MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Education; Appropriations
By: Representative Massengill
AN ACT TO REQUIRE FUNDING FOR SPECIAL EDUCATION TO BE APPROPRIATED TO THE STATE BOARD OF EDUCATION AS A SEPARATE LINE ITEM IN THE K-12 EDUCATION GENERAL SUPPORT APPROPRIATIONS BILL; TO PRESCRIBE A FORMULA FOR DETERMINING ALLOCATIONS OF SPECIAL EDUCATION FUNDS TO THE LOCAL SCHOOL DISTRICTS; TO REQUIRE DISTRICTS TO PLACE SPECIAL EDUCATION FUNDS RECEIVED IN A SEPARATE ACCOUNT TO BE ADMINISTERED BY THE PROPER DISTRICT PERSONNEL RESPONSIBLE FOR DIRECTING OR COORDINATING SPECIAL EDUCATION SERVICES; TO AMEND SECTIONS 37-151-5, 37-151-7 AND 37-151-81, MISSISSIPPI CODE OF 1972, TO REMOVE SPECIAL EDUCATION PROGRAMS FROM THE ADD-ON PROGRAM COSTS INCLUDED IN APPROPRIATIONS UNDER THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Beginning with the appropriation for fiscal year 2022, funding for the special education program required under Chapter 23, Title 37, Mississippi Code of 1972, shall be appropriated to the State Board of Education as a separate line item in the K-12 education general support appropriations bill. The State Board of Education shall allocate the special education funding to each school district as follows:
(a) For each teacher employed by a school district in a program for exceptional children, as defined in Section 27-23-3, which is approved by the State Department of Education, an amount equal to one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, based on the type of license and number of years' teaching experience held by each approved special education teacher, plus an amount equal to one hundred percent (100%) of the applicable employer's rate for social security and contributions to the state retirement system.
(b) Funds appropriated for the special education program shall be allocated to each school district as prescribed under paragraph (a) and the estimated number of new teacher units requested by the district and approved by the State Department of Education for instruction and related support services provided to exceptional children based on each eligible child's Individualized Education Plan (IEP). Once received by the district, the funds shall be deposited into an account separate from the general state aid funds received by the district under the adequate education program. The fund shall be administered by the district special education director or coordinator, or if there is no such position within the district, then by the superintendent of schools, or his or her appointed designee, and shall be used for purposes specified under this section and other applicable provisions of law providing for the instruction, services, equipment, necessary accommodations and support of exceptional children as required under IDEA and Chapter 23, Title 37, Mississippi Code of 1972.
SECTION 2. Section 37-151-5, Mississippi Code of 1972, is amended as follows:
37-151-5. As used in Sections 37-151-5 and 37-151-7:
(a) "Adequate program" or "adequate education program" or "Mississippi Adequate Education Program (MAEP)" shall mean the program to establish adequate current operation funding levels necessary for the programs of such school district to meet at least a successful Level III rating of the accreditation system as established by the State Board of Education using current statistically relevant state assessment data.
(b) "Educational programs or elements of programs not included in the adequate education program calculations, but which may be included in appropriations and transfers to school districts" shall mean:
(i) "Capital outlay" shall mean those funds used for the constructing, improving, equipping, renovating or major repairing of school buildings or other school facilities, or the cost of acquisition of land whereon to construct or establish such school facilities.
(ii) "Pilot programs" shall mean programs of a pilot or experimental nature usually designed for special purposes and for a specified period of time other than those included in the adequate education program.
(iii) "Adult education" shall mean public education dealing primarily with students above eighteen (18) years of age not enrolled as full-time public school students and not classified as students of technical schools, colleges or universities of the state.
(iv) "Food service programs" shall mean those programs dealing directly with the nutritional welfare of the student, such as the school lunch and school breakfast programs.
(c) "Base student" shall mean that student classification that represents the most economically educated pupil in a school system meeting the definition of successful, as determined by the State Board of Education.
(d) "Base student cost" shall mean the funding level necessary for providing an adequate education program for one (1) base student, subject to any minimum amounts prescribed in Section 37-151-7(1).
(e) "Add-on program costs" shall mean those items which are included in the adequate education program appropriations and are outside of the program calculations:
(i) "Transportation" shall mean transportation to and from public schools for the students of Mississippi's public schools provided for under law and funded from state funds.
(ii) "Vocational or technical education program" shall mean a secondary vocational or technical program approved by the State Department of Education and provided for from state funds.
