Miss. Code Ann. § 37-173-1 — MS Code / Title 37 / Chapter 12 / Section 173-1
Miss. Code Ann. § 37-173-1
Status: in_force

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Board ” means the State Board of Education.

(b) “ Department ” means the State Department of Education.

(c) “ Dyslexia ” means a specific learning disability that is neurological in origin, characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities, which typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction, and secondary consequences which may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(d) “ Dyslexia therapy ” means an appropriate specialized dyslexia instructional program that is delivered by a Mississippi Department of Education licensed dyslexia therapist which is scientific, research-based, Orton-Gillingham based, and is offered in a small group setting to teach students the components of reading instruction which include:

(i) Phonemic awareness to enable students to detect, segment, blend and manipulate sounds in spoken language;

(ii) Graphophonemic knowledge (phonics) for teaching the letter-sound plan of English;

(iii) The entire structure of the English language that encompasses morphology, semantics, syntax and pragmatics;

(iv) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and

(v) Strategies that students use for decoding, encoding, word recognition, fluency and comprehension.

These components shall be taught using instructional approaches that include explicit, direct instruction which is systematic, sequential and cumulative, following a logical plan of presenting the alphabetic principle commensurate with the students' needs, with no assumption of prior skills or language knowledge; individualized to meet the specific learning needs of each individual student in a small group setting; intensive, highly concentrated instruction that maximizes student engagement and uses specialized methods and materials; meaning-based instruction directed toward purposeful reading and writing, with an emphasis on comprehension and composition; and multisensory instruction that incorporates the simultaneous use of two (2) or more sensory pathways during teacher presentations and student practice.

(e) “ AA license ” means a certification issued by the department to educators who hold a master's degree, indicating their eligibility to teach in specific academic settings within the State of Mississippi.

(f) “ Qualified Instructor of Certified Academic Language Therapists ” means a professional who is certified in instructor competency through a nationally recognized Orton-Gillingham based dyslexia therapy organization or Orton-Gillingham based academic language therapy organization and has:

(i) Experience in Orton-Gillingham based dyslexia therapy situations that include remediating students of various severity levels, ages and group sizes not exceeding six (6) students;

(ii) Completed a minimum of fourteen hundred (1400) clinical therapy hours;

(iii) Completed a minimum of two (2) curriculum therapy cycles remediating students;

(iv) Trained in a minimum of two (2) Orton-Gillingham based dyslexia therapy curriculum programs;

(v) Assisted in training educators through an Orton-Gillingham based dyslexia therapy program under a Qualified Instructor of Certified Academic Language Therapists; and

(vi) A master's degree or higher level of education.

(g) “ Department of Education licensed dyslexia therapist ” means a professional:

(i) Who has completed training in a department approved Orton-Gillingham based dyslexia therapy training program attaining a AA license in dyslexia therapy; or

(ii) Holding or currently participating in a master's degree that leads to an AA license and a department-approved Orton-Gillingham based dyslexia therapy training program; or

(iii) Holding a standard five-year license or administrator license and a master's degree having completed a department-approved Orton-Gillingham based dyslexia training program; or

(iv) Holding:

1. A national certification for Orton-Gillingham based dyslexia therapy or Orton-Gillingham based academic language therapy from a nationally recognized professional organization;

2. College transcripts as proof of a master's degree or greater level of graduate education; and

3. Current membership in a national certifying organization for Orton-Gillingham based dyslexia therapy or Orton-Gillingham based academic language therapy as proof of maintenance of professional continuing education standards.

(h) “ Approved dyslexia therapy training program ” means a program accredited by the International Multisensory Structured Language Education Council (IMSLEC) and includes:

(i) A minimum of two hundred (200) hours of coursework and seven hundred (700) hours of clinical work, observed and monitored by a Qualified Instructor of Certified Academic Language Therapists; and

(ii) A reading-science competency examination, including multisensory structured language, administered by a nationally recognized organization with authority to issue national certification.

(i) “ Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program ” means a scholarship to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a nonpublic school of choice, for students in Grade 1 through Grade 12 diagnosed with dyslexia in order to receive comprehensive multisensory dyslexia therapy delivered by holders of an appropriate license in dyslexia therapy issued by the department.

(j) “ School ” means any public or state-accredited nonpublic special purpose school that provides a specific learning environment that provides comprehensive dyslexia therapy instruction delivered by dyslexia therapists licensed by the department providing highly qualified education and intervention services to children diagnosed with the primary learning disability of dyslexia.
Miss. Code Ann. § 37-33-171 — MS Code / Title 37 / Chapter 6 / Section 33-171
Miss. Code Ann. § 37-33-171
Status: in_force

(1) There is hereby established an Office on Deaf and Hard of Hearing within the State Department of Rehabilitation Services, hereinafter referred to as “ODHH.”

(2) The ODHH shall have the following responsibilities:

(a) To work to make interpreter services available to people who are deaf or hard of hearing;

(b) To work to increase the number of qualified interpreters in the state and to increase the certification level of interpreters in the state;

(c) To maintain a registry of available and qualified interpreters in the state;

(d) To provide community outreach, training and education to the public and private sectors, including business, governmental entities, schools and political subdivisions, on issues related to the deaf and hard of hearing;

(e) To serve as a collection point and clearinghouse for information and data related to deafness, including program and service options available for adults and children who are deaf and hard of hearing;

(f) To encourage, participate in and conduct studies and research on issues related to the deaf and hard of hearing;

(g) To provide advice and information to the Mississippi Legislature;

(h) To work with public and private entities, including community and four-year colleges and universities, to accomplish the responsibilities of the ODHH;

(i) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this section.

(3) A service center for ODHH shall be established and operated according to policies established by the ODHH and approved by the State Board of Rehabilitation Services.

(4) The ODHH shall be staffed by an office director, an administrative assistant and full-time and part-time interpreters. These staff members shall be employees of the State Department of Rehabilitation Services. The ODHH shall also have the power to contract with free lance interpreters as needed.

(5) The ODHH shall establish and utilize an advisory council made up of a majority of members who are deaf or hard of hearing. The first members of the ODHH Advisory Council shall be appointed for a one-year term; subsequent appointments or reappointments shall be made for two-year terms.

(6) The ODHH is authorized to apply for and accept funds from any source and to receive contributions, gifts or any other funds from any private or public source.

(7) The ODHH shall be funded subject to appropriation by the Legislature and in operation by July 1, 1998.
Miss. Code Ann. § 37-28-17 — MS Code / Title 37 / Chapter 5 / Section 28-17
Miss. Code Ann. § 37-28-17
Status: in_force

(1) The following are the purposes of a charter application:

(a) To present the proposed charter school's academic and operational vision and plans;

(b) To demonstrate the applicant's capacities to execute the proposed vision and plans; and

(c) To provide the authorizer a clear basis for assessing the applicant's plans and capacities.

(2) An approved charter application may not serve as the school's charter contract.
Miss. Code Ann. § 37-139-13 — MS Code / Title 37 / Chapter 14 / Section 139-13
Miss. Code Ann. § 37-139-13
Status: in_force

All expenditures shall be authorized by the board. Such expenditures shall be paid therefrom by the State Treasurer on warrants issued by the State Fiscal Management Board. Said State Fiscal Management Board shall issue its warrant upon requisition signed by the proper person, officer or officers in the manner provided by law.
Miss. Code Ann. § 37-23-191 — MS Code / Title 37 / Chapter 9 / Section 23-191
Miss. Code Ann. § 37-23-191
Status: in_force

Sections 37-23-191 through 37-23-203 may be cited as the “Blind Persons' Literacy Rights and Education Act.”
Miss. Code Ann. § 37-159-17 — MS Code / Title 37 / Chapter 14 / Section 159-17
Miss. Code Ann. § 37-159-17
Status: in_force

There is established in the State Treasury a special fund to be designated the “Mississippi Critical Teacher Shortage Fund,” into which shall be deposited those funds appropriated by the Legislature, and any other funds that may be made available, for the purpose of implementing the programs established under Sections 37-159-5 , 37-9-77 , 37-3-91 and 37-159-9 through 37-159-13 . Money in the fund at the end of a fiscal year shall not lapse into the General Fund, and interest earned on any amounts deposited into the fund shall be credited to the special fund.
Miss. Code Ann. § 37-123-1 — MS Code / Title 37 / Chapter 15 / Section 123-1
Miss. Code Ann. § 37-123-1
Status: in_force

The body politic and corporate created by Chapter 284, Laws of Mississippi 1924, by the name of “Delta State Teachers' College” is continued to have perpetual succession with power to contract and be contracted with; to receive by any legal method of transfer or conveyance, property of any description, to have, hold and employ the same; to make and use a corporate seal, with power to change the same; to adopt bylaws, rules and regulations for the government of its members, official agents and employees. However, the name of said “Delta State Teachers' College” shall be hereafter changed to “Delta State University” without interference with the rights, powers and prerogatives of said college which shall continue in all respects.

Wherever the name “Delta State Teachers' College” or “Delta State College” appears, the same shall be construed to denote Delta State University.
Miss. Code Ann. § 37-23-193 — MS Code / Title 37 / Chapter 5 / Section 23-193
Miss. Code Ann. § 37-23-193
Status: in_force

For purposes of Sections 37-23-191 through 37-23-203 , the following terms shall have the meanings respectively ascribed to them in this section unless the context clearly indicates otherwise:

(a) “ Blind student ” means an individual who is eligible for special education services or 504 services and who has an impairment in vision that, even with correction, adversely affects the student's educational performance. This includes a student who:

(i) Has a visual acuity of 20 / 200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of less than twenty-one (21) degrees;

(ii) Has a medically indicated expectation of visual deterioration; or

(iii) Is functionally blind due to visual problems affecting reading and writing skills.

(b) “ Braille ” means the system of reading and writing through touch and includes literary code, designated commonly as the Unified English Braille Code or the Standard English Braille Code, Nemeth Braille Code for Mathematics and Science Notation, Music Braille Code and Computer Braille Code.

(c) “ Individualized educational program ” (IEP) means a statement developed for a student eligible for special education services under Section 602(a)(20) of Part B of the Individuals with Disabilities Education Act.

(d) “ Assistive technology service ” means any service or provision of devices which directly assists the functional capabilities of a blind or visually impaired student.

(e) “ Compensatory skills ” or “ alternative techniques ” means those skills or techniques needed by blind or visually impaired students to access all areas of the Mississippi Curriculum Frameworks. These skills include, but are not limited to: the use of Braille, large print, optical devices, tactile symbols, calendar systems and abacus; study and organizational skills; listening skills; concept development; the use of assistive technology and recorded materials; social interaction; independent living; recreation and leisure skills; and career education.

(f) “ 504 Plan ” means a legal document under the provisions of the Rehabilitation Act of 1973 which is designed to plan a program of instructional services to assist a student with specialized needs who is in a general education setting.
Miss. Code Ann. § 37-159-13 — MS Code / Title 37 / Chapter 13 / Section 159-13
Miss. Code Ann. § 37-159-13
Status: in_force

(1) There is established a pilot program to provide for the construction of rental housing units for teachers in the West Tallahatchie School District, which pilot program shall be administered by the State Department of Education. The department may contract with one or more public or private entities to provide assistance in implementing and administering the program. The State Board of Education shall adopt rules and regulations regarding the implementation and administration of the program.

(2) The West Tallahatchie School District shall receive proposals from developers for the construction of the rental housing units, and submit its recommendation to the State Department of Education about which developer should construct the units. The department shall make the final determination about the developer that will construct the units.

(3) After selection of the developer, the department shall loan the developer not more than Two Hundred Thousand Dollars ($200,000.00) for construction of the units. The interest rate on the loan shall be equal to one percent (1%) below the discount rate at the Federal Reserve Bank in the Federal Reserve district in which the school district is located, and the loan shall be repaid in not more than fifteen (15) years, as determined by the department. All funds received by the department as repayment of the principal and interest of the loan shall be deposited in the Mississippi Critical Teacher Shortage Fund. If a claim against the developer for repayment is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.

(4) The developer shall operate the rental housing units. For a period of ten (10) years or until such time as the loan to the developer is repaid, whichever is longer, the priority for residence in the units shall be given first to teachers employed by the school district, then to other licensed school district employees, and then to any other school district employees.
Miss. Code Ann. § 37-29-419 — MS Code / Title 37 / Chapter 15 / Section 29-419
Miss. Code Ann. § 37-29-419
Status: in_force

When any land or other property owned by the Mississippi Gulf Coast Junior College District shall cease to be used or needed by the district, the same may be sold by the board of trustees upon sealed bids after three weeks' advertisement in a newspaper in the county where the said property is located. Personal property having a value determined by the board of less than five hundred dollars ($500.00) may be sold without such advertisement; however, in such event notice shall be posted in at least three public places in the county where such property is situated or where it is to be sold, giving notice of the time and place of such sale, and such property shall be sold to the highest and best bidder for cash. Such notice shall be posted for ten days before the sale.
Miss. Code Ann. § 37-51-3 — MS Code / Title 37 / Chapter 12 / Section 51-3
Miss. Code Ann. § 37-51-3
Status: in_force

The terms and provisions of this chapter shall be administered and executed by the state educational finance commission. For the purpose of this chapter, the term “commission” shall mean “state educational finance commission” except where the context clearly indicates otherwise.
Miss. Code Ann. § 37-113-47 — MS Code / Title 37 / Chapter 4 / Section 113-47
Miss. Code Ann. § 37-113-47
Status: in_force

The proceeds of any contribution made by any county under the provisions of Section 37-113-43 , including the proceeds from the sale of any bonds issued for such purposes, shall be paid by the board of supervisors of such county into the state treasury into a special fund to the credit of the board of trustees of state institutions of higher learning, and shall thereafter be utilized and expended by said board of trustees of state institutions of higher learning in the construction, erection and equipping of educational facilities in such county to be utilized by the Mississippi State University of Agriculture and Applied Science.
Miss. Code Ann. § 37-23-75 — MS Code / Title 37 / Chapter 12 / Section 23-75
Miss. Code Ann. § 37-23-75
Status: in_force

It shall be unlawful for any person to obtain, seek to obtain, expend, or seek to expend, any financial assistance funds for any purpose other than in payment of or in reimbursement for the tuition costs for the attendance of his child or ward at a private school, parochial school or speech, hearing and/or language clinic. A violation of this section shall constitute a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars ($500.00), by imprisonment for not more than six (6) months in jail, or both.
Miss. Code Ann. § 37-177-3 — MS Code / Title 37 / Chapter 12 / Section 177-3
Miss. Code Ann. § 37-177-3
Status: in_force

Immediately upon the determination of a reading deficiency, and subsequently with each quarterly progress report until the deficiency is remediated, the parent or legal guardian of a Kindergarten or First-, Second- or Third-Grade student who exhibits a substantial deficiency in reading must be notified in writing by the student's teacher of the following:

(a) That the student has been identified as having a substantial deficiency in reading;

(b) A description of the services that the school district currently is providing to the student;

(c) A description of the proposed supplemental instructional services and supports that are designed to remediate the identified area of reading deficiency which the school district plans to provide the student, as outlined in the student's individual reading plan;

(d) That if the student's reading deficiency is not remediated before the end of the student's Third-Grade year, the student will not be promoted to Fourth Grade unless a good cause exemption specified under Section 37-177-11 is met;

(e) Strategies for parents and guardians to use in helping the student to succeed in reading proficiency; and

(f) That while the state annual accountability assessment for reading in Third Grade is the initial determinant, it is not the sole determiner of promotion and that approved alternative standardized assessments are available to assist the school district in knowing when a child is reading at or above grade level and ready for promotion to the next grade.
Miss. Code Ann. § 37-15-10 — MS Code / Title 37 / Chapter 1 / Section 15-10
Miss. Code Ann. § 37-15-10
Status: in_force

The state board of education shall administer Sections 37-15-1 through 37-15-4 , 37-15-8 and this section and issue such additional standards and regulations as might be necessary in carrying out this duty.
Miss. Code Ann. § 37-41-101 — MS Code / Title 37 / Chapter 13 / Section 41-101
Miss. Code Ann. § 37-41-101
Status: in_force

(1) The State Board of Education is hereby authorized, empowered and directed to advertise for and receive sealed bids and proposals for sale of school bus bodies and school buses sold as complete units to the school boards of school districts in this state. The State Board of Education shall approve persons, firms, corporations or associations authorized to sell school bus bodies and school buses sold as complete units, and shall establish prices relative thereto based upon the lowest and best bids, which school districts may not exceed in purchasing such equipment. In determining the lowest and best bids received for such equipment, there shall be included as part of the total cost thereof any transportation or freight charges which will be incurred. The State Board of Education may permit all such bidders to sell said equipment provided that the bidders agree to sell the equipment at prices established based upon the lowest and best bid and in compliance with rules and regulations relative thereto promulgated by the state board. Persons, firms, corporations or associations permitted to sell school bus bodies and school buses sold as complete units shall be limited to those actually submitting bids for consideration by the State Board of Education. The State Board of Education shall reserve the right to reject any and all bids submitted.

(2) School boards may purchase school bus bodies and school buses sold as complete units without additional advertisement for bids, provided that the prices for such equipment do not exceed the maximum allowable prices established under the provisions of subsection (1) of this section, and that said purchases are in compliance with the conditions specified therein. All such purchases shall be subject to the approval of the State Department of Education, which shall verify compliance with the applicable specifications, rules and regulations promulgated by the State Board of Education.

(3) In addition to the method of purchasing authorized under this section, school boards are hereby authorized to advertise for and accept the lowest and best bid received for the purchase of school bus chassis and/or pupil transportation service vehicles. Provided, however, that local school governing boards may purchase school bus chassis and/or pupil transportation service vehicles from any motor vehicle dealer domiciled within the county of such governing board, whose bid does not exceed a sum equal to three percent (3%) greater than the price or cost which the dealer pays the manufacturer, as evidenced by the factory invoice for such vehicles. In the event said county does not have an authorized motor vehicle dealer, said board may, in like manner, receive and accept bids from motor vehicle dealers in any adjoining county. No purchase of school bus chassis or service vehicles under the provisions of this subsection shall be valid unless the purchase is made according to statutory bidding and licensing requirements. All purchases under provisions of this subsection shall be subject to the approval of the State Department of Education, which shall verify compliance with the applicable specifications, rules and regulations promulgated by the State Board of Education.

