Bill Text: MS HB948 | 2016 | Regular Session | Introduced

Mississippi House Bill 948 (Prior Session Legislation)

Introduced

Bill Title: School administrators and State Department of Education directions; limit salary increases.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-02-23 - Died In Committee [HB948 Detail]

Download: Mississippi-2016-HB948-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education

By: Representative Dixon

House Bill 948

AN ACT TO AMEND SECTION 37-9-37, MISSISSIPPI CODE OF 1972, TO LIMIT THE MAXIMUM SALARY INCREASE WHICH A SCHOOL BOARD MAY AWARD TO SCHOOL ADMINISTRATORS TO A PERCENTAGE THAT IS EQUAL TO ONE-HALF OF THE AVERAGE PERCENTAGE INCREASE AWARDED TO TEACHERS AND NONINSTRUCTIONAL STAFF; TO AMEND SECTIONS 37-3-13 AND 37-3-25, MISSISSIPPI CODE OF 1972, TO LIMIT THE MAXIMUM SALARY INCREASES WHICH MAY BE AWARDED TO DEPUTY AND ASSOCIATE SUPERINTENDENTS AND DIVISION DIRECTORS IN THE STATE DEPARTMENT OF EDUCATION TO A PERCENTAGE THAT IS EQUAL TO ONE-HALF OF THE AVERAGE PERCENTAGE INCREASE AWARDED TO TEACHERS AND NONINSTRUCTIONAL STAFF IN ALL PUBLIC SCHOOL DISTRICTS; TO AMEND SECTION 43-5-8, MISSISSIPPI CODE OF 1972, TO SIMILARLY LIMIT SALARY INCREASES WHICH MAY BE AWARDED TO SCHOOL ADMINISTRATORS AT THE MISSISSIPPI SCHOOLS FOR THE BLIND AND THE DEAF; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-9-37, Mississippi Code of 1972, is amended as follows:

37-9-37. (1) The amount of the salary to be paid any superintendent, principal or licensed employee shall be fixed by the school board, provided that the requirements of Chapter 19 of this title are met as to superintendents, principals and licensed employees paid in whole or in part from minimum education program funds. In employing such superintendents, principals and licensed employees and in fixing their salaries, the school boards shall take into consideration the character, professional training, experience, executive ability and teaching capacity of the licensed employee, superintendent or principal. It is the intent of the Legislature that whenever the salary of the school district superintendent is set by a school board, the board shall take into consideration the amount of money that the district spends per pupil, and shall attempt to insure that the administrative cost of the district and the amount of the salary of the superintendent are not excessive in comparison to the per pupil expenditure of the district.

(2) Beginning on July 1, 2016, a school board may not increase the annual salary of a school administrator by an amount that represents a percentage increase in the administrator's salary which exceeds one-half (1/2) of the average percentage increase in salary awarded to the classroom teachers and noninstructional staff, for the same period, in the school in which the administrator is employed. For the purposes of this subsection, the term "school administrator" includes a principal, assistant principal and any other licensed employee who is not a classroom teacher. The term "noninstructional staff" means all employees in a school other than licensed employees and includes, but is not necessarily limited to, assistant teachers, cafeteria workers, administrative assistants and custodians.

SECTION 2. Section 37-3-13, Mississippi Code of 1972, is amended as follows:

37-3-13. (1) The deputy superintendents, associate superintendents and directors shall be selected by and hold office subject to the will of the State Superintendent of Public Education subject to the approval of the State Board of Education. All other personnel shall be competitively appointed by the State Superintendent and shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board. The State Board of Education shall set the salary of the deputy superintendents, associate superintendents and divisional directors, and the members of the teaching staffs and employees of the Mississippi School of the Arts. The State Superintendent, subject to the approval of the State Personnel Board, shall fix the amount of compensation of all other employees of the State Department of Education. All salaries, compensation or expenses of any of the personnel of the department shall be paid upon the requisition of the State Superintendent of Public Education and warrant issued thereunder by the State Auditor out of funds appropriated by the Legislature in a lump sum upon the basis of budgetary requirements submitted by the Superintendent of Education or out of funds otherwise made available. The entire expense of administering the department shall never exceed the amount appropriated therefor, plus funds received from other sources other than state appropriations. For a violation of this provision, the superintendent shall be liable, and he and the sureties on his bond shall be required to restore any such excess.

