MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Education; Appropriations
By: Representative Zuber
AN ACT TO ESTABLISH THE SCHOOL SECURITY DISBURSEMENT PROGRAM TO PROVIDE FUNDING FOR SCHOOL DISTRICTS, DISTRICT CHARTER SCHOOLS, PUBLIC SPECIAL PURPOSE SCHOOLS, AND ELIGIBLE NONPROFIT ORGANIZATIONS TO IMPLEMENT SCHOOL SECURITY IMPROVEMENTS TO PREVENT INCIDENTS OF SCHOOL VIOLENCE, TO PROVIDE THAT ELIGIBLE ENTITIES MAY APPLY FOR A DISBURSEMENT BY SUBMITTING AN APPLICATION TO THE STATE DEPARTMENT OF EDUCATION; TO PROVIDE THE PURPOSES FOR WHICH DISBURSEMENT RECEIVED BY AN ELIGIBLE ENTITY MAY BE USED; TO REQUIRE THE DEPARTMENT TO REVIEW THE APPLICATIONS RECEIVED FROM ELIGIBLE ENTITIES AND, SUBJECT TO AVAILABLE APPROPRIATIONS, TO DISBURSE MONEY TO APPLICANTS THAT SATISFY THE APPLICATION REQUIREMENTS FROM MONEY CREDITED TO THE SCHOOL SECURITY DISBURSEMENT CASH FUND; TO REQUIRE RECIPIENTS OF FUNDS TO REPORT TO THE DEPARTMENT CONCERNING ITS USE OF THE MONEY; TO REQUIRE THE DEPARTMENT TO ANNUALLY PROVIDE A SUMMARY OF THE REPORTS TO THE SENATE AND HOUSE EDUCATION COMMITTEES; TO ESTABLISH THE "SCHOOL SECURITY DISBURSEMENT PROGRAM CASH FUND" IN THE STATE TREASURY; TO PROVIDE FOR THE REPEAL OF THE PROGRAM ON JULY 1, 2033; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "School Security Disbursement Program."
SECTION 2. (1) As used in this act, the following terms shall have the meaning ascribed in this section, unless the context of use clearly requires otherwise:
(a) "Board" means the State Board of Education.
(b) "Department" means the State Department of Education.
(c) "Disbursement program" means the school security
disbursement program created in Section 3 of this act.
(d) "Eligible entity" means a local education provider or an eligible nonprofit organization.
(e) "Eligible nonprofit organization" means a nonprofit
organization that is exempt from taxation under Section 501(c)(3)
of the federal "Internal Revenue Code of 1986," as amended, that
applies to work with specific local education providers or first
responders, and that:
(i) Has experience providing training for school safety incident response;
(ii) Has experience working with law enforcement agencies and other first responders;
(iii) Has experience working with school districts, school personnel and students on issues related to school safety incident response; and
(iv) Identifies in its application local education providers or first responders that will participate in school safety incident response training or programs.
(f) "Local education provider" means a school district, a charter school or public special purpose school, including:
(i) The Mississippi School for the Arts;
(ii) The Mississippi School for the Blind;
(iii) The Mississippi School for the Deaf; and
(iv) The Mississippi School for Mathematics and Science.
SECTION 3. (1) (a) There is created within the State Department of Education, the School Security Disbursement Program to provide disbursements to local education providers to use for the purposes described in subsection (2) of this section to improve security within public schools.
(b) Subject to available appropriations, the department shall disburse money to applicants as provided in subsection (4) of this section from money credited to the School Security Disbursement Cash Fund, created in Section 4 of this act. It is the intent of the Legislature that the department distribute the money credited to the School Security Disbursement Cash Fund as
quickly as practicable based on the receipt of qualifying
applications.
