MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education
By: Senator(s) DeBar, Barnett, Blackwell, Blount, Boyd, Branning, Butler, Carter, Caughman, Chassaniol, Chism, DeLano, Doty, Fillingane, Frazier, Harkins, Hopson, Horhn, Jackson (11th), Jackson (15th), Jackson (32nd), Johnson, Jordan, Kirby, McCaughn, McLendon, McMahan, Michel, Moran, Norwood, Parker, Seymour, Simmons (12th), Simmons (13th), Sparks, Suber, Tate, Thomas, Thompson, Turner-Ford, Whaley, Wiggins, Witherspoon, Younger
AN ACT TO ESTABLISH THE "EQUITY IN DISTANCE LEARNING ACT" TO BE ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF EDUCATION TO PROVIDE GUIDANCE, TECHNICAL SUPPORT AND FINANCIAL REIMBURSEMENT TO SCHOOLS TO PROVIDE DISTANCE LEARNING AND ONLINE SERVICES; TO STATE LEGISLATIVE FINDINGS AND INTENT; TO DEFINE TERMS; TO ESTABLISH THE "EQUITY IN DISTANCE LEARNING GRANT PROGRAM"; TO PROVIDE THAT ALLOCATIONS UNDER THE PROGRAM SHALL BE MADE BASED ON AVERAGE DAILY ATTENDANCE; TO HIGHLY ENCOURAGE EACH SCHOOL TO COMMIT A PORTION OF ITS FEDERAL ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF (ESSER) FUNDS TO PURCHASE EQUIPMENT FOR ITS DISTANCE LEARNING PLAN; TO REQUIRE THE DEPARTMENT TO INFORM EACH SCHOOL OF ITS PORTION OF AVAILABLE FUNDS, TO DEVELOP REGULATIONS AND PROCEDURES TO GOVERN THE GRANT PROGRAM AND TO COMPILE AN EXPRESS PRODUCTS LIST; TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR SCHOOLS TO BE REIMBURSED UNDER THE GRANT PROGRAM; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "EQUITY IN DISTANCE LEARNING FUND"; TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE SEVERABLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Equity in Distance Learning Act."
SECTION 2. (1) The Mississippi Legislature finds the following:
(a) The State of Emergency and ongoing public health crisis related to COVID-19 requires all schools to plan and implement distance learning programs, and plan to facilitate safe classroom and remote instruction;
(b) The availability of unprecedented federal funding for distance learning has created a unique opportunity for schools to provide all students and teachers with better access to technology to enhance traditional classroom teaching; and
(c) In recognition that every school's technology needs are different, this act establishes the Equity in Distance Learning Grant Program to require the Mississippi Department of Education and schools to expend funds on eligible expenses, within the relevant statutory provisions of this act and the regulations promulgated, in order to assist schools in expeditiously implementing distance learning programs and facilitating safe classroom and remote instruction.
(2) Therefore, the intent of the Mississippi Legislature is:
(a) To provide funding for devices and other technology, including technology related to connectivity and online access, sufficient for students, teachers, and administrators and other staff to engage in grade-appropriate distance learning aligned with the state's College and Career Readiness Standards, and provide funding for safe classroom or remote instruction; and
(b) To provide funding for technical support and professional development to facilitate distance learning and safe classroom or remote instruction.
SECTION 3. For purposes of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Grant program" means the Equity in Distance Learning Grant Program established in this act.
(b) "Department" means the Mississippi Department of Education.
(c) "School" means public school districts, agricultural high schools, the Mississippi School for the Deaf and Blind, the Mississippi School of the Arts and the Mississippi School for Mathematics and Science and public charter schools.
(d) "COVID-19" means the Coronavirus Disease 2019.
(e) "State of Emergency" means the State of Emergency declared by Executive Order of the Governor of the State of Mississippi on March 14, 2020, and any amendments thereto or subsequent orders or amendments thereto.
(f) "Express Product List" or "EPL" means the compilation of vendors and products adopted by the department for use by schools for the purchase of devices, software, online tools, and other equipment and technology necessary to support distance learning.
(g) "Learning management system" means a software application for the administration, documentation, tracking, reporting, automation and delivery of educational courses, training programs, or learning and development programs.
(h) "Eligible expenses" means a cost incurred by a school, pursuant to this act, to facilitate or enhance distance learning capabilities under its distance learning plan, including:
(i) The purchase of laptop computers, tablets, assisted learning devices or other devices which can be used personally by a student or teacher in their home or in the classroom;
(ii) The purchase of learning management systems, software and other online tools;
(iii) The purchase and installation of hardware to provide for or enhance the internet connectivity of a school's students, including the cost of establishing personal or centrally located hotspots;
(iv) The enhancement of security related to devices or connectivity to comply with state and federal law, and to protect students, teachers and administrators and other staff working within the school;
(v) The delivery of professional development related to use of devices, connectivity and other relevant components of distance learning for teachers, students and the wider community, including parents or guardians of students enrolled in the school; and
(vi) Materials or equipment necessary to increase health and safety precautions in classrooms or other school facilities.
SECTION 4. (1) There is established the Equity in Distance Learning Grant Program which shall be administered by the department for the purpose of reimbursing schools for eligible expenses incurred in funding their distance learning plans, and in facilitating safe classroom and remote instruction.
