MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education
By: Representative Bennett
AN ACT TO AMEND SECTION 43-5-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THE STATE BOARD OF EDUCATION WITH THE DISCRETION TO DELEGATE CERTAIN AUTHORITY TO RECEIVE AND HOLD REAL AND PERSONAL PROPERTY OR TESTAMENTARY GIFTS OR BEQUESTS FOR THE BENEFIT OF THE MISSISSIPPI SCHOOL FOR THE BLIND AND THE MISSISSIPPI SCHOOL FOR THE DEAF TO ADMINISTRATIVE STAFF OF THE STATE DEPARTMENT OF EDUCATION OF THOSE SCHOOLS; TO AMEND SECTION 43-5-8, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL ADMINISTRATIVE AND LICENSED INSTRUCTIONAL EMPLOYEES OF MSBD TO ENTER INTO CONTRACTS FOR TERMS OF THEIR EMPLOYMENT; TO REQUIRE THE STATE BOARD OF EDUCATION TO DETERMINE THE QUALIFICATIONS FOR THOSE EMPLOYEES, WHO SHALL BE TRANSFERRED FROM UNDER THE AUTHORITY OF THE MISSISSIPPI PERSONNEL BOARD; TO PROVIDE FOR THE RETENTION OF BENEFITS AND SERVICE WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE STATE AND SCHOOL EMPLOYEES' HEALTH INSURANCE PLAN; TO PROVIDE THAT SUCH EMPLOYEES SHALL BE SUBJECT TO THE WILL AND PLEASURE OF THE RESPECTIVE SUPERINTENDENTS OF MSBD; TO AMEND SECTION 43-5-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 37-39-1, MISSISSIPPI CODE OF 1972, TO INCLUDE THE STATE BOARD OF EDUCATION WITHIN THE MEANING OF THE TERM "SCHOOL BOARD," WHEN ACTING ON BEHALF OF THE MSBD; TO AMEND SECTION 31-7-1, MISSISSIPPI CODE OF 1972, TO AMEND THE DEFINITIONS OF THE TERMS "AGENCY" AND "GOVERNING AUTHORITY" UNDER THE PUBLIC PURCHASING LAWS TO EXEMPT THE MISSISSIPPI SCHOOL FOR THE BLIND AND THE MISSISSIPPI SCHOOL FOR THE DEAF FROM CERTAIN REQUIREMENTS OF THE PUBLIC PROCUREMENT REVIEW BOARD; TO AMEND SECTION 37-140-5, MISSISSIPPI CODE OF 1972, AS IT RELATES TO PERSONNEL MATTER FOR THE MISSISSIPPI SCHOOL OF THE ARTS, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-5-1, Mississippi Code of 1972, is amended as follows:
43-5-1. (1) The State Board of Education shall be the Board of Trustees of the Mississippi School for the Deaf and the Mississippi School for the Blind and shall retain all powers and duties granted by law to the Board of Trustees of the Mississippi School for the Deaf and the Mississippi School for the Blind. Wherever the term Board of Trustees of the Mississippi School for the Deaf and Mississippi School for the Blind appears in any law the same shall mean the State Board of Education.
(2) The provisions of this section shall not be construed to require any consolidation or combination of the Mississippi School for the Deaf and the Mississippi School for the Blind other than where economies can be realized through the common utilization of maintenance personnel and equipment, physical facilities, vehicles and administrative personnel, where the same can be done without impairment of the effectiveness of the educational programs of the two (2) institutions or the welfare of the students.
(3) The provisions of this section shall not be construed to require any consolidation of services involving curriculum or instructional programs of the two (2) institutions.
(4) The State Board of Education, on behalf of each of these institutions, shall have the power to receive and hold property, real and personal, and to accept and use as provided by law, separate from the needs of the other institutions, all bequests, devices and donations made or which may in the future be made to or for it, and shall continue to enjoy the rights and privileges heretofore conferred upon it by law and such as are necessary now, or hereafter, to accomplish the purposes of its own establishment and operation and maintenance hereunder, provided that the same be not inconsistent with or in conflict with this chapter. The State Board of Education, in its discretion, may delegate any such powers and duties, as it deems appropriate, to any administrative staff of the State Department of Education, the Mississippi School for the Deaf or the Mississippi School for the Blind.
