MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Education
By: Representative McCarty
AN ACT TO CREATE THE "GROW YOUR OWN TEACHER EDUCATION ACT" FOR THE PURPOSE OF ESTABLISHING A STATEWIDE PILOT INITIATIVE, TO PREPARE HIGHLY SKILLED, COMMITTED TEACHERS WHO WILL TEACH IN HARD-TO-STAFF SCHOOLS AND HARD-TO-STAFF TEACHING POSITIONS; TO DEFINE TERMINOLOGY; TO PROVIDE THAT THE INITIATIVE IS CREATED TO BE ADMINISTERED AS A GRANT COMPETITION TO FUND CONSORTIA THAT WILL CARRY OUT GROW YOUR OWN TEACHER PREPARATION PROGRAMS; TO REQUIRE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, SUBJECT TO APPROPRIATION, TO ALLOCATE FUNDS TO GROW YOUR OWN MISSISSIPPI FOR THE PURPOSE OF ADMINISTERING THE PROGRAM AND AWARDING GRANTS TO QUALIFIED CONSORTIA; TO PRESCRIBE THE CRITERIA NECESSARY FOR A CONSORTIA TO BE ELIGIBLE FOR RECEIPT OF A GRANT; TO REQUIRE EACH CONSORTIA OFFER A TEACHER ACADEMY PATHWAY OPTION AS A TOOL TO RECRUIT QUALIFIED, HIGH-QUALITY HIGH SCHOOL STUDENTS FOR THE TEACHING PROFESSION, TO PRESCRIBE THE MINIMUM REQUIREMENTS AND STANDARDS OF OPERATIONS FOR A TEACHER ACADEMY PROGRAM; TO REQUIRE EVERY PROGRAM UNDER THE INITIATIVE TO IMPLEMENT A PROGRAM OF FORGIVABLE LOANS TO COVER ANY PORTION OF TUITION, BOOKS AND FEES OF CANDIDATES THAT EXCEED THE CANDIDATES' GRANTS-IN-AID; TO PROVIDE THAT LOANS SHALL BE FULLY FORGIVEN IF A GRADUATE COMPLETES THREE YEARS OF SERVICE IN HARD-TO-STAFF SCHOOLS OR HARD-TO-STAFF TEACHING POSITIONS; TO PERMIT GROW YOUR OWN MISSISSIPPI TO AWARD AND ADMINISTER PLANNING GRANTS TO POTENTIAL CONSORTIA; TO REQUIRE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO CONTRACT FOR AN INDEPENDENT EVALUATION OF PROGRAM IMPLEMENTATION BY EACH PARTICIPATING CONSORTIA AND OF THE IMPACT OF EACH PROGRAM; TO AMEND SECTION 37-151-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTION 37-15-38, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; 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 "Grow Your Own Teacher Education Act."
SECTION 2. (1) The Grow Your Own Teacher preparation programs established under this act shall comprise a major new statewide pilot initiative, known as the Grow Your Own Teacher Education Initiative, to prepare highly skilled, committed teachers who will teach in hard-to-staff schools and hard-to-staff teaching positions and who will remain in these schools for substantial periods of time.
(2) The Grow Your Own Teacher Education Initiative shall help to create a statewide pipeline of teachers who are likely to become effective teachers statewide in hard-to-staff schools serving a substantial percentage of low-income students and hard-to-staff teaching positions in schools serving a substantial percentage of low-income students. Further, the initiative shall increase the diversity of teachers, including diversity based on race and ethnicity.
(3) The Grow Your Own Teacher Education Initiative shall ensure educational rigor by effectively preparing candidates in accredited bachelor's degree programs in teaching, through which graduates shall meet the requirements to secure a Mississippi standard teaching license.
SECTION 3. As used in this act, the following terms shall have the meanings ascribed in this section unless context of use clearly requires otherwise:
(a) "Accredited educator preparation program" means a regionally accredited, Mississippi approved educator preparation program authorized to prepare individuals to fulfill all of the requirements to receive a Mississippi standard teaching license.
