MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education; Appropriations

By: Senator(s) Simmons, Blackmon, Turner, Johnson (38th)

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

SECTION 1. Section 37-3-81, Mississippi Code of 1972, is amended as follows:

37-3-81. The Department of Education shall establish and maintain a School Safety Center, which shall operate a statewide information clearinghouse that (a) provides assistance to school districts and communities during school crisis; and (b) provides technical assistance to public school officials and parents who need assistance in developing school safety plans and in maintaining a safe school environment.

SECTION 2. Section 37-3-83, Mississippi Code of 1972, is amended as follows:

37-3-83. (1) There is established within the State Department of Education a School Safety Grant Program, available to all eligible public school districts, to assist in financing programs to provide school safety.

(2) Subject to the extent of appropriations available, the School Safety Grant Program shall offer any of the following specific preventive services, and other additional services appropriate to school safety, to be provided through the School Safety Center:

(a) Metal detectors;

(b) Video surveillance cameras, communication equipment and monitoring equipment for classrooms, school buildings and school buses;

(c) Crisis management/action teams responding to school violence; and

(d) Violence prevention training, conflict resolution training, and other appropriate training designated by the State Department of Education for faculty and staff.

(3) Each local school district of this state may annually apply for * * * school safety grant funds subject to appropriations by the Legislature. In order to be eligible for such program, each local school board desiring to participate shall apply to the State Department of Education by May 31 before the beginning of the applicable fiscal year on forms provided by the department, and shall be required to establish a local School Safety Task Force to involve members of the community in the school safety effort. The State Department of Education shall determine by July 1 of each succeeding year which local school districts have submitted approved applications for school safety grants.

(4) As part of the School Safety Grant Program, the State Department of Education may conduct a pilot program to research the feasibility of using video camera equipment in the classroom to address the following:

(a) Determine if video cameras in the classroom reduce student disciplinary problems;

(b) Enable teachers to present clear and convincing evidence of a student's disruptive behavior to the student, the principal, the superintendent and the student's parents; and

(c) Enable teachers to review teaching performance and receive diagnostic feedback for developmental purposes.

The results of any such pilot program shall be reported to the Chairmen of the Education Committees in the House of Representatives and Senate by December 15 of the year following implementation of the pilot program. Any funds appropriated by the Legislature for the support of the pilot program shall be used only for the purchase of equipment and supplies necessary for implementation of the pilot program.

(5) Any local school district may use video camera equipment in classrooms for the purpose of monitoring school disciplinary problems.

SECTION 3. (1) There is established a School Crisis Management Program which shall be attached to the State Department of Education. Under this program, the State Department of Education shall create an office to provide a quick response team of mental health professionals, law enforcement officers experienced in school crisis situations, attorneys and other individuals with appropriate training, to respond to traumatic or violent situations that impact students and faculty in the public schools in Mississippi. The State Department of Education may enter into a contractual agreement with the Mississippi Chapter of the National Association of Social Workers for the administration of the program. The School Crisis Management Program shall meet the following conditions:

(a) The basic response team shall consist of at least three (3) individuals, and may consist of a larger number depending on the size of the school and the nature of the event. Each team shall include a licensed counselor or licensed psychologist, a licensed social worker, a law enforcement officer experienced in school crisis situations, and may include an attorney and other individuals with appropriate training. The State Department of Education shall contract with the following associations in order to train and commit individuals on a team: The Mississippi Counseling Association, the Mississippi Psychological Association, the Mississippi Chapter of the National Association of Social Workers, the Mississippi Sheriffs Association, The Mississippi Bar and other appropriate associations associated with individuals trained in school crisis management.

(b) In order to access the services of a response team, the request shall be made by the local school principal or the superintendent of schools who shall make the request to the State Department of Education, or its contact designee.

(c) The requesting school or school district shall commit student time to the response team during the school day either individually or in groups.

(d) A response team shall enter a school to work with students and faculty for no more than a three-day period.

(e) Response teams shall be organized on a regional basis in order to provide immediate access to these services.

(f) The State Department of Education, or its contact designee, shall operate a toll-free incoming wide area telephone service for the purpose of reporting suspected cases of school violence, and other traumatic situations impacting on students and faculty in the public schools.

(g) Subject to the availability of funds specifically appropriated therefor by the Legislature, the expenses of the quick response teams and their administrative support shall be provided from state funds, and the State Department of Education may apply for and expend funds for the support and maintenance of this program from private and other funding sources.

(2) Local school districts, school superintendents and principals shall be fully authorized to request and utilize the services of quick response teams provided for under this section. This section shall not be construed to require school officials to request the services of quick response teams provided for under this section.

SECTION 4. (1) The State Board of Education, in its discretion, may offer funds for replication of voluntary parent/family education programs that support and affirm the role of parents as the primary early childhood educator of their children for families with children aged pre-natal through four (4) years, or until entering kindergarten, using personal visits. The parent/family education programs shall provide parents with opportunities to voluntarily obtain support and services that will enable them to provide optimum learning environments for their children, particularly from birth to the age of four (4) years, within the home or selected site. These programs shall use research-based, independently-evaluated, proven research models showing the following outcomes: (a) children with enhanced language, problem-solving and social development; (b) children entering school with increased readiness skills; (c) fewer children placed in special education or remedial classes; (d) lower incidence of child abuse and neglect; (e) higher scores on standardized reading and math tests in elementary grades; (f) parents are more confident in their parenting knowledge and skills; (g) parents who read more to their children; and (h) more parental involvement when children enter school. Program outcomes shall be determined through a long-range evaluation that tracks participating children through the third grade.

(2) The State Board of Education shall (a) determine a process for interested school districts and other nonprofit entities in partnership with a school district to apply for grant funds in order to participate in the programs; (b) monitor program operations; (c) evaluate program effectiveness; and (d) develop rules for the administration of the program. In developing the process, the State Board of Education shall utilize, but not be limited to, representatives of the following categories: parents; local school districts' parent education programs staff; the Department of Human Services, Division of Family and Children's Services; head start; the cooperative extension services and USOE funded parental assistance programs. In the event an Interagency Coordinating Council for Early Childhood Services, or similar organization, is established by act of the Legislature, the State Board of Education may contract with such interagency council for the performance of its duties and responsibilities under this act.

(3) As part of the application process for participation in the program, applicants must demonstrate to the council that the program is a collaborative undertaking of various community organizations. School districts and other nonprofit entities in partnership with a school district applying for funds shall be required to develop a collaborative plan that includes, but is not limited to, participation of the local extension service, head start, health department, human services and other agencies as deemed by the advisory board in the local development plan. Programs seeking funds under this act shall be required to provide a twenty-five percent (25%) match. Programs shall be housed in parent/family resource centers developed around existing DHS Families First criteria and the State Department of Education Parent/Family Center guidelines. Parent education programs shall have a broad-based community advisory board including, but not limited to, representatives of the following categories: parents, local school districts' parent education programs staff, DHS-Division of Family and Children's Services, head start/private child care providers, cooperative extension services and State Department of Health.

(4) The State Department of Education may accept any funds, public or private, made available to the department for the program. The funds shall be used to award grants to the participating parent/family education services programs for the support of such programs. A parent/family education services program may use any available funding to support the administration of the program.

(5) The State Board of Education shall develop an annual reporting process to inform the Legislature, local school district personnel and the general public as to all programs funded under this section:

(a) Number of children and families served;

(b) Number of parent educators and other personnel, qualifications, training related to home visit programs and parent/family resource center establishment and experience levels;

(c) Annual program cost, with identification by name and amount of the source of funds for each program;

(d) Annual budget, administrative costs and other pertinent fiscal information;

(e) Annual salary and fringe benefit information for each employee in the program;

(f) Annual cost of materials, training and other instructional costs related to the program;

(g) Annual cost of program on a per-family basis;

(h) Other information as directed by the State Board of Education;

(i) Advisory board members' names and titles; and

(j) Analysis of this program's impact on Grades K-3 as indicated in an independent evaluation.

(6) The In-home Parent and Family Education Program Fund is established. Funds made available by the Legislature for the support and maintenance of voluntary parent and family education program through personal visits authorized under this act shall be deposited into the fund. Beginning in fiscal year 2001, the State Board of Education shall award grants for not less than one (1) program in each Mississippi congressional district and not more than ten (10) programs with up to four (4) parent educators each in any Mississippi congressional district, and in subsequent fiscal years may award additional program grants subject to the availability of funds specifically appropriated therefor.

SECTION 5. (1) As used in this act, the term "four-year old" means any child age 4 on or before September 1.

(2) To ensure that all four-year olds have access to quality educational services, the Legislature hereby finds and declares that:

(a) Parents have the primary duty to educate their young preschool children.

(b) The State of Mississippi can assist parents in their role as the primary caregivers and educators by providing services for a full day pre-kindergarten program that addresses instructional, social and emotional needs for four-year old children.

(3) The State Board of Education, in collaboration with the Department of Human Services, shall develop and implement a program to provide services for a full day pre-kindergarten program that addresses the cognitive, social and emotional needs of four-year old children, subject to the following conditions and provisions:

(a) The State Board of Education, the Department of Human Services, the State Board of Health, the Mississippi Head Start Association and the public and private daycare centers shall jointly develop criteria for (i) the enrollment of four-year old children who have predicted significant readiness deficiencies, (ii) the qualifications of personnel employed to serve the said children, (iii) pupil/teacher ratio, (iv) health and safety standards, (v) hours of operation of such programs, and (vi) provide for the transportation of said children.

