MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Appropriations

By: Representatives Frierson, Moore, Arnold, Banks, Barker, Beckett, Bennett, Bounds, Brown, Busby, Clarke, Cockerham, Coleman, Currie, DeLano, Denny, Eure, Gipson, Holland, Huddleston (30th), Ladner, Mettetal, Monsour, Read, Shows, Staples, Sullivan, Turner, Watson, Sykes

House Bill 1643

(As Sent to Governor)

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 2017.

     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, 2016, and ending June 30, 2017, 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... $   111,955,459.00.

(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..................................

........................................... $     76,077,258.00.

(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... $     21,024,015.00.

(d)  To the State Board of Education for defraying the expenses of the Mississippi Adequate Education Program..................

........................................... $  2,036,556,667.00.

(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...........$      9,618,184.00.

     TOTAL AMOUNT OF STATE GENERAL FUNDS APPROPRIATED

BY THIS SECTION BEING....................$  2,255,231,583.00.

     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, 2016, and ending June 30, 2017, 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 $   874,513,606.00.

(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..................................

........................................... $     20,962,954.00.

(c)  To the State Board of Education for the purpose of defraying the expenses of the Mississippi Adequate Education Program.... $    274,881,462.00.

(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........................ $      1,927,418.00.

     TOTAL AMOUNT OF SPECIAL FUNDS APPROPRIATED

BY THIS SECTION BEING................ $   1,172,285,440.00.

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:

Literacy Initiative and Assessment.... $      6,333,806.00.

Educable Child........................ $      7,000,000.00.

     Grants to school districts for capital

facilities and buses............. $     16,000,000.00.

Instructional materials............... $     12,000,000.00.

Students with Special Needs............ $     1,800,000.00.

Implementing Performance Based Data

          Collection and Accreditation

Model............................ $        274,937.00.

Testing............................... $      6,125,670.00.

Mississippi School for Math

and Science...................... $        125,000.00.

Mississippi School for Fine Arts...... $        125,000.00.

TOTAL................................. $     49,784,413.00.

(b)  To the State Department of Education to defray the expenses of the Vocational and Technical Education Division.............

........................................... $      4,937,258.00.

(c)  To the State Department of Education to provide funding for the Mississippi Adequate Education Program.....................

........................................... $    204,881,462.00.

(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...........$      1,207,037.00.

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..........       104

Part Time...........        0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2018 do not exceed Fiscal Year 2017 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2017 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 2017 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2017 "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.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     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:

