MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education; Appropriations
By: Senator(s) Wiggins, Tollison, Burton, Butler (36th), Dawkins, Hale, Horhn, Jackson (11th), Jordan, Montgomery, Stone
AN ACT TO AUTHORIZE AND DIRECT THE STATE DEPARTMENT OF EDUCATION TO IMPLEMENT A PREKINDERGARTEN PROGRAM IN THE STATE OF MISSISSIPPI ON A PHASED-IN BASIS; TO AMEND SECTION 37-21-51, MISSISSIPPI CODE OF 1972, TO TRANSFER THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT OF HUMAN SERVICES RELATIVE TO THE "EARLY LEARNING COLLABORATIVE ACT" TO THE STATE DEPARTMENT OF EDUCATION, TO REDESIGNATE THE PREKINDERGARTEN PROGRAM AS THE "EARLY LEARNING COLLABORATIVE ACT OF 2013," TO COMMIT FUNDING OF THE "EARLY LEARNING COLLABORATIVE ACT OF 2013" ON A PHASED-IN BASIS; TO AMEND SECTION 37-21-53, MISSISSIPPI CODE OF 1972, TO DESIGNATE AND EMPOWER THE STATE EARLY CHILDHOOD ADVISORY COUNCIL (SECAC) AND PRESCRIBE ITS RESPONSIBILITIES TO ASSIST THE STATE DEPARTMENT OF EDUCATION IN IMPLEMENTING THE "EARLY LEARNING COLLABORATIVE ACT OF 2013" PURSUANT TO FEDERAL LAW; TO AMEND SECTION 37-7-301, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LOCAL SCHOOL DISTRICTS TO IMPLEMENT THE "EARLY LEARNING COLLABORATIVE ACT OF 2013"; TO AMEND SECTIONS 37-21-3 AND 37-21-5, MISSISSIPPI CODE OF 1972, TO PROVIDE QUALIFICATIONS FOR STATE OR FEDERAL FUNDED EARLY CHILDHOOD EDUCATION PROGRAM PERSONNEL; TO PROVIDE FOR A STATE INCOME TAX CREDIT FOR CONTRIBUTIONS TO QUALIFIED PREKINDERGARTEN PROGRAMS; TO REPEAL SECTION 37-21-55, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE EARLY CHILDHOOD SERVICES ADVISORY COMMITTEE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-21-51, Mississippi Code of 1972, is amended as follows:
37-21-51. (1) As used in * * * Section 37-21-51 * * *:
(a) "Preschool or prekindergarten children" means any children who have not entered kindergarten but will have obtained four (4) years of age on or before September 1 of a school year.
(b) An "early learning collaborative" is a district or countywide council that writes and submits an application to participate in the voluntary prekindergarten program. An early learning collaborative is comprised, at a minimum, of a public school district and/or a local Head Start affiliate, private or parochial schools, or one or more licensed child care centers. Agencies or other organizations that work with young children and their families may also participate in the collaborative to provide resources and coordination even if those agencies or organizations are not prekindergarten providers.
(c) A "prekindergarten provider" is a public, private or parochial school, licensed childcare center or Head Start center that serves prekindergarten children and participates in the voluntary prekindergarten program.
(d) A "lead partner" is a public school district or other nonprofit entity with the instructional expertise and operational capacity to manage the early learning collaborative's prekindergarten program as described in the collaborative's approved application for funds. The lead partner serves as the fiscal agent for the collaborative and shall disburse awarded funds in accordance with the collaborative's approved application. The lead partner must facilitate a professional learning community for the teachers in the prekindergarten program and lead the collaborative. The lead partner ensures that the collaborative adopts and implements curriculum and assessments that align with the comprehensive early learning standards.
(e) "Comprehensive early learning standards" are standards adopted by the State Board of Education that address the highest level of fundamental domains of early learning to include, but not be limited to, physical well-being and motor development, social/emotional development, approaches toward learning, language development and cognition and general knowledge. The comprehensive early learning standards shall also include standards for emergent literacy skills, including oral communication, knowledge of print and letters, phonological and phonemic awareness, and vocabulary and comprehension development.
(f) A "research-based curriculum" is an age-appropriate curriculum that is based on the findings of current research and has been found to be effective in improving student learning based on the results of rigorous evaluations.
(2) To ensure that all children have access to quality early childhood education and development services, the Legislature finds and declares the following:
(a) Parents have the primary duty to educate their young preschool children;
(b) The State of
Mississippi can assist and educate parents in their role as the primary
caregivers and educators of young preschool children; * * *
(c) There is a need to
explore innovative approaches and strategies for aiding parents and families in
the education and development of young preschool children * * *; and
(d) There exists a patchwork of prekindergarten entities but no coordination of services and there needs to be a coordination of these services.
(3) (a) This subsection
shall be known and may be cited as the "Early Learning Collaborative Act
of * * * 2013."
