MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Senator(s) Parker, Boyd, Williams
AN ACT TO AMEND SECTION 37-3-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SCHOOL SAFETY GRANT PROGRAM MAY OFFER MENTORING OR OTHER COMMUNITY-BASED POLICING PROGRAMS FORMED IN PARTNERSHIP BETWEEN SCHOOL DISTRICTS AND LOCAL LAW ENFORCEMENT AGENCIES, AS WELL AS MENTAL HEALTH SCREENING FOR STUDENTS CONDUCTED BY SCREENERS SELECTED BY THE SCHOOL DISTRICT AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH; TO REQUIRE THE SCHOOL BOARD OF EACH SCHOOL DISTRICT TO ADOPT AND IMPLEMENT AN "ERIN'S LAW AWARENESS" POLICY ADDRESSING SEXUAL ABUSE OF CHILDREN, TO BE BASED ON A MODEL POLICY DEVELOPED BY THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF EDUCATION AND THE ATTORNEY GENERAL'S OFFICE WORKING IN CONCERT; TO REQUIRE THE DEPARTMENT OF EDUCATION TO REIMPLEMENT THE PILOT PROGRAMS FOR PROVIDING STUDENTS IN GRADES K-5 WITH SKILLS TO MANAGE STRESS AND ANXIETY IN 12 SCHOOL DISTRICTS FOR THE 2025-2026 AND 2026-2027 SCHOOL YEARS; TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO SUBMIT ANNUAL REPORTS TO THE LEGISLATURE REGARDING THE RESULTS OF THE PILOT PROGRAMS; TO AMEND SECTION 37-3-93, MISSISSIPPI CODE OF 1972, TO INCLUDE CHAPLAINS IN THE QUICK RESPONSE TEAM MADE AVAILABLE BY THE OFFICE CREATED BY THE STATE DEPARTMENT OF EDUCATION FOR THE SCHOOL CRISIS MANAGEMENT PROGRAM; TO TRANSFER THE RESPONSIBILITY OF PROVIDING THREAT ASSESSMENT OFFICERS FROM THE MISSISSIPPI OFFICE OF HOMELAND SECURITY TO LOCAL LAW ENFORCEMENT AGENCIES, USING THE TRAINING AND CERTIFICATION CURRICULUM PROVIDED BY THE OFFICE OF HOMELAND SECURITY; TO REQUIRE EACH SCHOOL DISTRICT AND CHARTER SCHOOL TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH LOCAL LAW ENFORCEMENT FOR THE PROVISION OF A THREAT ASSESSMENT OFFICER FOR THE DISTRICT OR CHARTER SCHOOL; TO DIRECT THE DEPARTMENT OF EDUCATION TO FORM A COORDINATING COUNCIL TO OVERSEE A BEHAVIORAL THREAT ASSESSMENT AND MANAGEMENT PROGRAM FOR PUBLIC SCHOOLS TO USE FOR IDENTIFYING AND EVALUATING STUDENTS IN NEED OF MENTAL OR BEHAVIORAL HEALTH SUPPORT, AND FOR CONNECTING STUDENTS WITH SUPPORT RESOURCES; TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL SELECT EIGHT PERSONS, TWO FROM EACH CONGRESSIONAL DISTRICT, TO SERVE ON THE COORDINATING COUNCIL EACH CALENDAR YEAR; TO ALLOW COUNCIL MEMBERS TO SERVE SUCCESSIVE TERMS WITHOUT LIMITATION; TO CREATE A NEW CODE SECTION TO AUTHORIZE SCHOOL DISTRICTS AND CHARTER SCHOOLS TO EMPLOY OR ACCEPT AS VOLUNTEERS CHAPLAINS TO PROVIDE SUPPORT, SERVICES AND PROGRAMS FOR STUDENTS; TO REQUIRE EACH SUCH EMPLOYED OR VOLUNTEERING CHAPLAIN TO UNDERGO A CRIMINAL BACKGROUND CHECK BEFORE WORKING FOR THE SCHOOL; TO PROHIBIT SCHOOL DISTRICTS AND CHARTER SCHOOLS FROM ALLOWING INDIVIDUALS WHO ARE REQUIRED TO REGISTER AS SEX OFFENDERS FROM PROVIDING CHAPLAIN SERVICES; TO DIRECT EACH BOARD OF TRUSTEES OF A SCHOOL DISTRICT AND EACH GOVERNING BODY OF A CHARTER SCHOOL TO TAKE A RECORD VOTE ON WHETHER TO ADOPT A POLICY, WHICH SHALL BE IMPLEMENTED FOR THE 2025-2026 SCHOOL YEAR, AUTHORIZING A CAMPUS OF THE DISTRICT OR SCHOOL TO EMPLOY A CHAPLAIN OR ACCEPT THE SAME AS A VOLUNTEER; TO AMEND SECTIONS 37-7-301, 37-11-54 AND 37-28-41, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE FOR THE SEVERABILITY OF PROVISIONS OF THIS ACT WHICH MAY BE DEEMED UNCONSTITUTIONAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-3-83, Mississippi Code of 1972, is amended as follows:
37-3-83. (1) There is established within the State Department of Education, using only existing staff and resources, a School Safety Grant Program, available to all eligible public school districts, to assist in financing programs to provide school safety. However, no monies from the Temporary Assistance for Needy Families grant may be used for the School Safety Grant Program.
