HB1771 (As Sent to Governor) - 1998 Regular Session

MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Appropriations

By: Representatives McCoy, Scott (17th), Barnett (92nd), Frierson, Livingston, McInnis, Peranich, Read, Vince

House Bill 1771
(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE GENERAL EDUCATION PROGRAMS, THE VOCATIONAL AND TECHNICAL EDUCATION DIVISION OF THE STATE DEPARTMENT OF EDUCATION AND THE MISSISSIPPI SCHOOL DISTRICT UNIFORM MILLAGE ASSISTANCE GRANT PROGRAM FOR THE FISCAL YEAR 1999.

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

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division, for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 60,416,703.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the State Department of Education which is comprised of special source funds collected by or otherwise available to the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 1998, and ending June 30, 1999

$ 493,825,392.00.

SECTION 3. Of the funds appropriated under the provisions of Section 1 and Section 2, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 496

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 68

Part Time. . . . . . . . . 1

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein. Unless otherwise permitted by law, no single event, including promotion, reclassification or reallocation, shall exceed the greater of (1) the difference between the starting salary (start step) of the current classification and the new classification added to the employee's current salary (current step), or (2) the salary that could be paid to an equally qualified, newly hired employee. If an eligible employee is currently at or above the end salary for his or her job classification, then the increase authorized by subparagraphs (b), (c) and (d) shall be built into the employee's base salary. To be eligible, employees may not have a current performance rating below "meets expectations" (2.0), as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 1999 shall receive the salary increase effective the date of the rating.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full time employees receive a minimum increase of Six Hundred Dollars ($600.00) and not more than Nine Hundred Dollars ($900.00), to the next higher step.

(c) Funds are provided for MH-Direct Care Worker Classifications to receive an average increase of One Thousand Five Hundred Dollars ($1,500.00). It is the intention of the Legislature that MH-Direct Care Worker Classifications increases resulting from the provisions of Senate Bill No. 2100, 1997 Regular Session, may be fully implemented as funds become available.

(d) Funds are provided for a Nine Hundred Dollar ($900.00) increase for Information Technology positions. Agencies may effect additional increases in accordance with the Information Technology Special Compensation Plan established by the State Personnel Board as funds become available.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2000 do not exceed Fiscal Year 1999 funds appropriated for that purpose unless programs or positions are added to the agency's budget by the Mississippi Legislature.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

The State Department of Education shall prepare and present to the Joint Legislative Budget Committee and the Department of Finance and Administration and make available to the Legislature an accounting of program expenditures for all programs once at the beginning of the legislative session and once at the end of the fiscal year. The department at the same time shall present a summary report for each program.

SECTION 4. Of the funds appropriated in Section 2, Forty-three Million Four Hundred Twenty-eight Thousand One Hundred Seventy-four Dollars ($43,428,174.00) shall be derived from the School Ad Valorem Reduction Fund and Fifty-three Million Nine Hundred Eighty-one Thousand Nine Hundred Twenty-two Dollars ($53,981,922.00) shall be derived from the Education Enhancement Fund deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, for the following purposes:

School Ad Valorem Reduction ............$ 43,428,174.00

Grants to school districts for capital

facilities and buses ...................$ 16,000,000.00

Instructional Materials ................$ 16,279,874.00

Purchasing textbooks and other

educational materials, but not to

include more than Two Million

Dollars ($2,000,000.00) for technology

enhancement projects for elementary

and secondary education programs .......$ 14,145,364.00

Implementing Performance Based Data

Collection and Accreditation Model .....$ 292,232.00

Industrial Training ....................$ 500,000.00

Administrator Training..................$ 128,266.00

Adequate Education Program..............$ 6,298,797.00

World Class Teacher Program.............$ 125,000.00

Mississippi School Boards Association

Continuing Training ....................$ 50,000.00

School Board Training ..................$ 62,389.00

Education Technology Council ...........$ 100,000.00

TOTAL .............................$ 97,410,096.00

No school district shall expend any funds, received under the School Ad Valorem Reduction Grant, unless such school district has specifically identified the amount of said grant within the published budget as required by Section 37-61-9, Mississippi Code of 1972. The published budget shall include the following statement: "Ad Valorem taxes will be $________ less as a result of the Ad Valorem Reduction Grants enacted by the Mississippi Legislature in 1992."

