HB 74 (As Introduced) - 2001 Regular Session

MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Education; Appropriations

By: Representative Frierson

House Bill 74

AN ACT TO DIVIDE SECTION 37-19-7, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE SALARIES OF TEACHERS INTO THREE SEPARATE CODE SECTIONS; TO AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE BASE SALARIES OF TEACHERS AND TO DELETE THOSE PROVISIONS RELATING TO THE PAYMENT OF ANNUAL INCREMENTS AND SALARY SUPPLEMENTS; TO CREATE NEW SECTION 37-19-7.1, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE ANNUAL SALARY INCREASES PAYABLE TO TEACHERS FOR YEARS OF TEACHING EXPERIENCE; TO CREATE NEW SECTION 37-19-8, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE PAYMENT OF ANNUAL SALARY SUPPLEMENTS TO TEACHERS AND OTHER SCHOOL EMPLOYEES WHO ACHIEVE NATIONAL CERTIFICATION; TO REPEAL SECTIONS 37-19-7, 37-19-7.1 AND 37-19-8, MISSISSIPPI CODE OF 1972, WHEN THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM IS FULLY IMPLEMENTED ON JULY 1, 2002; TO CREATE NEW SECTION 37-151-86, MISSISSIPPI CODE OF 1972, EFFECTIVE JULY 1, 2002, TO PRESCRIBE THE BASE SALARIES OF TEACHERS UNDER THE ADEQUATE EDUCATION PROGRAM; TO CREATE NEW SECTION 37-151-86.1, MISSISSIPPI CODE OF 1972, EFFECTIVE JULY 1, 2002, TO PRESCRIBE THE ANNUAL SALARY INCREASES PAYABLE TO TEACHERS UNDER THE ADEQUATE EDUCATION PROGRAM FOR YEARS OF TEACHING EXPERIENCE; TO CREATE NEW SECTION 37-151-86.2, MISSISSIPPI CODE OF 1972, EFFECTIVE JULY 1, 2002, TO PROVIDE FOR THE PAYMENT OF ANNUAL SALARY SUPPLEMENTS UNDER THE ADEQUATE EDUCATION PROGRAM TO TEACHERS AND OTHER SCHOOL EMPLOYEES WHO ACHIEVE NATIONAL CERTIFICATION; TO AMEND SECTIONS 37-3-51, 37-9-18, 37-9-77, 37-151-79, 37-151-81 AND 37-151-91, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-21-7, MISSISSIPPI CODE OF 1972, TO DELETE THOSE PROVISIONS RELATING TO THE SALARIES OF ASSISTANT TEACHERS FROM THE MISSISSIPPI ELEMENTARY SCHOOLS ASSISTANT TEACHER PROGRAM; TO CREATE NEW SECTION 37-21-9, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE SALARIES OF ASSISTANT TEACHERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-19-7, Mississippi Code of 1972, is amended as follows:

37-19-7. * * * This section shall be known and may be cited as the Mississippi "Teacher Opportunity Program (TOP)." The allowance in the minimum education program * * * for teachers' salaries in each county and separate school district shall be determined and paid in accordance with the scale for teachers' salaries as provided in this section. For teachers holding the following types of licenses or the equivalent as determined by the State Board of Education, and the following number of years of teaching experience, the scale shall be as follows:

1999-2000 School Year

and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 25,790.00

AAA 24,940.00

AA 24,090.00

A 23,040.00

25 or More Years of Teaching Experience

AAAA $ 26,790.00

AAA 25,940.00

AA 25,090.00

A 24,040.00

* * * However, * * * in the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2002 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the scale shall be as follows:

2001-2002 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 26,290.00

AAA 25,440.00

AA 24,590.00

A 23,540.00

25 or More Years of Teaching Experience

AAAA $ 27,790.00

AAA 26,940.00

AA 26,090.00

A 25,040.00

* * * For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2002, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

In the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2003 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the scale shall be as follows:

2002-2003 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 27,850.00

AAA 27,000.00

AA 26,150.00

A 24,700.00

25 or More Years of Teaching Experience

AAAA $ 29,850.00

AAA 29,000.00

AA 28,150.00

A 26,700.00

The State Board of Education shall revise the salary scale prescribed above for the 2002-2003 school year to conform to any adjustments made to the salary scale in the prior fiscal year due to revenue growth over and above five percent (5%). * * * For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2003, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

In the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2004 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the scale shall be as follows:

2003-2004 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 29,550.00

AAA 28,700.00

AA 27,850.00

A 26,000.00

25 or More Years of Teaching Experience

AAAA $ 31,550.00

AAA 30,700.00

AA 29,850.00

A 28,000.00

The State Board of Education shall revise the salary scale prescribed above for the 2003-2004 school year to conform to any adjustments made to the salary scale in prior fiscal years due to revenue growth over and above five percent (5%). * * * For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2004, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

In the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2005 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the scale shall be as follows:

2004-2005 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 31,775.00

AAA 30,850.00

AA 29,925.00

A 28,000.00

25 or More Years of Teaching Experience

AAAA $ 33,775.00

AAA 32,850.00

AA 31,925.00

A 30,000.00

The State Board of Education shall revise the salary scale prescribed above for the 2004-2005 school year to conform to any adjustments made to the salary scale in prior fiscal years due to revenue growth over and above five percent (5%). * * * For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2005, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

In the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2006 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the scale shall be as follows:

2005-2006 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 34,000.00

AAA 33,000.00

AA 32,000.00

A 30,000.00

25 or More Years of Teaching Experience

AAAA $ 36,000.00

AAA 35,000.00

AA 34,000.00

A 32,000.00

The State Board of Education shall revise the salary scale prescribed above for the 2005-2006 school year to conform to any adjustments made to the salary scale in prior fiscal years due to revenue growth over and above five percent (5%). * * * For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2006, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

It is the intent of the Legislature that any state funds made available for salaries of licensed personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to licensed personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system.

