Struck = removed from the bill ยท
added = the amendment's new text.
MISSISSIPPIAdopted LEGISLATURESUBSTITUTE REGULARNO SESSION1 2023FOR By:COMMITTEE AMENDMENT NO 1 PROPOSED TO House Bill No.
Representatives1369 McCarty,BY: Owen, Felsher, To:
EducationSenator(s) Yates,DeBar Miles,Amend Bennett,by McGee,striking McLean,all Summers,after Karriem,the Andersonenacting (110th),clause Stamps,and Mickens,inserting Anthony,in Hulumlieu HOUSEthereof BILLthe NO.following:
1369 AN ACT TO AMEND SECTION 37-151-5, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "AVERAGE DAILY MEMBERSHIP (ADM)" FOR PURPOSES OF THE MISSISSIPPI ADEQUATE EDUCATION PROGRAM;
TO AMEND SECTION 37-151-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DETERMINATION OF THE BASIC ADEQUATE EDUCATION PROGRAM COST FOR EACH SCHOOL DISTRICT BASED ON STUDENT AVERAGE DAILY MEMBERSHIP WITH CERTAIN EXCEPTIONS;
TO PROVIDE FOR STUDENT COUNTS BY THE STATE AUDITOR;
TO REVISE THE DEFINITION OF THE TERMS "MINIMUM SCHOOL TERM" AND "AVERAGE DAILY ATTENDANCE" AS SUCH TERMS ARE USED FOR DETERMINING ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE ADEQUATE EDUCATION PROGRAM;
TO AMEND SECTIONS 37-151-85, 37-151-97 AND 37-151-103, MISSISSIPPI CODE OF 1972, IN CONFORMITY;
TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO REMOVE THE ATTENDANCE REQUIREMENT THAT A COMPULSORY-SCHOOL-AGE CHILD WHO IS ABSENT MORE THAN 37% OF THE INSTRUCTIONAL DAY MUST BE CONSIDERED ABSENT FOR THE ENTIRE DAY;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
Section 37-151-5, Mississippi Code of 1972, is amended as follows:
37-151-5.
As used in Sections 37-151-5 and 37-151-7:
(a) "Adequate program" or "adequate education program" or "Mississippi Adequate Education Program (MAEP)" shall mean the program to establish adequate current operation funding levels necessary for the programs of such school district to meet at least a successful Level III rating of the accreditation system as H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ G1/2 23/HR26/R1472 PAGE 1 (DJ\KW) established by the State Board of Education using current statistically relevant state assessment data.
(b) "Educational programs or elements of programs not included in the adequate education program calculations, but which may be included in appropriations and transfers to school districts" shall mean:
(i) "Capital outlay" shall mean those funds used for the constructing, improving, equipping, renovating or major repairing of school buildings or other school facilities, or the cost of acquisition of land whereon to construct or establish such school facilities.
(ii) "Pilot programs" shall mean programs of a pilot or experimental nature usually designed for special purposes and for a specified period of time other than those included in the adequate education program.
(iii) "Adult education" shall mean public education dealing primarily with students above eighteen (18) years of age not enrolled as full-time public school students and not classified as students of technical schools, colleges or universities of the state.
(iv) "Food service programs" shall mean those programs dealing directly with the nutritional welfare of the student, such as the school lunch and school breakfast programs.
(c) "Base student" shall mean that student classification that represents the most economically educated H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 2(DJ\KW) pupil in a school system meeting the definition of successful, as determined by the State Board of Education.
(d) "Base student cost" shall mean the funding level necessary for providing an adequate education program for one (1) base student, subject to any minimum amounts prescribed in Section 37-151-7(1).
(e) "Add-on program costs" shall mean those items which are included in the adequate education program appropriations and are outside of the program calculations:
(i) "Transportation" shall mean transportation to and from public schools for the students of Mississippi's public schools provided for under law and funded from state funds.
(ii) "Vocational or technical education program" shall mean a secondary vocational or technical program approved by the State Department of Education and provided for from state funds.
(iii) "Special education program" shall mean a program for exceptional children as defined and authorized by Sections 37-23-1 through 37-23-9, and approved by the State Department of Education and provided from state funds.
(iv) "Gifted education program" shall mean those programs for the instruction of intellectually or academically gifted children as defined and provided for in Section 37-23-175 et seq.
H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 3(DJ\KW) (v) "Alternative school program" shall mean those programs for certain compulsory-school-age students as defined and provided for in Sections 37-13-92 and 37-19-22.
(vi) "Extended school year programs" shall mean those programs authorized by law which extend beyond the normal school year.
(vii) "University-based programs" shall mean those university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq.
(viii) "Bus driver training" programs shall mean those driver training programs as provided for in Section 37-41-1.
(f) "Teacher" shall include any employee of a local school who is required by law to obtain a teacher's license from the State Board of Education and who is assigned to an instructional area of work as defined by the State Department of Education.
(g) "Principal" shall mean the head of an attendance center or division thereof.
(h) "Superintendent" shall mean the head of a school district.
(i) "School district" shall mean any type of school district in the State of Mississippi, and shall include agricultural high schools.
(j) "Minimum school term" shall mean a term of at least one hundred eighty (180) days of school in which both teachers and H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 4(DJ\KW) pupils are in regular attendance for scheduled classroom instruction for not less than * * * sixty percent (60%) of the * * * normal day * * *.
It is the intent of the Legislature that any tax levies generated to produce additional local funds required by any school district to operate school terms in excess of one hundred seventy-five (175) days shall not be construed to constitute a new program for the purposes of exemption from the limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs mandated by the Legislature.
