MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Rules

By: Senator(s) Harkins

Senate Concurrent Resolution 548

(As Adopted by Senate)

A CONCURRENT RESOLUTION SUSPENDING THE DEADLINES AND OTHER PROVISIONS IMPOSED BY JOINT RULE NO. 40 FOR THE PURPOSE OF THE DRAFTING, INTRODUCTION, CONSIDERATION AND PASSAGE OF A BILL ENTITLED "AN ACT TO AMEND SECTION 25-11-123, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE INCREASE IN THE EMPLOYER'S CONTRIBUTION RATE THAT IS SCHEDULED TO TAKE EFFECT ON JULY 1, 2024, IS RESCINDED AND SHALL NOT TAKE EFFECT; TO PROVIDE FOR A 1/2% INCREASE IN THE EMPLOYER'S CONTRIBUTION RATE ON JULY 1 OF EACH YEAR FROM 2024 THROUGH 2028; TO REQUIRE THAT ANY RECOMMENDATION BY THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO ADJUST EMPLOYER CONTRIBUTIONS BE ACCOMPANIED BY AT LEAST TWO INDEPENDENT ACTUARIAL ASSESSMENTS; TO ALLOW THE BOARD TO MAKE RECOMMENDATIONS REGARDING ADDITIONAL FUNDING SOURCES FOR THE RETIREMENT PLAN, INCLUDING EMPLOYER CONTRIBUTION INCREASES, BASED ON THE PLAN'S ASSETS AND LIABILITIES, AND THE REQUIRED ACTUARIAL ASSESSMENTS; TO RESERVE TO THE LEGISLATURE THE AUTHORITY TO IMPLEMENT SUCH RECOMMENDATIONS; TO EXPRESS THE INTENT OF THE LEGISLATURE THAT, IN THE 2025 REGULAR SESSION, A LAW BE ENACTED TO CREATE A NEW TIER FOR FUTURE MEMBERS OF THE SYSTEM, IN FURTHERANCE OF THE SYSTEM'S CONTINUED FINANCIAL STABILITY AND SUSTAINABILITY; TO SPECIFY THAT THE SECTION SHALL NOT BE CONSTRUED TO PROVIDE AUTHORITY TO REDUCE OR ELIMINATE ANY EARNED BENEFITS PROVIDED BY THE STATE TO CURRENT RETIREES OR CURRENT MEMBERS OF THE RETIREMENT SYSTEM; AND FOR RELATED PURPOSES," AND OF A BILL ENTITLED "AN ACT RELATING TO THE FUNDING OF PUBLIC EDUCATION IN THE STATE OF MISSISSIPPI; TO CREATE NEW SECTION 37-151-201, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS, INCLUDING 'NET ENROLLMENT,' 'TOTAL FUNDING FORMULA' AND 'WEIGHT'; TO CREATE NEW SECTION 37-151-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EFFECTIVE FISCAL YEAR 2026 AND EVERY YEAR THEREAFTER, THE STATE BOARD OF EDUCATION SHALL PROVIDE A PROPOSED BASE-STUDENT COST SUFFICIENT TO PROVIDE CERTAIN COST COMPONENTS OF EDUCATING PUPILS IN SCHOOL DISTRICTS; TO PROVIDE THAT THE INSTRUCTIONAL COST SHALL BE CALCULATED BY DIVIDING THE AVERAGE TEACHER SALARY BY THE STUDENT-TO-TEACHER RATIO; TO PROVIDE THE FORMULA FOR ADMINISTRATIVE COST, ANCILLARY PERSONNEL AND EXPENSES, AND OPERATION AND MAINTENANCE OF PLANT; TO CREATE NEW SECTION 37-151-205, MISSISSIPPI CODE OF 1972, TO ESTABLISH VARIOUS WEIGHTS TO BE APPLIED TO THE BASE AMOUNT FOR STUDENTS WHO ARE LOW-INCOME STUDENTS, ENGLISH LANGUAGE LEARNERS, ELIGIBLE FOR SPECIAL EDUCATION SERVICES, GIFTED, ENROLLED IN CAREER AND TECHNICAL EDUCATION, AND RESIDING IN SPARSELY POPULATED SCHOOL DISTRICTS; TO CREATE NEW SECTION 37-151-207, MISSISSIPPI CODE OF 1972, TO REQUIRE STUDENT ENROLLMENT AND ATTENDANCE FIGURES TO BE DETERMINED ON THE BASIS OF NET ENROLLMENT; TO CREATE NEW SECTION 