All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.

* * *

The level of professional training of each teacher to be used in establishing the salary allotment for the teachers for each year shall be determined by the type of valid teacher's license issued to those teachers on or before October 1 of the current school year.

This section shall be repealed on July 1, 2002.

SECTION 2. The following shall be codified as Section 37-19-7.1, Mississippi Code of 1972:

37-19-7.1. For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Six Hundred Sixty Dollars ($660.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Five Hundred Ninety-five Dollars ($595.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Five Hundred Thirty Dollars ($530.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Four Hundred Thirty-five Dollars ($435.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-one (21) years of teaching experience.

However, in the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2003 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the annual increments shall be as follows:

For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Six Hundred Eighty-five Dollars ($685.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Six Hundred Twenty Dollars ($620.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Five Hundred Fifty-five Dollars ($555.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Four Hundred Forty-five Dollars ($445.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-two (22) years of teaching experience.

For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Seven Hundred Ten Dollars ($710.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Six Hundred Forty-five Dollars ($645.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Five Hundred Eighty Dollars ($580.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Four Hundred Fifty-five Dollars ($455.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Seven Hundred Forty Dollars ($740.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Six Hundred Seventy-five Dollars ($675.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Six Hundred Ten Dollars ($610.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Four Hundred Sixty-five Dollars ($465.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-four (24) years of teaching experience.

For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Seven Hundred Seventy Dollars ($770.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Seven Hundred Five Dollars ($705.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Six Hundred Forty Dollars ($640.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-19-7 shall be increased by the sum of Four Hundred Eighty Dollars ($480.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-four (24) years of teaching experience.

The level of professional training of each teacher to be used in establishing the annual increment for the teachers for each year shall be determined by the type of valid teacher's license issued to those teachers on or before October 1 of the current school year.

This section shall be repealed on July 1, 2002.

SECTION 3. The following shall be codified as Section 37-19-8, Mississippi Code of 1972:

37-19-8. (1) The following persons shall receive an annual salary supplement in the amount of Six Thousand Dollars ($6,000.00), plus fringe benefits, in addition to any other compensation to which the person may be entitled:

(a) Any licensed teacher who has met the requirements and acquired a Master Teacher certificate from the National Board for Professional Teaching Standards and who is employed by a local school board or the State Board of Education as a teacher and not as an administrator. In the 1999-2000 and 2000-2001 school year, such teacher shall submit documentation to the State Department of Education that the certificate was received prior to April 15 in order to be eligible for the full salary supplement in the current school year. In the 2001-2002 school year and in school years thereafter, such teacher shall submit documentation to the State Department of Education that the certificate was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the teacher shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.

(b) From and after July 1, 1999, any licensed school counselor who has met the requirements and acquired a National Certified School Counselor (NCSC) endorsement from the National Board of Certified Counselors and who is employed by a local school board or the State Board of Education as a counselor and not as an administrator. Such licensed school counselor shall submit documentation to the State Department of Education that the endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school counselor shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, the salary supplement authorized under this item shall be discontinued two (2) years after the date on which the National Board for Professional Teaching Standards offers a certification process for a Master Teacher certificate for school counselors, and any school counselor receiving the salary supplement will be required to complete the Master Teacher certificate process under paragraph (a) of this subsection in order to continue receiving such salary supplement.

(c) From and after July 1, 1999, any licensed speech-language pathologist and audiologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association and who is employed by a local school board. Such licensed speech-language pathologist and audiologist shall submit documentation to the State Department of Education that the certificate or endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed speech-language pathologist and audiologist shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, the salary supplement authorized under this item shall be discontinued two (2) years after the date on which the National Board for Professional Teaching Standards offers a certification process for a Master Teacher certificate for school speech pathologists and audiologists, and any school speech pathologist and audiologist receiving the salary supplement will be required to complete the Master Teacher certificate process under paragraph (a) of this subsection in order to continue receiving such salary supplement.

(2) An employee shall be reimbursed one (1) time for the actual cost of completing the process of acquiring the certificate or endorsement, excluding any costs incurred for postgraduate courses, not to exceed Five Hundred Dollars ($500.00) for a school counselor or speech-language pathologist and audiologist, regardless of whether or not the process resulted in the award of the certificate or endorsement. A local school district or any private individual or entity may pay the cost of completing the process of acquiring the certificate or endorsement for any employee of the school district described under subsection (1), and the State Department of Education shall reimburse the school district for such cost, regardless of whether or not the process resulted in the award of the certificate or endorsement. If a private individual or entity has paid the cost of completing the process of acquiring the certificate or endorsement for an employee, the local school district may agree to directly reimburse the individual or entity for such cost on behalf of the employee.