(2) The school board of each school district, with the assistance of the State Department of Education School Safety Center, shall adopt a comprehensive local school district school safety plan and shall update the plan on an annual basis.
(3) Subject to the extent of appropriations available, the School Safety Grant Program shall offer any of the following specific preventive services, and other additional services appropriate to the most current school district school safety plan:
(a) Metal detectors;
(b) Video surveillance cameras, communications equipment and monitoring equipment for classrooms, school buildings, school grounds and school buses;
(c) Crisis management/action teams responding to school violence;
(d) Violence
prevention training, conflict resolution training, behavioral stress training
and other appropriate training designated by the State Department of Education
for faculty and staff; * * *
(e) School safety
personnel * * *;
(f) Mentoring or other community-based policing programs formed in partnership between school districts and local law enforcement agencies; and
(g) Mental health screening for students conducted by screeners selected by the school district and approved by the Mississippi Department of Mental Health, with a preference for high-quality resources at the lowest and best cost.
(4) Each local school district of this state may annually apply for school safety grant funds subject to appropriations by the Legislature. School safety grants shall include a base grant amount plus an additional amount per student in net enrollment in the school or school district. The base grant amount and amount per student shall be determined by the State Board of Education, subject to specific appropriation therefor by the Legislature. In order to be eligible for such program, each local school board desiring to participate shall apply to the State Department of Education by May 31 before the beginning of the applicable fiscal year on forms provided by the department, and shall be required to establish a local School Safety Task Force to involve members of the community in the school safety effort. The State Department of Education shall determine by July 1 of each succeeding year which local school districts have submitted approved applications for school safety grants.
(5) As part of the School Safety Grant Program, the State Department of Education may conduct a pilot program to research the feasibility of using video camera equipment in the classroom to address the following:
(a) Determine if video cameras in the classroom reduce student disciplinary problems;
(b) Enable teachers to present clear and convincing evidence of a student's disruptive behavior to the student, the principal, the superintendent and the student's parents; and
(c) Enable teachers to review teaching performance and receive diagnostic feedback for developmental purposes.
(6) Any local school district may use audio/visual-monitoring equipment in classrooms, hallways, buildings, grounds and buses for the purpose of monitoring school disciplinary problems.
(7) As a component of the
comprehensive local school district school safety plan required under
subsection (2) of this section, the school board of * * * each school district * * * shall adopt and implement a policy
addressing sexual abuse of children, to be known as "Erin's Law
Awareness." Any policy adopted under this subsection shall be based on
a model policy developed by the Mississippi Department of Mental Health, the
Mississippi Department of Education and the Mississippi Attorney General's
Office working in concert and may include or address, but need not be
limited to, the following:
(a) Methods for increasing teacher, student and parental awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse;
(b) Educational information for parents or guardians, which may be included in the school handbook, on the warning signs of a child being abused, along with any needed assistance, referral or resource information;
(c) Training for school personnel on child sexual abuse;
(d) Age-appropriate curriculum for students in prekindergarten through fifth grade;
(e) Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention;
(f) Counseling and resources available for students affected by sexual abuse; and
(g) Emotional and educational support for a child who has been abused to enable the child to be successful in school.
(8) (a) As part of the school safety grant program, the State Department of Education shall establish three (3) pilot programs in six (6) school districts utilizing an evidence-based curriculum to provide students in Grades K-5 with skills to manage stress and anxiety in order for them to be better equipped to handle challenges in a healthy way and build resiliency. The Mississippi Department of Mental Health shall be responsible for the selection of the content of the evidence-based curriculum. The results of this pilot program shall be measured and reported, and such results shall be used in consideration of the implementation of this curriculum statewide.
