Bill Text: MS HB445 | 2013 | Regular Session | Introduced
Bill Title: MAEP; clarify to remove strict interpretation of MDE to request full funding of MAEP at budget hearing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB445 Detail]
Download: Mississippi-2013-HB445-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Appropriations
By: Representative Moore
House Bill 445
AN ACT TO AMEND SECTION 37-151-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DISCRETIONARY DETERMINATION OF THE ANNUAL ALLOCATION OF ADEQUATE EDUCATION PROGRAMS FUNDS IN ORDER TO REMOVE THE AMBIGUOUS INTERPRETATION THAT THE STATE DEPARTMENT OF EDUCATION IS REQUIRED TO REQUEST FULL FUNDING OF MAEP IN ITS ANNUAL LEGISLATIVE BUDGET REQUEST; TO REPEAL SECTION 37-151-6, MISSISSIPPI CODE OF 1972, which requires the Legislature to fully fund the Mississippi Adequate Education Program each fiscal year; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-151-7, Mississippi Code of 1972, is amended as follows:
37-151-7. In making the annual allocation to each school
district for the operation of the adequate education program * * *
the
following determining computation may be used:
(1) Computation of the
basic amount to be included for current operation in the adequate education
program. The following procedure * * * may be followed in determining the
annual allocation to each school district:
(a) Determination
of average daily attendance. Effective with fiscal year * * *
2014, the State
Department of Education * * * shall determinemay consider the percentage change from
the prior year of each year of each school district's average of months two (2)
and three (3) average daily attendance (ADA) for the three (3) immediately
preceding school years of the year for which funds are being appropriated. For
any school district that experiences a positive growth in the average of months
two (2) and three (3) ADA each year of the three (3) years, the average
percentage growth over the three-year period, if considered, * * *
may be multiplied
times the school district's average of months two (2) and three (3) ADA for the
year immediately preceding the year for which MAEP funds are being
appropriated. The resulting amount shall be added to the school district's
average of months two (2) and three (3) ADA for the year immediately preceding
the year for which MAEP funds are being appropriated to arrive at the ADA to be
used in determining a school district's MAEP allocation. Otherwise, months two
(2) and three (3) ADA for the year immediately preceding the year for which
MAEP funds are being appropriated will be used in determining a school
district's MAEP allocation. * * * For
those districts that do not demonstrate a three-year positive growth in months
two (2) and three (3) ADA, months one (1) through nine (9) ADA of the second
preceding year for which funds are being appropriated or months two (2) and
three (3) ADA of the preceding year for which funds are being appropriated,
whichever is greater, * * * may be used to calculate the district's MAEP allocation. The
district's average daily attendance shall be computed and currently maintained
in accordance with regulations promulgated by the State Board of Education.
The district's average daily attendance shall include any student enrolled in a
Dual Enrollment-Dual Credit Program as defined and provided in Section 37-15-38(19).
The State Department of Education shall make payments for Dual Enrollment-Dual
Credit Programs to the home school district in which the student is
enrolled, in accordance with regulations promulgated by the State Board of
Education. The community college providing services to students in a Dual
Enrollment-Dual Credit Program shall require payment from the home school
district for services provided to such students at a rate of one hundred
percent (100%) of ADA. All MAEP/state funding shall cease upon completion of
high school graduation requirements.
(b) Determination
of base student cost. Effective with fiscal year * * * 2014 and every fourth fiscal year
thereafter, the State Board of Education, on or before August 1, with adjusted
estimate no later than January 2, shall submit to the Legislative Budget Office
and the Governor a proposed base student cost adequate to provide the following
cost components of educating a pupil in a successful school district: (i)
Instructional Cost; (ii) Administrative Cost; (iii) Operation and Maintenance
of Plant; and (iv) Ancillary Support Cost. For purposes of these calculations,
the Department of Education * * * may utilize financial data from
the second preceding year of the year for which funds are being appropriated.
