Bill Text: MS HB662 | 2020 | Regular Session | Introduced
Bill Title: Vocational education; clarify references throughout state law and proper terminology as "career and technical education".
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB662 Detail]
Download: Mississippi-2020-HB662-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education
By: Representative Bennett
House Bill 662
AN ACT TO DEFINE THE TERM "CAREER AND TECHNICAL EDUCATION"; TO CLARIFY OBSOLETE REFERENCES AND USAGE OF THE TERMS "VOCATIONAL EDUCATION" AND VOCATIONAL AND TECHNICAL EDUCATION" WITH THE TERM "CAREER AND TECHNICAL EDUCATION," WHICH IS MORE ALIGNED WITH FEDERAL STATUTORY AND REGULATORY PROVISIONS, AS WELL AS IN THE STATE EDUCATIONAL ARENA; TO AMEND SECTIONS 19-9-114, 33-7-403, 33-7-405, 37-3-1, 37-3-11, 37-3-25, 37-4-1, 37-4-3, 37-7-301, 37-13-153, 37-13-155, 37-27-17, 37-28-53, 37-29-163, 37-29-165, 37-31-1, 37-31-7, 37-31-11, 37-31-13, 37-31-15, 37-31-61, 37-31-69, 37-31-103, 37-31-111, 37-31-201, 37-31-205, 37-31-207, 37-31-211, 37-33-155, 37-47-17, 37-47-19, 37-47-29, 37-151-7, 37-151-79, 37-151-97, 37-153-11, 47-5-501, 47-5-505, 47-5-507, 47-5-949, 57-1-56, 69-5-1,69-2-5, 73-15-21 AND 73-15-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. When used in this act and for the purposes of Title 19, Title 33, Title 37, Title 47, Title 57, Title 69 and Title 73, Mississippi Code of 1972, the following words shall have the meanings ascribed in this section unless the context otherwise requires:
(a) "Career and technical education" means the practice of teaching specific tech-based and career-oriented skills to students through a curriculum of skilled trades, applied sciences, modern technologies and career preparation. Whenever the term "vocational education" or the term "vocational and technical education" appears in the laws of the State of Mississippi, it shall mean the "career and technical education."
(b) "Director" means the Director of the Division of Career and Technical Education of the State Department of Education.
(c) "Division" means the Division of Career and Technical Education within the State Department of Education.
(d) "Board of Vocational and Technical Education" whenever the term appears in the laws of the State of Mississippi, it means the "Board of Career and Technical Education."
SECTION 2. Section 19-9-114, Mississippi Code of 1972, is amended as follows:
19-9-114. The board of supervisors of any county
bordering on the Gulf of Mexico having a population according to the 1970
census of 134,582 persons, and having two cities located therein each having a
population of over 30,000 persons according to the 1970 census, and in which is
located a deep water port of entry and two military establishments located
therein, is hereby authorized and empowered, in its discretion, to levy an
additional ad valorem tax not to exceed one (1) mill to provide funds for the
construction of a facility to house a county-wide * * * career and technical
educational center. Such additional levy may be in excess of and in addition
to the rate of taxation otherwise limited by law.
The tax herein authorized shall not be levied until the board of supervisors shall have published notice of its intention to levy same. Said notice shall be published once each week for three (3) weeks in some newspaper having a general circulation in such county, but not less than twenty-one (21) days, nor more than sixty (60) days, intervening between the time of the first notice and the meeting at which said board proposes to levy such tax. If, within the time of giving notice, twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the county shall protest or file a petition against the levy of such tax, then such tax shall not be levied unless authorized by a three-fifths (⅗) majority of the qualified electors of such county voting at an election to be called and held for that purpose.
SECTION 3. Section 33-7-403, Mississippi Code of 1972, is amended as follows:
33-7-403. As used in this article, the following words shall have the meanings as set forth by this section:
(a) "Mississippi National Guard" means federally recognized units of the Mississippi National Guard.
(b) "Gender" means words importing the masculine gender only shall apply to female as well as male.
(c) "Active member" means a member of a federally recognized unit of the Mississippi National Guard meeting the minimum requirements for satisfactory membership as defined in the Department of the Army and Air Force Regulations.
(d)
"Tuition" means actual cost, including any fees and books, not to
exceed the highest actual cost charged by any public, accredited institution of
higher learning, * * *
career and technical education school or community or junior college in
Mississippi.
SECTION 4. Section 33-7-405, Mississippi Code of 1972, is amended as follows:
33-7-405. The Adjutant
General is hereby authorized to pay the tuition, room and board for any active
member of the Mississippi National Guard who is enrolled or may enroll within
the State of Mississippi in an accredited institution of higher learning, * * * career and technical
education school or junior college. To be eligible for such benefits, the
individual, at the time of his initial enrollment, must be a captain,
lieutenant, warrant officer, cadet, officer candidate or enlisted member of the
Mississippi National Guard, or a member of such guard who is participating in
the educational program authorized by this section as of July 1, 1978; be at
least seventeen (17) years of age; and be a resident and a qualified elector of
the State of Mississippi. To be eligible for the room and board grant, an
individual must also be in an officer producing program and be selected to
receive the grant by the Adjutant General. The tuition may only be used for
undergraduate studies and * * *vocational career and technical education courses,
whether such coursework is taken on a semester or clock-hour basis. In no
event will any individual be eligible for payment of tuition after receipt of
an undergraduate degree, whether received through this article or not. No
person shall be eligible for a tuition and/or a room and board grant for more
than ten (10) years after the date of the first tuition payment for him under
this article. The Adjutant General shall set up minimum standards for
performance that must be met in order to maintain eligibility for continuing in
the program.
SECTION 5. Section 37-3-1, Mississippi Code of 1972, is amended as follows:
37-3-1. (1) Until July 1,
1983, there shall be a State Department of Education, which shall consist of a
State Superintendent of Public Education, an assistant state superintendent of
public education, a director of the division of finance and administration, a
director of the division of instruction, a director of the division of school
building and transportation services, a director of * * * career and technical
education, a director of the division of vocational rehabilitation, a director
of the division of junior colleges, and such supervisors, assistants or
employees as may be necessary for the proper functioning of the above-named
divisions.
(2) From and after July 1,
1983, and until July 1, 1984, there shall be a State Department of Education,
which shall consist of a State Superintendent of Public Education, a director
of the division of finance and administration, a director of the division of
instruction, a director of the division of school building and transportation
services, a director of the division of * * * career and technical
education, who shall be an associate state superintendent of public education,
the director of the division of vocational rehabilitation, a director of the
division of junior colleges and such supervisors, assistants or employees as
may be necessary for the proper functioning of the above-named divisions.
(3) From and after July 1, 1984, there shall be a State Department of Education which shall be under the direction and supervision of the State Superintendent of Public Education. The State Department of Education shall be organized into functional divisions as established by the State Board of Education, including any divisions established by law and prescribing the duties of the directors of such divisions.
SECTION 6. Section 37-3-11, Mississippi Code of 1972, is amended as follows:
37-3-11. The State Superintendent of Public Education shall perform the duties assigned to him by the State Board of Education, and he shall have the following duties:
(a) To serve as secretary for the State Board of Education;
(b) To be the chief administrative officer of the State Department of Education;
(c) To recommend to the State Board of Education, for its consideration, rules and regulations for the supervision of the public schools and agricultural high schools of the school districts throughout the state and for the efficient organization and conduct of the same;
(d) To collect data and make it available to the state board for determining the proper distribution of the state common school funds;
(e) To keep a complete record of all official acts of the State Superintendent and the acts of the State Board of Education;
(f) To prepare, have printed and furnish all officers charged with the administration of the laws pertaining to the public schools, such blank forms and books as may be necessary to the proper discharge of their duties, which printing is to be paid for out of funds provided by the Legislature;
(g) To have printed in pamphlet form the laws pertaining to the public schools and publish therein forms for conducting school business, the rules and regulations for the government of schools that the State Superintendent or the State Board of Education may recommend, and such other matters as may be deemed worthy of public interest pertaining to the public schools, which printing is to be paid for out of funds provided by the Legislature;
(h) To meet all
superintendents annually at such time and place as the State Superintendent
shall appoint for the purpose of accumulating facts relative to schools, to
review the educational progress made in the various sections of the state, to
compare views, discuss problems, hear discussions and suggestions relative to
examinations and qualifications of teachers, methods of instruction, textbooks,
summer schools for teachers, visitation of schools, consolidation of schools,
health work in the schools, * * * career and technical
education and other matters pertaining to the public school system;
(i) To advise all superintendents upon all matters involving the welfare of the schools, and at the request of any superintendent, to give an opinion upon a written statement of facts on all questions and controversies arising out of the interpretation and construction of the school laws, in regard to rights, powers and duties of school officers and superintendents, and to keep a record of all such decisions. Before giving any opinion, the superintendent may submit the statement of facts to the Attorney General, and it shall be the duty of the Attorney General forthwith to examine such statement and suggest the proper decision to be made upon such fact;
(j) To require annually, and as often as the State Superintendent may deem proper, of all superintendents, detailed reports on the educational business of the various districts;
(k) On or before January 10 in each year to prepare, under the direction of the State Board of Education, the annual information report of the State Department of Education as described in Section 37-151-97;
(l) To determine the number of educable children in the several school districts under rules and regulations prescribed by the State Board of Education; and
(m) To perform such other duties as may be prescribed by the State Board of Education.