(b) In the 2025-2026 and 2026-2027 school years, the State Department of Education shall implement the three (3) pilot programs provided for in paragraph (a) of this subsection in twelve (12) school districts. At least one (1) school district from each congressional district shall be selected to participate, unless no school districts from a congressional district apply. Only one (1) school district per congressional district shall be given preference on the basis of its having previously participated. The Mississippi Department of Mental Health shall submit a report to the Legislature no later than June 30, 2026, and June 30, 2027, regarding the results of the pilot programs in the prior school year.
(9) As a component of the comprehensive local school district safety plan required under subsection (2) of this section, beginning in the 2019-2020 school year, the State Department of Education shall require local school districts to conduct, every two (2) years, refresher training on mental health and suicide prevention for all school employees and personnel, including all cafeteria workers, custodians, teachers and administrators. The Mississippi Department of Mental Health shall be responsible for the development and/or selection of the content of the training, which training shall be provided at no cost to school employees. School districts shall report completion of the training to the State Department of Education.
SECTION 2. Section 37-3-93, Mississippi Code of 1972, is amended as follows:
37-3-93. (1) Subject to the availability of funding specifically appropriated for such purpose, there is established a School Crisis Management Program under the State Department of Education. This program is to be initiated and executed by the department using only existing staff and resources. Under this program, the State Department of Education shall create an office making available a quick response team of personnel trained in school safety and crisis management, which shall include chaplains, to respond to traumatic or violent situations that impact students and faculty in the public schools in Mississippi. The required School Crisis Management Program shall operate in accordance with the following:
(a) The basic response team shall consist of those personnel designated by the State Superintendent of Public Education, or their designees, depending on the size of the school and the nature of the event.
(b) In order to access the services of a response team, the request must be made by the local school principal or the superintendent of schools, who shall make the request to the State Department of Education or its contact designee.
(c) A response team shall enter a school to work with students and faculty for a period of no more than three (3) days, unless otherwise requested by the school district.
(d) The State Department of Education, or its designee, shall operate a toll-free incoming wide area telephone service for the purpose of receiving reports of suspected cases of school violence and other traumatic situations impacting on students and faculty in the public schools.
(e) The request made by a school district to access the services of a response team following a school safety incident may seek a review of the local school district's safety plan, and the results of this evaluation may be published by the local school board in a newspaper with wide circulation in the district.
(f) Subject to the availability of funds specifically appropriated therefor by the Legislature, the expenses of the quick response teams and their administrative support shall be provided from state funds. The State Department of Education may apply for and expend funds for the support and maintenance of this program from private and other funding sources.
(2) Local school districts, school superintendents and principals may request and utilize the services of quick response teams provided for under this section; however, this section does not require school officials to request the services of quick response teams.
(3) As a component of the
School Crisis Management Program, the Mississippi Office of Homeland Security
shall develop a curriculum, train and certify local law enforcement officers
as threat assessment officers. A certified threat assessment officer shall
conduct an annual inspection and threat assessment of each public school in the
state. The threat assessment officer shall develop an improvement plan for
each school inspected. The assessment shall include the inspection of
surveillance equipment and building-specific floor plans. The findings of the
inspection and threat assessment, including a copy of the improvement plan
shall be provided to * * * the Office of Homeland Security
and the local school board within four (4) weeks of completion. To
effectuate the purpose of this subsection, each school district and charter
school shall enter into a memorandum of understanding with the local sheriff's
department, if a county school district or a charter school outside a
municipality, or police department, if a municipal separate school district or
a charter school inside a municipality, under which the law enforcement agency
shall provide a threat assessment officer for the district or charter school.
(4) As a component of the School Crisis Management Program, the State Department of Education shall form a coordinating council to oversee a behavioral threat assessment and management program for public schools to use for identifying and evaluating students in need of mental or behavioral health support, and for connecting students with support resources within the school districts or communities. The Department of Education shall select eight (8) persons, two (2) from each congressional district, to serve on the coordinating council each calendar year. Council members may serve successive terms without limitation.
SECTION 3. (1) A school district or charter school may employ a chaplain or accept the same as a volunteer, to provide support, services and programs for students as assigned by the board of trustees of the district or the governing body of the school. The school chaplain shall be selected by and be responsible to the local school officials in each school district. A chaplain employed or volunteering under this section is not required to be certified by the Commission on Teacher and Administrator Education, Certification and Licensure and Development. Nothing in this section shall prohibit any school board from employing or accepting as a volunteer more than one (1) chaplain for any school.
(2) A school district or charter school that employs a chaplain or accepts the same as a volunteer under this section shall ensure that the chaplain complies with the applicable criminal background check requirements of Section 37-9-17, before the chaplain begins employment or volunteering at the district or school.
