MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Appropriations
By: Senator(s) Hopson
AN ACT TO MAKE CERTAIN TECHNICAL REVISIONS TO FISCAL YEAR 2024 APPROPRIATIONS; TO AMEND SECTION 7, CHAPTER 15, LAWS OF 2023, TO REVISE THE AMOUNT OF FUNDS PROVIDED FOR THE ADMINISTRATIVE SUPPORT OF THE MISSISSIPPI AUTISM BOARD FROM THE APPROPRIATION TO THE BOARD OF PSYCHOLOGY; TO AMEND SECTION 1, CHAPTER 53, LAWS OF 2023, TO REVISE THE AMOUNT OF GENERAL FUNDS APPROPRIATED TO THE MISSISSIPPI INSURANCE DEPARTMENT; TO AMEND SECTION 2, CHAPTER 53, LAWS OF 2023, TO AMEND THE AMOUNT OF SPECIAL FUNDS APPROPRIATED TO THE MISSISSIPPI INSURANCE DEPARTMENT; TO AMEND SECTION 18, CHAPTER 53, LAWS OF 2023, TO CLARIFY THAT CERTAIN FUNDING FOR THE MISSISSIPPI VOLUNTEER FIREFIGHTER LENGTH-OF-SERVICE AWARD PROGRAM IS PROVIDED FROM SPECIAL FUNDS; TO DIRECT THE STATE TREASURER, IN CONJUNCTION WITH THE STATE FISCAL OFFICER, TO TRANSFER A CERTAIN SUM FROM THE GENERAL FUND TO THE MISSISSIPPI VOLUNTEER FIREFIGHTER LENGTH-OF-SERVICE AWARD PROGRAM FUND; TO AMEND SECTION 40, CHAPTER 91, LAWS OF 2023, TO CLARIFY THAT CERTAIN CAPITAL EXPENSE FUNDS APPROPRIATED TO THE MISSISSIPPI DEPARTMENT OF HEALTH ARE FOR EXPENSES INCURRED FROM A CERTAIN PERIOD; TO AMEND SECTION 1, CHAPTER 108, LAWS OF 2023, TO REVISE THE AMOUNT OF GENERAL FUNDS APPROPRIATED TO THE STATE BOARD OF EDUCATION; TO AMEND SECTION 2, CHAPTER 108, LAWS OF 2023, TO REVISE THE AMOUNT OF SPECIAL FUNDS APPROPRIATED TO THE STATE BOARD OF EDUCATION; TO AMEND SECTION 45, CHAPTER 108, LAWS OF 2023, TO CLARIFY THAT CERTAIN FUNDS PROVIDED TO THE CHARTER SCHOOL AUTHORIZER BOARD SHALL BE PROVIDED FROM THE STATE GENERAL FUND; TO AMEND SECTION 4, CHAPTER 34, LAWS OF 2023, TO REVISE THE AMOUNT OF FOUNDS INTENDED TO BE EXPENDED FOR THE PURPOSE OF REPLACEMENT OF STRUCTURALLY DEFICIENT BRIDGES ON THE LOCAL SYSTEM BRIDGE PROGRAM FROM THE APPROPRIATION TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 37-61-33, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN CONDITIONS ON UNEXPENDED MONIES IN THE EDUCATION ENHANCEMENT FUND; TO AMEND SECTION 37-21-51, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORIZATION TO CARRY OVER CERTAIN FUNDS RELATED TO EARLY LEARNING COLLABORATIVES IF FUNDS REMAIN AFTER AWARDS UNDER THIS SECTION; TO AMEND SECTION 49-39-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY STATE AGENCY THAT RECEIVES FUNDS AWARDED BY THE BOARD FROM THE MISSISSIPPI OUTDOOR STEWARDSHIP TRUST FUND TO ESCALATE THE FUNDS; TO AMEND SECTION 27-103-204.1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE TREASURER TO ESCALATE CERTAIN BORROWED FUNDS; TO DIRECT THE STATE TREASURER, IN CONJUNCTION WITH THE STATE FISCAL OFFICER, TO TRANSFER A CERTAIN SUM FROM THE CAPITAL EXPENSE FUND TO THE FORESTRY FACILITY GRANT PROGRAM FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 7, Chapter 15, Laws of 2023, is amended as follows:
Section 7. Of the
funds appropriated in Section 1, * * * Twenty-six
Thousand Dollars ($26,000.00) is provided for the administrative support of
the Mississippi Autism Board as prescribed by Section 73-75-11, Mississippi
Code of 1972.