(3) All salary supplements, fringe benefits and process reimbursement authorized under this section shall be paid directly by the State Department of Education to the local school district and shall be in addition to its minimum education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education, and subject to appropriation by the Legislature. Local school districts shall not reduce the local supplement paid to any employee receiving such salary supplement, and the employee shall receive any local supplement to which employees with similar training and experience otherwise are entitled.

(4) The State Department of Education may not pay any process reimbursement to a school district for an employee who does not complete the certification or endorsement process required to be eligible for the certificate or endorsement. If an employee for whom such cost has been paid in full or in part by a local school district or private individual or entity fails to complete the certification or endorsement process, the employee shall be liable to the school district or individual or entity for all amounts paid by the school district or individual or entity on behalf of that employee toward his or her certificate or endorsement.

(5) This section shall be repealed on July 1, 2002.

SECTION 4. The following shall be codified as Section 37-151-86, Mississippi Code of 1972:

37-151-86. (1) The allowance in the Mississippi Adequate Education Program for teachers' salaries in each county and separate school district shall be determined and paid in accordance with the scale for teachers' salaries as provided in this section. For teachers holding the following types of licenses or the equivalent as determined by the State Board of Education, and the following number of years of teaching experience, the scale shall be as follows:

1999-2000 School Year

and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 25,790.00

AAA 24,940.00

AA 24,090.00

A 23,040.00

25 or More Years of Teaching Experience

AAAA $ 26,790.00

AAA 25,940.00

AA 25,090.00

A 24,040.00

However, in the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2002 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the scale shall be as follows:

2001-2002 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 26,290.00

AAA 25,440.00

AA 24,590.00

A 23,540.00

25 or More Years of Teaching Experience

AAAA $ 27,790.00

AAA 26,940.00

AA 26,090.00

A 25,040.00

For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2002, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

2002-2003 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 27,850.00

AAA 27,000.00

AA 26,150.00

A 24,700.00

25 or More Years of Teaching Experience

AAAA $ 29,850.00

AAA 29,000.00

AA 28,150.00

A 26,700.00

The State Board of Education shall revise the salary scale prescribed above for the 2002-2003 school year to conform to any adjustments made to the salary scale in the prior fiscal year due to revenue growth over and above five percent (5%). For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2003, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

2003-2004 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 29,550.00

AAA 28,700.00

AA 27,850.00

A 26,000.00

25 or More Years of Teaching Experience

AAAA $ 31,550.00

AAA 30,700.00

AA 29,850.00

A 28,000.00

The State Board of Education shall revise the salary scale prescribed above for the 2003-2004 school year to conform to any adjustments made to the salary scale in prior fiscal years due to revenue growth over and above five percent (5%). For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2004, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

2004-2005 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 31,775.00

AAA 30,850.00

AA 29,925.00

A 28,000.00

25 or More Years of Teaching Experience

AAAA $ 33,775.00

AAA 32,850.00

AA 31,925.00

A 30,000.00

The State Board of Education shall revise the salary scale prescribed above for the 2004-2005 school year to conform to any adjustments made to the salary scale in prior fiscal years due to revenue growth over and above five percent (5%). For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2005, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

2005-2006 School Year and School Years Thereafter

Less Than 25 Years of Teaching Experience

AAAA $ 34,000.00

AAA 33,000.00

AA 32,000.00

A 30,000.00

25 or More Years of Teaching Experience

AAAA $ 36,000.00

AAA 35,000.00

AA 34,000.00

A 32,000.00

The State Board of Education shall revise the salary scale prescribed above for the 2005-2006 school year to conform to any adjustments made to the salary scale in prior fiscal years due to revenue growth over and above five percent (5%). For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum for fiscal year 2006, as certified by the Legislative Budget Office to the State Board of Education and subject to specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) across the board increase in the base salaries for each type of license.

SECTION 5. The following shall be codified as Section 37-151-86.1, Mississippi Code of 1972:

37-151-86.1. For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Six Hundred Sixty Dollars ($660.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Five Hundred Ninety-five Dollars ($595.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Five Hundred Thirty Dollars ($530.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Four Hundred Thirty-five Dollars ($435.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-one (21) years of teaching experience.

For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Six Hundred Eighty-five Dollars ($685.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Six Hundred Twenty Dollars ($620.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Five Hundred Fifty-five Dollars ($555.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Four Hundred Forty-five Dollars ($445.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-two (22) years of teaching experience.

For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Seven Hundred Ten Dollars ($710.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Six Hundred Forty-five Dollars ($645.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Five Hundred Eighty Dollars ($580.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Four Hundred Fifty-five Dollars ($455.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-three (23) years of teaching experience.

For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Seven Hundred Forty Dollars ($740.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Six Hundred Seventy-five Dollars ($675.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Six Hundred Ten Dollars ($610.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Four Hundred Sixty-five Dollars ($465.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-four (24) years of teaching experience.

For teachers holding a Class AAAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Seven Hundred Seventy Dollars ($770.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AAA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Seven Hundred Five Dollars ($705.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class AA license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Six Hundred Forty Dollars ($640.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-five (25) years of teaching experience.

For teachers holding a Class A license, the minimum base pay specified in Section 37-151-86 shall be increased by the sum of Four Hundred Eighty Dollars ($480.00) for each year of teaching experience possessed by the person holding such license until such person shall have twenty-four (24) years of teaching experience.

