MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Education; Environment Prot, Cons and Water Res
By: Senator(s) Dawkins, Chaney, Harden, Albritton
AN ACT TO PRESCRIBE A PROCESS FOR THE EVALUATION OF A SITE FOR THE CONSTRUCTION OR EXPANSION OF A SCHOOL BUILDING OR FACILITY; TO REQUIRE LOCAL SCHOOL BOARDS TO ESTABLISH A SCHOOL SITING COMMITTEE TO EVALUATE AND MAKE RECOMMENDATIONS REGARDING PROPOSED SITES FOR SCHOOLS; TO PROVIDE THAT THE SCHOOL BOARD SHALL NOT PROCEED TO ACQUIRE OR PREPARE A SITE FOR CONSTRUCTION OR EXPANSION OF ANY SCHOOL UNTIL THE COMPLETION OF REQUIRED ENVIRONMENTAL EVALUATIONS APPROVED BY THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY; TO PROVIDE FOR AN ENVIRONMENTAL ASSESSMENT, A PRELIMINARY ENDANGERMENT ASSESSMENT (PEA) AND A SITE REMEDIATION PLAN AS REQUIRED COMPONENTS OF THE EVALUATION PROCESS; TO REQUIRE PUBLIC NOTICE AND COMMENT; TO AMEND SECTIONS 37-45-23, 37-47-15 AND 37-7-301, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. School Siting Committee. The local board of each school district shall establish a School Siting "Committee" to recommend to the school board sites for building new schools and/or expanding existing schools. The committee shall include at least one (1) representatives from the following constituencies: parents, teachers, school health officials (nurse or health director), community members, local public health professionals, environmental advocacy groups and age appropriate students. The committee will be involved throughout the site selection process up until final approval by the school board. The local school superintendent shall serve as chairman of the committee, and shall call any necessary meeting of the committee and shall organize the committee for business.
SECTION 2. Categorical exclusions for school sites. Under no circumstances shall a school be built on top of or within one thousand (1,000)feet of a hazardous waste disposal site, a garbage dump, or a site where construction and demolition materials were disposed of. To determine whether the proposed school site has been used for these purposes, a series of environmental evaluations shall be undertaken: an initial Environmental Assessment and a more extensive Preliminary Endangerment Assessment (PEA). If either evaluation reveals that the site has been used for these purposes, or if the site is within one thousand (1,000) feet of any property used for these purposes, the site must be abandoned.
SECTION 3. Process for evaluating sites. (1) The school board shall not proceed to acquire the site or prepare the site for construction of any school, including the expansion of an existing school, until the school board completes the required environmental evaluations and the Mississippi Department of Environmental Quality approves the initial Environmental Assessment, any required more extensive Preliminary Endangerment Assessment (PEA), or the Site Remediation Plan submitted by the school board, as more specifically provided in this section.
(2) Environmental Assessment. Once a site is proposed, the school district must hire a licensed environmental assessor to conduct a three-part environmental assessment that is designed to collect information on current and past site uses and to conduct initial environmental sampling at the site. This assessment shall include:
(a) A site history by reviewing public and private records of current and past land uses, historical aerial photographs, environmental databases, federal, state and local regulatory agencies' files; a site visit; and interviews with persons familiar with the site's history.
(b) A small-scalegrid sampling and analysis of soil, soil gases (if any) and groundwater. Air should be sampled if stationary sources of air pollution are near the proposed site, potentially exposing children to higher levels of pollution than found in their own communities. Any surface water should also be sampled.
(c) Identify any environmental hazards within two (2) miles of the site, including industrial sites, chemical storage facilities, facilities found in EPA's Toxic Release Inventory (TRI), waste treatment plants, landfills, military sites, research facilities, and Department of Energy sites.
The Environmental Assessment shall conclude that either (i) no recognized environmental hazards were identified; (ii) the site was previously used for either hazardous or garbage waste disposal, for disposal of construction and demolition materials, or is within one thousand (1,000)feet of any property used for these purposes; or (iii) a more extensive site assessment, a Preliminary Endangerment Assessment (PEA), is necessary. If no environmental hazards were identified at the property then the property is suitable for school site development. If the site was previously used for hazardous or garbage waste disposal, or for disposal of construction and demolition materials, or if it is within one thousand (1,000)feet of any property used for these purposes, the site must be abandoned.
