Replaced by Substitute

AMENDMENT NO 1 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2604

BY: Representatives Brown, Mayo, Harrison, Clarke

     AMEND on line 191 by deleting the word "The" and inserting in lieu thereof the words and figures "Effective with fiscal year 2011, the"

     AMEND FURTHER on line 210 by changing "2009" to "2010"

     AMEND FURTHER on lines 221 and 222 by deleting the words and figures "For fiscal year 2006" and inserting in lieu thereof the words and figures "Effective with fiscal year 2011"

     AMEND FURTHER on line 308 by changing "2299" to "2129"

     AMEND FURTHER by inserting the following new Section 2 after line 181 and renumbering the succeeding sections:

     "SECTION 2.  (1) Effective with fiscal year 2007, full funding of the Mississippi Adequate Education Program (MAEP) shall be phased-in over a four-year period. For fiscal year 2007 the funding level shall be $1,973,040,112.00; for fiscal year 2008 the funding level shall be $2,037,226,584.00; for fiscal year 2009 the funding level shall be $2,101,413,056.00; and for fiscal year 2010 the funding level shall be $2,165,599,528.00. The costs of this four-year phase-in does not include the costs associated with other state mandated costs such as, but not limited to, teacher pay raises, increased costs of insurance and increased costs of employer contributions to the Public Employees' Retirement System, and any such associated costs increases shall be funded separately and in addition to the cost of the four-year phase-in.

     (2)  Funds appropriated to school districts based on the four-year phase-in shall be allocated and prorated using average daily attendance (ADA) for months one (1) through nine (9) of the second preceding year or months two (2) and three (3) of the preceding year, whichever is greater, for fiscal year 2007 through fiscal year 2009. Allocation of funds for fiscal year 2010, at the full funding level, shall be based on months two (2) and three (3) ADA.

     (3)  School districts experiencing at least three (3) consecutive years of growth in ADA shall receive an additional allocation of funds during the four-year phase-in. That growth shall be funded at twenty-five percent (25%) the first year, fifty percent (50%) for year two (2), seventy-five percent (75%) for year three (3) and one hundred percent (100%) for year four (4) at full funding. The State Department of Education shall determine the percentage change from the prior year of each year of each school district's average of months two (2) and three (3) ADA for the three (3) immediately preceding school years of the year for which funds are being appropriated.  For any school district that experiences a positive growth in the average of months two (2) and three (3) ADA each year of the three (3) years, the average percentage growth over the three-year period shall be multiplied times the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated.  For fiscal year 2007, twenty-five percent (25%), for fiscal year 2008, fifty percent (50%), for fiscal year 2009, seventy-five percent (75%) and for fiscal year 2010, one hundred percent (100%) of the resulting amount shall be added to the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated to arrive at the ADA to be used in determining a school district's MAEP allocation.  The district's ADA shall be computed and currently maintained in accordance with regulations promulgated by the State Board of Education."

     AMEND FURTHER the title by inserting the following after the semicolon on line 21: "TO PROVIDE THAT, EFFECTIVE WITH FISCAL YEAR 2007, FULL FUNDING OF THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM SHALL BE PHASED-IN OVER A FOUR-YEAR PERIOD;"