Mississippi House Insurance Law

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					   2010 LEGISLATIVE UPDATE
MISSISSIPPI DEPARTMENT OF EDUCATION
OFFICE OF SCHOOL FINANCIAL SERVICES
                          House Bill 1170
                                 Furlough Bill
                          04/07 Approved by Governor


•   AN ACT TO REQUIRE THE SCHOOL BOARD OF A SCHOOL DISTRICT HAVING A
    CERTAIN ENDING FUND BALANCE IN THE 2010, 2011 AND 2012 FISCAL YEARS
    TO SUBMIT A PLAN FOR BUDGET CUTS TO THE STATE DEPARTMENT OF
    EDUCATION; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ADOPT
    RULES AND REGULATIONS SPECIFYING THE REQUIRED CONTENTS OF THE
    PLAN; TO REQUIRE THE DEPARTMENT TO APPROVE OR RETURN THE PLAN TO
    THE SCHOOL DISTRICT WITH INSTRUCTIONS; TO AUTHORIZE PUBLIC SCHOOL
    DISTRICTS TO FURLOUGH ALL INSTRUCTIONAL AND NONINSTRUCTIONAL
    EMPLOYEES ON A LIMITED BASIS FOR THE 2010-2011 AND 2011-2012 SCHOOL
    YEARS; TO AMEND SECTION 37-7-307, MISSISSIPPI CODE OF 1972, TO
    AUTHORIZE AN ADDITIONAL 1/2 DAY OF PERSONAL LEAVE FOR EVERY
    FURLOUGH DAY REQUIRED FOR SCHOOL DISTRICT EMPLOYEES; TO AMEND
    SECTIONS 37-151-87, 38-19-7, 37-9-23 AND 37-9-33, MISSISSIPPI CODE OF
    1972, TO AUTHORIZE REDUCTIONS IN LOCAL SUPPLEMENTS ON A LIMITED
    BASIS AND IN CONFORMITY THERETO.



                        Mississippi Department of Education, Office
5/20/2010                                                               2
                                of School Financial Services
                    House Bill 1170 (Cont.)
• During the 2010, 2011 and 2012 fiscal years, whenever a school district
  has an ending fund balance in the maintenance fund of the school district
  which is an amount equal to less than seven percent (7%) of the total
  revenue deposited into the district maintenance fund during that fiscal
  year, the school board of the school district shall prepare and file with the
  State Department of Education a plan under which the district intends to
  reduce costs in the district. The plan must be submitted by the school
  board to the department contemporaneously with the budgetary
  information required under Section 37-61-9(2).




                          Mississippi Department of Education, Office
5/20/2010                                                                         3
                                  of School Financial Services
                    House Bill 1170 (Cont.)
• The State Board of Education may adopt rules and regulations prescribing
  the specific contents required to be included in a plan submitted by a local
  school board to the Department under subsection (1) of this section. The
  rules and regulations may include provisions addressing the following
  matters:
   – A description of the financial data or documents and budgetary
      information that a district must submit to the department;
   – A description of the manner by which the school district intends to
      achieve costs savings, demonstrated by actual reductions in budgeted
      expenditures;
   – A requirement that before a school board makes expenditure cuts by
      reductions in the number of instructional employees or by reducing
      any discretionary supplemental amounts paid to instructional
      personnel, significant cost savings must be demonstrated by reducing
      the number of noninstructional personnel or the amounts paid to
      those employees, or both; and
   – Any other information deemed necessary by the State Board of
      Education.
                          Mississippi Department of Education, Office
5/20/2010                                                                    4
                                  of School Financial Services
                   House Bill 1170 (Cont.)
• After analyzing a plan that has been filed with the Department under
  subsection (1), the Department shall either approve the plan as submitted
  by the school board or alternatively, withhold approval and return the
  plan to the district with guidance or instructions, which may require
  resubmission of the plan by the school board for further review after
  changes have been made to the plan.
• This section shall stand repealed on July 1, 2012.




                        Mississippi Department of Education, Office
5/20/2010                                                                 5
                                of School Financial Services
                    House Bill 1170 (Cont.)
• For purposes of this section, "furlough" is defined as the placement of an
  employee temporarily and involuntarily in a nonpay and nonduty status
  for a limited number of workdays during the school year.
• In the event a local school board determines that a serious financial
  condition exists and that resources are insufficient to meet district
  obligations, the local school board may adopt a resolution on the
  recommendation of the local superintendent to furlough all instructional,
  noninstructional and administrative employees of the school district,
  including the superintendent, for not more than three (3) days during the
  2010-2011 school year and for not more than three (3) days during the
  2011-2012 school year.




                         Mississippi Department of Education, Office
5/20/2010                                                                      6
                                 of School Financial Services
                    House Bill 1170 (Cont.)
• For every day an instructional, noninstructional or administrative
  employee with a contract not less than one hundred eighty-seven (187)
  days is furloughed without pay, the employee shall be authorized to take
  one-half (1/2) day of personal leave under the conditions of Section 37-7-
  307(3). The three (3) discretionary furlough days for all licensed
  employees in the 2010-2011 school year and the 2011-2012 school year
  shall not be taken during days that are devoted to classroom instruction.
• Any personal leave allowed for a furlough day shall not be carried over to
  the next school year.
• This section shall stand repealed from and after July 1, 2012.




                         Mississippi Department of Education, Office
5/20/2010                                                                      7
                                 of School Financial Services
                   House Bill 1170 (Cont.)
• SECTION 4. Section 37-151-87, Mississippi Code of 1972, is amended as
  follows:
• 37-151-87. No school district shall pay any teacher less than the state
  minimum salary. Provided, however, that school districts are authorized
  to reduce the state minimum salary by a pro rata daily amount in order to
  comply with the school district employee furlough provisions of Section 2
  of this act…
• Section 37-19-7, Mississippi Code of 1972, is amended to include the same
  language.




                        Mississippi Department of Education, Office
5/20/2010                                                                 8
                                of School Financial Services
                   House Bill 1170 (Cont.)
• …From and after July 1, 2012, no school district shall receive any funds
  under the provisions of this chapter for any school year during which the
  aggregate amount of local supplement as defined in Section 37-151-5 shall
  have been reduced below such amount for the previous year. However,
  (a) where there has been a reduction in adequate education program
  allocations for such district in such year, (b) where there has been a
  reduction in the amount of federal funds to such district below the
  previous year, or (c) where there has been a reduction in ad valorem taxes
  to such school district for the 1986-1987 school year below the amount
  for the previous year due to the exemption of nuclear generating plants
  from ad valorem taxation pursuant to Section 27-35-309, Mississippi Code
  of 1972, the aggregate amount of local supplement in such district may be
  reduced in the discretion of the local school board without loss of funds
  under this chapter…



                         Mississippi Department of Education, Office
5/20/2010                                                                  9
                                 of School Financial Services
                    House Bill 1170 (Cont.)
• SECTION 6. Section 37-9-23, Mississippi Code of 1972, is amended as
  follows:
• 37-9-23. ..”The amount of salary to be shown in such contract shall be the
  amount which shall have been fixed and determined by the school board,
  but, as to the licensed employees paid in whole or in part with adequate
  education program funds, such salary shall not be less than that required
  under the provisions of Chapter 19 of this title. Beginning with the 2010-
  2011 school year, the contract shall include a provision allowing the school
  district to reduce the state minimum salary by a pro rata daily amount in
  order to comply with the school district employee furlough provisions of
  Section 2 of this act, and shall include a provision which conditions the
  payment of such salary upon the availability of adequate education
  funds provided for salaries…”




                         Mississippi Department of Education, Office
5/20/2010                                                                   10
                                 of School Financial Services
                 House Bill 1170 (Cont.)
• Make sure your district is using the latest contract form as
  prescribed by the State Board of Education.
• Contract forms may be obtained at the following URL:
• http://www.mde.k12.ms.us/SBE_policymanual/2601.htm
• http://www.mde.k12.ms.us/SBE_policymanual/2602.htm




                      Mississippi Department of Education, Office
5/20/2010                                                           11
                              of School Financial Services
                        House Bill 1170 (Cont.)
•   Question – If a district determines that a serious financial condition exists and decides
    to furlough employees, does this mean that all employees must be furloughed?
•   Answer – Yes, HB 1170 requires that all employees, including the superintendent, be
    furloughed. A possible exception could be bus drivers that only work on instructional
    days. If bus drivers do not normally work on non-instructional days then the only days
    available would be instructional days. Even though bus drivers are not licensed
    employees and can be furloughed on instructional days, you have to have them to drive
    buses on instructional days. Therefore, in this particular case I think you cannot
    furlough the employee without causing disruption to the normal instructional day.
•   Question – Are all employees required to be furloughed on the same days?
•   Answer – No, HB 1170 states that discretionary furlough days for all licensed employees
    in the 2010-2011 school year and the 2011-2012 school year shall not be taken during
    days that are devoted to classroom instruction. Therefore, you could have a furlough
    day for licensed employees while non-licensed employees such as those who work in
    the district’s business office are working. These types of employees will have to be
    furloughed at some other time if they do not take the furlough day when licensed
    employees do.
•   Question – If a district furloughs employees, can the corresponding reduction in salary
    be spread out over the remaining pay periods or does the reduction in pay have to
    occur during the pay period the furlough occurs?
•   Answer – Our interpretation is the reduction in salary must occur during the pay period
    the furlough occurs. Our analysis is that if you spread the reduction out over the
    remaining pay periods you are in a sense loaning money to the employee that the
    employee will pay back over the remaining pay periods. Loaning of public funds to
    individuals is prohibited by the Mississippi Constitution.
                              Mississippi Department of Education, Office
5/20/2010                                                                                  12
                                      of School Financial Services
                        House Bill 1170 (Cont.)
•   Question – Does every employee that is furloughed earn one half day of personal leave
    for each full day furloughed?
•   Answer – No. HB 1170 clearly states only employees with a contract earn the
    additional leave. If the employee does not have a contract then they do not get the
    additional leave time even if they are furloughed.
•   Question – If I have reduced my assistant teachers days down to the number of actual
    school days, e.g. the minimum of 180 instructional days, how can I furlough them an
    additional three days?
•   Answer – Since assistant teachers are not licensed employees they are not limited to
    non-instructional days for furloughed days.
•   Question – Can I reduce local supplements for teachers?
•   Answer – Yes, HB 1170 allows reductions of local supplements for FY 11 and FY 12. The
    reduction is not contingent upon any criteria such as a reduction in MAEP funds. The
    reduction of local supplement has to occur before contracts are signed. Once a
    contract is signed, the district cannot reduce the local supplement for a teacher.
•   Question – Are benefits that a school district provides for employees such as dental
    insurance considered a local supplement, and if so can the district discontinue providing
    the service?
•   Answer – We are still researching whether something like this is considered a part of
    the local supplement. However, for the next two years it is a moot point because if it is
    a local supplement you have authority to reduce or eliminate local supplements.



