MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Economic Dev, Tourism and Parks; Appropriations

By: Senator(s) Burton

AN ACT TO BE KNOWN AS THE COMPREHENSIVE WORKFORCE TRAINING AND EDUCATION CONSOLIDATION ACT OF 2000; TO CODIFY SECTIONS 37-4-11 THROUGH 37-4-17, MISSISSIPPI CODE OF 1972, TO TRANSFER RESPONSIBILITIES AND FUNDS FOR ALL WORKFORCE TRAINING PROGRAMS THAT PROVIDE POSTSECONDARY TRAINING SERVICES TO ADULTS CURRENTLY ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION TO THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES; TO AUTHORIZE THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO BE THE ADMINISTRATOR AT THE STATE LEVEL FOR ALL SUCH ADULT WORKFORCE TRAINING FUNDS; TO AMEND SECTIONS 37-3-25 AND 37-31-205 THROUGH 37-31-211, MISSISSIPPI CODE OF 1972, IN CONFORMITY AND TO PRESCRIBE ACCOUNTABILITY MEASURES FOR VO-TECH PROGRAMS TO BE IMPLEMENTED BY THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES; AND FOR RELATED PURPOSES.

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

SECTION 1. The following provision shall be codified as Section 37-4-11, Mississippi Code of 1972:

37-4-11. This act shall be known and may be cited as the "Mississippi Comprehensive Workforce Training and Education Consolidation Act of 2000."

SECTION 2. The following provision shall be codified as Section 37-4-13, Mississippi Code of 1972:

37-4-13. It is the intent of the Legislature by passage of this act to establish one (1) comprehensive workforce training system in the State of Mississippi that is focused on achieving results, using resources efficiently and ensuring that workers and employers can easily access needed training services.

The purpose of this act is to provide workforce training activities, through statewide and local workforce training systems, that increase the employment, retention and earnings of participants, and increase occupational skill attainment by participants and, as a result, improve the quality of the workforce, reduce welfare dependency and enhance the productivity and competitiveness of the state.

In recognition of the differences in secondary and postsecondary vocational-technical education and that in an effort to achieve maximum effectiveness for the delivery of both secondary and postsecondary vocational-technical education, it is determined that consolidating responsibility for postsecondary vocational-technical education under the authority of the State Board for Community and Junior Colleges and secondary vocational-technical education under the authority of the State Department of Education would be in the best interest of the State of Mississippi. This action being an attempt to respond to the above-described differences by allowing a special focus to be made in enabling the two (2) systems to operate in the most effective and efficient means possible. This will enable the State Department of Education and secondary vocational-technical education programs to receive the maximum support and attention while in turn giving the community and junior colleges and the State Board for Community and Junior Colleges the opportunity to consolidate and streamline vocational-technical education and workforce development.

SECTION 3. The following provision shall be codified as Section 37-4-15, Mississippi Code of 1972:

37-4-15. (1) The following training programs and funds shall be transferred to the State Board for Community and Junior Colleges on July 1, 2000:

(a) Postsecondary vocational-technical funds and programs presently administered by the State Department of Education, to include secondary programs currently operated by community and junior colleges;

(b) Postsecondary Carl Perkins programs and funds presently administered by the State Department of Education; and

(c) Postsecondary Tech Prep programs and funds presently administered by the State Department of Education.