For the instructional cost
component, the Department of Education * * * may select districts that have
been identified as instructionally successful and have a ratio of a number of
teachers per one thousand (1,000) students that is between one (1) standard
deviation above the mean and two (2) standard deviations below the mean of the
statewide average of teachers per one thousand (1,000) students. The
instructional cost component then shall be calculated by dividing the
latest available months one (1) through nine (9) ADA into the instructional
expenditures of these selected districts. For the purpose of this calculation,
the Department of Education * * * may use the following funds,
functions and objects:
Fund 1120 Functions 1110-1199 Objects 100-999, Functions
1210, 1220, 2150-2159 Objects 210 and 215;
Fund 1130 All Functions, Object Code 210 and 215;
Fund 2001 Functions 1110-1199 Objects 100-999;
Fund 2070 Functions 1110-1199 Objects 100-999;
Fund 2420 Functions 1110-1199 Objects 100-999;
Fund 2711 All Functions, Object Code 210 and 215.
* * * Before the calculation of the
instructional cost component, there shall be subtracted from the above
expenditures any revenue received for Chickasaw Cession payments, Master
Teacher Certification payments and the district's portion of state revenue
received from the MAEP at-risk allocation.
For the administrative cost
component, the Department of Education * * * may select districts that have
been identified as instructionally successful and have a ratio of an
administrative staff to nonadministrative staff between one (1) standard
deviation above the mean and two (2) standard deviations below the mean of the
statewide average administrative staff to nonadministrative staff. The
administrative cost component then shall be calculated by dividing the
latest available months one (1) through nine (9) ADA of the selected districts
into the administrative expenditures of these selected districts. For the
purpose of this calculation, the Department of Education * * *
may use the following
funds, functions and objects:
Fund 1120 Functions 2300-2599, Functions 2800-2899,
Objects 100-999;
Fund 2711 Functions 2300-2599, Functions 2800-2899,
Objects 100-999.
For the plant and
maintenance cost component, the Department of Education * * *
may select districts
that have been identified as instructionally successful and have a ratio of
plant and maintenance expenditures per one hundred thousand (100,000) square
feet of building space and a ratio of maintenance workers per one hundred
thousand (100,000) square feet of building space that are both between one (1)
standard deviation above the mean and two (2) standard deviations below the
mean of the statewide average. The plant and maintenance cost component then
shall be calculated by dividing the latest available months one (1) through
nine (9) ADA of the selected districts into the plant and maintenance
expenditures of these selected districts. For the purpose of this calculation,
the Department of Education * * * may use the following funds, functions
and objects:
Fund 1120 Functions 2600-2699, Objects 100-699
and Objects 800-999;
Fund 2711 Functions 2600-2699, Objects 100-699
and Objects 800-999;
Fund 2430 Functions 2600-2699, Objects 100-699
and Objects 800-999.
For the ancillary support
cost component, the Department of Education * * * may select districts that have
been identified as instructionally successful and have a ratio of a number of
librarians, media specialists, guidance counselors and psychologists per one
thousand (1,000) students that is between one (1) standard deviation above the
mean and two (2) standard deviations below the mean of the statewide average of
librarians, media specialists, guidance counselors and psychologists per one
thousand (1,000) students. The ancillary cost component then shall be
calculated by dividing the latest available months one (1) through nine (9) ADA
into the ancillary expenditures instructional expenditures of these selected
districts. For the purpose of this calculation, the Department of Education * * *
may use the following
funds, functions and objects:
Fund 1120 Functions 2110-2129, Objects 100-999;
Fund 1120 Functions 2140-2149, Objects 100-999;
Fund 1120 Functions 2220-2229, Objects 100-999;
Fund 2001 Functions 2100-2129, Objects 100-999;
Fund 2001 Functions 2140-2149, Objects 100-999;
Fund 2001 Functions 2220-2229, Objects 100-999.
The total base cost for each
year shall be the sum of the instructional cost component, administrative cost
component, plant and maintenance cost component and ancillary support cost
component, and any estimated adjustments for additional state requirements as
determined by the State Board of Education. * * * However, * * * the base student cost in fiscal year 1998 shall
be Two Thousand Six Hundred Sixty-four Dollars ($2,664.00).