                              Mississippi Department of Education, Office
5/20/2010                                                                                  13
                                      of School Financial Services
                           House Bill 1622
                              FY2011 Appropriation Bill
                             05/21 Approved by Governor

      • MAEP: $ 2,041,451,088
            • $128,365,837 is anticipated to be derived from funds
              provided pursuant to the American Recovery and
              Reinvestment Act of 2009.
            • EEF Portion $176,953,097
      • Mentoring - $0
      • National Board Certification Supplements:
        $25,450,000
      • Ad-Valorem Tax Reduction: $8,026,438
      • EEF/Buildings & Buses: $16,000,000
      • Classroom Supply: $6,000,000

                           Mississippi Department of Education, Office
5/20/2010                                                                14
                                   of School Financial Services
                    House Bill 1622
                       FY2011 Appropriation Bill
                      05/21 Approved by Governor

• HB 1059 provides additional amounts as follows:
   – $28,309,201 for MAEP
   – $37,973,562 for Ad Valorem Tax Reduction
   – $1,000,000 for Instructional Supplies and Materials
   – $1,500,000 for Mentor Teacher Program
• Funding for HB 1059 is contingent upon Congress extending
  Federal Medical Assistance Percentages (FMAP)




                    Mississippi Department of Education, Office
5/20/2010                                                         15
                            of School Financial Services
                      FY 2011 MAEP
• FY 2011 MAEP allocation will be lump sum. There is no break
  out for the formula amount and add-ons. The MAEP allocation
  amount will not change during FY 2011 due to revisions of
  MAEP add-on programs. The allocation could change due to
  any budget reductions that may occur during the fiscal year.




                    Mississippi Department of Education, Office
5/20/2010                                                         16
                            of School Financial Services
                       FY 2011 MAEP
                      Special Education Funding
• Even though add-on funding amounts will not be detailed,
  school districts will still be required to meet maintenance of
  effort for sped. The Office of Special Education will allocate
  teacher units to school districts in the normal manner. School
  districts will be expected to employ special education
  teachers based on the number of units allocated.
• Districts will follow the normal process of entering special
  education teacher personnel information in MSIS. The Office
  of Special Education will reconcile personnel information to
  units allocated for each district. Districts that do not employ
  the minimum number of special education teachers based on
  units allocated will be required to provide an explanation.

                     Mississippi Department of Education, Office
5/20/2010                                                          17
                             of School Financial Services
                       FY 2011 MAEP
                    Special Education Funding
• Please remember, even though the teacher unit reconciliation
  process will take place, there will be no revision of funds
  allocated during February this year. This means that no
  additional funds will be allocated for December graduates or
  for any errors in reporting. No such thing as a prayer request
  for 2010-11.




                     Mississippi Department of Education, Office
5/20/2010                                                          18
                             of School Financial Services
                        FY 2011 MAEP
                 Vocational Educational Funding

• School districts will be required to maintain vocational
  programs. Districts will be allocated the same number of
  Vocational Education teacher units for the 2010-2011 school
  year as were allocated for the 2009-2010 school year.
  Districts are expected to fill these units at the same level for
  FY 2011.
• To ensure compliance, each district will enter the teacher
  information into MSIS Vocational Teacher Budget system in
  July as usual. The Office of Voc. Ed. will reimburse districts
  the current 40% for Discovery and Family and Consumer
  Science unit salaries and 49% for Occupational Skills unit
  salaries as in the past.
                      Mississippi Department of Education, Office
5/20/2010                                                            19
                              of School Financial Services
                       FY 2011 MAEP
                Vocational Educational Funding

• The Office of Vocational Education will perform a teacher unit
  reconciliation process in November and December as usual to
  ensure that districts have not reduced vocational programs
  beyond what has been authorized by the Office of Vocational
  Education.
• As with other MAEP add-ons for FY 2011, the MAEP allocation
  will not change from the original allocation unless a budget
  cut occurs during the fiscal year.




                     Mississippi Department of Education, Office
5/20/2010                                                          20
                             of School Financial Services
                       FY 2011 MAEP
                   Gifted Education Funding

• Districts will be required to meet the statutory minimums for
  gifted programs. Funding for gifted programs is included in
  the MAEP allocation at a reduced level. There will not be an
  allocation of gifted teacher units in school year 2010-2011.
• MS Code 37-23-171 through 37-23-181 requires each district
  to have an intellectually gifted program in grades 2-6 for
  students with an intellectually gifted eligibility ruling.
• School districts may provide intellectually gifted programs in
  grades other than 2-6, or other types of gifted programs in
  any grade, but funding for those programs will be at the
  discretion of districts and based on available funds after the
  statutory minimum has been met.

                     Mississippi Department of Education, Office
5/20/2010                                                          21
                             of School Financial Services
                       FY 2011 MAEP
                  Alternative School Funding
• Funds for alternative school programs are included in the
  MAEP allocation at a reduced level. School districts are still
  required to provide an alternative school program during the
  2010-2011 school year.
                    Transportation Funding
• Transportation funding is included in the MAEP allocation at a
  reduced level. There will be no reallocation of transportation
  funds based on a revised density rate table at the end of the
  year as we normally do. Remember that you will still be
  required to pay for special education and vocational
  education “contract transportation” out of the MAEP funds
  allocated.
                     Mississippi Department of Education, Office
5/20/2010                                                          22
                             of School Financial Services
                       FY 2011 MAEP
                          At-Risk Funding

• Funding for At-Risk programs are part of the MAEP formula
  allocation and are not considered an add-on program.
  However, school districts do have discretionary authority for
  the use of these funds for FY 2011 and MDE will not go
  through the process of approving a district’s At-Risk program.
  We are requiring that expenditures for At-Risk programs
  continue to be coded to the At-Risk fund (Fund 1145).




                     Mississippi Department of Education, Office
5/20/2010                                                          23
                             of School Financial Services
            FY 2011 MAEP SALARY SCHEDULE

• No change from the FY 2010 salary schedule.
• A copy of the FY 2011 salary schedule can be obtained on the
  Office of School Financial Services website at the following
  URL:
• http://www.mde.k12.ms.us/financial_accountability/2010-
  2011_MAEP_%20Salary_Schedule.pdf




                    Mississippi Department of Education, Office
5/20/2010                                                         24
                            of School Financial Services
                AD VALOREM TAX REDUCTION
                           HB 1622 VS HB 1059
                     “LITTLE BUDGET & BIG BUDGET”

• HB 1622 has $8,026,438 for Ad Valorem Tax Reduction
• HB 1059 adds $37,973,562 for Ad Valorem Tax Reduction to
  bring the total to $46M
• HB 1059 funding is contingent upon Congress extending the
  Federal Medical Assistance Percentages (FMAP)
• HB 1059 is not federal money. It is funded with additional
  state dollars that would become available if Congress extends
  FMAP.
      – If Congress does not extend the FMAP, then the additional state
        dollars are not available, therefore no funds are available for HB 1059.



                           Mississippi Department of Education, Office
5/20/2010                                                                      25
                                   of School Financial Services
            AD VALOREM TAX REDUCTION
                “LITTLE BUDGET & BIG BUDGET”

• What does this mean for my district going into FY 2011?
• Districts have to use one of the Ad Valorem Tax Reduction
  Fund amounts provided by MDE in calculating the ad valorem
  request.
   – If you use the smaller Ad Valorem Tax Reduction amount
     (based on HB 1622) it means that your ad valorem tax
     request is more than likely going to increase.
   – If you use the larger Ad Valorem Tax Reduction amount
     (based on HB 1059) your tax request will be more in line
     with the previous year. However, if funding for HB 1059
     does not materialize, your district will lose the difference
     between the HB 1622 and HB 1059 amounts.


                     Mississippi Department of Education, Office
5/20/2010                                                          26
                             of School Financial Services
                               Ad Valorem Tax Reduction
                         2009-10 AD VALOREM TAX REQUEST WORKSHEET
            Ad Valorem Taxes Collected                                                         $ 8,373,623
            October 1, 2008 through ___July___, 2009
            Anticipated Ad Valorem taxes to be Collected:                                      $   910,501
            ___August___, 2009 through September 30, 2009
            Homestead Reimbursement (2008-09)                                                  $   402,283
ADD         Ad Valorem Tax Reduction Funds (2008-09)                                           $   417,346
ADD         Ad Valorem Tax Escrow (2007-08)                                                    $        0
ADD         Ad Valorem Tax Shortfall Notes (2008-09)                                           $        0
LESS        Ad Valorem Tax Escrow (2008-09)                                                    $        0
TOTAL       BASE                                                                               $10,103,753
PLUS        ____0_____% Increase                                                               $        0
PLUS        New Programs [Amount allowed under 37-57-104. This is the amount of the            $        0
            increase in local contribution over the prior year that MAY be requested outside
            the 4-7% limitation]
PLUS        Estimated Ad Valorem Tax on New Property                                           $        0
TOTAL       AD VALOREM TAX NEEDS                                                               $10,103,753
LESS        Ad Valorem Tax Reduction Grant (2009-10)                                           $   425,000
LESS        Ad Valorem Tax Escrow (2008-09)                                                    $         0
NET         AD VALOREM TAX REQUEST FOR OPERATIONS                                              $ 9,678,753
                                       Mississippi Department of Education, Office
5/20/2010                                                                                                    27
                                               of School Financial Services
                               Ad Valorem Tax Reduction
                         20010-11 AD VALOREM TAX REQUEST WORKSHEET
            Ad Valorem Taxes Collected                                                         $ 8,400,000
            October 1, 2009 through _July__, 2010
            Anticipated Ad Valorem taxes to be Collected:                                      $   900,000
            __August___, 2010 through September 30, 2010
            Homestead Reimbursement (2009-10)                                                  $   400,000
ADD         Ad Valorem Tax Reduction Funds (2009-10)                                           $   425,000
ADD         Ad Valorem Tax Escrow (2008-09)                                                    $        0
ADD         Ad Valorem Tax Shortfall Notes (2009-10)                                           $        0
LESS        Ad Valorem Tax Escrow (2009-10)                                                    $        0
TOTAL       BASE                                                                               $10,125,000
PLUS        ____0_____% Increase                                                               $        0
PLUS        New Programs [Amount allowed under 37-57-104. This is the amount of the            $        0
            increase in local contribution over the prior year that MAY be requested outside
            the 4-7% limitation]
PLUS        Estimated Ad Valorem Tax on New Property                                           $        0
TOTAL       AD VALOREM TAX NEEDS                                                               $10,125,000
LESS        Ad Valorem Tax Reduction Grant (2010-11)                                           $    70,000
LESS        Ad Valorem Tax Escrow (2009-10)                                                    $         0
NET         AD VALOREM TAX REQUEST FOR OPERATIONS                                              $10,055,000
                                       Mississippi Department of Education, Office
5/20/2010                                                                                                    28
                                               of School Financial Services
            AD VALOREM TAX REDUCTION
             “LITTLE BUDGET VS BIG BUDGET”