(b) The core curriculum of all such four-year old programs will meet or exceed the State Department of Education's Pre-Kindergarten Curriculum benchmarks. The curriculum shall encompass language development, mathematics language development: math concepts, social/emotional development and physical development (fine, gross, sensory motor development).

(c) To ensure coordination, the school district shall review available educational resources, programs and services in order to avoid duplication of public services.

(d) The State Board of Education shall determine a process for interested school districts to apply for grant funds in order to participate in such four-year old programs. Beginning in fiscal year 2001, the State Board of Education shall award grants for not less than one (1) program in each Mississippi congressional district and not more than twenty-five (25) programs in all, and in subsequent years may award additional program grants subject to the availability of funds specifically appropriated therefor by the Legislature. These programs shall be awarded to targeted school districts which are in need of an instructional program for four-year old children who have predicted significant readiness deficiencies. The State Department of Education will annually determine a cost-per-child rate which shall be used in funding a targeted program, and shall collaborate with the Department of Human Services in the determination of fair market rates for subsidized child care. The targeted districts will be responsible for blending services for children to avoid duplication in the areas of transportation, personnel, training of personnel, facilities and child nutrition.

(4) The Pre-Kindergarten Education Program Fund is established. Funds made available by the Legislature for the support and maintenance of full day pre-kindergarten education programs authorized under this act shall be deposited into the fund.

(5) The State Board of Education shall report to the Legislature on July 1, 2001, and annually thereafter, on the desirability of expanding and permanently establishing the program.

SECTION 6. (1) Beginning with the 2000-2001 school year, in addition to other funds allotted under the minimum education program, each school district shall be allotted sufficient funding to employ one (1) elementary school guidance counselor, with funding for an additional elementary school guidance counselor to be allotted per fiscal year until each elementary school in the school district has one (1) state-funded school guidance counselor. However, until the time that there is a counselor in every elementary school at a counselor/student ratio of 1:500 or greater, the annual appropriation for elementary school guidance counselors shall not be reduced.

(2) The State Department of Education may, however, increase the number of positions funded each year beyond the above requirements as money is made available.

(3) Local school boards shall be authorized, in their discretion, to utilize such minimum program allotments to employ licensed social workers who possess a master's degree in social work and have had specific classes in individual and group counseling as determined by the State Department of Education. Local school boards shall also be authorized, in their discretion, to utilize such minimum program allotments to employ public school nurses who possess a bachelor's degree in nursing as a minimum qualification.

(4) The assignment of state-funded school guidance counselors, social workers or public school nurses to the particular schools within the district shall be at the discretion of the local school board with the following restrictions:

(a) The counselor/student ratio shall be no greater than 1:500, or one (1) counselor per school building, whichever is greater;

(b) No individual shall be employed as a school guidance counselor, social worker or public school nurse without appropriate training and certification as determined by the State Department of Education; and

(c) State-funded school guidance counselors, social workers or public school nurses shall be full-time professional personnel, shall spend at least seventy-five percent (75%) of work time in a direct counseling relationship with pupils and shall devote no more than one-fourth (1/4) of the workday to administrative activities.

(5) State-funded school guidance counselors shall provide the following comprehensive counseling services: (a) academic and personal advisement; (b) student assessment and assessment consultation; (c) career and educational planning; (d) individual and group counseling; (e) preventive classroom counseling activities and crisis intervention; (f) referrals to community agencies; (g) educational consultation with teachers, administrators, parents and community leaders; (h) educational and career placement services; and (i) follow-up counseling services.

(6) Nothing in this section shall prohibit any school district from employing with local funds more school guidance counselors, social workers or public school nurses than are provided for in this section.

(7) The State Department of Education may adopt regulations regarding the activities of the school guidance counselor, school social worker or public school nurse as are not inconsistent with this section.

(8) This section shall stand repealed from and after July 1, 2003.

SECTION 7. All new programs authorized in Section 6 of this act are subject to the availability of funds specifically appropriated therefor by the Legislature.

SECTION 8. (1) The Legislature finds that:

(a) Students who exhibit serious behavior problems in school become juvenile and adult offenders;

(b) A major contributing factor to this problem is a lack of positive parental involvement with both their children and school personnel;

(c) Growing numbers of children live in conditions that place them at risk of school failure;

(d) The provision of school and support services to these children and their families by public and nonprofit agencies is fragmented and does not prepare these children to learn effectively and have a successful school experience;

(e) The lack of collaboration among schools, families, local agencies and other groups involved in family support and youth development activities results in the inefficient and ineffective use of resources to meet the needs of these children;

(f) Schools are dedicating an increasing amount of their time and resources to responding to disruptive and violent behavior rather than fulfilling their mission to challenge with high expectations each child to learn, to achieve and to fulfill his or her potential;

(g) The relationships between school failure, disruptive and violent behavior in schools, unemployment and criminal behavior are clear;

(h) Responding to the needs of students who are at risk of school failure and providing for a safe and secure learning environment are cost-effective because it enables the state to substitute preventive measures for expensive and reactionary crisis intervention through use of co-location of services and repositioning of staff; and

(i) Differing local needs and local resources necessitate the development of locally-generated, community-based plans that coordinate and leverage existing resources, not the imposition of uniform and inflexible state-mandated plans.

(2) There is hereby established within the State Department of Education the Motivating Parents and Children (M.P.A.C.) pilot program. The purpose of the program is (a) to provide grants to certain local school districts for innovative local programs that target juvenile crime by coordinating school and support services to children-at-risk and their families with required parental involvement; (b) enhance educational attainment through coordinated services to respond to the needs of students who are at risk of school failure and at risk of participation in juvenile crime; and (c) provide a safe and secure learning environment.

(3) The Motivating Parents and Children (M.P.A.C.) pilot program described in this section shall be conducted in six (6) school districts selected by the State Superintendent of Education with the approval of the State Board of Education, which school districts shall represent the different geographical areas, population levels and economic levels of the state. Three (3) districts shall be selected from urban areas of the state and three (3) districts shall be selected from rural areas of the state. The department shall give preference to school districts that express a desire to participate in the pilot program. The program shall apply to all compulsory-school-age children residing in the pilot school districts and their custodial and noncustodial parents or legal guardians.

(4) The State Department of Education shall develop policies and procedures to administer the Motivating Parents and Children (M.P.A.C.) pilot programs.

(5) The selected pilot school districts shall implement the M.P.A.C. program, and in doing so shall:

(a) Employ a District M.P.A.C. Program Coordinator who will be responsible for planning and coordinating activities for parents of school children, and the delivery of integrated and comprehensive services to children and their families.

(b) Employ three (3) licensed social workers and three (3) certified guidance counselors, one (1) each to be assigned to the high schools, middle schools and elementary schools within the district who will work in conjunction to assist families in resolving social and other problems that may impact the child's school performance.

(c) Develop and implement a program of family support services that is school-based and/or school-linked designed according to the Communities In Schools (CIS) model. The CIS model is a well-known national dropout prevention model that has developed effective and proven step-by-step guidelines that can be used to increase parent and community involvement. The M.P.A.C. program services provided shall include a community advisory board, private/public partnerships, an assessment of community needs, co-location of services, repositioned staff, parenting classes that would include parent-child activities, and a structured plan for referrals and evaluation. The M.P.A.C. pilot program may also provide after-school care, adult literacy programs, early childhood education for children in high-risk populations, alternate learning programs, peer mediation and conflict resolution activities.

(d) Train the M.P.A.C. program staff in the CIS model.

Principles and practices evaluated and proven effective shall be incorporated into the program design. Upon determination of the pilot sites involved, an orientation must be provided to all district staff. In addition, staff must be trained and developed on an ongoing basis to ensure maximum coordination and cooperation with emphasis placed on learning how to effectively work with parents to enhance their participation level. The M.P.A.C. program services shall be designed to (i) prepare children to attain academic and social success; (ii) enhance the ability of families to become advocates for and supporters of education for the children in their families; (iii) provide parenting classes to the parents of children who are at risk of school failure; (iv) provide adult literacy and employability skills classes for parents; (v) serve as a referral source for children and their families to ensure that needed services are accessed by the family; and (vi) otherwise enhance the ability of families to function as nurturing and effective family units.

(e) Require a parent or guardian to spend a day in school with his child after violation of a major rule. Such action would be taken when the rule violated is major but not serious enough to warrant expulsion in order to invite parental intervention before a child is suspended or expelled. The parent or guardian may be required either to attend class with his child for a full day or to attend parenting classes offered at alternate times to accommodate the parent's or guardian's work schedules and transportation issues. Failure to attend one (1) of the options will result in suspension of the child.

(f) Create an incentive program for children whose parent or guardian attends meetings of PTA/PTO's, parenting classes, and volunteers a minimum of ten (10) hours in the classroom. Examples of an incentive program are: (i) the issuance of an activity card that grants the child full admission to all school-sponsored activities such as football and basketball games; and (ii) exemption from certain classroom or laboratory fees as determined feasible by the local school board.

(g) Create a program using volunteers to provide child care services for parents who volunteer, attend parenting classes, and attend after-school or evening programs.

