Bill Text: MS SB2611 | 2010 | Regular Session | Introduced
Bill Title: State Board for Community and Junior Colleges; transfer duties to Board of Trustees of State Institutions of Higher Learning.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB2611 Detail]
Download: Mississippi-2010-SB2611-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Universities and Colleges
By: Senator(s) Davis
Senate Bill 2611
AN ACT TO TRANSFER THE AUTHORITY AND RESPONSIBILITIES OF THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING; TO AUTHORIZE AND DIRECT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO PROMULGATE RULES AND REGULATIONS FOR THE ORDERLY MERGER OF THE RESPONSIBILITIES OF THE STATE BOARD FOR COMMUNITY COLLEGES; TO AUTHORIZE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO ESTABLISH AN ADMINISTRATION DIVISION FOR THE COMMUNITY AND JUNIOR COLLEGE SYSTEM IN MISSISSIPPI AND TO APPOINT AN EXECUTIVE DIRECTOR THEREFOR; TO AMEND SECTIONS 37-4-3, 37-4-5, 37-4-7, 37-4-9, 37-4-11, 37-4-13, 37-4-15, 37-29-1, 37-29-67, 37-29-69, 37-101-3, 37-101-15, 37-101-28, 37-15-38, 37-63-3, 37-151-17 AND 37-151-75, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 37-4-4, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE COMMISSIONER OF HIGHER EDUCATION TO ATTEND MEETINGS OF THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Effective July 1, 2011, the powers, duties, responsibilities and administrative offices of the State Board for Community and Junior Colleges shall be transferred to the Board of Trustees of State Institutions of Higher Learning according to the provisions of this act. All records, personnel, property and unexpended balances of appropriations, allocations or other funds for the administration of the State Board for Community and Junior Colleges shall be transferred to the Board of Trustees of State Institutions of Higher Learning according to the provisions of this act. The Board of Trustees of State Institutions of Higher Learning shall promulgate rules and regulations for the progressive and orderly transfer of administrative functions and the disposition of staff, property and equipment according to the transfer of these functions under this act. All personnel actions initiated as a result of this transfer shall be subject to personnel procedures of the Board of Trustees of State Institutions of Higher Learning.
SECTION 2. Section 37-4-3, Mississippi Code of 1972, is amended as follows:
37-4-3. (1) From and after July 1, 2011, the Board of Trustees of State Institutions of Higher Learning 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 of Trustees of State Institutions of Higher Learning shall establish a division for the administration of and 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 * * * 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 board. The Board of Trustees of State Institutions of Higher Learning shall set the salary of the Director of the State System of Community and Junior Colleges. * * *
(3) The powers and duties of the Board of Trustees of State Institutions of Higher Learning relative to the community and junior college system 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 vocational 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 vocational-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 Vocational 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 3. Section 37-4-5, Mississippi Code of 1972, is amended as follows:
37-4-5. The term "State Board for Community and Junior Colleges" or "Junior College Commission" whenever it shall appear in the laws of the State of Mississippi shall mean and be construed to mean the "Board of Trustees of State Institutions of Higher Learning."
SECTION 4. Section 37-4-7, Mississippi Code of 1972, is amended as follows:
37-4-7. The Board of Trustees of State Institutions of Higher Learning shall study the feasibility of developing and implementing a state adopted uniform contract within each community and junior college district. Such study shall include, but not be limited to, the following areas for consideration:
(a) Terms of employment;
(b) Salary schedules;
(c) Leave provisions;
(d) Health insurance benefits;
(e) Tenure;
(f) Retirement benefits.
SECTION 5. Section 37-4-9, Mississippi Code of 1972, is amended as follows:
37-4-9. The Board of Trustees of State Institutions of Higher Learning is authorized to receive income from voluntary fees, contributions, donations, other forms of financial assistance, materials or manpower from persons, corporations, organizations and other sources, private or public, to be utilized and expended by the board in carrying out the incentive certification program mandated by the Work Force and Education Act of 1994 in Sections 37-151-63 through 37-151-75 and 37-153-1 through 37-153-13. Additionally, awards or scholarships to industry or to students or both are authorized.