• In this example the district used the smaller
  Ad Valorem Tax Reduction amount based on
  HB 1622 and the tax request increased over
  the previous year by:
                     $376,000




                  Mississippi Department of Education, Office
5/20/2010                                                       29
                          of School Financial Services
            AD VALOREM TAX REDUCTION
              “LITTLE BUDGET VS BIG BUDGET”

• If the district decides to use the smaller Ad
  Valorem Tax Reduction amount and HB 1059 is
  subsequently funded after the ad valorem tax
  request is filed what happens?
      – MDE will disburse the Ad Valorem Tax Reduction
        funds from HB 1059 to districts.
      – These funds are considered ad valorem receipts and
        will be in excess of the request.
      – Districts will escrow these funds and reduce the
        subsequent years request by the escrow amount.

                     Mississippi Department of Education, Office
5/20/2010                                                          30
                             of School Financial Services
            AD VALOREM TAX REDUCTION
              “LITTLE BUDGET VS BIG BUDGET”

• If my tax request is increasing due to using the smaller Ad
  Valorem Tax Reduction amount am I still required to run the
  “Notice of Tax Increase” advertisement?
   – Yes, the safe thing to do is run the advertisement
• Bottom line is that districts need to work with their levying
  authorities to make sure everyone knows what is changing
  and why.




                     Mississippi Department of Education, Office
5/20/2010                                                          31
                             of School Financial Services
                                 House Bill 113
  Revises the maximum waiting period for production of records under an open records request
                                 from 14 days to seven days.
                                04/07 Approved by Governor

• SECTION 1. Section 25-61-5, Mississippi Code of 1972, is amended as
  follows:
• 25-61-5. (1) (a) Except as otherwise provided by Sections 25-61-9 and
  25-61-11, all public records are hereby declared to be public property, and
  any person shall have the right to inspect, copy or mechanically reproduce
  or obtain a reproduction of any public record of a public body in
  accordance with reasonable written procedures adopted by the public
  body concerning the cost, time, place and method of access, and public
  notice of the procedures shall be given by the public body, or, if a public
  body has not adopted * * * written procedures, the right to inspect, copy
  or mechanically reproduce or obtain a reproduction of a public record of
  the public body shall be provided within one (1) working day after a
  written request for a public record is made. No public body shall adopt
  procedures which will authorize the public body to produce or deny
  production of a public record later than seven (7) working days from the
  date of the receipt of the request for the production of the record.



                               Mississippi Department of Education, Office
5/20/2010                                                                                      32
                                       of School Financial Services
                        House Bill 113 (Cont.)
•   (b) If a public body is unable to produce a public record by the seventh working
    day after the request is made, the public body must provide a written explanation
    to the person making the request stating that the record requested will be
    produced and specifying with particularity why the records cannot be produced
    within the seven-day period. Unless there is mutual agreement of the parties, in
    no event shall the date for the public body's production of the requested records
    be any later than fourteen (14) working days from the receipt by the public body
    of the original request.
•   (2) If any public record contains material which is not exempted under this
    chapter, the public agency shall redact the exempted and make the nonexempted
    material available for examination. Such public agency shall be entitled to charge
    a reasonable fee for the redaction of any exempted material, not to exceed the
    agency's actual cost.
•   (3) Denial by a public body of a request for access to or copies of public records
    under this chapter shall be in writing and shall contain a statement of the specific
    exemption relied upon by the public body for the denial. Each public body shall
    maintain a file of all denials of requests for public records. Public bodies shall be
    required to preserve such denials on file for not less than three (3) years from the
    date such denials are made. This file shall be made available for inspection * * *
    or copying or both during regular office hours to any person upon written request.
•    This act shall take effect and be in force from and after July 1, 2010.


                             Mississippi Department of Education, Office
5/20/2010                                                                               33
                                     of School Financial Services
                                    House Bill 511
 Allows the Department of Public Safety to accept the certification of successful completion of an
individual's training in the skills and knowledge of the proper operation of a motor vehicle from a
               driver's education program meeting the standards of the Department.
                                    03/15 Approved by Governor



• (6) The Department of Public Safety may accept the certification of
  successful completion of an individual's training in the knowledge and
  skills needed for the proper and safe operation of a motor vehicle from a
  driver education and training program at a secondary school that meets
  the standards of the department, in lieu of the department administering
  the examination of the individual for the purpose of obtaining a driver's
  license. The commissioner and the State Board of Education shall jointly
  promulgate rules and regulations for the administration of this subsection.
• SECTION 2. This act shall take effect and be in force from and after July 1,
  2010.




                                Mississippi Department of Education, Office
5/20/2010                                                                                        34
                                        of School Financial Services
                                   House Bill 957
Provides that from and after July 1, 2011, no person who is being paid a retirement allowance or
pension under the public employees' retirement system may be employed by the state until the
              retired person has been retired for not less than 90 consecutive days
                                  04/28 Approved by Governor

• Amends Section 25-11-127 to provide that from and after July 1,
  2011, no person who is being paid a retirement allowance or
  pension under the public employees' retirement system may be
  employed by the state until the retired person has been retired for
  not less than 90 consecutive days;
• To require, from and after July 1, 2011, the employer of any retired
  member of the Public Employees' Retirement System who is
  working after retirement to pay the full amount of the employer's
  contributions on the amount of compensation received by the
  retiree for his or her employment;
• Provides that a member of the system may retire and continue in
  municipal or county elective office provided that the member will
  not violate the in-service distribution prohibition of the internal
  revenue service;


                               Mississippi Department of Education, Office
5/20/2010                                                                                     35
                                       of School Financial Services
                     House Bill 957 (Cont.)

• Provides that the municipality or county in which a retired member
  of the system is elected to office or continues in an elective office
  shall pay the amount of the employer's contributions on the full
  amount of the regular compensation for the elective office that the
  retired person holds
• Requires the employer of any retired member of the Public
  Employees' Retirement System who is working after retirement to
  pay the full amount of the employer's contribution on the amount
  of compensation received by the retiree for his or her employment.
• Provides that if a retired member of the system contracts with an
  employer to provide services as an independent contractor, and the
  Board of Trustees of the system later determines that the retiree is
  not a true independent contractor, the retiree shall be prohibited
  from contracting with any employer to provide services for a period
  of 10 years.
• Effective Date: July 1, 2010

                       Mississippi Department of Education, Office
5/20/2010                                                             36
                               of School Financial Services
                           House Bill 625
                      Mississippi Recovery School District
                         03/24 Approved by Governor

• AN ACT TO AMEND SECTION 37-17-6, MISSISSIPPI CODE OF 1972, TO
  PROVIDE THAT THE APPOINTMENT OF THE DEPUTY SUPERINTENDENT BY
  THE STATE SUPERINTENDENT OF PUBLIC EDUCATION TO MANAGE THE
  MISSISSIPPI RECOVERY SCHOOL DISTRICT SHALL BE SUBJECT TO APPROVAL
  BY THE STATE BOARD OF EDUCATION; TO PROVIDE THAT CONSERVATORS
  AND FINANCIAL ADVISORS ASSIGNED TO LOW PERFORMING SCHOOLS IN
  THE MISSISSIPPI RECOVERY SCHOOL DISTRICT SHALL BE DEEMED
  INDEPENDENT CONTRACTORS.
• The Deputy State Superintendent responsible for the Mississippi Recovery
  School District shall determine, based on rigorous professional
  qualifications set by the State Board of Education, the appropriate
  individuals to be engaged to be conservators and financial advisors, if
  applicable, of all school districts subject to state conservatorship. After
  State Board of Education approval, these individuals shall be deemed
  independent contractors.
• This act shall take effect and be in force from and after July 1, 2010.

                         Mississippi Department of Education, Office
5/20/2010                                                                  37
                                 of School Financial Services
                                         House Bill 626
                               Due Process Hearing – Exceptional Child
                                    03/15 Approved by Governor
•   AN ACT TO REPEAL SECTION 37-23-11, MISSISSIPPI CODE OF 1972, WHICH
    PROVIDES FOR A DUE PROCESS HEARING REGARDING AN EXCEPTIONAL
    CHILD'S IDENTIFICATION, EVALUATION OR EDUCATIONAL PLACEMENT; TO
    AMEND SECTION 37-23-150, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO
    THE PROVISIONS OF THIS ACT
•   SECTION 1. Section 37-23-11, Mississippi Code of 1972, which provides for a
    due process hearing regarding an exceptional child's identification, evaluation
    or educational placement, is repealed.
•   SECTION 2. Section 37-23-150, Mississippi Code of 1972, is amended as
    follows:
      –     37-23-150. It is the intent of the Legislature that none of the provisions of Sections 37-16-9, 37-23-1
            through 37-23-9 and 37-23-133 through 37-23-149 shall create mandates that impose financial or
            legal requirements upon local school districts that are greater or more restrictive upon local school
            districts as required by the Individuals with Disabilities Education Act of 1997 and any later
            amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is
            not the intent of the Legislature to impose any additional state unfunded mandates for the
            implementation of this act. Any provisions of this act that are inconsistent, create additional
            unfunded state mandates, or that are more restrictive upon school districts than federal
            requirements shall be expressly unenforceable and have no effect.
•   SECTION 3. This act shall take effect and be in force from and after July 1,
    2010.