(h) Create a summer employability skills/on-the-job training (OJT) fund, utilizing TANF and other federal welfare-to-work program funds. These funds may be expended by local school boards to provide job opportunities for juniors and seniors in high school. Employers and nonprofit organizations who participate in "Adopt-a-School" programs may qualify to employ such students during the summer. Wages up to Seven Dollars ($7.00) per hour will be paid from the fund to eligible students who work for the employers or nonprofit organizations who are committed to participating in the "Adopt-a-School" program within the next school year.

(i) Require the pilot school districts to conduct a family needs assessment (FNA) using social workers and licensed counselors once every three (3) years. The assessment should be coordinated with other community organizations such as head start to encourage collaboration and lessen duplication.

(6) (a) A local school district may apply for a Motivating Parents and Children (M.P.A.C.) pilot program grant, and up to three (3) adjacent local school districts may apply jointly for a grant.

(b) The application shall include the following information:

(i) Data on the incidence of juvenile crime in the geographical area to be served by the grant. Sources of data may include the youth court in the county, the district attorney and local law enforcement officials.

(ii) An assessment of local resources from all sources for, and local deficiencies with regard to, responding to the needs of children who live in conditions that place them at risk of school failure.

(iii) A detailed plan for removing barriers to success in school that exist for these children and coordinating services for parents and children as authorized under this section.

(7) In reviewing grant applications, the State Superintendent of Education shall consider the prevalence of under-served students and families in low-income neighborhoods and in isolated rural areas in the area for which the grant is requested, the severity of the local problems with regard to children-at-risk of school failure and with regard to school discipline, whether the proposed program meets state standards, and the likelihood that the locally designed plan will deal with the problems successfully. During the review process, the superintendent may recommend modifications in grant applications to applicants. The superintendent shall submit recommendations to the State Board of Education as to which applicants should receive grants and the amount they should receive.

In selecting grant recipients, the State Board of Education shall consider (a) the recommendations of the superintendent, (b) the geographic location of the applicants, and (c) the demographic profile of the applicants. After considering these factors, the State Board of Education shall give priority to grant applications that will serve areas that have a high incidence of juvenile crime to serve as models for other communities. The State Board of Education shall select the grant recipients prior to July 1, 2000, for local programs that will be in operation at the beginning of the 2000-2001 school year, and prior to July 1 and thereafter for the appropriate school year.

A grant recipient may request a modification of a grant or additional funds to implement a grant through the grant application process. The request shall be reviewed and accepted or rejected in the same manner as a grant application.

(8) The State Department of Education shall administer the grant program under the direction of the State Board of Education. The State Department of Education shall provide technical assistance to grant applicants and recipients.

(9) All agencies of the state and local government, including departments of human services, health departments, local mental health, mental retardation, court personnel, law enforcement agencies and municipalities and counties shall cooperate with the State Department of Education and local school boards that receive grants by co-locating services and repositioning staff.

(10) The Department of Education shall develop and implement an evaluation system, under the direction of the State Board of Education, that will assess the efficiency and effectiveness of the M.P.A.C. program.

(11) Any child in a pilot school district who is suspended from school shall have his driver's license suspended for one (1) calendar year by the Mississippi Department of Public Safety.

SECTION 9. Section 37-11-53, Mississippi Code of 1972, is amended as follows:

37-11-53. (1) A copy of the school district's discipline plan shall be distributed to each student enrolled in the district and the parents, guardian or custodian of such student shall sign a statement verifying that they have been given notice of the discipline policies of their respective school district. The school board shall have its official discipline plan legally audited on an annual basis to insure that its policies and procedures are currently in compliance with applicable statutes, case law and state and federal constitutional provisions.

(2) All discipline plans of school districts shall include, but not be limited to, the following:

(a) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible financially for his or her minor child's destructive acts against school property or persons;

(b) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district may be requested to appear at school by an appropriate school official for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any other discipline conference regarding the acts of the child;

(c) Any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who refuses or willfully fails to attend such discipline conference specified in paragraph (b) of this section may be summoned by proper notification by the superintendent of schools and be required to attend such discipline conference or parenting classes scheduled to accommodate the working hours and transportation needs of the parent, guardian or custodian; * * *

(d) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible for any criminal fines brought against such student for unlawful activity as defined in Section 37-11-29 occurring on school grounds; and

(e) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school in a school district participating in a Motivating Parents and Children (M.P.A.C.) grant program as provided in Senate Bill No. , 2000 Regular Session, who has been summoned by proper notification by an appropriate school official to attend a conference, school meeting, after-school meeting or class regarding the acts of such child or parent specified under said program shall be required under this provision to attend such conference, school meeting, after-school meeting or class, provided that scheduling is sensitive to the parent's work hours and transportation needs.

(3) Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline conference to which such parent, guardian or custodian has been summoned under the provisions of this section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the provisions of this section, shall first be given the opportunity to enroll in a series of parenting classes consisting of not less than twenty (20) hours of instruction as developed by the M.P.A.C. Program Coordinator and appropriate to the age of the parent's child. If the parent does not attend the series of classes, he shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed Two Hundred Fifty Dollars ($250.00).

(4) Any public school district shall be entitled to recover damages in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus necessary court costs, from the parents of any minor under the age of eighteen (18) years and over the age of six (6) years, who maliciously and willfully damages or destroys property belonging to such school district. However, this section shall not apply to parents whose parental control of such child has been removed by court order or decree. The action authorized in this section shall be in addition to all other actions which the school district is entitled to maintain and nothing in this section shall preclude recovery in a greater amount from the minor or from a person, including the parents, for damages to which such minor or other person would otherwise be liable.

SECTION 10. Section 63-1-10, Mississippi Code of 1972, is amended as follows:

63-1-10. (1) Any applicant for a license under eighteen (18) years of age must submit with the application documentation from the appropriate authority that the applicant is in compliance with Section 63-1-9(g). The appropriate authority shall be the school principal of a public or private school or his designee, or, in the case of a home study program, the parent, or the adult education supervisor of the General Education Development Program or his designee. Documentation of the applicant's enrollment status shall be on a form designed by the Department of Education as approved by the Department of Public Safety in a manner that insures the authenticity of the form and any information or signature contained thereon. Any student who is eligible to apply for a license and who is properly enrolled in a school under the jurisdiction of the authority is entitled to receive the documentation for presentation to the Department of Public Safety to accompany the application. The forms required under this section to provide documentation shall be made available to public schools, private schools approved by the State Board of Elementary and Secondary Education, and adult education supervisors at school board offices and shall be made available to others through the Department of Public Safety.

(2) Whenever an applicant who is under eighteen (18) years of age is unable to attend any school program due to acceptable circumstances, the appropriate authority where the student last attended shall provide the student with documentation to present to the department to excuse such student from the provisions of Section 63-1-9(g). The appropriate authority shall be the sole judge of whether withdrawal of a student or failure of a student to attend is due to acceptable circumstances. Suspension or expulsion from school or incarceration in a correctional institution is not an acceptable circumstance for a person being unable to attend school.

(3) Any person denied a license for failure to satisfy the education requirements of Section 63-1-9(g) shall have the right to file a request within thirty (30) days thereafter for a hearing before the Department of Public Safety to determine whether the person is entitled to a license or is subject to the cancellation of his license under the provisions of this section. The hearing shall be held within ten (10) days of the receipt by the department of the request. Appeal from the decision of the department may be taken under Section 63-1-31.

(4) Whenever a licensee under the age of eighteen (18) who resides in a school district participating in the Motivating Parents and Children (M.P.A.C.) program provided under Senate Bill No. , 2000 Regular Session, and who has not attained a diploma or other certificate of graduation as prescribed in Section 63-1-19(2) withdraws or is suspended from his educational instruction, the attendance counselor, social worker, parent, guardian or school administrator designated by the State Board of Education to verify the applicant's educational status under the provisions of said program may, in his discretion, immediately notify the Department of Public Safety of such withdrawal or suspension. Within five (5) days of receipt of such notice, the Department of Public Safety shall send notice to the licensee that the license shall automatically be suspended for one (1) year under the provisions of Section 63-1-53 on the thirtieth day following the date the notice was sent unless documentation of compliance with the provisions of subsection (2) of this section is received by the department before such time. For the purposes of this subsection, withdrawal shall be defined as more than ten (10) consecutive unexcused and unlawful absences during a single semester for school-age applicants under the age of eighteen (18) attending school.

SECTION 11. Section 63-1-46, Mississippi Code of 1972, is amended as follows:

63-1-46. (1) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been validly suspended, revoked or cancelled, except those persons whose licenses were suspended under Section 63-1-53(1)(k). This fee shall be in addition to the fee provided for in Section 63-1-43, Mississippi Code of 1972.

(2) The funds received under the provisions of subsection (1) of this section shall be deposited into the State General Fund in accordance with Section 45-1-23, Mississippi Code of 1972.

(3) In addition to the fee provided for in subsection (1) of this section, an additional fee of Seventy-five Dollars ($75.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.