SECTION 6. The following shall be codified as Section 37-151-86.2, Mississippi Code of 1972:

37-151-86.2. (1) The following persons shall receive an annual salary supplement in the amount of Six Thousand Dollars ($6,000.00), plus fringe benefits, in addition to any other compensation to which the person may be entitled:

(b) Any licensed school counselor who has met the requirements and acquired a National Certified School Counselor (NCSC) endorsement from the National Board of Certified Counselors and who is employed by a local school board or the State Board of Education as a counselor and not as an administrator. Such licensed school counselor shall submit documentation to the State Department of Education that the endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school counselor shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, the salary supplement authorized under this item shall be discontinued two (2) years after the date on which the National Board for Professional Teaching Standards offers a certification process for a Master Teacher certificate for school counselors, and any school counselor receiving the salary supplement will be required to complete the Master Teacher certificate process under paragraph (a) of this subsection in order to continue receiving such salary supplement.

(c) Any licensed speech-language pathologist and audiologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association and who is employed by a local school board. Such licensed speech-language pathologist and audiologist shall submit documentation to the State Department of Education that the certificate or endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed speech-language pathologist and audiologist shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, the salary supplement authorized under this item shall be discontinued two (2) years after the date on which the National Board for Professional Teaching Standards offers a certification process for a Master Teacher certificate for school speech pathologists and audiologists, and any school speech pathologist and audiologist receiving the salary supplement will be required to complete the Master Teacher certificate process under paragraph (a) of this subsection in order to continue receiving such salary supplement.

SECTION 7. Section 37-3-51, Mississippi Code of 1972, is amended as follows:

37-3-51. (1) Upon the conviction of any licensed employee, as defined in Section 37-9-1, employed by a public or private elementary or secondary school, of any felony, or of a sex offense as defined in subsection (2) of this section, the district attorney or other prosecuting attorney shall identify those defendants for the circuit clerk. Each circuit clerk shall provide the State Department of Education with notice of the conviction of any such personnel of a felony or a sex offense.

(2) "Sex offense" shall mean any of the following offenses:

(a) Section 97-3-65, relating to the carnal knowledge of a child under fourteen (14) years of age;

(b) Section 97-3-95, relating to sexual battery;

(d) Section 97-5-23, relating to the touching of a child for lustful purposes;

(e) Section 97-5-27, relating to the dissemination of sexually oriented material to children;

(f) Section 97-5-33, relating to the exploitation of children;

(g) Section 97-5-41, relating to the carnal knowledge of a stepchild, adopted child, or child of a cohabitating partner;

(h) Section 97-29-59, relating to unnatural intercourse; or

(i) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.

(3) In addition, the State Department of Education is considered to be the employer of such personnel for purposes of requesting a criminal record background checks.

SECTION 8. Section 37-9-18, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2002, this section will read as follows:]

37-9-18. (1) The superintendent of schools shall furnish to the school board a financial statement of receipts and disbursements, by funds, on or before the last working day of the following month covering the prior month. The school board shall be authorized to investigate and audit all financial records of the superintendent of schools at any and all times.

(2) The State Auditor, in his discretion, shall audit the financial records of school districts. The State Auditor shall give reasonable notice to school districts regarding the times during which he will perform such audits. In any fiscal year in which the State Auditor is not scheduled to perform an audit, the school board shall cause all the financial records of the superintendent of schools to be audited by a certified public accountant licensed to practice accounting in the State of Mississippi. If the school board so elects by resolution adopted each year, the audit shall be performed by the State Auditor. Contracts for the audit of public school districts shall be let by the school board in the manner prescribed by the State Auditor. The audit shall be conducted in accordance with generally accepted auditing standards and generally accepted accounting principles, and the report presented thereon shall be in accordance with generally accepted accounting principles. If the auditor's opinion on the general purpose financial statements is a disclaimer, as that term is defined by generally accepted auditing standards, or if the State Auditor determines the existence of serious financial conditions in the district, the State Auditor shall immediately notify the State Board of Education. Upon receiving the notice, the State Superintendent of Public Education shall direct the school district to immediately cease all expenditures until a financial advisor is appointed by the state superintendent. The financial advisor shall be an agent of the State Board of Education and shall be a certified public accountant or a qualified business officer. The financial advisor shall, with the approval of the State Board of Education:

(a) Approve or disapprove all expenditures and all financial obligations of the district;

(b) Ensure compliance with any statutes and State Board of Education rules or regulations concerning expenditures by school districts;

(c) Review salaries and the number of all district personnel and make recommendations to the local school board of any needed adjustments. Should such recommendations necessitate the reduction in local salary supplement, such recommended reductions shall be only to the extent which will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education. The local school board, in considering either a reduction in personnel or a reduction in local supplements, shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105 and, further, shall not be required to comply with Sections 37-19-11 and 37-19-7 * * * in regard to reducing local supplements and the number of personnel.

(d) Work with the school district's business office to correct all inappropriate accounting procedures and/or uses of school district funds and to prepare the school district's budget for the next fiscal year; and

(e) Report frequently to the State Board of Education on the corrective actions being taken and the progress being made in the school district. The financial adviser shall serve until such time as corrective action and progress is being made in such school district as determined by the State Board of Education with the concurrence of the State Auditor, or until such time as an interim conservator is assigned to such district by the State Board of Education under Section 37-17-6. The school district shall be responsible for all expenses associated with the use of the financial advisor. If the audit report reflects a failure by the school district to meet accreditation standards, the State Board of Education shall proceed under Section 37-17-6.