SECTION 2. Section 1, Chapter 53, Laws of 2023, is amended as follows:
Section 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Department of Insurance for the fiscal year beginning July 1, 2023, and ending
June 30, 2024............................. $ * * * 13,169,614.00.
SECTION 3. Section 2, Chapter 53, Laws of 2023, is amended as follows:
Section 2. The following sum, or so much thereof as may be necessary, is appropriated out of any money in any special fund in the State Treasury to the credit of the Mississippi Department of Insurance which is comprised of special source funds collected by or otherwise available to the department, for the support of the various offices of the department for the fiscal year beginning July 1, 2023, and ending
June 30, 2024.................................... $ 3,335,000.00.
SECTION 4. Section 18, Chapter 53, Laws of 2023, is amended as follows:
Section 18. Of the funds appropriated
in Section * * *
2 of this act, Three Million Dollars ($3,000,000.00) is provided to the
department for the purpose of funding the Mississippi Length of Service Award
Program, which was created in House Bill 521, 2023 Regular Session.
SECTION 5. Upon the effective date of this act, the State Treasurer, in conjunction with the State Fiscal Officer, shall transfer the sum of Three Million Dollars ($3,000,000.00) from the General Fund (Fund No. 2999000000) to the Mississippi Volunteer Firefighter Length-of-Service Awards Program Fund (Fund No. 3351600000).
SECTION 6. Section 40, Chapter 91, Laws of 2023, is amended as follows:
Section 40. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money to the credit of the Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to defray the expenses of the Mississippi Department of Health for the purpose of providing funds to the Sharkey-Issaquena hospital and nursing home impacted by the severe weather storm on March 24, 2023, and March 25, 2023, for the payment of unreimbursed expenses incurred from March 24, 2023, through June 30, 2024, due to the emergency work for the period beginning upon the passage of this act and ending
June 30, 2024................................... $ 1,500,000.00.
SECTION 7. Section 1, Chapter 108, Laws of 2023, is amended as follows:
Section 1. The following sums, or so much of those sums as may be necessary, are appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of funding K-12 and other related educational activities, including certain agencies and programs, in the State of Mississippi, for the fiscal year beginning July 1, 2023, and ending June 30, 2024, as follows:
(a) To the State Board of Education for the purpose of
defraying the expenses of the State Department of Education, and excluding the
expenses of the Vocational and Technical Education Division....................................... $ * * * 444,599,190.00.
(b) To the State Board of Education for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of
Education.................................... $ 86,487,002.00.
(c) To the State Board of Education for the purpose of paying annual compensation to the Chickasaw Cession counties for sixteenth section lands which they lost through sale by the state, as provided in Sections 29-3-137 through 29-3-141, Mississippi Code of 1972.... $ 16,945,631.00.
(d) To the State Board of Education for defraying the expenses of the Mississippi Adequate Education
Program...................................... $ 2,154,825,748.00.
TOTAL AMOUNT OF STATE GENERAL FUNDS APPROPRIATED
BY THIS SECTION BEING.................. $ * * * 2,702,857,571.00.
SECTION 8. Section 2, Chapter 108, Laws of 2023, is amended as follows:
Section 2. The following sums, or so much of those sums as may be necessary, are appropriated out of any money in any special fund in the State Treasury to the credit of the proper fund or funds of the agencies or programs specified in the following paragraphs for the fiscal year beginning July 1, 2023, and ending June 30, 2024, as follows:
(a) To the State Board of Education for the purpose of
defraying the expenses of the State Department of Education, excluding the expenses
of the Vocational and Technical Education Division $ * * * 2,012,230,643.00.
(b) To the State Board of Education for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of
Education.................................... $ 22,706,135.00.
(c) To the State Board of Education for the purpose of defraying the expenses of the Mississippi Adequate Education Program $ 245,112,197.00.
TOTAL AMOUNT OF SPECIAL FUNDS APPROPRIATED
BY THIS SECTION BEING.................. $ * * * 2,280,048,975.00.