(b) Effective with
the 2013-2014 school year, the Mississippi State Department of * * * Education shall * * * establish a voluntary * * * prekindergarten
program, which shall be a collaboration among the entities providing prekindergarten
programs including Head Start, licensed child care facilities and licensed
public, parochial and private school prekindergarten programs. This program
shall be implemented no later than the 2014-2015 school year. Enrollment
in the * * *
prekindergarten program shall be coordinated with the Head Start agencies in
the local areas and shall not be permitted to cause a reduction in children
served by the Head Start program. Under this program, eligible entities may
submit an application for funds to (i) defray the cost of additional and/or
more qualified teaching staff, appropriate educational materials and
equipment and to improve the quality of educational experiences offered to four-year-old
children in * * * early care and education programs, and/or to (ii)
extend developmentally appropriate education services at such * * * programs currently serving
four-year-old children to include practices of high quality instruction, and to
(iii) administer, implement, monitor and evaluate the programs. * * *
(c) Subject to the
availability of funds appropriated therefor, the State Department of * * * Education shall * * * administer the implementation,
monitoring and evaluation of the voluntary prekindergarten program, including
awards and the application process.
(i) The department shall establish a rigorous application process for the awarding of funds. Lead partners shall submit the applications on behalf of their early learning collaborative.
(ii) The department will establish monitoring policies and procedures that, at a minimum, will include at least one (1) site visit a year.
(iii) The department will provide technical assistance to collaboratives and their providers to improve the quality of prekindergarten programs.
(iv) The department will evaluate the effectiveness of each early childhood collaborative and each prekindergarten provider. If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall adopt a minimum rate of readiness that each prekindergarten provider must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program must submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.
(d) * * * Prekindergarten
program funds shall be awarded to * * * early childhood
collaboratives whose proposed programs * * * meet the program criteria * * *. The
criteria * * * shall include, but
not be limited to:
(i)
Voluntary enrollment of children; * * *
(ii) Collaboration among prekindergarten providers and other early childhood programs through the establishment of an early learning collaborative;
(iii) Qualifications of master teachers, teachers and assistants, which must conform to guidelines in Section 37-21-3;
(iv) At least fifteen (15) hours of annual professional development for program instructional staff, including professional development in early literacy;
(v) The use of state-adopted comprehensive early learning standards;
(vi) The use of a research-based curriculum that is designed to prepare students to be ready for kindergarten, with emphasis in early literacy, and is aligned with the comprehensive early learning standards;
(vii) The use of age-appropriate assessments aligned to the comprehensive early learning standards;
(viii) Teacher/child ratios of one (1) adult for every ten (10) children with a maximum of twenty (20) children per classroom and a minimum of five (5) children per classroom;
(ix) The provision of at least one (1) meal meeting state and federal nutrition guidelines for young children;
(x) Plans to screen and/or refer children for vision, hearing and other health issues;
(xi) Parent involvement opportunities;
(xii) Plans to serve children with disabilities as indicated under IDEA;
(xiii) The number of instructional hours to be provided, which shall equal no less than five hundred forty (540) instructional hours per school year for half-day programs and one thousand eighty (1,080) instructional hours per school year for full-day programs; and
(xiv) A budget detailing the use of funds for allowed expenses.
Participating childcare centers shall meet state child care facility licensure requirements as well as have a rating of at least a "3" on the Quality Rating and Improvement Scale. Participating Head Start centers must meet state child care facility licensure standards when applicable as well as be in compliance with federal Head Start program guidelines.
Within the prekindergarten program, a prekindergarten provider must comply with the antidiscrimination requirements applicable to public schools. A prekindergarten provider may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the prekindergarten program, in violation of these antidiscrimination requirements. However, a prekindergarten provider may refuse to admit a child based on the provider's standard eligibility guidelines, provided that these guidelines do not violate the antidiscrimination requirements.
The State Department of Education may add program criteria not inconsistent with these requirements and shall develop policies and procedures to implement and enforce these criteria.
(e) The State Department of Education shall ensure that early learning collaboratives provide each parent enrolling a child in the voluntary prekindergarten program with a profile of every prekindergarten provider participating in the collaborative's geographic catchment area. The State Department of Education shall prescribe the information to be included in each profile as well as the format of the profiles. At a minimum, the profiles must include the prekindergarten provider's services, curriculum, instructor credentials and instructor-to-student ratio.
( * * *f) * * * A teacher, assistant teacher or
other employee whose salary and fringe benefits are paid from * * * state funds
under this act shall * * * only be * * * classified as a state or
local school district * * * employee * * * eligible for state
health insurance benefits or membership in the Public Employees' Retirement
System, if the person's employer is already an agency or instrumentality of
the state, such as a school district, and the employee would be eligible for
such benefits in the normal course of business..
( * * *g) * * *
Funding shall be provided * * * subject to appropriation for this program beginning
with the * * *
2014 fiscal year subject to appropriation by the Legislature as
provided in paragraph (h) of this subsection. The department shall make an
annual report to the Legislature and the Governor regarding the effectiveness
of the program as determined by the school readiness of participants.