37-151-209, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A SCHOOL DISTRICT OR CHARTER SCHOOL HAS AUTONOMY, SUBJECT TO REGULATORY AND STATUTORY RESTRICTIONS, IN THE SPENDING OF ALL FUNDS ALLOCATED TO THAT SCHOOL DISTRICT OR CHARTER SCHOOL; TO CREATE NEW SECTION 37-151-211, MISSISSIPPI CODE OF 1972, TO REQUIRE TAX ASSESSORS TO FILE CERTAIN REPORTS WITH THE STATE DEPARTMENT OF EDUCATION AND TO REQUIRE THE DEPARTMENT TO CALCULATE THE DISTRICT'S REQUIRED MINIMUM MILLAGE AND THE CONTRIBUTION TO THE COST OF THE TOTAL FUNDING FORMULA REQUIRED OF EACH SCHOOL DISTRICT AND CHARTER SCHOOL; TO CREATE NEW SECTION 37-151-213, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE'S SHARE IN SUPPORT OF THE FUNDING FORMULA FOR A SCHOOL DISTRICT OR CHARTER SCHOOL FOR FISCAL YEARS 2025, 2026, AND 2027 MAY NOT BE LESS THAN AN AMOUNT EQUAL TO THE SUM OF ALL STATE FUNDS RECEIVED BY THAT SCHOOL DISTRICT OR CHARTER SCHOOL FOR FISCAL YEAR 2024; TO AMEND SECTIONS 37-57-1, 37-57-104, 37-57-105 AND 37-57-107, MISSISSIPPI CODE OF 1972, WHICH RELATE TO SCHOOL DISTRICT TAXATION, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 37-61-33, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT A PORTION OF EDUCATION ENHANCEMENT FUNDS BE DISTRIBUTED TO SCHOOL DISTRICTS TO FUND CAPITAL IMPROVEMENTS PROJECTS; TO AMEND SECTION 27-65-75, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIRED DEPOSIT OF SALES TAX REVENUE INTO THE EDUCATIONAL FACILITIES REVOLVING LOAN FUND; TO AMEND SECTIONS 1-3-26, 7-7-211, 19-9-157, 19-9-171, 25-4-29, 27-25-706, 27-33-3, 27-39-317, 29-3-47, 29-3-49, 29-3-113, 29-3-137, 31-7-9, 31-7-10, 37-1-3, 37-3-11, 37-3-83, 37-7-208, 37-7-301, 37-7-302, 37-7-303, 37-7-307, 37-7-319, 37-7-333, 37-7-339, 37-7-419, 37-9-17, 37-9-18, 37-9-23, 37-9-25, 37-9-33, 37-9-35, 37-9-37, 37-9-77, 37-11-11, 37-13-63, 37-13-64, 37-13-69, 37-15-38, 37-16-3, 37-19-7, 37-21-6, 37-21-7, 37-22-5, 37-23-1, 37-23-15, 37-23-69, 37-23-109, 37-23-179, 37-27-55, 37-27-57, 37-28-5, 37-28-53, 37-28-55, 37-29-1, 37-29-272, 37-29-303, 37-31-13, 37-31-75, 37-35-3, 37-37-3, 37-41-7, 37-45-49, 37-47-9, 37-47-24, 37-47-25, 37-47-33, 37-61-3, 37-61-5, 37-61-7, 37-61-19, 37-61-29, 37-61-35, 37-61-37, 37-68-7, 37-131-7, 37-131-9, 37-131-11, 37-151-9, 37-151-81, 37-151-85, 37-151-87, 37-151-89, 37-151-91, 37-151-93, 37-151-95, 37-151-97, 37-151-99, 37-151-101, 37-151-103, 37-151-105, 37-151-107, 37-173-9, 37-173-13, 37-175-13, 37-179-3, 37-181-7, 41-79-5, 43-17-5, 65-26-9, AND 27-104-351, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, AS AMENDED BY SENATE BILL NO. 2689, 2024 REGULAR SESSION, AND HOUSE BILL NO. 1696, 2024 REGULAR SESSION, TO CONFORM AND TO REVISE CERTAIN PROVISIONS RELATED TO THE STATE'S PERMANENT PERFORMANCE-BASED ACCREDITATION SYSTEMS; TO PROVIDE THE PROCEDURE BY WHICH THE STATE BOARD OF EDUCATION MAY PLACE A FAILING SCHOOL OR SCHOOL DISTRICT INTO A DISTRICT OF TRANSFORMATION; TO ESTABLISH RELEVANT CRITERIA FOR SCHOOLS OR SCHOOL DISTRICTS TO BE PLACED INTO SUCH DISTRICTS; TO DELETE CERTAIN