MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Appropriations
By: Representatives Moore, Rogers (14th), Barker, Clarke, Coleman (29th), Hamilton, Jennings, Warren, Dixon
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 2013.
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, 2012, and ending June 30, 2013, 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... $ 80,305,664.00.
(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..................................
........................................... $ 73,323,254.00.
(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... $ 19,803,310.00.
(d) To the State Board of Education for defraying the expenses of the Mississippi Adequate Education Program..................
........................................... $ 1,831,559,102.00.
(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........................ $ 10,834,203.00.
TOTAL AMOUNT OF STATE GENERAL FUNDS APPROPRIATED
BY THIS SECTION BEING................. $ 2,015,825,533.00.
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, 2012, and ending June 30, 2013, 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 $ 857,289,423.00.
(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..................................
........................................... $ 20,320,840.00.
(c) To the State Board of Education for the purpose of defraying the expenses of the Mississippi Adequate Education Program.... $ 281,558,097.00.
(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........................ $ 719,529.00.
TOTAL AMOUNT OF SPECIAL FUNDS APPROPRIATED
BY THIS SECTION BEING................. $ 1,159,887,889.00.
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:
General Education.................. $6,686,137.00
Grants to school districts for capital
facilities and buses....... $ 16,000,000.00.
Instructional materials......... $ 10,741,108.00.
Implementing Performance Based Data
Collection and Accreditation
Model...................... $ 274,937.00.
Testing......................... $ 2,545,451.00.
Common Core/Literacy............ $ 94,082.00.
School Ad Valorem Reduction..... $ 2,026,438.00
TOTAL........................... $ 38,368,153.00.
(b) To the State Department of Education to defray the expenses of the Vocational and Technical Education Division.............
............................................... $ 4,300,000.00.
(c) To the State Department of Education to provide funding for the Mississippi Adequate Education Program.....................
............................................... $211,558,097.00.
SECTION 5. Of the funds appropriated in this act, the following positions are authorized for the State Department of Education, excluding the expenses of the Vocational and Technical Education Division:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 392
Part Time........... 3
Time-Limited: Full Time........... 94
Part Time........... 0
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 2013 do not exceed Fiscal Year 2013 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2013 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 ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2013 appropriations for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2013 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
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 6. 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:
FY2013
Performance Measures Target
Special Education
Approved Funding for
Children ($ in Millions) 106.00
Teacher Units Approved for
Funding (Units) 4,959
Child Nutrition
Number of Meals Required (Millions) 128.10
Cost per Meal ($) 2.72
MS School For Math & Science
Students Enrolled (Persons) 270
Cost per Student ($) 20,000.00
Educational Accountability
Performance Accreditation
Visits (Visits) 40
Tests Administered (Persons) 863,870
Compliance & Performance Reviews (Actions) 45
Educ Training & Development
Administrators Trained (Persons) 1,100
Administrators Trained (%) 40.00
Technical Assistance to School
Districts (%) 95.00
Compensatory Education
Title I Projects Awarded (Programs) 152
Average Expenditure per Child ($) 443.21
Review & Approve Delinquent
Programs (Programs) 4
Community & Outreach Services
Requested Available Federal Funding (%) 100.00
MS School Attendance Officers
Resolutions to Referrals (%) 98.00
School Visits (Number of) 22,000
MS Teacher Center
Teachers Recruited in Shortage
Areas (Number of) 2,500
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 2014.
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 Mississippi Adequate Education Program. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2013
Performance Measures Target
Basic Program
Percentage of students scoring basic &
above on the MS Curriculum Test in grades
2-8 in reading, language & math (%) 86.60
Percentage of students achieving the
passing score on the History test (%) 94.30
Percentage of students achieving the
passing score on the Biology test (%) 72.00
Percentage of students achieving the
passing score on the Algebra test (%) 76.00
Provide 100% Funding of the Base
Student Cost (%) 100.00
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 2014.
SECTION 8. 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 9. 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 10. 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 11. Of the funds appropriated under the provisions of 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........... 45
Part Time........... 0
Time-Limited: Full Time........... 4
Part Time........... 0
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 2014 do not exceed Fiscal Year 2013 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2013 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 ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2013 appropriations for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2013 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
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 12. 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:
FY2013
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 2014.
SECTION 13. 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 14. 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 15. Of the funds appropriated in this act, no more than One Hundred Thirty-five Thousand Dollars ($135,000.00) is provided for the purpose of supporting the Future Farmers of America Center.