( * * *h) (i) The Legislature shall
appropriate funds to implement the Early Education Collaborative Act of 2013 on
a phased-in basis as follows:
1. The first phase shall be based an annual state appropriation of not less than Eight Million Dollars ($8,000,000.00) and shall serve approximately three thousand five hundred (3,500) children through five (5) to eight (8) early learning collaboratives and their prekindergarten providers;
2. The second phase shall be based on an annual state appropriation of not less than Sixteen Million Dollars ($16,000,000.00) and shall serve approximately seven thousand (7,000) children through ten (10) to fifteen (15) early learning collaboratives and their prekindergarten providers;
3. The third phase shall be based on an annual state appropriation of not less than Thirty-three Million Nine Hundred Fifty Thousand Dollars ($33,950,000.00) and shall serve approximately fifteen thousand (15,000) children through twenty (20) to twenty-five (25) early learning collaboratives and their prekindergarten providers.
(ii) Future phases shall be based on interest in the program and the effectiveness of the program as determined by the school readiness of participants. Each phase shall last for at least three (3) years but no more than five (5) years. The State Department of Education shall determine when to move to a new phase of the program, within the timeline provided herein.
(iii) Funding will be provided to early learning collaboratives on the basis of Two Thousand One Hundred Fifty Dollars ($2,150.00) per student in a full-day program and One Thousand Seventy-five Dollars ($1,075.00) per student in a half-day program proposed in the collaborative's approved application. Once an early learning collaborative's plan is approved and funded, the collaborative and/or its prekindergarten providers shall receive funds on an ongoing basis unless the collaborative and/or its prekindergarten providers no longer meet the criteria to participate in the program.
(iv) Early learning collaboratives shall match state funds on a 1:1 basis. Local matching funds may include local tax dollars, federal dollars as allowed, parent tuition, philanthropic contributions, or in-kind donations of facilities, equipment and services required as part of the program such as food service or health screenings.
(v) The State Department of Education shall reserve no more than five percent (5%) of the appropriation in any year for administrative costs. Funds remaining after awards to early learning collaboratives and the department's administrative needs are met may be carried over in the following year. In the first year of implementation of the program, the department may delay the awarding of funds until the 2014-2015 school year should time not be sufficient to establish the program's operation prior to the 2013-2014 school year.
(vi) In the initial phase of implementation, the State Department of Education shall award state funds under the Early Learning Collaborative Act of 2013 based on a community's capacity, commitment and need. To determine capacity, the State Department of Education shall require evidence of existing strong local collaborations of early education stakeholders. Such evidence may include, but not be limited to, collaborations resulting from participation in Excel By 5, Supporting Partnerships to Assure Ready Kids (SPARK), the Gilmore Early Learning Initiative (GELI), or other similar community-wide collaboration efforts. In addition to participation in the above-named improvement programs, partnerships between local collaborations or their stakeholders and other capacity-building programs such as Mississippi Building Blocks or the Mississippi Department of Human Services' Allies for Quality Care, as well as ongoing high-quality prekindergarten programs, may be considered as evidence of a local collaboration's commitment to prekindergarten and the improvement of local options. In determining community need, the department shall consider low academic achievement within the public school district(s) participating in an applicant early learning collaborative, the number and percentage of children without quality prekindergarten options, and/or other compelling evidence of need.
SECTION 2. Section 37-21-53, Mississippi Code of 1972, is amended as follows:
37-21-53. (1) The * * *
State Early Childhood Advisory Council (SECAC) is created (a) to
assist the State Department of Education with the implementation of the Early
Learning Collaborative Act of 2013, (b) to ensure coordination among the
various agencies and programs serving preschool children in order to support
school district's efforts to achieve the goal of readiness to start school, (c)
to facilitate communication, cooperation and maximum use of resources and to
promote high standards for all programs serving preschool children and their
families in Mississippi, and (d)
to serve as the designated council for early childhood education and care
pursuant to federal Public Law 110-134.
(2) The membership of the * * * State Early Childhood Advisory Council
(SECAC) in accordance with Public Law 110-134, shall include, to the extent
possible:
(a) * * * A
representative of the Mississippi Department of Human Services;
(b) * * *
A representative of the Mississippi Department of Education;
(c) * * *
A representative of local educational agencies;
(d) * * * A representative of Mississippi Institutions of Higher
Education;
(e) * * * A representative of local providers of early
childhood education and care services;
(f) * * * A representative from Head Start
agencies located in the state, including Indian Head Start programs and migrant
and seasonal Head Start programs as available;
(g) * * * The
State Director of Head Start Collaboration;
(h) * * * The Part C Coordinator and/or the Section
619 Coordinator of programs under the Individuals with Disabilities Education
Act (20 USC 1419, 1431 et seq.);
(i) * * * A representative of the Mississippi Department of
Health;
(j) A representative of the Mississippi Department of Mental Health; and
(k) Representatives of other entities deemed relevant by the Governor.
