House Bill NO. 706

By Senator(s) Committee

SECTION 1. As used in this act, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Board" means the State Board of Education.

(b) "School" means the Mississippi School of Humanities.

SECTION 2. (1) There is created the Mississippi School of Humanities, which shall be a residential school for eleventh and twelfth grade high school students located on the campus of Whitworth College in Brookhaven, Mississippi. The purpose of the school shall be to provide a more challenging educational experience for artistically talented and gifted students of the state to develop their full potential, including the teaching of humanities, creative writing and literature, and the school's curriculum and admissions policies shall reflect that purpose.

(2) The 2001-2002 school year shall be the first year that the school shall admit students for enrollment, which shall be limited to students in the eleventh grade during the school's first year. Beginning with the 2002-2003 school year, the school shall enroll students in the eleventh and twelfth grades.

SECTION 3. (1) The school shall be governed by the State Board of Education. The board shall develop a plan relating to the opening, operation and funding of the school to be presented to the Legislature during the 2000 Regular Session. The plan shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.

(2) The State Superintendent of Public Education shall appoint an advisory panel to assist the board in developing the plan relating to the school. The advisory panel shall consist of nine (9) appointed members as follows:

(a) Three (3) licensed school teachers or administrators, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;

(b) Three (3) citizens or professionals representing the areas of dance, creative writing, literature, music, theater arts or visual arts, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;

(c) Three (3) citizens knowledgeable in business, personnel management or public administration, with at least three years' actual experience therein, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts. In addition, one (1) member shall be a representative of the Mississippi Arts Commission to be designated by the commission, and one (1) member shall be a representative of the state institutions of higher learning in Mississippi which offer degrees in fine and performing arts, to be designated by the Board of Trustees of State Institutions of Higher Learning. Appointments to the advisory panel shall be made within ninety (90) days of passage of this act. The advisory panel shall meet upon the call of the State Superintendent of Education and shall organize for business by selecting a chairman and vice-chairman/secretary for keeping records of the panel. Members of the advisory panel shall receive no compensation but may be reimbursed for necessary expenses and mileage for attending meetings and necessary business of the panel, in the amount authorized for public employees under Section 25-3-41.

(3) The board may utilize the staff of the State Department of Education and other state agencies as may be required for the implementation of this act. The department may employ any personnel deemed necessary by the board for assisting in the development and implementation of the plan relating to the opening, operation and funding of the school. The board also may contract or enter into agreements with other agencies or private entities which it deems necessary to carry out its duties and functions relating to the opening and operation of the school.

(4) The board shall enter into agreements with the Board of Trustees of the Brookhaven Municipal Separate School District for the dual enrollment of students for the purpose of teaching all academic courses to students attending the school, and the local school board shall be fully authorized to offer any such courses to students attending the school. The State Board of Education may develop and issue necessary regulations for the coordination of such courses for these students, the preparation and transfer of transcripts, and the reimbursement of any costs incurred by the school district for providing such services.

(5) The campus grounds of the Mississippi School for Humanities shall be maintained by the City of Brookhaven, Mississippi.

SECTION 4. Subject to the availability of funding appropriated therefor, the board may hire a director of the school, who shall serve at the will and pleasure of the board. The director shall be the chief administrative officer of the school and shall administer the school in accordance with the policies established by the board. The director shall be responsible for those administrative duties and functions prescribed by the board, and the board, in its discretion, may delegate to the director such powers and duties as it deems appropriate.

SECTION 5. The board shall be the exclusive governing body of the school and shall promulgate rules and regulations required for the administration and operation of the school. The emphasis of the school shall be on the education and training of students in the performing and fine arts and in the humanities, but this emphasis shall not preclude the teaching of those liberal arts and science courses, math and science deemed necessary by the board to provide students with a well-rounded education. The programs of study at the school may not conflict with those programs available to students at the Mississippi School for Mathematics and Science.

SECTION 6. The board shall prepare the annual budget for the school. For the operation and support of the school, the board may receive contributions, donations, gifts, bequests of money, other forms of financial assistance and property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations and other sources, public or private, to be expended and utilized by the board in carrying out this act.