                                                          FY2017

Performance Measures                                      Target

Special Education

     Number of Special Education Teachers (FTEs)        5,138.10

     2013-2014 IEP Students not Participating in

          Math Assessments                                 1,183

     2013-2014 Percentage of IEP Students

          not Participating in Statewide Math

          Assessments (%)                                   4.50

     2013-14 IEP Students not Participating in

          Statewide Reading Assessments                    1,163

     2013-14 Percentage of IEP Students

          not Participating in Statewide Reading

          Assessments (%)                                   4.50

     Number of Students with an IEP Graduating

          with a Standard Diploma                            892

Child Nutrition

     Sites Compliant with Fresh Fruit &

          Vegetable Program Standards (%)                 100.00

     Sites Compliant with the National School

          Lunch Program (%)                               100.00

     Sites Compliant with the School

          Breakfast Program                                  861

Graduation & Career Readiness

     Public High School 4-Year Graduation

          Rate for 2009-2010 Cohort (Number)              25,946

     Public High School 4-Year Graduation

          Rate for 2009-2010 Cohort (%)                    74.50

General Administration

     Total Dollars Spent on General

          Administration (Dollars)                 21,277,539.00

     Percentage of Total Dollars Spent on

          General Administration (%)                       17.10

     Turnover Rate at Central Office (%)                    5.80

Special Schools

     Number of Students Enrolled Annually

          at MSMS                                            245

     Amount of Scholarship Offerings for MSMS

          Students Attending College (Dollars)     22,000,000.00

     Percentage of MSMS Graduating Seniors

          Who Earn National Merit or

          National Achievement Semifinalist

          Status (%)                                       11.00

     Average ACT Composite Score

          for Graduating Seniors                           27.80

     Average Cost per Student to

          Attend MSMS (Dollars)                        18,437.00

     Average ACT Composite Score for Graduating

          Seniors at MS School for the Arts                   20

     Percentage of MS School for the Arts

          Graduating Seniors Receiving

          Scholarship Offers (%)                           75.00

Early Childhood Education

     Early Learning Collarborative Mean

          Scaled Score on the Kindergarten

          Readiness Assessment for Fall 2014              435.40

     Early Learning Collarborative Mean

          Scaled Score on the Kindergarten

          Readiness Assessment for Spring 2015            530.70

Teacher Training & Prof Development

     Statewide Percentage of 2015-2016

          Teachers with Alternative Route

          License (%)                                      10.60

     Statewide Percentage of 2015-2016

          Teachers with Five or More Years

          of Experience (%)                                69.90

     Statewide Percentage of 2015-2016

          Teachers with Ten or More Years

          of Experience (%)                                48.40

     Statewide Average Years of Experience

          for 2015-2016 Full-Time Teachers                    11

     Statewide Percentage of 2015-2016

          Teachers with Less than Three Years

          of Experience (%)                                19.30

     Number of Teachers Retained

          Statewide from Previous Year                    29,947

     Percentage of Teachers Retained

          Statewide from Previous Year (%)                 87.70

Elementary Education

     Number of Students Taking the Third

          Grade Reading Summative Assessment

          in May 2015                                     37,929

     Percentage of All 3rd Graders Enrolled in

          May 2015 that took the Third Grade Reading

          Summative Assessment (%)                         99.80

     Statewide Mean Scaled Score on the Third

          Grade Reading Summative Assessment                 980

     Minimum Passing Score on the Third

          Grade Reading Summative Assessment                 926

     Number of Students Scoring At or Above

          Passing Score on the Third Grade

          Reading Summative Assessment                    35,022

     Percentage of Students Scoring At or

          Above Passing Score on the Third

          Grade Reading Summative

          Assessment (%)                                   92.30

Secondary Education

     Statewide Mean ACT Composite Score

          for Juniors Testing in March                     17.60

     Number of 11th Graders Taking

          the ACT in May 2015                             29,947

     Percentage of All 11th Graders Enrolled

          in March 2015 that took the ACT (%).

     Number of Students Enrolled in One

          or More AP Course Grades 9 - 12                 13,365

     Percentage of Students Enrolled in

          One or More AP Course Grades

          9 - 12 (%)                                        9.90

Compulsory School Attendance

     Statewide 2009-2010 Cohort 4-Year

          Dropout Rate (%)                                 13.90

School Performance

     Percent of 2015-2016 Month 1 Net

          Membership in Schools with a

          2013-2014 Accountability Rating

          of A (%)                                         19.30

     Percent of 2015-2016 Month 1 Net

          Membership in Schools with a

          2013-2014 Accountability Rating

          of B (%)                                         29.50

     Percent of 2015-2016 Month 1 Net

          Membership in Schools with a

          2013-2014 Accountability Rating

          of C (%)                                         25.10

     Percent of 2015-2016 Month 1 Net

          Membership in Schools with a

          2013-2014 Accountability Rating

          of D (%)                                         12.80

     Percent of 2015-2016 Month 1 Net

          Membership in Schools with a

          2013-2014 Accountability Rating

          of F (%)                                          1.60

     Percent of 2015-2016 Month 1 Net

          Membership in Schools without a

          2013-2014 Accountability Rating (%).

     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 2018.

     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:

                                                          FY2017

Performance Measures                                      Target

Basic Program

     Increase Students Passing Algebra I

          Subject Area Test (SAPT2) (%)                     1.00

          2011-2012 Baseline: 81.90%

     Increase Students Passing Biology I

          Subject Area Test (SATP2) (%)                     2.00

          2011-2012 Baseline: 74.70%

     Increase Students Passing English II

          Subject Area Test (SATP2) (%)                     2.00

          2011-2012 Baseline: 73.10%

     Increase Students Passing US History

          Subject Area Test (SAPT2) (%)                     2.00

          2011-2012 Baseline: 72.90%

     Increase Students Scoring Proficient or Above

          on Mississippi Curriculum Test (MCT2) in

          Grades 3-8 in Reading/Language Arts (%)           2.50

          2011-2012 Baseline: 56.50%

     Increase Students Scoring Proficient

          or Above on Mississippi Curriculum

          Test (MCT2) in Grades 3-8 in Math (%)             2.50

          2011-2012 Baseline: 63.50%

     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 2018.