SECTION 9. Section 45, Chapter 108, Laws of 2023, is amended as follows:
Section 45. * * *
In addition to all other funds herein appropriated, One Million Four
Hundred Thousand Dollars ($1,400,000.00) shall be provided to the Charter
School Authorizer Board. Of this amount, Nine Hundred Thousand Dollars
($900,000.00) shall be provided from * * * the State General Fund and
Five Hundred Thousand Dollars ($500,000.00) shall be provided from * * * the Charter School
Authorizer Board Fund – Fund No. 3001700000 a special fund in the State Treasury.
SECTION 10. Section 4, Chapter 34, Laws of 2023, is amended as follows:
Section 4. Of the funds appropriated
in Section 1, it is the intention of the Legislature that an amount not to exceed * * * Thirty-four
Million Dollars ($34,000,000.00) is authorized to be expended for the purpose
of replacement of structurally deficient bridges on the Local System Bridge Program
(LSBP).
SECTION 11. Section 37-61-33, Mississippi Code of 1972, is amended as follows:
37-61-33. (1) There is created within the State Treasury a special fund to be designated the "Education Enhancement Fund" into which shall be deposited all the revenues collected pursuant to Sections 27-65-75(7) and (8) and 27-67-31(a) and (b).
(2) Of the amount deposited into the Education Enhancement Fund, Sixteen Million Dollars ($16,000,000.00) shall be appropriated each fiscal year to the State Department of Education to be distributed to all school districts. Such money shall be distributed to all school districts in the proportion that the average daily attendance of each school district bears to the average daily attendance of all school districts within the state 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, teachers' homes, school barns, transportation vehicles (which shall include new and used transportation vehicles) and garages for transportation vehicles, and purchasing land therefor;
(b) Establishing and equipping school athletic fields and necessary facilities connected therewith, and purchasing land therefor;
(c) Providing necessary water, light, heating, air-conditioning and sewerage facilities for school buildings, and purchasing land therefor;
(d) As a pledge 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, 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. The annual grant to such district in any subsequent year during the term of the resolution or contract shall not be reduced below an amount equal to the district's grant amount for the year in which the contract or resolution was adopted. The intent of this provision is to allow school districts to irrevocably pledge a certain, constant stream of revenue as security for long-term obligations issued under the code sections enumerated in this paragraph or as otherwise allowed by law. It is the intent of the Legislature that the provisions of this paragraph shall be cumulative and supplemental to any existing funding programs or other authority conferred upon school districts or school boards. Debt of a district secured by a pledge of sales tax revenue pursuant to this paragraph shall not be subject to any debt limitation contained in the foregoing enumerated code sections.
(3) The remainder of the money deposited into the Education Enhancement Fund shall be appropriated as follows:
(a) To the State Department of Education as follows:
(i) Sixteen and sixty-one one-hundredths percent (16.61%) to the cost of the adequate education program determined under Section 37-151-7; of the funds generated by the percentage set forth in this section for the support of the adequate education program, one and one hundred seventy-eight one-thousandths percent (1.178%) of the funds shall be appropriated to be used by the State Department of Education for the purchase of textbooks to be loaned under Sections 37-43-1 through 37-43-59 to approved nonpublic schools, as described in Section 37-43-1. The funds to be distributed to each nonpublic school shall be in the proportion that the average daily attendance of each nonpublic school bears to the total average daily attendance of all nonpublic schools;
(ii) Seven and ninety-seven one-hundredths percent (7.97%) to assist the funding of transportation operations and maintenance pursuant to Section 37-19-23; and
(iii) Nine and sixty-one
one-hundredths percent (9.61%) for classroom supplies, instructional materials and
equipment, including computers and computer software, to be distributed to all eligible
teachers within the state through the use of procurement cards or a digital solution
capable of tracking, paying and reporting purchases. Classroom supply funds shall
not be expended for administrative purposes. On a date to be determined by the
State Department of Education, but not later than July 1 of each year, local school
districts shall determine and submit to the State Department of Education the number
of teachers eligible to receive an allocation for the current year. For purposes
of this subparagraph, "teacher" means any employee of the school board
of a school district, or the Mississippi School for the Arts, the Mississippi School
for Math and Science, the Mississippi School for the Blind, the Mississippi School
for the Deaf or public charter school, who is required by law to obtain a teacher's
license from the State Department of Education and who is assigned to an instructional
area of work as defined by the department, and shall include any full- or part-time
gifted or special education teacher. It is the intent of the Legislature that all
classroom teachers shall utilize these funds in a manner that addresses individual
classroom needs and supports the overall goals of the school regarding supplies,
instructional materials, equipment, computers or computer software under the provisions
of this subparagraph, including the type, quantity and quality of such supplies,
materials and equipment. Classroom supply funds allocated under this subparagraph
shall supplement, not replace, other local and state funds available for the same
purposes. The State Board of Education shall develop and promulgate rules and regulations
for the administration of this subparagraph consistent with the above criteria,
with particular emphasis on allowing the individual teachers to expend funds as
they deem appropriate. The local school board shall require each school to issue
credentials for a digital solution selected by or procurement cards provided by
the Department of Finance and Administration under the provisions of Section 31-7-9(1)(c)
for the use of teachers and necessary support personnel in making instructional
supply fund expenditures under this section, consistent with the regulations of
the Mississippi Department of Finance and Administration pursuant to Section 31-7-9.