SECTION 7. All expenditures for the school shall be paid by the State Treasurer on warrants issued by the State Fiscal Officer, and the State Fiscal Officer shall issue his warrants upon requisition signed by the proper person, officer or officers.

SECTION 8. The State Board of Education may enter into agreements with the Mississippi Symphony Orchestra for providing classical music educational services to students in Grades Kindergarten through 12 at the Mississippi School for Humanities or at any other public school facility in Mississippi, subject to specific appropriation therefor by the Legislature. Such educational services shall include (a) music history, music instrument, and music performance instruction in the classroom; (b) symphony concerts for the students, programmed to support and enhance the teaching of history, literature and science; (c) chamber ensemble and chamber orchestra performances where members serve as educators as well as performers; (d) organizing and developing student performing ensembles, where members serve as music instrument instructors, conductors and performers; (e) symphony concerts for students, parents and other residents to enhance the position of the school as center of the local community; and (f) other services to be determined by agreement.

SECTION 9. Section 37-3-13, Mississippi Code of 1972, is amended as follows:

37-3-13. (1) Until July 1, 1984, the Assistant State Superintendent of Public Education, the directors, supervisors, clerical assistants, and employees shall be selected by, and hold office subject to the will of, the State Superintendent, except as provided in Section 37-3-17. The Assistant State Superintendent may be authorized to act in the absence or disability of the State Superintendent and shall perform such other duties as may be assigned to him by the State Superintendent. The State Superintendent shall have the power to assign to any division such clerical help as he may deem necessary and to discharge such clerical help among the divisions at any time necessity requires, except as provided in Section 37-3-17.

(2) From and after July 1, 1984, the deputy superintendents, associate superintendents and directors shall be selected by and hold office subject to the will of the State Superintendent of Public Education subject to the approval of the State Board of Education. All other personnel shall be competitively appointed by the State Superintendent and shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board. The State Board of Education shall set the salary of the deputy superintendents, associate superintendents and divisional directors, and the members of the teaching staffs and employees of the Mississippi School of Humanities. The State Superintendent, subject to the approval of the State Personnel Board, shall fix the amount of compensation of all employees of the State Department of Education. All salaries, compensation or expenses of any of the personnel of the department shall be paid upon the requisition of the State Superintendent of Public Education and warrant issued thereunder by the State Auditor out of funds appropriated by the Legislature in a lump sum upon the basis of budgetary requirements submitted by the Superintendent of Education or out of funds otherwise made available. The entire expense of administering the department shall never exceed the amount appropriated therefor, plus funds received from other sources other than state appropriations. For a violation of this provision, the superintendent shall be liable, and he and the sureties on his bond shall be required to restore any such excess.

SECTION 10. This act shall take effect and be in force from and after July 1, 1999, and shall stand repealed from and after July 2, 1999.

AN ACT TO CREATE THE MISSISSIPPI SCHOOL OF HUMANITIES; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO PROVIDE THAT THE SCHOOL SHALL BE A RESIDENTIAL FACILITY FOR TALENTED ELEVENTH AND TWELFTH GRADE STUDENTS; TO PROVIDE THAT THE SCHOOL SHALL BE GOVERNED BY THE STATE BOARD OF EDUCATION; TO REQUIRE THE BOARD TO DEVELOP A PLAN FOR THE OPENING, OPERATION AND FUNDING OF THE SCHOOL TO BE PRESENTED TO THE 2000 LEGISLATURE; TO ESTABLISH AN ADVISORY PANEL TO AUTHORIZE THE BOARD TO HIRE A DIRECTOR OF THE SCHOOL; TO REQUIRE THE BOARD TO DEVELOP RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE SCHOOL AND TO PREPARE THE ANNUAL BUDGET FOR THE SCHOOL; TO AUTHORIZE THE BOARD TO ACCEPT CONTRIBUTIONS FOR THE SUPPORT OF THE SCHOOL; TO AMEND SECTION 37-3-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARIES OF EMPLOYEES OF THE MISSISSIPPI SCHOOL OF HUMANITIES SHALL BE SET BY THE STATE BOARD OF EDUCATION; AND FOR RELATED PURPOSES.