(3) The council shall meet
upon call of the Governor * * * before August 1, 2000, and shall organize for business by
selecting a chairman, who shall serve for a one-year term and may be selected
for subsequent terms. The council shall adopt internal organizational
procedures necessary for efficient operation of the council. Council
procedures must include duties of officers, a process for selecting officers,
quorum requirements for conducting business and policies for any council
staff. Each member of the council shall designate necessary staff of their
departments to assist the council in performing its duties and
responsibilities. The council shall meet and conduct business at least twice
annually. Meetings of the council must be open to the public, and opportunity
for public comment must be made available at each meeting. The chairman of the
council shall notify all persons who request such notice as to the date, time
and place of each meeting.
(4) The * * *
State Early Childhood Advisory Council (SECAC) shall perform each of the
following duties:
(a) * * * Build on the existing early
care and education system and to develop a strong infrastructure supporting
collaboration, coordination and equitable access to quality services and
supports;
(b) * * * Carry out the duties and functions specified in
Public Law 110-134, including:
(i) Periodically conducting a statewide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including assessing the availability of high-quality prekindergarten services for low-income children in Mississippi;
(ii) Identifying opportunities for, and barriers to, collaboration and coordination among federally funded and state-funded child development, child care, and early childhood education programs and services, including collaboration and coordination among state agencies responsible for administering such programs;
(iii) Developing recommendations for increasing the overall participation of children in existing federal, state and local child care and early childhood education programs, including outreach to underrepresented and special populations;
(iv) Developing recommendations regarding the establishment of a unified data collection system for early childhood education and development programs and services throughout Mississippi;
(v) Developing recommendations regarding statewide professional development and career advancement plans for early childhood educators in Mississippi;
(vi) Assess the capacity and effectiveness of two- and four-year public and private institutions of higher education in Mississippi toward supporting the development of early childhood educators, including the extent to which such institutions have in place articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in a Head Start or prekindergarten program; and
(vii) Make recommendations for improvements in the State Early Learning Guidelines and undertake efforts to develop high quality comprehensive early learning standards, as appropriate;
(c) * * * Hold public hearings and/or provide
opportunities for public comment on the activities described above in
accordance with Public Law 110-134;
(d) * * * Submit
a statewide strategic report addressing council activities to the State
Director of Head Start Collaboration and the Governor, in accordance with
Public Law 110-134; and
(e) * * *
Meet periodically to review the implementation of recommendations contained in the statewide strategic report and to address any changes in state and local needs, in accordance with Public Law 110-134.
* * *
SECTION 3. Section 37-7-301, Mississippi Code of 1972, is amended as follows:
37-7-301. The school boards of all school districts shall have the following powers, authority and duties in addition to all others imposed or granted by law, to wit:
(a) To organize and operate the schools of the district and to make such division between the high school grades and elementary grades as, in their judgment, will serve the best interests of the school;
(b) To introduce public school music, art, manual training and other special subjects into either the elementary or high school grades, as the board shall deem proper;
(c) To be the custodians of real and personal school property and to manage, control and care for same, both during the school term and during vacation;
(d) To have responsibility for the erection, repairing and equipping of school facilities and the making of necessary school improvements;
(e) To suspend or to expel a pupil or to change the placement of a pupil to the school district's alternative school or homebound program for misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil, in the determination of the school superintendent or principal, renders that pupil's presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, and to delegate such authority to the appropriate officials of the school district;
(f) To visit schools in the district, in their discretion, in a body for the purpose of determining what can be done for the improvement of the school in a general way;
(g) To support, within reasonable limits, the superintendent, principal and teachers where necessary for the proper discipline of the school;
(h) To exclude from the schools students with what appears to be infectious or contagious diseases; provided, however, such student may be allowed to return to school upon presenting a certificate from a public health officer, duly licensed physician or nurse practitioner that the student is free from such disease;
(i) To require those vaccinations specified by the State Health Officer as provided in Section 41-23-37;
(j) To see that all necessary utilities and services are provided in the schools at all times when same are needed;
(k) To authorize the use of the school buildings and grounds for the holding of public meetings and gatherings of the people under such regulations as may be prescribed by said board;
(l) To prescribe and enforce rules and regulations not inconsistent with law or with the regulations of the State Board of Education for their own government and for the government of the schools, and to transact their business at regular and special meetings called and held in the manner provided by law;
(m) To maintain and operate all of the schools under their control for such length of time during the year as may be required;
(n) To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities;
(o) To make orders directed to the superintendent of schools for the issuance of pay certificates for lawful purposes on any available funds of the district and to have full control of the receipt, distribution, allotment and disbursement of all funds provided for the support and operation of the schools of such school district whether such funds be derived from state appropriations, local ad valorem tax collections, or otherwise. The local school board shall be authorized and empowered to promulgate rules and regulations that specify the types of claims and set limits of the dollar amount for payment of claims by the superintendent of schools to be ratified by the board at the next regularly scheduled meeting after payment has been made;
(p) To select all school district personnel in the manner provided by law, and to provide for such employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by the board;
(q) To provide athletic programs and other school activities and to regulate the establishment and operation of such programs and activities;