SECTION 7. Section 37-3-25, Mississippi Code of 1972, is amended as follows:
37-3-25. (1) The Director
of the Division of * * *
Career and Technical Education of the State Department of Education who
shall be an associate state superintendent of education shall be appointed by
the State Superintendent of Public Education. The director's salary shall be
set by the State Board of Education subject to the approval of the State
Personnel Board. His salary, compensation, travel expenses or other expenses
shall be provided for out of any funds made available for such purpose by the
Legislature, the federal government, or other gifts or grants.
The director shall be responsible
to the State Superintendent of Public Education for the proper administration
of the programs of * * *
career and technical education in conformity with the policies adopted
by the State Board of Education and shall be responsible for appointing any
necessary supervisors, assistants, and employees to assist in carrying out the
programs of * * *
career and technical education. The director shall have the authority
to employ, compensate, terminate, promote, demote, transfer or reprimand
employees of the division. The salary and compensation of such employees shall
be subject to the rules and regulations adopted and promulgated by the State
Personnel Board as created under Section 25-9-101 et seq. However, if for any
reason within the two-year period beginning July 1, 2014, a new Director of the
Division of * * *
Career and Technical Education or other personnel within the division
are employed by the department, the employment shall not be subject to the
rules and regulations of the State Personnel Board, except as otherwise provided
in Section 25-9-127(4).
(2) The Director of the
Division of * * *
Career and Technical Education, subject to the approval of the State
Board of Education, shall have charge of and be responsible for * * * career and technical education
training in:
(a) Agriculture;
(b) Occupational and consumer home economics;
(c) Consumer and homemaking education;
(d) Trades and industry;
(e) Distributive education;
(f) Secondary adult education;
(g) Teacher training and supervision;
(h) Business and office;
(i) Health;
(j) Industrial arts;
(k) Guidance services;
(l) Technical education;
(m) Cooperative education; and
(n) All other specialized training not requiring a bachelors degree, with the exception of programs of nursing education regulated under the provisions of Section 37-129-1.
SECTION 8. Section 37-4-1, Mississippi Code of 1972, is amended as follows:
37-4-1. The Legislature finds and determines that the social, cultural and economic well-being of the people of Mississippi, and hence the state, are enhanced by various educational experiences beyond the elementary and secondary school years. The Legislature hereby provides a means for the continuation of a system of community and junior colleges and declares the following to be the policy of the State of Mississippi:
(a) The general
purpose of the community and junior colleges is to provide educational services
for the people of its geographic area within the legal structure of the comprehensive
community college. These services include the teaching and guiding of students
who intend to transfer to senior colleges to pursue an academic degree and the
teaching and guiding of career-oriented students in academic, career and
technical * * * education programs. These services also include
providing opportunities for continuing education in academic, career and
technical education * * * and adult education, and providing
leadership in civic, economic and cultural growth.
(b) Different geographic regions of the state have differing needs for human development.
(c) Local governance of the public community and junior colleges is an effective and efficient means of meeting the diverse local needs, as well as those needs and priorities established by the state.
(d) All post-high school youth and adults who have the motivation and ability to benefit from additional educational services and experiences should be provided such an opportunity.
(e) Community and junior colleges should provide quality instructional activities that are accessible geographically and financially to the people of the state, within the resources available for this purpose.
(f) Instructional activities should be related to the needs of the individual, region and state, and should be available throughout one's life regardless of prior educational experiences or attainment.
(g) An appropriate relationship between local district and state financial support of community and junior colleges shall be established.
(h) Coordination between public schools, community and junior colleges and universities shall complement the educational goals and attainments of individuals and the state.
(i) The Associate Degree should be a definitive and accepted higher educational degree, recognized for transfer to four-year institutions and for employment and promotion in business and industry.
(j) The community and
junior colleges shall be the presumptive deliverers of public post-secondary
training designed to meet the needs of individuals, business and state
development objectives. This includes, but is not limited to, post-secondary
training conducted under federal and state * * * career and technical education
acts.
(k) Community and junior colleges shall be considered agencies of local government rather than agencies of the state.
SECTION 9. Section 37-4-3, Mississippi Code of 1972, is amended as follows:
37-4-3. (1) From and after July 1, 1986, there shall be a Mississippi Community College Board which shall receive and distribute funds appropriated by the Legislature for the use of the public community and junior colleges and funds from federal and other sources that are transmitted through the state governmental organization for use by said colleges. This board shall provide general coordination of the public community and junior colleges, assemble reports and such other duties as may be prescribed by law.
(2) The board shall consist of ten (10) members of which none shall be an elected official. The Governor shall appoint two (2) members from the First Mississippi Congressional District, one (1) who shall serve an initial term of two (2) years and one (1) who shall serve an initial term of five (5) years; two (2) members from the Second Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of three (3) years; and two (2) members from the Third Mississippi Congressional District, one (1) who shall serve an initial term of four (4) years and one (1) who shall serve an initial term of two (2) years; two (2) members from the Fourth Mississippi Congressional District, one (1) who shall serve an initial term of three (3) years and one (1) who shall serve an initial term of four (4) years; and two (2) members from the Fifth Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of two (2) years. All subsequent appointments shall be for a term of six (6) years and continue until their successors are appointed and qualify. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only. All members shall be appointed with the advice and consent of the Senate.
(3) There shall be a chairman and vice chairman of the board, elected by and from the membership of the board; and the chairman shall be the presiding officer of the board. The board shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business.
(4) The members of the board shall receive no annual salary, but shall receive per diem compensation as authorized by Section 25-3-69, Mississippi Code of 1972, for each day devoted to the discharge of official board duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by Section 25-3-41, Mississippi Code of 1972.
(5) The board shall name a director for the state system of public junior and community colleges, who shall serve at the pleasure of the board. Such director shall be the chief executive officer of the board, give direction to the board staff, carry out the policies set forth by the board, and work with the presidents of the several community and junior colleges to assist them in carrying out the mandates of the several boards of trustees and in functioning within the state system and policies established by the Mississippi Community College Board. The Mississippi Community College Board shall set the salary of the director of the board. The Legislature shall provide adequate funds for the Mississippi Community College Board, its activities and its staff.
(6) The powers and duties of the Mississippi Community College Board shall be:
(a) To authorize disbursements of state-appropriated funds to community and junior colleges through orders in the minutes of the board.
(b) To make studies of the needs of the state as they relate to the mission of the community and junior colleges.
(c) To approve new,
changes to and deletions of * * * career and technical programs
to the various colleges.
(d) To require community and junior colleges to supply such information as the board may request and compile, publish and make available such reports based thereon as the board may deem advisable.
(e) To approve proposed new attendance centers (campus locations) as the local boards of trustees should determine to be in the best interest of the district. Provided, however, that no new community/junior college branch campus shall be approved without an authorizing act of the Legislature.
(f) To serve as the state approving agency for federal funds for proposed contracts to borrow money for the purpose of acquiring land, erecting, repairing, etc., dormitories, dwellings or apartments for students and/or faculty, such loans to be paid from revenue produced by such facilities as requested by local boards of trustees.
(g) To approve
applications from community and junior colleges for state funds for * * * career-technical education
facilities.
(h) To approve any university branch campus offering lower undergraduate level courses for credit.
(i) To appoint members to the Post-Secondary Educational Assistance Board.
(j) To appoint members to the Authority for Educational Television.
(k) To contract with other boards, commissions, governmental entities, foundations, corporations or individuals for programs, services, grants and awards when such are needed for the operation and development of the state public community and junior college system.
(l) To fix standards for community and junior colleges to qualify for appropriations, and qualifications for community and junior college teachers.
(m) To have sign-off
approval on the State Plan for * * * Career and Technical
Education which is developed in cooperation with appropriate units of the State
Department of Education.