(4) The funds received under the provisions of subsection (3) of this section shall be placed in a special fund hereby created in the State Treasury. Monies in such special fund may be expended solely to contribute to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol such amounts as are necessary to make sworn agents of the Mississippi Bureau of Narcotics who were employed by such bureau prior to December 1, 1990, and who were subsequently employed as enforcement troopers by the Department of Public Safety, full members of the retirement system for the Mississippi Highway Safety Patrol with full credit for the time they were employed as sworn agents for the Mississippi Bureau of Narcotics. The Board of Trustees of the Public Employees' Retirement System shall certify to the State Treasurer the amounts necessary for the purposes described above. The State Treasurer shall monthly transfer from the special fund created pursuant to this subsection the amounts deposited in such special fund to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol until such time as the certified amount has been transferred. At such time as the certified amount has been transferred, the State Treasurer shall transfer any funds remaining in the special fund created pursuant to this subsection to the State General Fund and shall then dissolve such special fund. This subsection (4) shall stand repealed at such time when the State Treasurer transfers funds and dissolves the special fund account in accordance with the provisions of this subsection.

(5) The procedure for the reinstatement of a license issued pursuant to this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

SECTION 12. Section 63-1-53, Mississippi Code of 1972, is amended as follows:

63-1-53. (1) Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, or upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first class mail at his last known address advising such person that if within ten (10) days after such notice is deposited in the mail the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person. The actual cost incurred by the court in the giving of such notice may be added to any other court costs assessed in such case. If within ten (10) days after the notice is given in accordance with this subsection such person has not satisfactorily disposed of the matter pending before the court, then the clerk of the court immediately shall mail a copy of the abstract of the court record, along with a certified copy of the notice given under this subsection, to the Commissioner of Public Safety, and the commissioner may suspend the driver's license of such person as authorized under subsections (2) and (3) of this section.

(2) The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:

(a) Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;

(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

(c) Is an habitually reckless or negligent driver of a motor vehicle;

(d) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(e) Is incompetent to drive a motor vehicle;

(f) Has permitted an unlawful or fraudulent use of such license;

(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;

(h) Has failed to pay any fine, fee or other assessment levied as a result of any violation of this title;

(i) Has failed to respond to a summons or citation which charged a violation of this title; * * *

(j) Has committed a violation for which mandatory revocation of license is required upon conviction, entering a plea of nolo contendere to, or adjudication of delinquency, pursuant to the provisions of subsection (1) of Section 63-1-71; or

(k) Is under the age of eighteen (18) and has withdrawn or been suspended from his educational instruction program pursuant to the provisions of Section 63-1-10(4).

(3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practical within not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.

SECTION 13. Section 37-13-91, Mississippi Code of 1972, is amended as follows:

37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law."

(2) The following terms as used in this section are defined as follows:

(a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted.

(b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction.

(c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child.

(d) "School day" means not less than five (5) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork.

(e) "School" means any public school in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade.

(f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year.

(g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89.

(h) "Appropriate school official" means the superintendent of the school district or his designee or, in the case of a nonpublic school, the principal or the headmaster.

(i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs.

(3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances:

(a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation.

(b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for handicapped or physically or mentally disadvantaged children.

(c) When a compulsory-school-age child is being educated in a legitimate home instruction program.

The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any nonpublic school, or the appropriate school official for any or all children attending a nonpublic school shall complete a "certificate of enrollment" in order to facilitate the administration of this section.

The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only:

(i) The name, address, telephone number and date of birth of the compulsory-school-age child;

(ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child;

(iii) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a nonpublic school, the name and address of the school; and

(iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a nonpublic school, the signature of the appropriate school official and the date signed.

The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section. However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may at a later date enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection.

For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law.

(4) An "unlawful absence" is an absence during a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school.

Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district or his designee:

(a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity.

(b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school.

(c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official.

(d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters.

(e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child where an approval of the superintendent of the school district or his designee is gained before the absence, except in the case of emergency.

(f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness.

(g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child.

(h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district or his designee that the purpose of the absence is to take advantage of a valid educational opportunity such as travel including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district or his designee before the absence, but the approval shall not be unreasonably withheld.

(i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district or his designee that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent or his designee when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law.

(5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39.

Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance.

(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.

(7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or reenroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92.

(8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section.

(9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program.

SECTION 14. Section 43-27-301, Mississippi Code of 1972, is amended as follows:

43-27-301. The purpose of this chapter is to create, equip and maintain a comprehensive system of a multidisciplinary continuum of care and services for compulsory-school-age children, including, but not limited to, in-home treatment, family-based programs, therapeutic foster care, community-based programs, residential therapeutic facilities or rescue centers for certain categories of compulsory-school-age children. These facilities shall be known as * * * "Juvenile Health Recovery Centers of Mississippi." These facilities shall offer a full range of recommended treatment options for children in the following categories:

(a) Children suspended or expelled from a local school district for serious and chronic misconduct;

(b) Children diagnosed to have severe mental health problems who have been voluntarily placed in a program or facility by the child's parent(s) or guardian(s); or

(c) Neglected, abused or delinquent children with serious emotional or behavioral problems that would be subject to the jurisdiction of the Department of Human Services or the youth court; * * * or other categories of children not expressly provided above * * * as provided by law.

SECTION 15. Section 43-27-303, Mississippi Code of 1972, is amended as follows:

43-27-303. The Juvenile Health Recovery Facilities of Mississippi shall be established and operated on a phased-in pilot program basis, and shall be under the administrative authority of a Juvenile Health Recovery * * * Board consisting of the following members:

(a) The Attorney General;

(b) The Medical Director of the Division of Medicaid;

(c) The Director of the Division of Family and Children's Services, Department of Human Services;

(d) A representative from the Department of Mental Health;

(e) The Associate State Superintendent of Education, Office of Academic Education;

(f) The Public Policy Chair, Mississippi Early Childhood Association;

(g) The Executive Director of the Mississippi Association of School Superintendents;

(h) The Executive Director of the Public Education Forum of Mississippi;

(i) A pediatric specialist representative from the University Medical Center Children's Hospital;

(j) A representative from the Mississippi Economic Council; and

(k) Up to six (6) persons appointed by the chairman, of whom not less than three (3) shall have special expertise in working with children and youth special needs.

The Chairmen of the House Juvenile Justice Committee and the Senate Juvenile Justice Committee shall serve as ex-officio nonvoting members of the board. The board may accept grants, contributions or other funds from any other sources, either public or private, to employ consultants or other professionals as may be necessary to carry out the duties and responsibilities of the board.

No later than September 30, 1999, the Juvenile Health Recovery Advisory Board shall have an organizational meeting upon the call of the Attorney General, who shall serve as chairman of the board. A vice chairman shall also be selected by the membership of the advisory board. Board members may designate other appropriate representatives of their offices to attend and fully act for and on behalf of the board member. The chairman of the advisory board shall be responsible for establishing a calendar and notices of meetings.

SECTION 16. Section 43-27-305, Mississippi Code of 1972, is amended as follows:

43-27-305. The Juvenile Health Recovery * * * Board shall have the following powers and responsibilities:

(a) The board shall promulgate rules and regulations as necessary to implement and administer a Juvenile Health Recovery Program;

(b) The board shall develop a long-term comprehensive plan for implementation of a coordinated array of Juvenile Health Recovery Programs which may include in-home treatment, family-based programs, therapeutic foster care, community-based programs, regional family resource and youth services centers, rescue centers and residential therapeutic facilities;

(c) The board shall select the location for five (5) pilot Juvenile Health Recovery Programs, one (1) to be in each of the five (5) Mississippi congressional districts;

(d) The board shall coordinate the delivery and funding of services at such facilities, utilizing whatever funding form state, local, federal and private sources may be made available to the board;

(e) The board shall * * * establish or utilize local interagency coordinating entities and multidisciplinary assessment and planning (MAP) teams as local advisory councils for each Juvenile Health Recovery Program. Such local advisory councils may assist in the coordination and provision of services to the children, and shall consist of the local school superintendent, local law enforcement officers, the director of the regional mental health/retardation center, school guidance counselors and other members as deemed appropriate by the board;

(f) The board shall conduct empirical and theoretical research to develop an appropriate cost/benefit analysis of the recommended programs upon full implementation, including a comparison of alternative societal costs which may be incurred without the recommended programs. Such costs may include estimates of incarceration in correctional institutions, law enforcement efforts, social services, legal services, judicial services and human suffering.

(g) * * * The Juvenile Health Recovery * * *

Board * * * may contract with providers of health, education and other residential services to the children to be served by such programs, provided * * * that such programs are consistent with the recommendations of the Juvenile Health Recovery * * * Board.

SECTION 17. Section 43-27-307, Mississippi Code of 1972, is amended as follows:

43-27-307. (1) The Juvenile Health Recovery * * * Board shall submit to the Governor and the Legislature, on or before February 1, 2000, a recommendation for a comprehensive, multidisciplinary plan for the care, treatment and placement of children identified in Section 43-27-303.

(2) The Juvenile Health Record Board shall submit to the Governor and the Legislature, on or before September 15, 2000, recommended rules and regulations for the operation of the Juvenile Health Recovery Pilot Program, and shall submit a report with recommendations for full implementation of the program on or before July 1, 2002.

SECTION 18. The following provision shall be codified as Section 43-27-308, Mississippi Code of 1972.

