Senate Bill 2153

AN ACT TO AMEND SECTION 37-3-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF EDUCATION TO COLLECT CERTAIN INFORMATION AND MAKE CERTAIN RECOMMENDATIONS REGARDING SCHOOL DISTRICT TECHNOLOGY AND PLANS ADDRESSING TECHNOLOGY DISASTER RECOVERY; TO AMEND SECTION 37-9-59, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF EDUCATION TO SET STANDARDS REGARDING INVESTIGATIONS OF SCHOOL DISTRICT PERSONNEL; TO AMEND SECTION 37-13-137, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PROVIDE SCHOOL DISTRICTS WITH SUPPORT TO MAKE THEM MORE EFFICIENT AND EFFECTIVE PLANNERS OF SCHOOL NUTRITION PROGRAMS; TO AMEND SECTION 37-37-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF EDUCATION TO ANNUALLY REVIEW ITS ACCOUNTING PROCEDURES AND REQUIREMENTS FOR SCHOOL DISTRICTS TO ASSIST DISTRICTS IN PROVIDING GREATER DETAIL, CLARITY AND ACCURACY OF DISTRICT REVENUES AND EXPENSES; TO REQUIRE THE DEPARTMENT OF EDUCATION TO REPORT ANY RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION, THE MISSISSIPPI HOUSE AND SENATE EDUCATION COMMITTEES, AND THE PEER COMMITTEE NO LATER THAN DECEMBER 14 OF EACH YEAR; TO AMEND SECTION 37-41-13, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP GUIDANCE FOR SCHOOL DISTRICTS TO USE IN ASSESSING AND OPTIMIZING BUS ROUTES FOR IMPROVING TRANSPORTATION SERVICES AND REDUCING COSTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-3-5, Mississippi Code of 1972, is amended as follows:

37-3-5. (1) The State Department of Education is hereby charged with the execution of all laws relating to the administrative, supervisory and consultative services to the public schools and agricultural high schools of the school districts throughout the State of Mississippi. The State Department of Education is also authorized to grant property to public school districts and agricultural high schools of the State of Mississippi.

(2) Subject to the direction of the State Board of Education as provided by law, the administration, management and control of the department is hereby vested in the State Superintendent of Public Education, who shall be directly responsible for the rightful functioning thereof.

(3) The Department of Education shall aid school districts in creating technology and disaster recovery plans. The department shall develop a plan template and provide guidance documents for technology staff to use when developing these plans.

(4) In order for the Department of Education to better understand the resourses and support needed to assist school districts in improving their technology programs, the department shall conduct the following surveys at least every two (2) years:

(a) A detailed technology survey for district technology leaders; and

(b) A detailed survey for teaching staff regarding technology use in the classroom, including analyzing the effectiveness of the Equity in Distance Learning Act.

SECTION 2. Section 37-9-59, Mississippi Code of 1972, is amended as follows:

37-9-59. For incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil or other good cause the superintendent of schools may dismiss or suspend any licensed employee in any school district. Before being so dismissed or suspended any licensed employee shall be notified of the charges against him and he shall be advised that he is entitled to a public hearing upon said charges. Provided, however, that a school superintendent whose employment has been terminated under this section shall not have the right to request a hearing before the school board or a hearing officer. Provided, however, that a licensed employee in a conservator school district whose employment has been terminated under this section for good cause as determined by a conservator appointed by the State Board of Education shall not have a right to request a hearing before the school board, a hearing officer or the State Board of Education. The conservator has the right to immediately terminate a licensed employee under this section. In the event the continued presence of said employee on school premises poses a potential threat or danger to the health, safety or general welfare of the students, or, in the discretion of the superintendent, may interfere with or cause a disruption of normal school operations, the superintendent may immediately release said employee of all duties pending a hearing if one is requested by the employee. In the event a licensed employee is arrested, indicted or otherwise charged with a felony by a recognized law enforcement official, the continued presence of the licensed employee on school premises shall be deemed to constitute a disruption of normal school operations. The school board, upon a request for a hearing by the person so suspended or removed shall set a date, time and place for such hearing which shall be not sooner than five (5) days nor later than thirty (30) days from the date of the request. The procedure for such hearing shall be as prescribed for hearings before the board or hearing officer in Section 37-9-111. From the decision made at said hearing, any licensed employee shall be allowed an appeal to the chancery court in the same manner as appeals are authorized in Section 37-9-113. Any party aggrieved by action of the chancery court may appeal to the Mississippi Supreme Court as provided by law. In the event that a licensed employee is immediately relieved of duties pending a hearing, as provided in this section, said employee shall be entitled to compensation for a period up to and including the date that the initial hearing is set by the school board, in the event that there is a request for such a hearing by the employee. In the event that an employee does not request a hearing within five (5) calendar days of the date of the notice of discharge or suspension, it shall constitute a waiver of all rights by said employee and such discharge or suspension shall be effective on the date set out in the notice to the employee.