The Mississippi Department of Environmental Quality must review the Environmental Assessment. Depending on the thoroughness of the assessment, the department must either give preliminary approval to the assessment, disapprove the assessment, or request more information from the school board.
When the Environmental Assessment is completed and has received preliminary approval by the Department of Environmental Quality, the school board shall publish a notice in newspapers of general circulation (in the school district) that includes the following information:
(a) A statement that an Environmental Assessment of the site has been completed;
(b) A brief statement describing the results of the Environmental Assessment, such as a list of contaminants found in excess of regulatory standards, prior uses of site that might raise health and safety issues, proximity of site to environmental hazards, waste disposal sites and point sources of air pollution;
(c) A brief summary of the conclusions of the Environmental Assessment;
(d) The location where people can review a copy of the Environmental Assessment or an executive summary of the assessment written in the appropriate foreign language; and
(e) An announcement of a thirty-day public comment period on the Environmental Assessment, including an address where public comments should be sent.
A copy of this notice shall also be posted in a conspicuous place in every school within the school district (in multiple languages if there is a significant number of non-English speaking parents). A copy shall also be delivered to each parent-teacher organization within the school district and each landowner within one thousand (1,000) feet of the proposed site.
The Mississippi Department of Environmental Quality will review the Environmental Assessment and the public comments received on the assessment. The department will either accept or reject the conclusion of the assessment, determining whether the site can be used without further remediation or study, whether the site is categorically excluded for use as a school, or whether further study or remediation of the site through conducting a Preliminary Endangerment Assessment is required. The department shall explain in detail the reasons for accepting or rejecting the assessment.
(3) Preliminary Endangerment Assessment (PEA). After the Mississippi Department of Environmental Quality has approved the Environmental Assessment, the local School Siting Committee must alsoreview the assessment and public comments received. The purpose of this review is for the School Siting Committee to make a recommendation to either abandon the site or continue evaluating the environmental hazards at the site with a Preliminary Endangerment Assessment. A Preliminary Endangerment Assessment shall be required if environmental hazards were identified in the Environmental Assessment or:
(a) If the environmental sampling data collected as part of the Environmental Assessment indicate that contamination levels exceed regulatory safety standards; or
(b) If a proposed school site lies within one thousand (1,000) feetof one (1) of the following potential sources of contamination:
(i) A suspected hazardous, industrial waste, or municipal waste disposal site;
(ii) Refineries, mines, scrap yards, factories, dry cleaning, chemical spills and other contaminants;
(iii) Agricultural land;
(iv) Dust generators such as fertilizer, cement plants or saw mills;
(v) Leaked gasoline or other products from underground storage tanks;
(vi) Concentrated electrical magnetic fields from high intensity power lines and communication towers;
(vii) Areas of high concentrations of vehicular traffic such as freeways, highways, industrial plants and facilities;
(viii) A United States Environmental Protection Agency or state designated Brownfield site;
(ix) A railroad bed;
(x) An industry listed in Environmental Protection Agency Toxic Release Inventory (TRI).
If a Preliminary Endangerment Assessment is required, the School Siting Committee shall recommend to the school board whether to abandon the site or proceed with a Preliminary Endangerment Assessment. Then, the school board shall decide, by order entered upon its minutes, whether to abandon the site or proceed with a Preliminary Endangerment Assessment.
If a Preliminary Endangerment Assessment is to be conducted, the school board shall hire a licensed environmental assessor. The Mississippi Department of Environmental Quality shall oversee the Preliminary Endangerment Assessment process and issue regulations that prescribe the precise contents of the Preliminary Endangerment Assessment. The Preliminary Endangerment Assessment shall also be approved by the Mississippi Department of Environmental Quality. Before any work is done on the Preliminary Endangerment Assessment, the school board must develop a public participation plan that addresses the public participation activities that will be undertaken as part of the Preliminary Endangerment Assessment process. The plan shall indicate what mechanisms the school district will use to provide notice to the public about the use of the site as a school. Activities such as public meetings, workshops or fact-sheets may be appropriate ways to notify the public about the proposed Preliminary Endangerment Assessment investigation activities, including the taking of soil, groundwater and air samples. The Mississippi Department of Environmental Quality must approve the public participation plan before the school board can commence other Preliminary Endangerment Assessment-related activities.