SECTION 2. Section 43-5-8, Mississippi Code of 1972, is amended as follows:
43-5-8. (1) The
Superintendent of the School for the Blind and the Superintendent of the School
for the Deaf * * * shall be selected by and hold office
subject to the will and pleasure of the State Superintendent of Public
Education, subject to the approval of the State Board of Education. The State
Board of Education may provide housing for the two (2) superintendents so
employed either on- or off-campus. Each superintendent shall at all times maintain
supervision of the physical properties of the school he serves.
(2) Effective July 1, 2021, all other administrative and licensed instructional staff employed at the Mississippi School for the Blind and the Mississippi School for the Deaf, hereinafter MSBD, shall enter into written contracts of employment to indicate and cover the period for which they are respectively employed. Such employees shall be transferred from state service under the authority of the State Personnel Board to employment status as employees of the respective school. The State Board of Education may set and determine qualifications necessary for such employees and may appoint a subcommittee of the board for the purpose of authorizing the execution of such employment contracts on a timely basis. All such contracts and employment rights prescribed thereunder shall be awarded and governed in accordance with Section 37-9-1, et seq., as applicable, and Section 37-7-307. Said contracts shall be exempt from any applicable requirements of the Public Procurement Review Board for state agency employment contracts. All references within Section 37-9-1 et seq. to a "local school district" shall apply to MSBD, and all references to a "local school board" shall apply to the State Board of Education in its role as board of trustees pursuant to Sections 43-5-1 and 43-5-5. There shall be no interruption of service with the Public Employees' Retirement System and the State and School Employees' Health Insurance Plan for administrative and licensed instructional staff. Any unused leave accumulated in state-service employment shall be transferred in accordance with the provisions of Section 37-7-707, unless otherwise provided.
(3) Effective July 1,
2021, all other personnel shall be competitively appointed by the State
Superintendent * * * of Public Education with the
recommendation of the superintendent of the respective school. There shall be
no interruption of service with the Public Employees' Retirement System and the
State and School Employees' Health Insurance Plan for those applicable
personnel. The employment shall be subject to the will and pleasure of the
superintendent of the respective school, and shall not be subject to the rules
and regulations of the State Personnel Board, except as provided in Section 25-9-127(4).
The State Superintendent of Public Education * * *
shall fix the amount of compensation or expenses of * * * these personnel * * *, which shall be paid upon the
requisition of the State Superintendent of Public Education and warrant
issued thereunder by the State Auditor out of the funds appropriated by the
Legislature in a lump sum upon the basis of budgetary requirements submitted by
the State Superintendent of Public Education or out of funds
otherwise made available.
(4) The entire
expense of administering the schools shall never exceed the amount appropriated
therefor, plus funds received from sources other than state appropriations.
For a violation of this provision, the superintendent shall be liable, and he or
she and the sureties on his or her bond shall be required to restore
any excess. * * * Effective July 1, 2021, any and
all employees or personnel of MSBD, whether administrative, licensed
instructional, nonlicensed instructional or otherwise, paid using funds
appropriated therefor or received from sources other than appropriations, shall
be stationed at the respective campus of MSBD for the benefit of the respective
school.
