Senate Amendments to House Bill No. 1192
TO THE CLERK OF THE HOUSE:
THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 37-161-3, Mississippi Code of 1972, is amended as follows:
37-161-3. (1) The Legislature finds and declares the following:
(a) Meeting the educational needs of children in our state's schools is of the greatest importance to the future welfare of the State of Mississippi;
(b) Closing the achievement gap between high-performing students, including the achievement gap among at-risk students, is a significant and present challenge;
(c) Providing a broader range of educational options to parents and utilizing existing resources, along with technology, may help students in the state improve their academic achievement; and
(d) Many of the state's school districts currently lack the capacity to provide other public school choices for students whose schools are low performing.
(2) There is created the Mississippi Virtual Public School Program, which is the responsibility of the State Department of Education. It is the intent of the Legislature that the Mississippi Virtual Public School established under this section provides Mississippi families with an alternative choice to access additional educational resources in an effort to improve academic achievement. The Mississippi Virtual Public School must be recognized as a public school and provide equitable treatment and resources as are other public schools in the state. Private providers, overseen by the State Department of Education, may be selected by the State Board of Education to administer, manage or operate virtual school programs in this state, including the total operation of the Mississippi Virtual Public School Program. Any private provider chosen to provide services under the provisions of this subsection shall be chosen through the Mississippi Online Course Application Process.
(3) Nothing in this section may be interpreted as precluding the use of computer- and Internet-based instruction for students in a virtual or remote setting utilizing the Mississippi Virtual Public School.
(4) As used in this section, the following words and phrases have the meanings respectively ascribed unless the context clearly requires otherwise:
(a) "Mississippi Virtual Public School" means a public school in which the state uses technology in order to deliver instruction to students via the Internet in a virtual or remote setting.
(b) "Sponsor" means the public school district is responsible for the academic process for each student, including, but not limited to, enrollment, awarding of credit and monitoring progress.
(5) (a) The State Board of Education shall establish the Mississippi Virtual Public School beginning in school year 2006-2007.
(b) Students who enroll in the Mississippi Virtual Public School may reside anywhere in the State of Mississippi.
(6) Subject to appropriation, the Mississippi Virtual Public School shall provide to each student enrolled in the school all necessary instructional materials. Subject to appropriation, the sponsored school must ensure that each student is provided access to the necessary technology, such as a computer and printer, and to an Internet connection for schoolwork purposes.
(7) The Mississippi Department of Education shall have approval authority for all coursework and policy of the Mississippi Virtual Public School.
(8) Each teacher employed by or participating in the delivery of instruction through the Mississippi Virtual Public School must meet all qualifications for licensure in the State of Mississippi.
(9) Any student who meets state residency requirements may enroll in the Mississippi Virtual Public School.
(10) Enrollment in the Mississippi Virtual Public School shall be free of charge to students. The costs associated with the operations of the virtual school must be shared by the State Department of Education, subject to appropriation, and/or the local school districts. Once the State Department of Education appropriation and the local school district budgeted funds for Mississippi Virtual Public School have been expended and students choose to enroll in online courses, the costs of the online courses may be the responsibility of the students' parents or guardians.
(11) The Mississippi Department of Education is directed to provide a report on the Mississippi Virtual Public School and recommendations related to the future role of virtual education in public schools to the Chairman of the Senate Education Committee and the Chairman of the House of Representatives Education Committee by October 1, 2024. The report shall include, but not be limited to, an update on the history, cost, usage and student achievement related to the current Mississippi Virtual Public School and other virtual education programs which may exist in school districts across the state. The report shall also include, but not be limited to, recommendations related to using virtual education tools, including tools provided by or used by other public schools districts in Mississippi and/or third party vendors, to address student achievement, access to courses and teacher shortages in public schools.
SECTION 2 This act shall be known and may be cited as the "Mississippi Modified School Calendar Grant Program."
SECTION 3. The Mississippi Legislature finds the following:
(a) Whereas, a modified school calendar apportioning required instructional days throughout the year can increase student achievement and engagement and provide staff with a more flexible schedule.
(b) Therefore, it is the intent of the Mississippi Legislature to incentivize public school districts to maintain or consider adopting a modified school calendar by offsetting costs associated with adopting a modified school calendar through a time-limited grant.
SECTION 4. For purposes of this act, the following words shall have the meanings ascribed herein unless the context requires otherwise:
(a) "Grant program" means the Mississippi Modified School Calendar Grant Program established in this act.
(b) "Department" means the Mississippi Department of Education.
(c) "Modified school calendar" means a nontraditional school calendar in which the length of summer break is shortened, there are breaks dispersed throughout the school year, and required instructional days are evenly distributed across the calendar year.
(d) "School district" means all public school districts.
SECTION 5. (1) There is established the Mississippi Modified School Calendar Grant Program which shall be administered by the department for the purpose of offsetting initial costs incurred by school districts which have implemented or intend to implement a modified school calendar.