(k) The term "transportation density" shall mean the number of transported children in average daily attendance per square mile of area served in a school district, as determined by the State Department of Education.
(l) The term "transported children" shall mean children being transported to school who live within legal limits for transportation and who are otherwise qualified for being transported to school at public expense as fixed by Mississippi state law.
(m) The term "year of teaching experience" shall mean nine (9) months of actual teaching in the public or private elementary and secondary schools and shall also include nine (9) months of actual teaching at postsecondary institutions accredited by the Southern Association of Colleges and Schools (SACS) or equivalent regional accrediting body for degree-granting postsecondary institutions.
In no case shall more than one (1) H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 5(DJ\KW) year of teaching experience be given for all services in one (1) calendar or school year.
In determining a teacher's experience, no deduction shall be made because of the temporary absence of the teacher because of illness or other good cause, and the teacher shall be given credit therefor.
Beginning with the 2003-2004 school year, the State Board of Education shall fix a number of days, not to exceed forty-five (45) consecutive school days, during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term.
If a teacher exceeds the number of days established by the State Board of Education that a teacher may not be under contract but may still be employed, that teacher shall not be credited with a year of teaching experience.
In determining the experience of school librarians, each complete year of continuous, full-time employment as a professional librarian in a public library in this or some other state shall be considered a year of teaching experience.
If a full-time school administrator returns to actual teaching in the public schools, the term "year of teaching experience" shall include the period of time he or she served as a school administrator.
In determining the salaries of teachers who have experience in any branch of the military, the term "year of teaching experience" shall include each complete year of actual classroom instruction while serving in the military.
In determining the experience of speech-language pathologists and H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 6(DJ\KW) audiologists, each complete year of continuous full-time post master's degree employment in an educational setting in this or some other state shall be considered a year of teaching experience.
Provided, however, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees employed after July 1, 2009, who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided in Section 37-19-7 shall not be applicable to any such retired certificated employee.
(n) (i) The term "average daily attendance" shall be the figure which results when the total aggregate full-day attendance during the period or months counted is divided by the number of days during the period or months counted upon which both teachers and pupils are in regular attendance for scheduled classroom instruction, * * * less the average daily attendance for self-contained special education classes.
* * * Prior to full implementation of the adequate education program the department shall deduct the average daily attendance for the alternative school program provided for in Section 37-19-22.
(ii) [Repealed] (o) The term "local supplement" shall mean the amount paid to an individual teacher over and above the adequate education program salary schedule for regular teaching duties.
H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 7(DJ\KW) (p) The term "aggregate amount of support from ad valorem taxation" shall mean the amounts produced by the district's total tax levies for operations.
(q) The term "adequate education program funds" shall mean all funds, both state and local, constituting the requirements for meeting the cost of the adequate program as provided for in Section 37-151-7.
(r) "Department" shall mean the State Department of Education.
(s) "Commission" shall mean the Mississippi Commission on School Accreditation created under Section 37-17-3.
(t) The term "successful school district" shall mean a Level III school district as designated by the State Board of Education using current statistically relevant state assessment data.
(u) "Dual enrollment-dual credit programs" shall mean programs for potential or recent high school student dropouts to dually enroll in their home high school and a local community college in a dual credit program consisting of high school completion coursework and a credential, certificate or degree program at the community college, as provided in Section 37-15-38(19).
(v) "Charter school" means a public school that is established and operating under the terms of a charter contract H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 8(DJ\KW) between the school's governing board and the Mississippi Charter School Authorizer Board.
(w) The term "average daily membership" or "ADM" shall be the figure which results when the total aggregate student enrollment during the period or months counted is divided by the number of days during the period or months counted upon which both teachers and pupils are in regular attendance for scheduled classroom instruction.
However, if a local school board adopts a class schedule that operates throughout the year for all or any schools in the district, average daily membership shall be computed by the State Department of Education so that the resulting average daily membership will not be higher or lower than if the local school board had not adopted such schedule.
SECTION 2.
23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 1 (a) Determination of average daily *attendance. * * membership.
Effective with fiscal year *2011, * * 2024, the State Department of Education shall determine the percentage change from the prior H.year of each year of each school district's average of months two (2) and three (3) average daily attendance (ADA) for the three (3) immediately preceding school years of the year for which funds are being appropriated.
B.For any school district that experiences a positive growth in the average of months two (2) and three (3) ADA each year of the three (3) years, the average percentage growth over the three-year period shall be multiplied times the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated.
No.The resulting amount shall be added to the school district's average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated to arrive at the ADA to be used in determining a school district's MAEP allocation.
1369Otherwise, *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 9(DJ\KW) year of each year of each school district's average of months two (2) and three (3) averageADA daily * * * membership (ADM) for the threeyear (3) immediately preceding school years of the year for which MAEP funds are being appropriated.appropriated will be used in determining a school district's MAEP allocation.
ForIn any schoolfiscal districtyear thatprior experiencesto a2010 positive growth in which the averageMAEP offormula monthsis twonot (2)fully andfunded, threefor (3)those *districts *that *do averagenot dailydemonstrate membershipa (ADM)three-year eachpositive yeargrowth ofin themonths two (2) and three (3) years,ADA, themonths averageone percentage(1) growththrough overnine the(9) three-yearADA periodof shallthe besecond multipliedpreceding timesyear thefor schoolwhich district'sfunds averageare ofbeing appropriated or months two (2) and three (3) *ADA *of *the average23/SS26/HB1369A.2J daily*SS26/HB1369A.2J* membershipPAGE (ADM)2 for the year immediately preceding the year for which MAEP funds are being appropriated.appropriated, whichever is greater, shall be used to calculate the district's MAEP allocation.