(4) Upon application to and approval by the State Department of Education, school governing boards are hereby authorized to purchase used school buses and used pupil transportation service vehicles, provided that said vehicles meet applicable specifications and the purchase price does not exceed their fair market value. Said fair market value shall be determined by an appraisal by three (3) experienced and impartial citizens, the selection of whom shall be mutually agreed upon by the parties thereto. Said appraisers may be subject to approval by the State Department of Education. Maximum regard for pupil safety and adequate protection of health shall be primary requirements which shall be observed by local school governing boards in purchasing used school buses. The State Department of Education may inspect or have inspected any used school bus prior to purchase to determine whether said bus meets requirements of law and regulations of the state board.

(5) In the event the school board shall have determined that school buses or pupil transportation service vehicles are no longer needed for the transportation of pupils in such school district, such equipment may be sold to another school district without the necessity of advertising for bids. The school district proposing to sell the buses or service vehicles and the school district proposing to purchase such equipment shall agree upon a fair and reasonable price therefor. The agreement shall be spread upon the minutes of the boards of the respective school districts and shall be subject to the prior approval of the State Department of Education, which shall verify compliance with applicable specifications, rules and regulations of the State Board of Education.
Miss. Code Ann. § 37-27-55 — MS Code / Title 37 / Chapter 13 / Section 27-55
Miss. Code Ann. § 37-27-55
Status: in_force

When any pupils shall attend any agricultural high school or community or junior college under the provisions of Section 37-27-51 , such pupils shall be reported and accounted for the allocation of total funding formula funds provided in Sections 37-151-200 through 37-151-215 and building funds just as though such pupils were attending the regular schools of the district in which they reside. For this purpose reports shall be made to the board of trustees of the school district involved by the agricultural high school or community or junior college of the number of children in net enrollment, and the net enrollment of such pupils shall thereupon be included in reports made to the county or school district. The allocation of total funding formula funds and state public school building funds shall be made for such children just as though such children were attending the regular schools of the district. However, all total funding formula funds which accrue to any district as a result of the pupils who are in attendance at such agricultural high school or community or junior college shall be paid by the board of trustees of the municipal separate school district or the county board of education, as the case may be, to the agricultural high school or community or junior college at which the pupils are in attendance, and shall be expended by said agricultural high school or community or junior college for the instruction of said pupils. Funds allotted to the school district for building purposes under Chapter 47 of this title, shall, however, be retained by the school district entitled thereto. The term “ school district ” as used in Sections 37-27-51 through 37-27-59 shall be defined as including all public school districts in this state and also all agricultural high schools not located on the campus of a community or junior college.
Miss. Code Ann. § 37-57-113 — MS Code / Title 37 / Chapter 1 / Section 57-113
Miss. Code Ann. § 37-57-113
Status: in_force

The board of supervisors of any class one county which has a population in the 1970 decennial census of not less than thirty-five thousand (35,000) and not more than fifty thousand (50,000) and having a total assessed valuation in 1971 of not less than forty million dollars ($40,000,000.00) and not more than fifty million dollars ($50,000,000.00) may impose an excise and/or transfer tax upon the sale or construction of all new family units as defined in Section 37-57-111 for capital improvement of public schools as provided by law for countywide public school districts. Said taxation shall not exceed three percent (3%) of the first twenty thousand dollars ($20,000.00) and one-half of one percent ( 1 / 2 of 1%) of all over twenty thousand dollars ($20,000.00) of the total sale or contract price of the family unit; however, said taxation shall not exceed three percent (3%) of the first ten thousand dollars ($10,000.00) and one-half of one percent ( 1 / 2 of 1%) of all over ten thousand dollars ($10,000.00) of the total sale or contract price of apartments, condominiums, duplexes or townhouses.

The tax hereby authorized, if imposed by order of the board of supervisors of the county by order duly spread upon the minutes of said board, shall apply only to the initial sale or construction of new family units not heretofore occupied or used for residence purposes, and shall be an indebtedness of the owner of the family unit.

Said tax shall not apply to such family units purchased or constructed by or for any religious, charitable, educational or nonprofit corporation or institution, nor shall it apply to demonstration of model homes.
Miss. Code Ann. § 37-29-73 — MS Code / Title 37 / Chapter 11 / Section 29-73
Miss. Code Ann. § 37-29-73
Status: in_force

The board of trustees is authorized to execute oil, gas and mineral leases on any of the property owned by the board of trustees of the district, but such leases shall not extend for a term beyond five years unless oil, gas or other minerals shall be in production under said leases at the expiration of said period. The terms and conditions of said lease, within the limitations above set out, shall be for the determination and within the discretion of the board of trustees.
Miss. Code Ann. § 37-13-131 — MS Code / Title 37 / Chapter 13 / Section 13-131
Miss. Code Ann. § 37-13-131
Status: in_force

(1) The State Department of Education is designated as the state agency responsible for the administration and supervision of the Comprehensive School Health Education Program as an educational curriculum in the State of Mississippi. It is the intent of the Legislature that all funds made available to the State Department of Education for the purpose of comprehensive school health education shall be administered by the State Department of Education.

(2) Pursuant to the provisions of subsection (1) of this section, the State Department of Education is authorized to establish an Office of Comprehensive School Health Education within the framework of the State Department of Education for the purpose of developing standards, procedures and criteria for the administration and supervision of a statewide program of health education in Kindergarten through Grade 12. The State Department of Education, through the Office of Comprehensive School Health Education, shall assume the further responsibility for promoting a statewide effort designed to prepare local school faculties and staffs to incorporate the comprehensive health education concept into their local educational programs.

(3) The Mississippi Department of Health, in conjunction with the Office of Student Development-Branch of Health-Related Services of the State Department of Education, shall develop a long-range strategic plan for a Comprehensive School Health Education Program in Grades K through 12. The Comprehensive School Health Education Program shall encompass four (4) interdependent components: (a) health education; (b) health service; (c) physical education and fitness; and (d) a healthful school environment. These curriculum components shall be designed to develop decision-making competencies related to health and health behavior. Such curriculum components are intended to motivate health maintenance and promote wellness, not only to prevent disease or disability. The Mississippi Department of Health, in conjunction with the Office of Student Development-Branch of Health-Related Services of the Department of Education, shall develop the strategic plan and make a report thereon to the Governor and the Legislature on or before January 1, 1995.
Miss. Code Ann. § 37-115-63 — MS Code / Title 37 / Chapter 12 / Section 115-63
Miss. Code Ann. § 37-115-63
Status: in_force

Any such county as is provided for in Section 37-115-61 is hereby authorized and empowered to issue and sell its bonds, notes or other evidences of indebtedness for the purpose of providing funds with which to make the contribution or donation authorized under the provisions of said section. Such bonds, notes or other evidences of indebtedness shall not be issued in an amount which will exceed the limit of indebtedness of said county as such limit is prescribed by Laws, 1932, ch. 235 as now or hereafter amended. Before issuing any such bonds, notes or other evidences of indebtedness, the board of supervisors, acting for such county, shall adopt a resolution declaring its intention to issue the same, stating the amount and purpose thereof and fixing the date upon which an election will be held on the proposition. The full text of such resolution shall be published once a week for at least three consecutive weeks in at least one newspaper published in said county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed in such resolution as aforesaid and the last publication shall be made not more than seven days prior to such date. The bonds, notes or other evidences of indebtedness authorized herein shall not be issued unless authorized by the affirmative vote of a majority of the qualified voters of said county who vote on the proposition at such election. Such election shall be conducted and the returns thereof made, canvassed and declared as nearly as may be in like manner as is now or may hereafter be provided by law in the case of general elections in counties. In the event that the question of the issuance of such bonds, notes or other evidences of indebtedness be not authorized at such election, such question shall not again be submitted to a vote until the expiration of a period of six months from and after the date of such election.

Such bonds, notes or other evidences of indebtedness shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear such rate or rates of interest and shall mature in such amounts and at such times as may be provided and directed by the board of supervisors of said county. Such bonds shall bear interest at a rate or rates not exceeding six per cent per annum and shall mature in not more than twenty-five years from the date thereof and shall be sold for not less than par and accrued interest.

All bonds, notes or other evidences of indebtedness issued hereunder shall be secured by a pledge of the full faith, credit and resources of such county. There shall annually be levied upon all taxable property within said county an ad valorem tax in addition to all other taxes, sufficient to provide for the payment of the principal of and the interest on said bonds, notes or other evidences of indebtedness as the same respectively mature and accrue.
Miss. Code Ann. § 37-177-1 — MS Code / Title 37 / Chapter 4 / Section 177-1
Miss. Code Ann. § 37-177-1
Status: in_force

(1) There is established an act prohibiting social promotion to be known as the “Literacy-Based Promotion Act,” the purpose of which is to improve the reading skills of Kindergarten and First- through Third-Grade students enrolled in the public schools so that every student completing the Third Grade is able to read at or above grade level. It is the intent of the Legislature, in establishing this act, to ensure that: each Kindergarten and First- through Third-Grade student's progression is determined, in part, upon the student's proficiency in reading; the policies of local school boards facilitate this proficiency; and each student and the student's parent or legal guardian is informed of the student's academic progress.

(2) Each public school student who exhibits a substantial deficiency in reading at any time, as demonstrated through performance on a reading screener approved or developed by the State Department of Education or through locally determined assessments and teacher observations conducted in Kindergarten and Grades 1 through 3 or through statewide end-of-year assessments or approved alternate yearly assessments in Grade 3, must be given intensive reading instruction and intervention immediately following the identification of the reading deficiency. The intensive reading instruction and intervention must be documented for each student in an individual reading plan, which includes, at a minimum, the following:

(a) The student's specific, diagnosed reading skill deficiencies as determined (or identified) by diagnostic assessment data;

(b) The goals and benchmarks for growth;

(c) How progress will be monitored and evaluated;

(d) The type of additional instructional services and interventions the student will receive;

(e) The research-based reading instructional programming the teacher will use to provide reading instruction, addressing the areas of phonemic awareness, phonics, fluency, vocabulary and comprehension;

(f) The strategies the student's parent is encouraged to use in assisting the student to achieve reading competency; and

(g) Any additional services the teacher deems available and appropriate to accelerate the student's reading skill development.

(3) The universal reading screener or locally determined reading assessment may be given in the first thirty (30) days of the school year and repeated if indicated at midyear and at the end of the school year to determine student progression in reading in Kindergarten through Third Grade. If it is determined that the student continues to have a reading deficiency, the student must be provided with continued intensive reading instruction and intervention by the school district until the reading deficiency is remedied. A student exhibiting continued reading deficiency with continued intensive interventions should be considered for exceptional criteria evaluation.

(4) A Kindergarten or First-, Second- or Third-Grade student identified with a deficiency in reading must be provided intensive interventions in reading to ameliorate the student's specific reading deficiency, as identified by a valid and reliable diagnostic assessment. The intensive intervention must include effective instructional strategies, and appropriate teaching methodologies necessary to assist the student in becoming a successful reader, able to read at or above grade level, and ready for promotion to the next grade. A Kindergarten, First-, Second- or Third-Grade student identified with a reading deficiency or not promoted may be placed in a transition class.
Miss. Code Ann. § 37-155-125 — MS Code / Title 37 / Chapter 6 / Section 155-125
Miss. Code Ann. § 37-155-125
Status: in_force

The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, such declaration shall not affect the parts of this article which remain.
Miss. Code Ann. § 37-21-6 — MS Code / Title 37 / Chapter 3 / Section 21-6
Miss. Code Ann. § 37-21-6
Status: in_force

The Mississippi Early Childhood Education Program shall be the kindergarten program implemented by local school districts.
Miss. Code Ann. § 37-7-417 — MS Code / Title 37 / Chapter 6 / Section 7-417
Miss. Code Ann. § 37-7-417
Status: in_force

The various school districts of this state are authorized to enter into agreements between such school districts providing for the construction or operation of regional high school centers. Any such agreement shall be subject to the approval of the State Board of Education. Any such agreement may, among other provisions, provide for the method of financing the construction and operation of such facilities, the manner in which such facilities are to be controlled, operated and staffed, and the basis upon which students are to be admitted thereto and transportation provided for students in attendance therein. Any such agreement or any subsequent modification thereof shall be spread at large upon the minutes of each party thereto after having been duly adopted by the school board of each school district.

Such agreements may provide for the establishment of boards of trustees of such high school centers to be made up of representatives of the school boards of the school districts which may be parties thereto. Said school boards of the school districts to such agreement may delegate any and all powers of said trustees as may be necessary or desirable for the operation of any such regional high schools to the board of trustees of any such center so created, except for the power to request or require the levy of taxes or the power to issue or require the issuance of any bonds, notes or other evidences of indebtedness, or to call for an election on the question of the issuance thereof.
Miss. Code Ann. § 37-45-53 — MS Code / Title 37 / Chapter 13 / Section 45-53
Miss. Code Ann. § 37-45-53
Status: in_force

The beneficiary in all appeal bonds shall be the State of Mississippi. Said bonds shall secure the payment of the cost accruing in the proceeding, including the cost of appeal and the performance of any other acts required by the chancellor in granting of supersedeas appeal from any final rule, regulation or order of the commission.
Miss. Code Ann. § 37-140-3 — MS Code / Title 37 / Chapter 5 / Section 140-3
Miss. Code Ann. § 37-140-3
Status: in_force

(1) There is created the Mississippi School of the Arts, which shall be a residential school for eleventh and twelfth grade high school students located on the campus of Whitworth College in Brookhaven, Mississippi. The purpose of the school shall be to provide a more challenging educational experience for artistically talented and gifted students of the state to develop their full potential, including the teaching of humanities, creative writing, literature, theater, music, dance and visual arts, and the school's curriculum and admissions policies shall reflect that purpose.

(2) The 2001-2002 school year shall be the first year that the school shall admit students for enrollment, which shall be limited to students in the eleventh grade during the school's first year. Beginning with the 2002-2003 school year, the school shall enroll students in the eleventh and twelfth grades.
Miss. Code Ann. § 37-23-69 — MS Code / Title 37 / Chapter 3 / Section 23-69
Miss. Code Ann. § 37-23-69
Status: in_force

The State Department of Education may determine and pay the amount of the financial assistance to be made available to each applicant, and see that all applicants and the programs for them meet the requirements of the program for exceptional children. No financial assistance shall exceed the obligation actually incurred by the applicant for educational costs, which shall include special education and related services as defined by the Mississippi Department of Education Policies and Procedures Regarding Children with Disabilities under the federal Individuals with Disabilities Education Act (IDEA). Within the amount of available state funds for that purpose, each such applicant may receive assistance according to the following allowances:

(a) If the applicant chooses to attend a private school, a parochial school or a speech, hearing and/or language clinic having an appropriate program for the applicant, and if the school or clinic meets federal and state regulations, then the educational costs reimbursement will be one hundred percent (100%) of the first Six Hundred Dollars ($600.00) in educational costs charged by the school or clinic; or, if the applicant is under six (6) years of age, and no program appropriate for the child exists in the public schools of his domicile, then the reimbursement shall be one hundred percent (100%) of the first Six Hundred Dollars ($600.00) in educational costs charged by the school or clinic, and fifty percent (50%) of the next Eight Hundred Dollars ($800.00) in educational costs charged by the school or clinic;

(b) A public school district shall be reimbursed for the educational costs of an applicant up to an annual maximum based on a cost factor determined by the State Board of Education if the following conditions are met: (i) an applicant in the age range six (6) through twenty (20) requests the public school district where he resides to provide an education for him and the nature of the applicant's educational problem is such that, according to best educational practices, it cannot be met in the public school district where the child resides; (ii) the public school district decides to provide the applicant a free appropriate education by placing him in a private school, a parochial school or a speech, hearing and/or language clinic having an appropriate program for the applicant; (iii) the program meets federal and state regulations; and (iv) the applicant is approved for financial assistance by a State Level Review Board established by the State Board of Education. The Review Board will act on financial assistance requests within five (5) working days of receipt. Nothing in this paragraph shall prevent two (2) or more public school districts from forming a cooperative to meet the needs of low incidence exceptional children, nor shall the public school be relieved of its responsibility to provide an education for all children. If state monies are not sufficient to fund all applicants, there will be a ratable reduction for all recipients receiving state funds under this section. School districts may pay additional educational costs from available federal, state and local funds.

If an exceptional child, as defined in Section 37-23-3 , is placed in a therapeutic or other group home licensed or approved by the state that has no educational program associated with it, the local school district in which the home is located shall offer an appropriate educational program to that child.

At any time that the Individualized Education Program (IEP) Committee in the district where the home is located determines that an exceptional child, as defined in Section 37-23-3 , residing in that home can no longer be provided a free appropriate public education in that school district, and the State Department of Education agrees with that decision, then the State Department of Education shall recommend to the Department of Human Services placement of the child by the Department of Human Services, which shall take appropriate action. The placement of the exceptional child in the facility shall be at no cost to the local school district. Funds available under Sections 37-23-61 through 37-23-77 , as well as any available federal funds, may be used to provide the educational costs of the placement. If the exceptional child is under the guardianship of the Department of Human Services or another state agency, the State Department of Education shall pay only for the educational costs of that placement, and the other agency shall be responsible for the room, board and any other costs. The special education and related services provided to the child shall be in compliance with State Department of Education and any related federal regulations. The State Board of Education may promulgate regulations that are necessary to implement this section; and

(c) If an appropriate local or regional system of care, including a free appropriate public education, is available for exceptional children who are currently being served in out-of-district or Department of Human Services placements under paragraph (b) of this section or Section 37-23-77 , then the state funds from the State Department of Education that would have been used for those placements may be paid into a pool of funds with funds from other state agencies to be used for the implementation of the individualized plans of care for those children. If there are sufficient funds to serve additional exceptional children because of cost savings as a result of serving these students at home and/or matching the pooled funds with federal dollars, the funds may be used to implement individualized plans of care for those additional exceptional children. Each local or regional provider of services included in the individualized plans of care shall comply with all appropriate state and federal regulations. The State Board of Education may promulgate regulations that are necessary to implement this section.

