MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Appropriations
By: Representative Brown, Broomfield, Dickson, Hudson, Markham, Peranich, Straughter, Warren, Weathersby
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF FUNDING K-12 AND OTHER RELATED EDUCATIONAL ACTIVITIES, INCLUDING CERTAIN AGENCIES AND PROGRAMS, IN THE STATE OF MISSISSIPPI, FOR THE FISCAL YEAR 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sums, or so much thereof as may be necessary, are hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of funding K-12 and other related educational activities, including certain agencies and programs, in the State of Mississippi, for the fiscal year beginning July 1, 2006, and ending June 30, 2007, as follows:
(a) To the State Board of Education for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division$ 88,220,943.00.
(b) To the State Board of Education for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of Education......................................................
........................................... $ 70,112,006.00.
(c) To the State Board of Education for the purpose of paying annual compensation to the Chickasaw Cession counties for sixteenth section lands which they lost through sale by the state, as provided in Section 29-3-137 through 29-3-141, Mississippi Code of 1972................... $ 11,076,826.00.
(d) To the State Board of Education for defraying the expenses of the Mississippi Adequate Education Program.........................
........................................... $ 1,807,240,634.00.
(e) To the State Board of Education for the purpose of defraying the expenses of the Mississippi School for the Blind and the Mississippi School for the Deaf....................................... $ 11,782,696.00.
TOTAL AMOUNT OF STATE GENERAL FUNDS APPROPRIATED
BY THIS SECTION BEING.................. $ 1,988,433,105.00.
SECTION 2. The following sums, or so much thereof as may be necessary, are hereby appropriated out of any money in any special fund in the State Treasury to the credit of the proper fund or funds of the agencies or programs specified in the following paragraphs for the fiscal year beginning July 1, 2006, and ending June 30, 2007, as follows:
(a) To the State Board of Education for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division$ 671,576,870.00.
(b) To the State Board of Education for the purpose of defraying the expenses of the Vocational and Technical Education Division of the State Department of Education......................................................
........................................... $ 23,927,180.00.
(c) To the State Board of Education for the purpose of defraying the expenses of the Mississippi Adequate Education Program$ 251,625,653.00.
(d) To the State Board of Education for the purpose of defraying the expenses of the Mississippi School for the Blind and the Mississippi School for the Deaf....................................... $ 761,504.00.
TOTAL AMOUNT OF SPECIAL FUNDS APPROPRIATED
BY THIS SECTION BEING.................. $ 947,891,207.00.
SECTION 3. Of the funds appropriated under the provisions of Section 2 to the State Board of Education, One Hundred Seventy-Four Thousand One Hundred Ninety-six Dollars ($174,196.00), or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Health Care Expendable Fund to the State Department of Education for the purpose of defraying the expenses of the department for the Mississippi Eye Screening Program for providing vision safety services.
SECTION 4. Of the funds appropriated under the provisions of Section 2 to the State Board of Education, the following sums, or so much thereof as may be necessary, are derived out of any money in the State Treasury to the credit of the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, as follows:
(a) To the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division, for the following purposes:
Grants to school districts for capital
facilities and buses..........$ 16,000,000.00.
Instructional materials............$ 6,194,875.00.
Tech prep bond service.............$ 3,212,725.00.
Implementing Performance Based Data
Collection and Accreditation
Model.........................$ 274,937.00.
World Class Teacher Program........$ 125,000.00.
Testing............................$ 226,413.00.
Education Technology Council.......$ 94,082.00.
TOTAL..............................$ 26,128,032.00.
(b) To the State Department of Education to defray the expenses of the Vocational and Technical Education Division....................
............................................... $ 7,863,746.00.
(c) To the State Department of Education to provide funding for the Mississippi Adequate Education Program.........................
............................................... $181,625,653.00.
SECTION 5. Of the funds appropriated under the provisions of this act to the State Board of Education, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure for the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division:
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 27,918,758.00
Travel and Subsistence.............. 2,575,761.00
Contractual Services..................... 37,997,752.00
Commodities.............................. 7,254,199.00
Capital Outlay:
Other Than Equipment................ 1,419,500.00
Equipment........................... 2,629,709.00
Subsidies, Loans and Grants.............. 680,002,134.00
Total.............................. $ 759,797,813.00
FUNDING:
General Funds........................... $ 88,220,943.00
Special Funds............................ 671,576,870.00
Total.............................. $ 759,797,813.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 454
Part Time........... 3
Time-Limited:Full Time........... 69
Part Time............ 0
SECTION 7. 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 the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2007
Performance Measures Target
Special Education
Approved Funding for Children ($ in millions) 87.89
Teacher Units Approved for Funding (Units) 4,672
Child Nutrition
Number of Meals Required (Millions) 121
Cost per Meal ($) 2.28
MS School For Math & Science
Students Enrolled (Persons) 270
Cost per Student ($) 15,717.00
Educational Accountability
Performance Accreditation Visits (Visits) 30
Tests Administered (Persons) 738,491
Compliance & Performance Reviews (Actions) 25
Educ Training & Development
Administrators Trained (Persons) 1,000
Administrators Trained (%) 35
Technical Assistance to School Districts (%) 92
Compensatory Education
Title I Projects Awarded (Programs) 152
Average Expenditure per Child ($) 612
Review & Approve Delinquent Prgs (Programs) 6
Community & Outreach Services
Requested Available Federal Funding (%) 100
MS School Attendance Officers
Resolutions to Referrals (%) 90
School Visits (Number of) 25,000
MS Teacher Center
Teachers Recruited in Shortage Areas (Number) 1,800
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 2008.