The resulting amount shall be added to the school district's average of months two (2) and three (3) * * * average daily membershipattendance (ADM)shall forbe thecomputed yearand immediatelycurrently precedingmaintained thein yearaccordance forwith whichregulations MAEPpromulgated fundsby are being appropriated to arrive at the *State *Board *of averageEducation. daily membership (ADM) to be used in determining a school district's MAEP allocation.
Otherwise,The monthsdistrict's two (2) and three (3) * * * average daily membershipattendance (ADM)shall forinclude theany yearstudent immediatelyenrolled precedingin thea yearDual forEnrollment-Dual whichCredit MAEPProgram fundsas aredefined beingand appropriatedprovided will be used in determiningSection a37-15-38(19). school district's MAEP allocation.
*The *State *Department Theof district'sEducation averageshall dailymake attendancepayments orfor averageDual dailyEnrollment-Dual membershipCredit (ADM)Programs shallto includethe anyhome studentschool enrolled in awhich Dualthe Enrollment-Dualstudent Creditis Programenrolled, asin definedaccordance andwith providedregulations inpromulgated Sectionby 37-15-38(19).the State Board of Education.
The Statecommunity Departmentcollege ofproviding Educationservices shallto makestudents paymentsin fora Dual Enrollment-Dual Credit ProgramsProgram toshall require payment from the home school indistrict whichfor theservices H.provided to such students at a rate of one hundred percent (100%) of ADA.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 10(DJ\KW) student is enrolled, in accordance with regulations promulgated by the State Board of Education.
The community college providing services to students in a Dual Enrollment-Dual Credit Program shall require payment from the home school district for services provided to such students at a rate of one hundred percent (100%) of * * * base student cost.
The State Auditor shall make one (1) actual count of students in month two (2) and one (1) actual count of students in month three (3) of the school year.
The State Auditor shall not be required to count students in all local school districts during this time period, but shall make a concerted effort to count students in as many local districts as practical.
No advance notice shall be given to a school when a count is scheduled to be conducted, however a count may be postponed due to extraordinary circumstances such as a natural disaster or fire.
If the State Auditor finds that the average of the two (2) counts made under the provisions of this chapter shows that the number of students enrolled and in actual attendance in any school is as much below the number reported to the State Department of Education for month two (2) and for month three (3) for the applicable scholastic year, then the State Auditor shall certify the same to the State Department of Education no later than December 11 of the scholastic year during which the counts were made.
The State Department of Education shall thereupon reduce the amount of state H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 11(DJ\KW) funds allotted to the school district for the Mississippi Adequate Education Program (MAEP) for the ensuing scholastic year as follows:
For each school district whose reported average daily attendance is in excess of one hundred three percent (103%) of the average number of students actually counted by the examiners, the State Department of Education shall use one hundred three percent (103%) of the average count by the examiners as the average daily attendance for this school district in allotting MAEP funds for the next school session if funding for that school district is based on average daily attendance (ADA) and not average daily membership (ADM).
(iii) operation and maintenance of 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 3 plant;
H.For the instructional cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of a number of teachers per one thousand (1,000) students that is between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average of teachers per one thousand (1,000) students.
B.The instructional cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA into the instructional expenditures of these selected districts.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 12(DJ\KW) For the instructional cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of a number of teachers per one thousand (1,000) students that is between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average of teachers per one thousand (1,000) students.
The instructional cost component shall be calculated by dividing the latest available months one (1) through nine (9) * * * ADM into the instructional expenditures of these selected districts.
Prior to the calculation of the instructional cost component, there shall be subtracted from the above expenditures any revenue 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 4 received for Chickasaw Cession payments, Master Teacher Certification payments and the district's portion of state revenue received from the MAEP at-risk allocation.
H.For the administrative cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of an administrative staff to nonadministrative staff between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average administrative staff to nonadministrative staff.
B.The administrative cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA of the selected districts into the administrative expenditures of these selected districts.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 13(DJ\KW) For the administrative cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of an administrative staff to nonadministrative staff between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average administrative staff to nonadministrative staff.
The administrative cost component shall be calculated by dividing the latest available months one (1) through nine (9) * * * ADM of the selected districts into the administrative expenditures of these selected districts.
For the plant and maintenance cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of plant and maintenance expenditures per one hundred thousand (100,000) square feet of building space and a ratio of maintenance workers per one hundred thousand (100,000) square feet of building space that are 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 5 both between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average.
The plant and maintenance cost component shall be calculated by H.dividing the latest available months one (1) through nine (9) ADA of the selected districts into the plant and maintenance expenditures of these selected districts.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 14(DJ\KW) dividing the latest available months one (1) through nine (9) * * * ADM of the selected districts into the plant and maintenance expenditures of these selected districts.
The ancillary cost component shall be calculated by dividing the latest available months one (1) through nine (9) *ADA * * ADM into the ancillary expenditures instructional 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 6 expenditures of these selected districts.
H.Fund 1120 Functions 2110-2129, Objects 100-999;
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 15(DJ\KW) Fund 1120 Functions 2110-2129, Objects 100-999;
For each of the fiscal years between the recalculation of the base student cost under the provisions of this paragraph (b), the base student cost shall be increased by an amount equal to forty* * * twenty-five percent (40%)(25%) of the base student cost for the previous fiscal year, multiplied by the latest* * * twenty-year average annual rate of inflation rounded up to the nearest tenth of a percent for the State of Mississippi as determined by the State Economist, plus any adjustments for additional state requirements 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 7 such as, but not limited to, teacher pay raises and health insurance premium increases.