The State Department of Education may also provide for the payment of that financial assistance in installments and for proration of that financial assistance in the case of children attending a school or clinic for less than a full school session and, if available funds are insufficient, may allocate the available funds among the qualified applicants and local school districts by reducing the maximum assistance provided for in this section.

Any monies provided an applicant under Sections 37-23-61 through 37-23-75 shall be applied by the receiving educational institution as a reduction in the amount of the educational costs paid by the applicant, and the total educational costs paid by the applicant shall not exceed the total educational costs paid by any other child in similar circumstances enrolled in the same program in that institution. However, this limitation shall not prohibit the waiving of all or part of the educational costs for a limited number of children based upon demonstrated financial need, and the State Department of Education may adopt and enforce reasonable rules and regulations to carry out the intent of these provisions.
Miss. Code Ann. § 37-101-279 — MS Code / Title 37 / Chapter 9 / Section 101-279
Miss. Code Ann. § 37-101-279
Status: in_force

(1) If a borrower defaults on an educational loan or scholarship, the Attorney General of the State of Mississippi shall bring suit against the defaulting party as soon as practicable.

(2) A suit against a defaulting party under this section may be brought in the county in which the defaulting person resides, in which the lender is located, or in any Hinds County court.
Miss. Code Ann. § 37-29-407 — MS Code / Title 37 / Chapter 4 / Section 29-407
Miss. Code Ann. § 37-29-407
Status: in_force

The president of the junior college shall have the power to recommend to the trustees all teachers to be employed and he may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers.

The president shall have the authority, subject to the provisions of Sections 37-29-401 thorugh 37-29-437 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.
Miss. Code Ann. § 37-63-8 — MS Code / Title 37 / Chapter 9 / Section 63-8
Miss. Code Ann. § 37-63-8
Status: in_force

The Authority shall have the authority, with the assistance and approval of the State Personnel Board, to implement extern training programs for its employees and contract with private sector businesses for such training. The training programs shall be available, at the discretion of the Authority and the Executive Director, to employees who have served with the agency for one (1) year or more. The salary of the employees may be paid by the Authority while the employee is receiving such training. No training shall be in excess of three (3) months and forty (40) hours per week. Any employee participating in such extern training program shall be required to remain employed with the Authority for a period of one (1) year following completion of the training period. Any person leaving the employment of the Authority prior to the completion of the required one (1) year period shall be liable for the salary and fringe benefits expended for the employee during the training period.
Miss. Code Ann. § 37-27-59 — MS Code / Title 37 / Chapter 12 / Section 27-59
Miss. Code Ann. § 37-27-59
Status: in_force

Except as provided in Sections 37-27-51 through 37-27-57 , all laws of the State of Mississippi relative to the operation and government of schools shall be applicable to pupils attending agricultural high schools or junior colleges under the provisions of said sections.
Miss. Code Ann. § 37-7-111 — MS Code / Title 37 / Chapter 4 / Section 7-111
Miss. Code Ann. § 37-7-111
Status: in_force

When any school district is abolished or altered under the provisions of this article, the abolition or alteration thereof shall not impair or release the property of such school district from liability for the payment of the bonds or other indebtedness of such district and it shall be the duty of the board of supervisors of said county to levy taxes on the property of said district so abolished or altered from year to year according to the terms of such indebtedness until same shall be fully paid. No existing school district shall be abolished unless the territory comprising such district shall be annexed to another district in the same order abolishing the former district.
Miss. Code Ann. § 37-7-359 — MS Code / Title 37 / Chapter 1 / Section 7-359
Miss. Code Ann. § 37-7-359
Status: in_force

Any school district which shall execute a lease rental contract under the provisions of Section 37-7-301(v) after June 30, 1987 or in connection with a sale-leaseback or lease-leaseback arrangement authorized under the provisions of Section 37-7-355 shall annually appropriate sufficient monies to pay the lease rentals stipulated to be paid by such school district in the lease contract and/or lease purchase agreement, which lease contract and/or lease-purchase agreement shall constitute a general obligation of the school district. Any lease contracts entered into under the authority granted by Section 37-7-301(v) or 37-7-351 through 37-7-359 shall not be considered bonded indebtedness for purposes of the limitations of indebtedness contained in Sections 37-59-5 and 37-59-7 and shall not be subject to such limitations. Any millage being initially levied on or before July 1, 1991, to fund leases under this section shall remain in force until such time as the lease term has expired and the school district has fulfilled all of its obligations thereafter.
Miss. Code Ann. § 37-151-93 — MS Code / Title 37 / Chapter 3 / Section 151-93
Miss. Code Ann. § 37-151-93
Status: in_force

(1) Legally transferred students going from one school district to another shall be counted for total funding formula allotments by the school district wherein the pupils attend school, but shall be counted for transportation allotment purposes in the school district which furnishes or provides the transportation. The school boards of the school districts which approve the transfer of a student under the provisions of Section 37-15-31 shall enter into an agreement and contract for the payment or nonpayment of any portion of their local maintenance funds which they deem fair and equitable in support of any transferred student. Except as provided in subsection (2) of this section, local maintenance funds shall be transferred only to the extent specified in the agreement and contract entered into by the affected school districts. The terms of any local maintenance fund payment transfer contract shall be spread upon the minutes of both of the affected school district school boards. The school district accepting any transfer students shall be authorized to accept tuition from such students under the provisions of Section 37-15-31(1) and such agreement may remain in effect for any length of time designated in the contract. The terms of such student transfer contracts and the amounts of any tuition charged any transfer student shall be spread upon the minutes of both of the affected school boards. No school district accepting any transfer students under the provisions of Section 37-15-31(2) , which provides for the transfer of certain school district employee dependents, shall be authorized to charge such transfer students any tuition fees.

(2) Local maintenance funds shall be paid by the home school district to the transferee school district for students granted transfers under the provisions of Sections 37-15-29(3) and 37-15-31(3) , not to exceed the student base amount, as defined in Section 37-151-201 , multiplied by the number of such legally transferred students.
Miss. Code Ann. § 37-155-111 — MS Code / Title 37 / Chapter 15 / Section 155-111
Miss. Code Ann. § 37-155-111
Status: in_force

(1) There is created a Mississippi Affordable College Savings Trust Fund as an instrumentality of the state to be administered by the Treasury Department. The MACS Trust Fund shall consist of state appropriations, monies acquired from other governmental or private sources and money remitted in accordance with savings trust agreements and shall receive and hold all payments, contributions and deposits intended for it as well as gifts, bequests, endowments or federal, state or local grants and any other public or private source of funds and all earnings on the fund until disbursed as provided under this section. The amounts on deposit in the trust fund shall not constitute property of the state. Amounts on deposit in the trust fund may not be commingled with state funds, and the state may have no claim to or interest in such funds. Savings trust agreements or any other contract entered into by or on behalf of the trust do not constitute a debt or obligation of the state, and no account owner is entitled to any amounts except for those amounts on deposit in or accrued to their account.

The MACS Trust Fund shall continue in existence as long as it holds any funds belonging to an account owner or otherwise has any obligations to any person or entity until its existence is terminated by the Legislature and remaining assets on deposit in the fund are returned to account owners or transferred to the state in accordance with unclaimed property laws.

(2) There are created the following three (3) separate accounts within the MACS Trust Fund: (a) the administrative account; (b) the endowment account; and (c) the program account. The administrative account shall accept, deposit and disburse funds for the purpose of administering and marketing the program. The endowment account shall receive and deposit accounts received in connection with the sales of interests in the MACS Trust Fund other than amounts for the administrative account and other than amounts received pursuant to a savings trust agreement. Amounts on deposit in the endowment account may be applied as specified by the board for any purpose related to the program or to otherwise assist Mississippi residents to attain a postsecondary education. The program account shall receive, invest and disburse amounts pursuant to savings trust agreements.

(3) The official location of the trust fund shall be the State of Mississippi Treasury Department, and the facilities of the Treasury Department shall be used and employed in the administration of the fund, including, but without limitation to, the keeping of records, the management of bank accounts and other investments, the transfer of funds and the safekeeping of securities evidencing investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities.

(4) Payments received by the board on behalf of beneficiaries from account owners, other payors or from any other source, public or private, shall be placed in the trust fund, and the board shall cause there to be maintained separate records and accounts for individual beneficiaries, as may be required under Section 529 of the Internal Revenue Code of 1986 , as amended, and any other applicable federal law.

(5) Account owners and any other payors or contributors shall be permitted only to contribute cash or any other form of payment or contribution as is permitted under Section 529 of the Internal Revenue Code of 1986 , as amended, and approved by the board. The board shall cause the program to maintain adequate safeguards against contributions in excess of what may be required for qualified higher education expenses. The MACS Trust Fund, through the Treasurer, may receive and deposit into the trust fund any gift of any nature, real or personal property, made by an individual by testamentary disposition, including, without limitation, any specific gift or bequeath made by will, trust or other disposition to the extent permitted under Section 529 of the Internal Revenue Code of 1986 , as amended. The MACS Trust Fund may receive amounts transferred from an UGMA, UTMA or other account established for the benefit of a minor if the trust beneficiary of such an account is identified as the legal owner of the MACS Trust Fund account upon attaining majority age.

(6) The account owner retains ownership of all amounts on deposit in his or her account with the program up to the date of distribution on behalf of a designated beneficiary. Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions, except as applied for purposes of the designated beneficiary and for purposes of maintaining and administrating the program as provided in this article. Amounts on deposit in an account owner's account shall be available for expenses and penalties imposed by the board for the program as disclosed in the savings trust agreement.

(7) The MACS Trust Fund shall constitute a fund of an instrumentality of the state, and its property and income shall be exempt from all taxation by the state and by all of its political subdivisions.

(8) The assets of the MACS Trust Fund shall be preserved, invested and expended solely pursuant to and for the purposes of this article and shall not be loaned or otherwise transferred or used by the state for any other purpose.
Miss. Code Ann. § 37-23-141 — MS Code / Title 37 / Chapter 14 / Section 23-141
Miss. Code Ann. § 37-23-141
Status: in_force

(1) The State Department of Education shall promulgate the necessary rules and regulations to establish a mediation system which, at a minimum, shall be available whenever a due process hearing under IDEA is requested. The mediation system shall allow parties the opportunity to resolve such disputes involving any matter relating to the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to such child.

(2) The State Department of Education shall ensure that the mediation process is:

(a) Voluntary on the part of the parties;

(b) Not used to deny or delay a parent's right to a due process hearing under IDEA or to deny any other rights afforded under IDEA; and

(c) Conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

(3) The State Department of Education may establish procedures to require parents who choose not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with a parent training and information center or community parent resource center in the state established under IDEA, or an appropriate alternative dispute resolution entity. The purpose of the meeting is to encourage the use, and explain the benefits, of the mediation process to the parents.

(4) The State Department of Education shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.

(5) The state shall bear the cost of the mediation process, including the costs of all meetings described in this section.

(6) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties in dispute.

(7) An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.

(8) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process.
Miss. Code Ann. § 37-23-73 — MS Code / Title 37 / Chapter 6 / Section 23-73
Miss. Code Ann. § 37-23-73
Status: in_force

In the event of disapproval by the state department of education of an application for financial assistance payable from department funds, the department shall give notice to the applicant, through the parent or guardian of, or person standing in loco parentis to, the applicant, or to the public school district, by certified mail. Any applicant, through the parent or guardian of, or the person standing in loco parentis to, the applicant, or to the public school district, may, within ten (10) days after receipt of such notice, apply to the state board of education for a hearing, and shall be given a prompt and fair hearing on the question of entitlement to such financial assistance. The board shall render prompt decision upon such hearing. If the board shall affirm the previous action of disapproval of the application, notice shall be given to the applicant, through the parent or guardian of, or the person standing in loco parentis to, the applicant, or to the public school district, by certified mail. Any applicant aggrieved by the action of the board may, through the parent or guardian of, or the person standing in loco parentis to, the applicant or to the public school district within ten (10) days after receipt of such notice, file a petition in the chancery court of the county in which applicant resides for a hearing in the matter on all questions of fact and of law. The petition shall be served upon the state superintendent of public education. Within thirty (30) days after service of the petition, the board shall prepare and deposit a certified transcript of the record in the case in the office of the clerk of the court, which record shall include a copy of the application and any official findings, orders and rulings of the board in the case. The state board of education shall have thirty (30) days after the service of the petition within which to appear and file exceptions, answers or other pleadings. Additional time for preparation of the certified transcript of the record and for appearing and filing exceptions, answers or other pleadings may be granted to the board by order of the court. The court, after considering the law, the pleadings and such evidence as may be adduced in the case, may modify, affirm or reverse the findings of the board and make, issue and enter its judgment accordingly. Appeal from any such judgment shall be subject to the procedures applicable to appeals in ordinary civil actions.
Miss. Code Ann. § 37-7-219 — MS Code / Title 37 / Chapter 3 / Section 7-219
Miss. Code Ann. § 37-7-219
Status: in_force

(1) For the purpose of holding such an election, it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district who are eligible to participate in the election. The list shall be furnished to the election managers in each precinct, together with the ballots and other election supplies.

(2) In the event that any election precinct embraces parts of two (2) or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in the precinct and who are eligible to participate in the election. The election commissioners shall furnish to the election managers in the precinct separate ballots and separate ballot boxes and separate voting lists for each school district.

(3) For each day spent in carrying out the provisions of Sections 37-7-211 through 37-7-219 , the county election commissioners shall be paid at the rate prescribed by law.
Miss. Code Ann. § 37-27-73 — MS Code / Title 37 / Chapter 1 / Section 27-73
Miss. Code Ann. § 37-27-73
Status: in_force

The board of trustees of any such agricultural high school borrowing money pursuant to the authority granted in Section 37-27-69 , is hereby authorized and empowered to fix, maintain and collect fees, rentals and other charges to be paid by students, faculty members and others using, housed in or being served by any building or other housing facility erected or established under the terms and provisions of said section. All such fees, rentals and other charges shall be paid into the debt retirement fund specified in Section 37-27-71 and shall be pledged for the prompt repayment of any and all indebtedness, whether of principal or interest, incurred under the provisions of said section. Nothing in Sections 37-27-69 through 37-27-75 shall be construed to authorize the levying or imposition of any taxes in excess of the limits and amounts which are now or may hereafter be provided by law.
Miss. Code Ann. § 37-151-67 — MS Code / Title 37 / Chapter 1 / Section 151-67
Miss. Code Ann. § 37-151-67
Status: in_force

For purposes of Sections 37-151-63 through 37-151-75 , the following words and phrases shall have the meanings respectively ascribed in this section unless the context clearly indicates otherwise:

(a) “State council” means the Mississippi Work Force Development Advisory Council; and

(b) “District councils” means the District Work Force Development Councils. 1
Miss. Code Ann. § 37-151-25 — MS Code / Title 37 / Chapter 14 / Section 151-25
Miss. Code Ann. § 37-151-25
Status: in_force

There is hereby created in the State Treasury a special fund to be designated as the “Tech-Prep Fund.” Any unexpended balance in said fund at the end of the fiscal year shall carry over to the succeeding fiscal year and shall not lapse into the State General Fund. The fund shall be credited with any funds appropriated by the Legislature for the implementation of the Tech-Prep program in Grades 7-12 and in the public community colleges and junior colleges through approved programs and from the proceeds of bonds issued under Sections 31 through 51 of Laws, 1997, Chapter 612, and shall be allocated to school districts by the State Board of Education for the following purposes:

(a) Equip labs for hands-on: Career Discovery Course in the 7th grade, Computer Discovery Course in the 8th grade, and Technology Discovery Course in the 9th grade;

(b) Implement application based teaching methodology in existing academic courses;

(c) Develop and implement articulation, integration and sequential course study plans in Vocational and Academic courses;

(d) Administer Occupational Tests;

(e) Implement and Update Career/Educational Plans for each student;

(f) Implement Career Centers for each school;

(g) To provide equipment upgrades to meet technology demands, staff development and teaching materials to implement application based methodology for each of the community college sites.

The State Department of Education is authorized to escalate spending authority based upon the proceeds of bonds issued under Sections 31 through 51 of Laws, 1997, Chapter 612.

No community or junior college shall deny admittance into its Tech-Prep program funded under this section to any student who has graduated from high school with a qualifying grade point average, regardless of the curriculum or course work completed by the student.
Miss. Code Ann. § 37-145-55 — MS Code / Title 37 / Chapter 13 / Section 145-55
Miss. Code Ann. § 37-145-55
Status: in_force

The bonds may be secured by an indenture by and between the company and a corporate trustee which may be any bank or other corporation having the power of a trust company or any trust company within or without this state. Such indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the company in relation to the exercise of its powers.
Miss. Code Ann. § 37-145-29 — MS Code / Title 37 / Chapter 15 / Section 145-29
Miss. Code Ann. § 37-145-29
Status: in_force

The State Bond Commission shall sell such bonds in the manner and at a price which will result in the lowest interest rate on the best terms obtainable for the state, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one (1) time not less than ten (10) days prior to the date of sale and shall be so published in one or more newspapers having a general circulation in the City of Jackson and in one or more other newspapers or financial journals as may be directed by the State Bond Commission.
Miss. Code Ann. § 37-148-3 — MS Code / Title 37 / Chapter 1 / Section 148-3
Miss. Code Ann. § 37-148-3
Status: in_force

As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ College ” means the state institutions of higher learning in Mississippi which are accredited by the Southern Association of Colleges and Schools.

(b) “ Investor ” means a natural person, partnership, limited liability company, association, corporation, business trust or other business entity, not formed for the specific purpose of acquiring the rebate offered, which is subject to Mississippi income tax. The term “investor” does not include any medical cannabis establishment as defined in the Mississippi Medical Cannabis Act.