(b) "Cohort" means a group of teacher education candidates who are enrolled in and share experiences in the same program and are linked by their desire to become Mississippi teachers in hard-to-staff schools and by their need for the services and supports offered by the initiative. A cohort may include a high school student enrolled in a dual-credit or dual-enrollment program offered by a participating institution of higher learning.
(c) "Community organization" means a nonprofit organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a constituency that will hold the school and the school district accountable for achieving high academic standards; in addition to organizations with a geographic focus, "community organization" includes general parent organizations, organizations of special education or bilingual education parents and school employee unions.
(d) "Developmental classes" means classes in basic skill areas, such as mathematics and language arts that are prerequisite to, but not counted towards, degree requirements of an educator preparation program.
(e) "Dual-credit or dual-enrollment program" has the meaning given to that term under Section 37-15-38.
(f) "Eligible school" means a childcare facility licensed by the State Department of Health in which no less than forty percent (40%) of the children it serves are receiving subsidized care under the Department of Human Services' Child Care Payment Program, a Head Start or Early Learning Collaborative, a preschool childcare program, or a public elementary, middle, or secondary school in this state that serves a substantial percentage of low-income students and that is either hard-to-staff or has hard-to-staff teaching positions.
(g) "Hard-to-staff school" means an early childcare facility licensed by the State Department of Health in which no less than forty percent (40%) of the children it serves are receiving subsidized care under the Department of Human Services' Child Care Payment Program, a Head Start or Early Learning Collaborative, a preschool childcare program, or a public elementary, middle, or secondary school in this state that, based on data compiled by the State Board of Education in conjunction with the Board of Trustees of State Institutions of Higher Learning, serves a substantial percentage of low-income students, as defined by the Board of Trustees of State Institutions of Higher Learning.
(h) "Hard-to-staff teaching position" means a teaching category (such as special education, bilingual education, mathematics, or science) as defined by the State Board of Education, in which statewide data compiled by the board in conjunction with the Board of Trustees of State Institutions of Higher Learning indicates a multi-year pattern of substantial teacher shortage or that has been identified as a critical need area by the State Board of Education.
(i) "Initiative" means the Grow Your Own Teacher Education Initiative created under this act.
(j) "Para educator" means an individual with a history of demonstrated accomplishments in school staff positions (such as teacher assistants, school-community liaisons, school clerks, and security aides) in schools that meet the definition of a hard-to-staff school under this section.
(k) "Parent and community leader" means an individual who has or had a child enrolled in a school or schools that meet the definition of a hard-to-staff school under this section and who has a history of active involvement in the school or who has a history of working to improve schools serving a substantial percentage of low-income students, including membership in a community organization.
(l) "Program" means a Grow Your Own Teacher preparation program established by a consortium under this act.
(m) "Schools serving a substantial percentage of low-income students" means schools that maintain any of grades pre-kindergarten through 8, in which at least thirty-five percent (35%) of the students are eligible to receive free or reduced-price lunches and schools that maintain any of Grades 9 through 12, in which at least twenty-five percent (25%) of the students are eligible to receive free or reduced price lunches.
SECTION 4. The Grow Your Own Teacher Education Initiative is created to administer the initiative as a grant competition to fund consortia that will carry out Grow Your Own Teacher preparation programs.
SECTION 5. (1) The Board of Trustees of State Institutions of Higher Learning shall, subject to appropriation, allocate funds to Grow Your Own Mississippi for the purpose of administering the program and awarding grants as needed to qualified consortia that reflect the distribution and diversity of hard-to-staff schools and hard-to-staff positions across this state. In awarding grants, Grow Your Own Mississippi shall select programs which successfully address initiative criteria, and which reflect a diversity of strategies in terms of serving urban areas, serving rural areas, the nature of the participating institutions of higher learning, and the nature of hard-to-staff schools and hard-to-staff teaching positions on which a program is focused.