(n) To approve or disapprove of any proposed inclusion within municipal corporate limits of state-owned buildings and grounds of any community college or junior college and to approve or disapprove of land use development, zoning requirements, building codes and delivery of governmental services applicable to state-owned buildings and grounds of any community college or junior college. Any agreement by a local board of trustees of a community college or junior college to annexation of state-owned property or other conditions described in this paragraph shall be void unless approved by the board and by the board of supervisors of the county in which the state-owned property is located.
SECTION 10. 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 minimum foundation funds, any membership dues;
(s) To expend local school activity funds, or other available school district funds, other than minimum education program 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 except adequate
education program funds. 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 * * *
nonlicensed 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 as defined in Section 37-151-5(o), nor shall incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1). Mississippi Adequate Education Program funds or any other state funds may not be used for salary incentives or salary supplements as provided in this paragraph (mm);
(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; and
(bbb) 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.
SECTION 11. Section 37-13-153, Mississippi Code of 1972, is amended as follows:
37-13-153. State funding
for the home economics programs required in Section 37-13-151 shall be phased
in over a period of three (3) school years, beginning with the 1994-1995 school
year. In the * * *
adequate education program and * * * career and technical
education appropriation bills for fiscal year 1994-1995, there shall be a line
item specifying the amount that is to be expended to employ no less than one
(1) instructor in each high school in no less than one-third (1/3) of the
school districts in the state. In the minimum education program and * * * career and technical
education appropriation bills for fiscal year 1995-1996, there shall be a line
item specifying the amount that is to be expended to employ no less than one
(1) instructor in each high school in no less than two-thirds (2/3) of the
school districts in the state. In the minimum education program and * * * career and technical
education appropriation bills for fiscal year 1996-1997, there shall be a line
item specifying the amount that is to be expended to employ no less than one
(1) instructor in each high school in each school district in the state. Any
funds so appropriated by line item which are not expended for this purpose in
the * * *
career and technical education appropriation may be expended for other
related home economics vocational purposes during the fiscal year for which those
funds were appropriated. The State Board of Education shall determine which
districts shall receive funds for the home economics programs during each of
the three (3) years of the phase-in period.
SECTION 12. Section 37-13-155, Mississippi Code of 1972, is amended as follows:
37-13-155. Subject to the
availability of funds appropriated therefor, any school district or
community/junior college district may apply for funding through the Division of * * * Career and Technical
Education of the State Department of Education to acquire and operate a home
economics training program to provide instruction in quality child care and
educational programs to the local community.
SECTION 13. Section 37-27-17, Mississippi Code of 1972, is amended as follows:
37-27-17. When the State Superintendent of Public Education shall have received from the county superintendent of education of any county a statement showing that an agricultural high school has been located by the county board of education, that the land has been acquired, that necessary levy has been made by the board of supervisors, and that suitable buildings have been erected, including adequate boarding facilities, then the state superintendent shall visit such school and, after a thorough inspection thereof, make a full and complete report of said inspection to the State Board of Education. Should it appear to the State Board of Education that it would be to the interest of the state, and funds have been appropriated therefor, the board shall draw an order on the State Auditor in favor of the county depository or depositories for the sum of One Thousand Dollars ($1,000.00) for each county supporting an agricultural high school, for the use of the trustees of the said high school or schools. The auditor shall issue his warrant annually on the depository for this amount, but not more than One Thousand Dollars ($1,000.00) for each county supporting an agricultural high school shall be paid to any one (1) school in one (1) year for agricultural high school purposes, except as hereinafter provided.
All schools failing to make an average attendance of forty (40) or more students for the previous session shall receive only One Thousand Dollars ($1,000.00), as provided above.
After Twenty-five Thousand Dollars ($25,000) each year has been set aside as an equalizing fund to be disbursed by the State Board of Education where the need is greatest, which amount shall be distributed without reference to attendance, the remainder shall be distributed on the per capita basis of the average boarding attendance of the previous session. However, no school shall receive more than Five Thousand Five Hundred Dollars ($5,500.00) a year of the remainder.
Any consolidated school
carrying four (4) years' accredited high school work, doing work in vocational
agriculture and vocational home economics, as defined by the director of the
division of * * *
career and technical education, shall receive the following amounts
under conditions named:
Schools having enrolled not
less than twenty (20) all-day pupils in these classes shall receive Two Hundred * * * Fifty Dollars ($250.00) annually.
Schools having enrolled not less than thirty (30) all-day pupils in these classes shall receive Five Hundred Dollars ($500.00) annually.
Schools having enrolled not less than forty (40) all-day pupils in these classes shall receive Seven Hundred Fifty Dollars ($750.00) annually.
No aid shall be given an agricultural high school until the State Board of Education has approved the plans for the building and course of study for the same. The appropriations from the state treasury shall be made in such manner as to comply with the law, but the state aid may be withdrawn at any time, when the State Board of Education finds that a school is not being legally conducted for the purposes for which established.
SECTION 14. Section 37-28-53, Mississippi Code of 1972, is amended as follows:
37-28-53. (1) Each charter
school shall certify annually to the State Department of Education its student
enrollment, average daily attendance and student participation in the national
school lunch program, special education, * * * career and technical
education, gifted education, alternative school program and federal programs in
the same manner as school districts.
(2) Each charter school shall certify annually to the school board of the school district in which the charter school is located the number of enrolled charter school students residing in the school district.
SECTION 15. Section 37-29-163, Mississippi Code of 1972, is amended as follows:
37-29-163. It is hereby declared to be the
intent of the legislature that those funds appropriated to the state building
commission for the junior college * * * career and technical training
fund shall be expended to expand immediately and improve existing programs, to
institute new programs and to provide adequate equipment and facilities for
existing and new programs for * * * career and technical education
training individually or collectively within the public junior colleges of the
state. The legislature further declares its intent to be that the presently
existing physical facilities of the junior colleges shall be utilized in the
development and implementation of such * * * career and technical education
training programs where possible.
SECTION 16. Section 37-29-165, Mississippi Code of 1972, is amended as follows:
37-29-165. There is hereby created within the
state building commission a fund for the stimulation of the * * * career and technical education
training programs of the junior colleges of the State of Mississippi. All sums
of money received by the state building commission to carry out the provisions
of the Mississippi Junior College Vocational and Technical Training Law of 1964
shall be maintained in the state treasury and shall constitute a fund to be
known as the "junior college vocational and technical training
fund." All expenditures therefrom shall be authorized by the State
Building Commission in the manner set forth in Section 37-29-171. Such
expenditures shall be paid therefrom by the state treasurer on warrants issued
by the auditor of public accounts. Said auditor shall issue his warrant upon
requisition signed by the chairman and secretary of said commission.
SECTION 17. Section 37-31-1, Mississippi Code of 1972, is amended as follows:
37-31-1. The State of Mississippi hereby accepts
all the provisions and benefits of an act passed by the senate and house of
representatives of the United States of America, in congress assembled,
entitled: "An act to provide for the promotion of * * * career and technical education; to provide for co-operation with the state
in the promotion of such education in agriculture, trades and industries, home
economics and distributive education; to provide for co-operation with the
states in the preparation of teachers of * * * career and technical subjects, and to appropriate money and regulate its
expenditure," approved February 23, nineteen hundred seventeen, and known
as the "Smith-Hughes Act."
SECTION 18. Section 37-31-7, Mississippi Code of 1972, is amended as follows:
37-31-7. The State Board of
Education shall have all necessary authority to cooperate with the federal
board for * * *
career and technical education in the administration of the "Smith-Hughes
Act" and all subsequent federal * * * career and technical
education and training acts, to administer any legislation pursuant thereto
enacted by the State of Mississippi, and to administer the funds provided by
the federal government and the State of Mississippi under the provisions of
Sections 37-31-1 through 37-31-15 for the promotion of * * * career and technical
education not terminating in a bachelors degree. It shall have full authority
to formulate plans for the promotion of * * * career and technical
education in such subjects as are an essential and integral part of the public
school system of education in the State of Mississippi, to provide for the
preparation of teachers of such subjects, and to escrow funds for students
participating in recognized articulated business/industry specific worksite
learning programs. It shall have authority to fix the compensation of such
officials and assistants as may be necessary to administer the "Smith-Hughes
Act" and Sections 37-31-1 through 37-31-15 for the State of Mississippi
and to pay such compensation and other necessary expenses of administration
from funds appropriated under provisions of said sections. It shall have
authority to make studies and investigations relating to * * * career and technical
education in such subjects; to publish the results of such investigations and
to issue other publications as seem necessary by the board; to promote and aid
in the establishment by local communities of schools, departments or classes
giving training in such subjects; to cooperate with local communities in the
maintenance of such schools, department or classes; to prescribe qualifications
for the teachers, directors and supervisors of such subjects, and to have full
authority to provide for the licensure and renewal of licenses of such
teachers, directors and supervisors; to cooperate in the maintenance of classes
supported and controlled by the public for the preparation of teachers,
directors and supervisors of such subjects or to maintain such classes under
its own direction and control; and to establish and determine by general
regulations the qualifications to be possessed by persons engaged in the
training of * * *
career and technical education teachers.