SECTION 3. Section 43-5-13, Mississippi Code of 1972, is amended as follows:
43-5-13. Braille print,
designated commonly as revised Braille Grade Two, shall be taught in the School
for the Blind. The use of this print shall be included in the high school
literary courses of students in such school. Every teacher or instructor in
the School for the Deaf, whose duties include oral instruction of pupils, shall
become acquainted with the most efficient and advanced methods of lipreading,
but every teacher shall also master the manual alphabet in order to be able to
communicate with pupils who cannot read lips and in order to aid and
participate in student activities outside the classrooms. Every pupil entering
the school shall be given oral instruction until it is clearly determined
whether he can master lipreading to an extent enabling him to progress
satisfactorily in his studies, but manual instruction shall be provided in all
subjects for all pupils unable to progress satisfactorily under oral instruction
alone. The State Board of Education may set and determine the additional
requirements necessary for each teacher or instructor. * * * Complete courses in shorthand and
typewriting are to be offered at the School for the Deaf.
SECTION 4. Section 37-39-1, Mississippi Code of 1972, is amended as follows:
37-39-1. The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:
(a) "Perishables" shall mean items which have a variable market price on which vendors are unable to submit a long-range price such as fruits and vegetables;
(b) "Purchasing agent" shall mean the superintendent, or other individual or individuals designated by the school board or by the school boards acting jointly as its agent or agents to negotiate and make private contract or to purchase;
(c) "School boards" shall mean the local governing boards of all school districts in the state, whether they act jointly or separately. The term also means the State Board of Education when acting in its role as prescribed in Section 43-5-1 et seq.;
(d) "Services" shall mean maintenance, operational and scholastic services utilized within and for the school district or school districts.
SECTION 5. Section 31-7-1, Mississippi Code of 1972, is amended as follows:
31-7-1. The following terms are defined for the purposes of this chapter to have the following meanings:
(a) "Agency"
means any state board, commission, committee, council, university, department
or unit thereof created by the Constitution or statutes if such board, commission,
committee, council, university, department, unit or the head thereof is
authorized to appoint subordinate staff by the Constitution or statute, except
a legislative or judicial board, commission, committee, council, department or
unit thereof; except a charter school authorized by the Mississippi Charter
School Authorizer Board; and except the Mississippi State Port Authority; * * * except the Mississippi School of the Arts
(MSA) established in Section 37-140-1 et seq. for the sole purpose of the
application of the term "agency" as it pertains to the Public
Procurement Review Board's powers and responsibilities as defined in Section 27-104-7(2)(a),
but without application to the use of the term within this chapter, effective
July 1, 2020; and except the Mississippi School for the Blind and the
Mississippi School for the Deaf (MSBD) for the sole purpose of the application
of the term "agency" as it pertains to the Public Procurement Review
Board's powers and responsibilities as defined in Section 27-104-7(2)(a), but
without application to the use of the term within this chapter, effective July
1, 2021. An academic medical center or health sciences school as defined
in Section 37-115-50 is not an "agency" for those purchases of
commodities as defined in this section that are used for clinical purposes and
(i) intended for use in the diagnosis of disease or other conditions or in the
cure, mitigation, treatment or prevention of disease, and (ii) medical devices,
biological, drugs and radiation emitting devices as defined by the United
States Food and Drug Administration.
(b) "Governing authority" means boards of supervisors, governing boards of all school districts, all boards of directors of public water supply districts, boards of directors of master public water supply districts, municipal public utility commissions, governing authorities of all municipalities, port authorities, Mississippi State Port Authority, commissioners and boards of trustees of any public hospitals, boards of trustees of public library systems, district attorneys, school attendance officers and any political subdivision of the state supported wholly or in part by public funds of the state or political subdivisions thereof, including commissions, boards and agencies created or operated under the authority of any county or municipality of this state. The term "governing authority" shall not include economic development authorities supported in part by private funds, or commissions appointed to hold title to and oversee the development and management of lands and buildings which are donated by private individuals to the public for the use and benefit of the community and which are supported in part by private funds. The term "governing authority" also shall not include the governing board of a charter school. The term "governing authority" also shall not include the Mississippi School of the Arts established in Section 37-140-1 et seq., for the sole purpose of the application of the term "agency" as it pertains to the Public Procurement Review Board's powers and responsibilities as defined in Section 27-104-7(2)(a), but without application to the use of the term within this chapter, effective July 1, 2020. The term "governing authority" also shall not include the Mississippi School for the Blind and the Mississippi School for the Deaf (MSBD) for the sole purpose of the application of the term "governing authority" as it pertains to the Public Procurement Review Board's powers and responsibilities as defined in Section 27-104-7(2)(a), but without application to the use of the term within this chapter, effective July 1, 2021.
