Bill Text: MS SB2042 | 2018 | Regular Session | Introduced
Bill Title: State Board of Education; transfer powers and responsibilities to the Governor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [SB2042 Detail]
Download: Mississippi-2018-SB2042-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education; Appropriations
By: Senator(s) Watson
Senate Bill 2042
AN ACT TO AMEND SECTIONS 37-1-1 THROUGH 37-1-13 AND 37-3-1, MISSISSIPPI CODE OF 1972, TO TRANSFER THE POWER AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION TO THE OFFICE OF THE GOVERNOR EFFECTIVE JANUARY 1, 2019; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Effective January 1, 2019, the powers and responsibilities of the State Board of Education shall be transferred to the Office of the Governor. Wherever the phrase "State Board of Education" appears in the statutes or regulations of the State of Mississippi it shall mean and be construed as the "Office of the Governor." The Governor may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the State Board of Education.
SECTION 2. Section 37-1-1, Mississippi Code of 1972, is amended as follows:
37-1-1. * * * Effective January
1, 2019, the powers and responsibilities of the State Board of Education shall
be transferred to the Office of the Governor. Any regulation, action,
contract, expenditure or employment action taken or entered into by the State
Board of Education prior to January 1, 2019, shall be retroactively ratified,
confirmed and validated unless repealed or rescinded by the Governor. All real
and personal property titled to the State Board of Education shall be
transferred to the Office of the Governor for appropriate use relating to the
management of the schools.
* * *
SECTION 3. Section 37-1-2, Mississippi Code of 1972, is amended as follows:
37-1-2. The Legislature finds and determines that the quality of public education and its effect upon the social, cultural and economic enhancement of the people of Mississippi is a matter of public policy, the object of which is the education and performance of its children and youth. The Legislature hereby declares the following to be the policy of the State of Mississippi:
(a) That the students, parents, general citizenry, local schoolteachers and administrators, local governments, local school boards, and state government have a joint and shared responsibility for the quality of education delivered through the public education system in the State of Mississippi;
(b) To produce a functionally literate school population;
(c) To ensure that all students master the most essential parts of a basic education;
(d) To establish, raise and maintain educational standards;
(e) To improve the quality of education by strengthening it and elevating its goals;
(f) To provide quality education for all school-age children in the state;
(g) That excellence and high achievement of all students should be the ultimate goal;
(h) To encourage the common efforts of students, parents, teachers, administrators and business and professional leaders for the establishment of specific goals for performance;
(i) To improve instructional and administrative quality, to relate the education community to other policymakers, to achieve increased competency among students, teachers and administrators, to provide for continuing professional development for teachers, counselors and administrators, to assure that the budget process, the planning function and the allocation of personnel of the State Department of Education are commensurate with its educational goals;
(j) That the return on public education which is the single largest investment for the state be the effectiveness of the delivery system and the product it is designed to produce;
(k) That the investment in public education can be justified on the basis of the economic benefits that will accrue both to the individual and to society, recognizing that the return on such investment is long term and dramatic progress is not immediate;
(l) That emphasis must
be placed upon early mastery of the skills necessary to * * * be successful in school and that
quality, performance-based early childhood education programs are an essential
element of a comprehensive education system;
(m) That local school districts and their public schools be required to account for the product of their efforts;
(n) That the children of this state receive a period of instruction sufficient to train each in the basic educational skills adequate for the student to take his or her place in society and make a contribution as a citizen of this state, and that all children be encouraged to continue their education until they have completed high school;
(o) To establish an accreditation system based upon measurable elements in school known to be related to instructional effectiveness, to establish a credible process for measuring and rating schools, to establish a method for monitoring continued performance, and to provide for a state response when performance is inadequate;
(p) That the teachers
of this state, to the extent possible, receive salaries that are at least equal
to the average of the salaries received by teachers in the southeastern United
States * * *;
(q) That the management of the public schools shall be under the centralized and efficient supervision of the Office of the Governor.
