MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Rules
By: Senator(s) Harkins
Senate Concurrent Resolution 548
(As Adopted by Senate and House)
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2024, IS RESCINDED AND SHALL NOT TAKE EFFECT; TO PROVIDE FOR A 1/2% INCREASE IN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."