(r) To join, in their discretion, any association of school boards and other public school-related organizations, and to pay from local funds other than minimum foundation funds, any membership dues;
(s) To expend local school activity funds, or other available school district funds, other than minimum education program funds, for the purposes prescribed under this paragraph. "Activity funds" shall mean all funds received by school officials in all school districts paid or collected to participate in any school activity, such activity being part of the school program and partially financed with public funds or supplemented by public funds. The term "activity funds" shall not include any funds raised and/or expended by any organization unless commingled in a bank account with existing activity funds, regardless of whether the funds were raised by school employees or received by school employees during school hours or using school facilities, and regardless of whether a school employee exercises influence over the expenditure or disposition of such funds. Organizations shall not be required to make any payment to any school for the use of any school facility if, in the discretion of the local school governing board, the organization's function shall be deemed to be beneficial to the official or extracurricular programs of the school. For the purposes of this provision, the term "organization" shall not include any organization subject to the control of the local school governing board. Activity funds may only be expended for any necessary expenses or travel costs, including advances, incurred by students and their chaperons in attending any in-state or out-of-state school-related programs, conventions or seminars and/or any commodities, equipment, travel expenses, purchased services or school supplies which the local school governing board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district, including items which may subsequently become the personal property of individuals, including yearbooks, athletic apparel, book covers and trophies. Activity funds may be used to pay travel expenses of school district personnel. The local school governing board shall be authorized and empowered to promulgate rules and regulations specifically designating for what purposes school activity funds may be expended. The local school governing board shall provide (i) that such school activity funds shall be maintained and expended by the principal of the school generating the funds in individual bank accounts, or (ii) that such school activity funds shall be maintained and expended by the superintendent of schools in a central depository approved by the board. The local school governing board shall provide that such school activity funds be audited as part of the annual audit required in Section 37-9-18. The State Department of Education shall prescribe a uniform system of accounting and financial reporting for all school activity fund transactions;
(t) To contract, on a shared savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as provided for in Section 31-7-14, not to exceed ten (10) years;
(u) To maintain accounts and issue pay certificates on school food service bank accounts;
(v) (i) To lease a school building from an individual, partnership, nonprofit corporation or a private for-profit corporation for the use of such school district, and to expend funds therefor as may be available from any nonminimum program sources. The school board of the school district desiring to lease a school building shall declare by resolution that a need exists for a school building and that the school district cannot provide the necessary funds to pay the cost or its proportionate share of the cost of a school building required to meet the present needs. The resolution so adopted by the school board shall be published once each week for three (3) consecutive weeks in a newspaper having a general circulation in the school district involved, with the first publication thereof to be made not less than thirty (30) days prior to the date upon which the school board is to act on the question of leasing a school building. If no petition requesting an election is filed prior to such meeting as hereinafter provided, then the school board may, by resolution spread upon its minutes, proceed to lease a school building. If at any time prior to said meeting a petition signed by not less than twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the school district involved shall be filed with the school board requesting that an election be called on the question, then the school board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon the question of authorizing the school board to lease a school building. Such election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the questions of the issuance of the bonds of school districts, and the results thereof shall be certified to the school board. If at least three-fifths (3/5) of the qualified electors of the school district who voted in such election shall vote in favor of the leasing of a school building, then the school board shall proceed to lease a school building. The term of the lease contract shall not exceed twenty (20) years, and the total cost of such lease shall be either the amount of the lowest and best bid accepted by the school board after advertisement for bids or an amount not to exceed the current fair market value of the lease as determined by the averaging of at least two (2) appraisals by certified general appraisers licensed by the State of Mississippi. The term "school building" as used in this paragraph (v)(i) shall be construed to mean any building or buildings used for classroom purposes in connection with the operation of schools and shall include the site therefor, necessary support facilities, and the equipment thereof and appurtenances thereto such as heating facilities, water supply, sewage disposal, landscaping, walks, drives and playgrounds. The term "lease" as used in this paragraph (v)(i) may include a lease/purchase contract;
(ii) If two (2) or more school districts propose to enter into a lease contract jointly, then joint meetings of the school boards having control may be held but no action taken shall be binding on any such school district unless the question of leasing a school building is approved in each participating school district under the procedure hereinabove set forth in paragraph (v)(i). All of the provisions of paragraph (v)(i) regarding the term and amount of the lease contract shall apply to the school boards of school districts acting jointly. Any lease contract executed by two (2) or more school districts as joint lessees shall set out the amount of the aggregate lease rental to be paid by each, which may be agreed upon, but there shall be no right of occupancy by any lessee unless the aggregate rental is paid as stipulated in the lease contract. All rights of joint lessees under the lease contract shall be in proportion to the amount of lease rental paid by each;
(w) To employ all noninstructional and noncertificated employees and fix the duties and compensation of such personnel deemed necessary pursuant to the recommendation of the superintendent of schools;
(x) To employ and fix the duties and compensation of such legal counsel as deemed necessary;
(y) Subject to rules and regulations of the State Board of Education, to purchase, own and operate trucks, vans and other motor vehicles, which shall bear the proper identification required by law;