SECTION 4. Section 37-1-3, Mississippi Code of 1972, is amended as follows:
37-1-3. (1) The * * * Office of the
Governor shall adopt rules and regulations and set standards and policies
for the organization, operation, management, planning, budgeting and programs
of the State Department of Education.
(a) The * * * Office of the Governor is
directed to identify all functions of the department that contribute to or
comprise a part of the state system of educational accountability and to
establish and maintain within the department the necessary organizational
structure, policies and procedures for effectively coordinating such
functions. Such policies and procedures shall clearly fix and delineate
responsibilities for various aspects of the system and for overall coordination
of the total system and its effective management.
(b) The * * * Office of the Governor shall
establish and maintain a system-wide plan of performance, policy and directions
of public education not otherwise provided for.
(c) The * * * Office of the Governor shall
effectively use the personnel and resources of the department to enhance
technical assistance to school districts in instruction and management therein.
(d) The * * * Office of the Governor shall
establish and maintain a central budget policy.
(e) The * * * Office of the Governor shall
establish and maintain within the State Department of Education a central
management capacity under the direction of the State Superintendent of Public
Education.
(f) The * * * Office of the Governor, with
recommendations from the superintendent, shall design and maintain a five-year
plan and program for educational improvement that shall set forth objectives
for system performance and development and be the basis for budget requests and
legislative initiatives.
(2) (a) The * * * Office of the
Governor shall adopt and maintain a curriculum and a course of study to be
used in the public school districts that is designed to prepare the state's
children and youth to be productive, informed, creative citizens, workers and
leaders, and it shall regulate all matters arising in the practical
administration of the school system not otherwise provided for.
(b) Before the 1999-2000
school year, the * * * Office of the Governor shall develop
personal living and finances objectives that focus on money management skills
for individuals and families for appropriate, existing courses at the secondary
level. The objectives must require the teaching of those skills necessary to
handle personal business and finances and must include instruction in the
following:
(i) Opening a bank account and assessing the quality of a bank's services;
(ii) Balancing a checkbook;
(iii) Managing debt, including retail and credit card debt;
(iv) Completing a loan application;
(v) The implications of an inheritance;
(vi) The basics of personal insurance policies;
(vii) Consumer rights and responsibilities;
(viii) Dealing with salesmen and merchants;
(ix) Computing state and federal income taxes;
(x) Local tax assessments;
(xi) Computing interest rates by various mechanisms;
(xii) Understanding simple contracts; and
(xiii) Contesting an incorrect billing statement.
(3) The * * * Office of the
Governor shall have authority to expend any available federal funds, or any
other funds expressly designated, to pay training, educational expenses, salary
incentives and salary supplements to licensed teachers employed in local school
districts or schools administered by the State Board of Education. Such
incentive payments shall not be considered part of a school district's local
supplement as defined in Section 37-151-5(o), nor shall the incentives be
considered part of the local supplement paid to an individual teacher for the
purposes of Section 37-19-7(1). MAEP funds or any other state funds shall not
be used to provide such incentives unless specifically authorized by law.
(4) The * * * Office of the
Governor shall through its actions seek to implement the policies set forth
in Section 37-1-2.
SECTION 5. Section 37-1-4, Mississippi Code of 1972, is amended as follows:
37-1-4. In order to provide
for an orderly transition following its appointment, the * * * Office of the Governor shall meet with and
receive the cooperation of the state superintendent of public education and the
state department of education on any matters relating to the public school
education system in the state until assuming its duties and authority on * * * January 1, 2019. During
this transition period, said * * * Office of the
Governor shall formulate and adopt rules and regulations in accordance with
Sections 25-43-1 et seq., and formulate standards and priorities necessary for
the orderly administration of the public education system of the state. Such
rules, regulations, standards and priorities shall become effective on * * * January 1, 2019. The * * * Governor shall also require data
and information on program performance from any source relating to the public
school system. The state department of education shall assist the * * * Office of the Governor in
assuming its duties and shall provide any technical assistance as may be
required. The state department of education, from any funds appropriated thereto,
shall, upon the request of the * * * Office of the Governor, timely
pay, with the approval of the commission of budget and accounting, all sums
reasonably required for the operation of the board, including per diem and
actual expenses of the board, and the implementation of this act, through * * * December 31, 2018.