* * *
( * * *iii) "Gifted education
program" shall mean those programs for the instruction of intellectually
or academically gifted children as defined and provided for in Section 37-23-175
et seq.
( * * *iv) "Alternative school
program" shall mean those programs for certain compulsory-school-age
students as defined and provided for in Sections 37-13-92 and 37-19-22.
( * * *v) "Extended school year
programs" shall mean those programs authorized by law which extend beyond
the normal school year.
( * * *vi) "University-based
programs" shall mean those university-based programs for handicapped
children as defined and provided for in Section 37-23-131 et seq.
( * * *vii) "Bus driver
training" programs shall mean those driver training programs as provided
for in Section 37-41-1.
(f) "Teacher" shall include any employee of a local school who is required by law to obtain a teacher's license from the State Board of Education and who is assigned to an instructional area of work as defined by the State Department of Education.
(g) "Principal" shall mean the head of an attendance center or division thereof.
(h) "Superintendent" shall mean the head of a school district.
(i) "School district" shall mean any type of school district in the State of Mississippi, and shall include agricultural high schools.
(j) "Minimum school term" shall mean a term of at least one hundred eighty (180) days of school in which both teachers and pupils are in regular attendance for scheduled classroom instruction for not less than sixty-three percent (63%) of the instructional day, as fixed by the local school board for each school in the school district. It is the intent of the Legislature that any tax levies generated to produce additional local funds required by any school district to operate school terms in excess of one hundred seventy-five (175) days shall not be construed to constitute a new program for the purposes of exemption from the limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs mandated by the Legislature.
(k) The term "transportation density" shall mean the number of transported children in average daily attendance per square mile of area served in a school district, as determined by the State Department of Education.
(l) The term "transported children" shall mean children being transported to school who live within legal limits for transportation and who are otherwise qualified for being transported to school at public expense as fixed by Mississippi state law.
(m) The term "year of teaching experience" shall mean nine (9) months of actual teaching in the public or private elementary and secondary schools and shall also include nine (9) months of actual teaching at postsecondary institutions accredited by the Southern Association of Colleges and Schools (SACS) or equivalent regional accrediting body for degree-granting postsecondary institutions. In no case shall more than one (1) year of teaching experience be given for all services in one (1) calendar or school year. In determining a teacher's experience, no deduction shall be made because of the temporary absence of the teacher because of illness or other good cause, and the teacher shall be given credit therefor. Beginning with the 2003-2004 school year, the State Board of Education shall fix a number of days, not to exceed forty-five (45) consecutive school days, during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term. If a teacher exceeds the number of days established by the State Board of Education that a teacher may not be under contract but may still be employed, that teacher shall not be credited with a year of teaching experience. In determining the experience of school librarians, each complete year of continuous, full-time employment as a professional librarian in a public library in this or some other state shall be considered a year of teaching experience. If a full-time school administrator returns to actual teaching in the public schools, the term "year of teaching experience" shall include the period of time he or she served as a school administrator. In determining the salaries of teachers who have experience in any branch of the military, the term "year of teaching experience" shall include each complete year of actual classroom instruction while serving in the military. In determining the experience of speech-language pathologists and audiologists, each complete year of continuous full-time post master's degree employment in an educational setting in this or some other state shall be considered a year of teaching experience. Provided, however, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees employed after July 1, 2009, who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided in Section 37-19-7 shall not be applicable to any such retired certificated employee.
(n) (i) The term
"average daily attendance" shall be the figure which results when the
total aggregate full-day attendance during the period or months counted is
divided by the number of days during the period or months counted upon which
both teachers and pupils are in regular attendance for scheduled classroom
instruction * * *.
For purposes of determining and reporting attendance, a pupil must be present
for at least sixty-three percent (63%) of the instructional day, as fixed by
the local school board for each school in the school district, in order to be
considered in full-day attendance. Prior to full implementation of the
adequate education program the department shall deduct the average daily
attendance for the alternative school program provided for in Section 37-19-22.
(ii) [Repealed]
(o) The term "local supplement" shall mean the amount paid to an individual teacher over and above the adequate education program salary schedule for regular teaching duties.
(p) The term "aggregate amount of support from ad valorem taxation" shall mean the amounts produced by the district's total tax levies for operations.
(q) The term "adequate education program funds" shall mean all funds, both state and local, constituting the requirements for meeting the cost of the adequate program as provided for in Section 37-151-7.