43-27-308. There is created in the State Treasury a special fund into which shall be deposited all funds contributed by the Department of Human Services, Department of Mental Health, State Department of Education, Division of Medicaid, or from any other source of state, local, federal or private funds which may be available for the operation of the Juvenile Health Recovery Centers of Mississippi pilot program. By the first quarter of the 2001 fiscal year, and the three (3) fiscal years thereafter, each agency named in this section shall pay into the special fund out of its annual appropriation a sum equal to the amount determined by the Juvenile Health Recovery Board to be necessary for the operation of the pilot Juvenile Health Recovery Centers, and subject to such funds as may have been otherwise made available to such agencies by legislative appropriation or otherwise. The Division of Medicaid shall use all unmatched funds not committed for another purpose to match federal Medicaid funds for any Medicaid approved services that will be used in the Juvenile Health Recovery pilot program for Medicaid eligible children served at the centers, or through any other of the continuum of services provided, including therapeutic foster care, in-home treatment and community-based programs.

SECTION 19. Section 43-21-605, Mississippi Code of 1972, is amended as follows:

43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives:

(a) Release the child without further action;

(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;

(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;

(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform;

(e) Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;

(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;

(g) Give legal custody of the child to any of the following:

(i) The Department of Human Services for appropriate placement; or

(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or

(iii) The Department of Human Services for placement in a wilderness training program or a state-supported training school, except that no child under the age of ten (10) years shall be committed to a state training school. The training school may retain custody of the child until the child's twentieth birthday but for no longer. The superintendent of a state training school may parole a child at any time he may deem it in the best interest and welfare of such child. Twenty (20) days prior to such parole, the training school shall notify the committing court of the pending release. The youth court may then arrange subsequent placement after a reconvened disposition hearing except that the youth court may not recommit the child to the training school or any other secure facility without an adjudication of a new offense or probation or parole violation. Prior to assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child. The youth court shall not place a child in the custody of a state training school for truancy, unless such child has been adjudicated to have committed an act of delinquency in addition to truancy;

(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court may not order any child to apply or attend the program;

(i) (i) Adjudicate the juvenile to the Statewide Juvenile Work Program if the program is established in the court's jurisdiction. The juvenile and his parents or guardians must sign a waiver of liability in order to participate in the work program. The judge will coordinate with the youth services counselors as to placing participants in the work program;

(ii) The severity of the crime, whether or not the juvenile is a repeat offender or is a felony offender will be taken into consideration by the judge when adjudicating a juvenile to the work program. The juveniles adjudicated to the work program will be supervised by police officers or reserve officers. The term of service will be from twenty-four (24) to one hundred twenty (120) hours of community service. A juvenile will work the hours to which he was adjudicated on the weekends during school and week days during the summer. Parents are responsible for a juvenile reporting for work. Noncompliance with an order to perform community service will result in a heavier adjudication. A juvenile may be adjudicated to the community service program only two (2) times;

(iii) The judge shall assess an additional fine on the juvenile which will be used to pay the costs of implementation of the program and to pay for supervision by police officers and reserve officers. The amount of the fine will be based on the number of hours to which the juvenile has been adjudicated;

(j) Order the child to participate in a youth court work program as provided in Section 43-21-627; * * *

(k) Order the child into a juvenile detention center operated by the county or into a juvenile detention center operated by any county with which the county in which the court is located has entered into a contract for the purpose of housing delinquents. The time period for such detention cannot exceed ninety (90) days. The youth court judge may order that the number of days specified in the detention order be served either throughout the week or on weekends only; or

(l) Upon recommendation of the local school superintendent or local law enforcement officers, adjudicate the child to a Mississippi Juvenile Health Recovery Program facility if such facility or facilities are established under Senate Bill NO. ____, 2000 Regular Session.

(2) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under subsection (8) of Section 63-11-30.

(3) Fines levied under this chapter shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury.

(4) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.

(5) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another.

SECTION 20. Section 37-13-92, Mississippi Code of 1972, is amended as follows:

37-13-92. (1) Beginning with the school year 1993-1994, the school boards of all school districts shall establish, maintain and operate, in connection with the regular programs of the school district, an alternative school program for, but not limited to, the following categories of compulsory-school-age students:

(a) Any compulsory-school-age child who has been suspended for more than ten (10) days or expelled from school, except as provided in subsection (2);

(b) Any compulsory-school-age child referred to such alternative school based upon a documented need for placement in the alternative school program by the parent, legal guardian or custodian of such child due to disciplinary problems; and

(c) Any compulsory-school-age child referred to such alternative school program by the dispositive order of a chancellor or youth court judge, with the consent of the superintendent of the child's school district.

(2) Notwithstanding any other provisions to the contrary, no school district shall be required to enroll any compulsory-school-age child in an alternative school program if such student (a) is suspended or expelled for possession of a weapon or other felonious conduct or any other violation set forth in Section 37-11-18, Mississippi Code of 1972; (b) poses a threat to the safety of himself or to others; or (c) is disruptive to the educational process being provided to other students, subject to review by and the approval of the school board taking under consideration recommendations by the administrator of the alternative school and the appropriate guidance counselor. In such cases the local school superintendent may recommend to the youth court of the residence of the child that the child should be placed in a Mississippi Juvenile Health Recovery Facility Program pursuant to Senate Bill No. ____, 2000 Regular Session.

(3) The principal or program administrator of any such alternative school program shall require verification from the appropriate guidance counselor of any such child referred to the alternative school program regarding the suitability of such child for attendance at the alternative school program. Before a student may be removed to an alternative school education program, the superintendent of the student's school district must determine that the written and distributed disciplinary policy of the local district is being followed. The policy shall include standards for:

(a) The removal of a student to an alternative education program that will include a process of educational review to develop the student's individual instruction plan and the evaluation at regular intervals of the student's educational progress; the process shall include classroom teachers and/or other appropriate professional personnel, as defined in the district policy, to ensure a continuing educational program for the removed student;

(b) The duration of alternative placement; and

(c) The notification of parents or guardians, and their appropriate inclusion in the removal and evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a manner to circumvent the principal's or the superintendent's authority to remove a student to alternative education.

(4) The local school board or the superintendent shall provide for the continuing education of a student who has been removed to an alternative school program.

(5) A school district, in its discretion, may provide a program of general educational development (GED) preparatory instruction in the alternative school program. However, any GED preparation program offered in an alternative school program must be administered in compliance with the rules and regulations established for such programs under Sections 37-35-1 through 37-35-11 and by the State Board for Community and Junior Colleges. The school district may administer the General Educational Development (GED) Testing Program under the policies and guidelines of the GED Testing Service of the American Council on Education in the alternative school program or may authorize the test to be administered through the community/junior college district in which the alternative school is situated.

(6) Any such alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.

(7) The alternative school program may be held within such school district or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate an alternative school program, the school board of a district designated to be the lead district shall serve as the governing board of the alternative school program. Transportation for students attending the alternative school program shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such alternative school program may be paid from funds contributed or otherwise made available to the school district for such purpose or from local district maintenance funds.

(8) The State Board of Education shall promulgate minimum guidelines for alternative school programs. The guidelines shall require, at a minimum, the formulation of an individual instruction plan for each student referred to the alternative school program and, upon a determination that it is in a student's best interest for that student to receive general educational development (GED) preparatory instruction, that the local school board assign the student to a GED preparatory program established under subsection (4) of this section. The minimum guidelines for alternative school programs shall also require the following components:

(a) Clear guidelines and procedures for placement of students into alternative education programs which at a minimum shall prescribe due process procedures for disciplinary and general educational development (GED) placement;

(b) Clear and consistent goals for students and parents;

(c) Curricula addressing cultural and learning style differences;

(d) Direct supervision of all activities on a closed campus;

(e) Full-day attendance with a rigorous workload and minimal time off;

(f) Selection of program from options provided by the local school district, Division of Youth Services or the youth court, including transfer to a community-based alternative school;

(g) Continual monitoring and evaluation and formalized passage from one step or program to another;

(h) A motivated and culturally diverse staff;

(i) Counseling for parents and students;

(j) Administrative and community support for the program; and

(k) Clear procedures for annual alternative school program review and evaluation.

(9) On request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration size, wealth and existing facilities in determining a program best suited to a district.

(10) Any compulsory-school-age child who becomes involved in any criminal or violent behavior shall be removed from such alternative school program and, if probable cause exists, a case shall be referred to the youth court.

(11) The State Board of Education, in its discretion, may exempt not more than four (4) school district alternative school programs in the state from any compulsory standard of accreditation for a period of three (3) years. During this period, the State Department of Education shall conduct a study of all alternative school programs in the state, and on or before January 1, 2000, shall develop and promulgate accreditation standards for all alternative school programs, including any recommendations for necessary legislation relating to such alternative school programs.

SECTION 21. Section 43-13-117, Mississippi Code of 1972, is amended as follows:

43-13-117. Medical assistance as authorized by this article shall include payment of part or all of the costs, at the discretion of the division or its successor, with approval of the Governor, of the following types of care and services rendered to eligible applicants who shall have been determined to be eligible for such care and services, within the limits of state appropriations and federal matching funds:

(1) Inpatient hospital services.

(a) The division shall allow thirty (30) days of inpatient hospital care annually for all Medicaid recipients; however, before any recipient will be allowed more than fifteen (15) days of inpatient hospital care in any one (1) year, he must obtain prior approval therefor from the division. The division shall be authorized to allow unlimited days in disproportionate hospitals as defined by the division for eligible infants under the age of six (6) years.

