MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Appropriations

By: Representative Warren, Scott (17th), Brown, Ellzey, Frierson, Peranich, Weathersby

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE GENERAL EDUCATION PROGRAMS, THE VOCATIONAL AND TECHNICAL EDUCATION DIVISION OF THE STATE DEPARTMENT OF EDUCATION AND THE MISSISSIPPI SCHOOL DISTRICT UNIFORM MILLAGE ASSISTANCE GRANT PROGRAM FOR THE FISCAL YEAR 2002.

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

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division, for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 139,436,139.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the State Department of Education which is comprised of special source funds collected by or otherwise available to the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2001, and ending June 30, 2002

$ 704,449,472.00.

SECTION 3. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Health Care Expendable Fund, for the purpose of defraying the expenses of the State Department of Education for the Mississippi Eye Screening Program for providing vision safety services for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 250,000.00.

SECTION 4. Of the funds appropriated under the provisions of Sections 1, 2 and 3, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time 459

Part Time 3

Time-Limited: Full Time 55

Part Time 1

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2003 do not exceed Fiscal Year 2002 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2003 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2002 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2002 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

The State Department of Education shall prepare and present to the Joint Legislative Budget Committee and the Department of Finance and Administration and make available to the Legislature an accounting of program expenditures for all programs once at the beginning of the legislative session and once at the end of the fiscal year. The department at the same time shall present a summary report for each program.

SECTION 5. Of the funds appropriated in Section 2, Forty-six Million Dollars ($46,000,000.00) shall be derived from the School Ad Valorem Reduction Fund and Sixty-four Million Three Hundred Ninety-two Thousand One Hundred Ninety-five Dollars ($64,392,195.00) shall be derived from the Education Enhancement Fund deposited pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, for the following purposes:

School Ad Valorem Reduction ............$ 46,000,000.00

Grants to school districts for capital

facilities and buses ...................$ 16,000,000.00

Instructional Materials ................$ 18,768,909.00

Purchasing textbooks and other

educational materials, but not to

include more than Two Million

Dollars ($2,000,000.00) for technology

enhancement projects for elementary

and secondary education programs .......$ 16,308,053.00

Tech Prep Bond Service..................$ 3,216,675.00

Implementing Performance Based Data

Collection and Accreditation Model .....$ 274,937.00

Administrator Training..................$ 120,675.00

Adequate Education Program..............$ 9,378,126.00

World Class Teacher Program.............$ 125,000.00

Mississippi School Boards

Continuing Training ....................$ 47,041.00

School Board Training ..................$ 58,697.00

Education Technology Council ...........$ 94,082.00

TOTAL .............................$ 110,392,195.00

No school district shall expend any funds, received under the School Ad Valorem Reduction Grant, unless such school district has specifically identified the amount of said grant within the published budget as required by Section 37-61-9, Mississippi Code of 1972. The published budget shall include the following statement: "Ad Valorem taxes will be $________ less as a result of the Ad Valorem Reduction Grants enacted by the Mississippi Legislature in 1992."

SECTION 6. Of the funds appropriated in Section 2, One Million Four Hundred Thousand Dollars ($1,400,000.00) shall be derived from the Technology in Classroom Fund 3203.

SECTION 7. Of the funds appropriated under the provisions of Section 2, funds in the amount of One Million Five Hundred Eighty-five Thousand Six Hundred Fifty-three Dollars ($1,585,653.00) shall come from income derived from the principal of the Education Improvement Trust Fund created by Section 206A, Mississippi Constitution of 1890, and One Million Five Hundred Eighty-five Thousand Six Hundred Fifty-three Dollars ($1,585,653.00) shall be used for the School for Math and Science.