(2) Subject to the provisions of this act and any other applicable state law and regulation, school districts receiving a grant shall have the authority to use the funds provided in this grant program in a way that best facilitates their plan to transition to and maintain a modified school calendar and maximize student achievement and engagement.
SECTION 6. (1) The department shall:
(a) Inform all school districts about the grant program;
(b) Develop regulations and procedures to govern the administration of the grant program, including application requirements, within two (2) months after enactment; and
(c) Subject to appropriation, award school districts meeting the requirements of the program a grant for expenses related to the adoption or maintenance of a modified school calendar beginning in the 2024-2025 academic year. Initial grant awards shall be made by July 1, 2024, and July 1 of each year thereafter.
(2) The department shall administer this program with existing personnel and resources and shall not contract for external support.
(3) An application for an award from the grant program shall include:
(a) The rationale for adopting a modified school calendar, including relevant short- and long-term goals of the school district, which a modified calendar may help achieve;
(b) Evidence of community support and engagement to move to a modified school calendar;
(c) A detailed budget of operating expenses expected to be incurred as a result of adopting a modified calendar; and
(d) A detailed calendar, including plans for any intercession activities.
(4) Grants awarded shall be used for expenses incurred as a result of the adoption of a modified school calendar, including, but not limited to:
(a) Transportation;
(b) Certified and noncertified staffing during intercessions;
(c) Remediation and enrichment programs during intercession; and
(d) Utilities.
SECTION 7. (1) School districts shall be eligible for a maximum award of Two Hundred Fifty Thousand Dollars ($250,000.00) per year for a maximum of three (3) years.
(2) Eligible school districts shall include those which implement a modified school calendar by the beginning of the 2024-2025 academic year. Any school district which implemented a modified school calendar in the 2021-2022, 2022-2023, 2023-2024 or 2024-2025 academic years shall also be eligible.
(3) The amount awarded each year shall be based on the actual budget and plan submitted by the school district, the number of students in the school district, and other factors which may increase the cost of delivery of services, including the rural nature of the school district.
(4) The amount of the award shall not exceed the actual budget submitted by the school district related to modified school calendar costs.
(5) Grants received by school districts under this chapter shall not be used to purchase land, construct new facilities or to finance or satisfy any existing debt.
SECTION 8. There is created a special fund in the State Treasury, to be known as the "Mississippi Modified School Calendar Grant Fund," from which the grants authorized by this act shall be disbursed by the department. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall remain in the fund and shall not lapse into the State General Fund. Any interest earned or investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.
SECTION 9. The department shall provide a comprehensive report on the use of funds distributed under this grant program and the effectiveness of modified calendar school districts to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and Chairs of the Senate and House Appropriations and Education Committees by October 1, 2024, and October 1 of each year thereafter.
SECTION 10. This act shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 37-161-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PROVIDE A REPORT ON THE MISSISSIPPI VIRTUAL PUBLIC SCHOOL AND RECOMMENDATIONS RELATED TO THE FUTURE ROLE OF VIRTUAL EDUCATION IN PUBLIC SCHOOLS TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES EDUCATION COMMITTEES BY OCTOBER 1, 2024; TO ESTABLISH THE MISSISSIPPI MODIFIED SCHOOL CALENDAR GRANT PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF INCENTIVIZING PUBLIC SCHOOL DISTRICTS TO MAINTAIN OR CONSIDER ADOPTING A MODIFIED SCHOOL CALENDAR BY OFFSETTING COSTS ASSOCIATED WITH ADOPTING A MODIFIED SCHOOL CALENDAR THROUGH A TIME-LIMITED GRANT; TO REQUIRE THE DEPARTMENT TO DEVELOP REGULATIONS AND PROCEDURES TO GOVERN THE ADMINISTRATION OF THE GRANT PROGRAM, INCLUDING APPLICATION REQUIREMENTS; TO PROVIDE FOR THE ELIGIBILITY CRITERIA; TO PROVIDE THAT GRANTS AWARDED SHALL BE USED FOR EXPENSES INCURRED AS A RESULT OF THE ADOPTION OF A MODIFIED SCHOOL CALENDAR; TO PROVIDE THAT SCHOOL DISTRICTS SHALL BE ELIGIBLE FOR A MAXIMUM AWARD OF $250,000.00 PER YEAR FOR A MAXIMUM OF THREE YEARS; TO CREATE A SPECIAL FUND IN THE STATE TREASURY, TO BE KNOWN AS THE "MISSISSIPPI MODIFIED SCHOOL CALENDAR GRANT FUND"; TO REQUIRE THE DEPARTMENT TO PROVIDE A COMPREHENSIVE REPORT ON THE USE OF FUNDS DISTRIBUTED UNDER THIS GRANT PROGRAM TO THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND CHAIRS OF THE SENATE AND HOUSE APPROPRIATIONS AND EDUCATION COMMITTEES BY OCTOBER 1, 2024, AND OCTOBER 1 OF EACH YEAR THEREAFTER; AND FOR RELATED PURPOSES.
SS26\HB1192PS.J
Amanda White
Secretary of the Senate