(2) Grow Your Own Mississippi shall select, manage and oversee consortia that meet the following requirements:
(a) A consortium shall be composed of at least one (1) public or private four-year institution of higher learning within the State of Mississippi with an accredited educator preparation program, at least one (1) school district or group of schools, and one or more community organizations. The consortium membership may also include a two-year institution of higher learning, a school employee union or a regional office of education;
(b) The four-year institution of higher learning participating in the consortium shall have demonstrated success in preparing teachers for elementary or secondary schools serving a substantial percentage of low-income students;
(c) The consortium shall focus on a clearly defined set of eligible schools that will participate in the program. The consortium shall articulate the steps that it will carry out in preparing teachers for its participating schools and in preparing teachers for one or more hard-to-staff teaching positions in those schools;
(d) The consortium shall recruit potential candidates for the program and shall take into consideration when selecting a candidate whether the candidate:
(i) Holds a high school diploma or its equivalent or is a current high school student enrolled in a dual-credit or dual-enrollment program offered by a participating institution of higher learning;
(ii) Meets either the definition of "parent and community leader" or the definition of "para educator" contained in Section 3 of this act;
(iii) Exhibits a willingness to be a teacher in a
hard-to-staff school with the goal of maintaining academic excellence;
(iv) Shows an interest in postsecondary education
and may hold an associate's degree, a bachelor's degree, or another postsecondary degree, but a postsecondary education is not required;
(v) Is a parent, a para educator, a community leader, or any other individual from a community with a hard-to-staff school;
(vi) Commits to completing and passing all state standards, including the licensure test to obtain an educator license;
(vii) Shows a willingness to set high standards of performance for himself or herself and students; and
(viii) Demonstrates commitment to the program by:
1. Maintaining a cumulative grade point average of at least a 2.0 on a 4.0 scale, or the equivalent as determined by the Board of Trustees of State Institutions of Higher Learning;
2. Attending monthly cohort meetings; and
3. Applying for financial aid from all other financial aid resources before applying for assistance from the program;
(e) The consortium shall employ effective procedures for teaching the skills and knowledge needed to prepare highly competent teachers. Professional preparation shall include on-going direct experience in target schools and evaluation of this experience;
(f) The consortium shall offer the program to cohorts of candidates, as defined in Section 3 of this act, on a schedule that enables candidates to work full time while participating in the program and allows para educators to continue in their current positions. In any fiscal year in which an appropriation for the initiative is made, the consortium shall guarantee that support will be available to an admitted cohort for the cohort's education for that fiscal year. At the beginning of the initiative, programs that are already operating and existing cohorts of candidates under this model shall be eligible for funding;
(g) The institutions of higher learning participating in the consortium shall document and agree to expend the same amount of funds in implementing the program that these institutions spend per student on similar educational programs. Grants received by the consortium shall supplement and not supplant these amounts; and
(h) Grow Your Own Mississippi shall establish and oversee additional criteria for review of proposals, including criteria that address the following issues:
(i) Previous experience of the institutions of higher education in preparing candidates for hard-to-staff schools and positions and in working with students with nontraditional backgrounds;
(ii) The quality of the implementation plan, including strategies for overcoming institutional barriers to the progress of nontraditional candidates;
(iii) If a community or junior college is a participant, the nature and extent of existing articulation agreements and guarantees between the community or junior college and the four-year institution of higher learning;
(iv) The number of candidates to be educated in the planned cohort or cohorts and the capacity of the consortium for adding cohorts in future cycles;
(v) Experience of the community organization or organizations in organizing parents and community leaders to achieve school improvement and a strong relational school culture;
(vi) The qualifications of the person or persons
designated by the four-year institution of higher learning to be responsible for cohort support and the development of a shared learning and social environment among candidates;
(vii) The consortium's plan for collective consortium decision-making, involving all consortium members, including mechanisms for candidate input;
(viii) The consortium's plan for direct impact of the program on the quality of education in the eligible schools;
(ix) The relevance of the curriculum to the needs of the eligible schools and positions, and the use in curriculum and instructional planning of principles for effective education for adults;
(x) The availability of classes under the program in places and times accessible to the candidates;
(xi) Provision of a level of performance to be maintained by candidates as a condition of continuing in the program;