SECTION 8. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided in Sections 1 and 2 shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY02

Performance Measures Target

Special Education

Approved Funding for Children (Persons) 907

Teacher Units Approved for Funding (Units) 4,190

Child Nutrition

Number of Meals Required (Millions) 129

Cost per Meal (Dollars) 2.19

Special Projects

Building Projects Approved (Projects) 100

Project Approval Rate (Percent) 90

MS School For Math & Science

Students Enrolled (Persons) 270

Cost per Student (Dollars) 14,590

Educational Accountability

Performance Accreditation Visits (Visits) 30

Tests Administered (Persons) 453,341

Compliance & Performance Reviews (Actions) 70

Educ Training & Development

Administrators Trained (Persons) 1,200

Administrators Trained (Percent) 35

Technical Assistance to School Districts (Percent) 90

Compensatory Education

Title I Projects Awarded (Programs) 152

Review and Approve Delinquent Programs (Programs) 4

Average Expenditure per Child (Dollars) 612

Community & Outreach Services

Requested Available Federal Funding (%) 100

MAEP Interim Capital Expenditure Fund

Building Projects Begun (Number) 73

MS School Attendance Officers

Resolutions to Referrals (Percent) 0.85

School Visits (Number) 50,000

MS Teacher Center

Teachers Recruited in Shortage Areas (Number) 450

A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2003.

SECTION 9. In addition to any other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of Education for the fiscal year beginning July 1, 2001, and ending June 30, 2002

$ 68,103,090.00.

SECTION 10. In addition to any other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Vocational and Technical Education Division of the State Department of Education which is comprised of special source funds collected by or otherwise available to the division, for the purpose of defraying the expenses of the division for the fiscal year beginning July 1, 2001 and ending June 30, 2002 $ 23,648,692.00.

SECTION 11. Of the funds appropriated under the provisions of Sections 9 and 10, the following positions are authorized:

AUTHORIZED POSITIONS:

Permanent: Full Time 64

Part Time 0

Time-Limited: Full Time 0

Part Time 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2003 do not exceed Fiscal Year 2002 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2003 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2002 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2002 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

SECTION 12. Of the funds appropriated under the provisions of Sections 9 and 10, an amount not to exceed Two Hundred Twenty-nine Thousand Six Hundred Eighty-four Dollars ($229,684.00) is authorized for the support of Vocational and Technical Education Programs as authorized in Section 37-31-13, Mississippi Code of 1972, for a period in excess of ten (10) months in a calendar year.

SECTION 13. Of the funds appropriated under the provisions of Section 11, Seven Million Eight Hundred Sixty-three Thousand Seven Hundred Forty-six Dollars ($7,863,746.00) shall be derived from the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972.

SECTION 14. It is the intention of the Legislature that the Vocational and Technical Education Division of the State Department of Education shall, with the funds appropriated in Section 9, transfer no more than One Hundred Thousand Dollars ($100,000.00) to the Mississippi Soil and Water Conservation Commission for the purpose of providing matching funds to purchase soil conservation equipment.

SECTION 15. Of the funds appropriated in Sections 9 and 10, no more than One Hundred Thousand Dollars ($100,000.00) is provided for the purpose of supporting the Future Farmers of America Center.

SECTION 16. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY02

Performance Measures Target

Vocational - Secondary Programs

Increase in students served (Percent) 0

LEAs served (Sites) 152

Vocational - Post Secondary Programs

Short-term students served (Persons) 4,000

Short-term Adult Prog Classes (Classes) 450

Short-term cost per student (Dollars) 70

A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2003.

SECTION 17. In addition to any other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the State Department of Education, for the purpose of providing funding for the Mississippi School District Uniform Millage Assistance Grant Program, the Second Level Funding Program and the Emergency Fund Loss Assistance Program for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 21,400,000.00.

SECTION 18. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, not otherwise appropriated, to the State Department of Education, for the purpose of providing funding for the Uniform Millage Assistance Grant Program, the Second Level Funding Program and the Emergency Loss Assistance Program for the fiscal year beginning July 1, 2001, and ending June 30, 2002 $ 16,132,278.00.

