MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Appropriations
By: Representative Brown, Flaggs, Holland, Peranich, Stringer, Watson, Broomfield, Hudson, Franks, Patterson, Clark, Scott, Perkins
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 2008.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sums, or so much of those sums as may be necessary, are 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, 2007, and ending June 30, 2008, 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............... $ 99,279,413.00.
(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
........................................... $ 77,598,146.00.
(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............................... $ 13,880,990.00.
(d) To the State Board of Education for defraying the expenses of the Mississippi Adequate Education Program.........................
........................................... $ 2,010,150,809.00.
(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$ 12,296,159.00.
TOTAL AMOUNT OF STATE GENERAL FUNDS APPROPRIATED
BY THIS SECTION BEING................. $ 2,213,205,517.00.
SECTION 2. The following sums, or so much of those sums as may be necessary, are 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, 2007, and ending June 30, 2008, as follows:
(a) To the State Board of Education for the purpose of defraying the expenses of the State Department of Education, excluding the expenses of the Vocational and Technical Education Division......................... $ 734,000,668.00.
(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
........................................... $ 23,959,127.00.
(c) To the State Board of Education for the purpose of defraying the expenses of the Mississippi Adequate Education Program. $ 247,001,926.00.
(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$ 766,136.00.
TOTAL AMOUNT OF SPECIAL FUNDS APPROPRIATED
BY THIS SECTION BEING................. $ 1,005,727,857.00.
SECTION 3. Of the funds appropriated in Section 2, One Hundred Twenty-six Thousand Four Hundred Seventy-two Dollars ($126,472.00), or so much of that sum as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Health Care Expendable Fund to the State Department of Education for the purpose of defraying the expenses of the department for the Mississippi Eye Screening Program for providing vision safety services.
SECTION 4. Of the funds appropriated in Section 2, the following sums, or so much of those sums as may be necessary, are derived out of any money in the State Treasury to the credit of the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, as follows:
(a) To the State Department of Education, excluding the expenses of the Vocational and Technical Education Division, for the following purposes:
Grants to school districts for capital
facilities and buses..........$ 16,000,000.00.
Instructional materials............$ 6,194,875.00.
Tech prep bond service.............$ 3,200,662.00.
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..............................$ 26,115,969.00.
(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.....................................
............................................... $177,001,926.00.
SECTION 5. Of the funds appropriated in this act, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure for the State Department of Education, excluding the expenses of the Vocational and Technical Education Division:
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 30,302,650.00
Travel and Subsistence.............. 2,130,074.00
Contractual Services..................... 42,438,896.00
Commodities.............................. 7,395,199.00
Capital Outlay:
Other Than Equipment................ 1,519,500.00
Equipment........................... 2,353,522.00
Vehicles............................ 30,000.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 747,110,240.00
Total.............................. $ 833,280,081.00
FUNDING:
General Funds....................... $ 99,279,413.00
Special Funds......................... 734,000,668.00
Total........................... $ 833,280,081.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 468
Part Time........... 3
Time-Limited:Full Time........... 79
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 in this act shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the State Department of Education, 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:
FY2008
Performance Measures Target
Special Education
Approved Funding for Children ($ in millions) 100.80
Teacher Units Approved for Funding (Units) 4,672
Child Nutrition
Number of Meals Required (Millions) 122
Cost per Meal ($) 2.40
MS School For Math & Science
Students Enrolled (Persons) 270
Cost per Student ($) 16,500.00
Educational Accountability
Performance Accreditation Visits (Visits) 35
Tests Administered (Persons) 545,679
Compliance & Performance Reviews (Actions) 30
Educ Training & Development
Administrators Trained (Persons) 1,000
Administrators Trained (%) 35
Technical Assistance to School Districts (%) 95
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 (%) 92
School Visits (Number of) 25,000
MS Teacher Center
Teachers Recruited in Shortage Areas (Number) 1,900
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 2009.
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 in this act 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:
FY2008
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 2009.
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 the 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, 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, excluding the expenses of the Vocational and Technical Education Division.
SECTION 11. Of the funds appropriated in Section 2, 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 ($1,000,000.00) shall be used for the School for Math and Science.
SECTION 12. With the funds appropriated in this act, the following positions are authorized for the Vocational and Technical Education Division of the State Department of Education:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 59
Part Time........... 0
Time-Limited:Full Time........... 3
Part Time........... 0
SECTION 13. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided in this act shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the Vocational and Technical Education Division of the State Department of Education. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2008
Performance Measures Target
Secondary Programs
Increase in Students Served (%) 1.00
LEAs Served (Sites) 144
Post-secondary Programs
Short-Term Students Served (Persons) 2,800
Short-Term Adult Program Classes (Classes) 225
Short-Term Cost per Student ($) 65.00
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 2009.
SECTION 14. Of the funds appropriated in this act, 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, 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, no more than One Hundred Eighteen Thousand Seventy-five Dollars ($118,075.00) is provided for the purpose of supporting the Future Farmers of America Center.
SECTION 17. Of the funds provided in Section 1 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 that 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.
SECTION 18. Of the funds provided in Section 1, Two Hundred Twenty-four Thousand Four Hundred Ninety-six Dollars ($224,496.00) 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 2007.
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, Greater Columbus Early Learning Center and Mississippi Council for Economic Education.
SECTION 21. Of the funds appropriated in Section 1, Two Hundred Thirty-five Thousand Dollars ($235,000.00) is provided for the Writing and Thinking Institute, Seventy Thousand Dollars ($70,000.00) is provided for the Very Special Arts Program and One Hundred Thousand Dollars ($100,000,00) is provided for the Mississippi Council for Economic Education.
SECTION 22. Of the funds appropriated in this act, 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 in Section 1, 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 those interest payments were distributed during Fiscal Year 1985.