Such credentials or procurement cards shall be provided by the State Department
of Education to local school districts on a date determined by the State Department
of Education, but not later than August 1 of each year. Local school districts
shall issue such credentials or procurement cards to classroom teachers at the beginning
of the school year, but no later than August 1 of each year, and shall be issued
in equal amounts per teacher determined by the total number of qualifying personnel
and the current state appropriation for classroom supplies with the Education Enhancement
Fund. After initial cards are issued under the timeline prescribed by this section,
the State Department of Education may issue cards to districts for any classroom
teacher hired after July 1 under a timeline prescribed by the State Department of
Education. Such credentials or cards will expire on a predetermined date at the
end of each school year, but not before April 1 of each year * * *;
(b) Twenty-two and nine one-hundredths percent (22.09%) to the Board of Trustees of State Institutions of Higher Learning for the purpose of supporting institutions of higher learning; and
(c) Fourteen and forty-one one-hundredths percent (14.41%) to the Mississippi Community College Board for the purpose of providing support to community and junior colleges.
(4) The amount remaining in the Education Enhancement Fund after funds are distributed as provided in subsections (2) and (3) of this section shall be appropriated for other educational needs.
(5) None of the funds appropriated pursuant to subsection (3)(a) of this section shall be used to reduce the state's General Fund appropriation for the categories listed in an amount below the following amounts:
(a) For subsection (3)(a)(ii) of this section, Thirty-six Million Seven Hundred Thousand Dollars ($36,700,000.00);
(b) For the aggregate of minimum program allotments in the 1997 fiscal year, formerly provided for in Chapter 19, Title 37, Mississippi Code of 1972, as amended, excluding those funds for transportation as provided for in paragraph (a) of this subsection.
(6) Any funds appropriated from
the Education Enhancement Fund that are unexpended at the end of a fiscal year shall
lapse into the Education Enhancement Fund * * *.
SECTION 12. Section 37-21-51, Mississippi Code of 1972, is amended as follows:
37-21-51. (1) As used in this section:
(a) "Preschool or prekindergarten children" means any children who have not entered kindergarten but will have obtained four (4) years of age on or before September 1 of a school year.
(b) An "early learning collaborative" is a district or countywide council that writes and submits an application to participate in the voluntary prekindergarten program. An early learning collaborative is comprised, at a minimum, of a public school district and/or a local Head Start affiliate if in existence, private or parochial schools, or one or more licensed child care centers. Agencies or other organizations that work with young children and their families may also participate in the collaborative to provide resources and coordination even if those agencies or organizations are not prekindergarten providers.
(c) A "prekindergarten provider" is a public, private or parochial school, licensed child care center or Head Start center that serves prekindergarten children and participates in the voluntary prekindergarten program.
(d) A "lead partner" is a public school district or other nonprofit entity with the instructional expertise and operational capacity to manage the early learning collaborative's prekindergarten program as described in the collaborative's approved application for funds. The lead partner serves as the fiscal agent for the collaborative and shall disburse awarded funds in accordance with the collaborative's approved application. The lead partner must facilitate a professional learning community for the teachers in the prekindergarten program and lead the collaborative. The lead partner ensures that the collaborative adopts and implements curriculum and assessments that align with the comprehensive early learning standards. The public school district shall be the lead partner if no other qualifying lead partner is selected.
