Senate Bill 2188

AN ACT TO PROHIBIT THE STATE DEPARTMENT OF EDUCATION FROM ENFORCING FEDERAL RULES AND ORDERS WHICH ARE NOT ENACTED BY THE UNITED STATES CONGRESS; TO DIRECT THE MISSISSIPPI DEPARTMENT OF EDUCATION TO PUBLISH ANY AGREEMENT OR MEMORANDUM OR CONTRACT TO IMPLEMENT OR ENFORCE ANY PROVISION OF FEDERAL LAW OR REGULATION FOR PUBLIC COMMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. It is the intent of the State of Mississippi to reinforce the fundamental principles and authority of state sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States and discourage the federal government, as our agent, from imposing certain restrictive mandates that are beyond the scope of these constitutionally delegated powers.

SECTION 2. No federal regulation, executive order, or administrative interpretation of a law, promulgated or issued by the federal Department of Education or other federal agency which is not enacted by the United States Congress and signed by the President of the United States, shall be enforced or ordered to be enforced by the State Superintendent of Education or by any official, agent or employee of the State Department of Education.

SECTION 3. (1) Prior to entering into any agreement, memorandum of understanding, or contract with any federal agency to implement or enforce any provision of federal law or regulation, the State Department of Education shall:

(a) Publish the proposed agreement, memorandum of understanding, or contract in the Mississippi Register and provide at least ninety (90) days for public comments to be submitted;

(b) Consult with the chairs of the appropriate standing committees of the Legislature, including providing the chairs with copies of all public comments submitted; and

(c) Publish a final notice that includes a summary of the public comments and consultation, whether the agreement, memorandum of understanding or contract will be implemented, and any changes made as a result of the comments and consultation.

(2) If the State Department of Education is a party to any agreement, memorandum of understanding, or contract to implement or enforce any provision of federal law or regulation on the effective date of this act, the department shall comply with subsection (1)(a) and (b) of this section. Following these steps, the department shall either:

(a) Publish a notice that the agreement, memorandum of understanding, or contract remains in effect without changes; or

(b) Take steps to amend or terminate the agreement, memorandum of understanding, or contract.

SECTION 4. This act shall take effect and be in force from and after its passage.