SECTION 24. Of the funds provided in this act 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 2008 shall be Four Thousand Five Hundred Seventy-four Dollars ($4,574.00).
SECTION 25. Of the funds appropriated in this act, 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, 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 in this act, 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
Of the funds appropriated in Section 1 and Section 2 for the Mississippi School for the Blind and the Mississippi School for the Deaf, not more than One Hundred Forty-five Thousand Dollars ($145,000.00) shall be expended for vehicle purchases.
SECTION 28. With the funds provided in this act, it is the intention of the Legislature that School Attendance Officers and academic teachers at the Mississippi School for the Deaf and the Mississippi School for the Blind shall receive their annual increment.
SECTION 29. Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to the realignment component of the Variable Compensation Plan or One Thousand Five Hundred Dollars ($1,500.00), whichever is greater, to be awarded on July 1, 2007.
With the funds herein appropriated, 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 2009 do not exceed Fiscal Year 2008 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 2008 appropriations for "Personal Services" when annualized, with the exception of escalated funds and educational benchmarks. 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 2008 "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. On January 1, 2008, the State Personnel Board will make adjustments to the structure side of the compliance report based on data provided by the Legislative Budget Office in order for agencies to award educational benchmarks.
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.
No general funds authorized to be expended herein 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.
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 in this act and that those records shall be in the same format and level of details as maintained for Fiscal Year 2007. It is further the intention of the Legislature that the budget requests for Fiscal Year 2009 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 2008 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-one Million Eight Hundred Ninety-seven Thousand Forty-eight Dollars ($21,897,048.00) shall be used for National Board Certification.
SECTION 32. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State General Fund not otherwise appropriated, to the State Board of Education for defraying the cost of the National Board Certification Program, for the fiscal year beginning July 1, 2007, and ending June 30, 2008 $ 1,500,000.00.
SECTION 33. Of the funds appropriated in Section 1, not less than Fourteen Million Sixty-five Thousand Dollars ($14,065,000.00) shall be used for the Educable Child Program.
SECTION 34. 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.
No funds shall be expended under authority of this act unless the Mississippi Department of Education surveys each school district to determine the dollar amount and description of its textbook purchases. A report of such findings shall be provided to the Chairmen of the House and Senate Education Committees no later than December 31, 2007.
SECTION 35. 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 36. Of the funds appropriated for Fiscal Year 2008 for the Educable Child Program, the Mississippi Department of Education is authorized to pay the remaining balance up to Two Million Dollars ($2,000,000.00) for fiscal year 2007 claims.
SECTION 37. 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 38. 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 those 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 39. 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 40. Of the funds appropriated in Section 1, not less than Six Million Seven Hundred Thirteen Thousand Six Hundred Fifty-three Dollars ($6,713,653.00) shall be used for the Compulsory School Attendance Office and School Attendance Officers.
SECTION 41. Of the funds appropriated in this act for the Mississippi Adequate Education Program, funds of not more than Two Million Ten Thousand Three Hundred Eighty-three Dollars ($2,010,383.00) are provided to be set aside as a mechanism to hold harmless those local school districts that receive less than the funding levels that they received for fiscal year 2007.
SECTION 42. Funds are provided in this act to defray the expenses of a task force to evaluate the programs, services and funding for students considered to be "at-risk." No funds shall be expended under authority of this act unless the task force studies, at a minimum, the issues of at-risk students as defined in the Mississippi Adequate Education Program (MAEP), dyslexia and other related diagnosable learning challenges, early childhood pre-kindergarten programs, mentoring programs, and the funding for these and other associated programs.
The eleven-member task force is to be comprised of the following members: Chairs of the House and Senate Appropriations Committees, Chairs of the House and Senate Education Committees, three (3) members appointed by the Lieutenant Governor, three (3) members appointed by the Speaker of the House of Representatives, and one (1) member appointed by the Governor. The first meeting of the task force will be held no later than July 1, 2007. At that meeting, members will elect a chairman. No funds shall be expended under authority of this act unless the task force files a report to the Legislature no later than January 2, 2008. The task force will maintain minutes and records of each meeting, which are to become a part of the final report.
SECTION 43. Local school districts shall provide a report to the Mississippi Department of Education no later than September 30, 2007, which shall outline the types of at-risk programs provided in their schools for both state appropriations for at-risk students and for expenditures of federal funds designated for the programs serving students identified as at-risk. The report shall provide an overview of how school districts shall measure the impact and effectiveness of at-risk programs and the expenditure of these funds.
SECTION 44. The Mississippi Department of Education shall evaluate the associated costs and programmatic needs for expanding the Mississippi Virtual Public School to encompass all grades, K-12, and shall provide a report to the Legislature on such expansion no later than January 2, 2008. The report shall propose a timeline for establishing full-course curricula for grades K-8. The Mississippi Department of Education shall conduct interviews and analyses with prominent providers that offer these services. The services to conduct this report may be outsourced.
SECTION 45. Of the funds appropriated in this act, no more than One Hundred Ninety-two Thousand Dollars ($192,000.00) is provided for the purpose of supporting the "You've Got to Move" Program for Grades K-2.
SECTION 46. Of the funds appropriated in Section 1(a), One Hundred Thousand Dollars ($100,000.00) is provided for the Principal Corp.
SECTION 47. Of the funds appropriated in Section 1(a), Three Hundred Thousand Dollars ($300,000.00) is provided for the Magnolia Speech School.
SECTION 48. Of the funds appropriated in this act, up to One Hundred Thousand Dollars ($100,000.00) may be used from the State Department of Education's operating budget for contractual services for the purpose of defraying the expenses of the Virtual School Program for Grades K-8.
SECTION 49. The money appropriated in this act 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 50. This act shall take effect and be in force from and after July 1, 2007.