(b) From and after July 1, 1994, the Executive Director of the Division of Medicaid shall amend the Mississippi Title XIX Inpatient Hospital Reimbursement Plan to remove the occupancy rate penalty from the calculation of the Medicaid Capital Cost Component utilized to determine total hospital costs allocated to the Medicaid program.

(2) Outpatient hospital services. Provided that where the same services are reimbursed as clinic services, the division may revise the rate or methodology of outpatient reimbursement to maintain consistency, efficiency, economy and quality of care.

(3) Laboratory and x-ray services.

(4) Nursing facility services.

(a) The division shall make full payment to nursing facilities for each day, not exceeding fifty-two (52) days per year, that a patient is absent from the facility on home leave. Payment may be made for the following home leave days in addition to the 52-day limitation: Christmas, the day before Christmas, the day after Christmas, Thanksgiving, the day before Thanksgiving and the day after Thanksgiving. However, before payment may be made for more than eighteen (18) home leave days in a year for a patient, the patient must have written authorization from a physician stating that the patient is physically and mentally able to be away from the facility on home leave. Such authorization must be filed with the division before it will be effective and the authorization shall be effective for three (3) months from the date it is received by the division, unless it is revoked earlier by the physician because of a change in the condition of the patient.

(b) From and after July 1, 1993, the division shall implement the integrated case-mix payment and quality monitoring system developed pursuant to Section 43-13-122, which includes the fair rental system for property costs and in which recapture of depreciation is eliminated. The division may revise the reimbursement methodology for the case-mix payment system by reducing payment for hospital leave and therapeutic home leave days to the lowest case-mix category for nursing facilities, modifying the current method of scoring residents so that only services provided at the nursing facility are considered in calculating a facility's per diem, and the division may limit administrative and operating costs, but in no case shall these costs be less than one hundred nine percent (109%) of the median administrative and operating costs for each class of facility, not to exceed the median used to calculate the nursing facility reimbursement for fiscal year 1996, to be applied uniformly to all long-term care facilities.

(c) From and after July 1, 1997, all state-owned nursing facilities shall be reimbursed on a full reasonable costs basis. From and after July 1, 1997, payments by the division to nursing facilities for return on equity capital shall be made at the rate paid under Medicare (Title XVIII of the Social Security Act), but shall be no less than seven and one-half percent (7.5%) nor greater than ten percent (10%).

(d) A Review Board for nursing facilities is established to conduct reviews of the Division of Medicaid's decision in the areas set forth below:

(i) Review shall be heard in the following areas:

(A) Matters relating to cost reports including, but not limited to, allowable costs and cost adjustments resulting from desk reviews and audits.

(B) Matters relating to the Minimum Data Set Plus (MDS +) or successor assessment formats including but not limited to audits, classifications and submissions.

(ii) The Review Board shall be composed of six (6) members, three (3) having expertise in one (1) of the two (2) areas set forth above and three (3) having expertise in the other area set forth above. Each panel of three (3) shall only review appeals arising in its area of expertise. The members shall be appointed as follows:

(A) In each of the areas of expertise defined under subparagraphs (i)(A) and (i)(B), the Executive Director of the Division of Medicaid shall appoint one (1) person chosen from the private sector nursing home industry in the state, which may include independent accountants and consultants serving the industry;

(B) In each of the areas of expertise defined under subparagraphs (i)(A) and (i)(B), the Executive Director of the Division of Medicaid shall appoint one (1) person who is employed by the state who does not participate directly in desk reviews or audits of nursing facilities in the two (2) areas of review;

(C) The two (2) members appointed by the Executive Director of the Division of Medicaid in each area of expertise shall appoint a third member in the same area of expertise.

In the event of a conflict of interest on the part of any Review Board members, the Executive Director of the Division of Medicaid or the other two (2) panel members, as applicable, shall appoint a substitute member for conducting a specific review.

(iii) The Review Board panels shall have the power to preserve and enforce order during hearings; to issue subpoenas; to administer oaths; to compel attendance and testimony of witnesses; or to compel the production of books, papers, documents and other evidence; or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law that may be necessary to enable it effectively to discharge its duties. The Review Board panels may appoint such person or persons as they shall deem proper to execute and return process in connection therewith.

(iv) The Review Board shall promulgate, publish and disseminate to nursing facility providers rules of procedure for the efficient conduct of proceedings, subject to the approval of the Executive Director of the Division of Medicaid and in accordance with federal and state administrative hearing laws and regulations.

(v) Proceedings of the Review Board shall be of record.

(vi) Appeals to the Review Board shall be in writing and shall set out the issues, a statement of alleged facts and reasons supporting the provider's position. Relevant documents may also be attached. The appeal shall be filed within thirty (30) days from the date the provider is notified of the action being appealed or, if informal review procedures are taken, as provided by administrative regulations of the Division of Medicaid, within thirty (30) days after a decision has been rendered through informal hearing procedures.

(vii) The provider shall be notified of the hearing date by certified mail within thirty (30) days from the date the Division of Medicaid receives the request for appeal. Notification of the hearing date shall in no event be less than thirty (30) days before the scheduled hearing date. The appeal may be heard on shorter notice by written agreement between the provider and the Division of Medicaid.

(viii) Within thirty (30) days from the date of the hearing, the Review Board panel shall render a written recommendation to the Executive Director of the Division of Medicaid setting forth the issues, findings of fact and applicable law, regulations or provisions.

(ix) The Executive Director of the Division of Medicaid shall, upon review of the recommendation, the proceedings and the record, prepare a written decision which shall be mailed to the nursing facility provider no later than twenty (20) days after the submission of the recommendation by the panel. The decision of the executive director is final, subject only to judicial review.

(x) Appeals from a final decision shall be made to the Chancery Court of Hinds County. The appeal shall be filed with the court within thirty (30) days from the date the decision of the Executive Director of the Division of Medicaid becomes final.

(xi) The action of the Division of Medicaid under review shall be stayed until all administrative proceedings have been exhausted.

(xii) Appeals by nursing facility providers involving any issues other than those two (2) specified in subparagraphs (i)(A) and (ii)(B) shall be taken in accordance with the administrative hearing procedures established by the Division of Medicaid.

(e) When a facility of a category that does not require a certificate of need for construction and that could not be eligible for Medicaid reimbursement is constructed to nursing facility specifications for licensure and certification, and the facility is subsequently converted to a nursing facility pursuant to a certificate of need that authorizes conversion only and the applicant for the certificate of need was assessed an application review fee based on capital expenditures incurred in constructing the facility, the division shall allow reimbursement for capital expenditures necessary for construction of the facility that were incurred within the twenty-four (24) consecutive calendar months immediately preceding the date that the certificate of need authorizing such conversion was issued, to the same extent that reimbursement would be allowed for construction of a new nursing facility pursuant to a certificate of need that authorizes such construction. The reimbursement authorized in this subparagraph (e) may be made only to facilities the construction of which was completed after June 30, 1989. Before the division shall be authorized to make the reimbursement authorized in this subparagraph (e), the division first must have received approval from the Health Care Financing Administration of the United States Department of Health and Human Services of the change in the state Medicaid plan providing for such reimbursement.

(f) The division shall develop and implement a case-mix payment add-on determined by time studies and other valid statistical data which will reimburse a nursing facility for the additional cost of caring for a resident who has a diagnosis of Alzheimer's or other related dementia and exhibits symptoms that require special care. Any such case-mix add-on payment shall be supported by a determination of additional cost. The division shall also develop and implement as part of the fair rental reimbursement system for nursing facility beds, an Alzheimer's resident bed depreciation enhanced reimbursement system which will provide an incentive to encourage nursing facilities to convert or construct beds for residents with Alzheimer's or other related dementia.

(g) The Division of Medicaid shall develop and implement a referral process for long-term care alternatives for Medicaid beneficiaries and applicants. No Medicaid beneficiary shall be admitted to a Medicaid-certified nursing facility unless a licensed physician certifies that nursing facility care is appropriate for that person on a standardized form to be prepared and provided to nursing facilities by the Division of Medicaid. The physician shall forward a copy of that certification to the Division of Medicaid within twenty-four (24) hours after it is signed by the physician. Any physician who fails to forward the certification to the Division of Medicaid within the time period specified in this paragraph shall be ineligible for Medicaid reimbursement for any physician's services performed for the applicant. The Division of Medicaid shall determine, through an assessment of the applicant conducted within two (2) business days after receipt of the physician's certification, whether the applicant also could live appropriately and cost-effectively at home or in some other community-based setting if home- or community-based services were available to the applicant. The time limitation prescribed in this paragraph shall be waived in cases of emergency. If the Division of Medicaid determines that a home- or other community-based setting is appropriate and cost-effective, the division shall:

(i) Advise the applicant or the applicant's legal representative that a home- or other community-based setting is appropriate;

(ii) Provide a proposed care plan and inform the applicant or the applicant's legal representative regarding the degree to which the services in the care plan are available in a home- or in other community-based setting rather than nursing facility care; and

(iii) Explain that such plan and services are available only if the applicant or the applicant's legal representative chooses a home- or community-based alternative to nursing facility care, and that the applicant is free to choose nursing facility care.

The Division of Medicaid may provide the services described in this paragraph (g) directly or through contract with case managers from the local Area Agencies on Aging, and shall coordinate long-term care alternatives to avoid duplication with hospital discharge planning procedures.