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 herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the Mississippi Adequate Education Program. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2007
Performance Measures Target
Basic Program
Percentage of students scoring basic and
above on the MS Curriculum Test in grades 2-8
in reading, language and math (%) 93.7
Percentage of students achieving the passing
score on the History Test (%) 96.6
Percentage of students achieving the passing
score on the Biology test (%) 94.8
Percentage of students achieving the passing
score on the Algebra test (%) 94.6
Provide 100% Funding of the Base Student Cost 100
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 2008.
SECTION 9. 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.
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 10. Of the funds appropriated in Section 2 to the State Board of Education, Two Million One Hundred Thousand Dollars ($2,100,000.00) shall be derived from the Technology in Classroom Fund 3203 for the purpose of defraying the expenses of the State Department of Education, and excluding the expenses of the Vocational and Technical Education Division.
SECTION 11. Of the funds appropriated under the provisions of Section 2 to the State Board of Education, funds in the amount of One Million Dollars ($1,000,000.00) 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 Dollars ($1,000,000.00) shall be used for the School for Math and Science.
SECTION 12. With the funds appropriated under the provisions of this act to the State Board of Education, the following positions are authorized for the Vocational and Technical Education Division of the State Department of Education:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 59
Part Time........... 0
Time-Limited:Full Time........... 3
Part Time........... 0
SECTION 13. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the Vocational and Technical Education Division of the State Department of Education. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2007
Performance Measures Target
Secondary Programs
Increase in Students Served (%) 1.00
LEAs Served (Sites) 144
Post-secondary Programs
Short-Term Students Served (Persons) 2,800
Short-Term Adult Program Classes (Classes) 225
Short-Term Cost per Student ($) 45.00
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 2008.
SECTION 14. Of the funds appropriated under the provisions of this act to the State Board of Education, 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 15. 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 1 to the State Board of Education, 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 16. Of the funds appropriated in this act to the State Board of Education, no more than One Hundred Thousand Dollars ($100,000.00) is provided for the purpose of supporting the Future Farmers of America Center.
SECTION 17. Of the funds provided in Section 1 to the State Board of Education 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 18. Of the funds provided in Section 1 to the State Board of Education, Two Hundred Twenty-four Thousand Four Hundred Ninety-five Dollars ($224,495.00) 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 2006.
SECTION 19. 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 20. 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: World Class Teacher Programs, USM Special Education Program, Soil and Water Conservation Commission, Mississippi School Boards Association, Mississippi Eye Screening Program-Vision Research Corporation and Very Special Arts, Arts Institute, Jobs for Mississippi Graduates, and Mississippi Symphony, University of Southern Mississippi Safe Schools Program, Mississippi State University Center for Education Design, Writing and Thinking Institute and Greater Columbus Early Learning Center.
SECTION 21. Of the funds appropriated in Section 1 to the State Board of Education, the amounts of Two Hundred Thirty-five Thousand Dollars ($235,000.00) is provided for the Writing and Thinking Institute and Seventy Thousand Dollars ($70,000.00) is provided for the Very Special Arts Program.
SECTION 22. Of the funds appropriated in this act to the State Board of Education, an amount not to exceed One Million Three Hundred Thousand Dollars ($1,300,000.00) shall be used for technological methods for agricultural programs from the Vocational and Technical Education Division of the State Department of Education.
SECTION 23. Of the funds appropriated under Section 1 to the State Board of Education, the sum of Sixty-two Thousand One Hundred Ninety-one Dollars ($62,191.00), which is the aggregate sum that the school districts in the Chickasaw Cession receive annually from interest payments from the Chickasaw School Fund under Section 212, Mississippi Constitution of 1890, shall be deducted from the allocations to the school districts as provided in Section 29-3-137, Mississippi Code of 1972, and shall be distributed among the school districts in the Chickasaw Cession by the State Department of Education in the manner that such interest payments were distributed during Fiscal Year 1985.
SECTION 24. Of the funds provided in this act to the State Board of Education for the purpose of funding the Mississippi Adequate Education Program as determined under Section 37-151-7, Mississippi Code of 1972, the base student cost in Fiscal Year 2007 shall be Four Thousand Three Hundred Sixty-seven Dollars ($4,367.00).