(c) “ Qualified research ” means the systematic investigative process that is undertaken for the purpose of discovering information. The term “ qualified research ” does not include research conducted outside the State of Mississippi or research expenses that are already being funded by any grant, contract or otherwise by another person or governmental entity.

(d) “ Research agreement ” means a written contract, grant or cooperative agreement entered into between a person and a college or research corporation for the performance of qualified research. All qualified research costs generating a SMART Business Rebate must be spent by the college or research corporation on qualified research undertaken according to a research agreement.

(e) “ Research corporation ” means any research corporation formed under Section 37-147-15 if the corporation is wholly owned by or affiliated with a college and all income and profits of the corporation inure to the benefit of the college.

(f) “ Qualified research costs ” means costs paid or incurred by an investor to a college or research corporation for qualified research undertaken according to a research agreement.

(g) “ State ” means the State of Mississippi or a governmental entity of the State of Mississippi.

(h) “ IHL ” means the Board of Trustees of State Institutions of Higher Learning in Mississippi.

(i) “ SMART Business ” means Strengthening Mississippi Academic Research Through Business.

(j) “ Applicant ” means a college or research corporation applying for SMART Business Accelerate Initiative funds to develop state-owned intellectual property into products and services.

(k) “ Qualified validation expense ” includes, but is not limited to, services that accelerate the development of early product concepts, conducting proof-of-concept studies, and manufacturing prototypes to perform research validation. Qualified validation expense does not include salaries or wages associated with a licensee of state-owned intellectual property, legal fees or any payment in conflict with state law.

(l) “ Research validation ” means research intended to validate the commercial viability of state-owned intellectual property.

(m) “ Disbursement ” means a grant of funds to support research validation.
Miss. Code Ann. § 37-65-1 — MS Code / Title 37 / Chapter 13 / Section 65-1
Miss. Code Ann. § 37-65-1
Status: in_force

In addition to all other power and authority which may now be vested in the governor of the State of Mississippi by its constitution and statutes, or either, and any power or authority which may be vested in him by common law as governor as such, the governor of the State of Mississippi is hereby vested with the authority to close any one or more or all schools in any school, agricultural high school, or junior college district, or to close any institution of higher learning in the State of Mississippi when, in his discretion, he determines such closure to be to the best interest of a majority of the educable children of any public school district, or to the best interest of a majority of the children or persons eligible to attend any agricultural high school or agricultural high school and junior college district, or to the best interest of any institution of higher learning, or to the best interest of a majority of the persons or children enrolled in any such school or schools, or any agricultural high school or agricultural high school and junior college, or any institution of higher learning. The governor as such is also vested with such supplemental and additional authority to close any one or more or all of said public schools in any such school district, or agricultural high school district, or agricultural high school and junior college district when, in his discretion, he determines such closure will promote or preserve the public peace, order, or tranquility of such district or districts and as such governor he is also vested with the authority to close any one or more or all of said institutions of higher learning when, in his discretion, he determines such closure will promote or preserve the public peace, order, or tranquility in and of such institutions, or the community in which such may be situated or in or of the State of Mississippi.
Miss. Code Ann. § 37-103-1 — MS Code / Title 37 / Chapter 11 / Section 103-1
Miss. Code Ann. § 37-103-1
Status: in_force

The board of trustees of each junior college in this state, the board of trustees of state institutions of higher learning, and the administrative authorities of each institution governed by said boards, in ascertaining and determining the legal residence of and tuition to be charged any student applying for admission to such institutions shall be governed by the definitions and conditions set forth in Sections 37-103-1 through 37-103-23 .
Miss. Code Ann. § 37-59-37 — MS Code / Title 37 / Chapter 11 / Section 59-37
Miss. Code Ann. § 37-59-37
Status: in_force

The school board of any school district shall have the power and authority to borrow money for the anticipated current year's expenses of such school district in anticipation of the collection of ad valorem taxes and other revenues of such school district for the then current fiscal year. The money so borrowed shall bear interest at a rate not greater than that allowed in Section 75-17-105 and shall be repaid within fourteen (14) months from the date of such borrowing out of the taxes and revenues in anticipation of which such money is borrowed. Such money shall be used for no other purpose than the payment of the current year's expenses of such school district. Pending the expenditure of funds borrowed under the provisions of this section, such funds may be invested in any manner in which any school district, municipality, county, state agency or other public body may invest surplus funds.

The amount borrowed under the provisions of this section shall in no event exceed the estimated amount of taxes and revenues collected or to be collected during the last preceding fiscal year, unless the tax levy for the current fiscal year has been made, then the amount borrowed under the provisions of this section shall in no event exceed the estimated amount of taxes and revenues collected or to be collected during the current fiscal year. Revenue anticipation notes issued under the provisions of this section shall be issued within the same fiscal year during which the tax levy is or will be made and other revenues received which it is anticipated will produce the funds from which the said notes will be repaid.

In borrowing money under the provisions of this section, it shall not be necessary to publish notice of intention so to do or to secure the consent of the qualified electors of such school district, either by election or otherwise. Such borrowing shall be authorized by order or resolution of the school board and may be evidenced by negotiable note or notes, signed and executed in such form as may be prescribed in such order or resolution. Such note or notes may be sold at a negotiated sale. Money may be borrowed in anticipation of ad valorem taxes and other revenues under the provisions of this section, regardless of whether or not such borrowing shall create an indebtedness in excess of statutory limitations.

Money may likewise be borrowed by any such school district, as herein provided, for the purpose of paying current interest maturities on any bonded indebtedness of such school district in anticipation of the collection of taxes for the retirement of such bonded indebtedness and the payment of any interest thereon.
Miss. Code Ann. § 37-29-107 — MS Code / Title 37 / Chapter 3 / Section 29-107
Miss. Code Ann. § 37-29-107
Status: in_force

Subject to the approval of the Mississippi Community College Board, the boards of trustees of junior college districts are hereby authorized and empowered to contract with and borrow money from the United States of America, or any department, instrumentality, agency or agencies thereof, as may be designated or created to make loans or grants, or from private lenders, for the purpose of acquiring land for, and erecting, repairing, remodeling, maintaining, adding to, extending, improving, equipping or acquiring dormitories with or without dining facilities, dwellings or apartments to be located at or near the campuses of such junior colleges, for the use of students, faculty members or officers or employees thereof. The said boards are hereby authorized to supervise the contracting for and the construction and equipping of all facilities constructed and financed hereunder.
Miss. Code Ann. § 37-101-355 — MS Code / Title 37 / Chapter 6 / Section 101-355
Miss. Code Ann. § 37-101-355
Status: in_force

State agencies, political subdivisions and local governmental entities of the State of Mississippi are authorized to pay from available funds reasonable fees and tuition for their executives, officials and employees to attend an authorized executive institute pursuant to Section 37-101-351 .
Miss. Code Ann. § 37-13-85 — MS Code / Title 37 / Chapter 1 / Section 13-85
Miss. Code Ann. § 37-13-85
Status: in_force

The Office of Compulsory School Attendance Enforcement shall have the following powers and duties, in addition to all others imposed or granted by law:

(a) To establish any policies or guidelines concerning the employment of school attendance officers which serve to effectuate a uniform system of enforcement under the Mississippi Compulsory School Attendance Law throughout the state, and to designate the number of school attendance officers which shall be employed to serve in each school district area;

(b) To supervise and assist school attendance officer supervisors in the performance of their duties;

(c) To establish minimum standards for enrollment and attendance for the state and each individual school district, and to monitor the success of the state and districts in achieving the required levels of performance;

(d) To provide to school districts failing to meet the established standards for enrollment and attendance assistance in reducing absenteeism or the dropout rates in those districts;

(e) To establish any qualifications, in addition to those required under Section 37-13-89 , for school attendance officers as the office deems necessary to further the purposes of the Mississippi Compulsory School Attendance Law;

(f) To develop and implement a system under which school districts are required to maintain accurate records that document enrollment and attendance in such a manner that the records reflect all changes in enrollment and attendance, and to require school attendance officers to submit information concerning public school attendance on a monthly basis to the office;

(g) To prepare the form of the certificate of enrollment required under the Mississippi Compulsory School Attendance Law and to furnish a sufficient number of the certificates of enrollment to each school attendance officer in the state;

(h) To provide to the State Board of Education statistical information concerning absenteeism, dropouts and other attendance-related problems as requested by the State Board of Education;

(i) To provide for the certification of school attendance officers;

(j) To provide for a course of training and education for school attendance officers, and to require successful completion of the course as a prerequisite to certification by the office as school attendance officers;

(k) To adopt any guidelines or policies the office deems necessary to effectuate an orderly transition from the supervision of school attendance officers by district attorneys to the supervision by the school attendance officer supervisors;

(l) Beginning on July 1, 1998, to require school attendance officer supervisors to employ persons employed by district attorneys before July 1, 1998, as school attendance officers without requiring such persons to submit an application or interview for employment with the State Department of Education;

(m) To adopt policies or guidelines linking the duties of school attendance officers to the appropriate courts, law enforcement agencies and community service providers; and

(n) To adopt any other policies or guidelines that the office deems necessary for the enforcement of the Mississippi Compulsory School Attendance Law; however, the policies or guidelines shall not add to or contradict with the requirements of Section 37-13-91 .
Miss. Code Ann. § 37-153-203 — MS Code / Title 37 / Chapter 3 / Section 153-203
Miss. Code Ann. § 37-153-203
Status: in_force

(1) The Mississippi Legislature finds that:

(a) The public health crisis related to COVID-19 resulted in a general disruption in the Mississippi economy and workforce, particularly in hospitals, clinics, long-term care facilities and other health care facilities across the state;

(b) Workforce shortages exist in the health care industry; and

(c) The availability of unprecedented federal funding to mitigate the impact of COVID-19 on the workforce and economy has created a unique opportunity for the office, working with community colleges, to provide education and training to help Mississippians find employment in the nursing, allied health and other health care fields, including paramedics.

(2) Therefore, the intent of the Mississippi Legislature is:

(a) To provide funding for outreach efforts to connect citizens seeking employment in nursing, allied health, and other health care fields, including paramedics, with the education and training required to obtain necessary skills for relevant employment in the state;

(b) To provide funding for new and increased capacity in existing nursing and allied health training programs, including accredited paramedic programs, or to help retain and graduate nursing and allied health students, including students in an accredited paramedic program, to include any required equipment or supplies, at community and junior colleges or through other entities facilitating healthcare-focused workforce training programs across the state;

(c) To provide funding for new and increased capacity in physician residency and fellowship programs in hospitals across the state; and

(d) To gauge the effectiveness of these programs by gathering data related to participation and wage and employment outcomes in order to replicate successful efforts in future workforce development programs.
Miss. Code Ann. § 37-104-19 — MS Code / Title 37 / Chapter 9 / Section 104-19
Miss. Code Ann. § 37-104-19
Status: in_force

After the determination that the private institution of higher learning shall reasonably be expected to produce sufficient revenue over a period of twenty-five (25) years to pay the revenue bonds issued for the financing or refinancing of the educational facility project, as well as the interest on the revenue bonds and a reasonable sum for maintenance, renewal and replacement, has been made by the Authority, and before the issuance of the revenue bonds, the private institution of higher learning shall enter into a bond loan agreement with the Authority for the purposes of: (a) establishing the terms for the payment of the revenue bonds by the participating private institution of higher learning; (b) establishing the collateral of the participating private institution of higher learning which the parties determine to be necessary to secure the payment of the revenue bonds; (c) establishing the terms for the payment by the Authority to the participating private institution of higher learning of the proceeds from the sale of the revenue bonds for the payment of the costs of the educational facilities project by the participating private institution of higher learning; and (d) setting forth all other matters relating to the revenue bonds.

The bond loan agreement shall also provide that, for as long as the participating private institution of higher learning, or any voluntary grantee of the participating private institution of higher learning, shall own the educational facility which is the subject of the educational facility project, or any part thereof, said educational facility, or any part thereof, shall not be used for sectarian instruction or as a place of religious worship, or used in connection with any part of the program of a school or department of divinity of any religious denomination or sect. This provision shall hereinafter be referred to as “the sectarian use provision” of the bond loan agreement. The bond loan agreement shall set forth the legal description of the real property of the educational facility and the bond loan agreement shall be recorded by the participating private institution of higher learning in the land records of the county (or the applicable judicial district of a county) in which the educational facility is located or is to be located. The bond loan agreement may be recorded in its full text or in a short form evidencing: (a) the names and addresses of the parties; (b) the date of the bond loan agreement; (c) the legal description of the educational facility; (d) a brief summary of the subject matter of the bond loan agreement; and (e) the full text of the sectarian use provision of the bond loan agreement.

The participating private institution of higher learning shall also execute to the Authority, for the benefit of the State of Mississippi, all instruments necessary to perfect in the State of Mississippi a lien or security interest or both, which are first in priority over all other liens and security interests, in the collateral property of the participating private institution of higher learning identified in the bond loan agreement. All such instruments shall contain the full text of the sectarian use provision of the bond loan agreement.
Miss. Code Ann. § 37-23-131 — MS Code / Title 37 / Chapter 1 / Section 23-131
Miss. Code Ann. § 37-23-131
Status: in_force

The department, in implementing the provisions of Sections 37-23-121 through 37-23-131 , shall have the following duties:

(a) To establish in various areas of the state, the location and size of which shall be determined by the department, a team of full-time, qualified professional persons trained, individually or collectively, in such disciplines as psychology, speech and hearing, special education, educational evaluation, and social work. One team shall be provided for each area, and shall render diagnostic evaluation, and related services to all children who are being considered for possible or continued placement in educational programs for exceptional children.

(b) To contract for or purchase services of clinical and medical specialists, including, but not limited to, pediatricians, neurologists and psychiatrists, when such services of specialists are needed and not available from members of a team.

(c) To provide for consultation with school personnel, parents and agencies concerned with exceptional children and to serve as resource personnel to which such persons and agencies may consult for assistance in solving problems related to diagnosis and evaluation of exceptional children.

(d) To provide personnel to serve as a resource in programs of preservice and inservice training of teachers.

(e) To disseminate information to the public with regard to exceptional children.
Miss. Code Ann. § 37-65-121 — MS Code / Title 37 / Chapter 1 / Section 65-121
Miss. Code Ann. § 37-65-121
Status: in_force

A signed duplicate original copy or a photostatic or other reproduced copy, not a hand or typewritten copy, of the petition or petitions provided for in Section 37-65-119 , shall be sent by registered or certified mail to the state superintendent of public education on the day when one such copy shall have been filed with or delivered to the president or secretary of the board of trustees to which such petitions be directed. Such copy or copies above mentioned may be transmitted to the state superintendent of public education by the person or persons filing or delivering same to said president or secretary of said board of trustees and shall be accompanied by the oath of such person or persons as to such facts and the date or dates on which such action was done. If such is not done the original petition shall have no validity.

All duplicate original signed copies or other copy or copies of said petitions, as hereinabove provided for, shall be preserved for not less than one calendar year from the date of said filing and same shall be public records.
Miss. Code Ann. § 37-29-269 — MS Code / Title 37 / Chapter 11 / Section 29-269
Miss. Code Ann. § 37-29-269
Status: in_force

Nothing in Sections 37-29-1 through 37-29-273 shall be construed to repeal any statute relating to county agricultural high schools, and it is expressly provided that such schools may be operated in conjunction with junior colleges. However, when so operated they shall be under control of the president and boards of trustees of the junior college districts.

Any agricultural high school which is not located on or adjacent to an existing junior college shall continue to be operated as heretofore and shall in no way be affected by the provisions of Sections 37-29-1 through 37-29-273 .

When a junior college through the agricultural high school provides high school facilities of any school district, then the pupils from that district may be enumerated as other pupils in the common schools and the school district or county superintendent may pay to the junior college tuition such as determined by the state department of education for any other schools, and no agricultural high school funds shall be disbursed for pupils for whom such tuition is paid.
Miss. Code Ann. § 37-177-19 — MS Code / Title 37 / Chapter 12 / Section 177-19
Miss. Code Ann. § 37-177-19
Status: in_force

(1) The State Board of Education shall adopt such policies, rules and regulations as may be necessary for the implementation of this chapter.

(2) The State Department of Education shall provide such technical assistance and training of teachers/administrators as may be needed to aid local school districts in administering the provisions of this chapter.

(3) Each local school district must include provisions required by this chapter as an addition to the district's published handbook of policy for employees and students beginning in school year 2013-2014.
Miss. Code Ann. § 37-24-5 — MS Code / Title 37 / Chapter 4 / Section 24-5
Miss. Code Ann. § 37-24-5
Status: in_force

Each local board of education, administration of a nonpublic school, and governing body of a charter school shall adopt and implement a concussion management and return to play policy that includes the following components:

(a) Parents or guardians shall receive and sign a copy of the concussion policy before the start of the regular school athletic event season.

(b) An athlete who reports or displays any symptoms or signs of a concussion in a practice or game setting shall be removed immediately from the practice or game. The athlete shall not be allowed to return to the practice or game for the remainder of the day regardless of whether the athlete appears or states that he or she is normal.

(c) The athlete shall be evaluated by a health care provider working within the provider's scope of practice.

(d) If an athlete has sustained a concussion, the athlete shall be referred to a licensed physician, preferably one with experience in managing sports concussion injuries.

(e) The athlete who has been diagnosed with a concussion shall be returned to play only after full recovery and clearance by a health care provider.

(f) An athlete shall not return to a competitive game before demonstrating that he or she has no symptoms in a full supervised practice.