SECTION 6. Section 37-4-11, Mississippi Code of 1972, is amended as follows:
37-4-11. (1) The purpose of this section is to insure the uniform management, oversight and accountability of the state-funded Industrial Training Programs, and postsecondary Adult Short-Term Training Programs and Workforce Education Programs administered by the Board of Trustees of State Institutions of Higher Learning for adults provided to the citizens of Mississippi.
(2) Effective July 1, 1999, all state-funded Industrial Training Programs and postsecondary Adult Short-term Training Programs administered by and through the State Department of Education on June 30, 1999, shall be transferred to the Workforce Education Program of the Board of Trustees of State Institutions of Higher Learning. The Legislature shall appropriate annually to the Board of Trustees of State Institutions of Higher Learning funds necessary to administer these programs.
(3) Effective July 1, 1999, all funds, unexpended balances, assets, liabilities and property of the State Department of Education which are used in the delivery of postsecondary Adult Short-term Training Programs and Industrial Training Programs, excluding funds, unexpended balances, assets, liabilities and property associated with the Research and Curriculum Unit at Mississippi State University, shall be transferred to the Workforce Education Program funds of the Board of Trustees of State Institutions of Higher Learning. The State Department of Education also shall transfer to the Board of Trustees of State Institutions of Higher Learning all positions and funds employed by the State Department of Education and community colleges which render industrial training, postsecondary adult short-term training or workforce education services, including the seven (7) administrative and support positions providing support to these programs. Sufficient staff positions shall be transferred from the State Department of Education, which will have a reduction in training and educational responsibilities by virtue of this act, to the Board of Trustees of State Institutions of Higher Learning to assure that the transferred responsibilities will be properly managed and administered. Any funds available to the State Department of Education for Industrial Training Programs and state-funded postsecondary Adult Short-term Training Programs which are subject to carryover shall be transferred to the Work Force Carryover Fund established by Chapter 498, Laws of 1995, for use by the Board of Trustees of State Institutions of Higher Learning, on or before August 15, 1999.
(4) The Board of Trustees of State Institutions of Higher Learning shall develop an accountability system that shall report and describe all classes taught in the area of workforce education, the number of persons taught in these classes, and the location and cost of each class taught. To assess the impact of these programs, the Board of Trustees of State Institutions of Higher Learning also shall report:
(a) Whether the needs of industry have been met through training program offerings;
(b) Any changes in the income of trainees between the completion of training and the date of the report;
(c) The number of jobs created and the number of jobs retained through the programs; and
(d) Trainee success in passing proficiency tests, where applicable.
This information shall be reported on a fiscal year basis and shall be provided to the House and Senate Education Committees before December 15 of each year.
SECTION 7. Section 37-4-13, Mississippi Code of 1972, is amended as follows:
37-4-13. (1) In negotiating commitments under the Industrial Training Programs with industries seeking to locate or expand in Mississippi, the Board of Trustees of State Institutions of Higher Learning may enter into multiyear agreements for such training programs subject to the availability of funds appropriated therefor.
(2) The Board of Trustees of State Institutions of Higher Learning shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives listing the commitments that are made pursuant to subsection (1) of this section.
SECTION 8. Section 37-4-15, Mississippi Code of 1972, is amended as follows:
37-4-15. (1) On or after July 1, 2002, the Board of Trustees of State Institutions of Higher Learning shall contract with a competent management consulting or accounting firm to study the state funding formula for community and junior colleges. The study shall accomplish the following specific outcomes:
(a) Evaluate the validity of the current student classifications used in the funding formula and make recommendations for change in the classification system if advisable;
(b) Evaluate the weights assigned to each student classification and make recommendations for change in the current weights if advisable;
(c) Identify the best management practices associated with the production of graduates in each of the student classifications and use such information as a basis for validating any changes in weights referred to in paragraph (b) of this subsection. The study of best practices shall also identify the amount of state funding that is used in program areas at schools exhibiting the best management practices.