                                       Mississippi Department of Education, Office
5/20/2010                                                                                                        38
                                               of School Financial Services
                           House Bill 629
                          Revise GED Requirements
                         03/15 Approved by Governor
• AN ACT TO AMEND SECTION 37-35-3, MISSISSIPPI CODE OF 1972, TO
  REVISE THE GED PROGRAM ENTRANCE REQUIREMENTS FOR STUDENTS
  WHO ARE AT LEAST ONE FULL GRADE LEVEL BEHIND HIS OR HER NINTH
  GRADE COHORT; TO REQUIRE THOSE STUDENTS ENROLLED IN CERTAIN
  SUBJECT AREA COURSES TO TAKE THE END-OF-COURSE SUBJECT AREA
  TESTS FOR THOSE COURSES IN WHICH THEY ARE ENROLLED.
• The State Department of Education will develop procedures and criteria
  for placement of a student in the General Educational Development (GED)
  programs. Students placed in General Educational Development (GED)
  programs shall have parental approval for such placement and must meet
  the following criteria:
   – (i) The student must be at least sixteen (16) years of age;
   – (ii) The student must be at least one (1) full grade level behind his or
      her ninth grade cohort or must have acquired less than four (4)
      Carnegie units;
   – (iii) The student must have taken every opportunity to continue to
      participate in coursework leading to a diploma; and
   – (iv) The student must be certified to be eligible to participate in the
      GED course by the school district superintendent, based on the
      developed criteria.
                         Mississippi Department of Education, Office
5/20/2010                                                                   39
                                 of School Financial Services
                     House Bill 629 (Cont.)
• Students participating in an approved General Educational Development
  (GED) program, who are enrolled in subject area courses through January
  31 in a school with a traditional class schedule or who are enrolled in
  subject area courses through October 31 or through March 31 in a school
  on a block schedule, shall be required to take the end-of-course subject
  area tests for those courses in which they are enrolled.
• SECTION 2. This act shall take effect and be in force from and after July 1,
  2010.




                          Mississippi Department of Education, Office
5/20/2010                                                                    40
                                  of School Financial Services
                         House Bill 630
                  Revise Certain Transportation Requirements
                          04/07 Approved by Governor
• AN ACT TO AMEND SECTIONS 37-41-1, 37-41-7 AND 37-41-21, MISSISSIPPI
  CODE OF 1972, TO DELETE THE AUTHORITY AND RESPONSIBILITY OF THE
  STATE BOARD OF EDUCATION AND THE STATE DEPARTMENT OF
  EDUCATION TO REGULATE PLANS FOR SCHOOL BUS TRANSPORTATION
  ROUTES IN LOCAL SCHOOL DISTRICTS; TO AMEND SECTIONS 37-41-29 AND
  37-41-31, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN STANDARDS
  FOR CONTRACTS FOR THE PRIVATE TRANSPORTATION OF STUDENTS AND
  TO DELETE THE AUTHORITY AND RESPONSIBILITY OF THE STATE BOARD OF
  EDUCATION AND THE STATE DEPARTMENT OF EDUCATION TO REGULATE
  SUCH CONTRACTS; TO AMEND SECTION 37-41-89, MISSISSIPPI CODE OF
  1972, TO DELETE THE AUTHORITY AND THE RESPONSIBILITY OF THE STATE
  BOARD OF EDUCATION AND THE STATE DEPARTMENT OF EDUCATION TO
  APPROVE SCHOOL TRANSPORTATION NOTES; TO AMEND SECTION 37-15-
  29, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT SCHOOL DISTRICTS
  SHALL PROVIDE ACCESS TO SCHOOL BUS ROUTE INFORMATION TO THE
  STATE DEPARTMENT OF EDUCATION IN APPEALS OF CERTAIN STUDENT
  TRANSFER CASES; TO REPEAL SECTIONS 37-41-17 AND 37-41-19,
  MISSISSIPPI CODE OF 1972, WHICH PROVIDE STANDARDS FOR SCHOOL
  DISTRICT TRANSPORTATION PLANS.


                       Mississippi Department of Education, Office
5/20/2010                                                            41
                               of School Financial Services
                    House Bill 630 (Cont.)
• SECTION 1. Section 37-41-1, Mississippi Code of 1972, is amended as
  follows:
• Deletes the below current language in 37-41-1 which states that The State
  Board of Education is authorized, empowered and directed to promulgate
  rules and regulations for:
   – 37-41-1(b) Approving or disapproving plans for public school routes.
   – 37-41-1(h) Furnishing consultative supervision for the operation of
       county school bus garages, and approving plans for such garages and
       the proposed expenditure of transportation funds therefor.
   – 37-41-1(l) Conduct upon said buses; and
   – 37-41-1(m) The method by which, and the circumstances in which,
       any individual who is not a student scheduled to be a passenger upon
       that particular bus, a member of the public school administration or
       faculty, or a law enforcement official may obtain entry upon said
       buses.




                         Mississippi Department of Education, Office
5/20/2010                                                                 42
                                 of School Financial Services
                     House Bill 630 (Cont.)
• SECTION 2. Section 37-41-7, Mississippi Code of 1972, is amended as
  follows:
• Revised language in 37-41-7 reads in part “The local school board is
  hereby authorized, empowered and directed * * * to lay out all
  transportation routes and provide transportation for all school children
  who are entitled to transportation within their respective counties and
  school districts.“
• HB 630 Deletes “subject to the approval of the State Department of
  Education” from the current law.




                         Mississippi Department of Education, Office
5/20/2010                                                                    43
                                 of School Financial Services
                     House Bill 630 (Cont.)
• SECTION 3. Section 37-41-21, Mississippi Code of 1972, is amended as
  follows:
• Only pupils who are entitled to transportation shall be reported in the
  proposed plans. It shall be unlawful for the State Board of Education to
  allot any state funds to any school district for the transportation of to
  transport pupils who are not entitled to such transportation, or to
  transport for the transportation of pupils from one (1) district to another if
  their grade or grades are taught in a school within the district wherein
  they reside, unless the transfer of such children from the district in which
  they reside to such districts shall have been approved in the manner
  provided by law.




                          Mississippi Department of Education, Office
5/20/2010                                                                     44
                                  of School Financial Services
                     House Bill 630 (Cont.)
• SECTION 4. Section 37-41-29, Mississippi Code of 1972, is amended as
  follows:
• It shall be the duty of the school boards to approve the continuation of
  present private contracts providing for transportation of school
  pupils * * *, or to approve new contracts * * * entered into whenever it is
  deemed that the needs of the pupils can best be served by such method
  of transportation. However, in no case shall the amount allotted per pupil
  from state funds for transportation in facilities provided by private
  contracts exceed the amount allowed per pupil from state funds for public
  transportation in the same county and district.
    – Deletes “With the approval of the State Board of Education”
    – Deletes “may be continued”




                         Mississippi Department of Education, Office
5/20/2010                                                                   45
                                 of School Financial Services
                            House Bill 630 (Cont.)
•   SECTION 4. Section 37-41-29, Mississippi Code of 1972, is amended as follows:
•   Before any money is allocated or disbursed from the state transportation funds to
    any school board which is transporting children under private contracts, written
    contracts shall be entered into by and between the respective carriers and school
    boards. A copy of each contract shall be filed with the superintendent of
    schools. The aforesaid contract shall contain, at a minimum, the cost of services to
    be provided to include all necessary bus routes as well as the cost of school-
    approved activities such as field trips, the length of the contract, the terms of the
    utilization of existing pupil transportation facilities and existing fleet of buses, if
    applicable, the necessary types and amounts of limits of insurance that will protect
    the district, to include Workers' Compensation Insurance. Certificates of insurance
    shall provide that a thirty-day prior notice of cancellation will be given to the
    district. The contractor shall comply with all state laws and the State Board of
    Education policies pertaining to pupil transportation services, including the
    requirement that (a) school buses used by such contractor shall comply with the
    Mississippi Minimum Standards for School Buses established by the State Board of
    Education, and (b) all school bus drivers employed by such contractor shall be
    trained and certified by the State Department of Education.
      – Old Language read “Before any money is allocated or disbursed from the state transportation
        funds to any school board which is transporting children under private contracts, written
        contracts shall be entered into by and between the respective carriers and school boards. A
        copy of each contract shall be filed with the superintendent of schools. The aforesaid contract
        shall show the length of the route, the amount of money to be paid the carrier, the type and
        condition of the bus, and any other information which may be required by the State Board of
        Education.”

                                  Mississippi Department of Education, Office
5/20/2010                                                                                            46
                                          of School Financial Services
                     House Bill 630 (Cont.)
• SECTION 5. Section 37-41-31, Mississippi Code of 1972, is amended as
  follows:
• Private contracts for the transportation of exceptional children, as defined
  in Section 37-23-3, may be negotiated by the local school board without
  the necessity of the advertising for or taking of bids. The same may apply
  under extraordinary circumstances where regular transportation is
  considered to be impractical * * *. The local school board may negotiate
  and contract for the transportation described in this paragraph so long as
  the local school board complies with the school transportation regulations
  promulgated by the State Board of Education.
   – Deletes “with prior approval of the State Department of Education.”




                          Mississippi Department of Education, Office
5/20/2010                                                                   47
                                  of School Financial Services
                     House Bill 630 (Cont.)
• SECTION 5. Section 37-41-31, Mississippi Code of 1972, is amended as
  follows:
• Contracts shall be made for four (4) years, at the discretion of the local
  school board. Any and all bids may be rejected. At the expiration of any
  transportation contract, if the school board believes a route should remain
  substantially as established and finds that the carrier thereon has
  rendered efficient and satisfactory services it may * * * extend the
  contract for not more than four (4) years, subject, however, to the
  provisions of Section 37-41-29.
   – Deletes “with the approval of the State Board of Education,”




                         Mississippi Department of Education, Office
5/20/2010                                                                  48
                                 of School Financial Services
                    House Bill 630 (Cont.)
• SECTION 6. Section 37-41-89, Mississippi Code of 1972, is amended as
  follows:
• The school board of any school district * * * may borrow money for the
  purchase of school transportation equipment or to establish, erect and
  equip school bus shops or garages, and purchase land therefor, and issue
  the negotiable notes or bonds of the school district as evidence of the
  indebtedness so incurred.
   – Deletes “with the approval of the State Board of Education,”
• SECTION 7. Sections 37-41-17 and 37-41-19, Mississippi Code of 1972,
  which provide standards for school district transportation plans, are
  hereby repealed.




