Senate Bill 2302

AN ACT TO AMEND SECTION 37-19-10, MISSISSIPPI CODE OF 1972, TO RESTRICT AWARDS GIVEN UNDER THE SCHOOL RECOGNITION PROGRAM TO TEACHERS AND CERTIFIED STAFF; TO REQUIRE THE DEPARTMENT OF EDUCATION TO ADOPT RULES FOR THE ADMINISTRATION OF THE PROGRAM WHICH SHALL INCLUDE REQUIREMENTS THAT SCHOOLS GIVE NOTICE OF THE AMOUNT OF ANY AWARDS RECEIVED AND THE REASONS THE AWARDS WERE RECEIVED; TO REQUIRE SUCH RULES BE PROVIDED TO THE CHAIRS OF THE SENATE AND HOUSE EDUCATION COMMITTEE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-19-10, Mississippi Code of 1972, is amended as follows:

37-19-10. (1) The Legislature finds that there is a need for a performance incentive program for outstanding teachers and staff in highly productive schools.

(2) Beginning with the 2016-2017 school year, the School Recognition Program is created to provide financial awards to public schools that:

(a) Sustain high performance by earning a school accountability rating of "A" which shall be funded at One Hundred Dollars ($100.00) per pupil in average daily attendance;

(b) Sustain high performance by earning a school accountability rating of "B" which shall be funded at Seventy-five Dollars ($75.00) per pupil in average daily attendance; or

(c) Demonstrate exemplary performance by improving at least one (1) letter grade, which shall be funded at One Hundred Dollars ($100.00) per pupil in average daily attendance.

(3) All public schools, including charter schools, earning the appropriate school rating are eligible to participate in the program.

(4) School recognition awards must be used for nonrecurring salary supplements to the teachers and certified staff employed in the school receiving the financial award. Any nonrecurring salary supplements paid to teachers and staff shall be prospective, shall be paid over the remainder of the year, and shall not be considered part of the local supplement. For contracted individuals, there shall be an amendment to the existing contract.

(5) School recognition awards shall not be used for administrators.

(6) The State Board of Education shall adopt and the Department of Education shall implement rules and regulations for the administration of the School Recognition Program. In addition to other necessary matters associated with the administration of the program, such rules shall include provisions requiring that each school be required to post on its own website, or the district's website, the total dollar value of awards received, and the reasons for which each school received the award funds. Such reasons may include the school's accountability rating or any other qualifying criterion that resulted in an award. For information purposes, copies of such rules shall be provided to the Chairs of the Education Committees of the Senate and the House of Representatives.

( * * *67) There is hereby created in the State Treasury, the School Recognition Program Fund which shall be used by the State Department of Education, depending on the availability of funds as appropriated, to provide financial awards to schools under this section. It shall be the duty of the State Department of Education to file with the State Treasurer and the State Fiscal Officer such data and information as may be required to enable the said State Treasurer and State Fiscal Officer to distribute the School Recognition Program Funds by electronic funds transfer to the several school districts at the time required and provided under the provisions of this section. Such data and information so filed shall show in detail the amount of funds to which each school district is entitled from the School Recognition Program Fund. Such data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the State Treasurer and the State Fiscal Officer shall distribute to the several school districts the amounts to which they are entitled from the School Recognition Program Fund as provided by this section. Such distribution shall be made by electronic funds transfer to the depositories of the several school districts designated in writing to the State Treasurer based upon the data and information supplied by the State Department of Education for such distribution. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Officer, which shall set forth the purpose, amount and payees, and shall be in such form as may be approved by the State Fiscal Officer so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of said electronic funds transfers shall be transmitted by the school district depositories to the Treasurer, who shall file duplicates with the State Fiscal Officer. The Treasurer and State Fiscal Officer shall jointly promulgate regulations for the utilization of electronic funds transfers to school districts from the School Recognition Program Fund.

( * * *78) It is the intent of the Legislature to develop a plan to reward high-performing teachers in schools with an accountability rating of "C," "D" and "F" by July 1, 2016.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.