(3) A school district or charter school may not employ, or accept as a volunteer, a chaplain who has been convicted of, or placed on deferred adjudication community supervision for, an offense for which a defendant is required to register as a sex offender under Section 45-33-35.
(4) Each board of trustees of a school district and each governing body of a charter school shall take a record vote, and spread the same upon its minutes, not later than December 1, 2025, on whether to adopt a policy, which shall be implemented for the 2025-2026 school year, authorizing a campus of the district or school to employ a chaplain or accept the same as a volunteer under this section.
SECTION 4. Section 37-7-301, Mississippi Code of 1972, is amended as follows:
37-7-301. The school boards of all school districts shall have the following powers, authority and duties in addition to all others imposed or granted by law, to wit:
(a) To organize and operate the schools of the district and to make such division between the high school grades and elementary grades as, in their judgment, will serve the best interests of the school;
(b) To introduce public school music, art, manual training and other special subjects into either the elementary or high school grades, as the board shall deem proper;
(c) To be the custodians of real and personal school property and to manage, control and care for same, both during the school term and during vacation;
(d) To have responsibility for the erection, repairing and equipping of school facilities and the making of necessary school improvements;
(e) To suspend or to expel a pupil or to change the placement of a pupil to the school district's alternative school or homebound program for misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil, in the determination of the school superintendent or principal, renders that pupil's presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, and to delegate such authority to the appropriate officials of the school district;
(f) To visit schools in the district, in their discretion, in a body for the purpose of determining what can be done for the improvement of the school in a general way;
(g) To support, within reasonable limits, the superintendent, principal and teachers where necessary for the proper discipline of the school;
(h) To exclude from the schools students with what appears to be infectious or contagious diseases; provided, however, such student may be allowed to return to school upon presenting a certificate from a public health officer, duly licensed physician or nurse practitioner that the student is free from such disease;
(i) To require those vaccinations specified by the State Health Officer as provided in Section 41-23-37;
(j) To see that all necessary utilities and services are provided in the schools at all times when same are needed;
(k) To authorize the use of the school buildings and grounds for the holding of public meetings and gatherings of the people under such regulations as may be prescribed by said board;
(l) To prescribe and enforce rules and regulations not inconsistent with law or with the regulations of the State Board of Education for their own government and for the government of the schools, and to transact their business at regular and special meetings called and held in the manner provided by law;
(m) To maintain and operate all of the schools under their control for such length of time during the year as may be required;
(n) To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities;
(o) To make orders directed to the superintendent of schools for the issuance of pay certificates for lawful purposes on any available funds of the district and to have full control of the receipt, distribution, allotment and disbursement of all funds provided for the support and operation of the schools of such school district whether such funds be derived from state appropriations, local ad valorem tax collections, or otherwise. The local school board shall be authorized and empowered to promulgate rules and regulations that specify the types of claims and set limits of the dollar amount for payment of claims by the superintendent of schools to be ratified by the board at the next regularly scheduled meeting after payment has been made;
(p) To select all school district personnel in the manner provided by law, and to provide for such employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by the board;
(q) To provide athletic programs and other school activities and to regulate the establishment and operation of such programs and activities;
(r) To join, in their discretion, any association of school boards and other public school-related organizations, and to pay from local funds, other than total funding formula funds, any membership dues;
(s) To expend local school activity funds, or other available school district funds, other than total funding formula funds, for the purposes prescribed under this paragraph. "Activity funds" shall mean all funds received by school officials in all school districts paid or collected to participate in any school activity, such activity being part of the school program and partially financed with public funds or supplemented by public funds. The term "activity funds" shall not include any funds raised and/or expended by any organization unless commingled in a bank account with existing activity funds, regardless of whether the funds were raised by school employees or received by school employees during school hours or using school facilities, and regardless of whether a school employee exercises influence over the expenditure or disposition of such funds. Organizations shall not be required to make any payment to any school for the use of any school facility if, in the discretion of the local school governing board, the organization's function shall be deemed to be beneficial to the official or extracurricular programs of the school. For the purposes of this provision, the term "organization" shall not include any