(2) For a period of two (2) years beginning July 1, 2014, the provisions of subsection (1) regarding the personnel actions of the State Department of Education shall not be subject to the rules and regulations of the State Personnel Board for all personnel employed by the department within that period. All personnel hired within the period of exemption from the state personnel system shall be classified as nonstate service and must meet the criteria of the State Personnel Board as it presently exists for employment.

(3) Beginning on July 1, 2016, the State Board of Education may not increase the annual salary of a deputy superintendent, associate superintendent or divisional director by an amount that represents a percentage increase in the person's salary which exceeds one-half (1/2) of the average percentage increase in salary awarded to classroom teachers and noninstructional school staff, for the same period, in all public school districts. For the purposes of this subsection, the average percentage increase in salary awarded to classroom teachers and noninstructional school staff is the average of all Mississippi school districts' average percentage increase to classroom teachers and noninstructional school staff. The term "noninstructional staff" means all employees in a school other than licensed employees and includes, but is not necessarily limited to, assistant teachers, cafeteria workers, administrative assistants and custodians.

SECTION 3. Section 37-3-25, Mississippi Code of 1972, is amended as follows:

37-3-25. (1) The Director of the Division of Vocational 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 vocational 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 vocational 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 Vocational 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 Vocational and Technical Education, subject to the approval of the State Board of Education, shall have charge of and be responsible for vocational and technical education training in:

(a) Agriculture;

(b) Occupational and consumer home economics;

(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.

(3) Beginning on July 1, 2016, the State Board of Education may not increase the annual salary of the Director of the Division of Vocational and Technical Education by an amount that represents a percentage increase in the director's salary which exceeds one-half (1/2) of the average percentage increase in salary awarded to classroom teachers and noninstructional school staff, for the same period, in all public school districts. For the purposes of this subsection, the average percentage increase in salary awarded to classroom teachers and noninstructional school staff is the average of all Mississippi school districts' average percentage increase to classroom teachers and noninstructional school staff. The term "noninstructional staff" means all employees in a school other than licensed employees and includes, but is not necessarily limited to, assistant teachers, cafeteria workers, administrative assistants and custodians.

SECTION 4. Section 43-5-8, Mississippi Code of 1972, is amended as follows:

43-5-8. (1) The Superintendent of the School for the Blind and the Superintendent of the School for the Deaf and all principals and directors shall be selected by and hold office subject to the will and pleasure of the State Superintendent of Education, subject to the approval of the State Board of Education. The State Board of Education may provide housing for the two (2) superintendents so employed either on- or off-campus. Each superintendent shall at all times maintain supervision of the physical properties of the school he serves unless otherwise provided. All other personnel shall be competitively appointed by the state superintendent and shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board. The state superintendent, subject to the approval of the State Personnel Board, shall fix the amount of compensation or expenses of any of the personnel of the schools, which shall be paid upon the requisition of the state superintendent and warrant issued thereunder by the State Auditor out of the funds appropriated by the Legislature in a lump sum upon the basis of budgetary requirements submitted by the Superintendent of Education or out of funds otherwise made available. The entire expense of administering the schools shall never exceed the amount appropriated therefor, plus funds received from sources other than state appropriations. For a violation of this provision, the superintendent shall be liable, and he and the sureties on his bond shall be required to restore any excess. However, if for any reason within the two-year period beginning July 1, 2014, a new Superintendent of the School for the Blind, Superintendent of the School for the Deaf or other administrative or instructional personnel 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) Beginning on July 1, 2016, the State Superintendent of Public Education may not increase the annual salary of the school administrators at the School for the Blind and the School for the Deaf by an amount that represents a percentage increase in the respective administrator's salary which exceeds one-half (1/2) of the average percentage increase in salary awarded to the classroom teachers and noninstructional staff, for the same period, in the school in which the administrator is employed. For the purposes of this subsection, the term "school administrators" includes the Superintendent of the School for the Blind, the Superintendent of the School for the Deaf, and all principals, directors and other licensed employees who are not classroom teachers. The term "noninstructional staff" means all employees in the School for the Blind or the School for the Deaf other than licensed employees and includes, but is not necessarily limited to, assistant teachers, cafeteria workers, administrative assistants and custodians.

SECTION 5. This act shall take effect and be in force from and after July 1, 2016.