PROVISIONS RELATED TO MISSISSIPPI RECOVERY SCHOOL DISTRICTS, SCHOOL BOARDS OF FAILING SCHOOLS AND ELECTIONS OF MEMBERS OF FAILING SCHOOL BOARDS; TO PROVIDE THAT DISTRICTS THAT ARE PLACED INTO DISTRICT TRANSFORMATION SHALL BE ELIGIBLE TO RETURN TO LOCAL CONTROL WHEN THE DISTRICT HAS ATTAINED A "C" RATING OR HIGHER FOR THREE CONSECUTIVE YEARS; TO REPEAL SECTIONS 37-13-153, MISSISSIPPI CODE OF 1972, WHICH REQUIRED STATE FUNDING FOR HOME ECONOMICS TEACHERS TO BE INCLUDED AS A LINE ITEM IN THE EDUCATION APPROPRIATIONS BILLS FOR CERTAIN PRIOR FISCAL YEARS; TO REPEAL SECTIONS 37-151-1, 37-151-5, 37-151-6, 37-151-7, 37-151-7.1, 37-151-8, 37-151-10, 37-151-77, 37-151-79 AND 37-151-83, MISSISSIPPI CODE OF 1972, WHICH DEFINE CERTAIN TERMS AND PRESCRIBE THE FORMULA AND CERTAIN REQUIREMENTS UNDER THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM (MAEP); TO REPEAL SECTION 37-152-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE COMMISSION ON RESTRUCTURING THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM (MAEP); TO REPEAL SECTIONS 27-65-75(5), 37-47-7 AND 37-47-24, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE EDUCATIONAL FACILITIES REVOLVING LOAN FUND AND ITS FUNDING MECHANISM; TO REPEAL SECTIONS 37-109-1, 37-109-3, 37-109-5, 37-109-7, 37-109-9 AND 37-109-11, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE MISSISSIPPI DUAL ENROLLMENT/DUAL CREDIT SCHOLARSHIP PROGRAM ACT OF 2023; AND FOR RELATED PURPOSES."

     BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That all of the deadlines and other provisions imposed by Joint Rule No. 40 are suspended for the purpose of the drafting, introduction, consideration and passage of a bill entitled "AN ACT TO AMEND SECTION 25-11-123, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE INCREASE IN THE EMPLOYER'S CONTRIBUTION RATE THAT IS SCHEDULED TO TAKE EFFECT ON JULY 1, 2024, IS RESCINDED AND SHALL NOT TAKE EFFECT; TO PROVIDE FOR A 1/2% INCREASE IN THE EMPLOYER'S CONTRIBUTION RATE ON JULY 1 OF EACH YEAR FROM 2024 THROUGH 2028; TO REQUIRE THAT ANY RECOMMENDATION BY THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO ADJUST EMPLOYER CONTRIBUTIONS BE ACCOMPANIED BY AT LEAST TWO INDEPENDENT ACTUARIAL ASSESSMENTS; TO ALLOW THE BOARD TO MAKE RECOMMENDATIONS REGARDING ADDITIONAL FUNDING SOURCES FOR THE RETIREMENT PLAN, INCLUDING EMPLOYER CONTRIBUTION INCREASES, BASED ON THE PLAN'S ASSETS AND LIABILITIES, AND THE REQUIRED ACTUARIAL ASSESSMENTS; TO RESERVE TO THE LEGISLATURE THE AUTHORITY TO IMPLEMENT SUCH RECOMMENDATIONS; TO EXPRESS THE INTENT OF THE LEGISLATURE THAT, IN THE 2025 REGULAR SESSION, A LAW BE ENACTED TO CREATE A NEW TIER FOR FUTURE MEMBERS OF THE SYSTEM, IN FURTHERANCE OF THE SYSTEM'S CONTINUED FINANCIAL STABILITY AND SUSTAINABILITY; TO SPECIFY THAT THE SECTION SHALL NOT BE CONSTRUED TO PROVIDE AUTHORITY TO REDUCE OR ELIMINATE ANY EARNED BENEFITS PROVIDED BY THE STATE TO CURRENT RETIREES OR CURRENT MEMBERS OF THE RETIREMENT SYSTEM; AND FOR RELATED PURPOSES."