The primary objective of the Preliminary Endangerment Assessment shall be to determine if there has been a release or if there is a potential for a release of a hazardous substance that could pose a health threat to children, staff, or community members. As part of the Preliminary Endangerment Assessment, full-scale grid sampling and analysis of soil, soil gases (if any) and groundwater shall be undertaken to accurately quantify the type and extent of hazardous material contamination present on the site. The Preliminary Endangerment Assessment shall also contain an evaluation of the risks of actual or potential contamination posed to children's health, public health, or the environment based on the contamination found. The evaluation of risks shall include:
(a) A description of health consequences of long-term exposure to any hazardous substances found on site;
(b) A description of all possible pathways of exposure to those substances by children attending school on site; and
(c) The identification of which pathways would more likely result in children being exposed to those substances.
The Preliminary Endangerment Assessment shall conclude that (a) there are no environmental hazards at the site which must be abated through a cleanup plan; or (b) the site was previously used for hazardous or garbage waste disposal, for the disposal of construction and demolition materials,or is within one thousand (1,000)feet of any property used for these purposes, or (c) the site must be cleaned up if the site is to be used for a school. If the site was previously used for hazardous or garbage waste disposal, for the disposal of construction and demolition materials,or is within one thousand (1,000)feet of any property used for these purposes, the site must be abandoned. If the site must be cleaned up, the Preliminary Endangerment Assessment shall identify alternatives for cleaning the site to meet the applicable safety standards. The Mississippi Department of Environmental Quality shall review the Preliminary Endangerment Assessment. Depending on the thoroughness of the assessment, the department shall give preliminary approval to the assessment, disapprove the assessment, or request more information from the school board.
When the Preliminary Endangerment Assessment is completed and has received preliminary approvalby the department, the school board shall publish a notice in newspapers of general circulation in the school district that includes the following information:
(a) A statement that a Preliminary Endangerment Assessment of the site has been completed;
(b) A brief statement describing the results of the Preliminary Endangerment Assessment, such as a list of contaminants found in excess of regulatory standards, prior uses of site that might raise health and safety issues, proximity of site to environmental hazards, including waste disposal sites and point sources of air pollution;
(c) A brief summary of the conclusions of the Preliminary Endangerment Assessment, including a list of alternative cleanup methods;
(d) The location where the public can review a copy of the Preliminary Endangerment Assessment or an executive summary of the Preliminary Endangerment Assessment written in the appropriate foreign language; and
(e) An announcement of a thirty-day public comment period, including an address where public comments should be sent. A copy of this notice shall also be posted in a conspicuous place in every school within the school district (in multiple languages if there is a significant number of non-English speaking parents). A copy shall also be delivered to each parent-teacher organization within the school district, and each landowner within one thousand (1,000) feet of the proposed site.
The Mississippi Department of Environmental Quality shall review the Preliminary Endangerment Assessment and the public comments received on the Preliminary Endangerment Assessment. The department shall either accept or reject the conclusion of the Preliminary Endangerment Assessment, determining whether the site can be used without further remediation or study, whether the site is categorically excluded for use as a school, or whether a Site Remediation Plan is required. The department shall explain in detail the reasons for accepting or rejecting the Preliminary Endangerment Assessment.
(3) Site Remediation Plan. If the Preliminary Endangerment Assessment indicates that the site has a significant hazardous materials contamination problem, the school board shall either abandon the site or fund a cleanup plan that would reduce contaminant levels to the applicable safety standard for each contaminant. The school board shall abandon the site if the site was previously used for hazardous or garbage waste disposal, for disposal of construction and demolition materials,or is within one thousand (1,000)feet of any property used for these purposes.
If the Preliminary Endangerment Assessment approved by the Mississippi Department of Environmental Quality determines that site remediation is necessary, the School Siting Committee shall recommend to the school board whether to abandon the site or proceed with the development of a remediation plan. Then, the school board shall determine, by order entered upon its minutes, whether to abandon the site or proceed with developing a remediation plan.
If the school board chooses to prepare a Site Remediation Plan, the plan must:
(a) Identify alternative methods for cleaning the site to contamination levels that meet the applicable safety standards;
(b) Contain a financial analysis that estimates and compares soil cleanup costs for the identified alternative cleanup methods that will bring the site into compliance with applicable safety standards;
(c) Recommend a cleanup plan from the alternatives identified;
(d) Explain how the recommended cleanup alternative will prevent children from being exposed to the hazardous substances found at the site; and
(e) Evaluate the suitability of the site in light of recommended alternative sites and alternative cleanup plans.