SECTION 19. Section 37-31-11, Mississippi Code of 1972, is amended as follows:
37-31-11. The State of Mississippi shall appropriate
sums of money for the support of * * * career and technical
education from year to year, sufficient at least to equal the amounts allotted
year by year to the State of Mississippi for * * * career and technical
education by the federal government under the provisions of the "Smith-Hughes
Act."
SECTION 20. Section 37-31-13, Mississippi Code of 1972, is amended as follows:
37-31-13. (1) Any
appropriation that may be made under the provisions of Sections 37-31-1 through
37-31-15 shall be used by the board for the promotion of * * * career and technical
education as provided for in the "Smith-Hughes Act" and for the
purpose set forth in Sections 37-31-1 through 37-31-15. The state
appropriation shall not be used for payments to high schools which are now
receiving other state funds, except in lieu of not more than one-half (1/2) the
amount that may be due such high schools from federal funds. Only such portion
of the state appropriation shall be used as may be absolutely necessary to
carry out the provisions of Sections 37-31-1 through 37-31-15, and to meet the
federal requirements. Except as provided in subsection (2) of this section,
the state appropriation shall not be used for payments to high schools for
conducting * * *
career and technical education programs for more than ten (10) months in
any school year, and only funds other than adequate education program funds may
be expended for such purpose.
(2) Subject to annual
approval by the State Board of Education, extended contracts for vocational
agriculture education services and other related * * * career and technical
education services which contribute to economic development may be conducted by
local school districts, and state appropriations may be used for payments to
school districts providing such services. The board of trustees of each school
district shall determine whether any proposed services contribute to the
economic development of the area. Local districts may apply to the Division of * * * Career and Technical
Education of the State Department of Education for any state funds available
for these extended contracts. The State Board of Education shall establish the
application process and the selection criteria for this program. The number of
state funded extended contracts approved by the State Board of Education will
be determined by the availability of funds specified for this purpose. The
State Board of Education's decision shall be final. Payments under this subsection
shall only be available to those high schools whose teachers of * * * career and technical programs
are responsible for the following programs of instruction during those months
between the academic years: (a) supervision and instruction of students in
agricultural or other * * *
career and technical experience programs; (b) group and individual
instruction of farmers and agribusinessmen; (c) supervision of student members
of youth groups who are involved in leadership training or other activity
required by state or federal law; or (d) any program of vocational agriculture
or other * * *
career-and-technical-related services established by the Division of * * * Career and Technical
Education of the State Department of Education that contribute to the economic
development of the geographic area.
SECTION 21. Section 37-31-15, Mississippi Code of 1972, is amended as follows:
37-31-15. The school board
may, in its discretion, cooperate with the State Board of Education in the
establishment and maintenance of * * * career and technical schools
or classes giving instruction in * * * career and technical training
which does not terminate in a bachelors degree to persons in need of such
instruction, and may use for paying the cost of such cooperation any monies
raised by public taxation in the same manner as monies for other school
purposes are used for the maintenance and support of public schools.
SECTION 22. Section 37-31-61, Mississippi Code of 1972, is amended as follows:
37-31-61. The State Board
of Education is hereby authorized and empowered to establish and conduct
schools, classes or courses, for preparing, equipping and training citizens of
the State of Mississippi for employment in gainful * * * career and technical
occupations which do not terminate in a bachelors degree, in conjunction with
any public school, agricultural high school or community/junior college.
The trustees of such school districts, as classified and defined by law, including those already having this authority, and the trustees of agricultural high schools and community/junior colleges may, with the consent in writing of the State Board of Education, establish and conduct such schools, classes or courses, under the provisions herein stated and under the general supervision of the board.
SECTION 23. Section 37-31-69, Mississippi Code of 1972, is amended as follows:
37-31-69. (1) The school
board of a local school district, in its discretion, may establish and
implement a * * *
career and technical education apprenticeship program in the high
schools in that district through which students may earn high school units for * * * career and technical education
experience as an alternative to those high school units required by the school
district in addition to the core curriculum defined by the State Board of
Education. The purpose of a * * * career and technical education apprenticeship
program established pursuant to this section shall be to provide those students
with skills and training that will lead to gainful employment in a trade or
other specialized vocation.
(2) Students who
participate in the * * *
career and technical education apprenticeship program shall be required
to complete all high school units comprising the core curriculum, as defined by
the State Board of Education. In addition, a student in the * * * career and technical education
apprenticeship program may be awarded credit for an additional eight (8) high
school units earned through the * * * career and technical education
apprenticeship program, which units shall apply toward, and must be recognized
by the State Board of Education in fulfillment of, the local school district's
graduation requirements. Units may be awarded in the * * * career and technical education
apprenticeship program, whereby a student gains actual work experience through
employment in a job approved by the local school district. The local school
district shall adopt policies governing the participation of students in the * * * career and technical education
apprenticeship program.
(3) Students successfully
completing a * * *
career and technical education apprenticeship program established
pursuant to this section are entitled to a diploma evidencing graduation from a
high school in Mississippi.
SECTION 24. Section 37-31-103, Mississippi Code of 1972, is amended as follows:
37-31-103. (1) The State Board of Education is authorized to develop and establish special education and skill training programs to fill specific employment opportunities in areas of the state that have both employment opportunities and able-bodied unemployed and underemployed groups of adults, with priority to be given to unemployed adults.
This program shall be
administered by the division of * * * career and technical
education in community/junior colleges and secondary school systems wherever
practical, and shall have general supervision over the programs established by
Sections 37-31-101 through 37-31-111. Programs shall parallel, complement and
be compatible with the existing structure of all * * * career-technical education,
both state and federal, as operated under the board.
(2) A comprehensive program of educational activity including skill training shall be developed and tailored to meet the needs of each individual student and the needs of industry for specially trained workers, and programs shall be planned and operated flexibly in order that students may progress individually.
Specific employment objectives that are practical for each student shall be identified early in the program and the individual trained accordingly.
Programs may include, when
needed for employment purposes, but not be limited to, basic education,
remedial education, attitude training, employability and communications skills,
prevocational, * * *
career and technical education, and supplementary and related
instruction for on-the-job training whether conducted at the job site or
elsewhere.
(3) Local craft advisory committees made up of potential employers shall be established to advise on the validity of the training curriculum being offered.
(4) Programs shall be developed on a project basis, with all projects considered temporary, and renewed only as long as the dual needs of qualified students exist and potential job opportunities can be identified. Each project shall consist of a minimum of: (a) statement of need, (b) occupational training plan, (c) budget, and (d) budget backup information.
(5) Full-time (forty (40) hours per week), part-time, and upgrading programs are authorized, and all programs as conducted by local school districts shall meet or exceed the standards of the board, and failure to do so by a school district shall result in loss of funds as provided in Sections 37-31-101 through 37-31-111.
(6) Utilization shall be made of existing equipment, materials and facilities purchased by previous programs such as the Manpower Development and Training Program, Public Law 87-415, 42 USCA 2571, et seq., whenever practical and legal.
(7) The board shall review local public school and community/junior college project proposals to determine appropriateness of content, length of training, hours of instruction per week, and whether estimated costs are realistic, and shall evaluate, monitor and provide needed services in support of the local projects.
(8) The board shall be
responsible for state level development and coordination of a * * * career and technical education
program which shall include but not be limited to the following: A program
which will provide immediate training for established industries and which
provides training for prospective employees for new and expanding industry,
such program to be characterized with a strong emphasis on the employment needs
of the state.
SECTION 25. Section 37-31-111, Mississippi Code of 1972, is amended as follows:
37-31-111. An annual report
on program activities and results shall be prepared by the State Department of
Education, * * *
career and technical education division, and submitted to the
Legislature with the overall annual * * * career and technical
education report.
SECTION 26. Section 37-31-201, Mississippi Code of 1972, is amended as follows:
37-31-201. Wherever used in
this chapter, or in any other statute, rule or regulation affecting the * * * Career and Technical
Education Division of the State Department of Education and any of its
functions or duties:
(a) The word "board" shall mean and refer to the State Board of Education.
(b) The word
"division" shall mean and refer to the Mississippi Division of * * * Career and Technical Education
of the State Department of Education.