Placement in a nursing facility may not be denied by the division if home- or community-based services that would be more appropriate than nursing facility care are not actually available, or if the applicant chooses not to receive the appropriate home- or community-based services.

The division shall provide an opportunity for a fair hearing under federal regulations to any applicant who is not given the choice of home- or community-based services as an alternative to institutional care.

The division shall make full payment for long-term care alternative services.

The division shall apply for necessary federal waivers to assure that additional services providing alternatives to nursing facility care are made available to applicants for nursing facility care.

(5) Periodic screening and diagnostic services for individuals under age twenty-one (21) years as are needed to identify physical and mental defects and to provide health care treatment and other measures designed to correct or ameliorate defects and physical and mental illness and conditions discovered by the screening services regardless of whether these services are included in the state plan. The division may include in its periodic screening and diagnostic program those discretionary services authorized under the federal regulations adopted to implement Title XIX of the federal Social Security Act, as amended. The division, in obtaining physical therapy services, occupational therapy services, and services for individuals with speech, hearing and language disorders, may enter into a cooperative agreement with the State Department of Education for the provision of such services to handicapped students by public school districts using state funds which are provided from the appropriation to the Department of Education to obtain federal matching funds through the division. The division, in obtaining medical and psychological evaluations for children in the custody of the State Department of Human Services may enter into a cooperative agreement with the State Department of Human Services for the provision of such services using state funds which are provided from the appropriation to the Department of Human Services to obtain federal matching funds through the division.

On July 1, 1993, all fees for periodic screening and diagnostic services under this paragraph (5) shall be increased by twenty-five percent (25%) of the reimbursement rate in effect on June 30, 1993.

(6) Physician's services. All fees for physicians' services that are covered only by Medicaid shall be reimbursed at ninety percent (90%) of the rate established on January 1, 1999, and as adjusted each January thereafter, under Medicare (Title XVIII of the Social Security Act), as amended, and which shall in no event be less than seventy percent (70%) of the rate established on January 1, 1994. All fees for physicians' services that are covered by both Medicare and Medicaid shall be reimbursed at ten percent (10%) of the adjusted Medicare payment established on January 1, 1999, and as adjusted each January thereafter, under Medicare (Title XVIII of the Social Security Act), as amended, and which shall in no event be less than seven percent (7%) of the adjusted Medicare payment established on January 1, 1994.

(7) (a) Home health services for eligible persons, not to exceed in cost the prevailing cost of nursing facility services, not to exceed sixty (60) visits per year.

(b) Repealed.

(8) Emergency medical transportation services. On January 1, 1994, emergency medical transportation services shall be reimbursed at seventy percent (70%) of the rate established under Medicare (Title XVIII of the Social Security Act), as amended. "Emergency medical transportation services" shall mean, but shall not be limited to, the following services by a properly permitted ambulance operated by a properly licensed provider in accordance with the Emergency Medical Services Act of 1974 (Section 41-59-1 et seq.): (i) basic life support, (ii) advanced life support, (iii) mileage, (iv) oxygen, (v) intravenous fluids, (vi) disposable supplies, (vii) similar services.

(9) Legend and other drugs as may be determined by the division. The division may implement a program of prior approval for drugs to the extent permitted by law. Payment by the division for covered multiple source drugs shall be limited to the lower of the upper limits established and published by the Health Care Financing Administration (HCFA) plus a dispensing fee of Four Dollars and Ninety-one Cents ($4.91), or the estimated acquisition cost (EAC) as determined by the division plus a dispensing fee of Four Dollars and Ninety-one Cents ($4.91), or the providers' usual and customary charge to the general public. The division shall allow five (5) prescriptions per month for noninstitutionalized Medicaid recipients; however, exceptions for up to ten (10) prescriptions per month shall be allowed, with the approval of the director.

Payment for other covered drugs, other than multiple source drugs with HCFA upper limits, shall not exceed the lower of the estimated acquisition cost as determined by the division plus a dispensing fee of Four Dollars and Ninety-one Cents ($4.91) or the providers' usual and customary charge to the general public.

Payment for nonlegend or over-the-counter drugs covered on the division's formulary shall be reimbursed at the lower of the division's estimated shelf price or the providers' usual and customary charge to the general public. No dispensing fee shall be paid.

The division shall develop and implement a program of payment for additional pharmacist services, with payment to be based on demonstrated savings, but in no case shall the total payment exceed twice the amount of the dispensing fee.

As used in this paragraph (9), "estimated acquisition cost" means the division's best estimate of what price providers generally are paying for a drug in the package size that providers buy most frequently. Product selection shall be made in compliance with existing state law; however, the division may reimburse as if the prescription had been filled under the generic name. The division may provide otherwise in the case of specified drugs when the consensus of competent medical advice is that trademarked drugs are substantially more effective.

(10) Dental care that is an adjunct to treatment of an acute medical or surgical condition; services of oral surgeons and dentists in connection with surgery related to the jaw or any structure contiguous to the jaw or the reduction of any fracture of the jaw or any facial bone; and emergency dental extractions and treatment related thereto. On July 1, 1999, all fees for dental care and surgery under authority of this paragraph (10) shall be increased to one hundred sixty percent (160%) of the amount of the reimbursement rate that was in effect on June 30, 1999. It is the intent of the Legislature to encourage more dentists to participate in the Medicaid program.

(11) Eyeglasses necessitated by reason of eye surgery, and as prescribed by a physician skilled in diseases of the eye or an optometrist, whichever the patient may select.

(12) Intermediate care facility services.

(a) The division shall make full payment to all intermediate care facilities for the mentally retarded for each day, not exceeding eighty-four (84) days per year, that a patient is absent from the facility on home leave. Payment may be made for the following home leave days in addition to the 84-day limitation: Christmas, the day before Christmas, the day after Christmas, Thanksgiving, the day before Thanksgiving and the day after Thanksgiving. However, before payment may be made for more than eighteen (18) home leave days in a year for a patient, the patient must have written authorization from a physician stating that the patient is physically and mentally able to be away from the facility on home leave. Such authorization must be filed with the division before it will be effective, and the authorization shall be effective for three (3) months from the date it is received by the division, unless it is revoked earlier by the physician because of a change in the condition of the patient.

(b) All state-owned intermediate care facilities for the mentally retarded shall be reimbursed on a full reasonable cost basis.

(13) Family planning services, including drugs, supplies and devices, when such services are under the supervision of a physician.

(14) Clinic services. Such diagnostic, preventive, therapeutic, rehabilitative or palliative services furnished to an outpatient by or under the supervision of a physician or dentist in a facility which is not a part of a hospital but which is organized and operated to provide medical care to outpatients. Clinic services shall include any services reimbursed as outpatient hospital services which may be rendered in such a facility, including those that become so after July 1, 1991. On July 1, 1999, all fees for physicians' services reimbursed under authority of this paragraph (14) shall be reimbursed at ninety percent (90%) of the rate established on January 1, 1999, and as adjusted each January thereafter, under Medicare (Title XVIII of the Social Security Act), as amended, and which shall in no event be less than seventy percent (70%) of the rate established on January 1, 1994. All fees for physicians' services that are covered by both Medicare and Medicaid shall be reimbursed at ten percent (10%) of the adjusted Medicare payment established on January 1, 1999, and as adjusted each January thereafter, under Medicare (Title XVIII of the Social Security Act), as amended, and which shall in no event be less than seven percent (7%) of the adjusted Medicare payment established on January 1, 1994. On July 1, 1999, all fees for dentists' services reimbursed under authority of this paragraph (14) shall be increased to one hundred sixty percent (160%) of the amount of the reimbursement rate that was in effect on June 30, 1999.

(15) Home- and community-based services, as provided under Title XIX of the federal Social Security Act, as amended, under waivers, subject to the availability of funds specifically appropriated therefor by the Legislature. Payment for such services shall be limited to individuals who would be eligible for and would otherwise require the level of care provided in a nursing facility. The home- and community-based services authorized under this paragraph shall be expanded over a five-year period beginning July 1, 1999. The division shall certify case management agencies to provide case management services and provide for home- and community-based services for eligible individuals under this paragraph. The home- and community-based services under this paragraph and the activities performed by certified case management agencies under this paragraph shall be funded using state funds that are provided from the appropriation to the Division of Medicaid and used to match federal funds.

(16) Mental health services. Approved therapeutic and case management services provided by (a) an approved regional mental health/retardation center established under Sections 41-19-31 through 41-19-39, or by another community mental health service provider meeting the requirements of the Department of Mental Health to be an approved mental health/retardation center if determined necessary by the Department of Mental Health, using state funds which are provided from the appropriation to the State Department of Mental Health and used to match federal funds under a cooperative agreement between the division and the department, or (b) a facility which is certified by the State Department of Mental Health to provide therapeutic and case management services, to be reimbursed on a fee for service basis. Any such services provided by a facility described in paragraph (b) must have the prior approval of the division to be reimbursable under this section. After June 30, 1997, mental health services provided by regional mental health/retardation centers established under Sections 41-19-31 through 41-19-39, or by hospitals as defined in Section 41-9-3(a) and/or their subsidiaries and divisions, or by psychiatric residential treatment facilities as defined in Section 43-11-1, or by another community mental health service provider meeting the requirements of the Department of Mental Health to be an approved mental health/retardation center if determined necessary by the Department of Mental Health, shall not be included in or provided under any capitated managed care pilot program provided for under paragraph (24) of this section.