The school board shall submit the Site Remediation Plan to the Mississippi Department of Environmental Quality for approval. Before submitting the plan for approval, a draft remediation plan shall be given to the School Siting Committee for review and comment. Once the remediation plan is submitted to the department for approval, the school board shall publish a notice in newspapers of general circulation in the school district that includes the following information:
(a) A statement that a site remediation plan has been submitted to the Mississippi Department of Environmental Quality for approval;
(b) A brief statement describing the Site Remediation Plan, including a list of contaminants found in excess of regulatory standards and a description of how the plan will reduce the level of contamination to meet those regulatory standards;
(c) The location where people can review a copy of the remediation plan or an executive summary of the remediation plan written in the appropriate foreign language; and
(d) An announcement of a thirty-day public comment period and the address of the Mississippi Department of Environmental Quality where public comments should be sent. A copy of this notice shall also be posted in a conspicuous place in every school within the school district (in multiple languages if there is a significant number of non-English speaking parents). A copy shall also be delivered to each Parent-Teacher Organization within the school district, and each landowner within one thousand (1,000) feet of the proposed site.
At least thirty (30) days after the conclusion of the public comment period, the Mississippi Department of Environmental Quality shall conduct a public hearing on the remediation plan in the neighborhood or school district where the proposed site is located. The department in the school district shall publish a notice of the hearing in newspapers of general circulation stating the date, time and location of the hearing. The department shall provide translators at the public hearing if the school district has a sizable number of non-English speaking parents.
After the public hearing and after reviewing any comments received during the public comment period, the Mississippi Department of Environmental Quality shall either approve or disapprove the Site Remediation Plan, or request additional information from the school board. If the department requires additional information, a copy of the letter requesting additional information shall be sent to the School Siting Committee. Any additional information submitted by the school board to the departmentshall also be given to the School Siting Committee. After reviewing any additional information, the department shall approve or reject the Site Remediation Plan. The department shall explain in detail the reasons for accepting or rejecting the Site Remediation Plan.
Once the department approves the SiteRemediation Plan, the School Siting Committee shall recommend to the school board whether to abandon the site or proceed with acquiring the site and implementing the remediation plan. Then, the school board shall determine, by order entered upon its minutes, whether to abandon the site or to acquire the site and implement the remediation plan. Only upon voting to acquire the site and implement the remediation plan may the school board take any action to acquire the site and prepare the site for construction of a school.
SECTION 4. Section 37-45-23, Mississippi Code of 1972, is amended as follows:
37-45-23. Subject to the provisions of any applicable statute, including specifically the requirements of Senate Bill No. 2605, 2006 Regular Session, relating to the environmental evaluation of sites for school building construction or expansion, the commission shall formulate policies and approve or disapprove plans for the location and construction of all necessary elementary and secondary school buildings.
SECTION 5. Section 37-47-15, Mississippi Code of 1972, is amended as follows:
37-47-15. No grants accruing to any school district shall be expended for any purpose unless such expenditure has been approved by the commission. In order to guide the commission in passing upon requests for the use of grants, the school boards of the respective school districts are directed to prepare a survey of necessary capital improvements and/or a plan for tax relief on school indebtedness within each school district. Such surveys shall show existing facilities, desirable consolidations, the new construction and new facilities necessary and desirable for the efficient operation of the public schools of the school districts, proper compliance with state energy conservation standards, and the plan of tax reduction in the school districts by use of such funds in retiring any outstanding indebtedness for school facilities. The commission shall not approve any application for the use of funds of the said public school building fund from the school board of any school district until such time as an acceptable and reasonably satisfactory plan, looking particularly to efficiency through consolidations of school attendance centers, has been submitted by the school board.
Furthermore, the commission shall not approve any application for the use of funds of the public school building fund until such time as an acceptable plan has been submitted by the appropriate board which complies with improved design, heating, cooling, ventilation, lighting, insulation and architectural standards provided by the State of Mississippi to promote maximum energy conservation in new and existing public buildings.
In addition, the commission shall not approve any application which has not complied specifically with the provisions of Senate Bill No. 2605, 2006 Regular Session, relating to the environmental evaluation of sites for school building construction or expansion.
All applications from school districts shall conform to the plan of the school board.
