House Bill 314

AN ACT TO AMEND SECTION 37-3-5, MISSISSIPPI CODE OF 1972, TO PERMIT THE STATE DEPARTMENT OF EDUCATION TO RECEIVE CONTRIBUTIONS, DONATIONS, GIFTS, BEQUESTS OF MONEY, OTHER FORMS OF FINANCIAL ASSISTANCE AND PROPERTY, EQUIPMENT, MATERIALS OR MANPOWER FROM PUBLIC OR PRIVATE DONORS; TO REQUIRE THE EXPENDITURE AND/OR USE OF SUCH CONTRIBUTIONS RECEIVED TO BE USED AS CONDITIONED BY THE DONOR, PROVIDED THAT SUCH CONDITION IS NOT ILLEGAL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-3-5, Mississippi Code of 1972, is amended as follows:

37-3-5. (1) The State Department of Education is hereby charged with the execution of all laws relating to the administrative, supervisory and consultative services to the public schools and agricultural high schools of the school districts throughout the State of Mississippi. The State Department of Education is also authorized to grant property to public school districts and agricultural high schools of the State of Mississippi.

(2) The State Department of Education may receive contributions, donations, gifts, bequests of money, other forms of financial assistance and property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations and other sources, public or private, made to the State Department of Education. The department may expend and/or use such contributions, donations, gifts, bequests of money, other forms of financial assistance and property, equipment, materials or manpower in accordance with the conditions prescribed by the donor. However, contributions, donations, gifts, bequests of money, other forms of financial assistance and property, equipment, materials or manpower may not be accepted if it is subject to a condition that is contrary to any provision of law.

(3) Subject to the direction of the State Board of Education as provided by law, the administration, management and control of the department is hereby vested in the State Superintendent of Public Education, who shall be directly responsible for the rightful functioning thereof.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.