(e) "Comprehensive early learning standards" are standards adopted by the State Board of Education that address the highest level of fundamental domains of early learning to include, but not be limited to, physical well-being and motor development, social/emotional development, approaches toward learning, language development and cognition and general knowledge. The comprehensive early learning standards shall also include standards for emergent literacy skills, including oral communication, knowledge of print and letters, phonological and phonemic awareness, and vocabulary and comprehension development.
(f) An "evidence-based curriculum" is an age-appropriate curriculum that demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on:
(i) Strong evidence from at least one (1) well-designed and well-implemented experimental study;
(ii) Moderate evidence from at least one (1) well-designed and well-implemented quasi-experimental study; or
(iii) Promising evidence from at least one (1) well-designed and well-implemented correlational study with statistical controls for selection bias.
(2) To ensure that all children have access to quality early childhood education and development services, the Legislature finds and declares the following:
(a) Parents have the primary duty to educate their young preschool children;
(b) The State of Mississippi can assist and educate parents in their role as the primary caregivers and educators of young preschool children;
(c) There is a need to explore innovative approaches and strategies for aiding parents and families in the education and development of young preschool children; and
(d) There exists a patchwork of prekindergarten entities but no coordination of services and there needs to be a coordination of these services.
(3) (a) This subsection shall be known and may be cited as the "Early Learning Collaborative Act of 2013."
(b) Effective with the 2013-2014 school year, the Mississippi State Department of Education shall establish a voluntary prekindergarten program, which shall be a collaboration among the entities providing prekindergarten programs including Head Start, licensed child care facilities and licensed public, parochial and private school prekindergarten programs. This program shall be implemented no later than the 2014-2015 school year. Enrollment in the prekindergarten program shall be coordinated with the Head Start agencies in the local areas and shall not be permitted to cause a reduction in children served by the Head Start program. Under this program, eligible entities may submit an application for funds to (i) defray the cost of additional and/or more qualified teaching staff, appropriate educational materials and equipment and to improve the quality of educational experiences offered to four-year-old children in early care and education programs, and/or to (ii) extend developmentally appropriate education services at such programs currently serving four-year-old children to include practices of high quality instruction, and to (iii) administer, implement, monitor and evaluate the programs, and to (iv) defray the cost of professional development and age-appropriate child assessment.
(c) Subject to the availability of funds appropriated therefor, the State Department of Education shall administer the implementation, monitoring and evaluation of the voluntary prekindergarten program, including awards and the application process.
(i) The department shall establish a rigorous and transparent application process for the awarding of funds. Lead partners shall submit the applications on behalf of their early learning collaborative.
(ii) The department will establish monitoring policies and procedures that, at a minimum, will include at least one (1) site visit a year.
(iii) The department will provide technical assistance to collaboratives and their providers to improve the quality of prekindergarten programs. Technical assistance may include classroom-embedded support for teachers and assistant teachers.
(iv) The department will evaluate the effectiveness of each early childhood collaborative and each prekindergarten provider. If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall adopt a minimum rate of readiness that each prekindergarten provider must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program must submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.
(d) Prekindergarten program funds shall be awarded to early childhood collaboratives whose proposed programs meet the program criteria. The criteria shall include:
(i) Voluntary enrollment of children;
(ii) Collaboration among prekindergarten providers and other early childhood programs through the establishment of an early learning collaborative;
(iii) Qualifications of master teachers, teachers and assistants, which must conform to guidelines in Section 37-21-3;
(iv) At least fifteen (15) hours of annual professional development for program instructional staff, including professional development in early literacy, and individualized professional development plans for all teachers and teaching assistants supplemented by classroom-embedded support on an as-needed basis;
(v) The use of state-adopted comprehensive early learning standards;
(vi) The use of a curriculum based on strong evidence as defined in subsection (1)(f)(i) of this section and aligned with the comprehensive early learning standards;
(vii) The use of a curriculum based on moderate evidence as defined in subsection (1)(f)(ii) of this section and aligned with the comprehensive early learning standards if no strong-evidence curriculum is available;
(viii) The use of a curriculum based on promising evidence as defined in subsection (1)(f)(iii) of this section and aligned with the comprehensive early learning standards if no strong-evidence curriculum or moderate-evidence curriculum is available;
(ix) The use of age-appropriate assessments aligned to the comprehensive early learning standards;
(x) Teacher/child ratios of one (1) adult for every ten (10) children with a maximum of twenty (20) children per classroom and a minimum of five (5) children per classroom;
(xi) The provision of at least one (1) meal meeting state and federal nutrition guidelines for young children;
(xii) Plans to screen and/or refer children for vision, hearing and other health issues;
(xiii) Family engagement opportunities;
(xiv) Plans to serve children with disabilities as indicated under IDEA;
(xv) The number of instructional hours to be provided, which shall equal no less than five hundred forty (540) instructional hours per school year for half-day programs and one thousand eighty (1,080) instructional hours per school year for full-day programs; and
(xvi) A budget detailing the use of funds for allowed expenses.