     BE IT FURTHER RESOLVED, That all of the deadlines and other provisions imposed by Joint Rule No. 40 are suspended for the purpose of the drafting, introduction, consideration and passage of a bill entitled "AN ACT RELATING TO THE FUNDING OF PUBLIC EDUCATION IN THE STATE OF MISSISSIPPI; TO CREATE NEW SECTION 37-151-201, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS, INCLUDING "NET ENROLLMENT," "TOTAL FUNDING FORMULA" AND "WEIGHT"; TO CREATE NEW SECTION 37-151-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EFFECTIVE FISCAL YEAR 2026 AND EVERY YEAR THEREAFTER, THE STATE BOARD OF EDUCATION SHALL PROVIDE A PROPOSED BASE-STUDENT COST SUFFICIENT TO PROVIDE CERTAIN COST COMPONENTS OF EDUCATING PUPILS IN SCHOOL DISTRICTS; TO PROVIDE THAT THE INSTRUCTIONAL COST SHALL BE CALCULATED BY DIVIDING THE AVERAGE TEACHER SALARY BY THE STUDENT-TO-TEACHER RATIO; TO PROVIDE THE FORMULA FOR ADMINISTRATIVE COST, ANCILLARY PERSONNEL AND EXPENSES, AND OPERATION AND MAINTENANCE OF PLANT; TO CREATE NEW SECTION 37-151-205, MISSISSIPPI CODE OF 1972, TO ESTABLISH VARIOUS WEIGHTS TO BE APPLIED TO THE BASE AMOUNT FOR STUDENTS WHO ARE LOW-INCOME STUDENTS, ENGLISH LANGUAGE LEARNERS, ELIGIBLE FOR SPECIAL EDUCATION SERVICES, GIFTED, ENROLLED IN CAREER AND TECHNICAL EDUCATION, AND RESIDING IN SPARSELY POPULATED SCHOOL DISTRICTS; TO CREATE NEW SECTION 37-151-207, MISSISSIPPI CODE OF 1972, TO REQUIRE STUDENT ENROLLMENT AND ATTENDANCE FIGURES TO BE DETERMINED ON THE BASIS OF NET ENROLLMENT; TO CREATE NEW SECTION 37-151-209, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A SCHOOL DISTRICT OR CHARTER SCHOOL HAS AUTONOMY, SUBJECT TO REGULATORY AND STATUTORY RESTRICTIONS, IN THE SPENDING OF ALL FUNDS ALLOCATED TO THAT SCHOOL DISTRICT OR CHARTER SCHOOL; TO CREATE NEW SECTION 37-151-211, MISSISSIPPI CODE OF 1972, TO REQUIRE TAX ASSESSORS TO FILE CERTAIN REPORTS WITH THE STATE DEPARTMENT OF EDUCATION AND TO REQUIRE THE DEPARTMENT TO CALCULATE THE DISTRICT'S REQUIRED MINIMUM MILLAGE AND THE CONTRIBUTION TO THE COST OF THE TOTAL FUNDING FORMULA REQUIRED OF EACH SCHOOL DISTRICT AND CHARTER SCHOOL; TO CREATE NEW SECTION 37-151-213, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE'S SHARE IN SUPPORT OF THE FUNDING FORMULA FOR A SCHOOL DISTRICT OR CHARTER SCHOOL FOR FISCAL YEARS 2025, 2026, AND 2027 MAY NOT BE LESS THAN AN AMOUNT EQUAL TO THE SUM OF ALL STATE FUNDS RECEIVED BY THAT SCHOOL DISTRICT OR CHARTER SCHOOL FOR FISCAL YEAR 2024; TO AMEND SECTIONS 37-57-1, 37-57-104, 37-57-105 AND 37-57-107, MISSISSIPPI CODE OF 1972, WHICH RELATE TO SCHOOL DISTRICT TAXATION, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 37-61-33, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT A PORTION OF EDUCATION ENHANCEMENT FUNDS BE DISTRIBUTED TO SCHOOL DISTRICTS TO FUND CAPITAL IMPROVEMENTS PROJECTS; TO AMEND SECTION 27-65-75, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIRED DEPOSIT OF SALES TAX REVENUE INTO THE EDUCATIONAL FACILITIES REVOLVING LOAN FUND; TO AMEND