SECTION 19. With respect to agency programs whose operation is dependent on the receipt of federal funds, it is the intent of the Legislature, except as hereinafter provided, that no funds from the State General Fund be expended to administer, support or in any way continue such programs should federal funds for their operation be reduced or become unavailable and that no funds from the State General Fund available for expenditure under this act shall be used to replace federal funds in any major object of expenditure.

SECTION 20. It is the intention of the Legislature that the State Department of Education and Vocational and Technical Education Division shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2001. The Department of Finance and Administration shall insure that financial controls comparable to those utilized for Fiscal Year 2001 are maintained throughout Fiscal Year 2002 for this agency. The State Personnel Board shall insure that personnel controls and records comparable to those utilized for Fiscal Year 2001 are maintained throughout Fiscal Year 2002 for this agency. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2003 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2002 budget request process.

SECTION 21. Should revenues generated and deposited to the Education Enhancement Fund pursuant to Section 27-103-203 (1), Mississippi Code of 1972, and apportioned pursuant to Section 37-61-33 (6), Mississippi Code of 1972, fall below funds appropriated herein from said source, the State Department of Education shall notify the Department of Finance and Administration as to which allotments shall be reduced to insure expenditures do not exceed actual revenues.

SECTION 22. Of the funds provided in Section 1 for the purpose of providing financial assistance for the education of exceptional children as determined under Section 37-23-63, Mississippi Code of 1972, children who are certified by the designated authority as requiring inpatient care in a private intermediate care facility for the mentally retarded or psychiatric residential treatment facility, with Medicaid reimbursement, shall be eligible and entitled to receive state financial assistance under the provisions of Section 37-23-69, in an amount not to exceed Five Thousand Dollars ($5,000.00) from state funds, per child per school year, if an approved private school is operated as an integral part of the facility which provides twenty-four (24) hours a day monitoring, treatment and education, except that the State Department of Education is authorized to pilot a fee-for-service based cost system for children served through Millcreek Schools, Inc.

SECTION 23. Of the funds appropriated under the provisions of Sections 1 and 2, the amount of One Hundred Sixteen Million Seventeen Thousand Three Hundred Twenty-one Dollars

($116,017,321.00) shall be derived from the Interim School District Capital Expenditure Fund for the benefit of the school districts as authorized in Senate Bill No. 2649, 1997 Regular Session.

SECTION 24. Of the funds provided in Section 1, Five Hundred Seventy-nine Thousand Four Hundred Sixty-four Dollars ($579,464.00) shall be used to provide for a Director of School Nurses in the State Department of Education and the implementation of three (3) pilot projects for a variety of school health programs in an elementary school setting. Evaluations shall be developed to determine the program's effect to drop-out rates, suspensions, expulsions, attendance and test scores.

Income generated by the school-based clinics shall remain available for expenditure by the programs utilizing any special fund authority provided in Section 2 for use by the State Department of Education and the pilots shall remain the same as in Fiscal Year 2001.

SECTION 25. It is the intention of the Legislature that the State Department of Education shall have the authority to accept, budget and expend any source funds not to exceed Thirty Million Dollars ($30,000,000.00), that become available to the department to carry out the provisions of those funds in a manner consistent with the rules and regulations of the Department of Finance and Administration.

SECTION 26. The State Department of Education shall transfer the designated amounts to the appropriate entities, which shall assume full responsibility for the expenditure of these funds in accordance with state laws and accept all responsibility for any improper expenditure. For the following: National Guard Youth Challenge Program, World Class Teacher Programs, USM Special Education Program, Soil and Water Conservation Commission, Mississippi School Boards Association, Mississippi Eye Screening Program and Very Special Arts, Arts Institute, Jackson State University Media Center, Jobs for Mississippi Graduates, and Mississippi Symphony.

SECTION 27. Of the funds appropriated in Section 2, it is the intention of the Legislature that Eighteen Million Dollars ($18,000,000.00) from the Public School Building Fund shall be used for the Mississippi Adequate Education Program.

SECTION 28. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

SECTION 29. This act shall take effect and be in force from and after July 1, 2001.