organization subject to the control of the local school governing board. Activity funds may only be expended for any necessary expenses or travel costs, including advances, incurred by students and their chaperons in attending any in-state or out-of-state school-related programs, conventions or seminars and/or any commodities, equipment, travel expenses, purchased services or school supplies which the local school governing board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district, including items which may subsequently become the personal property of individuals, including yearbooks, athletic apparel, book covers and trophies. Activity funds may be used to pay travel expenses of school district personnel. The local school governing board shall be authorized and empowered to promulgate rules and regulations specifically designating for what purposes school activity funds may be expended. The local school governing board shall provide (i) that such school activity funds shall be maintained and expended by the principal of the school generating the funds in individual bank accounts, or (ii) that such school activity funds shall be maintained and expended by the superintendent of schools in a central depository approved by the board. The local school governing board shall provide that such school activity funds be audited as part of the annual audit required in Section 37-9-18. The State Department of Education shall prescribe a uniform system of accounting and financial reporting for all school activity fund transactions;
(t) To enter into an energy performance contract, energy services contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as provided for in Section 31-7-14;
(u) To maintain accounts and issue pay certificates on school food service bank accounts;
(v) (i) To lease a school building from an individual, partnership, nonprofit corporation or a private for-profit corporation for the use of such school district, and to expend funds therefor as may be available from any sources other than total funding formula funds as set by Sections 37-151-200 through 37-151-215. The school board of the school district desiring to lease a school building shall declare by resolution that a need exists for a school building and that the school district cannot provide the necessary funds to pay the cost or its proportionate share of the cost of a school building required to meet the present needs. The resolution so adopted by the school board shall be published once each week for three (3) consecutive weeks in a newspaper having a general circulation in the school district involved, with the first publication thereof to be made not less than thirty (30) days prior to the date upon which the school board is to act on the question of leasing a school building. If no petition requesting an election is filed prior to such meeting as hereinafter provided, then the school board may, by resolution spread upon its minutes, proceed to lease a school building. If at any time prior to said meeting a petition signed by not less than twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the school district involved shall be filed with the school board requesting that an election be called on the question, then the school board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon the question of authorizing the school board to lease a school building. Such election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the questions of the issuance of the bonds of school districts, and the results thereof shall be certified to the school board. If at least three-fifths (3/5) of the qualified electors of the school district who voted in such election shall vote in favor of the leasing of a school building, then the school board shall proceed to lease a school building. The term of the lease contract shall not exceed twenty (20) years, and the total cost of such lease shall be either the amount of the lowest and best bid accepted by the school board after advertisement for bids or an amount not to exceed the current fair market value of the lease as determined by the averaging of at least two (2) appraisals by certified general appraisers licensed by the State of Mississippi. The term "school building" as used in this paragraph (v)(i) shall be construed to mean any building or buildings used for classroom purposes in connection with the operation of schools and shall include the site therefor, necessary support facilities, and the equipment thereof and appurtenances thereto such as heating facilities, water supply, sewage disposal, landscaping, walks, drives and playgrounds. The term "lease" as used in this paragraph (v)(i) may include a lease-purchase contract;
(ii) If two (2) or more school districts propose to enter into a lease contract jointly, then joint meetings of the school boards having control may be held but no action taken shall be binding on any such school district unless the question of leasing a school building is approved in each participating school district under the procedure hereinabove set forth in paragraph (v)(i). All of the provisions of paragraph (v)(i) regarding the term and amount of the lease contract shall apply to the school boards of school districts acting jointly. Any lease contract executed by two (2) or more school districts as joint lessees shall set out the amount of the aggregate lease rental to be paid by each, which may be agreed upon, but there shall be no right of occupancy by any lessee unless the aggregate rental is paid as stipulated in the lease contract. All rights of joint lessees under the lease contract shall be in proportion to the amount of lease rental paid by each;
(w) To employ all noninstructional and noncertificated employees and fix the duties and compensation of such personnel deemed necessary pursuant to the recommendation of the superintendent of schools;
(x) To employ and fix the duties and compensation of such legal counsel as deemed necessary;