The basic amount for current operation to be H.included in the Mississippi Adequate Education Program for each school district shall be computed as follows:
B.Multiply the average daily attendance of the district by the base student cost as established by the Legislature, which yields the total base program cost for each school district.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 16(DJ\KW) included in the Mississippi Adequate Education Program for each school district shall be computed as follows:
Beginning with the 2024-2025 school year, multiply the average daily * * * membership of the district by the base student cost as established by the Legislature, which yields the total base program cost for each school district.
However, beginning with the 2024-2025 school year, the total base student cost for each school district shall be based on the ADM of the school district unless average daily attendance (ADA) is less than ninety percent (90%) threshold of the district's ADM.
In instances that a district's attendance falls below the ninety percent (90%) threshold of the ADM, the base student cost shall be funded based on ADA.
The amount to be allocated to school districts in addition to the adequate education program H.cost for add-on programs for each school district shall be computed as follows:
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 17(DJ\KW) cost for add-on programs for each school district shall be computed as follows:
23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 8 (ii) Vocational or technical education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
H.(viii) Bus driver training programs shall be the amount provided for those driver training programs as provided for in Section 37-41-1, Mississippi Code of 1972.
B.The sum of the items listed above (i) transportation, (ii) vocational or technical education, (iii) special education, (iv) gifted education, (v) alternative school, (vi) extended school 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 9 year, (vii) university-based, and (viii) bus driver training shall yield the add-on cost for each school district.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 18(DJ\KW) (viii) Bus driver training programs shall be the amount provided for those driver training programs as provided for in Section 37-41-1, Mississippi Code of 1972.
The sum of the items listed above (i) transportation, (ii) vocational or technical education, (iii) special education, (iv) gifted education, (v) alternative school, (vi) extended school year, (vii) university-based, and (viii) bus driver training shall yield the add-on cost for each school district.
H.(a) The State Department of Education shall certify to each school district that twenty-eight (28) mills, less the estimated amount of the yield of the School Ad Valorem Tax Reduction Fund grants as determined by the State Department of Education, is the millage rate required to provide the district required local effort for that year, or * * * twenty-nine and 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 10 one-half percent (29.5%) of the basic adequate education program cost for such school district as determined under paragraph (c), whichever is a lesser amount.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 19(DJ\KW) (a) The State Department of Education shall certify to each school district that twenty-eight (28) mills, less the estimated amount of the yield of the School Ad Valorem Tax Reduction Fund grants as determined by the State Department of Education, is the millage rate required to provide the district required local effort for that year, or twenty-seven percent (27%) of the basic adequate education program cost for such school district as determined under paragraph (c), whichever is a lesser amount.
using the adequate education program twenty-eight (28) mill value, or the twenty-seven* * * twenty-nine and one-half percent (27%)(29.5%) cap amount (whichever is less) for each school district in which a charter school is located, an average per pupil amount will be calculated.
(i) the total assessed valuation of nonexempt property for school H.purposes in each school district;
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 20(DJ\KW) purposes in each school district;
(iii) the school district's tax loss from exemptions provided to applicants under the age of sixty-five (65) and not 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 11 disabled as defined in Section 27-33-67(1), Mississippi Code of 1972;
(a) The required state effort in support of the adequate education program shall be determined by subtracting the sum of the required local tax effort as set forth in subsection (2)(a) of this section and the other local revenue sources as set forth in subsection (2)(c) of this section in an amount not to H.exceed * * * twenty-nine and one-half percent (29.5%) of the total projected adequate education program cost as set forth in subsection (1)(f) of this section from the total projected adequate education program cost as set forth in subsection (1)(f) of this section.
B.23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 12 (b) Provided, however, that in fiscal year 2015, any increase in the said state contribution to any district calculated under this section shall be not less than six percent (6%) in excess of the amount received by said district from state funds for fiscal year 2002;
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 21(DJ\KW) exceed twenty-seven percent (27%) of the total projected adequate education program cost as set forth in subsection (1)(f) of this section from the total projected adequate education program cost as set forth in subsection (1)(f) of this section.
(b) Provided, however, that in fiscal year 2015, any increase in the said state contribution to any district calculated under this section shall be not less than six percent (6%) in excess of the amount received by said district from state funds for fiscal year 2002;
H.(c) If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a school term of a scholastic year as required in Section 37-13-63, Mississippi Code of 1972, due to 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 13 an enemy attack, a man-made, technological or natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, said school board may notify the State Department of Education of such disaster and submit a plan for altering the school term.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 22(DJ\KW) (c) If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a school term of a scholastic year as required in Section 37-13-63, Mississippi Code of 1972, due to an enemy attack, a man-made, technological or natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, said school board may notify the State Department of Education of such disaster and submit a plan for altering the school term.
(4)(d) TheProvided, Interimhowever, Schoolthat Districtin Capitalfiscal Expenditureyear Fund2024, issubject herebyto establishedappropriations, inno theschool Statedistrict Treasuryshall whichreceive shallless bethan useda todistrict distributereceived anyin fundsfiscal specificallyyear appropriated2023 byin said state contribution, including the Legislatureamount toprovided suchfor fundthe tofiscal schoolyear districts2023 entitledteacher toand increasedassistant allocationsteacher H.pay raise separate from the adequate education program.
B.(4) The Interim School District Capital Expenditure Fund is hereby established in the State Treasury which shall be used to distribute any funds specifically appropriated by the Legislature 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 14 to such fund to school districts entitled to increased allocations of state funds under the adequate education program funding formula prescribed in Sections 37-151-3 through 37-151-7, Mississippi Code of 1972, until such time as the said adequate education program is fully funded by the Legislature.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 23(DJ\KW) of state funds under the adequate education program funding formula prescribed in Sections 37-151-3 through 37-151-7, Mississippi Code of 1972, until such time as the said adequate education program is fully funded by the Legislature.