(r) "Department" shall mean the State Department of Education.
(s) "Commission" shall mean the Mississippi Commission on School Accreditation created under Section 37-17-3.
(t) The term "successful school district" shall mean a Level III school district as designated by the State Board of Education using current statistically relevant state assessment data.
(u) "Dual enrollment-dual credit programs" shall mean programs for potential or recent high school student dropouts to dually enroll in their home high school and a local community college in a dual credit program consisting of high school completion coursework and a credential, certificate or degree program at the community college, as provided in Section 37-15-38(19).
(v) "Charter school" means a public school that is established and operating under the terms of a charter contract between the school's governing board and the Mississippi Charter School Authorizer Board.
SECTION 3. Section 37-151-7, Mississippi Code of 1972, is amended as follows:
37-151-7. The annual allocation to each school district for the operation of the adequate education program shall be determined as follows:
(1) Computation of the basic amount to be included for current operation in the adequate education program. The following procedure shall be followed in determining the annual allocation to each school district:
(a) Determination of average daily attendance. Effective with fiscal year 2011, the State Department of Education shall determine the percentage change from the prior year of each year of each school district's average of months two (2) and three (3) average daily attendance (ADA) for the three (3) immediately preceding school years of the year for which funds are being appropriated. For any school district that experiences a positive growth in the average of months two (2) and three (3) ADA each year of the three (3) years, the average percentage growth over the three-year period shall be multiplied times the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated. The resulting amount shall be added to the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated to arrive at the ADA to be used in determining a school district's MAEP allocation. Otherwise, months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated will be used in determining a school district's MAEP allocation. In any fiscal year prior to 2010 in which the MAEP formula is not fully funded, for those districts that do not demonstrate a three-year positive growth in months two (2) and three (3) ADA, months one (1) through nine (9) ADA of the second preceding year for which funds are being appropriated or months two (2) and three (3) ADA of the preceding year for which funds are being appropriated, whichever is greater, shall be used to calculate the district's MAEP allocation. The district's average daily attendance shall be computed and currently maintained in accordance with regulations promulgated by the State Board of Education. The district's average daily attendance shall include any student enrolled in a Dual Enrollment-Dual Credit Program as defined and provided in Section 37-15-38(19). The State Department of Education shall make payments for Dual Enrollment-Dual Credit Programs to the home school in which the student is enrolled, in accordance with regulations promulgated by the State Board of Education. The community college providing services to students in a Dual Enrollment-Dual Credit Program shall require payment from the home school district for services provided to such students at a rate of one hundred percent (100%) of ADA. All MAEP/state funding shall cease upon completion of high school graduation requirements.
(b) Determination of base student cost. Effective with fiscal year 2011 and every fourth fiscal year thereafter, the State Board of Education, on or before August 1, with adjusted estimate no later than January 2, shall submit to the Legislative Budget Office and the Governor a proposed base student cost adequate to provide the following cost components of educating a pupil in a successful school district: (i) instructional cost; (ii) administrative cost; (iii) operation and maintenance of plant; and (iv) ancillary support cost. For purposes of these calculations, the Department of Education shall utilize financial data from the second preceding year of the year for which funds are being appropriated.
For the instructional cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of a number of teachers per one thousand (1,000) students that is between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average of teachers per one thousand (1,000) students. The instructional cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA into the instructional expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:
Fund 1120 Functions 1110-1199 Objects 100-999, Functions
1210, 1220, 2150-2159 Objects 210 and 215;
Fund 1130 All Functions, Object Code 210 and 215;
Fund 2001 Functions 1110-1199 Objects 100-999;
Fund 2070 Functions 1110-1199 Objects 100-999;
Fund 2420 Functions 1110-1199 Objects 100-999;
Fund 2711 All Functions, Object Code 210 and 215.
Prior to the calculation of the instructional cost component, there shall be subtracted from the above expenditures any revenue received for Chickasaw Cession payments, Master Teacher Certification payments and the district's portion of state revenue received from the MAEP at-risk allocation.
For the administrative cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of an administrative staff to nonadministrative staff between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average administrative staff to nonadministrative staff. The administrative cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA of the selected districts into the administrative expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:
Fund 1120 Functions 2300-2599, Functions 2800-2899,
Objects 100-999;
Fund 2711 Functions 2300-2599, Functions 2800-2899,
Objects 100-999.