(2) The report also shall recommend to the Board of Trustees of State Institutions of Higher Learning all reporting requirements and systems needed to collect information necessary to maintain a valid system of weights, student classification and the best practices associated with producing graduates most efficiently. All community and junior colleges shall cooperate with the Board of Trustees of State Institutions of Higher Learning in conducting this study and in providing all further information on an annual basis necessary to update the weights for programs established as a result of this study, the best management practices and the student classifications established as a result of this study.
(3) The Board of Trustees of State Institutions of Higher Learning shall report its findings to the Chairs of the House and Senate Education Committees and the House and Senate Appropriations Committees no later than December 15, 2002.
SECTION 9. Section 37-29-1, Mississippi Code of 1972, is amended as follows:
37-29-1. (1) The creation, establishment, maintenance and operation of community and junior colleges is authorized under the coordination of the Board of Trustees of State Institutions of Higher Learning as provided in this act. Community and junior colleges may admit students if they have earned one (1) unit less than the number of units required for high school graduation established by State Board of Education policy or have earned a General Education Diploma (GED) in courses correlated to those of senior colleges or professional schools. They shall offer education and training preparatory for occupations such as agriculture, industry, business, homemaking and for other occupations on the semiprofessional and vocational-technical level. They may offer courses and services to students regardless of their previous educational attainment or further academic plans.
(2) The boards of trustees of the community and junior college districts are authorized to establish a dual enrollment program under which high school students meeting the requirements prescribed in this section may enroll at a community or junior college while they are still attending high school and enrolled in high school courses. Students may be admitted to enroll in community or junior college courses under the dual enrollment program if they meet the following recommended admission requirements:
(a) Students must have completed a minimum of fourteen (14) core high school units;
(b) Students must have a 3.0 grade point average on a 4.0 scale, or better, on all high school courses, as documented by an official high school transcript; a home-schooled student must submit a transcript prepared by a parent, guardian or custodian with a signed, sworn affidavit to meet the requirement of this paragraph; and
(c) Students must have an unconditional written recommendation from their high school principal and/or guidance counselor. A home-schooled student must submit a parent, legal guardian or custodian's written recommendation to meet the requirement of this paragraph.
Students may be considered for the dual enrollment program who have not completed the minimum of fourteen (14) core high school units if they have a minimum ACT composite score of thirty (30) or the equivalent SAT score, and have the required grade point average and recommendations prescribed above.
Students admitted in the dual enrollment program shall be counted for adequate education program funding purposes in the average daily attendance of the public school district in which they attend high school. Any additional transportation required by a student to participate in the dual enrollment program shall be the responsibility of the parents or legal guardians of the student. Grades and college credits earned by students admitted to the dual enrollment program shall be recorded on the college transcript at the community or junior college where the student attends classes. The transcript of such college course work may be released to another institution or used for college graduation requirements only after the student has received his high school diploma.
(3) The boards of trustees of the community and junior college districts are authorized to establish an early admission program under which applicants meeting all requirements prescribed in subsection (2)(a) through (c) and having a minimum ACT composite score of twenty-six (26) or the equivalent SAT score may be admitted as full-time college students if the principal or guidance counselor of the student recommends in writing that it is in the best educational interest of the student. Such recommendation shall also state that the student's age will not keep him from being a successful full-time college student. Students admitted in the early admission program shall not be counted for adequate education program funding purposes in the average daily attendance of the school district in which they reside, and transportation required by a student to participate in the early admission program shall be the responsibility of the parents or legal guardians of the student. Grades and college credits earned by students admitted to the early admission program shall be recorded on the college transcript at the community or junior college where the student attends classes, and may be released to another institution or used for college graduation requirements only after the student has successfully completed one (1) full semester of course work.