(2) An eligible entity that receives a disbursement from the disbursement program may use the disbursed money only for the following purposes:
(a) Capital construction that improves the security of a public school facility or public school vehicle, including, but not limited to, any structure or installed hardware, device or equipment that protects a public school facility or public school vehicle and the students, educators and other individuals who attend, work in or visit a public school facility or are transported in a public school vehicle from threats of physical harm including, but not limited, to any structure or installed hardware, device or equipment that:
(i) Prevents the entry of unauthorized individuals into a public school facility or a protected space within a public school facility or onto a public school vehicle; or
(ii) Can be used to expedite communication when a threat is present;
(b) Training in student threat assessment for all school building staff who have contact with students, which must include best practices for conducting threat assessments, such as instruction on how to prevent bias when conducting a threat assessment;
(c) In collaboration with local law enforcement agencies, providing the training for peace officers on interactions with students at school;
(d) School emergency response training for all school building staff;
(e) Programs to help students become more resilient in meeting the daily challenges they face without resorting to violence against themselves or others, including addressing the fundamental causes of violence and aggression and helping students become responsible members of their schools, neighborhoods, communities and families;
(f) Developing and providing training programs, curriculums and seminars related to school safety incident response; and
(g) Developing best practices and protocols related to school safety incident response.
(3) An eligible entity, including any combination of eligible entities that wish to apply together as a single, regional applicant, may apply for a disbursement from the disbursement program by submitting an application to the department that includes the following information:
(a) The purpose or purposes described in subsection (2) of this section for which the applicant is requesting the
disbursement;
(b) The amount of disbursed money requested based on an
itemized estimate of the expected cost of the purpose or purposes for which the applicant is requesting the disbursement and taking into account the requirement of matching money, if
applicable, pursuant to subsection (4) of this section;
(c) Evidence of the availability of and commitment of the applicant to use financial resources to match the amount of the disbursement;
(d) The applicant's commitment to provide information to the department as required for the annual report described in
subsection (5) of this section;
(e) If the local education provider is a charter school
that is located within a school district facility, and participating in the school district's safety and security services, information demonstrating that the charter school has collaborated with the school district in preparing and submitting the application; and
(f) Any additional information, as specified by rule of the State Board of Education, that is necessary for the department to evaluate the likely effectiveness of the applicant's use of the disbursed money in improving security in public school facilities
or vehicles.
(4) The department shall review each application received
pursuant to subsection (3) of this section and, subject to available appropriations, shall disburse money to the applicant if the department determines that the application meets the requirements specified in subsection (3) of this section and the
purpose or purposes for which the applicant intends to use the
disbursed money are likely to improve security in public school
facilities or vehicles. The department shall give priority to
applicants that commit to providing financial resources to
match the amount of the disbursement. The department shall
determine the disbursement amount taking into account the
amount identified in the application.
(5) (a) On or before August 1, 2024, and on or before August 1 each year thereafter, each eligible entity that received a disbursement in the preceding school year shall submit a report to the department specifying:
(i) The amount received;
(ii) The source and amount of matching money provided, if applicable; and
(iii) The purpose or purposes for which the eligible entity used the disbursed money, including an itemized accounting of how the money was expended.
(b) Beginning with the Superintendent Annual Report in 2025, which shall be provided the Education Committees of the Senate and the House of Representatives, the department shall include in the annual report a summary of the reports received pursuant to subsection (5)(a) of this section. Beginning in January 2025, and every January thereafter, the department shall submit a summary of the reports received pursuant to subsection (5)(a) of this section to the Education Committees of the Senate and the House of Representatives, or any successor committees.
(6) The State Board of Education shall promulgate rules pursuant to the "Administrative Procedures Act," Article 3 of Chapter 43, Title 25, Mississippi Code of 1972, to establish the time frames for submitting disbursement applications and awarding disbursements and to specify any additional information that must be included in disbursement applications as described in subsection (3)(f) of this section.
(7) This section shall stand repealed on July 1, 2033.
SECTION 4. (1) There is created in the State Treasury, the "School Security Disbursement Program Cash Fund," hereinafter referred to as the "fund." The fund consists of money that the Legislature may appropriate or transfer to the fund. The State Treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the Legislature, the department may expend money from the fund to implement the School Security Disbursement Program created in Section 3 of this act. The department may expend up to three percent (3%) of the amount appropriated to the fund in each fiscal year for the administrative expenses incurred in implementing the School Security Disbursement Program.
(2) This section shall stand repealed on July 1, 2025. The State Treasurer shall transfer all unexpended and unencumbered money in the fund on June 30, 2025, to the State General Fund.
SECTION 5. The Legislature hereby finds, determines and declares that this act is necessary for the immediate preservation of the public peace, health or safety.
SECTION 6. This act shall take effect and be in force from and after July 1, 2023.