For the plant and maintenance cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of plant and maintenance expenditures per one hundred thousand (100,000) square feet of building space and a ratio of maintenance workers per one hundred thousand (100,000) square feet of building space that are both between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average. The plant and maintenance cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA of the selected districts into the plant and maintenance expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:
Fund 1120 Functions 2600-2699, Objects 100-699
and Objects 800-999;
Fund 2711 Functions 2600-2699, Objects 100-699
and Objects 800-999;
Fund 2430 Functions 2600-2699, Objects 100-699
and Objects 800-999.
For the ancillary support cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of a number of librarians, media specialists, guidance counselors and psychologists per one thousand (1,000) students that is between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average of librarians, media specialists, guidance counselors and psychologists per one thousand (1,000) students. The ancillary cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA into the ancillary expenditures instructional expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:
Fund 1120 Functions 2110-2129, Objects 100-999;
Fund 1120 Functions 2140-2149, Objects 100-999;
Fund 1120 Functions 2220-2229, Objects 100-999;
Fund 2001 Functions 2100-2129, Objects 100-999;
Fund 2001 Functions 2140-2149, Objects 100-999;
Fund 2001 Functions 2220-2229, Objects 100-999.
The total base cost for each year shall be the sum of the instructional cost component, administrative cost component, plant and maintenance cost component and ancillary support cost component, and any estimated adjustments for additional state requirements as determined by the State Board of Education. Provided, however, that the base student cost in fiscal year 1998 shall be Two Thousand Six Hundred Sixty-four Dollars ($2,664.00).
For each of the fiscal years between the recalculation of the base student cost under the provisions of this paragraph (b), the base student cost shall be increased by an amount equal to forty percent (40%) of the base student cost for the previous fiscal year, multiplied by the latest annual rate of inflation for the State of Mississippi as determined by the State Economist, plus any adjustments for additional state requirements such as, but not limited to, teacher pay raises and health insurance premium increases.
(c) Determination of the basic adequate education program cost. The basic amount for current operation to be included in the Mississippi Adequate Education Program for each school district shall be computed as follows:
Multiply the average daily attendance of the district by the base student cost as established by the Legislature, which yields the total base program cost for each school district.
(d) Adjustment to the base student cost for at-risk pupils. The amount to be included for at-risk pupil programs for each school district shall be computed as follows: Multiply the base student cost for the appropriate fiscal year as determined under paragraph (b) by five percent (5%), and multiply that product by the number of pupils participating in the federal free school lunch program in such school district, which yields the total adjustment for at-risk pupil programs for such school district.
(e) Add-on program cost. The amount to be allocated to school districts in addition to the adequate education program cost for add-on programs for each school district shall be computed as follows:
(i) Transportation cost shall be the amount allocated to such school district for the operational support of the district transportation system from state funds.
(ii) Vocational or technical education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
* * *
( * * *iii) Gifted education program cost
shall be the amount allocated to such school district from state funds for the
operational support of such programs.
( * * *iv) Alternative school program cost
shall be the amount allocated to such school district from state funds for the
operational support of such programs.
( * * *v) Extended school year programs
shall be the amount allocated to school districts for those programs authorized
by law which extend beyond the normal school year.
( * * *vi) University-based programs shall
be the amount allocated to school districts for those university-based programs
for handicapped children as defined and provided for in Section 37-23-131 et
seq., Mississippi Code of 1972.
( * * *vii) Bus driver training programs
shall be the amount provided for those driver training programs as provided for
in Section 37-41-1, Mississippi Code of 1972.
The sum of the items listed
above (i) transportation, (ii) vocational or technical education, * * * ( * * *iii) gifted education, ( * * *iv) alternative school, ( * * *v) extended school year, ( * * *vi) university-based, and ( * * *vii) bus driver training shall yield
the add-on cost for each school district.
(f) Total projected adequate education program cost. The total Mississippi Adequate Education Program cost shall be the sum of the total basic adequate education program cost (paragraph (c)), and the adjustment to the base student cost for at-risk pupils (paragraph (d)) for each school district. In any year in which the MAEP is not fully funded, the Legislature shall direct the Department of Education in the K-12 appropriation bill as to how to allocate MAEP funds to school districts for that year.
(g) The State Auditor shall annually verify the State Board of Education's estimated calculations for the Mississippi Adequate Education Program that are submitted each year to the Legislative Budget Office on August 1 and the final calculation that is submitted on January 2.