(xii) The plan of the four-year institution of higher learning to ensure that candidates take advantage of existing financial aid resources before using the loan funds described in Section 6 of this act;
(xiii) The availability of supportive services, including, but not limited to, counseling, tutoring, transportation, technology and technology support, and child care;
(xiv) A plan for continued participation of graduates of the program in a program of support for at least two (2) years, including mentoring and group meetings;
(xv) A plan for testing and qualitative evaluation of candidates' teaching skills that ensures that graduates of the program are as prepared for teaching as other individuals completing the institution of higher learning's preparation program for the certificate sought;
(xvi) A plan for internal evaluation that provides
reports at least yearly on the progress of candidates towards graduation and the impact of the program on the target schools and their communities;
(xvii) Contributions from schools, school districts, and other consortia members to the program, including stipends for candidates during their student teaching;
(xviii) Consortium commitment for sustaining the program over time, as evidenced by plans for reduced requirements for external funding, in subsequent cycles; and
(xix) The inclusion in the planned program of strategies derived from community organizing that will help candidates develop tools for working with parents and other community members.
(3) Subject to the requirements under Section 37-15-38, a participating institution of higher learning may offer a high school student a dual-credit or dual-enrollment program under the program.
(4) The Board of Trustees of State Institutions of Higher Learning may not adopt rules regarding candidate eligibility that are more restrictive than this section.
SECTION 6. (1) Each consortia shall offer a Teacher Academy pathway option as a tool to recruit qualified, high-quality high school students for the teaching profession while simultaneously providing such students with an opportunity to begin successful career paths into teaching. The Teacher Academy pathway shall allow qualifying high school seniors who express a desire to become a teacher to complete their senior year of high school on the campus of a consortia-member four-year institution of higher learning.
(2) The Teacher Academy pathway shall consist of the first two (2) years spent on the campus of a consortia-member four-year institution of higher learning and the last two (2) years spent back in the student's home school district or other member school or district participating as a member of the consortia with such institution of higher learning, while completing their degree requirements through online or virtual instruction with such institution of higher learning.
(3) The Teacher Academy pathway, at a minimum, shall be established as follows:
(a) During the first year of the program:
(i) High school seniors who have passed all statewide and end-of-course exams necessary for graduation and earned at least a 21 ACT composite score, may apply for admission to the program;
(ii) Students accepted into the program shall remain a student of their home district while completing their high school degree through dual-credit courses at the consortia-member four-year institution of higher learning;
(iii) Students accepted into the program shall begin core classes as time permits;
(iv) Students, with the exception of those who reside within twenty (20) miles of the campus of the consortia-member four-year institution of higher learning, shall reside and be provided, as a covered expense, room and board on the campus of such institution of higher learning; and
(v) Students shall remain enrolled in their home district, but will follow the academic calendar of the consortia-member four-year institution of higher learning;
(b) During the second year of the program, which shall be the first official year of college for participants:
(i) Students shall complete all core requirements to be admitted into the institution of higher learning's educator preparation program;
(ii) Students will be enrolled in the Summer-One, Fall-One, Winter-One, Spring-One and Summer-Two terms, provided that both Summer terms may be completed through online or virtual instruction;
(iii) Students shall reside and be provided, as a covered expense, room and board on the campus of such institution of higher learning; and
(c) During the third and fourth years of the program:
(i) Students shall return to their home school districts or other consortia-member schools or districts participating in the program with the consortia-member four-year institution of higher learning, and will complete their junior- and senior-level educator preparation courses, including student teaching and other practicum experiences, through online or virtual instruction with such institution of higher learning;
(ii) Students in the program shall be financially responsible for tuition cost for the last two (2) years of the program, which such tuition shall be eligible for the fifty percent (50%) tuition reduction that is a provision of the Teacher Assistant scholarship program. Local districts are encouraged to seek financial assistance through local foundations and businesses to cover remaining tuition costs; and
(iii) Students are encouraged to seek employment as an assistant teacher with their home school district or other consortia-member schools or districts. In the event that is not possible, the local school districts shall use the students as full-time residents in their district while they complete their degree.
