HB1636 (COMMITTEE SUBSTITUTE) - 1999 Regular Session

MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

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

House Bill 1636
(COMMITTEE SUBSTITUTE)

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 2000.

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, 1999, and ending June 30, 2000 $ 82,978,644.00.

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, 1999, and ending June 30, 2000

$ 588,616,223.00.

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. . . . . . . . . 503

Part Time. . . . . . . . . 3

Time-Limited: Full Time. . . . . . . . . 65

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

From the funds provided herein, 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.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 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-eight Million One Hundred Eighty-six Thousand Four Hundred Sixty-seven Dollars ($48,186,467.00) shall be derived from the School Ad Valorem Reduction Fund and Fifty-nine Million Nine Hundred Twenty-five Thousand Eight Hundred Thirty-two Dollars ($59,925,832.00) 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 ............$ 48,186,467.00

Grants to school districts for capital

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

Instructional Materials ................$ 17,812,648.00

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 .......$ 15,477,171.00

Implementing Performance Based Data

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

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

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

Adequate Education Program..............$ 9,378,126.00

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 .............................$ 108,112,299.00

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, Thirty-eight Million Three Hundred Fifty-seven Thousand Nine Hundred Forty-two Dollars ($38,357,942.00) 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...............$ 3,324,733.00

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

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

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

Adequate Education Program..............$ 16,386,456.00

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

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

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

Dyslexia Program........................$ 300,000.00

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

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

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

Tech Prep Bond Debt.....................$ 3,214,425.00

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

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

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

Tech Prep Equipment Upgrade.............$ 2,500,000.00

Family Resource Centers.................$ 1,400,000.00

Travel and Tourism......................$ 125,000.00

Mississippi School for Fine Arts........$ 156,920.00

Jobs for Mississippi Graduates..........$ 250,000.00

Statewide Testing Contract..............$ 900,000.00

TOTAL .............................$ 38,357,942.00

SECTION 6. Of the funds appropriated in Section 2, Three Million Four Hundred Thousand Dollars ($3,400,000.00) 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 Five Hundred One Thousand Seven Hundred Twenty-six Dollars ($1,501,726.00) 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 Five Hundred One Thousand Seven Hundred Twenty-six Dollars ($1,501,726.00) 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:

FY00

Performance Measures Target

General Education Programs/HB4

Administration

Special Education

Approved teacher unit funding (units) 4,100

Approved education child placements (children) 905

Child Nutrition

Number of meals required (millions) 127

Cost per meal (dollars) 2.07

Special Projects

Building projects approved (projects) 90

Project approval rate (percent) 95 Industrial Training

Industries served (entities) 250

Workers trained (persons) 39,000

Cost per trainee (dollars) 171

School for Math and Science

Students enrolled (persons) 270

Cost per student (dollars) 14,166.00

Educational Accountability

Performance accreditation visits (visits) 70 Tests administered (persons) 435,000

Compliance reviews (actions) 70

Educational Training and Development

Administrators trained (persons) 1,440

Percentage of administrators trained (percent) 68

Technical assistance to school districts

(percent) 100%

Compensatory Education

Title I projects awarded (programs) 152

Review delinquent programs (programs) 2 Average expenditure per child (dollars) 542.00

Community and Outreach Services

Requested available federal funding

(percent) 100%

Educational Technology

Tech Prep Sites Implemented (sites) 116

Tech Prep funds allocated (millions) 0

Mississippi Teacher Center

Teachers recruited in shortage areas (number) 450

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 2001.

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, 1999, and ending June 30, 2000

$ 65,061,366.00.

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, 1999, and ending June 30, 2000 $ 25,567,558.00.

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

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 71

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

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

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

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

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 Sections 9 and 10, an amount not to exceed Two Hundred Nine Thousand Six Hundred Eighty-four Dollars ($209,684.00) 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. Of the funds appropriated under the provisions of Section 10, One Million Eight Hundred Nine Thousand Two Hundred Seventy-five Dollars ($1,809,275.00) shall be derived from Education Enhancement Funds deposited pursuant to Section 27-103-203 (1), Mississippi Code of 1972, for the following purposes:

Post Secondary Vocation Salary...........$ 759,230.00

Vocational Agricultural Support..........$ 1,050,045.00

TOTAL...............................$ 1,809,275.00

SECTION 15. 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 16. Of the funds appropriated in Sections 9 and 10, no more than One Hundred Thousand Dollars ($100,000.00) is provided for the purpose of supporting the Future Farmers of America Center.

SECTION 17. 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:

FY00

Performance Measures Target

Vocational and Technical Education

Vocational - Secondary Programs

Increase in students served (%) 10

LEAs served (sites) 152

Tech Prep sites established (sites) 20

Vocational - Post Secondary Programs

Short-term students served (persons) 12,500

Short-term adult program classes (classes) 790

Short-term cost per student (dollars) 113

SECTION 18. 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, 1999 and ending June 30, 2000 $ 21,400,000.00.

SECTION 19. 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, 1999, and ending June 30, 2000 $ 15,310,351.00.

SECTION 20. 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 21. 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 2000 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 2000 for this agency. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2001 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 2000 budget request process.

SECTION 22. 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 23. Of the funds appropriated in Sections 1 and 2, funds in the amount of Eight Million Nine Hundred Eighty-five Thousand Dollars ($8,985,000.00) 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 2000 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, 1999, or after, and shall not be expended for obligations made prior to this date.

SECTION 24. 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 25. 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, except that the State Department of Education is authorized to pilot a fee-for-service based cost system for children served through Millcreek Schools, Inc.

SECTION 26. 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 27. Of the funds appropriated under the provisions of Sections 1 and 2, the amount of Eighty-eight Million Three Hundred Two Thousand Seven Hundred Six Dollars ($88,302,706.00) 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 28. 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 29. 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 30. Funds are provided in this act for the reallocation of twenty-three (23) positions for an amount not to exceed Eighty Thousand Three Hundred Thirty-four Dollars ($80,334.00).

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 Eight Hundred Thousand Dollars ($1,800,000.00) 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, Fifty Thousand Dollars ($50,000.00) shall be transferred to the Mississippi Eye Screening Program for providing vision screening services.

SECTION 35. With the funds provided herein, the State Department of Education shall conduct a study of the Hispanic school-age population in the state to include number, age, location, an assessment of needs relative to limited English speaking abilities and other related information. The study shall be provided to the Legislature on or before January 1, 2000.

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, 1999.