(17) Durable medical equipment services and medical supplies restricted to patients receiving home health services unless waived on an individual basis by the division. The division shall not expend more than Three Hundred Thousand Dollars ($300,000.00) of state funds annually to pay for medical supplies authorized under this paragraph.

(18) Notwithstanding any other provision of this section to the contrary, the division shall make additional reimbursement to hospitals which serve a disproportionate share of low-income patients and which meet the federal requirements for such payments as provided in Section 1923 of the federal Social Security Act and any applicable regulations.

(19) (a) Perinatal risk management services. The division shall promulgate regulations to be effective from and after October 1, 1988, to establish a comprehensive perinatal system for risk assessment of all pregnant and infant Medicaid recipients and for management, education and follow-up for those who are determined to be at risk. Services to be performed include case management, nutrition assessment/counseling, psychosocial assessment/counseling and health education. The division shall set reimbursement rates for providers in conjunction with the State Department of Health.

(b) Early intervention system services. The division shall cooperate with the State Department of Health, acting as lead agency, in the development and implementation of a statewide system of delivery of early intervention services, pursuant to Part H of the Individuals with Disabilities Education Act (IDEA). The State Department of Health shall certify annually in writing to the director of the division the dollar amount of state early intervention funds available which shall be utilized as a certified match for Medicaid matching funds. Those funds then shall be used to provide expanded targeted case management services for Medicaid eligible children with special needs who are eligible for the state's early intervention system. Qualifications for persons providing service coordination shall be determined by the State Department of Health and the Division of Medicaid.

(20) Home- and community-based services for physically disabled approved services as allowed by a waiver from the U.S. Department of Health and Human Services for home- and community-based services for physically disabled people using state funds which are provided from the appropriation to the State Department of Rehabilitation Services and used to match federal funds under a cooperative agreement between the division and the department, provided that funds for these services are specifically appropriated to the Department of Rehabilitation Services.

(21) Nurse practitioner services. Services furnished by a registered nurse who is licensed and certified by the Mississippi Board of Nursing as a nurse practitioner including, but not limited to, nurse anesthetists, nurse midwives, family nurse practitioners, family planning nurse practitioners, pediatric nurse practitioners, obstetrics-gynecology nurse practitioners and neonatal nurse practitioners, under regulations adopted by the division. Reimbursement for such services shall not exceed ninety percent (90%) of the reimbursement rate for comparable services rendered by a physician.

(22) Ambulatory services delivered in federally qualified health centers and in clinics of the local health departments of the State Department of Health for individuals eligible for medical assistance under this article based on reasonable costs as determined by the division.

(23) Inpatient psychiatric services. Inpatient psychiatric services to be determined by the division for recipients under age twenty-one (21) which are provided under the direction of a physician in an inpatient program in a licensed acute care psychiatric facility or in a licensed psychiatric residential treatment facility, before the recipient reaches age twenty-one (21) or, if the recipient was receiving the services immediately before he reached age twenty-one (21), before the earlier of the date he no longer requires the services or the date he reaches age twenty-two (22), as provided by federal regulations. Recipients shall be allowed forty-five (45) days per year of psychiatric services provided in acute care psychiatric facilities, and shall be allowed unlimited days of psychiatric services provided in licensed psychiatric residential treatment facilities.

(24) Managed care services in a program to be developed by the division by a public or private provider. Notwithstanding any other provision in this article to the contrary, the division shall establish rates of reimbursement to providers rendering care and services authorized under this section, and may revise such rates of reimbursement without amendment to this section by the Legislature for the purpose of achieving effective and accessible health services, and for responsible containment of costs. This shall include, but not be limited to, one (1) module of capitated managed care in a rural area, and one (1) module of capitated managed care in an urban area.

(25) Birthing center services.

(26) Hospice care. As used in this paragraph, the term "hospice care" means a coordinated program of active professional medical attention within the home and outpatient and inpatient care which treats the terminally ill patient and family as a unit, employing a medically directed interdisciplinary team. The program provides relief of severe pain or other physical symptoms and supportive care to meet the special needs arising out of physical, psychological, spiritual, social and economic stresses which are experienced during the final stages of illness and during dying and bereavement and meets the Medicare requirements for participation as a hospice as provided in 42 CFR Part 418.

(27) Group health plan premiums and cost sharing if it is cost effective as defined by the Secretary of Health and Human Services.

(28) Other health insurance premiums which are cost effective as defined by the Secretary of Health and Human Services. Medicare eligible must have Medicare Part B before other insurance premiums can be paid.

(29) The Division of Medicaid may apply for a waiver from the Department of Health and Human Services for home- and community-based services for developmentally disabled people using state funds which are provided from the appropriation to the State Department of Mental Health and used to match federal funds under a cooperative agreement between the division and the department, provided that funds for these services are specifically appropriated to the Department of Mental Health.

(30) Pediatric skilled nursing services for eligible persons under twenty-one (21) years of age.

(31) Targeted case management services for children with special needs, under waivers from the U.S. Department of Health and Human Services, using state funds that are provided from the appropriation to the Mississippi Department of Human Services and used to match federal funds under a cooperative agreement between the division and the department.

(32) Care and services provided in Christian Science Sanatoria operated by or listed and certified by The First Church of Christ Scientist, Boston, Massachusetts, rendered in connection with treatment by prayer or spiritual means to the extent that such services are subject to reimbursement under Section 1903 of the Social Security Act.

(33) Podiatrist services.

(34) Personal care services provided in a pilot program to not more than forty (40) residents at a location or locations to be determined by the division and delivered by individuals qualified to provide such services, as allowed by waivers under Title XIX of the Social Security Act, as amended. The division shall not expend more than Three Hundred Thousand Dollars ($300,000.00) annually to provide such personal care services. The division shall develop recommendations for the effective regulation of any facilities that would provide personal care services which may become eligible for Medicaid reimbursement under this section, and shall present such recommendations with any proposed legislation to the 1996 Regular Session of the Legislature on or before January 1, 1996.

(35) Services and activities authorized in Sections 43-27-101 and 43-27-103, using state funds that are provided from the appropriation to the State Department of Human Services and used to match federal funds under a cooperative agreement between the division and the department.

(36) Nonemergency transportation services for Medicaid-eligible persons, to be provided by the Department of Human Services. The division may contract with additional entities to administer nonemergency transportation services as it deems necessary. All providers shall have a valid driver's license, vehicle inspection sticker and a standard liability insurance policy covering the vehicle.

(37) Targeted case management services for individuals with chronic diseases, with expanded eligibility to cover services to uninsured recipients, on a pilot program basis. This paragraph (37) shall be contingent upon continued receipt of special funds from the Health Care Financing Authority and private foundations who have granted funds for planning these services. No funding for these services shall be provided from State General Funds.

(38) Chiropractic services: a chiropractor's manual manipulation of the spine to correct a subluxation, if x-ray demonstrates that a subluxation exists and if the subluxation has resulted in a neuromusculoskeletal condition for which manipulation is appropriate treatment. Reimbursement for chiropractic services shall not exceed Seven Hundred Dollars ($700.00) per year per recipient.

Services for children placed in a Mississippi Juvenile Health Recovery Facility by the youth court, using state funds that are provided from appropriations to the Department of Human Services, the Department of Mental Health, the State Department of Education and the Division of Medicaid and used to match federal funds under a cooperative agreement with the Juvenile Health Recovery Board pursuant to Senate Bill No. ____, 2000 Regular Session.

Notwithstanding any provision of this article, except as authorized in the following paragraph and in Section 43-13-139, neither (a) the limitations on quantity or frequency of use of or the fees or charges for any of the care or services available to recipients under this section, nor (b) the payments or rates of reimbursement to providers rendering care or services authorized under this section to recipients, may be increased, decreased or otherwise changed from the levels in effect on July 1, 1986, unless such is authorized by an amendment to this section by the Legislature. However, the restriction in this paragraph shall not prevent the division from changing the payments or rates of reimbursement to providers without an amendment to this section whenever such changes are required by federal law or regulation, or whenever such changes are necessary to correct administrative

errors or omissions in calculating such payments or rates of reimbursement.

Notwithstanding any provision of this article, no new groups or categories of recipients and new types of care and services may be added without enabling legislation from the Mississippi Legislature, except that the division may authorize such changes without enabling legislation when such addition of recipients or services is ordered by a court of proper authority. The director shall keep the Governor advised on a timely basis of the funds available for expenditure and the projected expenditures. In the event current or projected expenditures can be reasonably anticipated to exceed the amounts appropriated for any fiscal year, the Governor, after consultation with the director, shall discontinue any or all of the payment of the types of care and services as provided herein which are deemed to be optional services under Title XIX of the federal Social Security Act, as amended, for any period necessary to not exceed appropriated funds, and when necessary shall institute any other cost containment measures on any program or programs authorized under the article to the extent allowed under the federal law governing such program or programs, it being the intent of the Legislature that expenditures during any fiscal year shall not exceed the amounts appropriated for such fiscal year.

SECTION 22. Section 43-27-309, which repeals the chapter establishing a Juvenile Health Recovery Review and Advisory Board, is hereby repealed.

SECTION 23. This act shall take effect and be in force from and after July 1, 2000.