     SECTION 8.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided in this act shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the School for the Blind and Deaf 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:

                                                          FY2017

Performance Measures                                      Target

Instruction

     School for the Blind - Increase Graduation

          Rate for Visually Impaired Students (%)          70.00

          2011-2012 Baseline: 50.00%

     School for the Deaf - Increase Number of

          Students Receiving Standard &

          Occupational Diploma (%)                         87.00

          2011-2012 Baseline: 75.00%

Student Services

     School for the Blind - Increase Eligible High

          School Students Working Part-Time (%)            60.00

          2011-2012 Baseline: 34.00%

Operation & Maintenance

     Number of Persons Served Through

          Community Sign Language Classes                    160

     Number of Parents Served Through

          Community Sign Language Classes                     70

     SECTION 9.  No school district shall expend any funds, received under the School Ad Valorem Reduction Grant, unless such school district has specifically identified the amount of the grant within the published budget as required by Section 37-61-9, Mississippi Code of 1972.  The published budget shall include the following statement:  "Ad Valorem taxes will be $________ less as a result of the Ad Valorem Reduction Grants enacted by the Mississippi Legislature in 1992."

     SECTION 10.  Of the funds appropriated in Section 2, Two Million One Hundred Thousand Dollars ($2,100,000.00) shall be derived from the Technology in Classroom Fund 3203 for the purpose of defraying the expenses of the State Department of Education, excluding the expenses of the Vocational and Technical Education Division.

     SECTION 11.  Of the funds appropriated in Section 2, funds in the amount of One Million Dollars ($1,000,000.00) shall come from income derived from the principal of the Education Improvement Trust Fund created by Section 206A, Mississippi Constitution of 1890, and One Million Dollars ($1,000,000.00) shall be used for the School for Math and Science.

SECTION 12.  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...........       51

Part Time...........        0

Time-Limited: Full Time...........        5

Part Time...........        0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2018 do not exceed Fiscal Year 2017 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2017 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 2017 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2017 "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.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     SECTION 13.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided in this act shall be utilized in the most efficient and effective manner possible to achieve the intended mission of the Vocational and Technical Education Division of the State Department of Education.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                          FY2017

Performance Measures                                      Target

Secondary Programs

     Increase Career & Technical Education

          (CTE) Student Completers' Placement

          Rate (%)                                          1.00

          2011-2012 Baseline: 89.00%

     Increase Students Served in CTE (%)                    3.00

          2011-2012 Baseline: 2,785

     Decrease Number of Schools with

          Graduation Rate Less than 80%                   160.00

     Increase the Percentage of Students

          Who Graduated                                    77.00

     Increase the Percentage of 11th Grade

          Students Who are College

          or Career Ready as Measured by the ACT           10.00

Post-secondary Programs

     Short Term Adult Programs (Num of Classes)              255

     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 2018.

     SECTION 14.  Of the funds appropriated in this act, an amount not to exceed Two Hundred Twenty-nine Thousand Six Hundred Eighty-four Dollars ($229,684.00) is authorized for the support of vocational and technical education programs as authorized in Section 37-31-13, Mississippi Code of 1972, for a period in excess of ten (10) months in a calendar year.

     SECTION 15.  It is the intention of the Legislature that the Vocational and Technical Education Division of the State Department of Education shall, with the funds appropriated in Section 1, transfer no more than One Hundred Thousand Dollars ($100,000.00) to the Mississippi Soil and Water Conservation Commission for the purpose of providing matching funds to purchase soil conservation equipment.

     SECTION 16.  Of the funds appropriated in this act, no more than One Hundred Seventy-five Thousand Dollars ($175,000.00) is provided for the purpose of supporting the Future Farmers of America Center.

     SECTION 17.  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:

Chalkable Learning Earnings Pilot Program              100,000

Detention Centers                                   1,000,000

Digital Interactive Learning                         1,200,000

Drop-out Prevention at Star Academy                    500,000

Dubard School                                          625,000

Dyslexia Program                                       325,000

IHL-Alternative Route Certification Program             40,400

Jobs for MS Graduates, Inc.                          1,000,000

Learning thru Sports/Kids College                      785,000

Life Tracks (SLDS)                                   1,600,000

Literacy Based Promotion Pilot Program                 700,000

Magee Enterprise Learning Lab                               200,000

Magnolia Speech School                                 542,541

Mississippi Arts Commission-Arts Institute              40,000

MS Autism                                              200,000

MS Construction Education Program                      225,000

MS Symphony                                             50,000

New Learning Resource, Inc.                            350,000

Principal Corp.                                        500,000

Safe Hearts Program                                    100,000

Save the Children Program                              150,000

Sight Savers                                           426,472

Teach for America                                    2,000,000

Teacher Corp.                                          185,000

USM - Autism Program                                    50,000

Children’s Center for Communication & Development           717,540

Very Special Arts Program                              40,000

Vision Screening Research                              223,528

World Class Teacher Program                            600,000

Drop-out Prevention Vicksburg - Leader in Me                100,000

University of Mississippi – Willie Price Lab School    250,000

Algebra Nation                                         200,000

WorkKeys – Brookhaven Pilot                             25,000

USM - Statewide Bicentennial Celebration                85,000

Total                                               15,135,481

     SECTION 18.  It is the intention of the Legislature that the Department of Education shall obtain a research methodology from a provider that consists of a research prescription for each program to be funded through the amounts set in Section 17.  This research methodology shall be made in consultation with PEER Committee staff. Copies of such methodologies shall be provided to the Department of Finance and Administration and the Legislative Budget Office.  The following shall provide the reports: Chalkable Learning Earnings Pilot Program, Magee Enterprise Learning Lab and Smart Labs, Jobs for Mississippi Graduates, Learning through Sports, Dropout Prevention at Star Academy, Literacy Based Promotion Pilot Program (Amplify), Save the Children, Algebra Nation, WorkKeys – Pilot for Brookhaven.

     SECTION 19.  Of the funds appropriated in this act, an amount not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000.00) shall be used for technological methods for agricultural programs, computer science, engineering or robotic engineering programs and equipment upgrades and Mississippi Elementary (ME) STEM and STEAM programs  from the Career 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 2017 shall be Five Thousand Three Hundred Fifty-eight Dollars and Ninety-nine Cents ($5,358.99).

     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...........      181

Part Time...........       18

Time-Limited: Full Time...........        1

Part Time...........        0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2018 do not exceed Fiscal Year 2017 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2017 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 2017 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2017 "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.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     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 2016.  It is further the intention of the Legislature that the budget requests for Fiscal Year 2018 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 2017 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-two Million Six Hundred Thousand Dollars ($22,600,000.00) shall be used for National Board Certification.

     SECTION 27.  Of the funds appropriated in Section 1 and Section 2 not less than Fifteen Million Fifty-eight Thousand  Dollars ($15,058,000.00) 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 2017 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 2016 claims.

     SECTION 30.  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 31.  Of the funds appropriated in Section 1, not less than Six Million Five Hundred Forty-one Thousand Six Hundred Fifty Dollars ($6,541,650.00) shall be used for the Compulsory School Attendance Office and School Attendance Officers.

     SECTION 32.  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) is provided from the Department of Health.

     SECTION 33.  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, 2017.

     SECTION 34.  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 35.  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 36.  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 37.  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 Five Million Dollars ($5,000,000.00), 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, 2016, and ending June 30, 2017.  The school districts receiving these loans shall repay the Mississippi Department of Education the amount of the loan on or before June 30, 2017.

     SECTION 38.  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, 2016.

     SECTION 39.  Any school district receiving funds through Save the Children and Learning Through Sports/Kids College may provide a ten percent (10%) match from local funds for implementation of the program.

     SECTION 40.  Of the funds appropriated in Section 1(a), Three Million Five Hundred Thousand Dollars ($3,500,000.00) is provided for the Mississippi Community Oriented Policing Services in Schools (MCOPS) grant program.

     SECTION 41.  Of the funds appropriated in Section 1(a), Four Million Dollars ($4,000,000.00) is provided for an Early Childhood Education Initiative program.  Of the funds provided herein, it is the intention of the Legislature that no new funds may be expended to defray the costs of any pre-kindergarten program that has not been determined by the Joint Legislative Committee on Performance Evaluation and Expenditure Review to be evidence-based.

     SECTION 42.  Of the funds appropriated in Section 1(a) and Section 4(a), Fifteen Million Dollars ($15,000,000.00) shall be used for the Literacy Initiative and Assessment.

     SECTION 43.  Of the funds appropriated in Section 1(b), Two Hundred Thousand Dollars ($200,000.00) is provided for the Smart Lab project.

     SECTION 44.   None of the funds provided herein may be expended to make payments or transfers to the Mississippi Association of School Superintendents.  Furthermore, none of the funds provided herein maybe expended if any local school district expends any public funds to make payments or transfers to the Association.

     SECTION 45.  Of the funds appropriated herein, funding is provided for the ACT test, which is the college readiness portion of the state accountability model.

SECTION 46.  The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the State General Fund not otherwise appropriated, for the State of Education for the purpose of reauthorizing the expenditure of State General Funds, as authorized in HB 1536, 2015 Regular Session to provide additional funding for general education purposes for the fiscal year beginning July 1, 2016 and ending June 30, 2017......................... $5,000,000.00.

     SECTION 47.  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 48.  This act shall take effect and be in force from and after July 1, 2016.