SECTION 27. Section 37-31-205, Mississippi Code of 1972, is amended as follows:
37-31-205. (1) The State Board of Education shall have the authority to:
(a) Expend funds received either by appropriation or directly from federal or private sources;
(b) Channel funds to
secondary schools, community and junior colleges and regional * * * career-technical facilities
according to priorities set by the board;
(c) Allocate funds on an annual budgetary basis;
(d) Set standards for
and approve all * * *
career and technical education programs in the public school system and
community and junior colleges or other agencies or institutions which receive
state funds and federal funds for such purposes, including, but not limited to,
the following * * *
career and technical education programs: agriculture, trade and
industry, occupational home economics, consumer and homemaking education,
distributive education, business and office, health, industrial arts, guidance
services, technical education, cooperative education, and all other specialized
training not requiring a bachelor's degree, with the exception of programs of
nursing education regulated under the provisions of Section 37-129-1. The
State Board of Education shall authorize local school boards, within such
school board's discretion, to offer distributive education as a one-hour or two-hour
block course. There shall be no reduction of payments from state funding for
distributive education due to the selection of either the one-hour or two-hour
course offering;
(e) Set and publish
licensure standards for * * *vocational career and technical education personnel.
The State Board of Education shall recognize a * * * career and technical
education teacher's work when school is not in session which is in the
teacher's particular field of instruction as a means for the teacher to fulfill
the requirements for renewal of the teacher's license. The board shall
establish, by rules and regulations, the documentation of such work which must
be submitted to the board and the number of actual working hours required to
fulfill renewal requirements. If a * * * career and technical
education teacher who does not have a bachelor's degree takes classes in
fulfillment of licensure renewal requirements, such classes must be in
furtherance of a bachelor's degree;
(f) Require data and information on program performance from those programs receiving state funds;
(g) Expend funds to expand career information;
(h) Supervise and
maintain the Division of * * *Vocational Career and Technical Education and to
utilize, to the greatest extent possible, the division as the administrative
unit of the board responsible for coordinating programs and services with local
institutions;
(i) Utilize
appropriate staff of the State Department of Education to perform services for
the * * *
career and technical education student organizations, including, but not
limited to, procurement, accounting services, tax services and banking
services. The department may also procure and pay for annual audits of the * * * career and technical education
student organizations using * * * career and technical education
funds or other available funds of the State Department of Education. It is the
intent of this provision that any related costs be paid with * * * career and technical education
funds appropriated by the Legislature;
(j) Promulgate such rules and regulations necessary to carry out the provisions of this chapter in accordance with Section 25-43-1 et seq.;
(k) Set standards and
approve all * * *
career and technical education equipment and facilities purchased and/or
leased with state and federal * * * career and technical education
funds;
(l) Encourage
provisions for lifelong learning and changing personal career preferences and
advancement of * * *
career and technical education students through articulated programs
between high schools and community and junior colleges;
(m) Encourage the establishment of new linkages with business and industry which will provide for a better understanding of essential labor market concepts;
(n) Periodically review the funding and reporting processes required of local school districts by the board or division with the aim of simplifying or eliminating inefficient practices and procedures;
(o) Assist in the development of high technology programs and resource centers to support current and projected industrial needs;
(p) Assist in the development of a technical assistance program for business and industry which will provide for industrial training and services, including the transfer of information relative to new applications and advancements in technology; and
(q) Enter into
contracts and agreements with the Mississippi Community College Board
for conditions under which * * * career and technical
education programs in community and junior colleges shall receive state and
federal funds which flow through the State Board of Education for such
purposes.
(2) It is the intent of the
Legislature that no * * *
career and technical education course or program existing on June 30,
1982, shall be eliminated by the State Board of Education under the authority
vested in paragraph (d) of subsection (1) of this section prior to June 30,
1985. It is further the intent of the Legislature that no * * * career and technical
education teacher or other personnel employed on June 30, 1983, shall be
discharged due to licensure standards promulgated by the board under paragraph
(e) of subsection (1) of this section, if any such teacher or personnel shall
have complied with any newly published licensure standards by June 30, 1985.
Nothing contained in this section shall be construed to abrogate or affect in
any manner the authority of local public school districts or community and
junior colleges to eliminate * * * career and technical
education courses or programs or to discharge any * * * career and technical
education teacher or other personnel.
(3) The State Board of
Education and the Mississippi Community College Board may provide that
every * * *
career and technical education course or program in Mississippi may
integrate academic and * * *
career-technical education through coherent sequences of courses, so
that students in such programs achieve both academic and occupational
competencies. The boards may expend federal funds available from the 1990
Perkins Act, or other available federal funds, for the alignment of * * * career-technical programs
with academic programs through the accreditation process and the teacher
licensure process.
SECTION 28. Section 37-31-207, Mississippi Code of 1972, is amended as follows:
37-31-207. The State Board of Education shall have the following duties:
(a) To seek the best available projections of employment and occupations for Mississippians;
(b) To utilize these
projections and other considerations to set * * * career and technical
education priorities;
(c) To utilize the services of all state agencies having information regarding the purposes of this chapter;
(d) To cooperate with the governor's office of job development and training and the board of economic development to prevent duplication and provide continuity of employment and training services;
(e) To conduct
evaluations of the success or failure of * * * career-technical programs,
including the extent to which training actually leads to jobs in the field in
which the student was trained;
(f) Obtain and publish
data and information on program performance from those * * * career-technical programs
receiving state funds; and
(g) To notify local
school districts and public community/junior colleges prior to March 1 annually
of any discontinuation of ongoing * * * career and technical education
programs which would affect the renewing of contracts with * * * career and technical education
personnel.
SECTION 29. Section 37-31-211, Mississippi Code of 1972, is amended as follows:
37-31-211. The Legislature
shall appropriate to the State Board of Education those state funds to be
expended by the board through the Division of * * * Career and Technical
Education of the State Department of Education.
SECTION 30. Section 37-33-155, Mississippi Code of 1972, is amended as follows:
37-33-155. (1) There is
created the State Board of Rehabilitation Services, which shall consist of two
(2) appointed members and the following five (5) officials: the Executive
Officer of the State Department of Health; the Executive Director of the State
Department of Mental Health; the State Superintendent of Public Education, or
his designee; the Director of the Division of * * * Career and Technical
Education of the State Department of Education; and the Executive Director of
the Department of Human Services.
Of the two (2) appointed members, one (1) shall be either an individual who is a client of vocational rehabilitation services or a parent of an individual who is a client of vocational rehabilitation services, and the other shall be either an individual who is visually impaired or a parent of an individual who is visually impaired. The appointed members shall be appointed by the Governor from the state at large, with one (1) appointed for a term to expire on July 1, 1994, and the other appointed for a term to expire on July 1, 1996. Upon the expiration of the initial terms, the members shall be appointed for terms of five (5) years from the expiration date of the previous term. All original and subsequent appointments shall be with the advice and consent of the Senate. An appointment to fill a vacancy, other than by expiration of a term of office, shall be made for the balance of the unexpired term. No board appointee shall be an employee or elected official of the State of Mississippi or a political subdivision thereof, or an employee of the former State Department of Rehabilitation Services before July 1, 1989, or an employee of the Division of Rehabilitation Services of the Department of Human Services or any subordinate administrative unit of the division before July 1, 1991, or an employee of the State Department of Rehabilitation Services after June 30, 1991.
(2) The board shall elect a chairperson from its membership at the first meeting of the original board members and every two (2) years thereafter on July 15 of the year. A majority of the membership of the board shall constitute a quorum for the transaction of any business, and the board shall meet at least quarterly and hold other meetings as are necessary for the purpose of conducting required business. All meetings of the board shall be called by the chairperson, except the first meeting of the original board members, which shall be called by the Governor.
(3) The appointed members of the board shall be compensated at a per diem rate as authorized by Section 25-3-69, plus actual and necessary expenses as authorized by Section 25-3-41. Members of the board appointed before July 1, 1991, shall be paid compensation and expenses under this subsection from funds available to the Division of Rehabilitation Services of the Department of Human Services.
SECTION 31. Section 37-47-17, Mississippi Code of 1972, is amended as follows:
37-47-17. Applications for the expenditure of funds to the credit of any school district in the state public school building fund shall originate with the school board of the school district entitled to such funds. Before any funds to the credit of a school district shall be expended for capital improvements or the retirement of outstanding bonded indebtedness, the school board of such school district shall prepare and submit an application in such form as may be prescribed by the commission. There shall be included with such application a statement in which there is set forth the enrollment and average daily attendance in the schools of the district divided as to schools and grades, the number of teachers employed, the facilities in use, the facilities to be provided with the funds to be expended, the outstanding school indebtedness, and such other information as the commission may require. Such application and statement shall be submitted directly to the commission and approved or disapproved by it. The decision of the commission shall be final, unless an appeal to the chancery court shall be taken in the manner provided by law. In the event any application shall be disapproved by the commission, the school board submitting same shall be notified of such disapproval, which notice of disapproval shall be accompanied by a statement of the reason or reasons for such disapproval.