(2) Computation of the required local revenue in support of the adequate education program. The amount that each district shall provide toward the cost of the adequate education program shall be calculated as follows:
(a) The State Department of Education shall certify to each school district that twenty-eight (28) mills, less the estimated amount of the yield of the School Ad Valorem Tax Reduction Fund grants as determined by the State Department of Education, is the millage rate required to provide the district required local effort for that year, or twenty-seven percent (27%) of the basic adequate education program cost for such school district as determined under paragraph (c), whichever is a lesser amount. In the case of an agricultural high school, the millage requirement shall be set at a level which generates an equitable amount per pupil to be determined by the State Board of Education. The local contribution amount for school districts in which there is located one or more charter schools will be calculated using the following methodology: using the adequate education program twenty-eight (28) mill value, or the twenty-seven percent (27%) cap amount (whichever is less) for each school district in which a charter school is located, an average per pupil amount will be calculated. This average per pupil amount will be multiplied times the number of students attending the charter school in that school district. The sum becomes the charter school's local contribution to the adequate education program.
(b) The State
Department of Education shall determine the following from the annual
assessment information submitted to the department by the tax assessors of the
various counties: (i) the total assessed valuation of nonexempt property for
school purposes in each school district; (ii) assessed value of exempt property
owned by homeowners aged sixty-five (65) or older or disabled as defined in
Section 27-33-67(2) * * *; (iii) the school district's tax loss from
exemptions provided to applicants under the age of sixty-five (65) and not
disabled as defined in Section 27-33-67(1) * * *; and (iv) the school
district's homestead reimbursement revenues.
(c) The amount of the total adequate education program funding which shall be contributed by each school district shall be the sum of the ad valorem receipts generated by the millage required under this subsection plus the following local revenue sources for the appropriate fiscal year which are or may be available for current expenditure by the school district:
One hundred percent (100%) of Grand Gulf income as prescribed in Section 27-35-309.
One hundred percent (100%) of any fees in lieu of taxes as prescribed in Section 27-31-104.
(3) Computation of the required state effort in support of the adequate education program.
(a) The required state effort in support of the adequate education program shall be determined by subtracting the sum of the required local tax effort as set forth in subsection (2)(a) of this section and the other local revenue sources as set forth in subsection (2)(c) of this section in an amount not to exceed twenty-seven percent (27%) of the total projected adequate education program cost as set forth in subsection (1)(f) of this section from the total projected adequate education program cost as set forth in subsection (1)(f) of this section.
(b) * * * However, * * * in fiscal year 2015, any increase in the
said state contribution to any district calculated under this section shall be
not less than six percent (6%) in excess of the amount received by said
district from state funds for fiscal year 2002; in fiscal year 2016, any
increase in the said state contribution to any district calculated under this
section shall be not less than four percent (4%) in excess of the amount
received by said district from state funds for fiscal year 2002; in fiscal year
2017, any increase in the said state contribution to any district calculated
under this section shall be not less than two percent (2%) in excess of the
amount received by said district from state funds for fiscal year 2002; and in
fiscal year 2018 and thereafter, any increase in the said state contribution to
any district calculated under this section shall be zero percent (0%). For
purposes of this paragraph (b), state funds shall include minimum program funds
less the add-on programs, State Uniform Millage Assistance Grant Funds,
Education Enhancement Funds appropriated for Uniform Millage Assistance Grants
and state textbook allocations, and State General Funds allocated for
textbooks.
(c) If the school
board of any school district shall determine that it is not economically
feasible or practicable to operate any school within the district for the full
one hundred eighty (180) days required for a school term of a scholastic year
as required in Section 37-13-63, * * * due to an enemy
attack, a man-made, technological or natural disaster in which the Governor has
declared a disaster emergency under the laws of this state or the President of
the United States has declared an emergency or major disaster to exist in this
state, said school board may notify the State Department of Education of such
disaster and submit a plan for altering the school term. If the State Board of
Education finds such disaster to be the cause of the school not operating for
the contemplated school term and that such school was in a school district
covered by the Governor's or President's disaster declaration, it may permit
said school board to operate the schools in its district for less than one
hundred eighty (180) days and, in such case, the State Department of Education
shall not reduce the state contributions to the adequate education program
allotment for such district, because of the failure to operate said schools for
one hundred eighty (180) days.