(3) In the event the State Auditor does not perform the audit examination, then the audit report of the school district shall be reviewed by the State Auditor for compliance with applicable state laws before final payment is made on the audit by the school board. All financial records, books, vouchers, cancelled checks and other financial records required by law to be kept and maintained in the case of municipalities shall be faithfully kept and maintained in the office of the superintendent of schools under the same provisions and penalties provided by law in the case of municipal officials.

[From and after July 1, 2002, this section will read as follows:]

(a) Approve or disapprove all expenditures and all financial obligations of the district;

(b) Ensure compliance with any statutes and State Board of Education rules or regulations concerning expenditures by school districts;

(c) Review salaries and the number of all district personnel and make recommendations to the local school board of any needed adjustments. Should such recommendations necessitate the reduction in local salary supplement, such recommended reductions shall be only to the extent which will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education. The local school board, in considering either a reduction in personnel or a reduction in local supplements, shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105 and, further, shall not be required to comply with Sections 37-151-86 and 37-151-87 in regard to reducing local supplements and the number of personnel.

SECTION 9. Section 37-9-77, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2002, this section will read as follows:]

37-9-77. (1) There is established the Mississippi School Administrator Sabbatical Program which shall be available to licensed teachers employed in Mississippi school districts for not less than three (3) years, for the purpose of allowing such teachers to become local school district administrators under the conditions set forth in this section. The State Board of Education, in coordination with the Board of Trustees of State Institutions of Higher Learning, shall develop guidelines for the program. Application shall be made to the State Department of Education for the Mississippi School Administrator Sabbatical Program by qualified teachers meeting the criteria for a department-approved administration program and who have been recommended by the local school board. Administration programs that are eligible for the administrator sabbatical program shall be limited to those that have been approved by the department by the January 1 preceding the date of admission to the program. Admission into the program shall authorize the applicant to take university course work and training leading to an administrator's license.

(2) The salaries of the teachers approved for participation in the administrator sabbatical program shall be paid by the employing school district from nonminimum education program funds. However, the State Department of Education shall reimburse the employing school districts for the cost of the salaries and paid fringe benefits of teachers participating in the administrator sabbatical program for one (1) contract year. Reimbursement shall be made in accordance with the then current minimum education program salary schedule under Section 37-19-7, except that the maximum amount of the reimbursement from state funds shall not exceed the minimum education program salary for a teacher holding a Class A license and having five (5) years' experience. The local school district shall be responsible for that portion of a participating teacher's salary attributable to the local supplement and for any portion of the teacher's salary that exceeds the maximum amount allowed for reimbursement from state funds as provided in this subsection, and the school board may not reduce the local supplement payable to that teacher. Any reimbursements made by the State Department of Education to local school districts under this section shall be subject to available appropriations and may be made only to school districts determined by the State Board of Education as being in need of administrators.

(3) Such teachers participating in the program on a full-time basis shall continue to receive teaching experience and shall receive the salary prescribed in Section 37-19-7 and the annual experience increments prescribed in Section 37-19-7.1. Such participants shall be fully eligible to continue participation in the Public Employees Retirement System and the State and School Employees Life and Health Insurance Plan during the time they are in the program on a full-time basis.

(4) As a condition for participation in the School Administrator Sabbatical Program, such teachers shall agree to employment as administrators in the sponsoring school district for not less than five (5) years following completion of administrator licensure requirements. Any person failing to comply with this employment commitment in any required school year, unless the commitment is deferred as provided in subsection (5) of this section, shall immediately be in breach of contract and become liable to the State Department of Education for that amount of his salary and paid fringe benefits paid by the state while the teacher was on sabbatical, less twenty percent (20%) of the amount of his salary and paid fringe benefits paid by the state for each year that the person was employed as an administrator following completion of the administrator licensure requirements. In addition, the person shall become liable to the local school district for any portion of his salary and paid fringe benefits paid by the local school district while the teacher was on sabbatical that is attributable to the local salary supplement or is attributable to the amount that exceeds the maximum amount allowed for reimbursement from state funds as provided in subsection (2) of this section, less twenty percent (20%) of the amount of his salary and paid fringe benefits paid by the school district for each year that the person was employed as an administrator following completion of the administrator licensure requirements. Interest on the amount due shall accrue at the current Stafford Loan rate at the time the breach occurs. If the claim for repayment of such salary and fringe benefits is placed in the hands of an attorney for collection after default, then the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.

(5) If there is not an administrator position immediately available in the sponsoring school district after a person has completed the administrator licensure requirements, or if the administrator position in the sponsoring school district in which the person is employed is no longer needed before the completion of the five-year employment commitment, the local school board shall defer any part of the employment commitment that has not been met until such time as an administrator position becomes available in the sponsoring school district. If such a deferral is made, the sponsoring school district shall employ the person as a teacher in the school district during the period of deferral, unless the person desires to be released from employment by the sponsoring school district and the district agrees to release the person from employment. If the sponsoring school district releases a person from employment, that person may be employed as an administrator in another school district in the state that is in need of administrators as determined by the State Board of Education, and that employment for the other school district shall be applied to any remaining portion of the five-year employment commitment required under this section. Nothing in this subsection shall prevent a school district from not renewing the person's contract before the end of the five-year employment commitment in accordance with the School Employment Procedures Law (Section 37-9-101 et seq.). However, if the person is not employed as an administrator by another school district after being released by the sponsoring school district, or after his contract was not renewed by the sponsoring school district, he shall be liable for repayment of the amount of his salary and fringe benefits as provided in subsection (4) of this section.

