MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education; Appropriations

By: Representative Gibbs

AN ACT TO AMEND SECTION 37-22-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SECOND-LEVEL FUNDING FOR ANY REGIONAL HIGH SCHOOL ESTABLISHED BY TWO OR MORE SCHOOL DISTRICTS WHICH IS THE ONLY HIGH SCHOOL IN THE COUNTY IN WHICH IT IS SITUATED; TO BRING FORWARD SECTIONS 37-7-417 AND 37-7-419, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE SCHOOL DISTRICTS TO ESTABLISH REGIONAL HIGH SCHOOLS AND PROVIDE FOR THE GOVERNANCE OF SUCH HIGH SCHOOLS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-22-3, Mississippi Code of 1972, is amended as follows:

37-22-3. There is * * * provided a Second-Level Funding Program which shall qualify any school district within a county wherein there is only one (1) school district and any school district in which there is a regional high school created by two (2) or more school districts, which is the only high school in the county, for additional state funding on an annual basis. The nonparticipation of any line consolidated school district to conform their district administration to receive second-level funding under the provisions of this section shall not prohibit the participation of any other school districts located within any of the affected counties in such funding program. In the event the board of trustees of a line consolidated school district elects to participate in second-level funding, it shall merge its administration with the county in which the majority of its facilities are located. The State Board of Education shall designate the county in which the majority of such line consolidated district facilities are located in accordance with its established inventory of school district facilities. The school board in any such county having only one (1) school district on July 1, 1989, * * * the school boards in any county having more than one (1) school district which hereafter adopts a plan for the transition of all administrative functions into one (1) school district for such county, and the school board of any school district in which, by agreement of two (2) or more school districts, a regional high school has been established which is the only high school in the county, shall qualify for this Second-Level Funding Program. Any uniform millage assistance grant received by an agricultural high school shall not affect the granting of second-level funding grants to any school district under the provisions of this section; and any agricultural high school located in such school district shall also be eligible for such second-level funding grants. The state funds available to such school district for the Second-Level Funding Program shall be Thirty-six Dollars ($36.00) per pupil in average daily attendance; however, whenever a school district is eligible for second-level funding grants because the school district has established, by agreement, with one or more other school districts, a regional high school which is the only high school in the county, the average daily attendance shall be the total average daily attendance for high school students in those school districts participating in the regional high school. The total state funds needed for the Second-Level Funding Program annually shall be the total of the amounts needed by all of the school districts in the state having one (1) school district within the county. The State Second-Level Funding Program Fund is * * * established in the State Treasury which shall be used to distribute the funds to school districts entitled to such funds under the provisions of this section. Any such funds shall be transferred to the school district maintenance fund of such district in the manner prescribed in Section 37-19-47 and shall be expended in the manner provided by law for classroom instructional purposes. A school district is entitled to such funds because the district has established, by agreement with one or more other school districts, a regional high school which is the only high school in the county, such funds shall be transferred to the school district designated as the fiscal agent of the regional high school pursuant to Section 37-7-419.

SECTION 2. Section 37-7-417, Mississippi Code of 1972, is brought forward as follows:

37-7-417. The various school districts of this state are authorized to enter into agreements between such school districts providing for the construction or operation of regional high school centers. Any such agreement shall be subject to the approval of the State Board of Education. Any such agreement may, among other provisions, provide for the method of financing the construction and operation of such facilities, the manner in which such facilities are to be controlled, operated and staffed, and the basis upon which students are to be admitted thereto and transportation provided for students in attendance therein. Any such agreement or any subsequent modification thereof shall be spread at large upon the minutes of each party thereto after having been duly adopted by the school board of each school district.

Such agreements may provide for the establishment of boards of trustees of such high school centers to be made up of representatives of the school boards of the school districts which may be parties thereto. Said school boards of the school districts to such agreement may delegate any and all powers of said trustees as may be necessary or desirable for the operation of any such regional high schools to the board of trustees of any such center so created, except for the power to request or require the levy of taxes or the power to issue or require the issuance of any bonds, notes or other evidences of indebtedness, or to call for an election on the question of the issuance thereof.

SECTION 3. Section 37-7-419, Mississippi Code of 1972, is amended as follows:

37-7-419. The various school districts which may become parties to any such agreement are authorized to appropriate and expend for the purposes thereof any and all funds which may be required to carry out the terms of any such agreement from any funds available to any such party to such an agreement not otherwise appropriated without limitation as to the source of such funds, including minimum foundation program funds, sixteenth section funds, funds received from the federal government or other sources by way of grant, donation or otherwise, and funds which may be available to any such party through the State Department of Education or any other agency of the state, regardless of the party to such agreement designated thereby to be primarily responsible for the construction or operation of any such regional high school center and regardless of the limitation on the expenditure of any such funds imposed by any other statute. However, no such funds whose use was originally limited to the construction of capital improvements shall be utilized for the purpose of defraying the administrative or operating costs of any such center. Any one or more of the parties to such an agreement may be designated as the fiscal agent or contracting party in carrying out any of the purposes of such agreement, and any and all funds authorized to be spent therefor by any of the said parties may be paid over to the fiscal agent or contracting party for disbursement by such fiscal agent or contracting party. Such disbursements shall be made and contracted for under the laws and regulations applicable to such fiscal or disbursing agent. All of the school district parties to any such agreement may issue bonds, negotiable notes or other evidences of indebtedness for the purpose of providing funds for the acquisition of land and for the construction of buildings and permanent improvements under the terms of any such agreement under any existing laws authorizing the issuance or sale thereof to provide funds for any capital improvement.

SECTION 4. This act shall take effect and be in force from and after July 1, 2000.