(4) The community and junior colleges shall provide, through courses or other acceptable educational measures, the general education necessary to individuals and groups which will tend to make them capable of living satisfactory lives consistent with the ideals of a democratic society.
SECTION 10. Section 37-29-67, Mississippi Code of 1972, is amended as follows:
37-29-67. (1) The duties of the board of trustees shall be the general government of the community/junior college and directive of the administration thereof. Subject to the provisions of Sections 37-29-1 through 37-29-273, the board shall have full power to do all things necessary to the successful operation of the district and the college or colleges or attendance centers located therein to insure educational advantages and opportunities to all the enrollees within the district.
(2) The board of trustees shall be authorized to designate a personnel supervisor or other person employed by the district to recommend teachers and to transmit such recommendations to the board of trustees; however, this authorization shall be restricted to no more than two (2) positions for each employment period in the district.
(3) The delineation and enumeration of the powers and purposes set out in Sections 37-29-1 through 37-29-273 shall be deemed to be supplemental and additional, and shall not be construed to restrict the powers of the board of trustees of the district or of any college located therein so as to deny to the said district and the college or colleges therein the rights, privileges and powers previously authorized by statute.
(4) The board of trustees shall have the power to contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14, not to exceed fifteen (15) years.
(5) The board of trustees shall be authorized, with the approval of the Board of Trustees of State Institutions of Higher Learning, to change the name of the junior college to community college. The Board of Trustees of State Institutions of Higher Learning shall establish guidelines for the implementation of any junior college name change. Any reference to junior college district in this chapter shall hereinafter refer to the junior college district or its successor in name as changed by the board of trustees.
(6) The boards of trustees shall purchase and maintain business property insurance and business personal property insurance on all college-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to such buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The boards of trustees are authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The boards of trustees are authorized to enter into agreements with the Department of Finance and Administration, local school districts, other community/junior college districts, state institutions of higher learning, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
SECTION 11. Section 37-29-69, Mississippi Code of 1972, is amended as follows:
37-29-69. Any junior college district is hereby authorized and empowered to operate junior college attendance centers at existing sites of junior college plants and facilities and at such other places within the district, subject to the approval of the Board of Trustees of State Institutions of Higher Learning, as the board of trustees shall determine to be in the best interest of the district.
Two (2) or more boards of trustees may cooperate in establishing, operating and maintaining attendance centers.
SECTION 12. Section 37-101-3, Mississippi Code of 1972, is amended as follows:
37-101-3. (1) The Governor, by and with the advice and consent of the Senate, shall appoint the members of the Board of Trustees of State Institutions of Higher Learning, one (1) member from each congressional district of the state as existing as of March 31, 1944, one (1) member from each Supreme Court district and two (2) members from the state at large, with the terms of each to begin on May 8, 1944. One-third (1/3) of the membership of said board so appointed shall be appointed for a period of four (4) years, one-third (1/3) for a period of eight (8) years and one-third (1/3) for a period of twelve (12) years. On the expiration of any of said terms of Office the Governor shall appoint successors, by and with the advice and consent of the Senate, for terms of twelve (12) years in each case.
The current president, or his/her designee, of the Student Body President's Council of Mississippi (SBPCM) shall have a reserved seat at each meeting of the Board of Trustees of State Institutions of Higher Learning. No less than once a year, the board shall seek the advise and counsel of the student body president's organization.
(2) In case of a vacancy on said board by death or resignation of a member or from any other cause than the expiration of such member's term of office, the board shall elect his successor who shall hold office until the end of the next session of the Legislature. During such term of the session of the Legislature the Governor shall appoint the successor member of the board from the district from which his predecessor was appointed to hold office until the end of the period or term for which said original trustee was appointed, to the end that one-third (1/3) of such trustees' terms shall expire each four (4) years.