(4) The Interim School
District Capital Expenditure Fund is hereby established in the State Treasury
which shall be used to distribute any funds specifically appropriated by the
Legislature to such fund to school districts entitled to increased allocations
of state funds under the adequate education program funding formula prescribed
in Sections 37-151-3 through 37-151-7, * * * until such time as
the said adequate education program is fully funded by the Legislature. The
following percentages of the total state cost of increased allocations of funds
under the adequate education program funding formula shall be appropriated by
the Legislature into the Interim School District Capital Expenditure Fund to be
distributed to all school districts under the formula: Nine and two-tenths
percent (9.2%) shall be appropriated in fiscal year 1998, twenty percent (20%)
shall be appropriated in fiscal year 1999, forty percent (40%) shall be appropriated
in fiscal year 2000, sixty percent (60%) shall be appropriated in fiscal year
2001, eighty percent (80%) shall be appropriated in fiscal year 2002, and one
hundred percent (100%) shall be appropriated in fiscal year 2003 into the State
Adequate Education Program Fund. Until July 1, 2002, such money shall be used
by school districts for the following purposes:
(a) Purchasing, erecting, repairing, equipping, remodeling and enlarging school buildings and related facilities, including gymnasiums, auditoriums, lunchrooms, vocational training buildings, libraries, school barns and garages for transportation vehicles, school athletic fields and necessary facilities connected therewith, and purchasing land therefor. Any such capital improvement project by a school district shall be approved by the State Board of Education, and based on an approved long-range plan. The State Board of Education shall promulgate minimum requirements for the approval of school district capital expenditure plans.
(b) Providing necessary water, light, heating, air-conditioning, and sewerage facilities for school buildings, and purchasing land therefor.
(c) Paying debt service on existing capital improvement debt of the district or refinancing outstanding debt of a district if such refinancing will result in an interest cost savings to the district.
(d) From and after
October 1, 1997, through June 30, 1998, pursuant to a school district capital
expenditure plan approved by the State Department of Education, a school
district may pledge such funds until July 1, 2002, plus funds provided for in
paragraph (e) of this subsection (4) that are not otherwise permanently pledged
under such paragraph (e) to pay all or a portion of the debt service on debt
issued by the school district under Sections 37-59-1 through 37-59-45, 37-59-101
through 37-59-115, 37-7-351 through 37-7-359, 37-41-89 through 37-41-99, 37-7-301,
37-7-302 and 37-41-81, * * * or debt issued by boards of supervisors for
agricultural high schools pursuant to Section 37-27-65, * * * or lease-purchase
contracts entered into pursuant to Section 31-7-13, * * * or to retire or
refinance outstanding debt of a district, if such pledge is accomplished
pursuant to a written contract or resolution approved and spread upon the
minutes of an official meeting of the district's school board or board of
supervisors. It is the intent of this provision to allow school districts to
irrevocably pledge their Interim School District Capital Expenditure Fund
allotments as a constant stream of revenue to secure a debt issued under the
foregoing code sections. To allow school districts to make such an irrevocable
pledge, the state shall take all action necessary to ensure that the amount of
a district's Interim School District Capital Expenditure Fund allotments shall
not be reduced below the amount certified by the department or the district's
total allotment under the Interim Capital Expenditure Fund if fully funded, so
long as such debt remains outstanding.
(e) [Repealed]
(f) [Repealed]
(g) The State Board of
Education may authorize the school district to expend not more than twenty
percent (20%) of its annual allotment of such funds or Twenty Thousand Dollars
($20,000.00), whichever is greater, for technology needs of the school
district, including computers, software, telecommunications, cable television,
interactive video, film, low-power television, satellite communications,
microwave communications, technology-based equipment installation and
maintenance, and the training of staff in the use of such technology-based
instruction. Any such technology expenditure shall be reflected in the local
district technology plan approved by the State Board of Education under Section
37-151-17 * * *.
(h) To the extent a school district has not utilized twenty percent (20%) of its annual allotment for technology purposes under paragraph (g), a school district may expend not more than twenty percent (20%) of its annual allotment or Twenty Thousand Dollars ($20,000.00), whichever is greater, for instructional purposes. The State Board of Education may authorize a school district to expend more than said twenty percent (20%) of its annual allotment for instructional purposes if it determines that such expenditures are needed for accreditation purposes.