SECTIONS 1-3-26, 7-7-211, 19-9-157, 19-9-171, 25-4-29, 27-25-706, 27-33-3, 27-39-317, 29-3-47, 29-3-49, 29-3-113, 29-3-137, 31-7-9, 31-7-10, 37-1-3, 37-3-11, 37-3-83, 37-7-208, 37-7-301, 37-7-302, 37-7-303, 37-7-307, 37-7-319, 37-7-333, 37-7-339, 37-7-419, 37-9-17, 37-9-18, 37-9-23, 37-9-25, 37-9-33, 37-9-35, 37-9-37, 37-9-77, 37-11-11, 37-13-63, 37-13-64, 37-13-69, 37-15-38, 37-16-3, 37-19-7, 37-21-6, 37-21-7, 37-22-5, 37-23-1, 37-23-15, 37-23-69, 37-23-109, 37-23-179, 37-27-55, 37-27-57, 37-28-5, 37-28-53, 37-28-55, 37-29-1, 37-29-272, 37-29-303, 37-31-13, 37-31-75, 37-35-3, 37-37-3, 37-41-7, 37-45-49, 37-47-9, 37-47-24, 37-47-25, 37-47-33, 37-61-3, 37-61-5, 37-61-7, 37-61-19, 37-61-29, 37-61-35, 37-61-37, 37-68-7, 37-131-7, 37-131-9, 37-131-11, 37-151-9, 37-151-81, 37-151-85, 37-151-87, 37-151-89, 37-151-91, 37-151-93, 37-151-95, 37-151-97, 37-151-99, 37-151-101, 37-151-103, 37-151-105, 37-151-107, 37-173-9, 37-173-13, 37-175-13, 37-179-3, 37-181-7, 41-79-5, 43-17-5, 65-26-9, AND 27-104-351, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, AS AMENDED BY SENATE BILL NO. 2689, 2024 REGULAR SESSION, AND HOUSE BILL NO. 1696, 2024 REGULAR SESSION, TO CONFORM AND TO REVISE CERTAIN PROVISIONS RELATED TO THE STATE'S PERMANENT PERFORMANCE-BASED ACCREDITATION SYSTEMS; TO PROVIDE THE PROCEDURE BY WHICH THE STATE BOARD OF EDUCATION MAY PLACE A FAILING SCHOOL OR SCHOOL DISTRICT INTO A DISTRICT OF TRANSFORMATION; TO ESTABLISH RELEVANT CRITERIA FOR SCHOOLS OR SCHOOL DISTRICTS TO BE PLACED INTO SUCH DISTRICTS; TO DELETE CERTAIN PROVISIONS RELATED TO MISSISSIPPI RECOVERY SCHOOL DISTRICTS, SCHOOL BOARDS OF FAILING SCHOOLS AND ELECTIONS OF MEMBERS OF FAILING SCHOOL BOARDS; TO PROVIDE THAT DISTRICTS THAT ARE PLACED INTO DISTRICT TRANSFORMATION SHALL BE ELIGIBLE TO RETURN TO LOCAL CONTROL WHEN THE DISTRICT HAS ATTAINED A "C" RATING OR HIGHER FOR THREE CONSECUTIVE YEARS; TO REPEAL SECTIONS 37-13-153, MISSISSIPPI CODE OF 1972, WHICH REQUIRED STATE FUNDING FOR HOME ECONOMICS TEACHERS TO BE INCLUDED AS A LINE ITEM IN THE EDUCATION APPROPRIATIONS BILLS FOR CERTAIN PRIOR FISCAL YEARS; TO REPEAL SECTIONS 37-151-1, 37-151-5, 37-151-6, 37-151-7, 37-151-7.1, 37-151-8, 37-151-10, 37-151-77, 37-151-79 AND 37-151-83, MISSISSIPPI CODE OF 1972, WHICH DEFINE CERTAIN TERMS AND PRESCRIBE THE FORMULA AND CERTAIN REQUIREMENTS UNDER THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM (MAEP); TO REPEAL SECTION 37-152-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE COMMISSION ON RESTRUCTURING THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM (MAEP); TO REPEAL SECTIONS 27-65-75(5), 37-47-7 AND 37-47-24, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE EDUCATIONAL FACILITIES REVOLVING LOAN FUND AND ITS FUNDING MECHANISM; TO REPEAL SECTIONS 37-109-1, 37-109-3, 37-109-5, 37-109-7, 37-109-9 AND 37-109-11, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE MISSISSIPPI DUAL ENROLLMENT/DUAL CREDIT SCHOLARSHIP PROGRAM ACT OF 2023; AND FOR RELATED PURPOSES."