(3) The Executive Director of the division responsible for the supervision of the community and junior college system appointed under Section 37-4-3(2) shall attend all regular meetings of the Board of Trustees of State Institutions of Higher Learning. * * *
SECTION 13. Section 37-101-15, Mississippi Code of 1972, is amended as follows:
37-101-15. (a) The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1. The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.
(b) The board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the board may establish.
(c) The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective institutions, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.
(d) For all institutions specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the institutions named herein shall be carried on through the board of trustees. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.
(e) For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions. Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income. The board shall require a surety bond in a surety company authorized to do business in this state, of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.
(f) The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term of not exceeding four (4) years. The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides. It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.
(g) The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.
(h) The board shall have the power to contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14, not to exceed ten (10) years.
(i) The Board of Trustees of State Institutions of Higher Learning, for and on behalf of Jackson State University, is hereby authorized to convey by donation or otherwise easements across portions of certain real estate located in the City of Jackson, Hinds County, Mississippi, for right-of-way required for the Metro Parkway Project.
(j) In connection with any international contract between the board or one of the state's institutions of higher learning and any party outside of the United States, the board or institution that is the party to the international contract is hereby authorized and empowered to include in the contract a provision for the resolution by arbitration of any controversy between the parties to the contract relating to such contract or the failure or refusal to perform any part of the contract. Such provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such contract initiates litigation against the other with respect to the contract, the arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer such litigation.
(k) The Board of Trustees of State Institutions of Higher Learning ("board"), on behalf of any institution under its jurisdiction, shall purchase and maintain business property insurance and business personal property insurance on all university-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The board is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The board is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
(l) From and after July 1, 2011, the board shall succeed to the authority of the State Board for Community and Junior Colleges and 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 government for use by said colleges. The board shall establish an administrative division and appoint an Executive Director of the Public Community and Junior College System as provided in Section 37-4-3 to provide general coordination of the public community and junior colleges, assemble reports and perform other responsibilities relative to public community and junior colleges as may be prescribed by law.
SECTION 14. Section 37-101-28, Mississippi Code of 1972, is amended as follows:
37-101-28. The Board of Trustees of State Institutions of Higher Learning * * * and the State Board of Education are hereby authorized and directed to enter into a system-wide articulation agreement providing for the transfer of appropriate credits earned by qualified high school students enrolled in dual enrollment programs from the various community colleges and universities offering such credit to the appropriate home school district of the student. The Board of Trustees of State Institutions of Higher Learning * * * and the State Board of Education shall jointly develop a report on the articulation agreement required under this section, and submit this report to the Committees on Education and Universities and Colleges of each House of the Legislature, on or before December 1, 2004.
SECTION 15. Section 37-15-38, Mississippi Code of 1972, is amended as follows:
37-15-38. (1) A local school board and the Board of Trustees of State Institutions of Higher Learning * * * may establish a dual enrollment system under which students in the school district who meet the prescribed criteria of this section may be enrolled in a postsecondary institution in Mississippi while they are still in school.
(2) Student eligibility. Before credits earned by a qualified high school student from a community or junior college or state institutions of higher learning may be transferred to the student's home school district, the student must be properly enrolled in a dual enrollment program.
(3) Admission criteria for dual enrollment in community and junior college or university programs. The boards of trustees of the community and junior college districts and the Board of Trustees of State Institutions of Higher Learning may recommend admission criteria for dual enrollment programs under which high school students may enroll at a community or junior college or university while they are still attending high school and enrolled in high school courses. Students may be admitted to enroll in community or junior college courses under the dual enrollment programs if they meet that individual institution's stated admission requirements.
(4) Tuition and cost responsibility. Tuition and costs for university-level courses and community and junior college courses offered under a dual enrollment program may be paid for by the postsecondary institution, the local school district, the parents or legal guardians of the student, or by grants, foundations or other private or public sources. Payment for tuition and any other costs must be made directly to the credit-granting institution.