The commission shall approve
only those applications which are found to be proper under the provisions of
this chapter and the applicable rules and regulations of the commission. When
an application is approved for the expenditure of funds for capital
improvements, the contract for the construction of such capital improvements
shall be entered into and awarded by the school board of the school district in
the manner provided in this chapter; however, the contract for construction of
a secondary * * *
career and technical education training center for exclusive use
and operation by a school district may be entered into and awarded by the board
of trustees of a junior college district where a grant of federal funds by the
Appalachian Commission has been made to the board of trustees of such junior
college district to assist in financing construction of such secondary * * * career and technical education
training facility for such school district.
SECTION 32. Section 37-47-19, Mississippi Code of 1972, is amended as follows:
37-47-19. Where the
expenditure of any funds to which any school district may be entitled has been
authorized, as provided in Section 37-47-17, such funds shall be withdrawn from
the public school building fund by the commission and deposited in the school
depository to the credit of the school district entitled thereto as a special
fund to be known as the "Public School Building Fund" of the school
district entitled thereto. Such money so deposited shall be paid out and expended
in the same manner as may be now or hereafter provided by law for the
expenditure of other school funds belonging to such district; however, where
the contract for construction of a secondary * * * career and technical education
training center shall have been entered into and awarded by the board of
trustees of a junior college district as authorized by Section 37-47-29, the
money so deposited in the public school building fund of the school district
for which said facility is being constructed may be paid out and expended to
pay a part of the cost of construction of such facility.
SECTION 33. Section 37-47-29, Mississippi Code of 1972, is amended as follows:
37-47-29. All contracts for
capital improvements by any school district which are financed in whole or in
part with funds received from the state public school building fund pursuant to
an application approved by the commission shall be awarded and entered into
upon receipt of sealed bids or proposals after the time and place of letting
such contracts and the manner of bidding has been duly advertised. The
contract shall be let and awarded to the lowest and best bidder but the board
of trustees or other governing body of the school district shall have the power
to reject any and all bids. No such contract shall be finally awarded or
entered into without the prior written approval of the commission. It is
hereby expressly provided that in order to bid upon and be awarded contracts
for the construction of school facilities under the provisions of this chapter,
if such contract, subcontract or undertaking is less than Fifty Thousand
Dollars ($50,000.00), it shall not be necessary that the bidder obtain a
certificate of responsibility from the Board of Public Contractors under the
provisions of Chapter 3, Title 31, of the Mississippi Code of 1972, or
otherwise be qualified under said chapter, and none of the provisions of said
chapter shall be applicable to such contracts for the construction of school
facilities under the provisions hereof. Notwithstanding the foregoing
provisions of this section or any other provisions of law, the contract
for construction of a secondary * * * career and technical education
training center for exclusive use and operation by a county school district may
be entered into and awarded by the board of trustees of a junior college
district where a grant of federal funds by the Appalachian Commission has been
made to the board of trustees of such junior college district to assist in
financing construction of such secondary * * * career and technical education
training facility for such county school district.
SECTION 34. Section 37-151-7, Mississippi Code of 1972, is amended as follows:
37-151-7. The annual allocation to each school district for the operation of the adequate education program shall be determined as follows:
(1) Computation of the basic amount to be included for current operation in the adequate education program. The following procedure shall be followed in determining the annual allocation to each school district:
(a) Determination of average daily attendance. Effective with fiscal year 2011, the State Department of Education shall determine 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 shall 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. In any fiscal year prior to 2010 in which the MAEP formula is not fully funded, 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, shall 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 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 2011 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 shall 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 shall 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 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 shall 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.
Prior to 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 shall 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 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 shall 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 shall 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 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 shall 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 shall 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 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 shall 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. Provided, however, that 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 shall be increased by an amount equal 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 shall 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 shall 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 such school district, which yields the total adjustment for at-risk pupil programs for such 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 shall be computed as follows:
(i) Transportation cost shall be the amount allocated to such school district for the operational support of the district transportation system from state funds.
(ii) * * * Career or technical education
program cost shall be the amount allocated to such school district from state
funds for the operational support of such programs.
(iii) Special education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(iv) Gifted education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
(v) Alternative school program cost shall be the amount allocated to such school district from state funds for the operational support of such 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., Mississippi Code of 1972.
(viii) Bus driver training programs shall be the amount provided for those driver training programs as provided for in Section 37-41-1, Mississippi Code of 1972.
The sum of the items listed
above (i) transportation, (ii) * * * career 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. 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 shall provide toward the cost of the adequate education program shall 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 shall be set at a level which generates an equitable amount per pupil to be determined by the State Board of Education. The local contribution amount for school districts in which there is located one or more charter schools will be calculated using the following methodology: using the adequate education program twenty-eight (28) mill value, or the twenty-seven percent (27%) cap amount (whichever is less) for each school district in which a charter school is located, an average per pupil amount will be calculated. This average per pupil amount will be multiplied times the number of students attending the charter school in that school district. The sum becomes the charter school's local contribution to the adequate education program.
(b) The State Department of Education shall 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), Mississippi Code of 1972; (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), Mississippi Code of 1972; 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) Provided, however, that in fiscal year 2015, any increase in the said state contribution to any district calculated under this section shall be not less than six percent (6%) in excess of the amount received by said district from state funds for fiscal year 2002; in fiscal year 2016, any increase in the said state contribution to any district calculated under this section shall be not less than four percent (4%) in excess of the amount received by said district from state funds for fiscal year 2002; in fiscal year 2017, any increase in the said state contribution to any district calculated under this section shall be not less than two percent (2%) in excess of the amount received by said district from state funds for fiscal year 2002; and in fiscal year 2018 and thereafter, any increase in the said state contribution to any district calculated under this section shall be zero percent (0%). 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, Mississippi Code of 1972, 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, said school board may notify the State Department of Education of such disaster and submit a plan for altering the school term. If the State Board of Education finds such disaster to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor's or President's disaster declaration, it may permit said 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 such 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 such 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, Mississippi Code of 1972, until such time as the said 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, such 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, * * * career and technical education
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 such refinancing will result in an interest cost savings to the district.
(d) From and after October 1, 1997, through June 30, 1998, pursuant to a school district capital expenditure plan approved by the State Department of Education, a school district may pledge such funds until July 1, 2002, plus funds provided for in paragraph (e) of this subsection (4) that are not otherwise permanently pledged under such 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, Mississippi Code of 1972, or debt issued by boards of supervisors for agricultural high schools pursuant to Section 37-27-65, Mississippi Code of 1972, or lease-purchase contracts entered into pursuant to Section 31-7-13, Mississippi Code of 1972, or to retire or refinance outstanding debt of a district, if such pledge is accomplished pursuant to 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 such 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 such 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 such 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, Mississippi Code of 1972.
(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 said twenty percent (20%) of its annual allotment for instructional purposes if it determines that such 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.
(5) The State Department of Education shall make payments to charter schools for each student in average daily attendance at the charter school equal to the state share of the adequate education program payments for each student in average daily attendance at the school district in which the public charter school is located. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides as determined in subsection (2)(a) of this section.
SECTION 35. Section 37-151-79, Mississippi Code of 1972, is amended as follows:
37-151-79. In addition to
other funds provided for in this chapter, there shall be added to the allotment
for each school district for each * * * career and technical education
teacher employed full time during the regular school term in a * * * career and technical
education program approved by the State Department of Education the value of
one-half (1/2) of the adequate education program salary schedule provided in
Section 37-19-7, Mississippi Code of 1972, based on the type of certificate and
number of years' teaching experience held by each approved * * * career and technical education
teacher plus one hundred percent (100%) of the applicable employer's rate for
social security and state retirement.