Any such 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 15 capital improvement project by a school district shall be approved H.by the State Board of Education, and based on an approved long-range plan.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 24(DJ\KW) by the State Board of Education, and based on an approved long-range plan.
(d) From and after October 1, 1997, through June 30, 1998, pursuant to a school district capital expenditure plan approved by the State Department of Education, a school district may pledge such funds until July 1, 2002, plus funds provided for in paragraph (e) of this subsection (4) that are not otherwise permanently pledged under such paragraph (e) to pay all or a portion of the debt service on debt issued by the school district under Sections 37-59-1 through 37-59-45, 37-59-101 through 37-59-115, 37-7-351 through 37-7-359, 37-41-89 through 37-41-99, 37-7-301, 37-7-302 and 37-41-81, Mississippi Code of 1972, or debt issued by boards of supervisors for agricultural high schools pursuant to Section 37-27-65, Mississippi Code of 1972, or lease-purchase contracts entered into pursuant to Section 31-7-13, 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 16 Mississippi Code of 1972, or to retire or refinance outstanding H.debt of a district, if such pledge is accomplished pursuant to a written contract or resolution approved and spread upon the minutes of an official meeting of the district's school board or board of supervisors.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 25(DJ\KW) debt of a district, if such pledge is accomplished pursuant to a written contract or resolution approved and spread upon the minutes of an official meeting of the district's school board or board of supervisors.
(e) [Repealed] (f) [Repealed] (g) The State Board of Education may authorize the school district to expend not more than twenty percent (20%) of its annual allotment of such funds or Twenty Thousand Dollars ($20,000.00), whichever is greater, for technology needs of the school district, including computers, software, telecommunications, cable television, interactive video, film, low-power television, satellite communications, microwave communications, technology-based equipment installation and 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 17 maintenance, and the training of staff in the use of such H.technology-based instruction.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 26(DJ\KW) technology-based instruction.
H.23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 18 Any interest accruing on any unexpended balance in the Interim School District Capital Expenditure Fund shall be invested by the State Treasurer and placed to the credit of each school district participating in such fund in its proportionate share.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 27(DJ\KW) Any interest accruing on any unexpended balance in the Interim School District Capital Expenditure Fund shall be invested by the State Treasurer and placed to the credit of each school district participating in such fund in its proportionate share.
SECTION 2.
Section 37-57-1, Mississippi Code of 1972, is amended as follows:
37-57-1.
(1) (a) The boards of supervisors of the counties shall levy and collect all taxes for and on behalf of all school districts which were within the county school system or designated as special municipal separate school districts prior to July 1, 1986.
Such taxes shall be collected by the county tax collector at the same time and in the same manner as county taxes are 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 19 collected by him, and the same penalties for delinquency shall be applicable.
The governing authorities of the municipalities shall levy and collect all taxes for and on behalf of all school districts which were designated as municipal separate school districts prior to July 1, 1986.
Such taxes shall be collected by the municipal tax collector at the same time and in the same manner as municipal taxes are collected by him, and the same penalties for delinquency shall be applicable.
Except as otherwise provided in Section 19-9-171, the county or municipal tax collector, as the case may be, shall pay such tax collections, except for taxes collected for the payment of the principal of and interest on school bonds or notes and except for taxes collected to defray collection costs, into the school depository and report to the school board of the appropriate school district at the same time and in the same manner as the tax collector makes his payments and reports of other taxes collected by him.
Provided, however, the State Board of Education shall determine the appropriate levying authority for any school district created or reorganized after July 1, 1987.
(b) For the purposes of this chapter and any other laws pertaining to taxes levied or bonds or notes issued for and on behalf of school districts, the term "levying authority" means the board of supervisors of the county or the governing authorities of 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 20 the municipality, whichever levies taxes for and on behalf of the particular school district as provided in paragraphs (a) and (b) of this subsection.
(2) The levying authority for the school district shall, at the same time and in the same manner as other taxes are levied by the levying authority, levy a tax of not less than twenty-eight (28) mills for the then current fiscal year, less the estimated amount of the yield of the School Ad Valorem Tax Reduction Fund grant to the school district as determined by the State Department of Education or * * * twenty-nine and one-half percent (29.5%) of the basic adequate education program cost for such school district, whichever is a lesser amount, upon all of the taxable property of the school district, as required under Section 37-151-7(2)(a).
However, in no case shall the minimum local ad valorem tax effort for any school district be equal to an amount that would require a millage rate exceeding fifty-five (55) mills in that school district.
Provided, however, that if a levying authority is levying in excess of fifty-five (55) mills on July 1, 1997, the levying authority may levy an additional amount not exceeding three (3) mills in the aggregate for the period beginning July 1, 1997, and ending June 30, 2003, subject to the limitation on increased receipts from ad valorem taxes prescribed in Sections 37-57-105 and 37-57-107.
Nothing in this subsection shall be construed to require any school district that is levying more than fifty-five (55) mills pursuant to Sections 37-57-1 and 23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 21 37-57-105 to decrease its millage rate to fifty-five (55) mills or less.
In making such levy, the levying authority shall levy an additional amount sufficient to cover anticipated delinquencies and costs of collection so that the net amount of money to be produced by such levy shall be equal to the amount which the school district is required to contribute as its said minimum local ad valorem tax effort.
The tax so levied shall be collected by the tax collector at the same time and in the same manner as other ad valorem taxes are collected by him.
The amount of taxes so collected as a result of such levy shall be paid into the district maintenance fund of the school district by the tax collector at the same time and in the same manner as reports and payments of other ad valorem taxes are made by said tax collector, except that the amount collected to defray costs of collection may be paid into the county general fund.