For each of the fiscal years
between the recalculation of the base student cost under the provisions of this
paragraph (b), the base student cost * * * may be increased by an amount * * *
up to forty percent
(40%) of the base student cost for the previous fiscal year, multiplied by the
latest annual rate of inflation for the State of Mississippi as determined by
the State Economist, plus any adjustments for additional state requirements
such as, but not limited to, teacher pay raises and health insurance premium
increases.
(c) Determination
of the basic adequate education program cost. The basic amount for current
operation to be included in the Mississippi Adequate Education Program for each
school district * * * may be computed as follows:
Multiply the average daily attendance of the district by the base student cost as established by the Legislature, which yields the total base program cost for each school district.
(d) Adjustment to
the base student cost for at-risk pupils. The amount to be included for at-risk
pupil programs for each school district * * * may be computed as follows:
Multiply the base student cost for the appropriate fiscal year as determined
under paragraph (b) by five percent (5%), and multiply that product by the
number of pupils participating in the federal free school lunch program in * * *
the school district,
which yields the total adjustment for at-risk pupil programs for * * *
the school district.
(e) Add-on program
cost. The amount to be allocated to school districts in addition to the
adequate education program cost for add-on programs for each school district * * *
may be computed as
follows:
(i) Transportation
cost shall be the amount allocated to * * * the school district for the
operational support of the district transportation system from state funds.
(ii) Vocational or
technical education program cost shall be the amount allocated to * * *
the school district
from state funds for the operational support of * * * those programs.
(iii) Special
education program cost shall be the amount allocated to * * *
the school district
from state funds for the operational support of * * * those programs.
(iv) Gifted
education program cost shall be the amount allocated to * * *
the school district
from state funds for the operational support of * * * those programs.
(v) Alternative
school program cost shall be the amount allocated to * * * the school district from state
funds for the operational support of * * * those programs.
(vi) Extended school year programs shall be the amount allocated to school districts for those programs authorized by law which extend beyond the normal school year.
(vii) University-based
programs shall be the amount allocated to school districts for those university-based
programs for handicapped children as defined and provided for in Section 37-23-131
et seq. * * *
(viii) Bus driver
training programs shall be the amount provided for those driver training
programs as provided for in Section 37-41-1 * * *.
The sum of the items listed above (i) transportation, (ii) vocational or technical education, (iii) special education, (iv) gifted education, (v) alternative school, (vi) extended school year, (vii) university-based, and (viii) bus driver training shall yield the add-on cost for each school district.
(f) Total projected adequate education program cost. The total Mississippi Adequate Education Program cost shall be the sum of the total basic adequate education program cost (paragraph (c)), and the adjustment to the base student cost for at-risk pupils (paragraph (d)) for each school district, as determined by the computation of the selected factors paragraphs (c) and (d). In any year in which the MAEP is not fully funded, the Legislature shall direct the Department of Education in the K-12 appropriation bill as to how to allocate MAEP funds to school districts for that year.
(g) The State Auditor shall annually verify the State Board of Education's estimated calculations for the Mississippi Adequate Education Program that are submitted each year to the Legislative Budget Office on August 1 and the final calculation that is submitted on January 2.
(2) Computation of the
required local revenue in support of the adequate education program. The
amount that each district * * * provides toward the cost of the
adequate education program * * * may be calculated as follows:
(a) The State
Department of Education shall certify to each school district that twenty-eight
(28) mills, less the estimated amount of the yield of the School Ad Valorem Tax
Reduction Fund grants as determined by the State Department of Education, is
the millage rate required to provide the district required local effort for
that year, or twenty-seven percent (27%) of the basic adequate education
program cost for such school district as determined under paragraph (c),
whichever is a lesser amount. In the case of an agricultural high school, the
millage requirement * * * may be set at a level which generates an equitable amount per
pupil to be determined by the State Board of Education.