                         Mississippi Department of Education, Office
5/20/2010                                                                    49
                                 of School Financial Services
                       House Bill 630 (Cont.)
• SECTION 8. Section 37-15-29, Mississippi Code of 1972, is amended as
  follows:
• (3) No child shall be required to be transported in excess of thirty (30)
  miles on a school bus from his or her home to school, or in excess of thirty
  (30) miles from school to his or her home, if there is another school in an
  adjacent school district located on a shorter school bus transportation
  route by the nearest traveled road. Those children residing in such
  geographical situations may, at the discretion of their parent(s) or legal
  guardian(s), enroll and attend the nearer school, regardless of the
  residence of the child. In the event the parent or legal guardian of such
  child and the school board are unable to agree on the school bus mileage
  required to transport the child from his or her home to school, an appeal
  shall lie to the State Board of Education, or its designee, whose decision
  shall be final. The school districts involved in the appeal shall provide the
  Mississippi Department of Education with any school bus route
  information requested, including riding the buses as necessary, in order to
  measure the bus routes in question, as needed by the State Board of
  Education in considering the appeal.
• This act shall take effect and be in force from and after July 1, 2010.


                          Mississippi Department of Education, Office
5/20/2010                                                                     50
                                  of School Financial Services
                            House Bill 631
                              Testing Accommodations
                            04/07 Approved by Governor


• AN ACT TO AMEND SECTION 37-16-3, MISSISSIPPI CODE OF 1972, TO
  PROVIDE THAT UNIFORM BASIC SKILLS TESTS SHALL BE ADMINISTERED TO
  PRESERVE THE INTEGRITY AND VALIDITY OF THE ASSESSMENT
• “…Uniform basic skills tests shall be completed by each student in the
  appropriate grade. These tests shall be administered in such a manner as
  to preserve the integrity and validity of the assessment. In the event of
  excused or unexcused student absences, make-up tests shall be
  given. The school superintendent of every school district in the state shall
  annually certify to the State Department of Education that each student
  enrolled in the appropriate grade has completed the required basic skills
  assessment test for his or her grade in a valid test administration….”
• This act shall take effect and be in force from and after July 1, 2010.



                          Mississippi Department of Education, Office
5/20/2010                                                                    51
                                  of School Financial Services
                                  House Bill 632
       Date Office of Compulsory School Attendance is required to submit its Annual Report
                                    03/24 Approved by Governor

• AN ACT TO AMEND SECTION 37-13-85, MISSISSIPPI CODE OF 1972, TO
  AUTHORIZE THE OFFICE OF COMPULSORY SCHOOL ATTENDANCE
  ENFORCEMENT OF THE STATE DEPARTMENT OF EDUCATION TO FILE
  ANNUAL REPORTS ON THE SAME DATE AS OTHER DEPARTMENT REPORTS.
• “(h) To publish a report each year on the work of school attendance
  officers in each school district concerning enforcement of the Mississippi
  Compulsory School Attendance Law. The report shall include: figures
  reflecting school attendance violations and reductions or increases in the
  school dropout rates; information describing attendance-related problems
  and proposed solutions for those problems; and any other information
  that the State Department of Education may require. The report shall be
  submitted to the State Board of Education and the Education Committees
  of the Senate and House of Representatives before the last day of January
  following the preceding school year;…”
• SECTION 2. This act shall take effect and be in force from and after July 1,
  2010.



                                Mississippi Department of Education, Office
5/20/2010                                                                                    52
                                        of School Financial Services
                                  House Bill 1047
            Creates Task Force on Teacher Attrition, Retention and Growth in Mississippi
                                   04/07 Approved by Governor

• AN ACT TO CREATE THE TASK FORCE TO STUDY STRATEGIES FOR SOLVING
  THE CURRENT TEACHER SHORTAGE IN MISSISSIPPI TO MAKE
  RECOMMENDATIONS TO THE 2011 REGULAR SESSION OF THE
  LEGISLATURE REGARDING TEACHER ATTRITION, RETENTION AND
  GROWTH; TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO
  SET FORTH THE DUTIES OF THE TASK FORCE.
• The Task Force to Study Strategies for Solving the Current Teacher
  Shortage in Mississippi is created to study and make recommendations to
  the Governor and the Legislature regarding teacher attrition, retention
  and growth in our state. The task force shall study and make
  recommendations on the following key areas:
      (a) Teacher salaries;
      (b) Future educators;
      (c) Working conditions of educators;
      (d) Relevant professional development for educators;
      (e) Adequate and equitable resources and support for educators;
      (f) Safety and respect in the schools; and
      (g) Parental and community involvement in the schools.
                                 Mississippi Department of Education, Office
5/20/2010                                                                                  53
                                         of School Financial Services
                       House Bill 1047 (Cont.)
•   Members of the task force shall be composed of the following:
     – (a) The State Superintendent of Public Education, or his designee;
     – (b) One (1) person appointed by the Governor;
     – (c) The Chairmen of the Senate and House Education Committees;
     – (d) The Chairmen of the Senate and House Universities and Colleges
       Committees;
     – (e) The Chairmen of the Senate and House Appropriations Committees;
     – (f) Three (3) classroom teachers appointed by the State Board of Education,
       one (1) to be an elementary teacher, one (1) to be a middle school teacher
       and one (1) to be a high school teacher;
     – (g) One (1) assistant teacher appointed by the Mississippi Association of
       Educators;
     – (h) One (1) principal appointed by the State Board of Education;
     – (i) One (1) local school superintendent appointed by the Mississippi
       Association of School Superintendents; and
     – (j) Two (2) Deans of the College of Education of a Mississippi public or private
       university appointed by the Board of Trustees of State Institutions of Higher
       Learning.
                             Mississippi Department of Education, Office
5/20/2010                                                                             54
                                     of School Financial Services
                     House Bill 1047 (Cont.)
• Appointments to the task force shall be made within thirty (30) days after
  the effective date of this act. The task force shall hold its first meeting not
  later than August 1, 2010, with the date, time and location of the meeting
  to be designated by the State Superintendent of Education. At the first
  meeting the task force shall elect from among its membership a chairman,
  vice chairman and any other officers determined to be necessary, who
  shall organize the task force for business and determine the date and
  locations of subsequent meetings.
• Members of the task force shall serve without compensation for their
  services, but may be reimbursed for necessary expense in attending to the
  actual business of the task force from any available funds, as provided by
  law. Legislative members shall be reimbursed from the contingent
  expense fund of their respective house, but only with the specific approval
  of the Rules Committee of the respective house. The task force, by
  approval of a majority of its membership, may accept funds that may be
  donated or provided in the form of grants from public or private sources.

                          Mississippi Department of Education, Office
5/20/2010                                                                      55
                                  of School Financial Services
                    House Bill 1047 (Cont.)
• Any department, agency or court of this state, at the request of the
  chairman of the task force, shall provide staff and other support necessary
  for the task force to perform its duties.
• Upon presentation of its report to the Governor and the 2011 Regular
  Session of the Legislature, the task force shall be dissolved.
• This act shall take effect and be in force from and after July 1, 2010




                         Mississippi Department of Education, Office
5/20/2010                                                                  56
                                 of School Financial Services
                                           House Bill 1056
 Authorizes State Board of Education to select private providers, overseen by the State Department of Education, to administer,
               manage or operate virtual school programs including the Mississippi Virtual Public School Program
                                                  03/15 Approved by Governor

 •   AN ACT TO AMEND SECTION 37-161-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE
     THE STATE BOARD OF EDUCATION TO SELECT PRIVATE PROVIDERS, OVERSEEN BY
     THE STATE DEPARTMENT OF EDUCATION, TO ADMINISTER, MANAGE OR OPERATE
     VIRTUAL SCHOOL PROGRAMS, INCLUDING TOTAL OPERATION OF THE MISSISSIPPI
     VIRTUAL PUBLIC SCHOOL PROGRAM, AND TO REVISE THE PERIOD OF TIME WITHIN
     WHICH THE PROGRAM MUST BE EVALUATED TO EVERY THREE YEARS.
 •   There is created the Mississippi Virtual Public School Program, which is the
     responsibility of the State Department of Education. It is the intent of the
     Legislature that the Mississippi Virtual Public School established under this section
     provide Mississippi families with an alternative choice to access additional
     educational resources in an effort to improve academic achievement. The
     Mississippi Virtual Public School must be recognized as a public school and provide
     equitable treatment and resources as are other public schools in the state. Private
     providers, overseen by the State Department of Education, may be selected by the
     State Board of Education to administer, manage or operate virtual school programs
     in this state, including the total operation of the Mississippi Virtual Public School
     Program. Any private provider chosen to provide services under the provisions of
     this subsection shall be chosen through a competitive RFP process.
                                          Mississippi Department of Education, Office
5/20/2010                                                                                                                     57
                                                  of School Financial Services
                   House Bill 1056 (Cont.)
• The Mississippi Virtual Public School must be evaluated every three (3)
  years according to the following criteria:
   – (a) The accountability and viability of the Mississippi Virtual Public
      School, as demonstrated by its academic, fiscal and operational
      performance.
   – (b) The access of each student in the Mississippi Virtual Public School
      to a sequential curriculum that meets or exceeds the state's academic
      standards and which has an interactive program with significant online
      components.
   – (c) Whether or not each student achieves the required number of
      hours of learning opportunities prescribed by each course per
      academic year, or alternatively, has demonstrated mastery or
      completion of appropriate subject areas.
• This act shall take effect and be in force from and after July 1, 2010.