(y) Subject to rules and regulations of the State Board of Education, to purchase, own and operate trucks, vans and other motor vehicles, which shall bear the proper identification required by law;
(z) To expend funds for the payment of substitute teachers and to adopt reasonable regulations for the employment and compensation of such substitute teachers;
(aa) To acquire in its own name by purchase all real property which shall be necessary and desirable in connection with the construction, renovation or improvement of any public school building or structure. Whenever the purchase price for such real property is greater than Fifty Thousand Dollars ($50,000.00), the school board shall not purchase the property for an amount exceeding the fair market value of such property as determined by the average of at least two (2) independent appraisals by certified general appraisers licensed by the State of Mississippi. If the board shall be unable to agree with the owner of any such real property in connection with any such project, the board shall have the power and authority to acquire any such real property by condemnation proceedings pursuant to Section 11-27-1 et seq., Mississippi Code of 1972, and for such purpose, the right of eminent domain is hereby conferred upon and vested in said board. Provided further, that the local school board is authorized to grant an easement for ingress and egress over sixteenth section land or lieu land in exchange for a similar easement upon adjoining land where the exchange of easements affords substantial benefit to the sixteenth section land; provided, however, the exchange must be based upon values as determined by a competent appraiser, with any differential in value to be adjusted by cash payment. Any easement rights granted over sixteenth section land under such authority shall terminate when the easement ceases to be used for its stated purpose. No sixteenth section or lieu land which is subject to an existing lease shall be burdened by any such easement except by consent of the lessee or unless the school district shall acquire the unexpired leasehold interest affected by the easement;
(bb) To charge reasonable fees related to the educational programs of the district, in the manner prescribed in Section 37-7-335;
(cc) Subject to rules and regulations of the State Board of Education, to purchase relocatable classrooms for the use of such school district, in the manner prescribed in Section 37-1-13;
(dd) Enter into contracts or agreements with other school districts, political subdivisions or governmental entities to carry out one or more of the powers or duties of the school board, or to allow more efficient utilization of limited resources for providing services to the public;
(ee) To provide for in-service training for employees of the district;
(ff) As part of their duties to prescribe the use of textbooks, to provide that parents and legal guardians shall be responsible for the textbooks and for the compensation to the school district for any books which are not returned to the proper schools upon the withdrawal of their dependent child. If a textbook is lost or not returned by any student who drops out of the public school district, the parent or legal guardian shall also compensate the school district for the fair market value of the textbooks;
(gg) To conduct fund-raising activities on behalf of the school district that the local school board, in its discretion, deems appropriate or beneficial to the official or extracurricular programs of the district; provided that:
(i) Any proceeds of the fund-raising activities shall be treated as "activity funds" and shall be accounted for as are other activity funds under this section; and
(ii) Fund-raising activities conducted or authorized by the board for the sale of school pictures, the rental of caps and gowns or the sale of graduation invitations for which the school board receives a commission, rebate or fee shall contain a disclosure statement advising that a portion of the proceeds of the sales or rentals shall be contributed to the student activity fund;
(hh) To allow individual lessons for music, art and other curriculum-related activities for academic credit or nonacademic credit during school hours and using school equipment and facilities, subject to uniform rules and regulations adopted by the school board;
(ii) To charge reasonable fees for participating in an extracurricular activity for academic or nonacademic credit for necessary and required equipment such as safety equipment, band instruments and uniforms;
(jj) To conduct or participate in any fund-raising activities on behalf of or in connection with a tax-exempt charitable organization;
(kk) To exercise such powers as may be reasonably necessary to carry out the provisions of this section;
(ll) To expend funds for the services of nonprofit arts organizations or other such nonprofit organizations who provide performances or other services for the students of the school district;
(mm) To expend federal No Child Left Behind Act funds, or any other available funds that are expressly designated and authorized for that use, to pay training, educational expenses, salary incentives and salary supplements to employees of local school districts; except that incentives shall not be considered part of the local supplement, nor shall incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1);