Participating child care centers shall: (a) meet state child care facility licensure requirements unless exempted under Section 43-20-5, Mississippi Code of 1972, and (b) select and utilize a nationally recognized assessment tool, approved by the State Department of Education, designed to document classroom quality, which must be in place not later than July 1, 2016, as certified by the State Department of Education.
Within the prekindergarten program, a prekindergarten provider must comply with the antidiscrimination requirements applicable to public schools. A prekindergarten provider may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the prekindergarten program, in violation of these antidiscrimination requirements. However, a prekindergarten provider may refuse to admit a child based on the provider's standard eligibility guidelines, provided that these guidelines do not violate the antidiscrimination requirements. Consistent with the Legislature's recognition of the primacy of a parent's role in the education of a preschool-age child and the related recognition of the state in assisting and educating parents in that role, if the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall recognize each child's unique pattern of development when adopting a minimum rate of readiness that prekindergarten providers must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program may submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.
The State Department of Education may add program criteria not inconsistent with these requirements and shall develop policies and procedures to implement and enforce these criteria.
(e) The State Department of Education shall ensure that early learning collaboratives provide each parent enrolling a child in the voluntary prekindergarten program with a profile of every prekindergarten provider participating in the collaborative's geographic catchment area. The State Department of Education shall prescribe the information to be included in each profile as well as the format of the profiles. At a minimum, the profiles must include the prekindergarten provider's services, curriculum, instructor credentials and instructor-to-student ratio.
(f) A teacher, assistant teacher or other employee whose salary and fringe benefits are paid from state funds under this act shall only be classified as a state or local school district employee eligible for state health insurance benefits or membership in the Public Employees' Retirement System, if the person's employer is already an agency or instrumentality of the state, such as a school district, and the employee would be eligible for such benefits in the normal course of business.
(g) Funding shall be provided for this program beginning with the 2014 fiscal year subject to appropriation by the Legislature as provided in paragraph (h) of this subsection. The department shall make an annual report to the Legislature and the Governor regarding program operations and outcomes. Every three (3) years, with the first report due July 1, 2023, the department shall provide to the Legislature and the Governor a rigorous evaluation of program effectiveness using longitudinal data to measure short-term and long-term effects, including both achievement and nonachievement effects. After each three-year report, the PEER Committee shall review the three-year report and the intervening annual reports and submit an independent summary of its findings prior to the next legislative session.
(h) (i) The Legislature shall appropriate funds to implement the Early Education Collaborative Act of 2013 on a phased-in basis as follows:
1. The first phase shall be based on an annual state appropriation of not more than Eight Million Dollars ($8,000,000.00) and shall serve approximately three thousand five hundred (3,500) children through five (5) to eight (8) early learning collaboratives and their prekindergarten providers;
2. The second phase shall be based on an annual state appropriation of not more than Sixteen Million Dollars ($16,000,000.00) and shall serve approximately seven thousand (7,000) children through ten (10) to fifteen (15) early learning collaboratives and their prekindergarten providers;
3. The third phase shall be based on an annual state appropriation of not more than Thirty-three Million Nine Hundred Fifty Thousand Dollars ($33,950,000.00) and shall serve approximately fifteen thousand (15,000) children through twenty (20) to twenty-five (25) early learning collaboratives and their prekindergarten providers.
(ii) Future phases shall be based on interest in the program and the effectiveness of the program as determined by the school readiness of participants. Each phase shall last for at least three (3) years but no more than five (5) years. The State Department of Education shall determine when to move to a new phase of the program, within the timeline provided herein.