                         Mississippi Department of Education, Office
5/20/2010                                                                 58
                                 of School Financial Services
                                 House Bill 1078
    Requires the Office of Healthy Schools of the State Department of Education to develop and
       implement the Healthier School Initiative to promote healthier school environments.
                                    03/24 Approved by Governor
•    Requires the Office of Healthy Schools of the State Department of Education to
     develop and implement the Healthier School Initiative to promote healthier school
     environments.
•    Requires the office to provide financial incentives to schools receiving recognition
     through the HealthierUS School Challenge and provide financial awards, subject to
     legislative appropriation, for schools receiving certain levels of recognition.
•    Requires local school districts to include information relevant to the HealthierUS
     School Challenge on their district Web sites.
•    Requires the office to provide technical assistance to schools that elect to
     participate in the challenge to become a HealthierUS School and establish criteria
     required to be met by schools participating in the challenge.
•    Requires an application for certification as a HealthierUS School to be submitted to
     the State Department of Education for review by the Office of Healthy Schools.
•    Requires the office to forward approved applications to the United States
     Department of Agriculture for consideration and authorizes schools to modify an
     application that is not approved by the office.
•    Effective Date: July 1, 2010
                                Mississippi Department of Education, Office
5/20/2010                                                                                        59
                                      of School Financial Services
                                 House Bill 1079
     Requires the Office of Healthy Schools of the State Department of Education to provide
    comprehensive training on certain food service practices provided by local school districts.
                                  03/15 Approved by Governor
• Requires the Office of Healthy Schools of the State Department of
  Education to provide comprehensive training on certain food service
  practices provided by local school districts, including healthy food and
  beverage choices, healthy food preparation, marketing of healthy food
  choices to students and staff, food preparation ingredients and products,
  minimum and maximum time allotment for students and staff lunch and
  breakfast periods, the availability of food items during the lunch and
  breakfast periods of the Child Nutrition School Breakfast and Lunch
  Programs and methods to increase participation in the Child Nutrition
  School Breakfast and Lunch Programs.
• Authorizes the Department of Education to determine the time, location
  and frequency with which the trainings are held.
• Requires certain district personnel, including superintendents, business
  managers, food service directors, food service managers or their designee,
  to attend the training.
• Effective Date: July 1, 2010
                                 Mississippi Department of Education, Office
5/20/2010                                                                                          60
                                         of School Financial Services
                                House Bill 1097
Requires the State Department of Education to provide technical assistance to certain schools not
                   meeting adequate performance of accreditation standards.
                                 04/07 Approved by Governor

• Requires the State Department of Education to provide technical
  assistance to certain schools not meeting adequate performance of
  accreditation standards.
• Requires the Schools At-Risk to be identified by criteria established by the
  State Board of Education.
• Revises the composition and qualifications of members of evaluation
  teams to conduct on-site audits and removes the requirement that
  evaluation reports identify personnel in need of improvement.
• Deletes the provision requiring the Department of Education evaluation
  team leaders assist certain school officials in the Development of a School
  Improvement Plan and requires certain actions to be taken by certain
  school officials in the development of a School Improvement Plan.
• The bill requires certain actions to be taken by certain entities with regard
  to the development and approval of School Improvement Action Plans of
  Schools At-Risk.



                                Mississippi Department of Education, Office
5/20/2010                                                                                      61
                                        of School Financial Services
                    House Bill 1097 (Cont.)
• The bill requires a district with a School At-Risk to establish a community-
  based pre-kindergarten through higher education council.
• The bill authorizes the State Board of Education to initiate the
  conservatorship process when a school district has a School At-Risk for
  two consecutive full school years.
• The bill requires all teachers in those schools to fully participate in
  professional development.
• The bill authorizes the assignment of mentors who have demonstrated
  certain expertise to teachers at the School At-Risk.
• The bill deletes the requirements of certain procedures to be followed by
  Schools At-Risk.
• Effective Date: July 1, 2010




                          Mississippi Department of Education, Office
5/20/2010                                                                    62
                                  of School Financial Services
                                  House Bill 1153
  Revises the composition of the membership of the Board of Trustees of a municipal separate
school district in municipalities having a population in excess of 100,000 to reflect the number of
                                      wards in the municipality.
                                    04/01 Approved by Governor


• Revises the composition of the membership of the Board of
  Trustees of a municipal separate school district in
  municipalities having a population in excess of 100,000 to
  reflect the number of wards in the municipality.
• The bill increases the number of board members on the
  Jackson Public Schools Board to seven members.
• Effective Date: July 1, 2010




                                Mississippi Department of Education, Office
5/20/2010                                                                                        63
                                        of School Financial Services
                               House Bill 1349
            Establishes the “Mississippi School District Emergency Bridge Loan Act”
                                   03/25 Approved by Governor


• Establishes the “Mississippi School District Emergency Bridge Loan Act” for
  the purpose of assisting school districts that suffer revenue losses as a
  result of an economic downturn that substantially impacts the state and
  local revenues available to school districts.
• The bill provides that the program shall be administered by the State
  Department of Education.
• The bill creates the Mississippi School District Emergency Bridge Loan
  Fund.
• The bill establishes the maximum amount of any loan from the fund.
• The bill provides that a school district that receives a loan shall pledge for
  repayment of the loan any part of the homestead exemption annual tax
  loss reimbursement to which it may be entitled under Section 27-33-77, as
  may be required by the department.


                               Mississippi Department of Education, Office
5/20/2010                                                                             64
                                       of School Financial Services
                  House Bill 1349 (Cont.)
• The bill grants the State Department of Education certain powers
  and duties with regard to this act.
• The bill authorizes the State Bond Commission to declare the
  necessity for general funds to fund the loans under this program.
• The bill authorizes the Department of Finance and Administration
  to make transfers from the general fund to the loan fund for the
  purpose of funding the loans under this program.
• The bill authorizes the Department of Finance and Administration
  to issue warrants to make loans under this program.
• The bill provides for the disposition of any unneeded state funds in
  the local funds.
• Effective Date: Upon Passage




                       Mississippi Department of Education, Office
5/20/2010                                                            65
                               of School Financial Services
                   House Bill 1349 (Cont.)
• There is created a special fund in the State Treasury to be designated as
  the "Mississippi School District Emergency Bridge Loan Fund," referred to
  in this section as the "fund." The fund shall consist of money designated
  for deposit in the fund from any source including, but not limited to,
  appropriations, bond proceeds, grants, gifts, donations or funds from any
  source, public or private. The fund shall be credited with all repayments
  of principal and interest derived from loans made from the
  fund. Unexpended amounts remaining in the fund at the end of a fiscal
  year shall not lapse into the State General Fund, and any interest earned
  on amounts in the fund shall be deposited to the credit of the State
  General Fund. Monies in the fund may not be used or expended for any
  purpose except as authorized under this section.
• The Department shall establish a loan program by which loans may be
  made available to school districts to assist those school districts. Any
  school district that demonstrates for the current fiscal year a projected
  revenue loss equal to or exceeding one-third (1/3) of its revenues in the
  preceding fiscal year may qualify for a loan. The interest rate on loans
  made under this section may vary from time to time and from loan to loan
  and shall be at or below market interest rates as determined by the
  department. The department shall act as quickly as is practicable and
  prudent in deciding on any loan request that it receives.
                         Mississippi Department of Education, Office
5/20/2010                                                                66
                                 of School Financial Services
                   House Bill 1349 (Cont.)
• The aggregate amount of any loans received under this section by a school
  district shall not exceed one hundred percent (100%) of the difference
  between the revenue received by the school district to fund essential
  operations in the preceding fiscal year and the estimated revenue from
  those sources in the current fiscal year plus sixteenth section principal
  funds that may be expended under law, cash reserves or fund balances at
  the fiscal year end, as determined by the department. The State Board of
  Education shall set the maximum amount of any loan made under this
  section at an amount that will ensure the equitable distribution of the
  amounts available for loans to the eligible school districts.




                        Mississippi Department of Education, Office
5/20/2010                                                                67
                                of School Financial Services
                   House Bill 1349 (Cont.)
• A school district that receives a loan from the fund shall pledge for
  repayment of the loan any part of the homestead exemption annual tax
  loss reimbursement to which it may be entitled under Section 27-33-77, as
  may be required by the department. Each recipient of a loan shall
  establish a dedicated source of revenue for repayment of the loan. Before
  any school district shall receive a loan, it must execute with the
  department a loan agreement evidencing the loan, a copy of which must
  be filed by the department with the State Tax Commission. The loan
  agreement may not be construed to prohibit any recipient from prepaying
  any part or all of the funds received. The repayment schedule in each loan
  agreement shall provide for: (i) monthly payments; (ii) semiannual
  payments; or (iii) other periodic payments. The loan agreement shall
  provide for the repayment of all funds received from the fund within not
  more than ten (10) years. At the request of the department, the State Tax
  Commission shall withhold semiannually from the amount to be remitted
  to a school district the sum necessary to pay all or a portion of the
  periodic payments for the loan.




                         Mississippi Department of Education, Office
5/20/2010                                                                 68
                                 of School Financial Services
                     House Bill 1349 (Cont.)
• A school district that receives a loan from the state which is not eligible to
  pledge for repayment of the loan under paragraph (d) of this subsection
  shall repay the loan by making payments each month to the State
  Treasurer through the Department of Finance and Administration for and
  on behalf of the department according to Section 7-7-15, to be credited to
  the fund in lieu of pledging homestead exemption annual tax loss
  reimbursement.
• Loan repayments shall be according to a repayment schedule contained in
  each loan agreement as required under paragraph (d) of this subsection.
• Evidences of indebtedness that are issued under this act may not be
  deemed indebtedness within the meaning specified in Section 37-59-5.




                          Mississippi Department of Education, Office
5/20/2010                                                                     69
                                  of School Financial Services
                    House Bill 1349 (Cont.)
• The State Auditor, upon the request of the Department, shall audit the
  receipts and expenditures of a school district if loan repayments appear to
  be in arrears. If the Auditor finds that the school district is in arrears in
  the repayments, the Auditor immediately shall notify the State
  Superintendent of Public Education, who may take any action necessary to
  enforce the terms of the loan agreement. The superintendent, in his
  discretion, may notify the State Tax Commission to withhold all future
  payments to the school district of homestead exemption annual tax loss
  reimbursements under Section 27-33-77 until such time that the school
  district is again current in its loan repayments, as certified by the
  department.
• All monies deposited in the fund may be used only for providing the loans
  authorized under this section. In addition, any amounts in the fund may
  be used to defray the reasonable costs of administering the fund. The
  department is authorized to use amounts available to it from the fund to
  contract for those facilities and staff needed to administer and provide
  routine management for the funds and loan program.



                          Mississippi Department of Education, Office
5/20/2010                                                                    70
                                  of School Financial Services
                    House Bill 1349 (Cont.)
• In administering this section, the State Department of Education shall
  have the following powers and duties:
   – To supervise the use of all funds made available under this section;
   – To promulgate rules and regulations and to establish procedures in
      accordance with this section for the implementation of the loan
      program;
   – To requisition monies in the fund and distribute those monies in
      accordance with this section;
   – To maintain, in accordance with generally accepted government
      accounting standards, an accurate record of all monies in the fund
      made available to school districts under this section; and
   – To file annually with the Legislature a report detailing how monies in
      the fund were spent during the preceding fiscal year in each school
      district.