(nn) To use any available funds, not appropriated or designated for any other purpose, for reimbursement to the state-licensed employees from both in state and out of state, who enter into a contract for employment in a school district, for the expense of moving when the employment necessitates the relocation of the licensed employee to a different geographical area than that in which the licensed employee resides before entering into the contract. The reimbursement shall not exceed One Thousand Dollars ($1,000.00) for the documented actual expenses incurred in the course of relocating, including the expense of any professional moving company or persons employed to assist with the move, rented moving vehicles or equipment, mileage in the amount authorized for county and municipal employees under Section 25-3-41 if the licensed employee used his personal vehicle or vehicles for the move, meals and such other expenses associated with the relocation. No licensed employee may be reimbursed for moving expenses under this section on more than one (1) occasion by the same school district. Nothing in this section shall be construed to require the actual residence to which the licensed employee relocates to be within the boundaries of the school district that has executed a contract for employment in order for the licensed employee to be eligible for reimbursement for the moving expenses. However, the licensed employee must relocate within the boundaries of the State of Mississippi. Any individual receiving relocation assistance through the Critical Teacher Shortage Act as provided in Section 37-159-5 shall not be eligible to receive additional relocation funds as authorized in this paragraph;
(oo) To use any available funds, not appropriated or designated for any other purpose, to reimburse persons who interview for employment as a licensed employee with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview at the rate authorized for county and municipal employees under Section 25-3-41;
(pp) Consistent with the report of the Task Force to Conduct a Best Financial Management Practices Review, to improve school district management and use of resources and identify cost savings as established in Section 8 of Chapter 610, Laws of 2002, local school boards are encouraged to conduct independent reviews of the management and efficiency of schools and school districts. Such management and efficiency reviews shall provide state and local officials and the public with the following:
(i) An assessment of a school district's governance and organizational structure;
(ii) An assessment of the school district's financial and personnel management;
(iii) An assessment of revenue levels and sources;
(iv) An assessment of facilities utilization, planning and maintenance;
(v) An assessment of food services, transportation and safety/security systems;
(vi) An assessment of instructional and administrative technology;
(vii) A review of the instructional management and the efficiency and effectiveness of existing instructional programs; and
(viii) Recommended methods for increasing efficiency and effectiveness in providing educational services to the public;
(qq) To enter into agreements with other local school boards for the establishment of an educational service agency (ESA) to provide for the cooperative needs of the region in which the school district is located, as provided in Section 37-7-345;
(rr) To implement a financial literacy program for students in Grades 10 and 11. The board may review the national programs and obtain free literature from various nationally recognized programs. After review of the different programs, the board may certify a program that is most appropriate for the school districts' needs. If a district implements a financial literacy program, then any student in Grade 10 or 11 may participate in the program. The financial literacy program shall include, but is not limited to, instruction in the same areas of personal business and finance as required under Section 37-1-3(2)(b). The school board may coordinate with volunteer teachers from local community organizations, including, but not limited to, the following: United States Department of Agriculture Rural Development, United States Department of Housing and Urban Development, Junior Achievement, bankers and other nonprofit organizations. Nothing in this paragraph shall be construed as to require school boards to implement a financial literacy program;
(ss) To collaborate with the State Board of Education, Community Action Agencies or the Department of Human Services to develop and implement a voluntary program to provide services for a prekindergarten program that addresses the cognitive, social, and emotional needs of four-year-old and three-year-old children. The school board may utilize any source of available revenue to fund the voluntary program. Effective with the 2013-2014 school year, to implement voluntary prekindergarten programs under the Early Learning Collaborative Act of 2013 pursuant to state funds awarded by the State Department of Education on a matching basis;
(tt) With respect to any lawful, written obligation of a school district, including, but not limited to, leases (excluding leases of sixteenth section public school trust land), bonds, notes, or other agreement, to agree in writing with the obligee that the Department of Revenue or any state agency, department or commission created under state law may:
(i) Withhold all or any part (as agreed by the school board) of any monies which such local school board is entitled to receive from time to time under any law and which is in the possession of the Department of Revenue, or any state agency, department or commission created under state law; and
(ii) Pay the same over to any financial institution, trustee or other obligee, as directed in writing by the school board, to satisfy all or part of such obligation of the school district.
The school board may make such written agreement to withhold and transfer funds irrevocable for the term of the written obligation and may include in the written agreement any other terms and provisions acceptable to the school board. If the school board files a copy of such written agreement with the Department of Revenue, or any state agency, department or commission created under state law then the Department of Revenue or any state agency, department or commission created under state law shall immediately make the withholdings provided in such agreement from the amounts due the local school board and shall continue to pay the same over to such financial institution, trustee or obligee for the term of the agreement.