SECTION 6. Section 37-7-301, Mississippi Code of 1972, is amended as follows:
37-7-301. The school boards of all school districts shall have the following powers, authority and duties in addition to all others imposed or granted by law, to wit:
(a) To organize and operate the schools of the district and to make such division between the high school grades and elementary grades as, in their judgment, will serve the best interests of the school;
(b) To introduce public school music, art, manual training and other special subjects into either the elementary or high school grades, as the board shall deem proper;
(c) To be the custodians of real and personal school property and to manage, control and care for same, both during the school term and during vacation;
(d) To have responsibility for the erection, repairing and equipping of school facilities and the making of necessary school improvements; provided, however, that the approval of any site for school building construction or expansion shall comply with the provisions of Senate Bill No. 2605, 2006 Regular Session, relating to environmental evaluation by the Mississippi Department of Environmental Quality and the appointment of a school siting committee;
(e) To suspend or to expel a pupil or to change the placement of a pupil to the school district's alternative school or home-bound program for misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil, in the determination of the school superintendent or principal, renders that pupil's presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, and to delegate such authority to the appropriate officials of the school district;
(f) To visit schools in the district, in their discretion, in a body for the purpose of determining what can be done for the improvement of the school in a general way;
(g) To support, within reasonable limits, the superintendent, principal and teachers where necessary for the proper discipline of the school;
(h) To exclude from the schools students with what appears to be infectious or contagious diseases; provided, however, such student may be allowed to return to school upon presenting a certificate from a public health officer, duly licensed physician or nurse practitioner that the student is free from such disease;
(i) To require those vaccinations specified by the State Health Officer as provided in Section 41-23-37, Mississippi Code of 1972;
(j) To see that all necessary utilities and services are provided in the schools at all times when same are needed;
(k) To authorize the use of the school buildings and grounds for the holding of public meetings and gatherings of the people under such regulations as may be prescribed by said board;
(l) To prescribe and enforce rules and regulations not inconsistent with law or with the regulations of the State Board of Education for their own government and for the government of the schools, and to transact their business at regular and special meetings called and held in the manner provided by law;
(m) To maintain and operate all of the schools under their control for such length of time during the year as may be required;
(n) To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities;
(o) To make orders directed to the superintendent of schools for the issuance of pay certificates for lawful purposes on any available funds of the district and to have full control of the receipt, distribution, allotment and disbursement of all funds provided for the support and operation of the schools of such school district whether such funds be derived from state appropriations, local ad valorem tax collections, or otherwise. The local school board shall be authorized and empowered to promulgate rules and regulations that specify the types of claims and set limits of the dollar amount for payment of claims by the superintendent of schools to be ratified by the board at the next regularly scheduled meeting after payment has been made;
(p) To select all school district personnel in the manner provided by law, and to provide for such employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by the board;
(q) To provide athletic programs and other school activities and to regulate the establishment and operation of such programs and activities;
(r) To join, in their discretion, any association of school boards and other public school-related organizations, and to pay from local funds other than minimum foundation funds, any membership dues;
(s) To expend local school activity funds, or other available school district funds, other than minimum education program funds, for the purposes prescribed under this paragraph. "Activity funds" shall mean all funds received by school officials in all school districts paid or collected to participate in any school activity, such activity being part of the school program and partially financed with public funds or supplemented by public funds. The term "activity funds" shall not include any funds raised and/or expended by any organization unless commingled in a bank account with existing activity funds, regardless of whether the funds were raised by school employees or received by school employees during school hours or using school facilities, and regardless of whether a school employee exercises influence over the expenditure or disposition of such funds. Organizations shall not be required to make any payment to any school for the use of any school facility if, in the discretion of the local school governing board, the organization's function shall be deemed to be beneficial to the official or extracurricular programs of the school. For the purposes of this provision, the term "organization" shall not include any organization subject to the control of the local school governing board. Activity funds may only be expended for any necessary expenses or travel costs, including advances, incurred by students and their chaperons in attending any in-state or out-of-state school-related programs, conventions or seminars and/or any commodities, equipment, travel expenses, purchased services or school supplies which the local school governing board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district, including items which may subsequently become the personal property of individuals, including yearbooks, athletic apparel, book covers and trophies. Activity funds may be used to pay travel expenses of school district personnel. The local school governing board shall be authorized and empowered to promulgate rules and regulations specifically designating for what purposes school activity funds may be expended. The local school governing board shall provide (i) that such school activity funds shall be maintained and expended by the principal of the school generating the funds in individual bank accounts, or (ii) that such school activity funds shall be maintained and expended by the superintendent of schools in a central depository approved by the board. The local school governing board shall provide that such school activity funds be audited as part of the annual audit required in Section 37-9-18. The State Auditor shall prescribe a uniform system of accounting and financial reporting for all school activity fund transactions;