The levying authority shall have the power and authority to direct and cause warrants to be issued against such fund for the purpose of refunding any amount of taxes erroneously or illegally paid into such fund where such refund has been approved in the manner provided by law.
SectionThis 37-151-85,act Mississippishall Codetake ofeffect 1972,and isbe amendedin asforce follows:from and after July 1, 2023, and shall stand repealed on June 30, 2023.
37-151-85.Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
(1)AN TheACT amountTO toAMEND beSECTION allotted37-151-7, byMISSISSIPPI theCODE StateOF Board1972, ofTO EducationREVISE forTHE transportationMISSISSIPPI shallADEQUATE beEDUCATION determinedPROGRAM asFUNDING follows:23/SS26/HB1369A.2J *SS26/HB1369A.2J* PAGE 22 FORMULA TO PROVIDE THAT FOR EACH FISCAL YEAR BETWEEN THE RECALCULATION OF THE BASE STUDENT COST, THE BASE STUDENT COST SHALL BE INCREASED BY AN AMOUNT EQUAL TO 25% OF THE BASE STUDENT COST FOR THE PREVIOUS FISCAL YEAR, MULTIPLIED BY THE 20-YEAR AVERAGE ANNUAL RATE OF INFLATION ROUNDED UP TO THE NEAREST TENTH OF A PERCENT FOR THE STATE OF MISSISSIPPI AS DETERMINED BY THE STATE ECONOMIST, PLUS ANY ADJUSTMENTS FOR ADDITIONAL STATE REQUIREMENTS SUCH AS, BUT NOT LIMITED TO, TEACHER PAY RAISES AND HEALTH INSURANCE PREMIUM INCREASES;
TheTO StatePROVIDE DepartmentTHAT ofTHE EducationSTATE shallDEPARTMENT calculateOF theEDUCATION costSHALL ofCERTIFY transportationTO inEACH schoolSCHOOL districtsDISTRICT byTHAT ascertaining28 theMILLS, averageLESS costTHE perESTIMATED pupilAMOUNT inOF averageTHE dailyYIELD attendanceOF ofTHE transportedSCHOOL pupilsAD inVALOREM schoolTAX districtsREDUCTION classifiedFUND inGRANTS differentAS densityDETERMINED groupsBY asTHE H.STATE DEPARTMENT OF EDUCATION, SHALL BE THE MILLAGE RATE REQUIRED TO PROVIDE THE DISTRICT REQUIRED LOCAL EFFORT FOR THAT YEAR, OR 29.5% OF THE BASIC ADEQUATE EDUCATION PROGRAM COST FOR SUCH SCHOOL DISTRICT, WHICHEVER IS A LESSER AMOUNT;
B.TO PROVIDE THE METHODOLOGY FOR LOCAL CONTRIBUTION AMOUNTS FOR SCHOOL DISTRICTS IN WHICH THERE IS LOCATED ONE OR MORE CHARTER SCHOOLS;
No.TO PROVIDE THAT THE METHODOLOGY FOR THE REQUIRED STATE EFFORT IN SUPPORT OF THE ADEQUATE EDUCATION PROGRAM SHALL BE DETERMINED BY SUBTRACTING THE SUM OF THE REQUIRED LOCAL TAX EFFORT AND THE OTHER LOCAL REVENUE SOURCES IN AN AMOUNT NOT TO EXCEED 29.5% OF THE TOTAL PROJECTED ADEQUATE EDUCATION PROGRAM COST FROM THE TOTAL PROJECTED ADEQUATE EDUCATION PROGRAM COST;
1369TO *HR26/R1472*PROVIDE ~THAT OFFICIALIN ~FISCAL 23/HR26/R1472YEAR PAGE2024, 28(DJ\KW)SUBJECT determinedTO byAPPROPRIATIONS, theNO StateSCHOOL DepartmentDISTRICT ofSHALL Education.RECEIVE LESS THAN A DISTRICT RECEIVED IN FISCAL YEAR 2023 IN SAID STATE CONTRIBUTION, INCLUDING THE AMOUNT PROVIDED FOR THE FISCAL YEAR 2023 TEACHER AND ASSISTANT TEACHER PAY RAISE SEPARATE FROM THE ADEQUATE EDUCATION PROGRAM;
BasedTO onAMEND theseSECTION calculations,37-57-1, theMISSISSIPPI StateCODE DepartmentOF of1972, EducationTO shallCONFORM; develop a scale for determining the allowable cost per pupil in different density groups, which scale shall provide greatest allowance per pupil transported in school districts with lowest densities and smallest allowance per pupil in school districts with highest densities.
BeginningAND withFOR theRELATED 2024-2025PURPOSES. school year, the total allowance in the adequate education program for transported children for any school district for the current year shall be the average daily * * * membership (ADM) of the transported children for the nine (9) months of the prior year, multiplied by the allowance per transported pupil as provided herein.
However,23/SS26/HB1369A.2J the*SS26/HB1369A.2J* StatePAGE Department23 of Education is hereby authorized and empowered to make proper adjustments in allotments, under rules and regulations of the State Board of Education, in cases where major changes in the number of children in average daily * * * membership (ADM) transported occur from one (1) year to another as a result of changes or alterations in the boundaries of school districts, a change in or relocation of attendance centers, or for other reasons which would result in major decrease or increase in the number of children in average daily attendance transported during the current school year as compared with the preceding year.
Moreover, the State Board of Education is hereby authorized and empowered to make such payments to all districts and/or university-based programs as deemed necessary in connection with H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 29(DJ\KW) transporting exceptional children as defined in Section 37-23-3.