(2) (a) All powers, duties and functions of the State Department of Education that are being exercised or performed by the Division of Vocational Education on June 30, 2000, utilizing funds from all sources for all postsecondary vocational-technical education training funds, all postsecondary Tech Prep funds and Carl Perkins funds, are hereby transferred to the State Board for Community and Junior Colleges on July 1, 2000. All records, property and contractual rights and obligations of, and unexpended balances of appropriations and any other allocations to, the State Department of Education that relate to the powers, duties and functions exercised or performed for such programs on June 30, 2000, shall be transferred to the State Board for Community and Junior Colleges on or before July 1, 2000. The State Fiscal Officer shall transfer to the State Board for Community and Junior Colleges all funds that are allocated to the State Department of Education for such programs and such funds shall be used by the State Board for Community and Junior Colleges under the same terms and conditions as specified for those funds in the applicable appropriation bill. Sufficient staff shall be transferred from the agencies that will, by virtue of this act have a reduction in training and educational responsibilities, to the State Board for Community and Junior Colleges to assure that those transferred responsibilities shall be properly managed and administered. Determinations as to which jobs shall be transferred shall be made by agreement between the Executive Director of the State Board for Community and Junior Colleges and the chief executive of the affected transferring agency. Reassignments shall be created by the Legislature through the agencies' appropriation bills. Authorized transition activities may include, but not be limited to, the enhancement of the State Board for Community and Junior Colleges to manage the additional federal and state funds, budgeting, accounting, grant management, property management, personnel, legal and/or other administrative services. The State Department of Education shall retain responsibility to manage the closeout of all grants relating to postsecondary vocational-technical programs and postsecondary Carl Perkins programs at the end of June 30, 2000, and shall be authorized to retain sufficient grant funds to properly close-out said grant activities. Upon closeout of such grants, any remaining funds will be transferred to the State Board for Community and Junior Colleges by the State Fiscal Officer. The State Department of Education shall assist the State Board for Community and Junior Colleges with the greatest degree of cooperation to carry out the intent and purpose of this act and to accomplish an orderly transition.

(b) The State Board for Community and Junior Colleges shall enter into a contract with the State Department of Education that clarifies that the State Department of Education will continue to be the designated recipient of the Carl Perkins funds at the state level and said funds will continue to be administered and used in accordance with federal guidelines. The contract shall specify that all Carl Perkins funds used for postsecondary training to include secondary programs operated by the community and junior colleges and other purposes will be transferred to the State Board for Community and Junior Colleges and that the State Board for Community and Junior Colleges shall have the responsibility and authority to direct and oversee such programs as may be financed with such funds.

SECTION 4. The following provision shall be codified as Section 37-4-17, Mississippi Code of 1972:

37-4-17. (1) The Legislature shall appropriate to the State Board for Community and Junior Colleges those state funds to be expended for postsecondary vocational-technical education to include secondary programs operated by community and junior colleges. The State Board for Community and Junior Colleges shall set standards for, approve and expend funds for all postsecondary vocational and technical education programs. The Executive Director of the State Board for Community and Junior Colleges shall be responsible to the State Board for the proper administration of the programs of postsecondary vocational and technical education in conformity with the policies adopted by the State Board for Community and Junior Colleges and shall be responsible for appointing any necessary employees to assist in carrying out said programs.

(2) The State Board for Community and Junior Colleges is hereby authorized to cooperate with or enter into agreements with any agency, official, educational institution or political subdivision of this state, any agency or official of the government of the United States of America, or any private person, firm, partnership or corporation in order to carry out the provisions of this section.

(3) The State Board for Community and Junior Colleges is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this section.

(4) To the maximum extent practicable, all programs embracing an institutional training component shall be coordinated with and complementary to the existing state public educational systems and shall not be duplicative or competitive in nature to such systems.

(5) The State Board for Community and Junior Colleges, the State Department of Education, the board of trustees of any community or junior college district, and the school board of any school district shall cooperate in carrying out the provisions of this act.

SECTION 5. Section 37-3-25, Mississippi Code of 1972, is amended as follows:

37-3-25. (1) The Director of the Division of Vocational and Technical Education of the State Department of Education who shall be an associate state superintendent of education shall be appointed by the State Superintendent of Public Education. The director's salary shall be set by the State Board of Education subject to the approval of the State Personnel Board. His salary, compensation, travel expenses or other expenses shall be provided for out of any funds made available for such purpose by the Legislature, the federal government, or other gifts or grants. The director shall be responsible to the State Superintendent of Public Education for the proper administration of the programs of primary and secondary vocational and technical education in conformity with the policies adopted by the State Board of Education and shall be responsible for appointing any necessary supervisors, assistants, and employees to assist in carrying out the programs of primary and secondary vocational and technical education. The director shall have the authority to employ, compensate, terminate, promote, demote, transfer or reprimand employees of the division. The salary and compensation of such employees shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board as created under Section 25-9-101 et seq.

(2) The Director of the Division of Vocational and Technical Education, subject to the approval of the State Board of Education, shall have charge of and be responsible for primary and secondary vocational and technical education training in:

(a) Agriculture;

(b) Occupational and consumer home economics;

(c) Consumer and homemaking education;

(d) Trades and industry;

(e) Distributive education;

(f) Secondary adult education;

(g) Teacher training and supervision;

(h) Business and office;

(i) Health;

(j) Industrial arts;

(k) Guidance services;

(l) Secondary technical education;

(m) Cooperative education; and

(n) All other specialized primary and secondary training * * *.