SECTION 6. Section 37-1-5, Mississippi Code of 1972, is amended as follows:
37-1-5. (1) The * * * Office of the
Governor shall decide all appeals from the decisions of the county
superintendents or from the decisions of the state superintendent, as
authorized by statute. All matters relating to appeals shall be presented in
writing, and the decision of the board shall be final.
(2) The * * * Office of the
Governor shall adopt procedures for conducting any such appeals as are
authorized by statute. Such procedures shall include notification of the time
and place of any hearing requested by the appealing party. Any such hearing
shall be conducted by a hearing officer designated by the * * * Office of the
Governor. At such hearing, the hearing officer and any person affected by
the appeal may conduct reasonable questioning of persons who make relevant
factual allegations concerning the appeal. The hearing officer shall require
that all persons be sworn before they may offer any testimony at the hearing,
and the hearing officer is authorized to administer oaths. Any person so
choosing may be represented by counsel at the hearing. A record of the hearing
shall be made, which shall consist of a transcript of all testimony received,
all documents and other material introduced by any interested person, and such
other material as the hearing officer considers relevant, including his own
recommendation, which he shall make within a reasonable period of time after
the hearing is closed and after he has had an opportunity to review, study and
analyze the evidence presented during the hearing. The completed record shall
be certified to the * * * Office of the Governor, which shall
consider only the record in making its decision, and shall not consider any
evidence or material which is not included therein. The * * * Office of the
Governor shall make its written findings and issue its order after
reviewing said record.
SECTION 7. Section 37-1-7, Mississippi Code of 1972, is amended as follows:
37-1-7. For continued
neglect of duty, drunkenness, incompetency or official misconduct, the * * * Governor may
remove a county superintendent. However, before the removal, the officer shall
have ten (10) days' notice of the charge, and shall be allowed opportunity to
make defense.
SECTION 8. Section 37-1-9, Mississippi Code of 1972, is amended as follows:
37-1-9. (1) (a) The * * * Governor,
acting by and through its * * * chairman or executive secretary hearing officer, is
authorized to administer oaths, to take or cause depositions to be taken, to
subpoena persons and to issue a subpoena to compel production of books, papers,
records and other documents. The * * * Office of the Governor shall have
the powers of a court to compel witnesses to attend and testify in all matters
of investigation by the * * * board Office of the Governor relating to the management of
schools.
(b) For noncompliance
with a subpoena, the * * * Governor may apply to the circuit court for an order
requiring the person subpoenaed to appear before the board and to testify and
produce books, papers, records and documents if so ordered. Failure to obey
the order of the court may be punished as contempt.
(2) (a) In addition to the
exemptions from public access provided in Section 37-11-51, investigative
reports shall be exempt from the provisions of the Mississippi Public Records
Act of 1983, but the * * * Office of the Governor may choose to make public all or
any part of an investigative report.
(b) For the purposes
of this subsection (2), "investigative report" includes documentation
on which it is based and means records that are compiled by the * * * Office of the Governor, the
Department of Education, the Commission on Teacher and Administrator Education,
Certification and Licensure and Development, or the Accreditation Commission in
the process of investigating alleged misconduct that could result in
disciplinary action, the disclosure of which would impede, harm or jeopardize
the investigation, or that would: (i) reveal the identity of informants or
witnesses; (ii) deprive a person of a right to a fair trial or an impartial
adjudication; or (iii) endanger the life or safety of a public official or
employee or confidential informants or witnesses.