(t) To contract, on a shared savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as provided for in Section 31-7-14, not to exceed ten (10) years;
(u) To maintain accounts and issue pay certificates on school food service bank accounts;
(v) (i) To lease a school building from an individual, partnership, nonprofit corporation or a private for-profit corporation for the use of such school district, and to expend funds therefor as may be available from any nonminimum program sources. The school board of the school district desiring to lease a school building shall declare by resolution that a need exists for a school building and that the school district cannot provide the necessary funds to pay the cost or its proportionate share of the cost of a school building required to meet the present needs. The resolution so adopted by the school board shall be published once each week for three (3) consecutive weeks in a newspaper having a general circulation in the school district involved, with the first publication thereof to be made not less than thirty (30) days prior to the date upon which the school board is to act on the question of leasing a school building. If no petition requesting an election is filed prior to such meeting as hereinafter provided, then the school board may, by resolution spread upon its minutes, proceed to lease a school building. If at any time prior to said meeting a petition signed by not less than twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the school district involved shall be filed with the school board requesting that an election be called on the question, then the school board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon the question of authorizing the school board to lease a school building. Such election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the questions of the issuance of the bonds of school districts, and the results thereof shall be certified to the school board. If at least three-fifths (3/5) of the qualified electors of the school district who voted in such election shall vote in favor of the leasing of a school building, then the school board shall proceed to lease a school building. The term of the lease contract shall not exceed twenty (20) years, and the total cost of such lease shall be either the amount of the lowest and best bid accepted by the school board after advertisement for bids or an amount not to exceed the current fair market value of the lease as determined by the averaging of at least two (2) appraisals by certified general appraisers licensed by the State of Mississippi. The term "school building" as used in this paragraph (v)(i) shall be construed to mean any building or buildings used for classroom purposes in connection with the operation of schools and shall include the site therefor, necessary support facilities, and the equipment thereof and appurtenances thereto such as heating facilities, water supply, sewage disposal, landscaping, walks, drives and playgrounds. The term "lease" as used in this paragraph (v)(i) may include a lease/purchase contract;
(ii) If two (2) or more school districts propose to enter into a lease contract jointly, then joint meetings of the school boards having control may be held but no action taken shall be binding on any such school district unless the question of leasing a school building is approved in each participating school district under the procedure hereinabove set forth in paragraph (v)(i). All of the provisions of paragraph (v)(i) regarding the term and amount of the lease contract shall apply to the school boards of school districts acting jointly. Any lease contract executed by two (2) or more school districts as joint lessees shall set out the amount of the aggregate lease rental to be paid by each, which may be agreed upon, but there shall be no right of occupancy by any lessee unless the aggregate rental is paid as stipulated in the lease contract. All rights of joint lessees under the lease contract shall be in proportion to the amount of lease rental paid by each;
(w) To employ all noninstructional and noncertificated employees and fix the duties and compensation of such personnel deemed necessary pursuant to the recommendation of the superintendent of schools;
(x) To employ and fix the duties and compensation of such legal counsel as deemed necessary;
(y) Subject to rules and regulations of the State Board of Education, to purchase, own and operate trucks, vans and other motor vehicles, which shall bear the proper identification required by law;
(z) To expend funds for the payment of substitute teachers and to adopt reasonable regulations for the employment and compensation of such substitute teachers;