SECTION 6. Section 37-31-205, Mississippi Code of 1972, is amended as follows:

37-31-205. (1) The State Board of Education shall have the authority to:

(a) Expend funds received either by appropriation or directly from federal or private sources;

(b) Channel funds to secondary schools * * * according to priorities set by the board;

(c) Allocate funds on an annual budgetary basis;

(d) Set standards for and approve all primary and secondary vocational and technical education programs in the public school system * * * or other agencies or institutions which receive state funds and federal funds for such purposes, including, but not limited to, the following primary and secondary vocational and technical education programs: agriculture, trade and industry, occupational home economics, consumer and homemaking education, distributive education, business and office, health, industrial arts, guidance services, secondary technical education, cooperative education, * * * all other specialized primary and secondary training * * *. The State Board of Education shall authorize local school boards, within such school board's discretion, to offer distributive education as a one-hour or two-hour block course. There shall be no reduction of reimbursements from state funding for distributive education due to the selection of either the one-hour or two-hour course offering;

(e) Set and publish certification standards for primary and secondary vocational and technical education personnel;

(f) Require data and information on program performance from those programs receiving state funds;

(g) Expend funds to expand career information;

(h) Supervise and maintain the division of vocational and technical education and to utilize to the greatest extent possible said division as the administrative unit of the board responsible for coordinating programs and services with local institutions;

(i) Promulgate such rules and regulations necessary to carry out the provisions of this chapter in accordance with Section 25-43-1 et seq.;

(j) Set standards and approve all primary and secondary vocational and technical education equipment and facilities purchased and/or leased with state and federal vocational funds;

(k) Encourage provisions for lifelong learning and changing personal career preferences and advancement of vocational and technical education students through articulated programs between high schools and community/junior colleges;

(l) Encourage the establishment of new linkages with business and industry which will provide for a better understanding of essential labor market concepts; and

(m) Periodically review the funding and reporting processes required of local school districts by the board or division with the aim of simplifying or eliminating inefficient practices and procedures.

(2) The State Board for Community and Junior Colleges shall set standards for, approve and expend funds for all postsecondary vocational and technical education programs and those secondary vocational programs operated by community and junior colleges. * * *

(3) The State Board of Education and the State Board for Community and Junior Colleges may provide that beginning with the 1995-1996 school year, every vocational and technical education course or program in Mississippi may integrate academic and vocational-technical education through coherent sequences of courses, so that students in such programs achieve both academic and occupational competencies. The boards may expend federal funds available from the 1990 Perkins Act, or other available federal funds, for the alignment of vocational-technical programs with academic programs through the accreditation process and the teacher certification process. The State Board of Education and the State Board for Community and Junior Colleges shall make a joint report to the 1995 Regular Session of the Legislature to the Senate and House Committees on Education regarding the various methods or models of integrating academic and vocational-technical courses and setting forth a specific state plan for the integration or realignment of these programs in the secondary and postsecondary schools for implementation in the 1996-1997 school year.

SECTION 7. Section 37-31-207, Mississippi Code of 1972, is amended as follows:

37-31-207. The State Board of Education shall have the following duties:

(a) To seek the best available projections of employment and occupations for Mississippians;

(b) To utilize these projections and other considerations to set primary and secondary vocational and technical education priorities;

(c) To utilize the services of all state agencies having information regarding the purposes of this chapter;

(d) To cooperate with the State Board for Community and Junior Colleges to prevent duplication and provide continuity of employment and training services;

(e) To conduct evaluations of the success or failure of primary and secondary vocational-technical programs, including the extent to which training actually leads to jobs in the field in which the student was trained;

(f) Obtain and publish data and information on program performance from those primary and secondary vocational-technical programs receiving state funds; and

(g) To notify local school districts * * * prior to March 1 annually of any discontinuation of ongoing vocational programs which would affect the renewing of contracts with vocational personnel.

SECTION 8. Section 37-31-209, Mississippi Code of 1972, is amended as follows:

37-31-209. (1) Any advisory council, other than the special management advisory board, serving the board shall include five (5) members who are presidents of public community/junior colleges located in the State of Mississippi, and three (3) members who are superintendents of education of a countywide, municipal separate or consolidated school district.

