursuing a career track shall be afforded the opportunity to dually enroll in a community or technical college or to participate in a business internship or work-study program, when such opportunities are available and appropriate.

          (c)  Each public school district shall offer a career track program approved by the State Board of Education.

          (d)  Students in a career track program shall complete an academic core of courses and a career and technical sequence of courses.

          (e)  The twenty-one (21) course unit requirements for the career track shall consist of the following:

              (i)  At least four (4) English credits, including English I and English II.

              (ii)  At least three (3) mathematics credits, including Algebra I.

              (iii)  At least three (3) science credits, including one (1) unit of biology.

              (iv)  At least three (3) social studies credits, including one (1) unit of U.S. History and one (1) unit of Mississippi Studies/U.S. Government.

              (v)  At least one-half (1/2) credit in health or physical education.

              (vi)  At least four (4) credits in career and technical education courses in the dual enrollment-dual credit programs authorized under Section 37-15-38.

              (vii)  At least one (1) credit in integrated technology with optional end of course testing.

              (viii)  At least two and one-half (2-1/2) credits in additional electives or career and technical education courses required by the local school board, as approved by the State Board of Education.  Academic courses within the career track of the standard diploma shall provide the knowledge and skill necessary for proficiency on the state subject area tests.

     (3)  Nothing in this section shall disallow the development of a dual enrollment program with a technical college so long as an individual school district, with approval from the State Department of Education, agrees to implement such a program in connection with a technical college and the agreement is also approved by the proprietary school's commission.

     (4)  The career track program for students not pursuing a Baccalaureate Degree shall not be available to any student entering the Ninth Grade in the 2017-2018 school year or thereafter.

     SECTION 4.  Section 37-13-3, Mississippi Code of 1972, is brought forward as follows:

     37-13-3.  No doctrinal, sectarian or denominational teaching shall be permitted in public schools of this state.  It shall be the duty of the county superintendents of education and the superintendents of municipal separate school districts to enforce the provisions of this section.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2020.