(c) "Purchasing agent" means any administrator, superintendent, purchase clerk or other chief officer so designated having general or special authority to negotiate for and make private contract for or purchase for any governing authority or agency, including issue purchase orders, invitations for bid, requests for proposals, and receive and accept bids.
(d) "Public funds" means and includes any appropriated funds, special funds, fees or any other emoluments received by an agency or governing authority.
(e) "Commodities" means and includes the various commodities, goods, merchandise, furniture, equipment, automotive equipment of every kind, and other personal property purchased by the agencies of the state and governing authorities, but not commodities purchased for resale or raw materials converted into products for resale.
(i) "Equipment" shall be construed to include: automobiles, trucks, tractors, office appliances and all other equipment of every kind and description.
(ii) "Furniture" shall be construed to include: desks, chairs, tables, seats, filing cabinets, bookcases and all other items of a similar nature as well as dormitory furniture, appliances, carpets and all other items of personal property generally referred to as home, office or school furniture.
(f) "Emergency" means any circumstances caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection or caused by any inherent defect due to defective construction, or when the immediate preservation of order or of public health is necessary by reason of unforeseen emergency, or when the immediate restoration of a condition of usefulness of any public building, equipment, road or bridge appears advisable, or in the case of a public utility when there is a failure of any machine or other thing used and useful in the generation, production or distribution of electricity, water or natural gas, or in the transportation or treatment of sewage; or when the delay incident to obtaining competitive bids could cause adverse impact upon the governing authorities or agency, its employees or its citizens; or in the case of a public airport, when the delay incident to publishing an advertisement for competitive bids would endanger public safety in a specific (not general) manner, result in or perpetuate a specific breach of airport security, or prevent the airport from providing specific air transportation services.
(g) "Construction" means the process of building, altering, improving, renovating or demolishing a public structure, public building, or other public real property. It does not include routine operation, routine repair or regularly scheduled maintenance of existing public structures, public buildings or other public real property.
(h) "Purchase" means buying, renting, leasing or otherwise acquiring.
(i) "Certified purchasing office" means any purchasing office in which fifty percent (50%) or more of the purchasing agents hold a certification from the Universal Public Purchasing Certification Council or other nationally recognized purchasing certification, and in which, in the case of a state agency purchasing office, in addition to the national certification, one hundred percent (100%) of the purchasing officials hold a certification from the State of Mississippi's Basic or Advanced Purchasing Certification Program.
(j) "Certified Mississippi Purchasing Agent" means a state agency purchasing official who holds a certification from the Mississippi Basic Purchasing Certification Program as established by the Office of Purchasing, Travel and Fleet Management.
(k) "Certified Mississippi Procurement Manager" means a state agency purchasing official who holds a certification from the Mississippi Advanced Purchasing Certification Program as established by the Office of Purchasing, Travel and Fleet Management.
SECTION 6. Section 37-140-5, Mississippi Code of 1972, is amended as follows:
37-140-5. (1) The school shall be governed by the State Board of Education. The board shall develop a plan relating to the opening, operation and funding of the school to be presented to the Legislature during the 2000 Regular Session. The plan shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.
(2) The State Superintendent of Public Education shall appoint an advisory panel to assist the board in developing the plan relating to the school. The advisory panel shall consist of the following twelve (12) appointed or designated members:
(a) Three (3) licensed school teachers or administrators, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;
(b) Three (3) citizens or professionals representing the areas of dance, creative writing, literature, music, theater arts or visual arts, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;
(c) Three (3) citizens knowledgeable in business, personnel management or public administration, with at least three (3) years' actual experience therein, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts.
