House Bill 55

AN ACT TO AMEND SECTION 37-151-5, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "AT-RISK PUPIL" FOR PURPOSES OF THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM AND TO INCLUDE A CHILD DIAGNOSED WITH AN AUTISM SPECTRUM DISORDER IN THE DEFINITION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-151-5, Mississippi Code of 1972, is amended as follows:

37-151-5. As used in this section and Section * * * 37-151-7:

(a) "Adequate program" or "adequate education program" or "Mississippi Adequate Education Program (MAEP)" * * * means the program to establish adequate current operation funding levels necessary for the programs of such school district to meet at least a successful Level III rating of the accreditation system as established by the State Board of Education using current statistically relevant state assessment data.

(b) "Educational programs or elements of programs not included in the adequate education program calculations, but which may be included in appropriations and transfers to school districts" * * * means:

(i) "Capital outlay" * * * means those funds used for the constructing, improving, equipping, renovating or major repairing of school buildings or other school facilities, or the cost of acquisition of land whereon to construct or establish such school facilities.

(ii) "Pilot programs" * * * means programs of a pilot or experimental nature usually designed for special purposes and for a specified period of time other than those included in the adequate education program.

(iii) "Adult education" * * * means public education dealing primarily with students above eighteen (18) years of age not enrolled as full-time public school students and not classified as students of technical schools, colleges or universities of the state.

(iv) "Food service programs" * * * means those programs dealing directly with the nutritional welfare of the student, such as the school lunch and school breakfast programs.

(c) "Base student" * * * means that student classification that represents the most economically educated pupil in a school system meeting the definition of successful, as determined by the State Board of Education.

(d) "Base student cost" * * * means the funding level necessary for providing an adequate education program for one (1) base student, subject to any minimum amounts prescribed in Section 37-151-7(1).

(e) "Add-on program costs" * * * means those items which are included in the adequate education program appropriations and are outside of the program calculations:

(i) "Transportation" * * * means transportation to and from public schools for the students of Mississippi's public schools provided for under law and funded from state funds.

(ii) "Vocational or technical education program" * * * means a secondary vocational or technical program approved by the State Department of Education and provided for from state funds.

(iii) "Special education program" * * * means a program for exceptional children as defined and authorized by Sections 37-23-1 through 37-23-9, and approved by the State Department of Education and provided from state funds.

(iv) "Gifted education program" * * * means those programs for the instruction of intellectually or academically gifted children as defined and provided for in Section 37-23-175 et seq.

(v) "Alternative school program" * * * means those programs for certain compulsory-school-age students as defined and provided for in Sections 37-13-92 and 37-19-22.

(vi) "Extended school year programs" * * * means those programs authorized by law which extend beyond the normal school year.

(vii) "University-based programs" * * * means those university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq.

(viii) "Bus driver training" programs * * * means those driver training programs as provided for in Section 37-41-1.

(f) "Teacher" * * * includes any employee of a local school who is required by law to obtain a teacher's license from the State Board of Education and who is assigned to an instructional area of work as defined by the State Department of Education.

(g) "Principal" * * * means the head of an attendance center or division thereof.

(h) "Superintendent" * * * means the head of a school district.

(i) "School district" * * * means any type of school district in the State of Mississippi, and * * * includes agricultural high schools.

(j) "Minimum school term" * * * means a term of at least one hundred eighty (180) days of school in which both teachers and pupils are in regular attendance for scheduled classroom instruction for not less than sixty percent (60%) of the normal school day. It is the intent of the Legislature that any tax levies generated to produce additional local funds required by any school district to operate school terms in excess of one hundred seventy-five (175) days shall not be construed to constitute a new program for the purposes of exemption from the limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs mandated by the Legislature.

(k) * * * "Transportation density" * * * means the number of transported children in average daily attendance per square mile of area served in a school district, as determined by the State Department of Education.

(l) * * * "Transported children" * * * means children being transported to school who live within legal limits for transportation and who are otherwise qualified for being transported to school at public expense as fixed by Mississippi state law.

(m) * * * "Year of teaching experience" * * * means nine (9) months of actual teaching in the public or private schools. In no case shall more than one (1) year of teaching experience be given for all services in one (1) calendar or school year. In determining a teacher's experience, no deduction shall be made because of the temporary absence of the teacher because of illness or other good cause, and the teacher shall be given credit therefor. Beginning with the 2003-2004 school year, the State Board of Education shall fix a number of days, not to exceed forty-five (45) consecutive school days, during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term. If a teacher exceeds the number of days established by the State Board of Education that a teacher may not be under contract but may still be employed, that teacher shall not be credited with a year of teaching experience. In determining the experience of school librarians, each complete year of continuous, full-time employment as a professional librarian in a public library in this or some other state is considered a year of teaching experience. If a full-time school administrator returns to actual teaching in the public schools, the term "year of teaching experience" * * * includes the period of time he or she served as a school administrator. In determining the salaries of teachers who have experience in any branch of the military, the term "year of teaching experience" shall include each complete year of actual classroom instruction while serving in the military. In determining the experience of speech-language pathologists and audiologists, each complete year of continuous full-time post master's degree employment in an educational setting in this or some other state is considered a year of teaching experience. * * * However, * * * school districts are authorized, in their discretion, to negotiate the salary levels applicable to licensed employees employed after July 1, 2009, who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided in Section 37-19-7 shall not be applicable to any such retired certificated employee.

(n) * * * Average daily attendance" means the figure which results when the total aggregate attendance during the period or months counted is divided by the number of days during the period or months counted upon which both teachers and pupils are in regular attendance for scheduled classroom instruction less the average daily attendance for self-contained special education classes and, prior to full implementation of the adequate education program, the department shall deduct the average daily attendance for the alternative school program provided for in Section 37-19-22.

(o) * * * Local supplement" * * * means the amount paid to an individual teacher over and above the adequate education program salary schedule for regular teaching duties.

(p) * * * Aggregate amount of support from ad valorem taxation" * * * means the amounts produced by the district's total tax levies for operations.

(q) * * * Adequate education program funds" * * * means all funds, both state and local, constituting the requirements for meeting the cost of the adequate program as provided for in Section 37-151-7.

(r) "Department" * * * means the State Department of Education.

(s) "Commission" * * * means the Mississippi Commission on School Accreditation created under Section 37-17-3.

(t) * * * "Successful school district" * * * means a Level III school district as designated by the State Board of Education using current statistically relevant state assessment data.

(u) "At-risk pupil" means a compulsory-school-age child having an increased probability of school failure and dropping out as a result of certain risk factors including, but not limited to:

(i) Being from a family in poverty;

(ii) Being from a single-parent family or being a parent themselves;

(iii) Having been retained previously in school;

(iv) Having an education attainment level below other students of the same age or grade level;

(v) Failing to meet the requirements necessary for promotion to the next grade level or graduation; or

(vi) Having been diagnosed with an autism spectrum disorder.

(v) "Autism spectrum disorder" means a neurological disorder that affects normal brain functions and is manifested typically by impairments in communication and social interaction, as well as restrictive, repetitive and stereotyped behaviors.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.