(z) To expend funds for the payment of substitute teachers and to adopt reasonable regulations for the employment and compensation of such substitute teachers;
(aa) To acquire in its own name by purchase all real property which shall be necessary and desirable in connection with the construction, renovation or improvement of any public school building or structure. Whenever the purchase price for such real property is greater than Fifty Thousand Dollars ($50,000.00), the school board shall not purchase the property for an amount exceeding the fair market value of such property as determined by the average of at least two (2) independent appraisals by certified general appraisers licensed by the State of Mississippi. If the board shall be unable to agree with the owner of any such real property in connection with any such project, the board shall have the power and authority to acquire any such real property by condemnation proceedings pursuant to Section 11-27-1 et seq., Mississippi Code of 1972, and for such purpose, the right of eminent domain is hereby conferred upon and vested in said board. Provided further, that the local school board is authorized to grant an easement for ingress and egress over sixteenth section land or lieu land in exchange for a similar easement upon adjoining land where the exchange of easements affords substantial benefit to the sixteenth section land; provided, however, the exchange must be based upon values as determined by a competent appraiser, with any differential in value to be adjusted by cash payment. Any easement rights granted over sixteenth section land under such authority shall terminate when the easement ceases to be used for its stated purpose. No sixteenth section or lieu land which is subject to an existing lease shall be burdened by any such easement except by consent of the lessee or unless the school district shall acquire the unexpired leasehold interest affected by the easement;
(bb) To charge reasonable fees related to the educational programs of the district, in the manner prescribed in Section 37-7-335;
(cc) Subject to rules and regulations of the State Board of Education, to purchase relocatable classrooms for the use of such school district, in the manner prescribed in Section 37-1-13;
(dd) Enter into contracts or agreements with other school districts, political subdivisions or governmental entities to carry out one or more of the powers or duties of the school board, or to allow more efficient utilization of limited resources for providing services to the public;
(ee) To provide for in-service training for employees of the district;
(ff) As part of their duties to prescribe the use of textbooks, to provide that parents and legal guardians shall be responsible for the textbooks and for the compensation to the school district for any books which are not returned to the proper schools upon the withdrawal of their dependent child. If a textbook is lost or not returned by any student who drops out of the public school district, the parent or legal guardian shall also compensate the school district for the fair market value of the textbooks;
(gg) To conduct fund-raising activities on behalf of the school district that the local school board, in its discretion, deems appropriate or beneficial to the official or extracurricular programs of the district; provided that:
(i) Any proceeds of the fund-raising activities shall be treated as "activity funds" and shall be accounted for as are other activity funds under this section; and
(ii) Fund-raising activities conducted or authorized by the board for the sale of school pictures, the rental of caps and gowns or the sale of graduation invitations for which the school board receives a commission, rebate or fee shall contain a disclosure statement advising that a portion of the proceeds of the sales or rentals shall be contributed to the student activity fund;
(hh) To allow individual lessons for music, art and other curriculum-related activities for academic credit or nonacademic credit during school hours and using school equipment and facilities, subject to uniform rules and regulations adopted by the school board;
(ii) To charge reasonable fees for participating in an extracurricular activity for academic or nonacademic credit for necessary and required equipment such as safety equipment, band instruments and uniforms;
(jj) To conduct or participate in any fund-raising activities on behalf of or in connection with a tax-exempt charitable organization;
(kk) To exercise such powers as may be reasonably necessary to carry out the provisions of this section;
(ll) To expend funds for the services of nonprofit arts organizations or other such nonprofit organizations who provide performances or other services for the students of the school district;
(mm) To expend federal No Child Left Behind Act funds, or any other available funds that are expressly designated and authorized for that use, to pay training, educational expenses, salary incentives and salary supplements to employees of local school districts; except that incentives shall not be considered part of the local supplement as defined in Section 37-151-5(o), nor shall incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1). Mississippi Adequate Education Program funds or any other state funds may not be used for salary incentives or salary supplements as provided in this paragraph (mm);
(nn) To use any available funds, not appropriated or designated for any other purpose, for reimbursement to the state-licensed employees from both in state and out of state, who enter into a contract for employment in a school district, for the expense of moving when the employment necessitates the relocation of the licensed employee to a different geographical area than that in which the licensed employee resides before entering into the contract. The reimbursement shall not exceed One Thousand Dollars ($1,000.00) for the documented actual expenses incurred in the course of relocating, including the expense of any professional moving company or persons employed to assist with the move, rented moving vehicles or equipment, mileage in the amount authorized for county and municipal employees under Section 25-3-41 if the licensed employee used his personal vehicle or vehicles for the move, meals and such other expenses associated with the relocation. No licensed employee may be reimbursed for moving expenses under this section on more than one (1) occasion by the same school district. Nothing in this section shall be construed to require the actual residence to which the licensed employee relocates to be within the boundaries of the school district that has executed a contract for employment in order for the licensed employee to be eligible for reimbursement for the moving expenses. However, the licensed employee must relocate within the boundaries of the State of Mississippi. Any individual receiving relocation assistance through the Critical Teacher Shortage Act as provided in Section 37-159-5 shall not be eligible to receive additional relocation funds as authorized in this paragraph;
(oo) To use any available funds, not appropriated or designated for any other purpose, to reimburse persons who interview for employment as a licensed employee with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview at the rate authorized for county and municipal employees under Section 25-3-41;