(g) Athletes shall not continue to practice or return to play while still having symptoms of a concussion.
Miss. Code Ann. § 37-31-41 — MS Code / Title 37 / Chapter 3 / Section 31-41
Miss. Code Ann. § 37-31-41
Status: in_force

All funds made available for carrying out the provisions of Sections 37-31-31 through 37-31-41 shall be paid by the state treasurer on warrants drawn therefor by the state auditor on requisitions of the state superintendent of public education.
Miss. Code Ann. § 37-33-203 — MS Code / Title 37 / Chapter 12 / Section 33-203
Miss. Code Ann. § 37-33-203
Status: in_force

Sections 37-33-203 through 37-33-223 shall be known as the “Special Disability Programs Law of Mississippi.”
Miss. Code Ann. § 37-45-45 — MS Code / Title 37 / Chapter 6 / Section 45-45
Miss. Code Ann. § 37-45-45
Status: in_force

The schedule of cost in the chancery courts of this state shall apply, where applicable, to the cost accruing or incurred in the proceedings before the commission.

The cost of the services of said reporter and any other cost provided for in this chapter shall be taxed as a part of the cost of any hearing before the commission. All costs paid to any employee of the commission and all costs collected by the commission and not required to be paid to some person by the terms of this chapter shall be paid into the treasury of the State of Mississippi.
Miss. Code Ann. § 37-173-13 — MS Code / Title 37 / Chapter 6 / Section 173-13
Miss. Code Ann. § 37-173-13
Status: in_force

(1) The maximum scholarship granted per eligible student with dyslexia shall be an amount equivalent to the student base amount under the total funding formula provided in Sections 37-151-200 through 37-151-215 .

(2)(a) The nonpublic school under this program shall report to the State Department of Education the number of students with dyslexia who are enrolled in nonpublic schools on the Mississippi Dyslexia Therapy Scholarships as of September 30 of each year in order to determine funding for the subsequent year. Funds may not be transferred from any funding provided to the Mississippi School for the Deaf and the Blind for program participants who are eligible under Section 37-173-5 .

(b) The State Department of Education will disburse payments to nonpublic schools under this program in twelve (12) substantially equal installments. The initial payment shall be made after department verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the nonpublic school.
Miss. Code Ann. § 37-101-311 — MS Code / Title 37 / Chapter 4 / Section 101-311
Miss. Code Ann. § 37-101-311
Status: in_force

All bonds and interest coupons issued under the provisions of Sections 37-101-301 through 37-101-331 shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code and in exercising the powers granted by Sections 37-101-301 through 37-101-331 , the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.
Miss. Code Ann. § 37-15-8 — MS Code / Title 37 / Chapter 12 / Section 15-8
Miss. Code Ann. § 37-15-8
Status: in_force

The superintendent of the school district shall have the authority, with the approval of the school board of the school district spread upon its minutes, to dispose of the following records:

(a) After five (5) years:

(1) Bank statements;

(2) Cancelled warrants and pay certificates;

(3) School board paid bills;

(4) Bids received, either accepted or rejected, for supplies, materials, equipment and construction;

(5) Depository receipt warrants;

(6) School board claims dockets, where claims are recorded on the minutes of the board;

(7) Original of school board's orders after such orders have been recorded in the minute book;

(8) Cancelled bonds and coupons;

(9) Tax collector's reports of tax collection to superintendent of schools;

(10) Transportation records.

(b) After three (3) years:

(1) Teacher contracts, computed from the expiration date thereof;

(2) Bus purchase documents;

(3) Teachers' registers, principals' reports and other evidence necessary to prepare the reports to the State Board of Education.

(c) After period to be set by the State Board of Education such other documents of a temporary or transitory nature as the State Board of Education by regulation shall designate.

Notwithstanding any of the provisions of Sections 37-15-1 through 37-15-4 , 37-15-8 and 37-15-10 to the contrary, no records which are in the process of being audited by the State Department of Audit, or which are the basis of litigation, shall be destroyed until at least twelve (12) months after final completion of said audits and litigation.
Miss. Code Ann. § 37-101-351 — MS Code / Title 37 / Chapter 12 / Section 101-351
Miss. Code Ann. § 37-101-351
Status: in_force

The Board of Trustees of State Institutions of Higher Learning is hereby authorized to establish an executive institute which shall be responsible for providing advanced training and assessment for public sector executives, elected officials, state board and commission members, and officers and employees of local government entities of the State of Mississippi.
Miss. Code Ann. § 37-175-7 — MS Code / Title 37 / Chapter 5 / Section 175-7
Miss. Code Ann. § 37-175-7
Status: in_force

(1) A student is not eligible for a Mississippi Speech-Language Therapy Scholarship while he or she is:

(a) Enrolled in a school operating for the purpose of providing educational services to youth in Department of Juvenile Justice commitment programs;

(b) Participating in a home-school education program;

(c) Participating in a virtual school, correspondence school, or distance learning program that receives state funding under the student's participation unless the participation is limited to no more than two (2) courses per school year;

(d) Not having regular and direct contact with his or her private school teachers at the school's physical location.

(2)(a) For purposes of continuity of educational choice, a Mississippi Speech-Language Therapy Scholarship shall remain in force until the student returns to a public school or completes Grade 6 or its equivalent, whichever occurs first.

(b) Upon reasonable notice to the department and the school district, the student's parent or legal guardian may remove the student from the nonpublic school and place the student in a public school in accordance with this section.
Miss. Code Ann. § 37-29-509 — MS Code / Title 37 / Chapter 9 / Section 29-509
Miss. Code Ann. § 37-29-509
Status: in_force

(1) The Meridian Junior College District shall be under the executive direction of a president elected by the board of trustees of such district.

(2) The president of the community college shall be general manager of all fiscal and administrative affairs of the district with full authority to select, employ, direct and discharge any and all employees other than faculty. He shall have the power to recommend to the board of trustees all faculty to be employed, and he may remove or suspend any member of the faculty subject to the approval of the board of trustees. The president shall have the authority, subject to the approval of the board of trustees, to arrange and survey courses of study, fix schedules and establish and enforce rules and discipline for the governing of faculty and students. He shall be the general custodian of the property of the district.
Miss. Code Ann. § 37-104-7 — MS Code / Title 37 / Chapter 3 / Section 104-7
Miss. Code Ann. § 37-104-7
Status: in_force

There is hereby created a body politic and corporate to be known as the “Mississippi Educational Facilities Authority for Private, Nonprofit Institutions of Higher Learning,” hereinafter referred to as “the Authority.” The Authority is constituted a public agency and instrumentality of the State of Mississippi and the exercise by the Authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function of the State of Mississippi. The administration of the powers and functions of the Authority shall be conducted by the State Bond Advisory Division, Office of the Governor, subject to the direction and approval of the members of the Authority.
Miss. Code Ann. § 37-45-33 — MS Code / Title 37 / Chapter 11 / Section 45-33
Miss. Code Ann. § 37-45-33
Status: in_force

In case of the failure or refusal on the part of any person to comply with any subpoena issued as authorized in Section 37-45-31 , or in case of the refusal of any witness to testify or answer to any matter regarding which he may be lawfully interrogated, the chancellor or the chancery court of the county of the residence of such person, or the chancellor or the chancery court of the county in which the hearing to which the subpoena is returnable is being conducted may, on application of the commission or the chairman thereof, in term time or vacation, issue an attachment for such person and compel him to comply with such subpoena and to attend before the commission and produce the documents specified in any subpoena duces tecum and give his testimony upon such matters as he may be lawfully required. Said chancery court shall have the power to punish for contempt as in case of disobedience of like process issued by or from such chancery court, or as in case of the refusal to testify therein in response to such process.
Miss. Code Ann. § 37-145-71 — MS Code / Title 37 / Chapter 3 / Section 145-71
Miss. Code Ann. § 37-145-71
Status: in_force

The board of trustees is authorized to borrow funds from public or private sources under such provisions pertaining to rates of interest, repayment schedules, collateral and other requirements as may be approved by the board of trustees for the support of the guaranty student loan function of the board. The obligations so incurred by the board of trustees shall be limited to the amount of indebtedness as may be supported by revenues available from the board's guaranty student loan function and such obligations shall not constitute a debt, liability or general obligation of the state or any political subdivision thereof (other than the board of trustees), or a pledge of the faith and credit of the state or any political subdivision thereof (other than the board of trustees), but shall be payable solely as provided by the board of trustees.
Miss. Code Ann. § 37-106-36 — MS Code / Title 37 / Chapter 13 / Section 106-36
Miss. Code Ann. § 37-106-36
Status: repealed

(1) There is established the “William F. Winter and Jack Reed, Sr., Teacher Loan Repayment Program.”

(2) Subject to the availability of funds, an eligible applicant for an initial award must have:

(a) Graduated from a baccalaureate degree-granting institution of higher learning which is regionally accredited by the Southern Association of Colleges and Schools (SACS) or a comparable accreditation body;

(b) Signed a contract as a full-time teacher in a public school district in Mississippi;

(c) Obtained a standard five-year license or a nontraditional five-year alternate route license. Persons with provisional emergency licenses shall not be eligible applicants; and

(d) Outstanding qualifying undergraduate or graduate educational loans, which may include the principal, interest and related expenses such as the required interest premium on the unpaid balances of government and commercial loans obtained by the recipient for undergraduate educational expense.

(3) Persons who have received funds from other forgivable loan programs established for teachers under Mississippi law, or who are presently in default or delinquent on any federal, state, local or commercial qualifying educational loan, shall not be eligible for this program.

(4) Provided that initial recipients remain eligible under the provisions of subsection (2) of this section, they may retain eligibility for two (2) additional awards, subject to the availability of funds.

(5) Initial recipients shall be selected on a first-come, first-served basis of all eligible applicants, subject to the availability of funds. In the second and third years of an applicant's continued eligibility, priority consideration shall first be given to renewal applicants. The State Financial Aid Board shall develop rules for ensuring that expenses of the program in a fiscal year do not exceed funding for the program in that fiscal year. For that purpose, and any other provision of this section to the contrary notwithstanding, the State Financial Aid Board may limit the acceptance of applications and may limit the number of awards.

(6) Among teacher recipients, priority consideration shall be given to persons who are teaching in a public school district designated as a geographical critical teacher shortage area by the State Board of Education.

(7) Awards for recipients who have signed a contract to teach in a public school district that is not designated as a geographical critical teacher shortage area shall be as follows:

(a) One Thousand Five Hundred Dollars ($1,500.00) for the initial award;

(b) Two Thousand Five Hundred Dollars ($2,500.00) for the second award; and

(c) Three Thousand Five Hundred Dollars ($3,500.00) for the third award.

(8) Awards for recipients who have signed a contract to teach in a public school district that is designated as a geographical critical teacher shortage area shall be as follows:

(a) Four Thousand Dollars ($4,000.00) for the initial award;

(b) Five Thousand Dollars ($5,000.00) for the second award, provided the recipient continues to teach in the same public school district or another public school district designated a geographical shortage area by the State Board of Education; and

(c) Six Thousand Dollars ($6,000.00) for the third award, provided the recipient continues to teach in the same public school district or another public school district designated a geographical shortage area by the State Board of Education.

(9) An initial recipient who moves to another public school district shall be eligible to receive an award based on the amount allowed under the program in the new district where the teacher is employed.

(10) Awards shall be granted on a year-to-year basis, and recipients shall have no obligation to seek a future award.

(11) Awards shall be paid annually, after the expiration of the one-year teaching contract for which the award was granted, to the recipient's lender or loan service provider, and shall be applied to the outstanding balance. Monies paid on the recipient's behalf toward qualifying undergraduate or graduate educational loans prior to receiving payment of the award shall not be eligible for repayment through the program.

(12) During the teaching year for which the award is granted, a recipient must at all times keep the State Financial Aid Board informed of any changes to the recipient's current contact information and employment status.

(13) Recipients who fail to maintain a standard or nontraditional license or fail to fulfill the one-year teaching contract on which the award was based shall forfeit any right to the award.

(14) The State Financial Aid Board, in collaboration with the State Board of Education, shall track recipients of an award under this program through the fourth year after receiving their initial award, unless the recipient shall leave teaching in a public school district at an earlier date. Data collected shall include recipients' undergraduate or graduate institution, school district, subject area/grade level in teaching and any other pertinent information necessary to determine the efficacy of the program in retaining teachers.

(15) The State Financial Aid Board shall promulgate regulations necessary for the proper administration of this section, including rules for ensuring that expenses of the program in a fiscal year do not exceed funding for the program in that fiscal year.

(16) There is established in the State Treasury a special fund to be designated the “William F. Winter and Jack Reed, Sr., Loan Repayment Program Fund,” into which shall be deposited those funds appropriated by the Legislature, and any other funds that may be made available, for the purpose of implementing the loan repayment program established herein. Money in the fund at the end of the fiscal year shall not lapse into the General Fund, and interest earned on any amounts deposited into the fund shall be credited to the special fund.

(17) This section shall stand repealed on July 1, 2028.
Miss. Code Ann. § 37-121-7 — MS Code / Title 37 / Chapter 11 / Section 121-7
Miss. Code Ann. § 37-121-7
Status: in_force

The new dining hall, currently under construction on the campus of Alcorn State University, located in Lorman, Mississippi, shall be named the Dr. Clinton Bristow, Jr., Dining Facility. Alcorn State University shall prepare a distinctive plaque to be placed in a prominent place within the Dr. Clinton Bristow, Jr., Dining Facility, which states the background, accomplishments and service to the university of Dr. Bristow.
Miss. Code Ann. § 37-145-7 — MS Code / Title 37 / Chapter 5 / Section 145-7
Miss. Code Ann. § 37-145-7
Status: in_force

(1) There is hereby created a special fund of the company to be known as the “Mississippi Opportunity Loan Fund.” The fund shall consist of amounts paid into the fund by donations from private sources, by legislative appropriation, from the proceeds of the issuance of bonds or from any other source. All of the earnings on the investment of monies in the fund shall be credited to the fund.

(2) The monies in the fund shall be used to increase the educational opportunities of students by providing low interest rate loans to assist Mississippi students in furthering their higher education goals.

(3) The Mississippi Opportunity Loan Fund shall be maintained by the company. The company is authorized to maintain such fund in an official state depository, and, in accordance with Section 27-105-21 , shall invest such funds at interests as required by said section, said depository so selected shall be capable of serving as Trustee for the Mississippi Opportunity Loan Fund.
Miss. Code Ann. § 37-35-3 — MS Code / Title 37 / Chapter 6 / Section 35-3
Miss. Code Ann. § 37-35-3
Status: in_force

(1) The board of trustees of any school district, including any community or junior college, may establish and maintain classes for adults, including general educational development classes, under the regulations authorized in this chapter and pursuant to the standards prescribed in subsection (3). The property and facilities of the public school districts may be used for this purpose where such use does not conflict with uses already established.

(2) The trustees of any school district desiring to establish such program may request the taxing authority of the district to levy additional ad valorem taxes for the support of this program. The board of supervisors, in the case of a county school district, a special municipal separate school district, or a community or junior college district, and the governing authority of any municipality, in the case of a municipal separate school district, is authorized, in its discretion, to levy a tax not exceeding one (1) mill upon all the taxable property of the district for the support of this program. The tax shall be in addition to all other taxes authorized by law to be levied. In addition to the funds realized from any such levy, the board of trustees of any school district is authorized to use any surplus funds that it may have or that may be made available to it from local sources to supplement this program.

(3)(a) Any student participating in an approved High School Equivalency Diploma Option program administered by a local school district or a local school district with an approved contractual agreement with a community or junior college or other local entity shall not be considered a dropout. Students in such a program administered by a local school district shall be considered as enrolled within the school district of origin for the purpose of enrollment for total funding formula funds only. Such students shall not be considered as enrolled in the regular school program for academic or programmatic purposes.

(b) Students participating in an approved High School Equivalency Diploma Option program shall have an individual career plan developed at the time of placement to ensure that the student's academic and job skill needs will be met. The Individual Career Plan will address, but is not limited to, the following:

(i) Academic and instructional needs of the student;

(ii) Job readiness needs of the student; and

(iii) Work experience program options available for the student.

(c) Students participating in an approved High School Equivalency Diploma Option program may participate in existing job and skills development programs or in similar programs developed in conjunction with the High School Equivalency Diploma Option program and the vocational director.

(d) High School Equivalency Diploma Option programs may be operated by local school districts or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate a High School Equivalency Diploma Option program, the school board of a district designated to be the lead district shall serve as the governing board of the High School Equivalency Diploma Option program. Transportation for students placed in the High School Equivalency Diploma Option program shall be the responsibility of the school district of origin. The expense of establishing, maintaining and operating such High School Equivalency Diploma Option programs may be paid from funds made available to the school district through contributions, total funding formula funds or from local district maintenance funds.

(e) The State Department of Education will develop procedures and criteria for placement of a student in the High School Equivalency Diploma Option programs. Students placed in High School Equivalency Diploma Option 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.

(f) Students participating in an approved High School Equivalency Diploma Option 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.
Miss. Code Ann. § 37-63-8 — MS Code / Title 37 / Chapter 1 / Section 63-8
Miss. Code Ann. § 37-63-8
Status: in_force

The Authority shall have the authority, with the assistance and approval of the State Personnel Board, to implement extern training programs for its employees and contract with private sector businesses for such training. The training programs shall be available, at the discretion of the Authority and the Executive Director, to employees who have served with the agency for one (1) year or more. The salary of the employees may be paid by the Authority while the employee is receiving such training. No training shall be in excess of three (3) months and forty (40) hours per week. Any employee participating in such extern training program shall be required to remain employed with the Authority for a period of one (1) year following completion of the training period. Any person leaving the employment of the Authority prior to the completion of the required one (1) year period shall be liable for the salary and fringe benefits expended for the employee during the training period.
Miss. Code Ann. § 37-33-209 — MS Code / Title 37 / Chapter 14 / Section 33-209
Miss. Code Ann. § 37-33-209
Status: in_force

The director, with the approval of the executive director, may accept and use gifts and donations made unconditionally or otherwise for carrying out the purposes of the Rehabilitation Law, from either public or private sources. Gifts made under such conditions as in the judgment of the director, with the approval of the executive director, are proper and consistent with the provisions of that law may be so accepted and shall be held, invested, reinvested and used in accordance with the conditions of the gift. All monies received as gifts or donations, except conditional gifts requiring other treatments, shall be deposited in the State Treasury and shall constitute a permanent fund to be called the “Special Fund for the Rehabilitation of Individuals with Disabilities through Special Disability Services” and shall be used by the office for such purposes. The director shall prepare and submit a report annually to the Legislature, through the executive director, setting forth the condition of rehabilitation of disabled persons in Mississippi, the expenditures made from state and federal funds in carrying out the provisions of that law or its purpose, and a detailed statement of all gifts and donations offered and accepted, together with the names of donors and the respective amounts prescribed by each and all the disbursements made therefrom.
Miss. Code Ann. § 37-7-227 — MS Code / Title 37 / Chapter 3 / Section 7-227
Miss. Code Ann. § 37-7-227
Status: in_force

(1) The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms. The candidate who receives a majority of the votes cast, either for a full term or for an unexpired term or terms, as indicated on the ballot, shall be declared elected, and the person or persons elected to a full term shall assume the duties of his office on the first day of January of the year following such election. The person or persons elected to an unexpired term(s) shall assume office immediately. If no candidate receives a majority of the votes cast at the election, a runoff shall be held in the same manner four (4) weeks after the election between the two (2) candidates receiving the highest number of votes upon the first ballot.

