Bill Text: MS HB489 | 2022 | Regular Session | Introduced
Bill Title: School districts; require teachers and other licensed personnel to be paid on semimonthly basis.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2022-02-01 - Died In Committee [HB489 Detail]
Download: Mississippi-2022-HB489-Introduced.html
2022 Regular Session
To: Education; Appropriations
By: Representative Hopkins
House Bill 489
AN ACT TO AMEND SECTIONS 37-9-39 AND 37-151-103, MISSISSIPPI CODE OF 1972, TO REQUIRE TEACHERS AND OTHER LICENSED PERSONNEL EMPLOYED BY SCHOOL DISTRICTS TO BE PAID ON A SEMIMONTHLY BASIS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-39, Mississippi Code of 1972, is amended as follows:
37-9-39. (1) All
school districts shall process a * * * semimonthly payroll for licensed
employees and may process a single monthly or a semimonthly payroll for
nonlicensed employees, in the discretion of the local school board, consistent
with the provisions of Section 37-157-103(1), except for December, when all
salaries or wages for the month shall be paid by the last working day. * * * The standard contract for school district employees
prescribed by the State Board of Education shall provide that school district
employees shall earn a salary payable in equal semimonthly installments
beginning in the first month of employment, regardless of the number of days
worked in any particular month by the employee. Any employee failing to
complete the contractual obligation of service, and who receives payment in
excess of the semimonthly installment for the period which such employee
ceases employment with the school district, shall become liable immediately to
the school board of the employing district for the sum of all amounts received
in payment less the corresponding amount of any compensation paid for which
service has been rendered, plus interest accruing at the current Stafford Loan
rate at the time the person discontinues his or her service.
(2) Any school employee whose employment ends during a school term, regardless of the reason(s) the employment ended, shall be paid salary or wages only for that portion of the school term that employee actually worked. Nothing in this subsection (2) shall be construed to entitle any employee to payment of salary or wages when no work has been performed.
SECTION 2. Section 37-151-103, Mississippi Code of 1972, is amended as follows:
37-151-103. (1) Funds due each
school district and charter school under the
terms of this chapter from the Adequate Education Program Fund shall be paid in
the following manner: Two (2) business days prior to the last working day of each * * * semimonthly payroll period, there shall
be paid to each school district and charter school,
by electronic funds transfer, * * * one twenty-fourth (1/24)
of the funds to which the district or charter school
is entitled from funds appropriated for the Adequate Education Program Fund. However, * * * payment for both semimonthly
payroll periods in December shall be made on December 15th or the next business
day after that date. All school districts shall process a * * * semimonthly payroll for licensed employees
and may process a single monthly or a semimonthly payroll for nonlicensed employees,
in the discretion of the local school board, with electronic settlement of payroll
checks secured through direct deposit of net pay for all school district employees.
In addition, the State Department of Education may pay school districts and charter schools from the common school fund
and the Adequate Education Program Fund on a date earlier than provided for by this
section if it is determined that it is in the best interest of school districts
and charter schools to do so.
* * *However, * * * if the cash balance in the State General Fund
is not adequate on the due date to pay the amounts due to all school districts and charter schools in the state as determined by
the State Superintendent of Public Education, the State Fiscal Officer shall
not transfer * * *
the funds payable to any school district or districts or charter schools until money is available to pay
the amount due to all districts and charter schools.
(2) Notwithstanding any provision
of this chapter or any other law requiring the number of children in average daily
attendance or the average daily attendance of transported children to be determined
on the basis of the preceding year, the State Board of Education is * * * authorized and empowered to make proper adjustments
in allotments in cases where major changes in the number of children in average
daily attendance or the average daily attendance of transported children occurs
from one year to another as a result of changes or alterations in the boundaries
of school districts, the sending of children from one county or district to another
upon a contract basis, the termination or discontinuance of a contract for the sending
of children from one county or district to another, a change in or relocation of
attendance centers, or for any other reason which would result in a major decrease
or increase in the number of children in average daily attendance or the average
daily attendance of transported children during the current school year as compared
with the preceding year.
(3) In the event of an inordinately large number of absentees in any school district or charter school as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining average daily attendance under the adequate education program shall be based upon the average daily attendance for the preceding school year for such school district or charter school.
(4) The State Department of Education shall hold school districts harmless for each school district's average daily attendance calculation for the 2020-2021 scholastic year. For purposes of determining average daily attendance for the 2020-2021 scholastic year, the State Department of Education shall use each school district's average daily attendance for the 2019-2020 scholastic year if it is greater than the school's average daily attendance for the 2020-2021 scholastic year.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022.