The school board of every school district in this state is hereby prohibited from denying employment or reemployment to any person as a superintendent, principal or licensed employee, as defined in Section 37-19-1, or as a noninstructional personnel, as defined in Section 37-9-1, for the single reason that any eligible child of such person does not attend the school system in which such superintendent, principal, licensed employee or noninstructional personnel is employed.

The provisions of this section shall be fully applicable to any administrator or employee of the Mississippi School of the Arts (MSA).

The Department of Education shall set parameters for school districts as to what constitutes an employee misconduct investigation, so that comparisons between districts can be made.

SECTION 3. Section 37-13-137, Mississippi Code of 1972, is amended as follows:

37-13-137. (1) The State Board of Education shall adopt regulations as provided in this section not later than March 1, 2008, which shall be effective for compliance by school districts beginning with the 2008-2009 school year, for the Child Nutrition School Breakfast and Lunch Programs that are not in conflict with the regulations of the United States Department of Agriculture (USDA). The regulations shall take into account the most recent and advanced scientific principles regarding good human health and fitness, and the effect of the regulations must be that the good health, well-being and fitness of Mississippi school children shall be advanced. The regulations shall include, but not be limited to, the following areas:

(a) Healthy food and beverage choices;

(b) Healthy food preparation;

(d) Food preparation ingredients and products;

(e) Minimum and maximum time allotment for students and staff lunch and breakfast periods;

(f) The availability of food items during the lunch and breakfast periods of the Child Nutrition School Breakfast and Lunch Programs; and

(g) Methods to increase participation in the Child Nutrition School Breakfast and Lunch Programs.

(2) The Office of Healthy Schools of the State Department of Education shall provide comprehensive training for superintendents, business managers, food service directors and food service managers of a local school district, or the designees appointed by those individuals for training purposes, as required by the department on marketing healthy foods, creating a healthy cafeteria environment, effective and efficient food service operations, the standards and expectations of food service staff, and other topics as identified by the department. The department may determine the time and location of the trainings and the frequency with which they are held. Persons employed by a local school district having the certification as a Food Service Administrator III or IV shall be exempt from the training requirements of this subsection.

(3) Local school districts may adopt rules and regulations that may be more stringent but not in conflict with those adopted by the State Board of Education under this section.

(4) The Department of Education shall develop guidance to help school district nutrition programs improve their meals per labor hour to ensure efficiency and productivity in food service in schools. The department shall develop a standardized guide to assist districts with strategies to increase their breakfast participation rates.

(5) The Department of Education shall develop guidance for school districts on using any excess reserves in their nutrition funds for allowable expenses that could contribute to a more efficient nutrition program.

SECTION 4. Section 37-37-1, Mississippi Code of 1972, is amended as follows:

37-37-1. (1) The State Department of Education is hereby authorized and directed to prescribe and formulate for use by all school districts of this state, including municipal separate school districts, adequate accounting systems and other essential financial records which shall be uniform for all of the school districts of this state. Such uniform system shall include a method of accounting for and keeping records of all funds received, handled and disbursed by such school district, whether derived from taxation or otherwise, including funds derived from donations, athletic events and other special activities of the school district. The uniform system of accounts so prescribed and formulated by the State Department of Education shall be distributed and disseminated to all of the school districts of this state and it shall be mandatory that the boards of trustees of all such school districts install, utilize and follow said uniform system of accounts in keeping the financial records of the school district. At the request of the Mississippi Department of Education, the Office of the State Auditor shall provide advice for implementation of this section.

(2) The Department of Education shall annually review its Accounting Manual for School Districts to determine whether it should make revisions that would assist districts in providing greater detail, clarity and accuracy of district revenues and expenses. The department shall report any recommendations to the State Board of Education, the Mississippi House and Senate Education Committees, and the PEER Committee no later than December 14 of each year.

SECTION 5. Section 37-41-13, Mississippi Code of 1972, is amended as follows:

37-41-13. All routes shall be laid out so as to place all pupils entitled to transportation within a reasonable distance of same. No child entitled to transportation shall be required to walk a greater distance than one (1) mile to reach the vehicle of transportation in the morning or to reach his home in the afternoon. The Department of Education shall develop guidance for school districts to use in assessing and optimizing bus routes with the goal of improving transportation services and reducing costs.

SECTION 6. This act shall take effect and be in force from and after July 1, 2025.