(2) Notwithstanding any other provision of law, if an election for school board trustees occurs on a Tuesday, during a general election, any runoff for such election shall occur four (4) weeks after the election.
Miss. Code Ann. § 37-145-51 — MS Code / Title 37 / Chapter 9 / Section 145-51
Miss. Code Ann. § 37-145-51
Status: in_force

Any pledge made by the company shall be valid and binding from the time when the pledge was made. The revenues or properties so pledged and thereafter received by the company shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the company, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
Miss. Code Ann. § 37-27-43 — MS Code / Title 37 / Chapter 3 / Section 27-43
Miss. Code Ann. § 37-27-43
Status: in_force

When any agricultural high school shall own any land, buildings or other property that is not used for school or related school purposes and not needed in the operation of the school, the board of trustees of such agricultural high school may sell and convey such land, buildings or other property in the manner provided in Sections 37-27-45 through 37-27-49 .
Miss. Code Ann. § 37-101-311 — MS Code / Title 37 / Chapter 12 / Section 101-311
Miss. Code Ann. § 37-101-311
Status: in_force

All bonds and interest coupons issued under the provisions of Sections 37-101-301 through 37-101-331 shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code and in exercising the powers granted by Sections 37-101-301 through 37-101-331 , the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.
Miss. Code Ann. § 37-29-265 — MS Code / Title 37 / Chapter 14 / Section 29-265
Miss. Code Ann. § 37-29-265
Status: in_force

The municipalities of Mississippi and the municipal separate school districts in Mississippi are hereby authorized and empowered to issue municipal bonds or municipal separate school district bonds to aid in procuring the establishment, location, and maintenance of junior colleges which have been or may hereafter be established. Said bonds shall be issued as provided by law. The proceeds of the sale of said bonds may be used for the purchase of lands, buildings or for erecting buildings, or in any way to aid in the establishment and maintenance of junior colleges.
Miss. Code Ann. § 37-144-7 — MS Code / Title 37 / Chapter 1 / Section 144-7
Miss. Code Ann. § 37-144-7
Status: in_force

(1) The commission shall develop and implement policies and procedures designed to recruit, identify and enroll undergraduate students who demonstrate necessary interest, commitment, aptitude and academic achievement to pursue careers as family physicians, psychiatrist, child psychiatrists or other generalist physicians in rural or medically underserved areas of Mississippi, and to develop and implement the programs designed to foster successful entry of participants into medical school, completion of medical school, enrollment into and completion of family medicine or other generalist residency, and establishment and maintenance of a career in family medicine, psychiatrist, child psychiatry or other generalist specialty in a rural or underserved area of Mississippi.

(2) The commission shall have the authority through use of generally applicable definitions to designate an area of the state as underserved or rural.

(3) The commission, in conjunction with the University of Mississippi Medical Center, shall have the authority to provide students selected for scholarship funding with faculty mentors and other programs designed to enhance the students' likelihood of admission to the medical school. The commission and the University of Mississippi Medical Center will develop coursework that will provide scholarship students with the skills necessary for sustained and successful medical practice in rural Mississippi.

(4) Each applicant for admission to the program must submit an application to the commission that conforms to requirements established by the commission.

(5) In selecting participants for the program, the board may only accept an applicant if his or her academic record and other characteristics, if given consideration by the University of Mississippi School of Medicine Admissions Committee, would be considered credible and competitive.

(6) An applicant for the program may be admitted only upon a majority vote of the members of the commission.

(7) Not less than fifteen (15) students will be admitted to the Mississippi Rural Physicians Scholarship Program each year, provided that there are fifteen (15) or more qualified applicants for the program.

(8) Upon the funding of sixty-one (61) or more rural physicians scholarships by the Legislature and recognizing the importance of balancing the needs of comprehensive primary care along with a critical shortage of psychiatrists in Mississippi, the commission may grant an exception for fourth-year medical or osteopathic school (M4) students who demonstrate a desire to practice psychiatry in rural Mississippi and who use a practice model and enter the practice of medicine in a rural or underserved area in Mississippi, as defined by the commission, beginning for the M4 Class of 2020.
Miss. Code Ann. § 37-28-9 — MS Code / Title 37 / Chapter 12 / Section 28-9
Miss. Code Ann. § 37-28-9
Status: in_force

(1) The authorizer is responsible for exercising, in accordance with this chapter, the following powers and duties:

(a) Developing chartering policies and maintaining practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including:

(i) Organizational capacity and infrastructure;

(ii) Solicitation and evaluation of charter applications;

(iii) Performance contracting;

(iv) Ongoing charter school oversight and evaluation; and

(v) Charter renewal decision-making;

(b) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;

(c) Declining to approve weak or inadequate charter applications;

(d) Negotiating and executing charter contracts with approved charter schools;

(e) Monitoring, in accordance with charter contract terms, the performance and legal compliance of charter schools;

(f) Determining whether each charter contract merits renewal, nonrenewal or revocation; and

(g) Applying for any federal funds that may be available for the implementation of charter school programs.

(2) The authorizer shall carry out all its duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this chapter.

(3) The authorizer may delegate its duties to the executive director and general counsel.

(4) Regulation by the authorizer shall be limited to those powers and duties prescribed in this section and all others prescribed by law, consistent with the spirit and intent of this chapter.

(5) Except in the case of gross negligence or reckless disregard of the safety and well-being of another person, the authorizer, members of the authorizer board in their official capacity, and employees of the authorizer in their official capacity are immune from civil liability with respect to all activities related to a charter school approved by the authorizer.
Miss. Code Ann. § 37-41-15 — MS Code / Title 37 / Chapter 13 / Section 41-15
Miss. Code Ann. § 37-41-15
Status: in_force

The school boards are hereby authorized to make necessary alterations in transportation routes, or to establish supplementary transportation routes in order to meet emergencies which may arise during the school year, such as the destruction of a school building by fire or other causes, an unanticipated increase in the number of school children in the school district during the school year, or any other emergency. Such emergency transportation shall be continued only so long as is necessary by reason of the emergency conditions.
Miss. Code Ann. § 37-29-117 — MS Code / Title 37 / Chapter 12 / Section 29-117
Miss. Code Ann. § 37-29-117
Status: in_force

The holder of any bond or any interest coupon issued under the provisions of Sections 37-29-107 through 37-29-115 may, by suit, action, mandamus or other proceedings at law or in equity, enforce and compel performance by the appropriate official or officials of the said boards of trustees of any or all acts and duties to be performed by such boards or such officials under the provisions of said sections and under the resolution authorizing the issuance of such bond or interest coupon. If there be any default in the payment of the interest on and principal of any of such bonds, any court having jurisdiction in the proper action may, upon petition of the holder of any such bonds, appoint a receiver to administer and operate the facilities, the revenues of which were pledged to the payment of such bonds, with power to fix and collect fees, rentals and other charges sufficient to provide for the payment of all bonds outstanding, to the payment of which the revenues of such facilities were pledged and to pay the expenses of operating and maintaining such facilities and to apply the revenues thereof in conformity with the provisions of said sections and of the resolution authorizing the issuance of such bonds.
Miss. Code Ann. § 37-131-1 — MS Code / Title 37 / Chapter 12 / Section 131-1
Miss. Code Ann. § 37-131-1
Status: in_force

The president or executive head of any state-supported institution of higher learning of the State of Mississippi, subject to the approval of the board of trustees of state institutions of higher learning, is hereby authorized and empowered to establish, operate, maintain, and conduct teachers demonstration and practice schools in connection with the operation of such institution of higher learning. The president or executive head of any such institution, subject to the approval of the board of trustees of state institutions of higher learning, shall have full power and authority to regulate and conduct the affairs of such schools and to establish rules and regulations for their government.
Miss. Code Ann. § 37-29-165 — MS Code / Title 37 / Chapter 1 / Section 29-165
Miss. Code Ann. § 37-29-165
Status: in_force

There is hereby created within the state building commission a fund for the stimulation of the vocational and technical training programs of the junior colleges of the State of Mississippi. All sums of money received by the state building commission to carry out the provisions of the Mississippi Junior College Vocational and Technical Training Law of 1964 shall be maintained in the state treasury and shall constitute a fund to be known as the “junior college vocational and technical training fund”. All expenditures therefrom shall be authorized by the State Building Commission in the manner set forth in Section 37-29-171 . Such expenditures shall be paid therefrom by the state treasurer on warrants issued by the auditor of public accounts. Said auditor shall issue his warrant upon requisition signed by the chairman and secretary of said commission.
Miss. Code Ann. § 37-103-23 — MS Code / Title 37 / Chapter 1 / Section 103-23
Miss. Code Ann. § 37-103-23
Status: in_force

All aliens are classified as nonresidents.
Miss. Code Ann. § 37-101-291 — MS Code / Title 37 / Chapter 3 / Section 101-291
Miss. Code Ann. § 37-101-291
Status: in_force

(1) In order to help alleviate the problem of the shortage of health care professionals at the state health institutions, there is established a program of paid educational leave for the study of such health care professions as defined in Section 37-101-285 and licensed practical nursing by any employee who works at a state health institution and who declares an intention to work in such respective health care occupation in the same state health institution in which the employee was working when granted educational leave, for a minimum period of time after graduation.

(2) The paid educational leave program shall be administered by the respective state health institutions.

(3)(a) Within the limits of the funds available to a state health institution for such purpose, the institution may grant paid educational leave to those applicants deemed qualified therefor, upon such terms and conditions as it may impose and as provided for in this section.

(b) In order to be eligible for paid educational leave, an applicant must:

(i) Be working at a state health institution at the time of application;

(ii) Attend any college or school approved and designated by the state health institution; and

(iii) Agree to work in a health care profession as defined in Section 37-101-285 or as a licensed practical nurse in the same state health institution for a period of time equivalent to the period of time for which the applicant receives paid educational leave compensation, calculated to the nearest whole month, but in no event less than two (2) years.

(c)(i) Before being granted paid educational leave, each applicant shall enter into a contract with the state health institution, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the paid educational leave shall be granted to him. The contract shall include such terms and provisions necessary to carry out the full purpose and intent of this section. The form of such contract shall be prepared and approved by the Attorney General of this state, and shall be signed by the executive director of the respective state health institution and the recipient. If the recipient is a minor, his minority disabilities shall be removed by a chancery court of competent jurisdiction before the contract is signed.

(ii) The state health institution shall have the authority to cancel any contract made between it and any recipient for paid educational leave upon such cause being deemed sufficient by the executive director of such institution.

(iii) The state health institution is vested with full and complete authority and power to sue in its own name any recipient for any balance due the state on any such uncompleted contract, which suit shall be filed and handled by the Attorney General of the state. The state health institution may contract with a collection agency or banking institution, subject to approval by the Attorney General, for collection of any balance due the state from any recipient. The State of Mississippi, agencies of the state and the state health institution and its employees are immune from any suit brought in law or equity for actions taken by the collection agency or banking institution incidental to or arising from their performance under the contract. The state health institution, collection agency and banking institution may negotiate for the payment of a sum that is less than full payment in order to satisfy any balance the recipient owes the state, subject to approval by the facility director of the sponsoring facility within the state health institution.

(iv) Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license which was earned through the paid educational leave compensation granted under this section.

(v) A finding by the sponsoring agency of a default by the recipient shall be a finding of unprofessional conduct and therefore, a basis for the revocation of the professional license which was obtained through the educational leave program. The finding also will be grounds for revocation of any license, as defined by Section 93-11-153 .

(vi) Notice of pending default status shall be mailed to the recipient at the last known address by the sponsoring agency.

(vii) The sponsoring agency shall conduct a hearing of pending default status, make a final determination, and issue an Order of Default, if appropriate.

(viii) Recipients may appear either personally or by counsel, or both, and produce and cross-examine witnesses or evidence in the recipient's behalf. The procedure of the hearing shall not be bound by the Mississippi Rules of Civil Procedure and Evidence.

(ix) If a recipient is found to be in default, a copy of an Order of Default shall be forwarded to the appropriate licensing agency.

(x) Appeals from a finding of default by the sponsoring agency shall be to the Circuit Court of Hinds County. Actions taken by a licensing entity in revoking a license when required by this section are not actions from which an appeal may be taken under the general licensing and disciplinary provisions applicable to the licensing agency.

(xi) Rules and regulations governing hearing and other applicable matters shall be promulgated by the sponsoring agency.

(xii) A license which has been revoked pursuant to this statute shall be reinstated upon a showing of proof that the recipient is no longer in default.

(xiii) A finding by the sponsoring facility of educational leave default is a disciplinary action, not a collection action, and therefore shall not be affected by the recipient declaring bankruptcy.

(4)(a) Any recipient who is granted paid educational leave by a state health institution shall be compensated by the institution during the time the recipient is in school, at the rate of pay received by a nurse's aide employed at the respective state health institution. All educational leave compensation received by the recipient while in school shall be considered earned conditioned upon the fulfillment of the terms and obligations of the educational leave contract and this section. However, no recipient of full-time educational leave shall accrue personal or major medical leave while the recipient is on paid educational leave. Recipients of paid educational leave shall be responsible for their individual costs of tuition and books.

(b) Paid educational leave shall be granted only upon the following conditions:

(i) The recipient shall fulfill his or her obligation under the contract with the State of Mississippi by working as a professional in a health care profession defined in Section 37-101-285 or as a licensed practical nurse in a state health institution; a recipient sponsored by a health institution under the supervision of the Mississippi Department of Mental Health may fulfill his or her obligation under the contract with the State of Mississippi at another health institution under the supervision of the Mississippi Department of Mental Health with prior written approval of the Director of the Department of Mental Health institution with which he or she originally contracted for educational leave. The total compensation that the recipient was paid while on educational leave shall be considered as unconditionally earned on an annual pro rata basis for each year of service rendered under the educational leave contract as a health care professional in his respective state health institution.

(ii) If the recipient does not work as a professional in a health care profession as defined in Section 37-101-285 or as a licensed practical nurse in his respective state health institution for the period required under subsection (3)(b)(iii) of this section, the recipient shall be liable for repayment on demand of the remaining portion of the compensation that the recipient was paid while on paid educational leave which has not been unconditionally earned, with interest accruing at ten percent (10%) per annum from the recipient's date of graduation or the date that the recipient last worked at that state health institution, whichever is the later date. In addition, there shall be included in any contract for paid educational leave a provision for liquidated damages equal to Five Thousand Dollars ($5,000.00) which may be reduced on a pro rata basis for each year served under such contract.

(iii) If any recipient fails or withdraws from school at any time before completing his or her health care training, the recipient shall be liable for repayment on demand of the amount of the total compensation that the recipient was paid while on paid educational leave, with interest accruing at ten percent (10%) per annum from the date the recipient failed or withdrew from school. However, the recipient shall not be liable for liquidated damages, and if the recipient returns to work in the same position held in the same state health institution prior to accepting educational leave, the recipient shall not be liable for payment of any interest on the amount owed.

(iv) The issuance and renewal of the professional license required to work in a health care profession as defined in Section 37-101-285 for which the educational leave was granted shall be contingent upon the repayment of the total compensation that the recipient received while on paid educational leave. No license shall be granted until a contract for repayment is executed. No license shall be renewed without proof of an existing contract which is not in default. Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license which was earned through the paid educational leave compensation granted under this section. Any person who receives any amount of paid educational leave compensation while in school and subsequently receives a professional license shall be deemed to have earned the professional license through paid educational leave.

(v) The obligations of educational leave recipients under contracts entered into before July 1, 2002, shall remain unchanged. However, state health institutions may use the collection or license revocation provisions of this section to collect money owed under all educational leave contracts, regardless of when those contracts were executed.
Miss. Code Ann. § 37-104-43 — MS Code / Title 37 / Chapter 4 / Section 104-43
Miss. Code Ann. § 37-104-43
Status: in_force

The funds which are transferred from the sale of revenue bonds to the special fund in the State Treasury known as the Educational Facilities Authority Fund may be withdrawn only in the following manner: Said funds shall be paid by the State Treasurer upon warrants issued by the State Auditor of Public Accounts, which warrants shall be issued upon requisition by the Authority, signed by the Governor. All expenditures ordered by the Authority shall be evidenced by complete records maintained by the Authority of said expenditures, and the Authority shall submit a full report of its work and all the transactions carried on by it and a complete statement of all its expenditures at the next regular session of the Legislature.
Miss. Code Ann. § 37-7-317 — MS Code / Title 37 / Chapter 5 / Section 7-317
Miss. Code Ann. § 37-7-317
Status: in_force

The school board of any school district is hereby authorized, in its discretion, to transfer jurisdiction and control of any recreational property or part thereof under its dominion to the governing authorities of any municipality or county in which such property is located, provided, such transfer is temporary and commences not sooner than the day following the last school day of the academic year and ends not later than the day prior to the beginning of the next succeeding academic year. Any such transfer shall be made only with the concurrence of the governing authorities of any such municipality or county, and any agreement therefor shall be on such terms and conditions as said governing authorities and said school board shall provide. Any such agreement may include a provision that while such land is in the possession of said governing authorities, the municipality or the county, as the case may be, shall be liable for the upkeep, maintenance and repair of such property, the cost of which shall be paid out of any funds available to any such municipality or county.
Miss. Code Ann. § 37-18-5 — MS Code / Title 37 / Chapter 1 / Section 18-5
Miss. Code Ann. § 37-18-5
Status: in_force

(1) Based on the findings of the evaluation report and the results of the public meeting, the State Department of Education and the evaluation team leader shall assist the school principal and other local school officials in the development of a school improvement plan to improve its deficiencies.