(aa) To acquire in its own name by purchase all real property which shall be necessary and desirable in connection with the construction, renovation or improvement of any public school building or structure. Whenever the purchase price for such real property is greater than Fifty Thousand Dollars ($50,000.00), the school board shall not purchase the property for an amount exceeding the fair market value of such property as determined by the average of at least two (2) independent appraisals by certified general appraisers licensed by the State of Mississippi. If the board shall be unable to agree with the owner of any such real property in connection with any such project, the board shall have the power and authority to acquire any such real property by condemnation proceedings pursuant to Section 11-27-1 et seq., Mississippi Code of 1972, and for such purpose, the right of eminent domain is hereby conferred upon and vested in said board. Provided further, that the local school board is authorized to grant an easement for ingress and egress over sixteenth section land or lieu land in exchange for a similar easement upon adjoining land where the exchange of easements affords substantial benefit to the sixteenth section land; provided, however, the exchange must be based upon values as determined by a competent appraiser, with any differential in value to be adjusted by cash payment. Any easement rights granted over sixteenth section land under such authority shall terminate when the easement ceases to be used for its stated purpose. No sixteenth section or lieu land which is subject to an existing lease shall be burdened by any such easement except by consent of the lessee or unless the school district shall acquire the unexpired leasehold interest affected by the easement;
(bb) To charge reasonable fees related to the educational programs of the district, in the manner prescribed in Section 37-7-335;
(cc) Subject to rules and regulations of the State Board of Education, to purchase relocatable classrooms for the use of such school district, in the manner prescribed in Section 37-1-13;
(dd) Enter into contracts or agreements with other school districts, political subdivisions or governmental entities to carry out one or more of the powers or duties of the school board, or to allow more efficient utilization of limited resources for providing services to the public;
(ee) To provide for in-service training for employees of the district. Until June 30, 1994, the school boards may designate two (2) days of the minimum school term, as defined in Section 37-19-1, for employee in-service training for implementation of the new statewide testing system as developed by the State Board of Education. Such designation shall be subject to approval by the State Board of Education pursuant to uniform rules and regulations;
(ff) As part of their duties to prescribe the use of textbooks, to provide that parents and legal guardians shall be responsible for the textbooks and for the compensation to the school district for any books which are not returned to the proper schools upon the withdrawal of their dependent child. If a textbook is lost or not returned by any student who drops out of the public school district, the parent or legal guardian shall also compensate the school district for the fair market value of the textbooks;
(gg) To conduct fund-raising activities on behalf of the school district that the local school board, in its discretion, deems appropriate or beneficial to the official or extracurricular programs of the district; provided that:
(i) Any proceeds of the fund-raising activities shall be treated as "activity funds" and shall be accounted for as are other activity funds under this section; and
(ii) Fund-raising activities conducted or authorized by the board for the sale of school pictures, the rental of caps and gowns or the sale of graduation invitations for which the school board receives a commission, rebate or fee shall contain a disclosure statement advising that a portion of the proceeds of the sales or rentals shall be contributed to the student activity fund;
(hh) To allow individual lessons for music, art and other curriculum-related activities for academic credit or nonacademic credit during school hours and using school equipment and facilities, subject to uniform rules and regulations adopted by the school board;
(ii) To charge reasonable fees for participating in an extracurricular activity for academic or nonacademic credit for necessary and required equipment such as safety equipment, band instruments and uniforms;
(jj) To conduct or participate in any fund-raising activities on behalf of or in connection with a tax-exempt charitable organization;
(kk) To exercise such powers as may be reasonably necessary to carry out the provisions of this section;
(ll) To expend funds for the services of nonprofit arts organizations or other such nonprofit organizations who provide performances or other services for the students of the school district;
(mm) To expend federal No Child Left Behind Act funds, or any other available funds that are expressly designated and authorized for that use, to pay training, educational expenses, salary incentives and salary supplements to employees of local school districts; except that incentives shall not be considered part of the local supplement as defined in Section 37-151-5(o), nor shall incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1). Mississippi Adequate Education Program funds or any other state funds may not be used for salary incentives or salary supplements as provided in this paragraph (mm);
(nn) To use any available funds, not appropriated or designated for any other purpose, for reimbursement to the state-licensed employees from both in-state and out-of-state, who enter into a contract for employment in a school district, for the expense of moving when the employment necessitates the relocation of the licensed employee to a different geographical area than that in which the licensed employee resides before entering into the contract. The reimbursement shall not exceed One Thousand Dollars ($1,000.00) for the documented actual expenses incurred in the course of relocating, including the expense of any professional moving company or persons employed to assist with the move, rented moving vehicles or equipment, mileage in the amount authorized for county and municipal employees under Section 25-3-41 if the licensed employee used his personal vehicle or vehicles for the move, meals and such other expenses associated with the relocation. No licensed employee may be reimbursed for moving expenses under this section on more than one (1) occasion by the same school district. Nothing in this section shall be construed to require the actual residence to which the licensed employee relocates to be within the boundaries of the school district that has executed a contract for employment in order for the licensed employee to be eligible for reimbursement for the moving expenses. However, the licensed employee must relocate within the boundaries of the State of Mississippi. Any individual receiving relocation assistance through the Critical Teacher Shortage Act as provided in Section 37-159-5 shall not be eligible to receive additional relocation funds as authorized in this paragraph;
