MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Universities and Colleges; Appropriations
By: Representative Bell (21st)
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO CONDUCT A STUDY ON THE IMPLEMENTATION OF REQUIRING EACH PUBLIC SCHOOL DISTRICT TO MAINTAIN AN INDIVIDUAL CAREER PLAN OF STUDY FOR ALL STUDENTS IN GRADES 8 THROUGH 12; TO PROVIDE FOR THE JANUARY 1, 2021 DEADLINE FOR REPORTING THE FINDINGS TO THE LEGISLATURE; TO REQUIRE THE STATE BOARD OF EDUCATION AND THE MISSISSIPPI COMMUNITY COLLEGE BOARD TO ESTABLISH THE CAREER TECHNICAL EDUCATION INCENTIVE GRANT PROGRAM FOR THE PURPOSE OF PROVIDING TUITION-FREE CAREER AND TECHNICAL COURSES AVAILABLE TO STUDENTS IN SECONDARY SCHOOL; TO PROVIDE THAT SCHOOL DISTRICTS SHALL BE AWARDED $1,000.00 FOR EACH STUDENT WHO GRADUATES FROM A HIGH SCHOOL IN THE SCHOOL DISTRICT HAVING OBTAINED AN INDUSTRY CERTIFICATION IN AN OCCUPATION THAT HAS BEEN IDENTIFIED BY THE STATE WORKFORCE INVESTMENT BOARD; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER THE PROGRAM FOR PUBLIC SCHOOL STUDENTS; TO PROVIDE THAT THE MISSISSIPPI COMMUNITY COLLEGE BOARD SHALL ADMINISTER THE PROGRAM FOR STUDENTS WHO ATTEND A PRIVATE SCHOOL AND IS CURRENTLY OR WAS PREVIOUSLY ADMITTED TO A CAREER TECHNICAL EDUCATION COURSE OR PROGRAM AT A COMMUNITY COLLEGE, TECHNICAL COLLEGE OR PROPRIETARY SCHOOL OR COLLEGE; TO ALLOW THE GOVERNING BOARD OF A COMMUNITY COLLEGE, TECHNICAL COLLEGE OR PROPRIETARY SCHOOL OR COLLEGE TO APPLY TO THE MISSISSIPPI COMMUNITY COLLEGE BOARD FOR PERMISSION TO ESTABLISH SUCH CAREER TECHNICAL EDUCATION PROGRAM IN SERVICE AREAS WHERE NO SUCH PROGRAMS EXISTS WHEN DONE IN COORDINATION WITH ONE OR MORE SCHOOL DISTRICTS LOCATED WITHIN SUCH SERVICE AREA; TO AMEND SECTION 37-153-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTION 37-29-81, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO CORRECT GRAMMATICAL ERROR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The State Board of Education shall conduct a study of, or contract for the study of, the implementation of requiring each public school district to maintain an individual career plan of study for each student enrolled in the district in Grades 8 through 12. On or before January 1, 2021, the State Board of Education shall prepare and submit a report to the Legislature on the findings of such study and whether the board intends to initiate implementing such requirements. For purposes of this section, the term "individual career plan of study" means a proposed individualized coherent sequence of classes focused on a career pathway that will enable seamless transition into a postsecondary program.
SECTION 2. (1) The State Board of Education and the Mississippi Community College Board shall jointly establish the Career Technical Education Incentive Grant Program.