(6) All funds received by the State Department of Education from the repayment of salary and fringe benefits paid by the state from program participants shall be deposited in the Mississippi Critical Teacher Shortage Fund.

* * *

[From and after July 1, 2002, this section will read as follows:]

(2) The salaries of the teachers approved for participation in the administrator sabbatical program shall be paid by the employing school district from * * * funds other than Adequate Education Program funds. However, the State Department of Education shall reimburse the employing school districts for the cost of the salaries and paid fringe benefits of teachers participating in the administrator sabbatical program for one (1) contract year. Reimbursement shall be made in accordance with the then current Adequate Education Program salary schedule under Section 37-151-86, except that the maximum amount of the reimbursement from state funds shall not exceed the Adequate Education Program salary for a teacher holding a Class A license and having five (5) years' experience. The local school district shall be responsible for that portion of a participating teacher's salary attributable to the local supplement and for any portion of the teacher's salary that exceeds the maximum amount allowed for reimbursement from state funds as provided in this subsection, and the school board may not reduce the local supplement payable to that teacher. Any reimbursements made by the State Department of Education to local school districts under this section shall be subject to available appropriations and may be made only to school districts determined by the State Board of Education as being in need of administrators.

(3) Such teachers participating in the program on a full-time basis shall continue to receive teaching experience and shall receive the salary prescribed in Section 37-151-86 and the annual experience increments prescribed in Section 37-151-86.1. Such participants shall be fully eligible to continue participation in the Public Employees Retirement System and the State and School Employees Life and Health Insurance Plan during the time they are in the program on a full-time basis.

* * *

SECTION 10. Section 37-151-79, Mississippi Code of 1972, is amended as follows:

37-151-79. In addition to other funds provided for in this chapter, there shall be added to the allotment for each school district for each vocational teacher employed full time during the regular school term in a vocational education program approved by the State Department of Education the value of one-half (1/2) of the Adequate Education Program salary schedule provided in Section 37-151-86 and the annual increments schedule provided in Section 37-151-86.1, based on the type of license and number of years' teaching experience held by each approved vocational teacher plus one hundred percent (100%) of the applicable employer's rate for social security and state retirement.

SECTION 11. Section 37-151-81, Mississippi Code of 1972, is amended as follows:

37-151-81. (1) In addition to other funds provided for in this chapter, there shall be added to the allotment for each school district for each teacher employed in a State Department of Education approved program for exceptional children, as defined in Section 37-23-3, the value of one hundred percent (100%) of the Adequate Education Program salary schedule prescribed in Section 37-151-86 and the annual increments schedule provided in Section 37-151-86.1, based on the type of license and number of years' teaching experience held by each approved special education teacher, plus one hundred percent (100%) of the applicable employer's rate for social security and state retirement, except that only seventy percent (70%) of the value will be added for the program for three- and four-year-old exceptional children.

(2) In addition to the allowances provided above, for each handicapped child who is being educated by a public school district or is placed in accord with Section 37-23-77, and whose individualized educational program (IEP) requires an extended school year in accord with the State Department of Education criteria, a sufficient amount of funds shall be allocated for the purpose of providing the educational services the student requires. The State Board of Education shall promulgate such regulations as are required to insure the equitable distribution of these funds. All costs for the extended school year for a particular summer shall be reimbursed from funds appropriated for the fiscal year beginning July 1 of that summer. If sufficient funds are not made available to finance all of the required educational services, the State Department of Education shall expend available funds in such a manner that it does not limit the availability of appropriate education to handicapped students more severely than it does to nonhandicapped students.

(3) The State Department of Education is hereby authorized to match adequate education program and other funds allocated for provision of services to handicapped children with Division of Medicaid funds to provide language-speech services, physical therapy and occupational therapy to handicapped students who meet State Department of Education or Division of Medicaid standards and who are Medicaid eligible. Provided further, that the State Department of Education is authorized to pay such funds as may be required as a match directly to the Division of Medicaid pursuant to an agreement to be developed between the State Department of Education and the Division of Medicaid.

(4) In addition to other funds provided for in this chapter, there shall be added to the allotment for each school district for each teacher employed in a State Department of Education approved program for gifted education, as defined in Sections 37-23-173 through 37-23-181, the value of one hundred percent (100%) of the Adequate Education Program salary schedule prescribed in Section 37-151-86 and the annual increments schedule provided in Section 37-151-86.1, based on the type of license and number of years' teaching experience held by each approved gifted education teacher plus one hundred percent (100%) of the applicable employer's rate for social security and state retirement.

(5) When any children who are residents of the State of Mississippi and qualify under the provisions of Section 37-23-31, shall be provided a program of education, instruction and training within a school under the provisions of said section, the State Department of Education shall allocate the value of one hundred percent (100%) of the Adequate Education Program salary schedule prescribed in Section 37-151-86 and the annual increments schedule provided in Section 37-151-86.1, for each approved program based on the type of license and number of years' teaching experience held by each approved teacher plus one hundred percent (100%) of the applicable employer's rate for social security and state retirement. The university or college shall be eligible for state and federal funds for such programs on the same basis as local school districts. The university or college shall be responsible for providing for the additional costs of the program.