(2) The school improvement plan shall be developed and approved by the principal of the School At-Risk, the superintendent of the local school district, the local school board and a majority of the teachers of the school, within a time period to be determined by the evaluation team. If the plan is not approved, the State Board of Education may approve and implement the plan in the school.

(3) The State Department of Education shall provide technical assistance and shall assist in identifying funding to the School At-Risk in the implementation of the school improvement plan, including the implementation of any recommended professional development plan, and the department may contract with the institutions of higher learning to provide such technical assistance. The assistance team shall collaborate with school and school district employees in the implementation and monitoring of the school improvement plan and the State Department of Education shall ensure that a report is issued monthly to the local school board and the local community-based advisory council.

(4) A school district that has been designated as failing as defined by the State Board of Education or a district with a School At-Risk shall also establish a community-based prekindergarten through higher education council comprised of a broad spectrum of the community, including economic developers, elected officials, civic leaders, business leaders, faith-based leaders, social services, nonprofit organizations, school attendance officers, law enforcement officials, health department officials, day care providers, librarians, parents and others with the knowledge and resources that can be leveraged to build strong communities. The State Board of Education shall develop procedures for appointments to the council, which shall not be appointed solely by the school board. The council will serve as a community-led group that is inclusive, accountable and required to publicly report progress to the community as a whole.
Miss. Code Ann. § 37-146-3 — MS Code / Title 37 / Chapter 4 / Section 146-3
Miss. Code Ann. § 37-146-3
Status: in_force

(1) The Mississippi Rural Dentists Scholarship Program shall be administered by a commission to be known as the “Mississippi Rural Dentists Scholarship Commission.” The commission shall be directed by a board composed of the following members:

(a) Two (2) dentists appointed by and from the membership of the Mississippi Dental Association, the term of which shall be three (3) years and who may be reappointed for one (1) additional term;

(b) One (1) dentist appointed by and from the membership of each of the following organizations, the term of which shall be three (3) years and who may be reappointed for one (1) additional term:

(i) Mississippi Dental Society;

(ii) Mississippi Academy of General Dentistry; and

(iii) Mississippi Chapter, American Academy of Pediatric Dentistry;

(c) Two (2) designees of the Dean of the University of Mississippi School of Dentistry whose terms are at the discretion of the dean, at least one (1) of whom is a member of the University of Mississippi School of Dentistry Admissions Committee; and

(d) Two (2) dental students, one (1) of whom shall be selected yearly through a process developed by the Dean of the School of Dentistry in consultation with the chairs of the various departments.

(2) The pre-professional advisors from the accredited four-year colleges and universities in the State of Mississippi shall comprise an advisory committee to the commission in the administration of the Mississippi Rural Dentists Scholarship Program.

(3) Vacancies on the commission must be filled in a manner consistent with the original appointments.

(4) All appointments to the commission must be made no later than September 1, 2013. After the members are appointed, the Program Director of the Mississippi Rural Dentists Scholarship Program shall set a date for the organizational meeting that is mutually acceptable to the majority of the commission members. The organizational meeting shall be for the purposes of organizing the commission and establishing rules for transacting its business. A majority of the members of the commission shall constitute a quorum at all commission meetings. An affirmative vote of a majority of the members present and voting shall be required in the adoption of rules, reports and in any other actions taken by the commission. At the organizational meeting, the commission shall elect a chair and vice chair from the members appointed according to paragraphs (a) through (d) of subsection (1). The chair shall serve for a term of two (2) years, upon the expiration of which, the vice chair shall assume the office of chair.

(5) After the organizational meeting, the commission shall hold no less than two (2) meetings annually.

(6) The commission may form an executive committee for the purpose of transacting business that must be conducted before the next regularly scheduled meeting of the commission. All actions taken by the executive committee must be ratified by the commission at its next regularly scheduled meeting.

(7) Members of the commission shall serve without compensation but may be reimbursed, subject to the availability of funding, for mileage and actual and necessary expenses incurred in attending meetings of the commission, as provided in Section 25-3-41 .

(8) Funding for the establishment and continued operation of the program and commission shall be appropriated out of any money in the State General Fund not already appropriated to the University of Mississippi Medical Center.
Miss. Code Ann. § 37-175-11 — MS Code / Title 37 / Chapter 14 / Section 175-11
Miss. Code Ann. § 37-175-11
Status: in_force

A parent or legal guardian who applies for a Mississippi Speech-Language Therapy Scholarship is exercising his or her parental option to place his or her child in a nonpublic school. Each participating parent or legal guardian and student shall adhere to the following:

(a) The parent or legal guardian must select the nonpublic school and apply for the admission of his or her child;

(b) The parent or legal guardian must have requested the scholarship at least thirty (30) days before the date of the first scholarship payment;

(c) Any student participating in the Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program must remain in attendance throughout the school year unless excused by the school for illness or other good cause; and

(d) Each parent or legal guardian and each student has an obligation to the nonpublic special purpose school to comply with the nonpublic special purpose school's published policies.
Miss. Code Ann. § 37-155-1 — MS Code / Title 37 / Chapter 9 / Section 155-1
Miss. Code Ann. § 37-155-1
Status: in_force

This article shall be known and may be cited as the “Mississippi Prepaid Affordable College Tuition Program.”
Miss. Code Ann. § 37-141-3 — MS Code / Title 37 / Chapter 3 / Section 141-3
Miss. Code Ann. § 37-141-3
Status: in_force

(1) There is hereby created the University Research Center, as an agency of the State of Mississippi, hereinafter referred to as the “center,” which shall have full authority to contract and to be contracted with. The Commissioner of Higher Education shall serve as the Director for the center.

(2) The center shall be under the direction and management of the Board of Trustees of State Institutions of Higher Learning. The Board of Trustees of State Institutions of Higher Learning shall, in its discretion, obtain fidelity bonds and determine who and what should be covered thereby and the amount of such bonds.

(3) The Commissioner of Higher Education, with the approval of the Board of Trustees of State Institutions of Higher Learning, shall appoint and employ such staff and employees as he deems necessary to carry out the objectives and purposes of this chapter and Section 57-63-17 and may establish the organizational structure of the center, which shall include the creation of any divisions necessary to implement the duties assigned to the center. It is specifically provided that the commissioner establish such units within the center as he deems necessary to include but not limited to areas of economic analysis, economic forecasting, long range economic development planning, research, grants, services and university and agency coordination and reporting.

(4) The Commissioner of Higher Education may consolidate the following functions of the central office of the Board of Trustees of State Institutions of Higher Learning and the University Research Center:

(a) Administrative services;

(b) Libraries;

(c) Computer services.

Consolidation of such services shall not affect the duty otherwise imposed by statute upon the University Research Center to assist state agencies with support services including, but not limited to, printing, data processing and libraries. The commissioner shall establish and maintain a branch library at the Department of Economic Development suitable for the economic development research needs of the department. The branch library shall be available for use by the public and by private development organizations.

(5) The Commissioner of Higher Education shall use savings realized through personnel attrition and other economies created by the reorganization effected in Senate Bill No. 2925, 1988 Regular Session [Laws, 1988, Chapter 518] to establish a special account in the University Research Center out of which funds may be expended to conduct priority research projects by contracting with universities, agencies and individuals.
Miss. Code Ann. § 37-27-41 — MS Code / Title 37 / Chapter 13 / Section 27-41
Miss. Code Ann. § 37-27-41
Status: in_force

The board of supervisors of any county may authorize the sale of any undivided interest in any property owned by an agricultural high school and used for school purposes to any public school, and the board of supervisors may authorize the sale of an undivided interest in any public school property used for school purposes to an agricultural high school. Before an order authorizing such sale shall be effected, the boards of trustees of each of such schools shall agree in writing on the terms of such sale, and shall set out in full the extent of the rights of use and occupancy of the school and grounds each of said schools is to enjoy, and shall also agree upon the control, management and preservation of such premises. Before, however, any such contract with reference to the use, occupancy, management and control of such school buildings and grounds to be used for joint purposes is final it shall receive the approval of the county board of education.
Miss. Code Ann. § 37-51-19 — MS Code / Title 37 / Chapter 14 / Section 51-19
Miss. Code Ann. § 37-51-19
Status: in_force

Any loans made or granted to any applicant shall be made and based upon the following conditions of repayment:

(a) Repayment in full of the principal of the loan may be made at any time prior to three years after graduation from or termination of attendance in an approved school, plus simple interest at the rate of three percent per annum from the date of each payment made to applicant.

(b) Repayment of the principal of the loan after three years from the date of graduation from or termination of attendance in an approved school shall be with interest at the rate of four percent per annum from the date of each payment made to applicant. From and after the fourth year following graduation or termination of attendance in an approved school, the rate of interest to be paid on the remaining unpaid balance, after such fourth year, shall increase at the rate of one-half percent per annum to a maximum of eight percent.

(c) No applicant shall be entitled to more than twelve years after said graduation or termination of attendance in an approved school within which to repay said loan.
Miss. Code Ann. § 37-113-43 — MS Code / Title 37 / Chapter 3 / Section 113-43
Miss. Code Ann. § 37-113-43
Status: in_force

Any county of this state now or hereafter having a population of more than one hundred thousand according to the latest available census, and in which there is located a municipality of one hundred thousand or more, acting by and through its board of supervisors, is hereby authorized and empowered to contribute the sum of one million dollars ($1,000,000.00) toward the construction, erection and equipping of educational facilities to be utilized by Mississippi State University of Agriculture and Applied Science within such county, by the board of trustees of state institutions of higher learning.
Miss. Code Ann. § 37-155-25 — MS Code / Title 37 / Chapter 14 / Section 155-25
Miss. Code Ann. § 37-155-25
Status: in_force

The state shall agree to meet the obligations of the board to beneficiaries if monies in the fund fail to offset the obligations of the board. If there is not enough money in the fund to pay the tuition and required fees of the institution of higher education in which a beneficiary enrolls as provided by the prepaid tuition contract, the Legislature shall appropriate to the fund the amount necessary for the board to pay the applicable amount of tuition and required fees of the institution.

In the event that the board determines the program to be financially infeasible, the board may discontinue the program. Any qualified beneficiary who has been accepted by and is enrolled or is within five (5) years of enrollment in an institution of higher learning or any in-state or out-of-state regionally accredited private four- or two-year college or an out-of-state regionally accredited, state-supported, nonprofit four- or two-year college or university shall be entitled to exercise the complete benefits for which he has contracted. All other contract holders shall receive a refund, pursuant to Section 37-155-9, of the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations.
Miss. Code Ann. § 37-37-1 — MS Code / Title 37 / Chapter 5 / Section 37-1
Miss. Code Ann. § 37-37-1
Status: in_force

The State Department of Education is hereby authorized and directed to prescribe and formulate for use by all school districts of this state, including municipal separate school districts, adequate accounting systems and other essential financial records which shall be uniform for all of the school districts of this state. Such uniform system shall include a method of accounting for and keeping records of all funds received, handled and disbursed by such school district, whether derived from taxation or otherwise, including funds derived from donations, athletic events and other special activities of the school district. The uniform system of accounts so prescribed and formulated by the State Department of Education shall be distributed and disseminated to all of the school districts of this state and it shall be mandatory that the boards of trustees of all such school districts install, utilize and follow said uniform system of accounts in keeping the financial records of the school district. At the request of the Mississippi Department of Education, the Office of the State Auditor shall provide advice for implementation of this section.
Miss. Code Ann. § 37-145-37 — MS Code / Title 37 / Chapter 4 / Section 145-37
Miss. Code Ann. § 37-145-37
Status: in_force

All bonds issued under the provisions of Sections 37-145-23 through 37-145-41 shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.
Miss. Code Ann. § 37-9-103 — MS Code / Title 37 / Chapter 6 / Section 9-103
Miss. Code Ann. § 37-9-103
Status: in_force

(1) As used in Sections 37-9-101 through 37-9-113 , the word “employee” shall include:

(a) Any teacher, principal, superintendent or other professional personnel employed by the local school district or the Mississippi School of the Arts (MSA) for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or

(b) Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment or the MSA, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment.

(2)(a) The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school district after the Governor declares a state of emergency under the provisions of Section 37-17-6(12) . The Education Employment Procedures Law shall not be applicable in any school district for the full period of time that those conditions, as defined in Section 37-17-6(12) , exist.

(b) The Education Employment Procedures Law shall not apply to any category of teacher, administrator or other employee employed to work in any charter school.

(3) For purposes of Sections 37-9-101 through 37-9-113 , the term “ days ” means calendar days.
Miss. Code Ann. § 37-23-77 — MS Code / Title 37 / Chapter 3 / Section 23-77
Miss. Code Ann. § 37-23-77
Status: in_force

If a child, as defined in Sections 37-23-61 and 37-23-63 , is under the legal guardianship of the State Department of Human Services, or any other state agency, and for whom no foster parents are available and no state-funded institution placement is available, funds available under Section 37-23-1 et seq. may be used to provide for the education of the child in an institution approved by the Department of Human Services and the State Department of Education. However, if the educational services needed by the child are available in a state funded institution, these funds shall not be used to pay for educational services at that institution. At any such time a child is taken out of a school setting and placed under the custody of the Department of Human Services, the department shall immediately notify the State Department of Education and apply for funds for the child's educational services under Section 37-23-1 et seq. and the State Department of Education shall respond to the application within ten (10) working days. The special education and related services provided for this child shall be provided in compliance with State Department of Education regulations. The State Department of Education shall promulgate such regulations as are necessary to implement this section.

The State Department of Education shall require that the special education and related services provided for the children under this section be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.
Miss. Code Ann. § 37-106-19 — MS Code / Title 37 / Chapter 14 / Section 106-19
Miss. Code Ann. § 37-106-19
Status: in_force

Each eligible applicant before being granted financial assistance through a forgivable loan program under this chapter shall enter into a contract with the board, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the financial assistance shall be granted to him, which shall include full repayment of all monies granted. Said contract shall include such terms and provisions as shall carry out the full purpose and intent of this chapter; and the form shall be prepared and approved by the Attorney General of this state, and shall be signed by the director and the applicant. All disabilities of minority are removed for purposes of this chapter.
Miss. Code Ann. § 37-29-107 — MS Code / Title 37 / Chapter 4 / Section 29-107
Miss. Code Ann. § 37-29-107
Status: in_force

Subject to the approval of the Mississippi Community College Board, the boards of trustees of junior college districts are hereby authorized and empowered to contract with and borrow money from the United States of America, or any department, instrumentality, agency or agencies thereof, as may be designated or created to make loans or grants, or from private lenders, for the purpose of acquiring land for, and erecting, repairing, remodeling, maintaining, adding to, extending, improving, equipping or acquiring dormitories with or without dining facilities, dwellings or apartments to be located at or near the campuses of such junior colleges, for the use of students, faculty members or officers or employees thereof. The said boards are hereby authorized to supervise the contracting for and the construction and equipping of all facilities constructed and financed hereunder.
Miss. Code Ann. § 37-13-21 — MS Code / Title 37 / Chapter 3 / Section 13-21
Miss. Code Ann. § 37-13-21
Status: in_force

The State Board of Health and the various county health departments are hereby authorized and empowered to establish and provide for health education programs in the public school districts of this state and to employ county health educators for such purpose. In order to effectuate such programs the county superintendents of education of counties in which such programs have been established, with the approval of the county board of education, and the board of trustees of the municipal separate school districts are authorized and empowered, in their discretion, to cooperate and join with the said State Board of Health and the county health departments in such program. For such purposes the said county superintendents of education, with the approval of the county board of education, are hereby authorized and empowered to expend such funds as may be necessary from the common school funds of the county, and the board of trustees of municipal separate school districts are hereby authorized and empowered to expend such funds as may be necessary from the maintenance funds of such districts for the purpose of defraying the expenses of such cooperative health education programs. Those students whose parents or guardians shall make written application to the proper authorities on the ground that such program is inconsistent with the tenets and practices of the known religious organization with which they are affiliated shall not be required to participate in the program.

The State Board of Health and various county health departments shall have the power and authority to enter into such agreements and joint programs with the said county superintendents of education and boards of trustees of municipal separate school districts as may be necessary, proper and desirable in carrying out the purposes of this section, and in establishing and carrying on health education programs in the public school districts of this state, and the said county superintendents of education, with the approval and consent of the county board of education, and the board of trustees of municipal separate school districts shall have the power and authority to enter into such agreements and joint programs with each other and with the State Board of Health and county health departments as may be necessary for such purpose.
Miss. Code Ann. § 37-101-44 — MS Code / Title 37 / Chapter 4 / Section 101-44
Miss. Code Ann. § 37-101-44
Status: in_force

(1) In lieu of exercising the authority set forth in Section 37-101-43 and before entering into or awarding any lease under Section 37-101-41 , the Board of Trustees of State Institutions of Higher Learning, subject to the provisions of Section 37-101-42 , may award contracts to a single entity for privately financed design and construction or renovation of facilities on university campuses, as well as for maintaining, furnishing and equipping of such facilities, if the entities receiving the contract or contracts and those entities to which work or services are subcontracted are duly licensed and qualified in the state to perform the contract or contracts. State General Fund appropriations or bonds backed by the state may not be used to finance the construction or maintenance of any such facility.