The State Board of Education shall establish and implement all necessary rules and regulations to allot transportation payments to university-based programs.
In developing density classifications under the provisions hereof, the State Department of Education may give consideration to the length of the route, the sparsity of the population, the lack of adequate roads, highways and bridges, and the presence of large streams or other geographic obstacles.
In addition to funds allotted under the above provisions, funds shall be allotted to each school district that transports students from their assigned school or attendance center to classes in an approved vocational-technical center at a rate per mile not to exceed the average statewide cost per mile of school bus transportation during the preceding year exclusive of bus replacement.
All such transportation must have prior approval by the State Department of Education.
(2) The average daily * * * membership (ADM) of transported children shall be reported by the school district in which such children attend school.
If children living in a school district are transported at the expense of such school district to another school district, the average daily * * * membership (ADM) of such transported children shall be deducted by the State Department of Education from the aggregate average daily * * * membership (ADM) of transported children in the school district in which they attend school and shall be added to the aggregate average H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 30(DJ\KW) daily * * * membership (ADM) of transported children of the school district from which they come for the purpose of calculating transportation allotments.
However, such deduction shall not be made for the purpose of calculating adequate education program pupil-based funding.
(3) The State Department of Education shall include in the allowance for transportation for each school district an amount for the replacement of school buses or the purchase of new buses, which amount shall be calculated upon the estimated useful life of all school buses being used for the transportation of children in such school district, whether such buses be publicly or privately owned.
(4) The school boards of all districts operating school bus transportation are authorized and directed to establish a salary schedule for school bus drivers.
No school district shall be entitled to receive the funds herein allotted for transportation unless it pays each of its nonstudent adult school bus drivers paid from such transportation allotments a minimum of One Hundred Ninety Dollars ($190.00) per month.
In addition, local school boards may compensate school bus drivers, to include temporary or substitute bus drivers, for actual expenses incurred when acquiring an initial commercial license or any renewal of a commercial license in order to drive a school bus.
In addition, local school boards may compensate school bus drivers, to include temporary or substitute bus drivers, for expenses, not to exceed H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 31(DJ\KW) One Hundred Dollars ($100.00), when acquiring an initial medical exam or any renewal of a medical exam, in order to qualify for a commercial driver's license.
(5) The State Board of Education shall be authorized and empowered to use such part of the funds appropriated for transportation in the adequate education fund as may be necessary to finance driver training courses as provided for in Section 37-41-1, Mississippi Code of 1972.
(6) The State Board of Education, acting through the Department of Education, may compensate school bus drivers, to include temporary or substitute bus drivers, who are providing driving services to the various state operated schools, such as the Mississippi School for the Deaf, the Mississippi School for the Blind, the Mississippi School of the Arts, the Mississippi School for Math and Science and any other similar state operated schools, for actual expenses incurred when acquiring an initial commercial license or any renewal of a commercial license in order to drive a school bus, to include the expense, not to exceed One Hundred Dollars ($100.00), of acquiring an initial medical exam or any renewal of a medical exam in order to qualify for a commercial driver's license.
SECTION 4.
Section 37-151-97, Mississippi Code of 1972, is amended as follows:
37-151-97.
The State Department of Education shall develop an annual reporting process to inform the Legislature, local H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 32(DJ\KW) district personnel and the general public as to the ongoing and future plans for the state's educational programs.
The annual reporting process will include those vital statistics that are commonly reported by schools and districts and that can provide clear demographic, strategic and educational information to constituencies such as, but not limited to, the following information:
(a) Student enrollment, average daily membership (ADM), attendance, drop-out and graduation;
(b) Overall student and district achievement;
(c) Budget, administrative costs and other pertinent fiscal information, including:
(i) The receipts and disbursements of all school funds handled by the board;
(ii) Reports of expenditures for public schools, which, upon request must be made available on an individual district basis by the State Department of Education;
1.
Total Student Expenditures:
a.
Instruction (1000s);
b.
Other Student Instructional Expenditures (2100s, 2200s);
2.
General Administration (2300s and 2500s);
3.
School Administration (2400s);
4.
Other Expenditures (2600s, 2700s, 2800s, 3100s, 3200s);
and H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 33(DJ\KW) 5.
Nonoperational Expenditures (4000s, 5000s, 6000s);
(iii) The number of school districts, schoolteachers employed, school administrators employed, pupils taught and the attendance record of pupils therein;
(iv) County and district levies for each school district and agricultural high school;
(v) The condition of vocational education, a list of schools to which federal and state aid has been given, and a detailed statement of the expenditures of federal funds and the state funds that may be provided, and the ranking of subjects taught as compared with the state's needs.
(d) Other as directed by the State Board of Education.
Further, the reporting process will include an annual report developed specifically to relate the mission and goals of the State Board of Education, state superintendent and departments.
This document will become the method through which the strategic planning and management process of the department is articulated to the public.
It will explain and inform the public of the major initiatives of the department and clearly identify rationale for program development and/or elimination.
The report will establish benchmarks, future plans and discuss the effectiveness of educational programs.
In addition to the information specified herein, the State Board of Education shall have full and plenary authority and power H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 34(DJ\KW) to require the furnishing of such further, additional and supplementary information as it may deem necessary for the purpose of determining the cost of the adequate education program in such school district for the succeeding fiscal year, the amount of the adequate education program funds to be allotted to each school district for the succeeding fiscal year, and for any other purpose authorized by law or deemed necessary by said State Board of Education.
It shall be the duty of the State Department of Education to prescribe the forms for the reports provided for in this section.
SECTION 5.