(2) Subject to appropriations by the Legislature, allocations to schools shall be made based on average daily attendance, as defined in Section 37-151-5 and as calculated in the 2019-2020 school year. For any school not funded under the Mississippi Adequate Education Program, the department shall calculate the average-daily-attendance equivalent or fund the school based on enrollment.
(3) Subject to the provisions of this act, and other applicable federal law and regulations, schools shall have the authority to use the funds provided in this grant program in a way which best facilitates their distance learning plan, and safe classroom or remote instruction.
(4) Schools are highly encouraged to commit a portion of its federal ESSER funds as supplemental matching funds to offset the total cost of purchasing sufficient electronic devices, technological supports and systems of service for its distance learning plan.
SECTION 5. (1) The department shall:
(a) Inform each school of its portion of the funds appropriated to this grant program as provided for in Section 4(2) of this act;
(b) Develop regulations and procedures to govern the administration of this grant program, to include:
(i) A reimbursement process for schools to submit expenditures and receive reimbursement for eligible expenses from the department up to the total amount allocated to each school in Section 4 of this act;
(ii) Provide guidance to schools in the development of a technology sustainability plan, addressing how devices and other technology purchased and used by the school district, and students, teachers and other administrators and staff, will be maintained throughout their usage and replaced before the expiration of the term of their expected useful life;
(iii) Provide guidance to schools in the development of a responsible use policy for students, teachers and administrators or other staff to govern the use of devices and other technology purchased under this grant program;
(c) Provide guidance to schools on the development and implementation of a distance learning plan; and
(d) Solicit bid proposals from vendors to establish an EPL.
(2) The department may:
(a) Revise the adopted EPL based upon purchasing demands as needed to provide schools with choice in the selection of the electronic devices; and
(b) Use the federal ESSER funds set aside for administration of the program to administer this grant program, to the extent permissible under federal law.
SECTION 6. To be eligible under this grant program, a school shall:
(a) Prioritize first the purchase of products listed in Section 3(h)(i) of this act. Schools shall equip every student with a grade-appropriate device, as recommended by the department, before incurring the other expenses listed in Section 3(h)(ii) or (iii) of this act, which shall receive next priority after the products listed in Section 3(h)(i) of this act;
(b) Purchase products from vendors listed on the EPL, if using funds under this grant program, unless the school can demonstrate, to the department, that the products it purchases from vendors not listed on the EPL:
(i) Meet or exceed the technological specification and functionality required by the department; and
(ii) Can be purchased at a price that is less than any of the prices listed on the EPL for a comparable product;
(c) Submit the original, itemized receipt of purchase or an authentic copy of the receipt with its request for reimbursement;
(d) Secure insurance and submit proof of insurance for any items to be reimbursed under this program;
(e) Develop and submit to the department, by September 1, 2020:
(i) A distance learning plan, establishing an appropriate and achievable plan by the school to develop, implement and maintain distance learning capabilities with a focus on device procurement and connectivity to the internet for students and teachers. A school's distance learning plan shall make specific provision for its students with special needs, including the purchase of appropriate devices and equipment;
(ii) With the understanding that this grant program is being funded with one-time federal funds, a technology sustainability plan addressing how devices and other technology purchased and used by the school, and students, teachers and other administrators and staff, will be maintained throughout their usage and replaced before the expiration of the term of their expected useful life without additional state funds; and
(iii) A responsible use policy, addressing the use of devices and other technology purchased under this grant program. The policy shall include a provision requiring students, parents or guardians, teachers, administrators and other staff to agree in writing to the provisions in the policy, and may include fines for intentional loss or damage to devices. The policy shall also include a provision acknowledging that the school shall assume the control of ownership and liability for personal devices and other equipment purchased under this grant program until the personal device or other equipment:
1. No longer serves the school or related school purposes for which it was acquired and is sold by public auction under Section 17-25-25;
2. Is sold to students in Grade 12 under the provisions of Section 37-7-459; or
3. Is traded in to a vendor as part of a subsequent purchase; and
(f) Compile and maintain an inventory list of all devices purchased and issued to students, teachers and administrators and other staff, as well as any supporting technology or equipment used to support the school's distance learning plan.
SECTION 7. (1) There is created a special fund in the State Treasury, to be known as the "Equity in Distance Learning Fund," from which the grants authorized by this act shall be disbursed by the department. All monies shall be disbursed from the fund in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the CARES Act. If on November 1, 2020, there are unobligated monies in the fund from either the department or schools, the department shall have the discretion to distribute the monies for eligible expenditures pursuant to the CARES Act to schools by application.
(2) The use of funds allocated under this grant program shall be subject to audit by the United State Department of the Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. Each school, or other entity or person receiving funds under this grant program, found to be fully or partially noncompliant with the requirements in this act, shall return to the state all or a portion of the funds received.
SECTION 8. The department shall provide a comprehensive report on the use of funds distributed under this grant program and the effectiveness of distance learning plans adopted by schools to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and Chairs of the Senate and House Appropriation and Education Committees by October 1, 2020.
SECTION 9. If any section, paragraph, sentence, clause, phrase, or any part of this act is declared to be in conflict with federal law, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no matter affected thereby but shall remain in full force and effect.
SECTION 10. This act shall take effect and be in force from and after its passage.