SECTION 36. Section 37-151-97, Mississippi Code of 1972, is amended as follows:
37-151-97. The State Department of Education shall develop an annual reporting process to inform the Legislature, local district personnel and the general public as to the ongoing and future plans for the state's educational programs. The annual reporting process will include those vital statistics that are commonly reported by schools and districts and that can provide clear demographic, strategic and educational information to constituencies such as, but not limited to, the following information:
(a) Student enrollment, attendance, drop-out and graduation;
(b) Overall student and district achievement;
(c) Budget, administrative costs and other pertinent fiscal information, including:
(i) The receipts and disbursements of all school funds handled by the board;
(ii) Reports of expenditures for public schools, which, upon request must be made available on an individual district basis by the State Department of Education;
1. Total Student Expenditures:
a. Instruction (1000s);
b. Other Student Instructional Expenditures (2100s, 2200s);
2. General Administration (2300s and 2500s);
3. School Administration (2400s);
4. Other Expenditures (2600s, 2700s, 2800s, 3100s, 3200s); and
5. Nonoperational Expenditures (4000s, 5000s, 6000s);
(iii) The number of school districts, schoolteachers employed, school administrators employed, pupils taught and the attendance record of pupils therein;
(iv) County and district levies for each school district and agricultural high school;
(v) The condition
of * * *
career and technical education, a list of schools to which federal and
state aid has been given, and a detailed statement of the expenditures of
federal funds and the state funds that may be provided, and the ranking of
subjects taught as compared with the state's needs.
(d) Other as directed by the State Board of Education.
Further, the reporting process will include an annual report developed specifically to relate the mission and goals of the State Board of Education, state superintendent and departments. This document will become the method through which the strategic planning and management process of the department is articulated to the public. It will explain and inform the public of the major initiatives of the department and clearly identify rationale for program development and/or elimination. The report will establish benchmarks, future plans and discuss the effectiveness of educational programs.
In addition to the information specified herein, the State Board of Education shall have full and plenary authority and power to require the furnishing of such further, additional and supplementary information as it may deem necessary for the purpose of determining the cost of the adequate education program in such school district for the succeeding fiscal year, the amount of the adequate education program funds to be allotted to each school district for the succeeding fiscal year, and for any other purpose authorized by law or deemed necessary by said State Board of Education.
It shall be the duty of the State Department of Education to prescribe the forms for the reports provided for in this section.
SECTION 37. Section 37-153-11, Mississippi Code of 1972, is amended as follows:
37-153-11. (1) There are created workforce development centers to provide assessment, training and placement services to individuals needing retraining, training and upgrading for small business and local industry. Each workforce development center shall be affiliated with a separate public community or junior college district.
(2) Each workforce development center shall be staffed and organized locally by the affiliated community college. The workforce development center shall serve as staff to the affiliated district council.
(3) Each workforce development center, working in concert with its affiliated district council, shall offer and arrange services to accomplish the purposes of this chapter, including, but not limited to, the following:
(a) For individuals needing training and retraining:
(i) Recruiting, assessing, counseling and referring to training or jobs;
(ii) Preemployment training for those with no experience in the private enterprise system;
(iii) Basic literacy skills training and high school equivalency education;
(iv) * * * Career and technical education
training, full-time or part-time; and
(v) Short-term skills training for educationally and economically disadvantaged adults in cooperation with federally established employment and training programs;
(b) For specific small businesses, industries or firms within the district:
(i) Job analysis, testing and curriculum development;
(ii) Development of specific long-range training plans;
(iii) Industry or firm-related preemployment training;
(iv) Workplace basic skills and literacy training;
(v) Customized skills training;
(vi) Assistance in developing the capacity for total quality management training;
(vii) Technology transfer information and referral services to business of local applications of new research in cooperation with the University Research Center, the state's universities and other laboratories; and
(viii) Development of business plans;
(c) For public schools within the district technical assistance to secondary schools in curriculum coordination, development of tech prep programs, instructional development and resource coordination; and
(d) For economic development, a local forum and resource center for all local industrial development groups to meet and promote regional economic development.
(4) Each workforce development center shall compile and make accessible to the Mississippi Workforce Investment Board necessary information for use in evaluating outcomes of its efforts and in improving the quality of programs at each community college, and shall include information on literacy initiatives. Each workforce development center shall, through an interagency management information system, maintain records on new small businesses, placement, length of time on the job after placement and wage rates of those placed in a form containing such information as established by the state council.
(5) The Mississippi Community College Board is authorized to designate one or more workforce development centers at the request of affiliated community or junior colleges to provide skills training to individuals to enhance their ability to be employed in the motion picture industry in this state.
SECTION 38. Section 47-5-501, Mississippi Code of 1972, is amended as follows:
47-5-501. Except as
otherwise specifically provided by law, it is hereby declared to be the intent
of the Legislature to provide * * * career and technical
education and training for offenders in the custody of the Mississippi
Department of Corrections and simultaneously reimburse the state for the
expenses of incarcerating such offenders. To implement this goal, the
Legislature intends for the Department of Corrections to work in conjunction
with private industry to locate viable industries and businesses on property
utilized by the State Prison Correctional System and utilize offenders in the
custody of the Department of Corrections as the labor force necessary to
conduct their operations.
SECTION 39. Section 47-5-505, Mississippi Code of 1972, is amended as follows:
47-5-505. (1) Except as
otherwise specifically provided by law, the * * * Mississippi
Development Authority, and the Mississippi State University Cooperative
Extension Service shall collaborate with the Department of Corrections in an
initial evaluation of viable industries and businesses readily found in the
present economy and a determination of which of these would effectively
function within the correctional industries work program. Special consideration
shall be given to those industries and businesses which will provide * * * career and technical
education and training for offenders so as to assist offenders in functioning
more successfully following their release from custody.
(2) Except as otherwise
specifically provided by law, in conjunction with the initial evaluation and
determination described in subsection (1) of this section, the * * * Mississippi
Development Authority shall have the primary responsibility of identifying
and evaluating acceptable industries and businesses and of acting as an agent
of the Department of Corrections by communicating with such concerns and
aggressively soliciting their participation in the correctional industries work
program.
(3) Except as otherwise specifically provided by law, after an acceptable industry or business has expressed an interest in participating in the correctional industries work program, the Department of Corrections shall negotiate any necessary contractual agreements and arrangements between the concern and the Department of Corrections, including (a) leases of up to twenty-five (25) years, renewable at the option of the lessee for an additional ten-year period at the end of each lease term, of any property utilized by the state prison correctional system, and (b) authorization for such industry or business to develop leased property in a manner necessary to conduct the operation or project.
(4) Except as otherwise specifically provided by law, any contracts concerning the leasing of real property by the Board of Corrections, any rules and regulations promulgated by the board and the making of any contract by the Department of Corrections with any private business shall be ratified and approved by the Governor's Office of General Services.
SECTION 40. Section 47-5-507, Mississippi Code of 1972, is amended as follows:
47-5-507. The participating
industry or business shall be responsible for providing the offenders with any * * * career and technical
education or training necessary for employment. Upon an offender's release
from custody, the participating industry or business may offer such offender a
similar employment opportunity at a free-world location or facility operated by
the industry or business.
SECTION 41. Section 47-5-949, Mississippi Code of 1972, is amended as follows:
47-5-949. The correctional
facility authorized in Section 47-5-943 shall provide any juvenile offender
housed in the facility with continuing education throughout his incarceration
which leads to the presentation of a high school diploma or High School
Equivalency Diploma equivalent. The facility also shall provide a program of * * * career and technical
education, which is to be included in the continuing education program for a
high school diploma or High School Equivalency Diploma equivalent.
SECTION 42. Section 57-1-56, Mississippi Code of 1972, is amended as follows:
57-1-56. The Occupational
Information Coordinating Committee shall be located within the * * *
Mississippi Development Authority and shall develop and implement an
occupational information system for * * * career and technical
education, employment and training programs.
SECTION 43. Section 69-5-1, Mississippi Code of 1972, is amended as follows:
69-5-1. In order to promote
agricultural and industrial development in Mississippi and to encourage the
farmers to grow better livestock and agricultural products, there is hereby
created a body politic and corporate to be hereafter known as the
"Mississippi Fair Commission," which said body politic and corporate
shall be under the management and control of said commission to be named by the
Governor as follows: The Commissioner of Agriculture and Commerce, chairman,
the Director of the Mississippi Extension Service, President of the Mississippi
Livestock Association, the Director of Mississippi * * * Career and Technical
Education, and a representative of Mississippi Association of Fairs, a
representative of the Agricultural and Industrial Board, and a representative
of the City Commission of Jackson, Mississippi, all to serve four (4) years
without salary compensation. Should a vacancy occur by resignation or death,
the Governor shall appoint a successor.