(5) Transportation responsibility. Any transportation required by a student to participate in the dual enrollment program is the responsibility of the parent, custodian or legal guardian of the student. However, transportation costs may be paid from any available public or private sources.
(6) School district average daily attendance credit. When dually enrolled, the student may be counted, for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school.
(7) High school student transcript transfer requirements. Grades and college credits earned by students admitted to a dual enrollment program must be recorded on the college transcript at the university or community or junior college where the student attends classes. The transcript of the university or community or junior college coursework may be released to another institution or applied toward college graduation requirements.
(8) Determining factor of prerequisites for enrollment in dual credit courses. Each university and community or junior college participating in a dual enrollment program shall determine course prerequisites for enrolling and receiving dual credit.
(9) Process for determining articulation of curriculum between high school, university, and community and junior college courses. Postsecondary curricula for eligible courses currently offered through Mississippi Curriculum Frameworks must meet the prescribed competencies requirements. Eligible courses not offered in Mississippi Curriculum Frameworks must meet the standards established at the postsecondary level. Postsecondary level developmental courses may not be considered as meeting the requirements of the dual enrollment program. Dual credit memorandum of understandings must be established between each postsecondary institution and the school district implementing a dual credit program.
(10) Ineligible courses for dual credit programs. Any course that is required for subject area testing as a requirement for graduation from a public school in Mississippi is not eligible for dual credit.
(11) Eligible courses for dual credit programs. Courses eligible for dual credit include, but are not necessarily limited to, foreign languages, advanced math courses, advanced science courses, performing arts, advanced business and technology, and career and technical courses. These courses and any additional courses considered for dual credit must receive unconditional approval from the superintendent of the local school district and the chief academic officer at the participating community or junior college or university. A university or community or junior college shall make the final decision on what courses are eligible for semester hour credits. The local school superintendent shall make the final decision on the transfer of college or university courses credited to the student's high school transcript.
(12) High school Carnegie unit equivalency. One (1) three-hour university or community or junior college course is equal to one-half (1/2) high school Carnegie unit. A full Carnegie unit may be awarded for a three-hour university or college course upon approval of the local superintendent. Partial credit agreements for postsecondary courses that are less than three (3) hours may be developed between a local school district and the participating postsecondary institution.
(13) Course alignment. Once alignment is achieved between university courses, community and junior college courses and the State Board of Education approved high school courses, the universities, community and junior colleges and high schools shall review their respective policies and assess the place of dual credit courses within the context of their traditional offerings.
(14) Maximum dual credits allowed. It is the intent of the dual enrollment program to make it possible for every student who desires to earn a semester's worth of college credit in high school to do so. A qualified dually enrolled high school student must be allowed to earn an unlimited number of college or university credits for dual credit as long as a B average is earned on the first two (2) approved dual credit courses. If a B average is not maintained after the completion of the student's first two (2) dual credit courses, the student may not continue in the dual credit program.
(15) Dual credit program allowances. A student may be granted credit delivered through the following means:
(a) Examination preparation taught at a high school by qualified teacher. A student may receive credit at the secondary level after completion of an approved course and passing the standard examination, such as an Advanced Placement or International Baccalaureate course through which a high school student is allowed CLEP credit by making a three (3) or higher on the end-of-course examination.
(b) School-based courses taught at a high school or designated postsecondary site by a qualified teacher who is an employee of the school district and approved as an instructor by the collaborating college or university.
(c) College or university-based courses taught at a college, university or high school by an instructor employed by the college or university and approved by the collaborating school district.
(d) On-line courses, including eligible courses offered by the Mississippi Virtual Public School or any postsecondary institution.
(16) Qualifications of dual credit instructors. A dual credit academic instructor must have, at a minimum, a master's degree with at least eighteen (18) graduate semester hours in the instructor's field of expertise. University and community and junior college personnel have the sole authority in the selection of dual credit instructors.