                         Mississippi Department of Education, Office
5/20/2010                                                                     71
                                 of School Financial Services
                    House Bill 1349 (Cont.)
• The State Bond Commission, at one time or from time to time, may
  declare the necessity for general funds for the purposes provided in this
  section, including the costs incident to the administration of the loan
  program. Upon approval by the State Bond Commission, the Department
  of Finance and Administration may transfer the necessary amount from
  the General Fund to the fund in ample time to discharge such loans and
  incidental costs.
• The Department of Finance and Administration, without further process of
  law, may certify the necessity for warrants and issue those warrants in
  such amounts as may be necessary to make loans under the program
  authorized by this section.
• After any state funds in the fund are no longer needed for the particular
  purpose for which they were appropriated, deposited or transferred into
  the fund, the Department of Finance and Administration shall transfer
  those state funds back to the particular fund or funds in the State Treasury
  from which they were appropriated or transferred into the fund, upon
  certification of the State Superintendent of Public Education that the state
  funds currently are not needed.
• This act shall take effect and be in force from and after its passage.

                         Mississippi Department of Education, Office
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                                 of School Financial Services
                              Senate Bill 2015
                Prohibits bullying or harassing behavior in the public schools.
                                 04/13 Approved by Governor

•   AN ACT TO PROHIBIT BULLYING OR HARASSING BEHAVIOR IN THE PUBLIC
    SCHOOLS; TO DEFINE BULLYING OR HARASSING BEHAVIOR; TO DEFINE
    HOSTILE ENVIRONMENT AND TO REQUIRE ALL LOCAL SCHOOL DISTRICTS TO
    ADOPT A POLICY PROHIBITING BULLYING AND HARASSING BEHAVIOR AS
    REQUIRED BY THIS ACT.
•   SECTION 1. (1) As used in this act, "bullying or harassing behavior" is any
    pattern of gestures or written, electronic or verbal communications, or any
    physical act or any threatening communication, or any act reasonably
    perceived as being motivated by any actual or perceived differentiating
    characteristic, that takes place on school property, at any school-sponsored
    function, or on a school bus, and that:
•         (a) Places a student or school employee in actual and reasonable fear of
    harm to his or her person or damage to his or her property; or
•         (b) Creates or is certain to create a hostile environment by substantially
    interfering with or impairing a student's educational performance,
    opportunities or benefits. For purposes of this section, "hostile environment"
    means that the victim subjectively views the conduct as bullying or harassing
    behavior and the conduct is objectively severe or pervasive enough that a
    reasonable person would agree that it is bullying or harassing behavior.

                              Mississippi Department of Education, Office
5/20/2010                                                                          73
                                      of School Financial Services
                   Senate Bill 2015 (Cont.)
• (2) No student or school employee shall be subjected to bullying or
  harassing behavior by school employees or students.
• (3) No person shall engage in any act of reprisal or retaliation against a
  victim, witness or a person with reliable information about an act of
  bullying or harassing behavior.
• (4) A school employee who has witnessed or has reliable information that
  a student or school employee has been subject to any act of bullying or
  harassing behavior shall report the incident to the appropriate school
  official.
• (5) A student or volunteer who has witnessed or has reliable information
  that a student or school employee has been subject to any act of bullying
  or harassing behavior should report the incident to the appropriate school
  official.



                         Mississippi Department of Education, Office
5/20/2010                                                                  74
                                 of School Financial Services
                   Senate Bill 2015 (Cont.)

•  SECTION 2. Before December 31, 2010, each local school district shall
  include in its personnel policies, discipline policies and code of student
  conduct a prohibition against bullying or harassing behavior and adopt
  procedures for reporting, investigating and addressing such behavior. The
  policies must recognize the fundamental right of every student to take
  reasonable actions as may be necessary to defend himself or herself from
  an attack by another student who has evidenced menacing or threatening
  behavior through bullying or harassing.
• This act shall take effect and be in force from and after July 1, 2010.




                         Mississippi Department of Education, Office
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                                 of School Financial Services
                          Senate Bill 2293
                                 Charter Schools
                           04/27 Approved by Governor
• Provides authorization for new open-enrollment public charter schools
  and for conversion charter schools under which existing public schools
  meeting certain criteria may convert to charter school status. The bill
  requires that open-enrollment public charter schools be organized as
  nonprofit tax exempt organizations and allows petitions be made to either
  local school boards or the State Board of Education. The bill includes
  criteria for academic achievements at the public charter schools and
  provides preference for the establishment of public charter schools. The
  bill allows certain state funds to be distributed to the newly established
  public charter schools on a per-pupil expenditure basis. The bill allows
  public charter schools to use a weighted lottery system to fill enrollment
  seats. The bill provides for the governance of public charter schools and
  that the teachers are the employees of the public charter schools. The bill
  requires the State Board of Education to issue regulations and provide for
  reporting, the transportation of students attending public charter schools.
  The bill provides for the probation and revocation of public charter schools
  by the State Superintendent of Education.

• Effective Date: July 1, 2010
                         Mississippi Department of Education, Office
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                                 of School Financial Services
                                Senate Bill 2389
   Provides for high school career option programs and career track curricula for students not
                            wishing to pursue a baccalaureate degree.
                                  03/17 Approved by Governor

• AN ACT TO CREATE NEW SECTION 37-16-17, MISSISSIPPI CODE OF 1972,
  TO PROVIDE FOR HIGH SCHOOL CAREER OPTION PROGRAMS AND CAREER
  TRACK CURRICULA FOR STUDENTS NOT WISHING TO PURSUE A
  BACCALAUREATE DEGREE; TO AUTHORIZE DUAL ENROLLMENT AND DUAL
  CREDIT FOR STUDENTS PURSUING A CAREER TRACK; TO PROVIDE CERTAIN
  CONDITIONS FOR STUDENTS TO ENROLL IN CAREER TRACK PROGRAMS;
  TO AMEND SECTION 37-15-38, MISSISSIPPI CODE OF 1972, IN
  CONFORMITY TO THE PROVISIONS OF THIS ACT, TO REQUIRE SCHOOL
  DISTRICTS TO ESTABLISH DUAL ENROLLMENT PROGRAMS, AND TO
  PROVIDE CERTAIN STANDARDS FOR DUAL ENROLLMENT-DUAL CREDIT
  PROGRAMS.
• Please see text of bill for information



                                Mississippi Department of Education, Office
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                                        of School Financial Services
                                     Senate Bill 2393
     Clarifies the policy for the possession and self-administration of prescription asthma and/or
    anaphylaxis medication by public and nonpublic school students while on school property or at
                                             school activities.
                                       04/14 Approved by Governor
•     AN ACT TO AMEND SECTION 41-79-31, MISSISSIPPI CODE OF 1972, TO CLARIFY THE
      POLICY FOR THE POSSESSION AND SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA
      AND/OR ANAPHYLAXIS MEDICATION BY PUBLIC AND NONPUBLIC SCHOOL STUDENTS
      WHILE ON SCHOOL PROPERTY OR AT SCHOOL ACTIVITIES; TO REQUIRE THE STATE
      DEPARTMENT OF EDUCATION TO REQUIRE ALL SCHOOL DISTRICTS TO TAKE CERTAIN
      ACTIONS RELATING TO CHILDREN WITH ASTHMA.
•     SECTION 1. Section 41-79-31, Mississippi Code of 1972, is amended as follows:
•     41-79-31. (1) The school board of each local public school district and the governing
      body of each private and parochial school or school district shall permit the self-
      administration of asthma and anaphylaxis medication pursuant to the requirements of
      this section.
•     Deletes the language “by a student if the student's parent or guardian:”
•     Adds all new language as follows:
•     (2) As used in this section:
        – (a) "Parent" means parent or legal guardian.
        – (b) "Asthma and anaphylaxis medication" means inhaled bronchodilator and auto-
          injectable epinephrine.
        – (c) "Self-administration of prescription asthma and/or anaphylaxis medication" means a
          student's discretionary use of prescription asthma and/or anaphylaxis medication.
                                  Mississippi Department of Education, Office
5/20/2010                                                                                        78
                                          of School Financial Services
                           Senate Bill 2393 (Cont.)
• (3) A student with asthma and/or anaphylaxis is entitled to possess and
  self-administer prescription asthma and/or anaphylaxis medication while
  on school property, on school provided transportation, or at a school-
  related event or activity if:
      – (a) The prescription asthma and/or anaphylaxis medication has been prescribed for that
        student as indicated by the prescription label on the medication;
      – (b) The self-administration is done in compliance with the prescription or written
        instructions from the student's physician or other licensed health care provider; and
      – (c) A parent of the student provides to the school:
            • (i) Written authorization, signed by the parent, for the student to self-administer prescription
              asthma and/or anaphylaxis medication while on school property or at a school-related event or
              activity;
            • (ii) A written statement, signed by the parent, in which the parent releases the school district
              and its employees and agents from liability for an injury arising from the student's self-
              administration of prescription asthma and/or anaphylaxis medication while on school property
              or at a school-related event or activity unless in cases of wanton or willful misconduct;
            • (iii) A written statement from the student's physician or other licensed health care provider,
              signed by the physician or provider, that states:
                   – 1. That the student has asthma and/or anaphylaxis and is capable of self-administering
                      the prescription asthma and/or anaphylaxis medication;
                   – 2. The name and purpose of the medication;
                   – 3. The prescribed dosage for the medication;
                   – 4. The times at which or circumstances under which the medication may be
                      administered; and
                   – 5. The period for which the medication is prescribed.

                                    Mississippi Department of Education, Office
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                                            of School Financial Services
                    Senate Bill 2393 (Cont.)


• (4) The physician's statement must be kept on file in the office of the
  school nurse of the school the student attends or, if there is not a school
  nurse, in the office of the principal of the school the student attends.
• (5) If a student uses his/her medication in a manner other than
  prescribed, he/she may be subject to disciplinary action under the school
  codes. The disciplinary action shall not limit or restrict the student's
  immediate access to the medication.




                          Mississippi Department of Education, Office
5/20/2010                                                                       80
                                  of School Financial Services
                        Senate Bill 2393 (Cont.)
•   SECTION 2. (1) The State Department of Education shall require each public school district
    to take the following actions relating to the management of asthma in the school setting:
•   (a) Recommend that each child with asthma have a current asthma action plan (AAP) on file
    at the child's school for the 2010-2011 school year, and require that each child with asthma
    have a current AAP on file at the child's school for the 2011-2012 school year and each school
    year thereafter, for use by the school nurse, teachers and staff. Parents and guardians of a
    child with asthma are to have the child's AAP developed and signed by the child's health care
    provider. The AAP should include the child's asthma severity classification, current asthma
    medication and emergency contact information. The AAP must be updated annually.
•   (b) Adopt an emergency protocol that includes instructions for all school staff to follow in
    case of a major medical emergency for asthma and all other life-threatening diseases.
•   (c) Fully implement Section 41-79-31, which authorizes the self-administration of asthma
    medication at school by students.
•   (d) Provide comprehensive, in-service training on asthma for teachers, assistant teachers,
    school nurses, administrators, and operations, maintenance and support staff. The training
    should include instruction on the use of AAPs, the requirements of Section 41-79-31,
    emergency protocols for asthma and policies in effect in that school relating to asthma.
•   (e) Require school nurses to attend certified asthma educators training. The cost of the
    training required for school nurses shall be paid by the American Lung Association.