SECTION 25. Of the funds appropriated in this act to the State Board of Education, an amount not more than Fifty Million Dollars ($50,000,000.00) shall be derived from the Interim School District Capital Expenditure Fund for the benefit of the school districts as authorized in Mississippi Code Annotated, Section 37-151-7 (5).
SECTION 26. Of the funds appropriated in this act to the State Board of Education, it is the intention of the Legislature that Twenty Million Dollars ($20,000,000.00) from the Public School Building Fund shall be used for the Mississippi Adequate Education Program.
SECTION 27. With the funds appropriated under the provisions of this act to the State Board of Education, the following positions are authorized for the Mississippi School for the Blind and the Mississippi School for the Deaf:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 194
Part Time........... 30
Time-Limited:Full Time........... 1
Part Time........... 0
None of the funds provided in this act to the State Board of Education shall be expended to hire any person on a contractual basis, for any period for any purpose, without the express prior approval of the State Personnel Director. The State Personnel Director shall consider, in approving such contracts, the availability of funds, the need for services, compliance with the State Compensation Plan and the qualifications of the persons offering to perform the services. The State Fiscal Officer shall not pay any warrant that is in violation of this section.
SECTION 28. With the funds provided in this act to the State Board of Education, it is the intention of the Legislature that the academic teachers at the Mississippi School for the Deaf and the Mississippi School for the Blind shall receive their annual increment.
SECTION 29. It is the intention of the Legislature that no State General Funds authorized to be expended in this act 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.
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.
With the funds herein appropriated to the State Board of Education, 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 2008 do not exceed Fiscal Year 2007 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2008 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 2007 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2007 "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 or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
SECTION 30. It is the intention of the Legislature that the State Board of Education shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under the provisions of this act and that such records shall be in the same format and level of details as maintained for Fiscal Year 2006. It is further the intention of the Legislature that the budget requests for Fiscal Year 2008 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 2007 budget request process for each agency and institution appropriated funds within the provisions of this act.
SECTION 31. Of the funds appropriated in Section 1 to the State Board of Education, not less than Twenty-four Million Eight Hundred Ninety-seven Thousand Forty-eight Dollars ($24,897,048.00) shall be used for National Board Certification.
SECTION 32. Of the funds appropriated in Section 1 to the State Board of Education, not less than Eleven Million Sixty-five Thousand Dollars ($11,065,000.00) shall be used for the Educable Child Program.
SECTION 33. It is the intention of the Legislature that at least Twenty-one Million Dollars ($21,000,000.00) be expended for textbooks as defined in Section 37-43-1, Mississippi Code of 1972. The State Department of Education shall report to the Legislature the amount of expenditures for each school district no later than October 31, 2007.
SECTION 34. The public school districts of the state are authorized at their discretion to pay with local funds one hundred percent (100%) of the cost of the health insurance premiums of the State and School Employees Health Insurance Plan for all retired members of the Public Employees' Retirement System who are employed as school bus drivers by the school districts. It is the intention of the Legislature that no state funds shall be used for this purpose.
SECTION 35. Of the funds appropriated for Fiscal Year 2007 for the Educable Child Program, the Mississippi Department of Education is authorized to pay the remaining balance up to One Million Six Hundred Sixty-five Thousand Dollars ($1,665,000.00) for fiscal year 2006 claims.
SECTION 36. Of the funds appropriated for Orthopedic and Aphasic, Two Hundred Thousand Dollars ($200,000.00) shall be for the Dubard School at the University of Southern Mississippi.
SECTION 37. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 38. It is the intention of the Legislature that in any year that the Mississippi Adequate Education Program is not fully funded, the State Department of Education shall prorate the underfunded amount to local school districts for that year.
SECTION 39. Of the funds appropriated in Section 1 to the State Board of Education, not less than Six Million Five Hundred Fifty-five Thousand One Hundred Fifty-three Dollars ($6,555,153.00) shall be used for the Compulsory School Attendance Office and School Attendance Officers.
SECTION 40. Of the funds appropriated in the act for the Mississippi Adequate Education Program, funds up to Three Million Three Hundred Ninety-nine Thousand Nine Hundred Ninety-nine Dollars ($3,399,999.00) are provided to be set aside as a mechanism to hold harmless those local districts that lose funding in the phase-in implementation period.
SECTION 41. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the Education Enhancement Fund not otherwise appropriated, to the State Board of Education for defraying the cost of the Mississippi Adequate Education Program as authorized in House Bill No. 64, Second Extraordinary Session of 2005, for the fiscal year beginning July 1, 2006, and ending June 30, 2007..................
........................................... $ 10,000,000.00.
SECTION 42. The money herein appropriated shall be paid by the State Treasurer out of any money in 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 43. This act shall take effect and be in force from and after July 1, 2006.