A dual credit career and technical education instructor must meet the requirements set forth by the Board of Trustees of State Institutions of Higher Learning in the qualifications manual for postsecondary career and technical personnel. University and community and junior college personnel have the sole authority in the selection of dual credit instructors.
(17) Guidance on local agreements. The Chief Academic Officer of the State Board of Trustees of State Institutions of Higher Learning * * * shall develop a template to be used by the individual community and junior colleges and institutions of higher learning for consistent implementation of the dual enrollment program throughout the State of Mississippi.
SECTION 16. Section 37-63-3, Mississippi Code of 1972, is amended as follows:
37-63-3. The Authority for Educational Television shall consist of the State Superintendent of Public Education, or his designee, and six (6) members appointed, with the advice and consent of the Senate. The Governor shall appoint four (4) members, one (1) of whom shall be actively engaged as a teacher or principal in a secondary school system in the State of Mississippi and one (1) of whom shall be actively engaged as a teacher or principal in an elementary school system in the State of Mississippi. Beginning July 1, 1994, the appointee actively engaged as a teacher or principal in a secondary school shall be appointed for an initial term of three (3) years. The member actively engaged as a teacher or principal in an elementary school shall be appointed for an initial term of four (4) years. The remaining two (2) gubernatorial appointees shall serve until July 1, 1996. Beginning July 1, 1996, the Governor shall appoint two (2) members for initial terms of three (3) and four (4) years, with the Governor specifically designating which member shall be appointed for three (3) years and which shall be appointed for four (4) years. Beginning July 1, 2011, * * * the Board of Trustees of * * * State Institutions of Higher Learning shall appoint two (2) members. After the expiration of the initial terms, all members shall serve for terms of four (4) years. An appointment to fill a vacancy among the gubernatorial appointees, other than by expiration of a term of office, shall be made by the Governor for the balance of the unexpired term.
SECTION 17. Section 37-151-17, Mississippi Code of 1972, is amended as follows:
37-151-17. (1) There is established the Council for Education Technology, which shall be an advisory group attached to the Board of the Department of Information Technology Services and the State Board of Education. The council shall develop a master plan for education technology.
(2) (a) The council shall consist of the following members who shall serve as ex officio voting members:
(i) The Director of the Management Information Services in the Department of Education;
(ii) The Director of Educational Technology in the Department of Education;
(iii) The Executive Director of the Mississippi Department of Information Technology Services;
(iv) The Executive Director of Mississippi Public Broadcasting;
(v) The Executive Director of the Mississippi Library Commission;
(vi) The Executive Director of the Public Community and Junior College System appointed by the Board of Trustees of State Institutions of Higher Learning; and
(vii) The Commissioner of Higher Education.
(b) The following eight (8) members to be appointed no later than August 1, 2004, as follows:
(i) One (1) member appointed by the State Board of Education;
(ii) Two (2) members appointed by the Governor;
(iii) One (1) member appointed by the Lieutenant Governor;
(iv) One (1) member appointed by the Speaker of the House;
(v) One (1) member of the Mississippi Educational Computing Association to be appointed by the State Superintendent of Public Education;
(vi) One (1) member appointed by the Board of Information Technology Services; and
(vii) One (1) member appointed by the Executive Director of the Mississippi Development Authority.
All appointments to the council shall be made with the advice and consent of the Senate.
All appointed members of the council shall have a demonstrated knowledge in the use, applications and specifications of education technology. A majority of the membership present at any meeting shall constitute a quorum for the official conduct of business.
(c) Members appointed to the council before August 1, 2004, shall be subject to reappointment or replacement by the appointing entity.
(3) Members shall be appointed for four-year terms and may be reappointed for one (1) additional four-year term. Members may be reimbursed for mileage and actual and necessary expenses in accordance with state law, and members who are not state officers or employees shall receive per diem as authorized in Section 25-3-69.