(6) In addition to the allotments provided above, a school district may provide a program of education and instruction to children ages five (5) years through twenty-one (21) years, who are resident citizens of the State of Mississippi, who cannot have their educational needs met in a regular public school program and who have not finished or graduated from high school, if those children are determined by competent medical authorities and psychologists to need placement in a state licensed facility for inpatient treatment, day treatment or residential treatment or a therapeutic group home. Such program shall operate under rules, regulations, policies and standards of school districts as determined by the State Board of Education. If a private school approved by the State Board of Education is operated as an integral part of the state licensed facility that provides for the treatment of such children, the private school within the facility may provide a program of education, instruction and training to such children by requesting the State Department of Education to allocate one (1) teacher unit or a portion of a teacher unit for each approved class. The facility shall be responsible for providing any additional costs of the program.

Such funds will be allotted based on the type of license and number of years' teaching experience held by each approved teacher. Such children shall not be counted in average daily attendance when determining regular teacher unit allocation.

SECTION 12. Section 37-151-91, Mississippi Code of 1972, is amended as follows:

37-151-91. The school boards of all school districts may establish salary schedules based on training, experience and other such factors as may be incorporated therein, including student progress and performance as developed by the State Board of Education, paying teachers greater amounts than the scale provided herein, but no teacher may be paid less than the amount based upon the minimum scale of pay provided in the Adequate Education Program as prescribed in Sections 37-151-86 through 37-151-86.2, and all supplements paid from local funds shall be based upon the salary schedules so established. The school boards may call upon the State Department of Education for aid and assistance in formulating and establishing such salary schedules, and it shall be the duty of the State Department of Education, when so called upon, to render such aid and assistance. The amount actually paid to each teacher shall be based upon and determined by the type of license held by such teacher.

SECTION 13. Section 37-21-7, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2002, this section will read as follows:]

37-21-7. (1) This section shall be referred to as the "Mississippi Elementary Schools Assistant Teacher Program," the purpose of which shall be to provide an early childhood education program that assists in the instruction of basic skills. The State Board of Education is authorized, empowered and directed to implement a statewide system of assistant teachers in kindergarten classes and in the first, second and third grades. The assistant teacher shall assist pupils in actual instruction under the strict supervision of a licensed teacher.

(2) (a) Except as otherwise authorized under subsection (6), each school district shall employ the total number of assistant teachers funded under * * * Section 37-21-9. The superintendent of each district shall assign the assistant teachers to the kindergarten, first-, second- and third-grade classes in the district in a manner that will promote the maximum efficiency, as determined by the superintendent, in the instruction of skills such as verbal and linguistic skills, logical and mathematical skills, and social skills.

(b) If a licensed teacher to whom an assistant teacher has been assigned is required to be absent from the classroom, the assistant teacher may assume responsibility for the classroom in lieu of a substitute teacher. However, no assistant teacher shall assume sole responsibility of the classroom for more than three (3) consecutive school days. Further, in no event shall any assistant teacher be assigned to serve as a substitute teacher for any teacher other than the licensed teacher to whom that assistant teacher has been assigned.

(3) Assistant teachers shall have, at a minimum, a high school diploma or a GED equivalent, and shall show demonstratable proficiency in reading and writing skills. The State Department of Education shall develop a testing procedure for assistant teacher applicants to be used in all school districts in the state.

(4) (a) In order to receive funding, each school district shall:

(i) Submit a plan on the implementation of a reading improvement program to the State Department of Education; and

(ii) Develop a plan of educational accountability and assessment of performance, including pretests and posttests, for reading in Grades 1 through 6.

(b) Additionally, each school district shall:

(i) Provide annually a mandatory preservice orientation session, using an existing in-school service day, for administrators and teachers on the effective use of assistant teachers as part of a team in the classroom setting and on the role of assistant teachers, with emphasis on program goals;

(ii) Hold periodic workshops for administrators and teachers on the effective use and supervision of assistant teachers;

(iii) Provide training annually on specific instructional skills for assistant teachers;

(iv) Annually evaluate their program in accordance with their educational accountability and assessment of performance plan; and

(v) Designate the necessary personnel to supervise and report on their program.

(5) The State Department of Education shall:

(a) Develop and assist in the implementation of a statewide uniform training module, subject to the availability of funds specifically appropriated therefor by the Legislature, which shall be used in all school districts for training administrators, teachers and assistant teachers. The module shall provide for the consolidated training of each assistant teacher and teacher to whom the assistant teacher is assigned, working together as a team, and shall require further periodical training for administrators, teachers and assistant teachers regarding the role of assistant teachers;

(b) Annually evaluate the program on the district and state level. Subject to the availability of funds specifically appropriated therefor by the Legislature, the department shall develop: (i) uniform evaluation reports, to be performed by the principal or assistant principal, to collect data for the annual overall program evaluation conducted by the department; or (ii) a program evaluation model that, at a minimum, addresses process evaluation; and

(c) Promulgate rules, regulations and such other standards deemed necessary to effectuate the purposes of this section. Noncompliance with the provisions of this section and any rules, regulations or standards adopted by the department may result in a violation of compulsory accreditation standards as established by the State Board of Education and Commission on School Accreditation.