SECTION 5. Of the funds appropriated in Section 2, Twenty-one Million Nine Hundred Fifty-nine Thousand Four Hundred Sixty-three Dollars ($21,959,463.00) shall be derived from Education Enhancement Funds deposited pursuant to Section 27-103-203 (1), Mississippi Code of 1972, for the following purposes:

Reading Initiative......................$ 1,312,413.00

Master Teacher Assessment...............$ 514,000.00

Wildlife Museum.........................$ 450,000.00

Regional HUB Connection.................$ 150,000.00

Industrial Training.....................$ 1,185,000.00

Adequate Education Program..............$ 8,380,555.00

Teacher Shortage Initiative.............$ 2,409,360.00

MSU Institute for Educational Design....$ 100,000.00

National Guard Youth Challenge .........$ 2,086,683.00

Network Backbone........................$ 650,000.00

Dyslexia Program........................$ 210,000.00

Regional Technical Support..............$ 250,000.00

Technology in Classroom.................$ 380,000.00

Greater Columbus Early Learning Center..$ 40,000.00

World Class Teacher Program.............$ 300,000.00

Tech Prep Bond Debt.....................$ 2,914,500.00

Teacher Leader Model....................$ 100,000.00

Assistant Teacher Training Program......$ 150,000.00

Idea Program............................$ 376,952.00

TOTAL .............................$ 21,959,463.00

SECTION 6. Of the funds appropriated in Section 2, Three Million Two Hundred Eighty Thousand Dollars ($3,280,000.00) shall be derived from the Technology in Classroom Fund 3203.

SECTION 7. Of the funds appropriated under the provisions of Section 2, funds in the amount of One Million Two Hundred Twenty-five Thousand Dollars ($1,225,000.00) shall come from income derived from the principal of the Education Improvement Trust Fund created by Section 206A, Mississippi Constitution of 1890, and One Million Two Hundred Twenty-five Thousand Dollars ($1,225,000.00) shall be used for the School for Math and Science.

SECTION 8. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided in Sections 1 and 2 shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY99

Performance Measures Target

General Education Programs

Administration

Special Education

Approved funding for children (persons) 775

Teacher units approved for funding (units) 4,115

Child Nutrition

Number of meals required (millions) 125

Cost per meal (dollars) $1.15

Special Projects

Building projects approved (projects) 90

Project approval rate (percent) 95%

Industrial Training

Cost per trainee (dollars) $181.00

Workers trained (persons) 38,500

Industries served (entities) 250

School for Math and Science

Students enrolled (persons) 280

Cost per student (dollars) $12,493.00

Educational Accountability

Performance accreditation visits (visits) 100 Tests administered (persons) 340,000

Compliance/performance reviews (actions) 100

Educational Training and Development

Percentage of administrators trained (percent) 80%

Administrators trained (persons) 1,400 Technical assistance to school districts

(percent) 100%

Compensatory Education

Title Programs awarded (programs) 152

Review/approve delinquent programs (programs) 50 Average expenditure per child (dollars) $515.00

Community Services

Request all available federal funding

(percent) 100%

Educational Technology

Tech Prep funds allocated (million dollars) $30.00

Implement sites (sites) 212

A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 1999.

SECTION 9. In addition to any other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of Education for the fiscal year beginning July 1, 1998, and ending June 30, 1999

$ 61,017,555.00.

SECTION 10. In addition to any other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Vocational and Technical Education Division of the State Department of Education which is comprised of special source funds collected by or otherwise available to the division, for the purpose of defraying the expenses of the division for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 23,692,454.00.