(pp) Consistent with the report of the Task Force to Conduct a Best Financial Management Practices Review, to improve school district management and use of resources and identify cost savings as established in Section 8 of Chapter 610, Laws of 2002, local school boards are encouraged to conduct independent reviews of the management and efficiency of schools and school districts. Such management and efficiency reviews shall provide state and local officials and the public with the following:
(i) An assessment of a school district's governance and organizational structure;
(ii) An assessment of the school district's financial and personnel management;
(iii) An assessment of revenue levels and sources;
(iv) An assessment of facilities utilization, planning and maintenance;
(v) An assessment of food services, transportation and safety/security systems;
(vi) An assessment of instructional and administrative technology;
(vii) A review of the instructional management and the efficiency and effectiveness of existing instructional programs; and
(viii) Recommended methods for increasing efficiency and effectiveness in providing educational services to the public;
(qq) To enter into agreements with other local school boards for the establishment of an educational service agency (ESA) to provide for the cooperative needs of the region in which the school district is located, as provided in Section 37-7-345;
(rr) To implement a financial literacy program for students in Grades 10 and 11. The board may review the national programs and obtain free literature from various nationally recognized programs. After review of the different programs, the board may certify a program that is most appropriate for the school districts' needs. If a district implements a financial literacy program, then any student in Grade 10 or 11 may participate in the program. The financial literacy program shall include, but is not limited to, instruction in the same areas of personal business and finance as required under Section 37-1-3(2)(b). The school board may coordinate with volunteer teachers from local community organizations, including, but not limited to, the following: United States Department of Agriculture Rural Development, United States Department of Housing and Urban Development, Junior Achievement, bankers and other nonprofit organizations. Nothing in this paragraph shall be construed as to require school boards to implement a financial literacy program;
(ss) To collaborate
with the State Board of Education, Community Action Agencies or the Department
of Human Services to develop and implement a voluntary program to provide
services for a prekindergarten program that addresses the cognitive, social,
and emotional needs of four-year-old and three-year-old children. The school
board may utilize any source of available revenue to fund the voluntary program * * *. Effective with the 2013-2014 school year, to implement voluntary prekindergarten
programs under the Early Learning Collaborative Act of 2013 pursuant to state
funds awarded by the State Department of Education on a matching basis;
(tt) With respect to any lawful, written obligation of a school district, including, but not limited to, leases (excluding leases of sixteenth section public school trust land), bonds, notes, or other agreement, to agree in writing with the obligee that the Department of Revenue or any state agency, department or commission created under state law may:
(i) Withhold all or any part (as agreed by the school board) of any monies which such local school board is entitled to receive from time to time under any law and which is in the possession of the Department of Revenue, or any state agency, department or commission created under state law; and
(ii) Pay the same over to any financial institution, trustee or other obligee, as directed in writing by the school board, to satisfy all or part of such obligation of the school district.
The school board may make such written agreement to withhold and transfer funds irrevocable for the term of the written obligation and may include in the written agreement any other terms and provisions acceptable to the school board. If the school board files a copy of such written agreement with the Department of Revenue, or any state agency, department or commission created under state law then the Department of Revenue or any state agency, department or commission created under state law shall immediately make the withholdings provided in such agreement from the amounts due the local school board and shall continue to pay the same over to such financial institution, trustee or obligee for the term of the agreement.
This paragraph (tt) shall not grant any extra authority to a school board to issue debt in any amount exceeding statutory limitations on assessed value of taxable property within such school district or the statutory limitations on debt maturities, and shall not grant any extra authority to impose, levy or collect a tax which is not otherwise expressly provided for, and shall not be construed to apply to sixteenth section public school trust land;
(uu) With respect to any matter or transaction that is competitively bid by a school district, to accept from any bidder as a good-faith deposit or bid bond or bid surety, the same type of good-faith deposit or bid bond or bid surety that may be accepted by the state or any other political subdivision on similar competitively bid matters or transactions. This paragraph (uu) shall not be construed to apply to sixteenth section public school trust land. The school board may authorize the investment of any school district funds in the same kind and manner of investments, including pooled investments, as any other political subdivision, including community hospitals;
(vv) To utilize the alternate method for the conveyance or exchange of unused school buildings and/or land, reserving a partial or other undivided interest in the property, as specifically authorized and provided in Section 37-7-485, Mississippi Code of 1972;
(ww) To delegate, privatize or otherwise enter into a contract with private entities for the operation of any and all functions of nonacademic school process, procedures and operations including, but not limited to, cafeteria workers, janitorial services, transportation, professional development, achievement and instructional consulting services materials and products, purchasing cooperatives, insurance, business manager services, auditing and accounting services, school safety/risk prevention, data processing and student records, and other staff services; however, the authority under this paragraph does not apply to the leasing, management or operation of sixteenth section lands. Local school districts, working through their regional education service agency, are encouraged to enter into buying consortia with other member districts for the purposes of more efficient use of state resources as described in Section 37-7-345;
(xx) To partner with entities, organizations and corporations for the purpose of benefiting the school district;
(yy) To borrow funds from the Rural Economic Development Authority for the maintenance of school buildings;
(zz)
To fund and operate voluntary early childhood education programs, defined as
programs for children less than five (5) years of age on or before September 1,
and to use any source of revenue for such early childhood education programs.