(2) (a) Each school year, to the extent there are sufficient funds appropriated to the Career Technical Education Incentive Grant Program, the State Board of Education shall make an award to those school districts who have at least one (1) student who graduates from a high school in the school district having obtained an industry certification in an occupation that has been identified by the State Workforce Investment Board (SWIB), under the authority of Section 37-153-15, as an occupation in highest need of additional skilled employees at the time the student entered the career technical education course or program in the school district. The qualifying school districts shall receive an award in an amount equal to One Thousand Dollars ($1,000.00), as provided in Section 37-153-15(3), for each such student graduating from a high school in the school district. The awards shall be paid at such times as established by the State Board of Education. The awards shall be expended for the expenses incurred by the local school board of the school district under paragraph (b) of this subsection, and any funds remaining after distribution in accordance with paragraph (b) of this subsection may be expended as determined by the local school board of the school district towards operating the school from which the students graduated in accordance with Section 37-153-15(4). Upon receipt of such award and application by a student who has not attained a high school diploma and is currently or was previously enrolled in a career technical education course or program in the school district, the local school board of each school district shall pay the costs of the industry certification assessment specified in such application in an amount not to exceed One Thousand Dollars ($1,000.00). Such industry certification assessment shall be related to the career technical education course or program which such student is currently or was previously enrolled as determined by the local school board. No local school board shall be required to pay the cost of three (3) or more industry certification assessments for the same or substantially the same industry certification for a student if the student fails to earn the industry certification within two (2) attempts of taking the industry certification assessment.
(b) The State Superintendent of Public Education shall certify to the State Board of Education the amounts due to each school district pursuant to this subsection. Such certification, and the amount payable, shall be approved by the State Board of Education. The State Superintendent of Public Education shall draw warrants on the State Treasurer, payable to each school district entitled to payment of such award amount, pursuant to vouchers approved by the State Board of Education. Upon receipt of such warrant, each district shall deposit the amount of such award in the general fund of the school district.
(3) (a) Each school year, to the extent there are sufficient funds appropriated to the Career Technical Education Incentive Grant Program, the Mississippi Community College Board shall make an award to a community college, technical college or proprietary school or college which has at least one (1) secondary student who is currently or was previously admitted to a career technical education course or program in accordance with Section 6(3) of this act, and such secondary student is regularly enrolled in and attending a private secondary school. The purpose of such award is to reimburse such community college, technical college or proprietary school or college for the costs of an industry certification assessment in an occupation that has been identified by SWIB, under the authority of Section 37-153-15, as an occupation in highest need of additional skilled employees at the time the secondary student was admitted into such career technical education course or program. Upon receipt of such award and application by a secondary student who is currently or was previously enrolled in a career technical education course or program in accordance with Section 6(3) of this act, and is regularly enrolled in and attending a private secondary school, the governing body of the community college, technical college or the proprietary school or college which admitted such secondary student shall pay the costs of the industry certification assessment specified in such application in an amount not to exceed One Thousand Dollars ($1,000.00). Such industry certification assessment shall be related to the career technical education course or program in which such secondary student is currently or was previously enrolled as determined by such governing body of a community college, technical college or proprietary school or college. No governing body of a community college, technical college or proprietary school or college shall be required to pay the cost of three (3) or more industry certification assessments for the same or substantially the same industry certification for a secondary student if such secondary student fails to earn the industry certification within two (2) attempts of taking the industry certification assessment.
(b) Each governing body of a community college, technical college or proprietary school or college shall certify to the Mississippi Community College Board the amount of any payments such community college, technical college or proprietary school or college will pay based on applications submitted by students pursuant to paragraph (a) of this subsection. The certification, which shall be on a form prescribed and furnished by the Mississippi Community College Board, shall contain such information as the Mississippi Community College Board shall require and shall be filed at the time specified by the Mississippi Community College Board.
(c) In each school year, each governing body of a community college, technical college or proprietary school or college is entitled to receive, from appropriations for the Career Technical Education Incentive Grant Program, an amount which is equal to the amount certified to the Mississippi Community College Board in accordance with the provisions of paragraph (b) of this subsection. The Mississippi Community College Board shall certify to the executive director the amount due each governing body of a community college, technical college or proprietary school or college. The executive director shall draw warrants on the State Treasurer payable to each governing body of a community college, technical college or proprietary school or college entitled to payment under this subsection upon vouchers approved by the Mississippi Community College Board.
(d) Funds received by a Mississippi Community College Board under this subsection shall be deposited in the vocational technical education fund of each community college, technical college or proprietary school or college, and shall be considered reimbursements to the community college, technical college or proprietary school or college.
