House Bill 1405

AN ACT TO AMEND SECTIONS 37-140-1 THROUGH 37-140-15, MISSISSIPPI CODE OF 1972, TO TRANSFER THE RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION RELATING TO THE ADMINISTRATION OF THE MISSISSIPPI SCHOOL OF THE ARTS TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING ACTING THROUGH THE UNIVERSITY OF SOUTHERN MISSISSIPPI; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-140-1, Mississippi Code of 1972, is amended as follows:

37-140-1. As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Board" means the Board of Trustees of State Institutions of Higher Learning acting through the University of Southern Mississippi.

(b) "School" means the Mississippi School of the Arts.

SECTION 2. Section 37-140-3, Mississippi Code of 1972, is amended as follows:

37-140-3. (1) There is created the Mississippi School of the Arts, which shall be a residential school for eleventh and twelfth grade high school students located on the campus of Whitworth College in Brookhaven, Mississippi. The purpose of the school shall be to provide a more challenging educational experience for artistically talented and gifted students of the state to develop their full potential, including the teaching of humanities, creative writing, literature, theater, music, dance and visual arts, and the school's curriculum and admissions policies shall reflect that purpose.

(2) The 2001-2002 school year shall be the first year that the school shall admit students for enrollment, which shall be limited to students in the eleventh grade during the school's first year. Beginning with the 2002-2003 school year, the school shall enroll students in the eleventh and twelfth grades.

(3) From and after July 1, 2005, all powers and duties granted hereunder to the State Board of Education for the administration of the Mississippi School of the Arts shall be transferred to the Board of Trustees of State Institutions of Higher Learning. The board shall contract with the University of Southern Mississippi for the administration of the Mississippi School of the Arts.

SECTION 3. Section 37-140-5, Mississippi Code of 1972, is amended as follows:

37-140-5. (1) The school shall be governed by the Board of Trustees of State Institutions of Higher Learning acting through the University of Southern Mississippi. The board shall develop a plan relating to the opening, operation and funding of the school to be presented to the Legislature during the 2000 Regular Session. The plan shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.

(2) The President of the University of Southern Mississippi shall appoint an advisory panel to assist the board in developing the plan relating to the school. The advisory panel shall consist of the following twelve (12) appointed or designated members, and may consist of the same members appointed by the State Superintendent of Education prior to passage of this Senate Bill No. 1405, Regular Session 2005:

(a) Three (3) licensed school teachers or administrators, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;

(b) Three (3) citizens or professionals representing the areas of dance, creative writing, literature, music, theater arts or visual arts, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;

(c) Three (3) citizens knowledgeable in business, personnel management or public administration, with at least three (3) years' actual experience therein, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts.

(d) One (1) member shall be a representative of the Mississippi Arts Commission to be designated by the commission, one (1) member shall be a representative of the Mississippi Humanities Council to be designated by the council, and one (1) member shall be a representative of the state institutions of higher learning in Mississippi which offer degrees in visual, fine and performing arts, to be designated by the Board of Trustees of State Institutions of Higher Learning.

Appointments to the advisory panel by the President of the University of Southern Mississippi shall be made within ninety (90) days of passage of this act. The advisory panel shall meet upon the call of the President of the University of Southern Mississippi and shall organize for business by selecting a chairman and vice chairman/secretary for keeping records of the panel. Members of the advisory panel shall receive no compensation but may be reimbursed for necessary expenses and mileage for attending meetings and necessary business of the panel, in the amount authorized for state employees under Section 25-3-41.

(3) The board may utilize the staff of the Board of Trustees of State Institutions of Higher Learning, the staff of the State Department of Education and other state agencies as may be required for the implementation of this chapter. The board may employ any personnel deemed necessary by the board for assisting in the development and implementation of the plan relating to the opening, operation and funding of the school. The board also may contract or enter into agreements with other agencies or private entities which it deems necessary to carry out its duties and functions relating to the opening and operation of the school.

