MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education
By: Senator(s) Simmons (12th)
AN ACT TO AMEND SECTIONS 37-9-39 AND 37-151-103, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TIME OF THE MONTHLY DISTRIBUTION OF ADEQUATE EDUCATION FUNDS TO SCHOOL DISTRICTS AND TO PROVIDE FOR THE TIME OF PAYMENT OF SALARIES OR WAGES TO SCHOOL DISTRICT EMPLOYEES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-39, Mississippi Code of 1972, is amended as follows:
37-9-39. Salary or
wages paid to any employee of any school shall be paid on a basis as determined
by the local school board of each school district consistent with the
provisions of Section 37-157-103(1), * * * when salaries or wages
shall be paid * * * by the last
working day. Salaries or wages shall be paid at a minimum on a monthly
basis. Any school employee whose employment ends during a school term,
regardless of the reason(s) the employment ended, shall be paid salary or wages
only for that portion of the school term that employee actually worked.
Nothing in this section shall be construed to entitle any employee to payment
of salary or wages when no work has been performed.
SECTION 2. Section 37-151-103, Mississippi Code of 1972, is amended as follows:
37-151-103. (1) Funds due
each school district under the terms of this chapter from the Adequate
Education Program Fund shall be paid in the following manner: * * * Two (2) business days prior to
the last working day of each month * * *
there shall be paid to each school district by electronic funds transfer one-twelfth
(1/12) of the funds to which the district is entitled from funds appropriated
for the Adequate Education Program Fund. * * * All school
districts shall process a single monthly payroll with electronic settlement of
payroll checks secured through direct deposit of net pay for all school
district employees. In addition, the State Department of Education may pay
school districts from the common school fund and the Adequate Education Program
Fund on a date earlier than provided for by this section if it is determined
that it is in the best interest of school districts to do so.
Provided, however, that if the cash balance in the State General Fund is not adequate on the due date to pay the amounts due to all school districts in the state as determined by the State Superintendent of Education, the State Fiscal Officer shall not transfer said funds payable to any school district or districts until money is available to pay the amount due to all districts.
(2) Notwithstanding any provision of this chapter or any other law requiring the number of children in average daily attendance or the average daily attendance of transported children to be determined on the basis of the preceding year, the State Board of Education is hereby authorized and empowered to make proper adjustments in allotments in cases where major changes in the number of children in average daily attendance or the average daily attendance of transported children occurs from one year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in average daily attendance or the average daily attendance of transported children during the current school year as compared with the preceding year.
(3) In the event of an inordinately large number of absentees in any school district as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining average daily attendance under the adequate education program shall be based upon the average daily attendance for the preceding school year for such school district.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.