* * *

(6) (a) As an alternative to employing assistant teachers, any school district may use the minimum program allotment provided under * * * Section 37-21-9 for the purpose of employing licensed teachers for kindergarten, first-, second- and third-grade classes; however, no school district shall be authorized to use the minimum program allotment for assistant teachers for the purpose of employing licensed teachers unless the district has established that the employment of licensed teachers using such funds will reduce the teacher:student ratio in the kindergarten, first-, second- and third-grade classes. All minimum program funds for assistant teachers shall be applied to reducing teacher:student ratio in Grades K-3.

It is the intent of the Legislature that no school district shall dismiss any assistant teacher for the purpose of using the minimum program assistant teacher allotment to employ licensed teachers. School districts may rely only upon normal attrition to reduce the number of assistant teachers employed in that district.

(b) In the event any school district meets Level 4 or 5 accreditation requirements, the State Board of Education, in its discretion, may exempt such school district from any accreditation requirements for the district's early childhood education program or reading improvement program.

[From and after July 1, 2002, this section reads as follows:]

(4) (a) In order to receive funding, each school district shall:

(i) Submit a plan on the implementation of a reading improvement program to the State Department of Education; and

(ii) Develop a plan of educational accountability and assessment of performance, including pretests and posttests, for reading in Grades 1 through 6.

(b) Additionally, each school district shall:

(ii) Hold periodic workshops for administrators and teachers on the effective use and supervision of assistant teachers;

(iii) Provide training annually on specific instructional skills for assistant teachers;

(iv) Annually evaluate their program in accordance with their educational accountability and assessment of performance plan; and

(v) Designate the necessary personnel to supervise and report on their program.

(5) The State Department of Education shall:

* * *

(6) (a) As an alternative to employing assistant teachers, any school district may use the Adequate Education Program allotments for the purpose of employing licensed teachers for kindergarten, first-, second- and third-grade classes; however, no school district shall be authorized to use the funds for assistant teachers for the purpose of employing licensed teachers unless the district has established that the employment of licensed teachers using such funds will reduce the teacher:student ratio in the kindergarten, first-, second- and third-grade classes. All Adequate Education Program funds for assistant teachers shall be applied to reducing teacher:student ratio in Grades K-3.

It is the intent of the Legislature that no school district shall dismiss any assistant teacher for the purpose of using state funds to employ licensed teachers. School districts may rely only upon normal attrition to reduce the number of assistant teachers employed in that district.

SECTION 14. The following shall be codified as Section 37-21-9, Mississippi Code of 1972:

[Until July 1, 2002, this section will read as follows:]

37-21-9. In addition to other funds allotted under the Minimum Education Program, each school district shall be allotted Nine Thousand One Hundred Fifteen Dollars ($9,115.00) per teacher unit as prescribed in Section 37-19-5 for Grades 1, 2 and 3 for the purpose of employing an assistant teacher. Assistant teachers shall be paid a minimum annual salary of Nine Thousand One Hundred Fifteen Dollars ($9,115.00). However, no assistant teacher shall be paid less than the amount he or she received in the prior school year. No school district shall receive any funds under this section for any school year during which the aggregate amount of the local contribution to the salaries of assistant teachers by the district shall have been reduced below such amount for the previous year. However, in the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2002 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the minimum salary for assistant teachers shall be Nine Thousand Three Hundred Sixty-five Dollars ($9,365.00).

For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum in fiscal year 2002, as certified by the Legislative Budget Office to the State Board of Education and subject to the specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale to provide an additional one percent (1%) increase in the salaries for assistant teachers. The State Board of Education shall revise the salaries prescribed above for assistant teachers to conform to any adjustments made in prior fiscal years due to revenue growth over and above five percent (5%). The assistant teachers shall not be restricted to working only in the grades for which the funds were allotted, but may be assigned to other classes as provided in Section 37-21-7.

[From and after July 1, 2002, this section will read as follows:]

37-21-9. Assistant teachers shall be paid a minimum annual salary of Nine Thousand One Hundred Fifteen Dollars ($9,115.00). However, no assistant teacher shall be paid less than the amount he or she received in the prior school year. No school district shall receive any funds under this section for any school year during which the aggregate amount of the local contribution to the salaries of assistant teachers by the district shall have been reduced below such amount for the previous year. However, in the event the Sine Die General Fund Revenue Estimate Increase for fiscal year 2002 is at least five percent (5%), as certified by the Legislative Budget Office to the State Board of Education, the minimum salary for assistant teachers shall be Nine Thousand Three Hundred Sixty-five Dollars ($9,365.00).

For each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds the five percent (5%) minimum in fiscal year 2002, 2003, 2004, 2005 or 2006, as certified by the Legislative Budget Office to the State Board of Education and subject to the specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale in the appropriate year to provide an additional one percent (1%) across the board increase in the base salaries for assistant teachers. The State Board of Education shall revise the salaries prescribed above for assistant teachers to conform to any adjustments made in prior fiscal years due to revenue growth over and above five percent (5%). The assistant teachers shall not be restricted to working only in the grades for which the funds were allotted, but may be assigned to other classes as provided in Section 37-21-7.

SECTION 15. Sections 1 through 3, 7 through 9, 13 and 14 shall take effect and be in force from and after July 1, 2001. Sections 4 through 6 and 10 through 12 shall take effect and be in force from and after July 1, 2002.