Senate Bill 2627

(As Passed the Senate)

AN ACT TO AMEND SECTION 37-3-11, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO PROVIDE AN ANNUAL REPORT OF TEACHER VACANCIES BY INSTRUCTIONAL AREA TO THE STATE SUPERINTENDENT OF EDUCATION FOR SUBMISSION TO THE LEGISLATURE; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE AN ANNUAL REPORT OF SCHOOL-RELATED FUND-RAISING ACTIVITIES BY STUDENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-3-11, Mississippi Code of 1972, is amended as follows:

37-3-11. (1) Until July 1, 1984, the State Superintendent of Public Education shall have the power and it shall be his duty:

(a) To supervise in the manner provided by law the public free schools, agricultural high schools and junior colleges of the state and to prescribe such rules and regulations for the efficient organization and conduct of same, as he may deem necessary.

(b) To preside over all meetings of the State Board of Education.

(d) To have bound and preserved in his office, as the property of the state, all such school documents from other states and governments, books and pamphlets on educational subjects, school books, apparatus, maps, charts and the like, as shall be or have been purchased or donated for the use of his office.

(e) To keep a complete record of all his official acts and the acts of the State Board of Education.

(f) To prepare, have printed and furnish all officers charged with the administration of the laws pertaining to the public schools, such blank forms and books as may be necessary to the proper discharge of their duties; all of this printing shall be paid for out of funds provided by the Legislature.

(g) To have printed in pamphlet form the laws pertaining to the public schools and publish therein forms for conducting school business, the rules and regulations for the government of schools that he or the board of education may recommend, and such other matters as may be deemed worthy of public interest pertaining to the public schools; all of this printing shall be paid for out of funds provided by the Legislature.

(h) To meet the county superintendents annually at such time and place as he shall appoint for the purpose of accumulating facts relative to schools, to review the educational progress made in the various sections of the state, to compare views, discuss problems, hear discussions and suggestions relative to examinations and qualifications of teachers, methods of instruction, textbooks, summer schools for teachers, visitation of schools, consolidation of schools, health work in the schools, vocational education and other matters pertaining to the public school system.

(i) To advise the county superintendents upon all matters involving the welfare of the schools, and at the request of any county superintendent to give his opinion upon a written statement of facts on all questions and controversies arising out of the interpretation and construction of the school laws, in regard to rights, powers and duties of school officers and county superintendents, and to keep a record of all such decisions. Before giving any opinion, the superintendent may submit the statement of facts to the Attorney General for his advice thereon, and it shall be the duty of the Attorney General forthwith to examine such statement, and suggest the proper decision to be made upon such facts.

(j) To require annually, and as often as he may deem proper, of county superintendents, detailed reports on the educational business of the various counties.

(k) To make reports concerning agricultural high schools and serve on various committees and boards as provided by law.

(l) On or before January 10 in each year in which the Legislature meets in regular session, to prepare, and have printed a report to the Legislature showing:

(i) The receipts and disbursements of all school funds officially handled by him;

(ii) The number of school districts, school teachers employed, and pupils taught therein, and the attendance of pupils;

(iii) County and district levies for common schools, high schools, agricultural high schools, consolidated schools and junior colleges;

(iv) The conditions of vocational education in the State of Mississippi, a list of schools to which federal and state aid has been given, and a detailed statement of the expenditures of federal funds and the state funds that may be provided;

(v) Such general matters, information and recommendations as relate, in his opinion, to the educational interests of the state;

(vi) A report of all school district teacher vacancies, including the instructional area of such teacher vacancies, for the previous school year. Failure to report such vacancies may result in the withholding of state funds as provided in Section 37-151-95; and

(vii) A report of all school district or parent-teacher-association/related fund-raising activities that offer incentives, prizes or awards to students based upon the amount of money that such student raises. This report shall include 1. the nature of such fund-raising activities, 2. the amount of money raised by such fund-raising activities for the reporting period, 3. the purposes for which the money was raised and an accounting of the expenditure of such funds, and 4. an estimate of the amount of instructional time taken by students, teachers, school administrators and parents in participating in such fund-raising activities. Failure to report such fund-raising activities may result in the withholding of state funds as provided in Section 37-151-95. This reporting requirement shall not apply to fund-raising activities authorized for the school activity fund such as the sale of school pictures, the rental of caps and gowns, the sale of school jewelry, or the sale of tickets to school banquets or events.

(m) To determine the number of educable children in the several school districts of the state under rules and regulations to be prescribed by the State Board of Education.

(n) To perform such other duties in the administration of the public schools as may be required by law.

(2) From and after July 1, 1984, the State Superintendent of Public Education shall perform the duties assigned to him by the State Board of Education, and he shall have the following duties:

(a) To serve as secretary for the State Board of Education;

(b) To be the Chief Administrative Officer of the State Department of Education;

(c) To recommend to the State Board of Education for its consideration rules and regulations for the supervision of the public free schools and agricultural high schools of the state and for the efficient organization and conduct of the same;

(d) To collect data and make it available to the State Board for determining the proper distribution of the state common school funds;

(e) To keep a complete record of all official acts of the state superintendent and the acts of the State Board of Education;

(f) To prepare, have printed and furnish all officers charged with the administration of the laws pertaining to the public schools, such blank forms and books as may be necessary to the proper discharge of their duties, said printing to be paid for out of funds provided by the Legislature;

(g) To have printed in pamphlet form the laws pertaining to the public schools and publish therein forms for conducting school business, the rules and regulations for the government of schools that the State Superintendent or the Board of Education may recommend, and such other matters as may be deemed worthy of public interest pertaining to the public schools, said printing to be paid for out of funds provided by the Legislature;

(h) To meet all superintendents annually at such time and place as the State Superintendent shall appoint for the purpose of accumulating facts relative to schools, to review the educational progress made in the various sections of the state, to compare views, discuss problems, hear discussions and suggestions relative to examinations and qualifications of teachers, methods of instruction, textbooks, summer schools for teachers, visitation of schools, consolidation of schools, health work in the schools, vocational education and other matters pertaining to the public school system;

(i) To advise all superintendents upon all matters involving the welfare of the schools, and at the request of any superintendent to give an opinion upon a written statement of facts on all questions and controversies arising out of the interpretation and construction of the school laws, in regard to rights, powers and duties of school officers and superintendents, and to keep a record of all such decisions. Before giving any opinion, the superintendent may submit the statement of facts to the Attorney General, and it shall be the duty of the Attorney General forthwith to examine such statement and suggest the proper decision to be made upon such fact;

(j) To require annually, and as often as the State Superintendent may deem proper, of all superintendents, detailed reports on the educational business of the various districts;

(k) On or before January 10 in each year to prepare under the direction of the State Board of Education and have printed the annual report of the board to the Legislature showing:

(i) The receipts and disbursements of all school funds handled by the board;

(ii) The number of school districts, school teachers employed, school administrators employed, pupils taught and the attendance record of pupils therein;

(iii) County and district levies for each school district and agricultural high school;

(iv) The condition of vocational education, a list of schools to which federal and state aid has been given, and a detailed statement of the expenditures of federal funds and the state funds that may be provided, and the ranking of subjects taught as compared with the state's needs;

(v) Such general matters, information and recommendations as relate, in the board's opinion, to the educational interests of the state;

(l) To determine the number of educable children in the several school districts under rules and regulations prescribed by the State Board of Education;

(m) To perform such other duties as may be prescribed by the State Board of Education.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.