(4) The Mississippi Community College Board and the State Board of Education, jointly, may adopt such rules and regulations necessary to implement and carry out the provisions of this section.
SECTION 3. (1) Provided a particular career technical education program is not offered in a particular service area, the governing board of a community college, technical college or proprietary school or college located outside such service area, in coordination with one or more school districts located within such service area, may apply to the Mississippi Community College Board for permission to establish such career technical education program to be taught at a location in such service area. An application for such permission shall be submitted in such form and manner as prescribed by the Mississippi Community College Board. In reviewing any such application, the Mississippi Community College Board shall consider the ability and willingness of any postsecondary educational institution located in such service area to offer such career technical education program. If no such career technical education program is offered in such service area and no postsecondary educational institution located in such service area intends to offer such career technical education program, then the Mississippi Community College Board may approve such application to establish such career technical education program. Upon approval of its application by the Mississippi Community College Board, the governing board of a community college, technical college or proprietary school or college may purchase or otherwise acquire land or land and improvements in such service area for the purpose of providing such career technical educational program.
(2) The Mississippi Community College Board may adopt such rules and regulations necessary to administer the provisions of this section.
(3) For purposes of this section "service area" means:
(a) For community colleges, a designated geographic area of the state established pursuant to agreement of the governing boards of the community colleges and adopted in policy by the Mississippi Community College Board;
(b) For technical colleges, the territory set forth in the college's plan submitted to the Mississippi Community College Board; and
(c) All proprietary school or colleges.
SECTION 4. (1) The State Board of Education and the Mississippi Community College Board shall initiate the development of a statewide articulation agreement on career technical education programs among the high schools, community colleges, technical colleges and the proprietary school or colleges. For the purposes of this section, the term "articulation agreement" means an agreement entered into to provide for the transferability of substantially equivalent courses of study or programs.
SECTION 5. On or before January 1, 2021, the State Board of Education shall prepare a report to the Legislature proposing a strategy and proposed plan for providing state aid to career technical education programs or courses in school districts. The report shall include, but not be limited to, recommendations for legislative changes and estimates of the cost to the state of implementing such changes.
SECTION 6. (1) Students admitted to a career technical education course or program which is conducted by the school district in which the student is enrolled may be charged fees but shall not be charged tuition.
(2) Postsecondary students admitted to a career technical education course or program shall pay tuition and fees as provided under the authority of 37-29-81 and 37-103-25.
(3) (a) Secondary students admitted to a career technical education course or program which is conducted by a community college, technical college or proprietary school or college may be charged fees, but shall not be charged tuition.
(b) Each school year, to the extent there are sufficient funds appropriated, the State Board of Education shall distribute state funds to community colleges, technical colleges and proprietary school or colleges for the cost associated with secondary students enrolled in postsecondary career technical education programs as determined by the State Board of Education.
(4) For purposes of this subsection, the following terms shall have the meaning described below:
(a) "Community college" means any community college established in accordance with Chapter 29, Title 37, Mississippi Code of 1972.
(b) "Fees" means those charges assessed against a student by a community college, technical college or the proprietary school or college for student services, such as health clinics, athletic activities and technology services, or for books, supplies or other materials necessary for a particular course or program, the expense of which is not covered by tuition.
(c) "Proprietary school or college" means any career college, school person or other organization that offers programs that require registration in accordance with Section 75-60-4.
(d) "Secondary student" means a pupil who:
(i) Has not attained a high school diploma or a general educational development (GED) credential; and
(ii) Is regularly enrolled in and attending a public or private secondary school.
(e) "Tuition" means those charges assessed against a student by a community college, technical college or proprietary school or college on a per credit hour, per course or per term basis, and that are charged to cover the general expense of providing instructional services.