SECTION 44. Section 69-2-5, Mississippi Code of 1972, is amended as follows:
69-2-5. (1) The
Mississippi Cooperative Extension Service shall act as a clearinghouse for the
dissemination of information regarding programs and services which may be
available to help those persons and businesses which have been adversely
affected by the present emergency in the agricultural community. The
Cooperative Extension Service shall develop a plan of assistance which shall
identify all programs and services available within the state which can be of
assistance to those affected by the present emergency. The Department of
Agriculture and Commerce, Department of Finance and Administration, Department
of Human Services, Department of Mental Health, State Department of Health,
Board of Trustees of State Institutions of Higher Learning, Mississippi
Community College Board, Research and Development Center, Mississippi
Development Authority, Department of Employment Security, Office of the
Governor, Board of * * *
Career and Technical Education, Mississippi Authority for Educational
Television, and other agencies of the state which have programs and services
that can be of assistance to those affected by the present emergency, shall
provide information regarding their programs and services to the Cooperative
Extension Service for use in the clearinghouse. The types of programs and
services shall include, but not be limited to, financial counseling, farm and small
business management, employment services, labor market information, job
retraining, * * *
career and technical training, food stamp programs, personal counseling,
health services, and free or low cost legal services. The clearinghouse shall
provide a single contact point to provide program information and referral
services to individuals interested or needing services from state-funded
assistance programs affecting agriculture, horticulture, aquaculture and other
agribusinesses or related industries. Such assistance information shall
identify all monies available under the Small Business Financing Act, the
Business Investment Act, the Emerging Crops Fund legislation and any other
sources which may be used singularly or combined, to provide a comprehensive
financing package. The provisions of this section in establishing a single
contact point for information and referral services shall not be construed to
authorize the hiring of additional personnel.
(2) The Cooperative Extension Service may accept monetary or in-kind contributions, gifts and grants for the establishment or operation of the clearinghouse.
(3) The Cooperative Extension Service shall establish a method for the dissemination of information to those who can be benefited by the existing programs and services of the state.
(4) The Cooperative Extension Service shall file an annual report with the Governor, Lieutenant Governor and Speaker of the House of Representatives regarding the efforts which have been made in the clearinghouse operation. The report shall also recommend any additional measures, including legislation, which may be needed or desired in providing programs and benefits to those affected by the agricultural emergency.
SECTION 45. Section 73-15-21, Mississippi Code of 1972, is amended as follows:
73-15-21. (1) Licensed practical nurse applicant qualifications. Any applicant for a license to practice practical nursing as a licensed practical nurse shall submit to the board:
(a) An attested written application on a Board of Nursing form;
(b) A diploma from an approved high school or the equivalent thereof, as determined by the appropriate educational agency;
(c) Written official
evidence of completion of a practical nursing program approved by the State
Department of Education through its Division of * * * Career and Technical
Education, or one approved by a legal accrediting agency of another state,
territory or possession of the United States, the District of Columbia, or a
foreign country which is satisfactory to this board;
(d) Evidence of competence in English related to nursing, provided the first language is not English;
(e) Any other official records required by the board.
In addition to the requirements specified in paragraphs (a) through (e) of this subsection, in order to qualify for a license to practice practical nursing as a licensed practical nurse, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33. To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
The board may, in its discretion, refuse to accept the application of any person who has been convicted of a criminal offense under any provision of Title 97 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this article.
(2) Licensure by examination. (a) Upon the board being satisfied that an applicant for a license as a practical nurse has met the qualifications set forth in subsection (1) of this section, the board shall proceed to examine such applicant in such subjects as the board shall, in its discretion, determine. The subjects in which applicants shall be examined shall be in conformity with curricula in schools of practical nursing approved by the State Department of Education.
(b) The applicant shall be required to pass the written examination selected by the board.
(c) Upon successful completion of such examination, the board shall issue to the applicant a license to practice as a licensed practical nurse.
(d) The board may use any part or all of the state board test pool examination for practical nurse licensure, its successor examination, or any other nationally standardized examination identified by the board in its rules. The passing score shall be established by the board in its rules.
(3) Licensure by endorsement. The board may issue a license to practice practical nursing as a licensed practical nurse without examination to an applicant who has been duly licensed as a licensed practical nurse under the laws of another state, territory or possession of the United States, the District of Columbia, or a foreign country if, in the opinion of the board, the applicant meets the qualifications required of licensed practical nurses in this state and has previously achieved the passing score or scores on the licensing examination required by this state at the time of his or her graduation. The issuance of a license by endorsement to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
(4) Licensure by equivalent amount of theory and clinical experience. In the discretion of the board, former students of a state-accredited school preparing students to become registered nurses may be granted permission to take the examination for licensure to practice as a licensed practical nurse, provided the applicant's record or transcript indicates the former student completed an equivalent amount of theory and clinical experiences as required of a graduate of a practical nursing program, and provided the school attended was, at the time of the student's attendance, an accredited school of nursing.
(5) Requirements for rewriting the examination. The board shall establish in its rules the requirements for rewriting the examination for those persons failing the examination on the first writing or subsequent writing.
(6) Fee. The applicant applying for a license by examination or by endorsement to practice as a licensed practical nurse shall pay a fee not to exceed Sixty Dollars ($60.00) to the board.
(7) Temporary permit. (a) The board may issue a temporary permit to practice practical nursing to a graduate of an approved school of practical nursing pending the results of the examination in Mississippi, and to a qualified applicant from another state, territory or possession of the United States, or the District of Columbia, pending licensing procedures as provided for elsewhere in this article. The fee shall not exceed Twenty-five Dollars ($25.00).
(b) The board may issue a temporary permit for a period of ninety (90) days to a licensed practical nurse who is currently licensed in another state, territory or possession of the United States or the District of Columbia and who is an applicant for licensure by endorsement. Such permit is not renewable except by board action. The issuance of a temporary permit to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
(c) The board may issue a temporary permit to a graduate of an approved practical nursing education program or an equivalent program satisfactory to the board pending the results of the first licensing examination scheduled after application. Such permit is not renewable except by board action.
(d) The board may issue a temporary permit for a period of thirty (30) days to any licensed practical nurse during the time enrolled in a nursing reorientation program. This time period may be extended by board action. The fee shall not exceed Twenty-five Dollars ($25.00).
(e) The board may adopt such regulations as are necessary to limit the practice of persons to whom temporary permits are issued.
(8) Title and abbreviation. Any person who holds a license or holds the privilege to practice as a licensed practical nurse in this state shall have the right to use the title "licensed practical nurse" and the abbreviation "L.P.N." No other person shall assume such title or use such abbreviation, or any words, letters, signs or devices to indicate that a person using the same is a licensed practical nurse.
(9) Licensed practical nurses licensed under a previous law. Any person holding a license to practice nursing as a practical nurse issued by this board which is valid on July 1, 1981, shall thereafter be deemed to be licensed as a practical nurse under the provisions of this article upon payment of the fee prescribed in Section 73-15-27.
(10) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 46. Section 73-15-33, Mississippi Code of 1972, is amended as follows:
73-15-33. It is unlawful for any person, including a corporation or association, to:
(a) Sell, fraudulently obtain or furnish any nursing diploma, license, renewal of license, or record, or to aid or abet therein;
(b) Practice nursing as defined by this article under cover of any diploma, license, renewal of license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(c) Practice or offer to practice nursing as defined by this article unless duly licensed or privileged to practice under the provisions of this article;
(d) Use any title, designation or abbreviation by which a person presents to the public that he or she is a registered nurse, a licensed practical nurse or any other type of nurse, unless the person is duly licensed or privileged to practice under the provisions of this article; however, this paragraph does not prohibit a certified nurse assistant or certified nursing assistant from using the word "nurse" or "nursing" as part of his or her job title;
(e) Practice as a registered nurse or a licensed practical nurse during the time his or her license or privilege to practice issued under the provisions of this article is under suspension or revocation;
(f) Conduct a nursing
education program for the preparation of registered nurses, unless the program
has been accredited by the Board of Trustees of State Institutions of Higher
Learning, or conduct a nursing education program for the preparation of
licensed practical nurses unless the program has been accredited by the
Department of Education through the Division of * * * Career and Technical
Education;
(g) Willfully employ unlicensed persons or persons not holding the privilege to practice, to practice as registered nurses or licensed practical nurses; or
(h) Willfully aid or abet any person who violates any provisions of this article.
Any person, firm or corporation who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not less than twelve (12) months, or by both such fine and imprisonment. It shall be necessary to prove, in any prosecution under this article, only a single act prohibited by law, or a single holding out or an attempt without proving a general course of conduct in order to constitute a violation. Each violation may constitute a separate offense. Except as otherwise authorized in Section 7-5-39, it shall be the duty of the Attorney General to advise with the board in preparing charges, to assist in conducting board disciplinary hearings, to provide assistance with appropriate affidavits and other charges for filing in the appropriate court, and to assist the county or district attorney in prosecution, if any.
SECTION 47. This act shall take effect and be in force from and after its passage.