(2) The design-build delivery system described under subsection (1) of this section shall be administered pursuant to Section 31-7-13.1 and may be authorized only when the Board of Trustees of State Institutions of Higher Learning makes a determination, entered on its minutes, with specific findings for the project demonstrating how it is in the best interest of the public to enter into a design-build contract.
Miss. Code Ann. § 37-179-3 — MS Code / Title 37 / Chapter 9 / Section 179-3
Miss. Code Ann. § 37-179-3
Status: in_force

(1) A district which is an applicant to be designated as a district of innovation under Section 37-179-1 shall:

(a) Establish goals and performance targets for the district of innovation proposal, which may include:

(i) Reducing achievement gaps among groups of public school students by expanding learning experiences for students who are identified as academically low-achieving;

(ii) Increasing pupil learning through the implementation of high, rigorous standards for pupil performance;

(iii) Increasing the participation of students in various curriculum components and instructional components within selected schools to enhance at each grade level;

(iv) Increasing the number of students who are college and career-ready;

(v) Motivating students at different grade levels by offering more curriculum choices and student learning opportunities to parents and students within the district;

(b) Identify changes needed in the district and schools to lead to better prepared students for success in life and work;

(c) Have a district wide plan of innovation that describes and justifies which schools and innovative practices will be incorporated;

(d) Provide documentation of community, educator, parental, and the local board's support of the proposed innovations;

(e) Provide detailed information regarding the rationale of requests for waivers from Title 37, Mississippi Code of 1972 , which relate to the elementary and secondary education of public school students, and administrative regulations, and exemptions for selected schools regarding waivers of local school board policies;

(f) Document the fiscal and human resources the board will provide throughout the term of the implementation of the innovations within its plan; and

(g) Provide other materials as required by the department in compliance with the board's administrative regulations and application procedures.

(2) The district and all schools participating in a district's innovation plan shall:

(a) Ensure the same health, safety, civil rights, and disability rights requirements as are applied to all public schools;

(b) Ensure students meet compulsory attendance requirements under Sections 37-13-91 and 37-13-92 ;

(c) Ensure that high school course offerings meet or exceed the minimum required under Sections 37-16-7 and 37-3-49 , for high school graduation or meet early graduation requirements that may be enacted by the Mississippi Legislature;

(d) Ensure the student performance standards meet or exceed those adopted by the State Board of Education as required by Sections 37-3-49 , 37-16-3 and 37-17-6 , including compliance with the statewide assessment system specified in Chapter 16, Title 37, Mississippi Code of 1972;

(e) Adhere to the same financial audits, audit procedures, and audit requirements as are applied under Section 7-7-211(e) ;

(f) Require state and criminal background checks for staff and volunteers as required of all public school employees and volunteers within the public schools and specified in Section 37-9-17 ;

(g) Comply with open records and open meeting requirements under Sections 25-41-1 et seq. and 25-61-1 et seq. ;

(h) Comply with purchasing requirements and limitations under Chapter 39, Title 37, Mississippi Code of 1972;

(i) Provide overall instructional time that is equivalent to or greater than that required under Sections 37-1-11 and 37-13-67 , but which may include on-site instruction, distance learning, online courses, and work-based learning on nontraditional school days or hours; and

(j) Provide data to the department as deemed necessary to generate school and district reports.

(3)(a) Only schools that choose to be designated as schools of innovation shall be included in a district's application;

(b) As used in this paragraph, “ eligible employees ” means employees that are regularly employed at the school and those employees whose primary job duties will be affected by the plan; and

(c) Notwithstanding the provisions of paragraph (a) of this subsection, a local school board may require a school that has been identified as a persistently low-achieving school under provisions of Section 37-17-6 to participate in the district's plan of innovation.

(4) Notwithstanding any statutes to the contrary, the board may approve the requests of districts of innovation to:

(a) Use capital outlay funds for operational costs;

(b) Hire persons for classified positions in nontraditional school and district assignments who have bachelors and advanced degrees from postsecondary education institutions accredited by a regional accrediting association (Southern Association of Colleges and Schools) or by an organization affiliated with the National Commission on Accrediting;

(c) Employ teachers on extended employment contracts or extra duty contracts and compensate them on a salary schedule other than the single salary schedule;

(d) Extend the school days as is appropriate within the district with compensation for the employees as determined locally;

(e) Establish alternative education programs and services that are delivered in nontraditional hours and which may be jointly provided in cooperation with another school district or consortia of districts;

(f) Establish online classes within the district for delivering alternative classes in a blended environment to meet high school graduation requirements;

(g) Use a flexible school calendar;

(h) Convert existing schools into schools of innovation; and

(i) Modify the formula under Chapter 151, Title 37, Mississippi Code of 1972 , for distributing total funding formula funds for students in net enrollment in nontraditional programming time, including alternative programs and virtual programs. Funds granted to a district shall not exceed those that would have otherwise been distributed based on net enrollment during regular instructional days.
Miss. Code Ann. § 37-115-101 — MS Code / Title 37 / Chapter 4 / Section 115-101
Miss. Code Ann. § 37-115-101
Status: in_force

The board of trustees of state institutions of higher learning is hereby directed and authorized to establish a school of dentistry at the University of Mississippi Medical Center in Jackson.
Miss. Code Ann. § 37-11-33 — MS Code / Title 37 / Chapter 4 / Section 11-33
Miss. Code Ann. § 37-11-33
Status: in_force

The office or law enforcement department or agency or the justice court judge or the clerk of the circuit court making such reports as are required pursuant to the provisions of Section 37-11-29(2) , shall receive the sum of One Dollar ($1.00) for each such report made, which sum shall be paid from the general fund by the town, city, or county where such report or reports are made, upon proper bill being submitted therefor supported by certificate or affidavit that such reports have been made.

All such reports shall be preserved by each recipient thereof and a copy retained in the office or law enforcement department or agency, state, county or municipal, and in the office of any justice of the peace or circuit clerk, as the case may be, who or which made such report or reports.
Miss. Code Ann. § 37-101-323 — MS Code / Title 37 / Chapter 4 / Section 101-323
Miss. Code Ann. § 37-101-323
Status: in_force

The proceeds of the bonds authorized in Sections 37-101-301 through 37-101-331 shall be deposited in a special fund hereby created in the State Treasury to be known as the “Higher Education Capital Improvement Fund.” The proceeds of such bonds shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds. The costs incident to the issuance and sale of such bonds shall be disbursed by warrant upon requisition of the State Bond Commission, signed by the Governor. The expenditure of the remaining money shall be under the direction of the Office of General Services, and such funds shall be paid by the State Treasurer upon warrants issued by the Fiscal Management Board, which warrants shall be issued upon requisitions signed by the Executive Director of the Office of General Services.
Miss. Code Ann. § 37-138-13 — MS Code / Title 37 / Chapter 15 / Section 138-13
Miss. Code Ann. § 37-138-13
Status: in_force

(1) It is unlawful for any person who does not possess a valid project designer certificate to specify engineering methods and work practices under an asbestos project to another person.

(2) To qualify for a project designer certificate, an applicant shall:

(a)(i) Have attained a Bachelor of science degree in engineering or its equivalent from an accredited university and be licensed by the Mississippi Board of Registration for Professional Engineers and Land Surveyors as a registered professional engineer or, (ii) have attained a Bachelor of Science degree in architecture or its equivalent from an accredited university and be licensed as an architect by the Mississippi Board of Architecture or, (iii) have satisfactorily completed prior to April 1, 1990, either a project designer training course or an asbestos abatement contractor training course and a supervisor's training course, each approved by the United States Environmental Protection Agency, and any applicable annual refresher training courses approved by the United States Environmental Protection Agency such that applicable training has been continuously current and is current as of April 1, 1990, for the purpose of satisfying this paragraph (a) only; however, this subparagraph (iii) shall apply only to applicants applying for a certificate prior to November 1, 1991;

(b) Satisfactorily complete a commission-approved training course for project designers, except that a project designer training course approved by the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and

(c) Demonstrate to the satisfaction of the commission that the applicant and applicant's employees and agents are familiar with and capable of complying with all applicable federal and state laws and regulations.

(3) Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.

(4) Each applicant for a project designer certificate shall, on an annual basis, submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.
Miss. Code Ann. § 37-7-359 — MS Code / Title 37 / Chapter 4 / Section 7-359
Miss. Code Ann. § 37-7-359
Status: in_force

Any school district which shall execute a lease rental contract under the provisions of Section 37-7-301(v) after June 30, 1987 or in connection with a sale-leaseback or lease-leaseback arrangement authorized under the provisions of Section 37-7-355 shall annually appropriate sufficient monies to pay the lease rentals stipulated to be paid by such school district in the lease contract and/or lease purchase agreement, which lease contract and/or lease-purchase agreement shall constitute a general obligation of the school district. Any lease contracts entered into under the authority granted by Section 37-7-301(v) or 37-7-351 through 37-7-359 shall not be considered bonded indebtedness for purposes of the limitations of indebtedness contained in Sections 37-59-5 and 37-59-7 and shall not be subject to such limitations. Any millage being initially levied on or before July 1, 1991, to fund leases under this section shall remain in force until such time as the lease term has expired and the school district has fulfilled all of its obligations thereafter.
Miss. Code Ann. § 37-7-715 — MS Code / Title 37 / Chapter 5 / Section 7-715
Miss. Code Ann. § 37-7-715
Status: in_force

Upon the organization, reorganization or reconstitution of any special municipal separate school district, the board of supervisors of the county wherein such special municipal separate school district is located and the governing authorities of the municipality may, by an order spread upon their minutes within sixty days after such organization, reorganization or reconstitution shall have become final, expressing an agreement between both such governing authorities, choose to constitute the board of such special municipal separate school district under one of the optional methods of organization set out in Section 37-7-717 . In the event that both the governing authorities hereinabove referred to shall enter such an order within said period, then the said board of trustees shall be thereafter constituted and selected according to the terms of such agreement, provided such agreement is in conformity with the terms of Section 37-7-717 . It is further expressly provided that irregularities of a procedural nature in the adoption of such orders shall not affect the validity of the same or the validity of any acts of the board of trustees which may be constituted by virtue thereof.
Miss. Code Ann. § 37-146-11 — MS Code / Title 37 / Chapter 11 / Section 146-11
Miss. Code Ann. § 37-146-11
Status: in_force

(1) Students in the program may apply to the University of Mississippi School of Dentistry.

(2) Students in the program seeking admission to the University of Mississippi School of Dentistry shall be eligible for the admissions process pursuant to criteria established by the School of Dentistry Admissions Committee which will include consideration of the attributes of participation in the program.

(3) In carrying out the admissions process developed for the Mississippi Rural Dentists Scholarship Program participants under this section, the goal is for the program to work with the School of Dentistry to enhance the capability of participants to successfully enter and complete dental school and enter practice in rural or underserved areas in Mississippi. To the extent feasible, the early admissions process should be completed before December 1 of the year preceding a student's admission to dental school.
Miss. Code Ann. § 37-113-9 — MS Code / Title 37 / Chapter 4 / Section 113-9
Miss. Code Ann. § 37-113-9
Status: in_force

The right belongs to each county to have a number of students admitted to the Mississippi State University of Agriculture and Applied Science proportionate to its number of educable males compared with the whole number in the state.
Miss. Code Ann. § 37-175-9 — MS Code / Title 37 / Chapter 6 / Section 175-9
Miss. Code Ann. § 37-175-9
Status: in_force

(1) Each local school district shall make an initial determination of whether a student has an eligibility ruling of speech-language impairment that qualifies under the Individuals with Disabilities Education Act (IDEA) to receive services and funding under the provisions of the IDEA before proceeding to the development of a plan for each speech-language impaired student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-150 .

Furthermore, these provisions do not prohibit a parent or legal guardian of a student who has an eligibility ruling of speech-language impairment, at any time, from choosing the option of a Mississippi Speech-Language Therapy Scholarship which would allow the student to attend another nonpublic special purpose school.

(2) If the parent or legal guardian chooses the nonpublic school option and the student is accepted by the nonpublic school pending the availability of a space for the student, the parent or legal guardian of the student must notify the department thirty (30) days before the first scholarship payment and before entering the nonpublic school in order to be eligible for the scholarship when a space becomes available for the student in the nonpublic school.
Miss. Code Ann. § 37-43-25 — MS Code / Title 37 / Chapter 5 / Section 43-25
Miss. Code Ann. § 37-43-25
Status: in_force

Specimen copies of all textbooks, which have been made the basis of contracts under the provisions of this chapter, clearly marked and identified as such, shall be deposited by the publisher of said books with the State Superintendent of Public Education. Said specimen copies shall be preserved and kept open for inspection by the public.

A copy of all contracts and bonds executed under the provisions of this chapter shall be provided to the following, one (1) copy for the contractor, one (1) copy to be filed in the Office of the Secretary of State, and one (1) copy to be filed in the office of the State Superintendent of Public Education.

An original of each bid, whether accepted or rejected, shall be filed and preserved in the office of the State Superintendent of Public Education for at least five (5) years.
Miss. Code Ann. § 37-11-3 — MS Code / Title 37 / Chapter 11 / Section 11-3
Miss. Code Ann. § 37-11-3
Status: in_force

In addition to all other power and authority which may now be vested in any board of trustees of any school district by the Constitution or statutes, or both, of the State of Mississippi, any such board of trustees is hereby vested with the authority to provide by assignment or reassignment, or other appropriate means, for the separation of students according to sex, separately by classrooms or schools, when such board, in its discretion, determines such separation will promote or preserve the public peace, order or tranquility of the school district, or the health, morals or education of the students.
Miss. Code Ann. § 37-101-149 — MS Code / Title 37 / Chapter 1 / Section 101-149
Miss. Code Ann. § 37-101-149
Status: in_force

The proceeds derived or received from all sales of timber, trees, dead wood, and stumps, and from all oil, gas and mineral leases, or leases for other purposes, provided for in Sections 37-101-141 and 37-101-143 , including but not limited to rentals, bonuses, royalties, and delay rentals, shall be deposited in such special funds as the said board of trustees of state institutions of higher learning may designate for the use and benefit of the institution owning or having the use and benefit of the land from which such money was derived. Such money, after all expenditures for maintenance, operation, and improvements necessary for effective and scientific management of said resources shall have been deducted, shall be used and expended under the supervision of said board of trustees for the erection and construction of permanent improvements on the campuses of such institutions, or for the repair of permanent improvements existing on said campuses. It is the purpose of this section that the funds received from lands held for the use of each of the respective institutions shall be kept in a special fund for the use and benefit of the institution having the use and benefit of the land from which such funds were derived, and that such funds shall be expended only for the purposes hereinabove set forth.

Notwithstanding any other provisions of this section, such reports as may be required by the state auditor of public accounts shall be made to him by the institutions of higher learning in the manner and at the times he may prescribe, so that his records may reflect full and complete information relative thereto.
Miss. Code Ann. § 37-28-47 — MS Code / Title 37 / Chapter 15 / Section 28-47
Miss. Code Ann. § 37-28-47
Status: in_force

(1)(a) Charter schools must comply with applicable federal laws, rules and regulations regarding the qualification of teachers and other instructional staff. No more than twenty-five percent (25%) of teachers in a charter school may be exempt from state teacher licensure requirements. Administrators of charter schools are exempt from state administrator licensure requirements. However, teachers and administrators must have a bachelor's degree as a minimum requirement, and teachers must have demonstrated subject-matter competency. Within three (3) years of a teacher's employment by a charter school, the teacher must have, at a minimum, alternative licensure approved by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.

(b) A charter school may not staff positions for teachers, administrators, ancillary support personnel or other employees by utilizing or otherwise relying on nonimmigrant foreign worker visa programs. However, a charter school may submit a request to the authorizer for an exception allowing the employment of a nonimmigrant foreign worker before the worker is employed. The authorizer may grant permission for the employment of the nonimmigrant foreign worker only if the charter school makes a satisfactory showing of efforts to recruit lawful permanent residents of the United States to fill the position and a lack of qualified applicants to fill the position.

(2) Employees in charter schools must have the same general rights and privileges as other public school employees, except such employees are not:

(a) Covered under the Education Employment Procedures Law ( Section 37-9-103 ); and

(b) Subject to the state salary requirements prescribed in Section 37-19-7 .

(3) For the purpose of eligibility for participation in the Public Employees' Retirement System, a public charter school is considered to be a political subdivision of the state. Employees in public charter schools are eligible for participation in other benefits programs if the public charter school governing board chooses to participate.
Miss. Code Ann. § 37-13-137 — MS Code / Title 37 / Chapter 4 / Section 13-137
Miss. Code Ann. § 37-13-137
Status: in_force

(1) The State Board of Education shall adopt regulations as provided in this section not later than March 1, 2008, which shall be effective for compliance by school districts beginning with the 2008-2009 school year, for the Child Nutrition School Breakfast and Lunch Programs that are not in conflict with the regulations of the United States Department of Agriculture (USDA). The regulations shall take into account the most recent and advanced scientific principles regarding good human health and fitness, and the effect of the regulations must be that the good health, well-being and fitness of Mississippi school children shall be advanced. The regulations shall include, but not be limited to, the following areas:

(a) Healthy food and beverage choices;

(b) Healthy food preparation;

(c) Marketing of healthy food choices to students and staff;

(d) Food preparation ingredients and products;

(e) Minimum and maximum time allotment for students and staff lunch and breakfast periods;

(f) The availability of food items during the lunch and breakfast periods of the Child Nutrition School Breakfast and Lunch Programs; and

(g) Methods to increase participation in the Child Nutrition School Breakfast and Lunch Programs.

(2) The Office of Healthy Schools of the State Department of Education shall provide comprehensive training for superintendents, business managers, food service directors and food service managers of a local school district, or the designees appointed by those individuals for training purposes, as required by the department on marketing healthy foods, creating a healthy cafeteria environment, effective and efficient food service operations, the standards and expectations of food service staff, and other topics as identified by the department. The department may determine the time and location of the trainings and the frequency with which they are held. Persons employed by a local school district having the certification as a Food Service Administrator III or IV shall be exempt from the training requirements of this subsection.

(3) Local school districts may adopt rules and regulations that may be more stringent but not in conflict with those adopted by the State Board of Education under this section.