SECTION 11. Of the funds appropriated under the provisions of Sections 9 and 10, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 70

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

SECTION 12. Of the funds appropriated under the provisions of Section 9, an amount not to exceed Ninety-one Thousand One Hundred Seventy-three Dollars ($91,173.00) is authorized for the support of Vocational and Technical Education Programs as authorized in Section 37-31-13, Mississippi Code of 1972, for a period in excess of ten (10) months in a calendar year.

SECTION 13. Of the funds appropriated under the provisions of Section 10, Eight Million One Hundred Seventy-eight Thousand Seven Hundred Forty-six Dollars ($8,178,746.00) shall be derived from the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972.

SECTION 14. It is the intention of the Legislature that the Vocational and Technical Education Division of the State Department of Education shall, with the funds appropriated in Section 9, transfer no more than One Hundred Thousand Dollars ($100,000.00) to the Mississippi Soil and Water Conservation Commission for the purpose of providing matching funds to purchase soil conservation equipment.

SECTION 15. Of the funds appropriated in Section 9, no more than Seventy Thousand Dollars ($70,000.00) is provided for the purpose of supporting the Future Farmers of America Center.

SECTION 16. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY99

Performance Measures Target

Vocational and Technical Education

Vocational - Secondary Programs

Increase in students served (%) 20

LEAs served (sites) 152

Tech Prep sites established (sites) 30

Vocational - Post Secondary Programs

Short-term students served (persons) 21,386

Short-term adult program classes (classes) 1440

Short-term cost per student (dollars) 185

SECTION 17. In addition to any other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Department of Education, for the purpose of providing funding for the Mississippi School District Uniform Millage Assistance Grant Program, the Second Level Funding Program and the Emergency Fund Loss Assistance Program for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 21,400,000.00.

SECTION 18. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, not otherwise appropriated, to the State Department of Education, for the purpose of providing funding for the Uniform Millage Assistance Grant Program, the Second Level Funding Program and the Emergency Loss Assistance Program for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 13,992,899.00.

SECTION 19. With respect to agency programs whose operation is dependent on the receipt of federal funds, it is the intent of the Legislature, except as hereinafter provided, that no funds from the State General Fund be expended to administer, support or in any way continue such programs should federal funds for their operation be reduced or become unavailable and that no funds from the State General Fund available for expenditure under this act shall be used to replace federal funds in any major object of expenditure.

SECTION 20. It is the intention of the Legislature that the State Department of Education and Vocational and Technical Education Division shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 1999. The Department of Finance and Administration shall insure that financial controls comparable to those utilized for Fiscal Year 1999 are maintained throughout Fiscal Year 1999 for this agency. The State Personnel Board shall insure that personnel controls and records comparable to those utilized for Fiscal Year 1999 are maintained throughout Fiscal Year 1999 for this agency. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 1999 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 1999 budget request process.

SECTION 21. Any school district receiving conservatorship assistance from the State Department of Education shall pay for any additional assistance as determined by the State Department of Education from any source funds available.

SECTION 22. Of the funds appropriated in Sections 1 and 2, funds in the amount of Ten Million Seven Hundred Seventy-one Thousand Six Hundred Eighty-three Dollars ($10,771,683.00) are provided for the Industrial Training Program. No funding obligation or commitment shall be made on behalf of the state for the Industrial Training Funds beyond the level of funding made available in this section. All Industrial Training commitments made in Fiscal Year 1999 and future fiscal years shall be based only upon funds available in this section and any proposed commitments shall be approved by the State Superintendent of Education, or the Superintendent's designee prior to such commitment being finalized. Industrial Training Program commitments shall be made and based only upon training services provided and not for a specific funding amount. Any expenditures of funds authorized in these sections are limited to obligations made July 1, 1998, or after, and shall not be expended for obligations made prior to this date.

SECTION 23. Should revenues generated and deposited to the Education Enhancement Fund pursuant to Section 27-103-203 (1), Mississippi Code of 1972, and apportioned pursuant to Section 37-61-33 (6), Mississippi Code of 1972, fall below funds appropriated herein from said source, the State Department of Education shall notify the Department of Finance and Administration as to which allotments shall be reduced to insure expenditures do not exceed actual revenues.