(d) One (1) member shall be a representative of the Mississippi Arts Commission to be designated by the commission, one (1) member shall be a representative of the Mississippi Humanities Council to be designated by the council, and one (1) member shall be a representative of the state institutions of higher learning in Mississippi which offer degrees in visual, fine and performing arts, to be designated by the Board of Trustees of State Institutions of Higher Learning.
Appointments to the advisory panel shall be made within ninety (90) days of April 23, 1999. The advisory panel shall meet upon the call of the State Superintendent of Public Education and shall organize for business by selecting a chairman and vice chairman/secretary for keeping records of the panel. Members of the advisory panel shall receive no compensation but may be reimbursed for necessary expenses and mileage for attending meetings and necessary business of the panel, in the amount authorized for state employees under Section 25-3-41.
(3) The board may utilize the staff of the State Department of Education and other state agencies as may be required for the implementation of this chapter. The department may employ any personnel deemed necessary by the board for assisting in the development and implementation of the plan relating to the opening, operation and funding of the school. The board also may contract or enter into agreements with other agencies or private entities which it deems necessary to carry out its duties and functions relating to the opening and operation of the school.
(4) To the extent possible, the board shall enter into agreements with the Board of Trustees of the Brookhaven Municipal Separate School District for the dual enrollment of students for the purpose of teaching academic courses to students attending the school, and the local school board shall be fully authorized to offer any such courses to students attending the school. The State Board of Education may develop and issue necessary regulations for the coordination of such courses for these students, the preparation and transfer of transcripts, and the reimbursement of any costs incurred by the school district for providing such services.
(5) The board may enter into agreements with public school districts to authorize students enrolled in such school districts to participate in the fine arts programs at the school to the extent that adequate space is available. The parent or guardian of any student participating in fine arts programs at the school under this subsection shall be responsible for transporting the student to and from the school.
(6) * * * Effective July 1,
2020, all administrative, instructional and noninstructional employees of the
Mississippi School of the Arts shall be transferred from state service and the
authority of the State Personnel Board to employment status as employees of the
Mississippi School of the Arts. All administrative and instructional employees
at the said school shall enter into written contracts of employment to indicate
and cover the period for which they are respectively employed. All such
contracts for administrative and instructional employees shall be exempt from
the requirements of the Public Procurement Review Board for state agency
employment contracts. The State Board of Education may set and determine
qualifications necessary for such employees and may appoint a subcommittee of
the board for the purpose of authorizing the execution of such employment
contracts on a timely basis. Such administrators and employees shall be
offered contracts by the Superintendent/Executive Director of the MSA and * * * all such contracts and employment rights prescribed
thereunder shall be awarded and governed in accordance with Sections 37-9-1, et
seq., as applicable, and Section 37-7-307. Any and all references within
Section 37-9-1 et seq., to a "local school district" shall apply to
MSA and any and all references to a "local school board" shall apply
to the State Board of Education's role as defined in Section 37-140-1. The
MSA may renew employment or nonrenew employment with such administrative and
instructional employees in accordance with the provisions of said sections
relating to school district employment. Noninstructional employees of the MSA
shall be full-time employees of the MSA and shall serve at the will and
pleasure of the Superintendent of the MSA. All salaries and contracts shall be
subject to the approval of the State Board of Education, and the MSA may
continue to use the teacher salary scale for its instructional employees which
is in effect on January 1, 2019. Any unused leave accumulated at the
Mississippi School of the Arts shall be transferred in accordance with the
provisions of Section 37-7-307. There shall be no interruption of service with
the Public Employees' Retirement System and the State and School Employees'
Health Insurance Plan for administrative, instructional and noninstructional
employees due to an employee's employment status under this subsection. The
MSA shall not be considered a local educational agency for the same purposes
and to the same extent that all other school districts in the state are deemed
local educational agencies under applicable federal law. The MSA may receive
donations or grants from any public or private source, including any federal
funding that may be available to the schools within the MSA.
SECTION 7. This act shall take effect and be in force from and after July 1, 2020.