Such programs shall not conflict with the Early Learning Collaborative Act of * * *
2013;
(aaa) To issue and provide for the use of procurement cards by school board members, superintendents and licensed school personnel consistent with the rules and regulations of the Mississippi Department of Finance and Administration under Section 31-7-9; and
(bbb) To conduct an annual comprehensive evaluation of the superintendent of schools consistent with the assessment components of paragraph (pp) of this section and the assessment benchmarks established by the Mississippi School Board Association to evaluate the success the superintendent has attained in meeting district goals and objectives, the superintendent's leadership skill and whether or not the superintendent has established appropriate standards for performance, is monitoring success and is using data for improvement.
SECTION 4. Section 37-21-3, Mississippi Code of 1972, is amended as follows:
37-21-3. No person shall
act in the capacity of master teacher, teacher or assistant
teacher * * * in any federal or state-funded program of early
childhood education or * * * "Head Start," or perform
any of the functions, duties or powers of the same, unless that person shall be
qualified in the following manner:
(a) A * * * master teacher or any other
employee or consultant receiving a salary or fee equivalent to that of a * * * master teacher * * * shall * * * meet
the qualifications of a teacher in this section, including the requirement that
a teacher may be required to hold a state teaching license by the State
Department of Education, and have demonstrated effectiveness as an early
childhood educator. Effectiveness as an early childhood educator may be
demonstrated by a rating of highly effective on a state evaluation of teaching,
if available, or with evidence that the teacher has a record of raising the
achievement outcomes of prekindergarten students.
(b) A teacher shall
possess a * * * bachelor's
degree in early childhood education, child development, or an equivalent
field. A teacher may also possess a bachelor's degree in any field as well as
have at least twelve (12) credit hours of coursework in early childhood
education, child development, or an equivalent field approved by an institution
granting a bachelor's degree in the early childhood education, child
development, or an equivalent field; or have a bachelor's degree in any field
as well as have completed a specialized early childhood training program deemed
equivalent by the State Department of Education to twelve (12) hours of
approved coursework.
(c) An assistant
teacher shall possess * * * an associate's degree in
early childhood education, child development, or an equivalent field; or an
associate's degree in any field and a Child Development Associate credential, a
Montessori certification, or an equivalent certification. Public school assistant
teachers in the voluntary prekindergarten program established by the Early
Learning Collaborative Act of 2013 may be required by the State Department of
Education to meet the definition of a highly qualified paraprofessional in
addition to these requirements.
* * *
The State Department of Education shall adopt any necessary rules, policies or procedures to implement this section.
SECTION 5. Section 37-21-5, Mississippi Code of 1972, is amended as follows:
37-21-5. The * * * State
Department of Education of the State of Mississippi is vested with the
authority to enforce the provisions of Sections 37-21-1 through 37-21-5. The * * * department shall have the
authority to make investigations and to require such proof of qualification as
may be necessary for the enforcement of Sections 37-21-1 through 37-21-5. * * *
SECTION 6. This section shall be codified in Title 27, Chapter 7 of the Mississippi Code of 1972, as follows:
(1) There shall be allowed as a credit against the tax imposed by Section 27-7-5 the amount of the qualified prekindergarten program support contributions paid to approved providers, lead partners or collaboratives, not to exceed One Million Dollars ($1,000,000.00), by any individual, corporation or other entity having taxable income under the laws of this state during calendar year 2013 or during any calendar year thereafter. In order to qualify for a tax credit, such contributions shall support the local match requirement of approved providers, lead partners or collaboratives as is necessary to match state-appropriated funds, and any such providers, lead partners or collaboratives shall be approved by the State Department of Education.
(2) Any unused portion of the credit may be carried forward for three (3) tax years.
(3) Any prekindergarten program support contribution shall be verified by submission to the Mississippi Department of Revenue of a copy of the receipt provided to the donor taxpayer by the prekindergarten program recipient or such other written verification as may be required by the Department of Revenue.
(4) The maximum amount of donations accepted by the Department of Revenue in calendar year 2014 shall not exceed Eight Million Dollars ($8,000,000.00), in calendar year 2015 shall not exceed Fifteen Million Dollars ($15,000,000.00), and in calendar year 2016 and calendar years thereafter shall not exceed Thirty-two Million Dollars ($32,000,000.00).
(5) The Mississippi Department of Revenue shall promulgate rules necessary to effectuate the purposes of this act. Such rules shall include a means of informing the public of the existence of the prekindergarten support program and the application process for provider, lead partner and collaborative candidates.
SECTION 7. Section 37-21-55, Mississippi Code of 1972, which establishes the Early Childhood Services Advisory Committee, is hereby repealed.
SECTION 8. This act shall take effect and be in force from and after July 1, 2013.