SECTION 24. Of the funds provided in Section 1 for the purpose of providing financial assistance for the education of exceptional children as determined under Section 37-23-63, Mississippi Code of 1972, children who are certified by the designated authority as requiring inpatient care in a private intermediate care facility for the mentally retarded or psychiatric residential treatment facility, with Medicaid reimbursement, shall be eligible and entitled to receive state financial assistance under the provisions of Section 37-23-69, in an amount not to exceed Five Thousand Dollars ($5,000.00) from state funds, per child per school year, if an approved private school is operated as an integral part of the facility which provides twenty-four (24) hours a day monitoring, treatment and education.

SECTION 25. Of the funds appropriated in Section 2 in accordance with Sections 37-31-103 through 37-31-111, Mississippi Code of 1972, training will be conducted in the areas outlined in Section 37-31-103 (2) for TANF recipients and subject to agreement between the Mississippi State Department of Education and the Mississippi Department of Human Services.

SECTION 26. Of the funds appropriated under the provisions of Sections 1 and 2, the amount of Twenty-seven Million Eight Hundred Thirty Thousand Fifteen Dollars ($27,830,015.00) shall be derived from the Interim School District Capital Expenditure Fund for the benefit of the school districts as authorized in Senate Bill No. 2649, 1997 Regular Session.

SECTION 27. Of the funds provided in Section 1, Six Hundred Thousand Dollars ($600,000.00) shall be used to provide for a Director of School Nurses in the State Department of Education and the implementation of three (3) pilot projects for a variety of school health programs in an elementary school setting. Evaluations shall be developed to determine the program's effect to drop-out rates, suspensions, expulsions, attendance and test scores.

SECTION 28. It is the intention of the Legislature that the State Department of Education shall have the authority to accept, budget and expend any source funds not to exceed Thirty Million Dollars ($30,000,000.00), that become available to the department to carry out the provisions of those funds in a manner consistent with the rules and regulations of the Department of Finance and Administration.

SECTION 29. With the funds provided herein, it is the intention of the Legislature that Six Hundred Fifty Thousand Dollars ($650,000.00) shall be transferred to the Mississippi Department of Information Technology Services for the statewide data network backbone.

SECTION 30. Funds are provided in this act for the reallocation of fifteen (15) positions for an amount not to exceed Fifty-nine Thousand Seven Hundred Sixty-two Dollars ($59,762.00).

SECTION 31. The State Department of Education shall transfer the designated amounts to the appropriate entities, which shall assume full responsibility for the expenditure of these funds in accordance with state laws and accept all responsibility for any improper expenditure. For the following: National Guard Youth Challenge Program, MSU Capital Improvements Project, World Class Teacher Programs, Writing and Thinking Institute, USM Special Education Program, Soil and Water Conservation Commission, Mississippi School Boards Association and Department of Wildlife, Fisheries and Parks, City of New Albany and Mississippi Eye Screening Program.

SECTION 32. With the funds provided herein, it is the intention of the Legislature that an amount not to exceed Three Million Dollars ($3,000,000.00) may be transferred to the Minimum Program budget.

SECTION 33. With the funds provided herein, it is the intention of the Legislature that an amount not to exceed One Million Two Hundred Thousand Dollars ($1,200,000.00) may be transferred to the Institutions of Higher Learning for the purpose of providing certain scholarships for the Mississippi Critical Teacher Shortage Fund as authorized in House Bill No. 609, 1998 Regular Session.

SECTION 34. Of the funds appropriated herein, One Hundred Thousand Dollars ($100,000.00) shall be transferred to the City of New Albany for restoration and furnishings for William Faulkner's birthplace.

SECTION 35. Of the funds appropriated herein, Fifty Thousand Dollars ($50,000.00) shall be transferred to the Mississippi Eye Screening Program for providing vision screening services.

SECTION 36. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

SECTION 37. This act shall take effect and be in force from and after July 1, 1998.