(5) Students admitted to a vocational education course or program which is not conducted by the school district in which the student is enrolled shall be charged tuition and fees determined in accordance with subsection (6) of this section, subject to the following:
(a) Tuition or fees, or tuition and fees may be paid for the student in accordance with any agreement entered into by local school boards, the Mississippi Community College Board, the State Board of Education, the governing boards of community college, technical colleges or proprietary school or college, provided that such agreement:
(i) Shall be for a term of at least three (3) years but not exceeding five (5) years;
(ii) Shall be subject to change or cancellation by the Legislature at any time;
(iii) Shall be approved by the State Board of Education before the same has any force or effect;
(iv) May provide for payment between boards of funds for career technical education tuition or fees, or for establishing, conducting, maintaining or administering an area vocational school or any career technical education course or program;
(v) May provide that the tuition of students enrolled in any of the contracting districts, when such students attend a career technical education course or program not offered in one of the contracting districts, shall be paid by the board receiving funds under this agreement;
(vi) May provide that certain career technical education courses or programs will be offered only in certain districts;
(vii) May provide that certain career technical education courses or programs are to be contracted for under conditions specified in the agreement;
(viii) Shall make appropriate provision for modification thereof in the event of cancellation, discontinuance or disapproval of any course or program by the State Board of Education, whether the same constitutes a loss of current designation as an area vocational school or not; and
(ix) Shall provide that the board owning or having jurisdiction over physical facilities used for career technical education shall retain the ownership of or jurisdiction over such physical facilities. However, such agreement may provide for the use of such physical facilities during the term of the agreement or a shorter period of time. Any agreement under this section may provide for a different method of ownership or disposition of real or personal property or interest therein, if such provision has received the prior approval of the state board and the attorney general; or
(b) If tuition of a student is not paid under provision paragraph (a) of this subsection, the tuition of the student shall be paid by the school district in which the student is enrolled. No school district shall pay tuition for a student who is a postsecondary student, and no school district shall be required to pay tuition or fees of a student who is eligible to have tuition and fees for the course or training the student selects paid by any state or federal agency from funds or appropriations made available under any one or more state or federal programs. Any state agency administering any one or more such programs shall pay such tuition and fees upon proper application by a student therefor.
(6) All tuition and fees charged for career technical education by any board shall be in such amounts as are authorized by rules and regulations adopted by the State Board of Education, which shall establish general guidelines for tuition and fee schedules in career technical education courses and programs, except that tuition of postsecondary students shall be fixed in accordance with the authority granted to the governing board of each community college as provided in Sections 37-29-81 and 37-103-25. The particular tuition and fee schedule of every career technical education program shall be subject to annual approval of the State Board of Education. A current complete schedule of tuition and fees for each career technical education course and program of each board as approved by the State Board of Education shall be maintained on file in the State Department of Education, and shall be open for public inspection at any reasonable time.
SECTION 7. The school district in which a student is enrolled shall pay the tuition of such student to attend any career technical education course or program from its vocational education fund, except that any board receiving funds under an agreement described in Section 6(5)(a), shall pay such tuition when the student is enrolled in a school district which is a party to the agreement if the agreement so provides.
SECTION 8. Section 37-153-15, Mississippi Code of 1972, is amended as follows:
37-153-15. (1) As used in this chapter:
(a) The words "industry certification" mean a voluntary process through which students are assessed by an independent, third-party certifying entity using predetermined standards for knowledge, skills and competencies, resulting in the award of a credential that is nationally recognized and must be at least one (1) of the following:
(i) Within an industry that addresses a critical local, regional or statewide economic need;
(ii) Linked to an occupation that is included in the State Department of Employment Security's occupations in high-demand list; or
(iii) Linked to an occupation that is identified as emerging.
(b) The words "qualifying industry certification" mean an industry certification that is linked to an occupation with wages of at least seventy percent (70%) of the average annual wage in this state unless the industry certification is stackable to another postsecondary or professional credential which is linked to an occupation which meets the wage criterion.
(2) The State Workforce Investment Board shall provide the State Board of Education annually with a list of qualifying industry certifications. If the occupations identified in the list are not substantially the same as those occupations identified in the prior year, the State Board of Education shall provide reasonable notice of the changes to school districts.