(4) Local school districts which become members of a consortia shall assign adequate education program allotments for each student to the participating consortia-member four-year institution of higher learning for the student's first year of enrollment in the Teacher Academy program, in the manner provided in Section 37-151-7(1)(a).
SECTION 7. (1) Every program under the initiative shall implement a program of forgivable loans to cover any portion of tuition, books and fees of candidates under the program in excess of the candidates' grants-in-aid. All students admitted to a cohort shall be eligible for a forgivable student loan. Loans shall be fully forgiven if a graduate completes three (3) years of service in hard-to-staff schools or hard-to-staff teaching positions, with partial forgiveness for shorter periods of service. Grow Your Own Mississippi shall establish standards for the approval of requests for waivers or deferrals from individuals to waive this obligation and shall also define standards for the fiscal management of these loan funds.
(2) Grow Your Own Mississippi shall award grants under the initiative in such a way as to provide the required support for a cohort of candidates for any fiscal year in which an appropriation for the initiative is made. Program budgets must show expenditures and needed funds for the entire period that candidates are expected to be enrolled.
(3) No funds under the initiative may be used to supplant the average per-capita expenditures by the institution of higher learning for candidates.
(4) Where necessary, program budgets shall include the costs of child care and other indirect expenses, such as transportation, tutoring, technology, and technology support, necessary to permit candidates to maintain their class schedules. Grant funds may be used by any member of a consortium to offset such costs, and the services may be provided by the community organization or organizations, by any other member of the consortium, or by independent contractors.
(5) The institution of higher learning may expend grant funds to cover the additional costs of offering classes in community settings and for tutoring services.
(6) The community organization or organizations may receive a portion of the grant money for the expenses of recruitment, community orientation, and counseling of potential candidates, for providing space in the community, and for working with school personnel to facilitate individual work experiences and support of candidates.
(7) The school district or school employee union or both may receive a portion of the grant money for expenses of supporting the work experiences of candidates and providing mentors for graduates. School districts may also use these or other available public funds to pay participants in programs under the initiative for student teaching required by an accredited educator preparation program.
(8) One or more members of the consortium may expend funds to cover the salary of a site-based cohort coordinator.
(9) Grant funds may also be expended to pay directly for required developmental classes for candidates beginning a program.
SECTION 8. Grow Your Own Mississippi may, in its discretion, award and administer a small number of planning grants during any fiscal year to potential consortia.
SECTION 9. The Board of Trustees of State Institutions of Higher Learning shall contract for an independent evaluation of program implementation by each of its participating consortia and of the impact of each program, including the extent of candidate persistence in program enrollment, acceptance as an education major in a four-year institution of higher learning, completion of a bachelor's degree in teaching, obtaining a teaching position in a target school or similar school, subsequent effectiveness as a teacher, and persistence in teaching in a target school or similar school. The evaluation shall assess the initiative's overall effectiveness and shall identify particular program strategies that are especially effective.
SECTION 10. Funding of the initiative is subject to appropriation.
SECTION 11. The Board of Trustees of State Institutions of Higher Learning may adopt any rules necessary to carry out its responsibilities under this act.
SECTION 12. 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) or participating in a Teacher Academy or Grow Your Own Teacher Preparation Program, as prescribed in Sections 1 through 11 of this act and operated through a Dual Enrollment-Dual Credit Program. 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) Special education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(iv) Gifted education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(v) Alternative school program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(vi) 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.
(vii) 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.