SECTION 16. 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, Mississippi Code of 1972, in an amount not to exceed Ten Thousand Dollars ($10,000.00) from state funds, per child per year as state funds are available. The State Department of Education shall submit a report to the Legislature with the projected cost per child and the total cost of the program no later than January 30, 2013.
SECTION 17. 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 18. 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 Centers, Children's Center for Communications and Development, Soil and Water Conservation Commission, Mississippi Eye Screening Program-Vision Research Corporation, Magnolia Speech School, Dubard School, and Sight Savers.
SECTION 19. 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, robotic engineering programs and equipment upgrades from the Vocational and Technical Education Division of the State Department of Education.
SECTION 20. 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 21. 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 2013 shall be Five Thousand Seventeen Dollars and Ninety-four Cents ($5,017.94).
SECTION 22. 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 Section 37-151-7(5), Mississippi Code of 1972.
SECTION 23. Of the funds appropriated under the provisions of 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........... 171
Part Time........... 20
Time-Limited: Full Time........... 0
Part Time........... 0
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 24. 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 25. 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 2012. It is further the intention of the Legislature that the budget requests for Fiscal Year 2014 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 2013 budget request process for each agency and institution appropriated funds within the provisions of this act.
SECTION 26. Of the funds appropriated in Section 1 to the State Board of Education, not less than Twenty-four Million Four Hundred Fifty Thousand Dollars ($24,450,000.00) shall be used for National Board Certification.
SECTION 27. Of the funds appropriated in Section 1, not less than Ten Million Dollars ($10,000,000.00) shall be used for the Educable Child Program.
SECTION 28. 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 29. Of the funds appropriated for Fiscal Year 2013 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 2012 claims.
SECTION 30. Of the funds appropriated for Orthopedic and Aphasic, Three Hundred Twenty-five Thousand Dollars ($325,000.00) shall be for the Dubard School at the University of Southern Mississippi.
SECTION 31. 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 32. Of the funds appropriated in Section 1, not less than Six Million Dollars ($6,000,000.00) shall be used for the Compulsory School Attendance Office and School Attendance Officers.
SECTION 33. Of the funds appropriated in Section 1(a), Three Hundred Twenty-five Thousand Dollars ($325,000.00) is provided for the Magnolia Speech School.
SECTION 34. Of the funds appropriated in Section 1, it is the intention of the Legislature that Three Hundred Thousand Dollars ($300,000.00) shall be used for professional development for dyslexia and other related disorders.
SECTION 35. Of the funds appropriated in this act, it is the intention of the Legislature that Three Million Six Hundred Thousand Dollars ($3,600,000.00) shall be used for the Mary Kirkpatrick-Mary Sprayberry Public School Nurse Program. The amount of Three Million Six Hundred Thousand Dollars ($3,600,000.00) shall be transferred from the Department of Health.
SECTION 36. The State Department of Education shall contract with a Certified Public Accountant to calculate components of the Mississippi Adequate Education Program to include the base student cost, school district allocations, total program cost, add-on programs, and any other required components of Section 37-151-7, Mississippi Code of 1972. The contractor shall be responsible for calculating the estimates of these components due to the Legislative Budget Office and the Governor by August 1 and the final estimates due to the Legislative Budget Office and the Governor no later than January 2. A report detailing the funding of this contract shall be submitted by the State Department of Education to the Legislature no later than January 30, 2013.
SECTION 37. 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 38. It is the intention of the Legislature that the State Board of Education shall charge a fee for room and board for students who enroll in the Mississippi School for Mathematics and Science and the Mississippi School of Arts. Such fees will be waived for any student enrolled in the State Children's Health Insurance Program. The amount of such fees shall be Five Hundred Dollars ($500.00) for each semester.
SECTION 39. It is the intent of the Legislature that each eligible employee who meets the National Board requirements under Section 37-19-7(2), Mississippi Code of 1972, shall be paid the full supplement and that such supplement shall be included on a prorated basis in the employee's monthly paycheck.
SECTION 40. It is the intention of the Legislature that the Mississippi Department of Education may loan any general or special source fund amount, not to exceed One Million Dollars ($1,000,000.00), to any school district for the purpose of providing funds to school districts through the Emergency Assistance Fund as outlined in Section 37-17-6, Mississippi Code of 1972, during the period beginning July 1, 2012, and ending June 30, 2013. The school districts receiving these loans shall repay the Mississippi Department of Education the amount of the loan on or before June 30, 2013.
SECTION 41. Of the funds appropriated in Section 1(a), Seven Hundred Thousand Dollars ($700,000.00) shall be transferred to the Board of Health no later than December 31, 2012.
SECTION 42. 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 43. This act shall take effect and be in force from and after July 1, 2012.