(i) The State Department of Education or the State Board of Education may require that any project commenced under this section with an estimated project cost of not less than Five Million Dollars ($5,000,000.00) shall be done only pursuant to program management of the process with respect to design and construction. Any individuals, partnerships, companies or other entities acting as a program manager on behalf of a local school district and performing program management services for projects covered under this subsection shall be approved by the State Department of Education.
Any interest accruing on any unexpended balance in the Interim School District Capital Expenditure Fund shall be invested by the State Treasurer and placed to the credit of each school district participating in such fund in its proportionate share.
The provisions of this subsection (4) shall be cumulative and supplemental to any existing funding programs or other authority conferred upon school districts or school boards.
(5) The State Department of Education shall make payments to charter schools for each student in average daily attendance at the charter school equal to the state share of the adequate education program payments for each student in average daily attendance at the school district in which the public charter school is located. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides as determined in subsection (2)(a) of this section.
SECTION 4. Section 37-151-81, Mississippi Code of 1972, is amended as follows:
37-151-81. * * *
( * * *1) In addition to the allowances
provided * * *
for each handicapped child who is being educated by a public school district or
is placed in accord with Section 37-23-77, * * * and whose
individualized educational program (IEP) requires an extended school year in
accord with the State Department of Education criteria, a sufficient amount of
funds shall be allocated for the purpose of providing the educational services
the student requires. The State Board of Education shall promulgate such
regulations as are required to insure the equitable distribution of these
funds. All costs for the extended school year for a particular summer shall be
reimbursed from funds appropriated for the fiscal year beginning July 1 of that
summer. If sufficient funds are not made available to finance all of the
required educational services, the State Department of Education shall expend
available funds in such a manner that it does not limit the availability of
appropriate education to handicapped students more severely than it does to
nonhandicapped students.
( * * *2) The State Department of Education
is hereby authorized to match adequate education program and other funds
allocated for provision of services to handicapped children with Division of
Medicaid funds to provide language-speech services, physical therapy and
occupational therapy to handicapped students who meet State Department of Education
or Division of Medicaid standards and who are Medicaid eligible. Provided
further, that the State Department of Education is authorized to pay such funds
as may be required as a match directly to the Division of Medicaid pursuant to
an agreement to be developed between the State Department of Education and the
Division of Medicaid.
( * * *3) In addition to other funds provided
for in this chapter, there shall be added to the allotment for each school
district for each teacher employed in a State Department of Education approved
program for gifted education, as defined in Sections 37-23-173 through
37-23-181, * * * the value of one hundred percent (100%) of the
adequate education program salary schedule prescribed in Section 37-19-7, * * * based on the type of
certificate and number of years' teaching experience held by each approved
gifted education teacher plus one hundred percent (100%) of the applicable
employer's rate for social security and state retirement.
( * * *4) When any children who are residents
of the State of Mississippi and qualify under the provisions of Section 37-23-31, * * * shall be provided a
program of education, instruction and training within a school under the
provisions of said section, the State Department of Education shall allocate
the value of one hundred percent (100%) of the adequate education program
salary schedule prescribed in Section 37-19-7, * * * for each approved
program based on the type of certificate and number of years' teaching
experience held by each approved teacher plus one hundred percent (100%) of the
applicable employer's rate for social security and state retirement. The
university or college shall be eligible for state and federal funds for such
programs on the same basis as local school districts. The university or
college shall be responsible for providing for the additional costs of the
program.
( * * *5) In addition to the allotments provided
above, a school district may provide a program of education and instruction to
children ages five (5) years through twenty-one (21) years, who are resident
citizens of the State of Mississippi, who cannot have their educational needs
met in a regular public school program and who have not finished or graduated
from high school, if those children are determined by competent medical
authorities and psychologists to need placement in a state licensed facility
for inpatient treatment, day treatment or residential treatment or a
therapeutic group home. Such program shall operate under rules, regulations,
policies and standards of school districts as determined by the State Board of
Education. If a private school approved by the State Board of Education is
operated as an integral part of the state licensed facility that provides for
the treatment of such children, the private school within the facility may
provide a program of education, instruction and training to such children by
requesting the State Department of Education to allocate one (1) teacher unit
or a portion of a teacher unit for each approved class. The facility shall be
responsible for providing any additional costs of the program.
Such funds will be allotted based on the type of certificate and number of years' teaching experience held by each approved teacher. Such children shall not be counted in average daily attendance when determining regular teacher unit allocation.
SECTION 5. This act shall take effect and be in force from and after its passage.