(b) The State
Department of Education * * * shall may determine the following from the annual
assessment information submitted to the department by the tax assessors of the
various counties: (i) the total assessed valuation of nonexempt property for school
purposes in each school district; (ii) assessed value of exempt property owned
by homeowners aged sixty-five (65) or older or disabled as defined in Section
27-33-67(2) * * *; (iii) the school district's tax loss from
exemptions provided to applicants under the age of sixty-five (65) and not
disabled as defined in Section 27-33-67(1) * * *; and (iv) the school
district's homestead reimbursement revenues.
(c) The amount of the total adequate education program funding which shall be contributed by each school district shall be the sum of the ad valorem receipts generated by the millage required under this subsection plus the following local revenue sources for the appropriate fiscal year which are or may be available for current expenditure by the school district:
One hundred percent (100%) of Grand Gulf income as prescribed in Section 27-35-309.
One hundred percent (100%) of any fees in lieu of taxes as prescribed in Section 27-31-104.
(3) Computation of the required state effort in support of the adequate education program.
(a) The required state effort in support of the adequate education program shall be determined by subtracting the sum of the required local tax effort as set forth in subsection (2)(a) of this section and the other local revenue sources as set forth in subsection (2)(c) of this section in an amount not to exceed twenty-seven percent (27%) of the total projected adequate education program cost as set forth in subsection (1)(f) of this section from the total projected adequate education program cost as set forth in subsection (1)(f) of this section.
(b) * * * However, * * * in fiscal year 1998 and in the fiscal year
in which the adequate education program is fully funded by the Legislature, any
increase in the * * *
state contribution to any district calculated under this section shall be not
less than eight percent (8%) in excess of the amount received by * * *
the district from
state funds for the fiscal year immediately preceding. For purposes of this
paragraph (b), state funds shall include minimum program funds less the add-on
programs, State Uniform Millage Assistance Grant Funds, Education Enhancement
Funds appropriated for Uniform Millage Assistance Grants and state textbook
allocations, and State General Funds allocated for textbooks.
(c) If the school
board of any school district shall determine that it is not economically
feasible or practicable to operate any school within the district for the full
one hundred eighty (180) days required for a school term of a scholastic year
as required in Section 37-13-63, * * * due to an enemy
attack, a man-made, technological or natural disaster in which the Governor has
declared a disaster emergency under the laws of this state or the President of
the United States has declared an emergency or major disaster to exist in this
state, * * * the
school board may notify the State Department of Education of * * *
the disaster and
submit a plan for altering the school term. If the State Board of Education
finds * * * the
disaster to be the cause of the school not operating for the contemplated
school term and that * * * the school was in a school district covered by the Governor's
or President's disaster declaration, it may permit * * * the school board to operate the
schools in its district for less than one hundred eighty (180) days and, in
such case, the State Department of Education shall not reduce the state
contributions to the adequate education program allotment for * * *
the district, because
of the failure to operate said schools for one hundred eighty (180) days.
(4) The Interim School
District Capital Expenditure Fund is hereby established in the State Treasury
which shall be used to distribute any funds specifically appropriated by the
Legislature to * * * the
fund to school districts entitled to increased allocations of state funds under
the adequate education program funding formula prescribed in Sections 37-151-3
through 37-151-7, * * * until such time as the * * * adequate education program is fully funded
by the Legislature. The following percentages of the total state cost of
increased allocations of funds under the adequate education program funding
formula shall be appropriated by the Legislature into the Interim School
District Capital Expenditure Fund to be distributed to all school districts
under the formula: Nine and two-tenths percent (9.2%) shall be appropriated in
fiscal year 1998, twenty percent (20%) shall be appropriated in fiscal year
1999, forty percent (40%) shall be appropriated in fiscal year 2000, sixty
percent (60%) shall be appropriated in fiscal year 2001, eighty percent (80%)
shall be appropriated in fiscal year 2002, and one hundred percent (100%) shall
be appropriated in fiscal year 2003 into the State Adequate Education Program
Fund. Until July 1, 2002, * * * the money shall be used by school
districts for the following purposes:
(a) Purchasing, erecting, repairing, equipping, remodeling and enlarging school buildings and related facilities, including gymnasiums, auditoriums, lunchrooms, vocational training buildings, libraries, school barns and garages for transportation vehicles, school athletic fields and necessary facilities connected therewith, and purchasing land therefor. Any such capital improvement project by a school district shall be approved by the State Board of Education, and based on an approved long-range plan. The State Board of Education shall promulgate minimum requirements for the approval of school district capital expenditure plans.