(viii) 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) special education, (iv) gifted education, (v) alternative school, (vi) extended school year, (vii) university-based, and (viii) 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), Mississippi Code of 1972; (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), Mississippi Code of 1972; 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) Provided, however, that 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, Mississippi Code of 1972, 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, Mississippi Code of 1972, 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, Mississippi Code of 1972, or debt issued by boards of supervisors for agricultural high schools pursuant to Section 37-27-65, Mississippi Code of 1972, or lease-purchase contracts entered into pursuant to Section 31-7-13, Mississippi Code of 1972, 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, Mississippi Code of 1972.
(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 13. Section 37-15-38, Mississippi Code of 1972, is brought forward as follows:
37-15-38. (1) The following phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) A dual enrolled student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school.
(b) A dual credit student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school and who is receiving high school and college credit for postsecondary coursework.
(2) A local school board, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall establish a dual enrollment system under which students in the school district who meet the prescribed criteria of this section may be enrolled in a postsecondary institution in Mississippi while they are still in school.
(3) Dual credit eligibility. Before credits earned by a qualified high school student from a community or junior college or state institution of higher learning may be transferred to the student's home school district, the student must be properly enrolled in a dual enrollment program.
(4) Admission criteria for dual enrollment in community and junior college or university programs. The Mississippi Community College Board and the Board of Trustees of State Institutions of Higher Learning may recommend to the State Board of Education admission criteria for dual enrollment programs under which high school students may enroll at a community or junior college or university while they are still attending high school and enrolled in high school courses. Students may be admitted to enroll in community or junior college courses under the dual enrollment programs if they meet that individual institution's stated dual enrollment admission requirements.
(5) Tuition and cost responsibility. Tuition and costs for university-level courses and community and junior college courses offered under a dual enrollment program may be paid for by the postsecondary institution, the local school district, the parents or legal guardians of the student, or by grants, foundations or other private or public sources. Payment for tuition and any other costs must be made directly to the credit-granting institution.
(6) Transportation responsibility. Any transportation required by a student to participate in the dual enrollment program is the responsibility of the parent, custodian or legal guardian of the student. Transportation costs may be paid from any available public or private sources, including the local school district.
(7) School district average daily attendance credit. When dually enrolled, the student may be counted, for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school.
(8) High school student transcript transfer requirements. Grades and college credits earned by a student admitted to a dual credit program must be recorded on the high school student record and on the college transcript at the university or community or junior college where the student attends classes. The transcript of the university or community or junior college coursework may be released to another institution or applied toward college graduation requirements.
(9) Determining factor of prerequisites for dual enrollment courses. Each university and community or junior college participating in a dual enrollment program shall determine course prerequisites. Course prerequisites shall be the same for dual enrolled students as for regularly enrolled students at that university or community or junior college.
(10) Process for determining articulation of curriculum between high school, university, and community and junior college courses. All dual credit courses must meet the standards established at the postsecondary level. Postsecondary level developmental courses may not be considered as meeting the requirements of the dual credit program. Dual credit memorandum of understandings must be established between each postsecondary institution and the school district implementing a dual credit program.
(11) [Deleted]
(12) Eligible courses for dual credit programs. Courses eligible for dual credit include, but are not necessarily limited to, foreign languages, advanced math courses, advanced science courses, performing arts, advanced business and technology, and career and technical courses. Distance Learning Collaborative Program courses approved under Section 37-67-1 shall be fully eligible for dual credit. All courses being considered for dual credit must receive unconditional approval from the superintendent of the local school district and the chief instructional officer at the participating community or junior college or university in order for college credit to be awarded. A university or community or junior college shall make the final decision on what courses are eligible for semester hour credits.
(13) High school Carnegie unit equivalency. One (1) three-hour university or community or junior college course is equal to one (1) high school Carnegie unit.
(14) Course alignment. The universities, community and junior colleges and the State Department of Education shall periodically review their respective policies and assess the place of dual credit courses within the context of their traditional offerings.