SECTION 9. Section 37-1-11, Mississippi Code of 1972, is amended as follows:
37-1-11. (1) The school day shall be preserved for the purpose of teaching. It is the intent of the Legislature that every effort be made by the State Department of Education and the local school boards to protect the instructional time in the classroom and to reduce the amount of paperwork which must be completed by teachers.
(2) The * * * Office of the
Governor shall adopt rules that provide for simplifying and reducing the
number and length of written reports and other written documents that the State
Department of Education requires from school districts and school district
employees. The * * *
Office of the Governor shall conduct a comprehensive review of its rules
to simplify and to reduce the number and length of reports required from school
districts and school district employees. The State Department of Education
shall provide nonmandatory models to school districts of lesson plans,
curriculum guides and other required reports that comply with department
reporting requirements.
(3) The * * * Office of the
Governor and the school board of each school district shall adopt policies
to limit and reduce the number and length of written reports that classroom
teachers are required to prepare.
SECTION 10. Section 37-1-12, Mississippi Code of 1972, is amended as follows:
37-1-12. The * * * Office of the
Governor shall develop and promulgate regulations for annual reports from
school districts and from the State Department of Education to the
Legislature. Such regulations shall eliminate duplication, make effective use
of technology and enable the Legislature to monitor education in Mississippi.
These regulations may include methods to reduce redundant reporting
requirements and eliminate inadequate performance measures, and the * * * Office of the
Governor may include any proposed legislative amendments to state law
necessary to improve statewide reporting mandates.
SECTION 11. Section 37-1-13, Mississippi Code of 1972, is amended as follows:
37-1-13. (1) The * * * Office of the
Governor shall issue regulations:
(a) Setting minimum specifications for relocatable classrooms for the public school districts;
(b) Approving or disapproving plans for relocatable classrooms for public school districts;
(c) Providing a system of requiring local school districts to receive State Department of Education approval before purchase of such relocatable classrooms.
(2) The State Department of Education may, in its discretion, inspect the facilities of any manufacturer of relocatable classrooms for the purpose of determining if State Department of Education minimum specifications are being met.
(3) The State Department of Education shall insure that local school districts advertise for and receive bids as required by state law for purchase of relocatable classrooms. The State Department of Education shall approve plans for relocatable classrooms by persons, firms, corporations or associations permitted to submit bids for consideration, before such bids are submitted to local school districts. The State Department of Education shall have the right to reject any and all relocatable classroom plans submitted. Bids may not be submitted to local school districts, unless persons, firms, corporations or associations have State Department of Education approval.
SECTION 12. 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 vocational 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 vocational 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 * * * January 1, 2019, 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 * * * Office of the Governor, including
any divisions established by law and prescribing the duties of the directors of
such divisions.
SECTION 13. Section 37-3-9, Mississippi Code of 1972, is amended as follows:
37-3-9. (1) There
shall be a State Superintendent of Public Education who shall be appointed by
the * * * Governor, with the advice and consent of the
Senate, and serve at the * * * board Governor's will and pleasure. He shall be the
Chief Administrative Officer for the State Department of Education and shall
administer the department in accordance with the policies established by the * * * Office of the
Governor. The State Superintendent of Education, serving on July 1, 2011,
shall continue to receive the salary that he was receiving on January 1, 2011.
From and after the completion of the term of the said superintendent serving on
July 1, 2011, the salary of the State Superintendent of Education shall be
established by the * * * Governor. The State Superintendent
of Public Education shall have at least a master's degree in any field and a
minimum of five (5) years' experience in administration in the educational
field.
(2) The State Superintendent shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law. The bond, when approved, shall be filed and recorded in the Office of the Secretary of State.
SECTION 14. This act shall take effect and be in force from and after the date the amendment to Section 203 of the Mississippi Constitution of 1890 proposed by Senate Concurrent Resolution No. ____, 2018 Regular Session, is ratified by the electorate as certified by the Secretary of State.