(iii) Funding shall be provided to early learning collaboratives on the basis of a minimum of Two Thousand Five Hundred Dollars ($2,500.00) per student in a full-day program per student in a full-day program and a minimum of One Thousand Two Hundred Fifty Dollars ($1,250.00) per student in a half-day program proposed in the collaborative's approved application. Once an early learning collaborative's plan is approved and funded, the collaborative and/or its prekindergarten providers shall receive funds on an ongoing basis unless the collaborative and/or its prekindergarten providers no longer meet the criteria to participate in the program.
(iv) Early learning collaboratives shall match state funds on a 1:1 basis. Local matching funds may include local tax dollars, federal dollars as allowed, parent tuition, philanthropic contributions, or in-kind donations of facilities, equipment and services required as part of the program such as food service or health screenings.
(v) The State Department
of Education shall reserve no more than five percent (5%) of the appropriation in
any year for administrative costs. * * * In the first year of implementation of the program, the department
may delay the awarding of funds until the 2014-2015 school year should time not
be sufficient to establish the program's operation prior to the 2013-2014 school
year.
(vi) In the initial phase of implementation, the State Department of Education shall award state funds under the Early Learning Collaborative Act of 2013 based on a community's capacity, commitment and need. To determine capacity, commitment and need, the State Department of Education shall require evidence of existing strong local collaborations of early education stakeholders. Such evidence shall include, but not be limited to, collaborations resulting from any of the following:
1. Participation in Excel By 5;
2. Participation in Supporting Partnerships to Assure Ready Kids (SPARK);
3. Participation in the Gilmore Early Learning Initiative (GELI); or
4. Participation in the Mississippi Building Blocks.
In determining community need, the department shall consider low academic achievement within the public school districts participating in an applicant early learning collaborative and the number and percentage of children without quality prekindergarten options.
(vii) All authority granted to the State Department of Education to establish program rules is subject to the public processes established in the provisions of the Mississippi Administrative Procedures Law, including, but not limited to, filing notice of the proposed rules, public hearings and any economic impact statement with the Office of the Secretary of State before presenting such information to the State Board of Education for final approval.
SECTION 13. Section 49-39-7, Mississippi Code of 1972, is amended as follows:
49-39-7. (1) (a) There is created in the State Treasury a special fund to be designated the "Mississippi Outdoor Stewardship Trust Fund." The special fund shall consist of monies appropriated by the Legislature. Monies shall be accounted for in such a manner to be termed unobligated funds or obligated funds. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the special fund shall be deposited to the credit of the special fund; however, any unobligated monies in excess of Twenty Million Dollars ($20,000,000.00), excluding federal funds, remaining in the special fund at the end of a fiscal year that have not been appropriated shall lapse into the State General Fund. Monies in the special fund may be used upon selection by the board. The board and the Department of Finance and Administration may use not more than two percent (2%) of monies in the special fund to defray the board's expenses in carrying out its duties under this chapter.
(b) Subject to the provisions of this chapter, monies in the special fund may be used and expended by the board to provide funds for grants to counties, municipalities, state agencies and nongovernmental entities for:
(i) Improvement of state park outdoor recreation features and trails;
(ii) Acquisition and improvement of parks and trails by counties and municipalities, if such parks and trails lie within the jurisdiction of such counties and municipalities;
(iv) Restoration or enhancement on privately owned working agricultural lands and forests that support conservation of soil, water, habitat of fish and wildlife resources;
(v) Restoration or enhancement of wetlands, native forests, native grasslands and other unique habitats important for Mississippi's fish and wildlife; and
(vi) Acquisition of critical areas for the provision or protection of clean water, wildlife, hunting, fishing, military installation buffering or natural resource-based outdoor recreation. Real property may only be acquired under this subparagraph (vi) when the property:
1. Is, at the time of acquisition, being leased by the state as a wildlife management area;
2. Adjoins or is in close proximity to state or federal wildlife management areas or state parks, or would provide better public access to such areas;
3. Is identified in a wildlife action plan developed by a state agency;
4. Constitutes riparian lands, and its acquisition is for the purpose of protecting any drinking water supply; or
5. Surrounds a military base or military installation.
Acquisition of land under this subparagraph (vi) may not be made through the exercise of any power of eminent domain or any condemnation proceeding.