(3) Beginning in fiscal
year 2019-2020 and subject to available funding, the Department of Education
shall pay a career and technical education incentive grant to the public school
for each student enrolled in the public school who earns a qualifying industry
certification. The amount per student for the career and technical education
incentive grant shall be * * *Six Hundred Dollars ($600.00) One Thousand Dollars
($1,000.00). If the statewide sum of the career and technical education
incentive grants awarded pursuant to this section exceeds the amount of
available funds appropriated for the grants, the grants per student shall be
reduced proportionately to cover all eligible grants under this section.
(4) The grants may be used for qualifying industry certification examination fees, professional development for teachers in career and technical education programs under this section, student instructional support for programs that lead to qualifying industry certifications, or to increase access to qualifying industry certifications. Any grants awarded under this section may not be used to supplant funds provided for the basic operation of the career and technical education programs.
(5) On or before July 1 of each year, the Department of Education shall submit a report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairmen of the House and Senate Education Committees, the Chairman of the House Workforce Development Committee and the Chairman of the Senate Labor Committee on the following:
(a) The number of students who enrolled in a career and technical education course or program that leads to a qualifying industry certification.
(b) The number of students who earned a qualifying industry certification by certification.
(c) The amount of career and technical education incentive grants awarded by the school.
(d) The amount of career and technical education incentive grants awarded per student.
(e) Aggregated demographic data on the students who earned a qualifying industry certification, including the qualifying industry certifications earned by rural and urban students.
SECTION 9. Section 37-29-81, Mississippi Code of 1972, is brought forward as follows:
37-29-81. The district, in the discretion of the board of trustees, may charge fees and tuitions in accordance with Section 37-103-25.
SECTION 10. Section 37-103-25, Mississippi Code of 1972, is amended as follows:
37-103-25. (1) The Board of Trustees of State Institutions of Higher Learning and the boards of trustees of the community colleges and junior colleges are authorized to prescribe the amount of tuition and fees to be paid by students attending the several state-supported institutions of higher learning and community colleges and junior colleges of the State of Mississippi.
(2) Except as otherwise provided in this subsection and subsections (3) and (4) of this section, the total tuition to be paid by residents of other states shall not be less than the average cost per student from appropriated funds. However, the tuition to be paid by a resident of another state shall be equal to the tuition amount established under subsection (1) of this section if:
(a) The nonresident student is either a veteran, as defined by Title 38 of the United States Code, or a person entitled to education benefits under Title 38 of the United States Code. Nonresident students enrolled in a professional school or college at a state institution of higher learning are excluded from this paragraph (2)(a) except for those nonresident students who must be charged tuition equal to the amount established under subsection (1) due to the provisions of Section 702 of the Veterans Access, Choice and Accountability Act of 2014. This paragraph (a) shall be administered and interpreted in the manner necessary to obtain or retain approval of courses of education by the Secretary of the United States Department of Veterans Affairs;
(b) The nonresident
student is an evacuee of an area affected by Hurricane Katrina or Hurricane
Rita. This waiver shall be applicable to the 2005-2006 school year only * * *;and
(c) The nonresident student's out-of-state tuition was waived according to subsection (3) or (4) of this section.
(3) The Board of Trustees of State Institutions of Higher Learning may, in its discretion, consider and grant requests to approve institution specific policies permitting the waiver of out-of-state tuition when such an official request is made by the president or chancellor of the institution and when such request is determined by the board to be fiscally responsible and in accordance with the educational mission of the requesting institution.
(4) The board of trustees of any community college or junior college may develop and implement a policy for waiving out-of-state tuition for the college if the policy is determined by the board to be in accordance with the educational mission of the college and if a local industry or business or a state agency agrees to reimburse the college for the entire amount of the out-of-state tuition that will be waived under the policy. State funds shall be allocated and spent only on students who reside within the State of Mississippi. However, associate degree nursing students who reside outside the State of Mississippi may be counted for pay purposes.
SECTION 11. This act shall take effect and be in force from and after July 1, 2020.