(b) Providing necessary water, light, heating, air-conditioning, and sewerage facilities for school buildings, and purchasing land therefor.
(c) Paying debt
service on existing capital improvement debt of the district or refinancing
outstanding debt of a district if * * * the refinancing will result in an
interest cost savings to the district.
(d) From and after
October 1, 1997, through June 30, 1998, * * * in accordance with a school
district capital expenditure plan approved by the State Department of
Education, a school district may pledge * * * those funds until July 1, 2002,
plus funds provided for in paragraph (e) of this subsection (4) that are not
otherwise permanently pledged under * * * paragraph (e) to pay all or a portion of
the debt service on debt issued by the school district under Sections 37-59-1
through 37-59-45, 37-59-101 through 37-59-115, 37-7-351 through 37-7-359, 37-41-89
through 37-41-99, 37-7-301, 37-7-302 and 37-41-81, * * * or debt issued by
boards of supervisors for agricultural high schools * * * under Section 37-27-65, * * * or lease-purchase
contracts entered into * * * pursuant tounder the provisions of Section 31-7-13, * * * or to retire or
refinance outstanding debt of a district, if * * * the pledge is accomplished * * *
under a written
contract or resolution approved and spread upon the minutes of an official
meeting of the district's school board or board of supervisors. It is the
intent of this provision to allow school districts to irrevocably pledge their
Interim School District Capital Expenditure Fund allotments as a constant
stream of revenue to secure a debt issued under the foregoing code sections.
To allow school districts to make such an irrevocable pledge, the state shall
take all action necessary to ensure that the amount of a district's Interim
School District Capital Expenditure Fund allotments shall not be reduced below
the amount certified by the department or the district's total allotment under
the Interim Capital Expenditure Fund if fully funded, so long as * * * the debt remains outstanding.
(e) [Repealed]
(f) [Repealed]
(g) The State Board of
Education may authorize the school district to expend not more than twenty
percent (20%) of its annual allotment of * * * the funds or Twenty Thousand
Dollars ($20,000.00), whichever is greater, for technology needs of the school
district, including computers, software, telecommunications, cable television,
interactive video, film, low-power television, satellite communications, microwave
communications, technology-based equipment installation and maintenance, and
the training of staff in the use of * * * the technology-based instruction.
Any such technology expenditure shall be reflected in the local district
technology plan approved by the State Board of Education under Section 37-151-17 * * *.
(h) To the extent a
school district has not utilized twenty percent (20%) of its annual allotment
for technology purposes under paragraph (g), a school district may expend not
more than twenty percent (20%) of its annual allotment or Twenty Thousand
Dollars ($20,000.00), whichever is greater, for instructional purposes. The
State Board of Education may authorize a school district to expend more than * * *
the twenty percent
(20%) of its annual allotment for instructional purposes if it determines that * * *
the expenditures are
needed for accreditation purposes.
(i) The State Department of Education or the State Board of Education may require that any project commenced under this section with an estimated project cost of not less than Five Million Dollars ($5,000,000.00) shall be done only pursuant to program management of the process with respect to design and construction. Any individuals, partnerships, companies or other entities acting as a program manager on behalf of a local school district and performing program management services for projects covered under this subsection shall be approved by the State Department of Education.
Any interest accruing on any unexpended balance in the Interim School District Capital Expenditure Fund shall be invested by the State Treasurer and placed to the credit of each school district participating in such fund in its proportionate share.
The provisions of this subsection (4) shall be cumulative and supplemental to any existing funding programs or other authority conferred upon school districts or school boards.
SECTION 2. Section 37-151-6, Mississippi Code of 1972, which requires the Legislature to fully fund the Mississippi Adequate Education Program each fiscal year, is repealed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.