(c) Unless otherwise authorized by the board, a county, municipality, state agency or nongovernmental entity receiving funds for a project under this section must expend the funds for the project within two (2) years after receipt of the funds in order to be eligible to apply for additional funds for the project under this section. If a county, municipality, state agency or nongovernmental entity receiving funds for a project does not expend the funds within two (2) years after receipt of the funds, then the county, municipality, state agency or nongovernmental entity must provide an accounting of such unused funds and the reason for failure to expend the funds. If the board determines that the project will not be completed in a timely manner, the county, municipality, state agency or nongovernmental entity must then return any unexpended funds.
(d) Monies in the special fund may not be used, expended or transferred for any other purpose other than authorized in this chapter.
(2) (a) The board shall accept applications from counties, municipalities, state agencies and nongovernmental entities for project proposals eligible for funding under this section. The board shall evaluate the proposals received in accordance with this chapter.
(b) A county, municipality, state agency or nongovernmental entity desiring assistance under this section must submit a complete application to the board. The application must include a description of the purpose for which assistance is requested, the type and amount of assistance requested and any other information required by the board.
(c) The board shall require annual independent audits of all expenditures from the special fund and present those findings to the Governor, Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees and Chairs of the Senate and House Wildlife, Fisheries and Parks Committees.
(d) To be eligible for funding, any nongovernmental entity applicant must submit its most recent audit, disclose any audit deficiencies in the previous five (5) years, submit its certificate of good standing from the Mississippi Secretary of State, and submit a current list of its board members for purposes of conflicts of interest.
(f) Projects that acquire property shall not be considered for approval until after July 1, 2024.
(3) The board, at its first meeting of each calendar year, shall prepare a list of priorities and criteria to guide the selection of projects. The board shall give increased priority to projects:
(a) Supporting the public recreation and conservation efforts of state agencies, counties and municipalities;
(b) Leveraging or matching other nonfederal or federal funds available for similar purposes;
(c) Supporting and promoting recreation in the form of archery, boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, shooting or similar outdoor activities;
(d) Contributing to the improvement of the quality and quantity of surface water and groundwater; or
(e) Contributing to the conservation of soil, water, and fish and wildlife resources on privately owned working agricultural lands or forests.
(4) Upon approval of the total list of projects by the board, the list of projects shall be submitted to the Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees and Chairs of the Senate and House Wildlife, Fisheries and Parks Committees. If federal funds or guidelines become available and are certified by the Executive Director of the Department of Finance and Administration or the Executive Director of the Mississippi Outdoor Stewardship Fund, the board shall be authorized to expend funds from the Mississippi Outdoor Stewardship Trust Fund and shall notify the Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees, Chairs of the Senate and House Wildlife, Fisheries and Parks Committees, and Legislative Budget Office of such expenditures prior to their distribution to certain projects approved by the board.
(5) Any state agency that receives funds awarded by the board from the Mississippi Outdoor Stewardship Trust Fund may accept, budget, receive and expend these funds in accordance with rules and regulations of the Department of Finance and Administration in the manner consistent with the escalation of federal funds.
SECTION 14. Section 27-103-204.1, Mississippi Code of 1972, is amended as follows:
27-103-204.1. Through the end of fiscal year 2028, the State Treasurer may borrow funds from the Working Cash-Stabilization Reserve Fund created in Section 27-103-203 to offset any temporary cash flow deficiencies in the GF Obligations Fund (Fund No. 22951000000). The amount borrowed from the Working Cash-Stabilization Reserve Fund under this section shall not exceed Two Hundred Fifty Million Dollars ($250,000,000.00) during any month. The State Treasurer may accept, budget, receive and expend the funds borrowed in accordance with rules and regulations of the Department of Finance and Administration in the manner consistent with the escalation of federal funds. The State Treasurer shall reimburse the Working Cash-Stabilization Reserve Fund from the GF Obligations Fund for all sums borrowed for such temporary cash flow deficiency purposes within twenty (20) working days after the funds were borrowed. The State Treasurer shall immediately notify the Legislative Budget Office and the State Department of Finance and Administration of each transfer into and out of such funds.
SECTION 15. Upon the effective date of this act, the Treasurer, in conjunction with the State Fiscal Officer, shall transfer the sum of Five Million Dollars ($5,000,000.00) from the Capital Expense Fund (Fund No. 6499C00000) to the Forestry Facility Grant Program Fund (Fund No. 66142100000).
SECTION 16. This act shall take effect and be in force from and after its passage.