Mississippi Legislature - 2020 Regular Session
SB 3044, Chapter 488
AN ACT TO ESTABLISH THE "EQUITY IN DISTANCE LEARNING ACT" TO BE ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF EDUCATION TO PROVIDE GUIDANCE, TECHNICAL SUPPORT AND FINANCIAL REIMBURSEMENT TO SCHOOLS TO PROVIDE DISTANCE LEARNING AND ONLINE SERVICES; TO PROVIDE FOR CERTAIN TRANSFERS BY THE STATE FISCAL OFFICER; TO STATE LEGISLATIVE FINDINGS AND INTENT; TO DEFINE TERMS; TO ESTABLISH THE "EQUITY IN DISTANCE LEARNING GRANT PROGRAM"; TO PROVIDE THAT ALLOCATIONS UNDER THE PROGRAM SHALL BE MADE BASED ON AVERAGE DAILY MEMBERSHIP; TO HIGHLY ENCOURAGE EACH SCHOOL TO COMMIT A PORTION OF ITS FEDERAL ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF (ESSER) FUNDS TO PURCHASE EQUIPMENT FOR ITS DISTANCE LEARNING PLAN; TO REQUIRE THE DEPARTMENT TO INFORM EACH SCHOOL OF ITS PORTION OF AVAILABLE FUNDS, TO DEVELOP REGULATIONS AND PROCEDURES TO GOVERN THE GRANT PROGRAM, AND TO COMPILE AN EXPRESS PRODUCTS LIST; TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR SCHOOLS TO BE REIMBURSED UNDER THE GRANT PROGRAM; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "EQUITY IN DISTANCE LEARNING FUND"; TO AMEND SECTION 31-7-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PURCHASES UNDER THE GRANT PROGRAM CREATED UNDER THIS ACT AND THE DIRECTIVE THAT SCHOOL DISTRICTS CREATE A DISTANCE LEARNING PLAN AND FULFILL TECHNOLOGY NEEDS EXPEDITIOUSLY SHALL BE DEEMED AN EMERGENCY PURCHASE FOR PURPOSES OF THE PROCUREMENT AND COMPETITIVE BIDDING LAW; TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE SEVERABLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
(2) Upon the effective date of this act, the State Fiscal Officer shall transfer One Hundred Twenty-nine Million Seven Hundred Thousand Dollars ($129,700,000.00) to the Equity in Distance Learning Fund, created in Section 8 of this act, out of the Budget Contingency Fund. The department shall allocate the funds under this subsection (2) to the schools pursuant to Section 5(2) of this act.
(3) Upon the effective date of this act, the State Fiscal Officer shall transfer Twenty Million Dollars ($20,000,000.00) to the Equity in Distance Learning Fund, created in Section 8 of this act, out of the Budget Contingency Fund. The department shall allocate the funds under this subsection (3) to the schools according to the schools' needs assessment responses.
(a) The State of Emergency and ongoing public health crisis related to COVID-19 requires all schools to plan and implement distance learning programs, and plan to facilitate safe classroom and remote instruction;
(b) The availability of unprecedented federal funding for distance learning has created a unique opportunity for schools to provide all students and teachers with better access to technology to enhance traditional classroom teaching; and
(c) In recognition that every school's technology needs are different, this act establishes the Equity in Distance Learning Grant Program to require the Mississippi Department of Education and schools to expend funds on eligible expenses, within the relevant statutory provisions of this act and the regulations promulgated, in order to assist schools in expeditiously implementing distance learning programs and facilitating safe classroom and remote instruction.
(2) Therefore, the intent of the Mississippi Legislature is:
(a) To provide funding for devices and other technology, including technology related to connectivity and online access, sufficient for students, teachers, and administrators and other staff to engage in grade-appropriate distance learning aligned with the state's College and Career Readiness Standards, and provide funding for safe classroom or remote instruction; and
(b) To provide funding for technical support and professional development to facilitate distance learning and safe classroom or remote instruction.
(a) "Grant program" means the Equity in Distance Learning Grant Program established in this act.
(b) "Department" means the Mississippi Department of Education.
(c) "School" means public school districts, agricultural high schools, the Mississippi School for the Deaf and Blind, the Mississippi School of the Arts and the Mississippi School for Mathematics and Science and public charter schools.
(d) "COVID-19" means the Coronavirus Disease 2019.
(e) "State of Emergency" means the State of Emergency declared by Executive Order of the Governor of the State of Mississippi on March 14, 2020, and any amendments thereto or subsequent orders or amendments thereto.
(f) "Express Product List" or "EPL" means the compilation of vendors and products adopted by the department for use by schools for the purchase of devices, software, online tools, and other equipment and technology necessary to support distance learning.
(g) "Learning management system" means a software application for the administration, documentation, tracking, reporting, automation and delivery of educational courses, training programs, or learning and development programs.
(h) "Eligible expenses" means a cost incurred by a school, pursuant to this act, to facilitate or enhance distance learning capabilities under its distance learning plan, including:
(i) The purchase of laptop computers, tablets, assisted learning devices or other devices which can be used personally by a student or teacher in their home or in the classroom;
(ii) The purchase of learning management systems, software and other online tools;
(iii) The purchase and installation of hardware to provide for or enhance the internet connectivity of a school's students, including the cost of establishing personal or centrally located hotspots;
(iv) The enhancement of security related to devices or connectivity to comply with state and federal law, and to protect students, teachers and administrators and other staff working within the school;
(v) The delivery of professional development related to use of devices, connectivity and other relevant components of distance learning for teachers, students and the wider community, including parents or guardians of students enrolled in the school; and
(vi) Materials or equipment necessary to increase health and safety precautions in classrooms or other school facilities.
(2) Subject to appropriations by the Legislature, allocations to schools shall be made based on average daily membership, as defined in Section 37-151-5 and as calculated in the 2019-2020 school year. For any school not funded under the Mississippi Adequate Education Program, the department shall calculate the average-daily-membership equivalent or fund the school based on enrollment.
(3) Subject to the provisions of this act, and other applicable federal law and regulations, schools shall have the authority to use the funds provided in this grant program in a way which best facilitates their distance learning plan, and safe classroom or remote instruction.
(4) Schools are highly encouraged to commit a portion of their federal ESSER funds, above the amount required by Section 7(b) of this act, as supplemental matching funds to offset the total cost of purchasing sufficient electronic devices, technological supports and systems of service for its distance learning plan.
(a) Inform each school of its portion of the funds appropriated to this grant program as provided for in Section 5(2) of this act;
(b) Develop regulations and procedures to govern the administration of this grant program, to include:
(i) A reimbursement process for schools to submit expenditures and receive reimbursement for eligible expenses from the department up to the total amount allocated to each school in Section 5 of this act;
(ii) Provide guidance to schools in the development of a technology sustainability plan, addressing how devices and other technology purchased and used by the school district, and students, teachers and other administrators and staff, will be maintained throughout their usage and replaced before the expiration of the term of their expected useful life;
(iii) Provide guidance to schools in the development of a responsible use policy for students, teachers and administrators or other staff to govern the use of devices and other technology purchased under this grant program;
(c) Provide guidance to schools on the development and implementation of a distance learning plan;
(d) Solicit bid proposals from vendors to establish an EPL; and
(e) Seek an emergency exemption from the procurement laws and bidding procedures established in Section 31-7-13 to expedite the compilation of an EPL and to minimize the cost of relevant devices or other technology for school districts through bulk purchasing.
(2) The department may:
(a) Revise the adopted EPL based upon purchasing...