(4) To the extent possible, the board shall enter into agreements with the Board of Trustees of the Brookhaven Municipal Separate School District for the dual enrollment of students for the purpose of teaching academic courses to students attending the school, and the local school board shall be fully authorized to offer any such courses to students attending the school. The Board of Trustees of State Institutions of Higher Learning acting through the University of Southern Mississippi may develop and issue necessary regulations for the coordination of such courses for these students, the preparation and transfer of transcripts, and the reimbursement of any costs incurred by the school district for providing such services.

(5) The board may enter into agreements with public school districts to authorize students enrolled in such school districts to participate in the fine arts programs at the school to the extent that adequate space is available. The parent or guardian of any student participating in fine arts programs at the school under this subsection shall be responsible for transporting the student to and from the school.

SECTION 4. Section 37-140-7, Mississippi Code of 1972, is amended as follows:

37-140-7. Subject to the availability of funding appropriated therefor, the President of the University of Southern Mississippi, with the approval of the Board of Trustees of State Institutions of Higher Learning, may hire a director of the school, who shall serve at the will and pleasure of the Board of Trustees of State Institutions of Higher Learning acting through the University of Southern Mississippi. The director shall be the chief administrative officer of the school and shall administer the school in accordance with the policies established by the board. The director shall be responsible for those administrative duties and functions prescribed by the board, and the board, in its discretion, may delegate to the director such powers and duties as it deems appropriate.

SECTION 5. Section 37-140-9, Mississippi Code of 1972, is amended as follows:

37-140-9. The Board of Trustees of State Institutions of Higher Learning acting through the University of Southern Mississippi shall be the exclusive governing body of the school and shall promulgate rules and regulations required for the administration and operation of the school. The emphasis of the school shall be on the education and training of students in the performing, visual and literary arts and in the humanities, but this emphasis shall not preclude the teaching of those liberal arts and science courses, math and science deemed necessary by the board to provide students with a well-rounded education.

SECTION 6. Section 37-140-11, Mississippi Code of 1972, is amended as follows:

37-140-11. The Board of Trustees of State Institutions of Higher Learning acting through the University of Southern Mississippi shall prepare the annual budget for the school. For the operation and support of the school, the board may receive contributions, donations, gifts, bequests of money, other forms of financial assistance and property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations and other sources, public or private, to be expended and utilized by the board in carrying out this chapter.

SECTION 7. Section 37-140-13, Mississippi Code of 1972, is brought forward as follows:

37-140-13. All expenditures for the school shall be paid by the State Treasurer on warrants issued by the State Fiscal Officer, and the State Fiscal Officer shall issue his warrants upon requisition signed by the proper person, officer or officers.

SECTION 8. Section 37-140-15, Mississippi Code of 1972, is amended as follows:

37-140-15. (1) The Board of Trustees of State Institutions of Higher Learning acting through the University of Southern Mississippi may enter into agreements with the Mississippi Symphony Orchestra for providing classical music educational services to students in Grades Kindergarten through 12 at the Mississippi School of the Arts or at any other public school facility in Mississippi, subject to specific appropriation therefor by the Legislature. Such educational services shall include: (a) music history, music instrument and music performance instruction in the classroom; (b) symphony concerts for the students, programmed to support and enhance the teaching of history, literature and science; (c) chamber ensemble and chamber orchestra performances where members serve as educators as well as performers; (d) organizing and developing student performing ensembles, where members serve as music instrument instructors, conductors and performers; (e) symphony concerts for students, parents and other residents to enhance the position of the school as center of the local community; and (f) other services to be determined by agreement.

(2) The Board of Trustees of State Institutions of Higher Learning acting through the University of Southern Mississippi is encouraged to enter into contractual agreements with professional arts organizations, including the Mississippi Museum of Art, New Stage Theatre and the Mississippi Symphony Orchestra, for providing instruction, concerts, exhibits, performances and other outreach programs at the Mississippi School of the Arts or at any other public school facility in Mississippi.

SECTION 9. This act shall take effect and be in force from and after July 1, 2005.