(2) In addition to any other requirements of law, it is made the duty of the advisory council and it is hereby granted the authority to:

(a) Advise the State Board of Education in the development of comprehensive policies and programs for the improvement of primary and secondary vocational-technical education in the state;

(b) Assist in the formulation of rules, regulations and standards relating to primary and secondary vocational-technical education programs by submitting written recommendations prior to their adoption and promulgation by the board; and

(c) Assist in the promotion of public understanding of the purposes, policies and practices regarding primary and secondary vocational-technical education in this state.

(3) The additional members of the advisory council may meet with the board in a nonvoting capacity at regular meetings of the board when the board is not in executive session.

(4) The additional members required by this section shall be reimbursed for their expenses in the same manner and from the same source as other members.

SECTION 9. Section 37-31-211, Mississippi Code of 1972, is amended as follows:

37-31-211. (1) The Legislature shall appropriate to the State Board of Education those state funds to be expended by the board through the Division of Vocational and Technical Education of the State Department of Education for primary and secondary vocational-technical education.

(2) The Legislature shall appropriate to the State Board for Community and Junior Colleges those state funds to be expended for postsecondary vocational-technical education and those secondary centers operated by community and junior colleges.

(3) That portion of the funds expended for workforce education and postsecondary vocational-technical education at Mississippi State University's Research and Curriculum unit shall be specifically appropriated to the State Board for Community and Junior Colleges to provide this service to the community and junior colleges for workforce education and postsecondary vocational-technical education.

(4) The State Board for Community and Junior Colleges shall develop accountability standards that will include, in part, the following items:

(a) The State Board for Community and Junior Colleges shall develop a formula for the distribution of vocational-technical funds for equipment to the local community and junior colleges;

(b) The State Board for Community and Junior Colleges shall develop guidelines for vocational-technical instructors, professional staff and administrator qualifications. These guidelines shall be in accordance with Southern Association of Colleges and Schools criteria;

(c) The State Board for Community and Junior Colleges, in conjunction with the State Department of Education, shall develop an articulation agreement for secondary vocational students matriculating into postsecondary vocational-technical programs.

(d) Each of the fifteen (15) Mississippi community colleges are governed by local boards and these boards have legislative authority to govern vocational-technical programs. In addition, each of the community/junior colleges are accredited by the Southern Association of Colleges and Schools, an accrediting agency that has rigorous accountability standards.

(5) The Mississippi State Board for Community and Junior Colleges, with the Mississippi Association of Community/Junior Colleges, shall include, but not be limited to, developing accountability standards for implementation of on-going operations of vocational-technical education programs. Measures of accountability with program outcome intent are:

(a) Where applicable, national or state-developed assessment instruments will measure student achievement and program outcome;

(b) Program advisory committees composed of labor, management and current/perspective employers will be a vital part of the curriculum development and on-going modification;

(c) Employer satisfaction with education in postsecondary vocational-technical programs will be evaluated and recorded for public review;

(d) Support from alumni will be solicited, encouraged and sought to promote quality and public awareness of programs;

(e) Positive placement rate of students who complete postsecondary vocational-technical programs will be a necessary element for program continuation;

(f) Student retention in postsecondary vocational-technical programs shall be measured by a sufficient number of students completing and passing all levels of instruction in any individual program;

(g) Related studies in education for postsecondary vocational-technical students will support students needing developmental help for successful completion of their career objective;

(h) Each individual institution will be accountable for providing administrative support to effectively operate programs;

(i) Counselors will be available to help in student placement and appropriate career choices;

(j) Average enrollment per full-time equivalent (FTE) teacher unit for postsecondary occupational programs should be evaluated to address labor demand for the service area of each individual community college;

(k) A comprehensive safety and health plan is implemented to ensure safe working conditions and practice in the postsecondary vocational-technical labs; included shall be adequate facilities and equipment to house and provide quality instruction for the number of students enrolled in such programs;

(l) Program completers are placed in a field related to their training. In addition, continuing education is to be provided in a related field;

(m) Adequate numbers of individuals are educated in postsecondary vocational-technical education and workforce education;

(n) Each community/junior college will be responsible for submitting an annual report card to the Mississippi State Board for Community and Junior Colleges.

SECTION 10. This act shall take effect and be in force from and after July 1, 2000.