(15) Maximum dual credits allowed. It is the intent of the dual enrollment program to make it possible for every eligible student who desires to earn a semester's worth of college credit in high school to do so. A qualified dually enrolled high school student must be allowed to earn an unlimited number of college or university credits for dual credit.
(16) Dual credit program allowances. A student may be granted credit delivered through the following means:
(a) Examination preparation taught at a high school by a qualified teacher. A student may receive credit at the secondary level after completion of an approved course and passing the standard examination, such as an Advanced Placement or International Baccalaureate course through which a high school student is allowed CLEP credit by making a three (3) or higher on the end-of-course examination.
(b) College or university courses taught at a high school or designated postsecondary site by a qualified teacher who is an employee of the school district and approved as an instructor by the collaborating college or university.
(c) College or university courses taught at a college, university or high school by an instructor employed by the college or university and approved by the collaborating school district.
(d) Online courses of any public university, community or junior college in Mississippi.
(17) Qualifications of dual credit instructors. A dual credit academic instructor must meet the requirements set forth by the regional accrediting association (Southern Association of College and Schools). University and community and junior college personnel have the sole authority in the selection of dual credit instructors.
A dual credit career and technical education instructor must meet the requirements set forth by the Mississippi Community College Board in the qualifications manual for postsecondary career and technical personnel.
(18) Guidance on local agreements. The Chief Academic Officer of the State Board of Trustees of State Institutions of Higher Learning and the Chief Instructional Officers of the Mississippi Community College Board and the State Department of Education, working collaboratively, shall develop a template to be used by the individual community and junior colleges and institutions of higher learning for consistent implementation of the dual enrollment program throughout the State of Mississippi.
(19) Mississippi Works Dual Enrollment-Dual Credit Option. A local school board and the local community colleges board shall establish a Mississippi Works Dual Enrollment-Dual Credit Option Program under which potential or recent student dropouts may dually enroll in their home school and a local community college in a dual credit program consisting of high school completion coursework and a community college credential, certificate or degree program. Students completing the dual enrollment-credit option may obtain their high school diploma while obtaining a community college credential, certificate or degree. The Mississippi Department of Employment Security shall assist students who have successfully completed the Mississippi Works Dual Enrollment-Dual Credit Option in securing a job upon the application of the student or the participating school or community college. The Mississippi Works Dual Enrollment-Dual Credit Option Program will be implemented statewide in the 2012-2013 school year and thereafter. The State Board of Education, local school board and the local community college board shall establish criteria for the Dual Enrollment-Dual Credit Program. Students enrolled in the program will not be eligible to participate in interscholastic sports or other extracurricular activities at the home school district. Tuition and costs for community college courses offered under the Dual Enrollment-Dual Credit Program shall not be charged to the student, parents or legal guardians. When dually enrolled, the student shall be counted for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school, as provided in Section 37-151-7(1)(a). Any transportation required by the student to participate in the Dual Enrollment-Dual Credit Program is the responsibility of the parent or legal guardian of the student, and transportation costs may be paid from any available public or private sources, including the local school district. Grades and college credits earned by a student admitted to this Dual Enrollment-Dual Credit Program shall be recorded on the high school student record and on the college transcript at the community college and high school where the student attends classes. The transcript of the community college coursework may be released to another institution or applied toward college graduation requirements. Any course that is required for subject area testing as a requirement for graduation from a public school in Mississippi is eligible for dual credit, and courses eligible for dual credit shall also include career, technical and degree program courses. All courses eligible for dual credit shall be approved by the superintendent of the local school district and the chief instructional officer at the participating community college in order for college credit to be awarded. A community college shall make the final decision on what courses are eligible for semester hour credits and the local school superintendent, subject to approval by the Mississippi Department of Education, shall make the final decision on the transfer of college courses credited to the student's high school transcript.
SECTION 14. This act shall take effect and be in force from and after July 1, 2022.