(4) Immediately upon receiving notice of the appointment of all members, the Executive Director of the Department of Information and Technology Services shall call an organizational meeting no later than September 15, 2004, and shall serve as chairperson of the council for the first year beginning with the date of the organizational meeting. The council shall elect from among the members any other officers it deems necessary, and define the duties of the officers. The council shall annually elect a chairperson and no member shall serve more than two (2) consecutive years as chairperson.
(5) Meetings shall be held at least four (4) times per year, or upon call of the chairperson, at a time and place designated by the chairperson. The Department of Information and Technology Services and the State Department of Education shall provide staff support for the council.
(6) The duties and responsibilities of the council shall include, but not be limited to, the following:
(a) Developing and updating annually a long-range master plan for the efficient and equitable use of technology at all levels from primary school through higher education, including vocational and adult education. The plan shall focus on the technology requirements of classroom instruction, literacy laboratories, student record management, financial and administrative management, distance learning and communications as they relate to the state's performance goals for students. The annual plan shall include specific and detailed cost projections and analysis related to its implementation. The plan shall be presented to the Mississippi Department of Information Technology Services for approval and a copy shall be provided annually to the Legislature no later than November 1, highlighting any cost projections and a detailed budget and justifications for implementation of the plan;
(b) Creating, overseeing and monitoring a well-planned and efficient statewide network of technology services designed to meet the educational and informational needs of the schools;
(c) Working with private enterprise to encourage the development of technology products specifically designed to answer Mississippi's educational needs;
(d) Encouraging an environment receptive to technological progress in education throughout the state; (e) Working with other state entities to maximize the use and benefit of the state's technology infrastructure, to avoid duplication of public and private resources and to maximize the purchasing ability of the state. When appropriate, shared resources and competitive bidding shall be used; and
(f) Ensuring collaboration of all education entities to maximize efficiency and cost savings and to enhance the utilization of education technology as a means of impacting the shortage of teachers.
All contracts, requests for proposals and bid awards shall be subject to the approval of the Mississippi Department of Information Technology Services.
SECTION 18. Section 37-151-75, Mississippi Code of 1972, is amended as follows:
37-151-75. The Board of Trustees of State Institutions of Higher Learning is designated as the primary support agency to the career centers and district councils. The state board may exercise the following powers:
(a) To provide the career centers the assistance necessary to accomplish the purposes of Sections 37-151-63 through 37-151-75;
(b) To provide the career centers consistent standards and benchmarks to guide development of the local workforce development system and to provide a means by which the outcomes of local services can be measured;
(c) To develop the staff capacity to provide, broker or contract for the provision of technical assistance to the career centers, including, but not limited to:
(i) Training local staff in methods of recruiting, assessment and career counseling;
(ii) Establishing rigorous and comprehensive local pre-employment training programs;
(iii) Developing local institutional capacity to deliver Total Quality Management training;
(iv) Developing local institutional capacity to transfer new technologists into the marketplace;
(v) Expanding the Skills Enhancement Program and improving the quality of adult literacy programs; and
(vi) Developing data for strategic planning;
(d) To collaborate with the Department of Economic and Community Development and other economic development organizations to increase the community college systems' economic development potential;
(e) To administer presented and approved certification programs by the community colleges for tax credits and partnership funding for corporate training;
(f) To create and maintain an evaluation team that examines which kinds of curricula and programs and what forms of quality control of training are most productive so that the knowledge developed at one (1) institution of education can be transferred to others;
(g) To develop internal capacity to provide services and to contract for services from universities and other providers directly to local institutions;
(h) To develop and administer an incentive certification program; and
(i) To develop and hire staff and purchase equipment necessary to accomplish the goals set forth in this section.
SECTION 19. Section 37-4-4, Mississippi Code of 1972, which provides for the Commissioner of Higher Education to attend meetings of the State Board for Community and Junior Colleges, is hereby repealed.
SECTION 20. This act shall take effect and be in force from and after July 1, 2010.