(oo) To use any available funds, not appropriated or designated for any other purpose, to reimburse persons who interview for employment as a licensed employee with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview at the rate authorized for county and municipal employees under Section 25-3-41;
(pp) Consistent with the report of the Task Force to Conduct a Best Financial Management Practices Review, to improve school district management and use of resources and identify cost savings as established in Section 8 of Chapter 610, Laws of 2002, local school boards are encouraged to conduct independent reviews of the management and efficiency of schools and school districts. Such management and efficiency reviews shall provide state and local officials and the public with the following:
(i) An assessment of a school district's governance and organizational structure;
(ii) An assessment of the school district's financial and personnel management;
(iii) An assessment of revenue levels and sources;
(iv) An assessment of facilities utilization, planning and maintenance;
(v) An assessment of food services, transportation and safety/security systems;
(vi) An assessment of instructional and administrative technology;
(vii) A review of the instructional management and the efficiency and effectiveness of existing instructional programs; and
(viii) Recommended methods for increasing efficiency and effectiveness in providing educational services to the public;
(qq) To enter into agreements with other local school boards for the establishment of an educational service agency (ESA) to provide for the cooperative needs of the region in which the school district is located, as provided in Section 37-7-345. This paragraph shall repeal on July 1, 2007;
(rr) To implement a financial literacy program for students in Grades 10 and 11. The board may review the national programs and obtain free literature from various nationally recognized programs. After review of the different programs, the board may certify a program that is most appropriate for the school districts' needs. If a district implements a financial literacy program, then any student in Grade 10 or 11 may participate in the program. The financial literacy program shall include, but is not limited to, instruction in the same areas of personal business and finance as required under Section 37-1-3(2)(b). The school board may coordinate with volunteer teachers from local community organizations, including, but not limited to, the following: United States Department of Agriculture Rural Development, United States Department of Housing and Urban Development, Junior Achievement, bankers and other nonprofit organizations. Nothing in this paragraph shall be construed as to require school boards to implement a financial literacy program;
(ss) To collaborate with the State Board of Education, Community Action Agencies or the Department of Human Services to develop and implement a voluntary program to provide services for a full-day prekindergarten program that addresses the cognitive, social, and emotional needs of four-year-old and three-year-old children. The school board may utilize nonstate source special funds, grants, donations or gifts to fund the voluntary program;
(tt) With respect to any lawful, written obligation of a school district, including, but not limited to, leases (excluding leases of sixteenth section public school trust land), bonds, notes, or other agreement, to agree in writing with the obligee that the State Tax Commission or any state agency, department or commission created under state law may:
(i) Withhold all or any part (as agreed by the school board) of any monies which such local school board is entitled to receive from time to time under any law and which is in the possession of the State Tax Commission, or any state agency, department or commission created under state law; and
(ii) Pay the same over to any financial institution, trustee or other obligee, as directed in writing by the school board, to satisfy all or part of such obligation of the school district.
The school board may make such written agreement to withhold and transfer funds irrevocable for the term of the written obligation and may include in the written agreement any other terms and provisions acceptable to the school board. If the school board files a copy of such written agreement with the State Tax Commission, or any state agency, department or commission created under state law then the State Tax Commission or any state agency, department or commission created under state law shall immediately make the withholdings provided in such agreement from the amounts due the local school board and shall continue to pay the same over to such financial institution, trustee or obligee for the term of the agreement.
This paragraph (tt) shall not grant any extra authority to a school board to issue debt in any amount exceeding statutory limitations on assessed value of taxable property within such school district or the statutory limitations on debt maturities, and shall not grant any extra authority to impose, levy or collect a tax which is not otherwise expressly provided for, and shall not be construed to apply to sixteenth section public school trust land;
(uu) With respect to any matter or transaction that is competitively bid by a school district, to accept from any bidder as a good faith deposit or bid bond or bid surety, the same type of good faith deposit or bid bond or bid surety that may be accepted by the state or any other political subdivision on similar competitively bid matters or transactions. This paragraph (uu) shall not be construed to apply to sixteenth section public school trust land. The school board may authorize the investment of any school district funds in the same kind and manner of investments, including pooled investments, as any other political subdivision, including community hospitals; and
(vv) To utilize the alternate method for the conveyance or exchange of unused school buildings and/or land, reserving a partial or other undivided interest in the property, as specifically authorized and provided in Section 37-7-485, Mississippi Code of 1972.
SECTION 7. This act shall take effect and be in force from and after July 1, 2006.