                                Mississippi Department of Education, Office
5/20/2010                                                                                       81
                                        of School Financial Services
                           Senate Bill 2393 (Cont.)
•   (f) Require local school health councils to conduct a school health needs assessment that addresses and
    supports the implementation of the following: healthy school environment, physical activity, staff
    wellness, counseling/psychological services, nutrition services, family/community involvement, health
    education and health services. The results of the assessment must be used in the development of long-
    range maintenance plans that include specific indoor air quality components for each school building. The
    long-range maintenance plans must be included in the local school wellness policy. The long-range plans
    must be completed before January 1, 2012.
•   (g) Require local school health councils to adopt and support the implementation of a local school
    wellness policy that includes minimizing children's exposure to dust, gases, fumes and other pollutants
    that can aggravate asthma in the school setting. The policy must require the air quality and ventilation
    systems of schools to be assessed annually, which assessment may be accomplished with the
    Environmental Protection Agency's Tools for Schools Indoor Air Quality Checklist. The policy also must
    prohibit the use of hazardous substances such as, but not limited to, chemical cleaning products and
    pesticides in and around school buildings during the hours that children are present at school. The policy
    must require all school construction projects to implement containment procedures not later than July 1,
    2012, for dusts, gases, fumes and other pollutants that trigger asthma.
•   (h) Implement an integrated pest management program that includes procedural guidelines for pesticide
    application, education of building occupants and inspection and monitoring of pesticide applications. The
    integrated pest management program may limit the frequency, duration and volume of pesticide
    application on school grounds.
•   (i) Require school bus operators to minimize the idling of school bus engines to prevent exposure of
    children and adults to diesel exhaust fumes.
•   (j) Require coaches and physical education teachers to participate in the American Lung Association
    Coaches Care/Asthma 101 training by the 2011-2012 school year, subject to funding by the school district.
•   This section shall stand repealed on July 1, 2014.
•   This act shall take effect and be in force from and after July 1, 2010.
                                    Mississippi Department of Education, Office
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                                            of School Financial Services
                               Senate Bill 2520
    Clarifies requirement of making appropriate accommodations for testing instruments and
                             procedures for students with disabilities.
                                  03/17 Approved by Governor

• SECTION 1. Section 37-16-9, Mississippi Code of 1972, is amended
  as follows:
• 37-16-9. (1) The state board shall, after a public hearing and
  consideration, make provision for appropriate accommodations for
  testing instruments and procedures for students with identified
  handicaps or disabilities in order to ensure that the results of the
  testing represent the student's achievement, rather than reflecting
  the student's impaired sensory, manual, speaking or psychological
  process skills, except when such skills are the factors the test
  purports to measure.
• This act shall take effect and be in force from and after July 1, 2010.




                               Mississippi Department of Education, Office
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                                       of School Financial Services
                                Senate Bill 2644
    Prohibits smoking or the use of chewing tobacco or other tobacco products in any indoor or
                               outdoor public facility in Mississippi
                                   04/27 Approved by Governor
•   AN ACT TO PROHIBIT SMOKING IN ANY INDOOR PUBLIC FACILITY AND WITHIN
    100 FEET OF ANY OUTDOOR PUBLIC FACILITY DURING ANY TIME THAT
    PERSONS UNDER 18 YEARS OF AGE ARE ENGAGED IN AN ORGANIZED
    ATHLETIC EVENT AT THE FACILITY; TO PROVIDE THAT THE PERSON, AGENCY OR
    ENTITY HAVING JURISDICTION OR SUPERVISION OVER A PUBLIC FACILITY
    SHALL NOT ALLOW SMOKING AT THE FACILITY IN VIOLATION OF THIS ACT,
    SHALL USE REASONABLE EFFORTS TO PREVENT SMOKING AT THE FACILITY,
    AND SHALL DESIGNATE A SEPARATE AREA TO WHICH SMOKING SHALL BE
    RESTRICTED; TO PROVIDE FOR CIVIL FINES FOR VIOLATIONS OF THIS ACT
•   SECTION 1.
•   (1) As used in this section:
•          (a) The term "public facility" means any building, gymnasium, athletic
    field, recreational area or park to which the public is invited, whether there is
    charge for admission or not.
•          (b) The term "smoke" or "smoking" means inhaling, exhaling, burning,
    carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other
    object or device of any form that contains lighted tobacco or any other
    smoking product.
                                Mississippi Department of Education, Office
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                                        of School Financial Services
                     Senate Bill 2644 (Cont.)
• (2) During any time that persons under eighteen (18) years of age are
  engaged in an organized athletic event at a public facility in Mississippi, no
  participant in or spectator of the athletic event shall smoke in the facility,
  if the facility is enclosed, or within one hundred (100) feet of the facility, if
  the facility is not enclosed, except as permitted under subsection (3)(c) of
  this section.
• (3) The person, agency or entity having jurisdiction or supervision over a
  public facility shall not allow smoking at the facility in violation of this
  section, and shall use reasonable efforts to prevent smoking at the
  facility. The person, agency or entity may take the following steps:
    – (a) Posting appropriate signs informing persons that smoking is
       prohibited at the public facility.
    – (b) Securing the removal of persons who smoke at the public facility in
       violation of this section.
    – (c) Providing a designated area separate from the fields of activity, to
       which smoking shall be restricted.

                           Mississippi Department of Education, Office
5/20/2010                                                                        85
                                   of School Financial Services
                   Senate Bill 2644 (Cont.)
• (4) Any person who violates this section shall, upon conviction, be subject
  to a civil fine and shall be liable as follows:
   – (a) For a first conviction, a warning;
   – (b) For a second conviction, a fine of Seventy-five Dollars ($75.00);
       and
   – (c) For all later convictions, a fine not to exceed One Hundred Fifty
       Dollars ($150.00).
• Anyone convicted under this section shall be recorded as being guilty of a
  civil penalty and not for violating a criminal statute. Any such violation
  shall be triable in any justice court or municipal court with proper
  jurisdiction
• (5) It is the responsibility of all law enforcement officers and law
  enforcement agencies of this state to ensure that the provisions of this
  section are enforced.
• (6) If the actions of a person violate both this section and Section 97-32-
  29, the person shall be liable only under this section or Section 97-32-29,
  but not under both sections.
• This act shall take effect and be in force from and after July 1, 2010.
                         Mississippi Department of Education, Office
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                                 of School Financial Services
                                  Senate Bill 2989
     Authorizes and empowers a local school board to convey school buildings not used for school
    purposes to a nonprofit entity that has made substantial improvements to the property without
                           the necessity of advertising for competitive bids.
                                      04/27 Approved by Governor
•      (3) As an alternative to the procedures established under subsection (1) or (2) of this
       section, the county board of education of a county having a population in excess of ten
       thousand (10,000) according to the 2000 decennial census and in which U.S. Highway
       45 intersects with Mississippi Highway 16, may elect, in its discretion, to transfer and
       sell the buildings of the school district and the real property upon which the buildings
       are located which are not used as school facilities or for school-related purposes and
       not needed in the operation of the schools, after advertising for and receiving
       competitive bids for the sale of such property. If any bid is offered by a nonprofit
       501(c)(3) entity which has made substantial improvements to the buildings, the fair
       market value of the improvements shall be deemed to be consideration for, a part of,
       the bid offered by the entity. In this case, the school board shall enter a finding on its
       minutes that the nonprofit entity has made substantial improvements to the property
       and the property is no longer needed for school district purposes.
•      (4) When the sale of such property is authorized and approved by the school board,
       the president of the school board shall be authorized and empowered to execute a
       conveyance of the property upon the terms and for the consideration fixed by the
       board. The school board shall reserve unto the district * * * all oil, gas and minerals in,
       on or under the land, and all proceeds derived from royalties upon the reserved mineral
       interests shall be used as provided by Section 37-7-457 * * *.
                                  Mississippi Department of Education, Office
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                                          of School Financial Services
                                Senate Bill 3072
        Prescribes the membership of the Council on Education Technology and revises the
                                responsibilities of the Council.
                                 04/27 Approved by Governor

• 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 Chief Information Officer in the Department of Education;
            • (ii) The State Superintendent of Public 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 State Board for Community and
              Junior Colleges; and
            • (vii) The Commissioner of Higher Education.

                                Mississippi Department of Education, Office
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                                        of School Financial Services
                   Senate Bill 3072 (Cont.)
• (b)  The following eight (8) members to be appointed * * * 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.
   – Members shall be appointed for four-year terms and may be
       reappointed for one (1) additional four-year term.
• All appointed members of the council shall have a demonstrated
  knowledge in the use, applications and specifications of education
  technology.
• (c) Members appointed to the council before August 1, 2004, shall be
  subject to reappointment or replacement by the appointing entity.

                         Mississippi Department of Education, Office
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                                 of School Financial Services
                            Senate Bill 3072 (Cont.)
•   (4) * * * The council shall annually elect a chairperson and no member shall serve
    more than two (2) consecutive years as chairperson. The council may also elect
    from among the members any * * * officers it deems necessary, and shall define
    the duties of the officers.
•   (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) Provide vision and direction for the use of education technology in Mississippi;
      –      (b) Serve as an advisory group to the chairs of the Appropriations Committees in the
            Mississippi House of Representatives and the Mississippi Senate on issues related to education
            technology;
      –      (c) Serve as an information resource to the Mississippi Legislature on issues related to
            education technology;
      –      (d) Review technology plans (current and future activities) and appropriations requests of
            state-funded entities;
      –      (e) Serve as a forum for discussion of education technology uses, issues and innovations;
      –      (f) Encourage an environment receptive to technological progress in education throughout
            the state;
      –      (g) Submit an annual report to the Mississippi Legislature.
•    SECTION 2. This act shall take effect and be in force from and after its passage.

                                    Mississippi Department of Education, Office
5/20/2010                                                                                               90
                                            of School Financial Services
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                Mississippi Department of Education, Office
5/20/2010                                                     91
                        of School Financial Services

				
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