Section 37-151-103, Mississippi Code of 1972, is amended as follows:
37-151-103.
(1) Funds due each school district and charter school under the terms of this chapter from the Adequate Education Program Fund shall be paid in the following manner:
Two (2) business days prior to the last working day of each month there shall be paid to each school district and charter school, by electronic funds transfer, one-twelfth (1/12) of the funds to which the district or charter school is entitled from funds appropriated for the Adequate Education Program Fund.
However, in December those payments shall be made on December 15th or the next business day after that date.
All school districts shall process a single monthly or a bimonthly payroll for employees, in the discretion of the local school board, with electronic settlement of payroll checks secured through direct deposit of net pay for H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 35(DJ\KW) all school district employees.
In addition, the State Department of Education may pay school districts and charter schools from the common school fund and the Adequate Education Program Fund on a date earlier than provided for by this section if it is determined that it is in the best interest of school districts and charter schools to do so.
* * * However, * * * if the cash balance in the State General Fund is not adequate on the due date to pay the amounts due to all school districts and charter schools in the state as determined by the State Superintendent of Education, the State Fiscal Officer shall not transfer said funds payable to any school district or districts or charter schools until money is available to pay the amount due to all districts and charter schools.
(2) Notwithstanding any provision of this chapter or any other law requiring the number of children in average daily attendance, average daily membership (ADM) or the average daily * * * membership (ADM) of transported children to be determined on the basis of the preceding year, the State Board of Education is hereby authorized and empowered to make proper adjustments in allotments in cases where major changes in the number of children in average daily attendance, average daily membership (ADM) or the average daily * * * membership (ADM) of transported children occurs from one year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one county or district to another H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 36(DJ\KW) upon a contract basis, the termination or discontinuance of a contract for the sending of children from one county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in average daily attendance, average daily membership (ADM) or the average daily * * * membership (ADM) of transported children during the current school year as compared with the preceding year.
(3) In the event of an inordinately large number of absentees in any school district or charter school as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining average daily attendance or average daily membership (ADM) under the adequate education program shall be based upon the average daily attendance or average daily membership (ADM) for the preceding school year for such school district or charter school.
(4) The State Department of Education shall hold school districts harmless for each school district's average daily attendance calculation for the 2020-2021 scholastic year.
For purposes of determining average daily attendance for the 2020-2021 scholastic year, the State Department of Education shall use each school district's average daily attendance for the 2019-2020 scholastic year if it is greater than the school's average daily attendance for the 2020-2021 scholastic year.
H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 37(DJ\KW) SECTION 6.
Section 37-13-91, Mississippi Code of 1972, is amended as follows:
37-13-91.
(1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law." (2) The following terms as used in this section are defined as follows:
(a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted.
(b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction.
(c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child.
(d) "School day" means not less than five and one-half (5-1/2) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork.
(e) "School" means any public school, including a charter school, in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade.
H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 38(DJ\KW) (f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year;
and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program.
(g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89.
(h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster.
(i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year.
This definition shall include, but not be limited to, private, church, parochial and home instruction programs.
(3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances:
(a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 39(DJ\KW) determined by the appropriate school official based upon sufficient medical documentation.
(b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for handicapped or physically or mentally disadvantaged children.
(c) When a compulsory-school-age child is being educated in a legitimate home instruction program.
The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any charter school or nonpublic school, or the appropriate school official for any or all children attending a charter school or nonpublic school shall complete a "certificate of enrollment" in order to facilitate the administration of this section.
The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only:
(i) The name, address, telephone number and date of birth of the compulsory-school-age child;
(ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child;
(iii) A simple description of the type of education the compulsory-school-age child is receiving and, if the H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 40(DJ\KW) child is enrolled in a nonpublic school, the name and address of the school;
and (iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a charter school or nonpublic school, the signature of the appropriate school official and the date signed.
The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year.
Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section.
However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection.
For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law.
H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 41(DJ\KW) (4) An "unlawful absence" is an absence for an entire school day or during part of a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance.
* * * Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section.
This subsection shall not apply to children enrolled in a nonpublic school.
Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee:
(a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee.
These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity.
(b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school.
(c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official.
H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 42(DJ\KW) (d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child.
The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters.
(e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child.
(f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness.
(g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event.
The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child.
(h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel.
Approval of the absence must be gained from the superintendent of the school H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 43(DJ\KW) district, or his designee, before the absence, but the approval shall not be unreasonably withheld.
(i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance.
However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law.
(j) An absence is excused when it results from the attendance of a compulsory-school-age child participating in official organized events sponsored by the 4-H or Future Farmers of America (FFA).
The excuse for the 4-H or FFA event must be provided in writing to the appropriate school superintendent by the Extension Agent or High School Agricultural Instructor/FFA Advisor.
(k) An absence is excused when it results from the compulsory-school-age child officially being employed to serve as a page at the State Capitol for the Mississippi House of Representatives or Senate.
(5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 44(DJ\KW) enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39.
Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section.
However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance.
(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 45(DJ\KW) enrolled, the school district superintendent, or his designee, shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer.
The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer.
The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.
(7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child.
Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section.
The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 46(DJ\KW) school.
The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92.
(8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section.
(9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state;
and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 PAGE 47(DJ\KW) curriculum, admissions policy or discipline of any such school or home instruction program.
SECTION 7.
This act shall take effect and be in force from and after July 1, 2023.
H.
B.
No.
1369 *HR26/R1472* ~ OFFICIAL ~ 23/HR26/R1472 ST:
MAEP;
determine cost of using Average Daily PAGE 48(DJ\KW) Membership (ADM) in lieu of ADA with 90% threshold attendance trigger.