This paragraph (tt) shall not grant any extra authority to a school board to issue debt in any amount exceeding statutory limitations on assessed value of taxable property within such school district or the statutory limitations on debt maturities, and shall not grant any extra authority to impose, levy or collect a tax which is not otherwise expressly provided for, and shall not be construed to apply to sixteenth section public school trust land;
(uu) With respect to any matter or transaction that is competitively bid by a school district, to accept from any bidder as a good-faith deposit or bid bond or bid surety, the same type of good-faith deposit or bid bond or bid surety that may be accepted by the state or any other political subdivision on similar competitively bid matters or transactions. This paragraph (uu) shall not be construed to apply to sixteenth section public school trust land. The school board may authorize the investment of any school district funds in the same kind and manner of investments, including pooled investments, as any other political subdivision, including community hospitals;
(vv) To utilize the alternate method for the conveyance or exchange of unused school buildings and/or land, reserving a partial or other undivided interest in the property, as specifically authorized and provided in Section 37-7-485;
(ww) To delegate, privatize or otherwise enter into a contract with private entities for the operation of any and all functions of nonacademic school process, procedures and operations including, but not limited to, cafeteria workers, janitorial services, transportation, professional development, achievement and instructional consulting services materials and products, purchasing cooperatives, insurance, business manager services, auditing and accounting services, school safety/risk prevention, data processing and student records, and other staff services; however, the authority under this paragraph does not apply to the leasing, management or operation of sixteenth section lands. Local school districts, working through their regional education service agency, are encouraged to enter into buying consortia with other member districts for the purposes of more efficient use of state resources as described in Section 37-7-345;
(xx) To partner with entities, organizations and corporations for the purpose of benefiting the school district;
(yy) To borrow funds from the Rural Economic Development Authority for the maintenance of school buildings;
(zz) To fund and operate voluntary early childhood education programs, defined as programs for children less than five (5) years of age on or before September 1, and to use any source of revenue for such early childhood education programs. Such programs shall not conflict with the Early Learning Collaborative Act of 2013;
(aaa)
To issue and provide for the use of procurement cards by school board members,
superintendents and licensed school personnel consistent with the rules and
regulations of the Mississippi Department of Finance and Administration under
Section 31-7-9; * * *
( * * *aab)
To conduct an annual comprehensive evaluation of the superintendent of schools
consistent with the assessment components of paragraph (pp) of this section and
the assessment benchmarks established by the Mississippi School Board
Association to evaluate the success the superintendent has attained in
meeting district goals and objectives, the superintendent's
leadership skill and whether or not the superintendent has established
appropriate standards for performance, is monitoring success and is using data
for improvement * * *;
(aac) To enter into a memorandum of understanding with the local sheriff's department, if a county school district, or police department, if a municipal separate school district, under which the law enforcement agency shall provide a threat assessment officer to conduct the annual inspection and threat assessment of, and develop the improvement plan for, each school within the district, pursuant to Section 37-3-93;
(aad) To appoint personnel to the coordinating council formed by the State Department of Education to oversee the behavioral threat assessment and management program under Section 37-3-93; and
(aae) To fund and operate improved school safety and security measures, including costs associated with training and planning, including:
(i) The prevention, identification and management of emergencies and threats, using effective prevention practices and including:
1. Providing licensed counselors, social workers and chaplains;
2. Providing mental health personnel and support, including chaplains;
3. Providing behavioral health services, including services provided by chaplains;
4. Establishing threat reporting systems; and
5. Developing and implementing programs focused on providing mental health support, including support provided by chaplains; and
(ii) Providing programs related to suicide prevention, intervention and postvention, including programs provided by chaplains.
SECTION 5. Section 37-11-54, Mississippi Code of 1972, is amended as follows:
37-11-54. The State Board of Education shall develop a list of recommended conflict resolution and mediation materials, models and curricula that are developed from evidence-based practices and positive behavioral intervention supports to address responsible decision making, the causes and effects of school violence and harassment, cultural diversity, and nonviolent methods for resolving conflict, including peer mediation, and shall make the list available to local school administrative units and school buildings before the beginning of the 2007-2008 school year. In addition, local school boards shall incorporate evidence-based practices and positive behavioral intervention supports into individual school district policies and Codes of Conduct. In developing this list, the board shall emphasize materials, models and curricula that currently are being used in Mississippi and that the board determines to be effective. The board shall include at least one (1) model that includes instruction and guidance for the voluntary implementation of peer mediation programs and one (1) model that provides instruction and guidance for teachers concerning the integration of conflict resolution and mediation lessons into the existing classroom curriculum, both of which shall include programs and services provided by chaplains.
SECTION 6. Section 37-28-41, Mississippi Code of 1972, is amended as follows:
37-28-41. (1) A charter school may exercise those powers necessary for carrying out the terms of its charter contract, including the following powers:
(a) To receive and disburse funds authorized by law for school purposes;
(b) To secure appropriate insurance and to enter into contracts and leases;
(c) To contract with an education service provider for the management and operation of the charter school so long as the school's governing board retains oversight authority over the school;
(d) To solicit and accept any gifts or grants for school purposes subject to applicable laws and the terms of its charter contract;
(e) To acquire real property for use as its facility or facilities, from public or private sources; and
(f) To sue and be sued in its own name.
(2) A charter school shall also be authorized to enter into a memorandum of understanding with the local sheriff's department, if outside a municipality, or police department, if inside a municipality, under which the law enforcement agency shall provide a threat assessment officer to conduct the annual inspection and threat assessment of, and develop the improvement plan for, the charter school, pursuant to Section 37-3-93.
SECTION 7. If any provision, section, subsection, sentence, clause, phrase or word of this act or the application thereof to any person or circumstances is found to be unconstitutional, the same is hereby declared to be severable, and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of whether any provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.
SECTION 8. This act shall take effect and be in force from and after July 1, 2025.