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2012 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September, 2012 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2012 REGULAR SESSION PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 10A (As Revised 2007) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe Publisher LexisNexis QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONS concerningthispublication, orREPRINTPERMISSION, pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCEconcerningreplacementpages, shipments,billingorother matters,pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnited States andCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS, pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStates andCanada 518-487-3000 Copyright © 2012 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark ofReed Elsevier Properties, Inc., used under license. Matthew Bender is a registered trademark ofMatthew Bender Properties, Inc. 5462623 ISBN 978-0-327-09628-3 (Code set) ISBN 978-1-4224-3902-9 (Volume 10A) LexisNexis Matthew Bender & Company, Inc. 701 E. Water Street, Charlottesville, VA22902-5389 www.lexisnexis.com (Pub.44510) User's Guide In orderto assistboththelegal profession andthelaymanin obtainingthe maximumbenefitfromthe Mississippi Code of1972Annotated, aUser's Guide has been included in the main volume. This guide contains comments and information on the many features found within the Code intended to increase the usefulness ofthe Code to the user. 111 Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmssupp10a2012 PUBLISHER'S FOREWORD Statutes The 2012 Supplement to the Mississippi Code of 1972 Annotated reflects the statute law of Mississippi as amended by the Mississippi Legislature through the end ofthe 2012 Regular Session. Annotations Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources that arereadto create annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecentcases annotatedmaynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court andthe Court ofAppeals and decisions ofthe appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series American Law Reports, Federal Series Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Amendment Notes Amendment notes detail how the new legislation affects existing sections. Editor's Notes Editor's notes summarize subject matter and legislative history of repealed sections, provide information as to portions oflegislative acts thathave not been codified, or explain other pertinent information. Publisher's Foreword Joint Legislative Committee Notes Joint Legislative Committee notes explain codification decisions and corrections ofCode errors made by the Mississippi Joint Legislative Commit- tee on Compilation, Revision, and Publication ofLegislation. Tables The StatutoryTablesvolume adds tables showingdispositionoflegislative acts through the 2012 Regular Session. Index The comprehensive Index to the Mississippi Code of 1972 Annotated is replaced annually, and we welcome customer suggestions. The foreword to the Index explains our indexing principles, suggests guidelines for successful index research, and provides methods for contacting indexers. Acknowledgements The publisher wishes to acknowledge the cooperation and assistance rendered by the Mississippi Joint Legislative Committee on Compilation, Revision, and Publication ofLegislation, as well as the offices ofthe Attorney General and Secretary ofState, in the preparation ofthis supplement. User Information Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company information. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. September 2012 LexisNexis VI SCHEDULE OF NEW SECTIONS Added in this Supplement CHAPTER 41. Transportation ofPupils Sec. 37-41-59. Mounting camera on school bus retractable, hand-operated stop sign. 37-41-61. Information campaign on school bus safety. CHAPTER 61. Expenditure ofSchool Funds; Budgets 37-61-8. Preparation and submission of plan to reduce costs in school district required under certain circumstances [Repealed effective July 1, 2015]. CHAPTER 113. Mississippi State University ofAgriculture andApplied Science 37-113-48. "Old Extension Service Building" designated "Lloyd-Ricks-Watson Building." CHAPTER 115. University ofMississippi UNIVERSITY OF MISSISSIPPI MEDICAL CENTER 37-115-47. Authorization to dispose ofproperly preserved food through charitable donation. 37-115-49. University ofMississippi Medical Center - ACT Center Fund created; purpose. CHAPTER 119. University ofSouthern Mississippi 37-119-9. Authorization to borrow funds to establish certified registered nurse anesthetist education and training program. 37-119-11. DuBard School for Language Disorders Fund created. CHAPTER 121.Alcorn State University 37-121-9. MarksVegetableProcessingFacilityrenamedtheClaytonP. Henderson Vegetable Processing Facility. 37-121-11. Alcorn State University Baseball Park named the Willie E. "Rat" McGowan, Sr., Baseball Stadium. 37-121-13. Baseball field within the Willie E. "Rat" McGowan, Sr., Baseball Stadium named the "William 'Bill'Foster Baseball Field." CHAPTER 135. Compacts with Other States INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN 37-135-31. Purpose; applicability; educational records and enrollment; placement and attendance; eligibility; graduation; state coordination; Interstate Commission on Educational Opportunity for Military Children powers and duties, organization and operation, rule-making functions, over- sight, enforcement and dispute resolution, and financing; member states, effective date and amendment; withdrawal and dissolution; severability and construction; other laws. 2012 Supplement 1 Schedule of New Sections CHAPTER 143. Omnibus Loan or ScholarshipAct of 1991 Sec. 37-143-12. Speech-Language Pathologists Loan Forgiveness Program. CHAPTER 151. MississippiAccountability andAdequate Education ProgramAct of 1997 IN GENERAL 37-151-7.1. Countytax assessors to provide State Department ofEducation certain information essential to determination of school district's contribution toward cost ofAdequate Education Program. 37-151-8. State Board of Education to adopt regulations that require school districts receiving MAEP at-risk funds to use funds to implement programs to serve at-risk students; accountability for expenditure of funds. CHAPTER 152. Commission on Restructuring the MississippiAdequate Education Program (MAEP) 37-152-3. Task force to study and report on failing schools and school districts, effectiveness measures for improvement of failing schools and school districts and enhancement of accountability and sanctions; task force composition and compensation; matters to be studied and reported on; staff; annual report of findings and recommendations [Repealed effective July 1, 2012]. CHAPTER 154. State Longitudinal Data System [Effective July 1, 2013] 37-154-1. State Longitudinal Data System (SLDS); establishment [Effective July 1, 2013]. 37-154-3. Governance [Effective July 1, 2013]. CHAPTER 159. Mississippi Teacher Scholarship Programs MISSISSIPPI CRITICAL NEEDS TEACHER SCHOLARSHIP PROGRAM 37-159-17. Mississippi Critical TeacherShortage Fund; establishment; deposit and use offunds. MISSISSIPPI DYSLEXIAEDUCATION SCHOLARSHIP PROGRAM 37-159-51. Mississippi Dyslexia Education Scholarship Program established; purpose; eligibility; scholarship amount; terms of service; liability for failure to complete studies. 37-159-53. AdministrationofMississippi DyslexiaEducation ScholarshipProgram; maximum number ofstudents selected annually for scholarships. CHAPTER 160. Teach forAmericaAct 37-160-1. Short title; purpose. 37-160-3. Definitions. 37-160-5. AwardofgrantstoTeachForAmerica-Deltatorecruitnewteachers;use offunds. 37-160-7. Grantee to provide written status report; report contents. CHAPTER 163. EducationAchievement Council 37-163-1. EducationAchievementcouncilcreated;composition;dutiesandrespon- sibilities; annual report; compensation. 2 2012 Supplement Schedule of New Sections CHAPTER 165. Conversion Charter SchoolAct of2010 Sec. 37-165-1. Short title [Repealed effective July 1, 2016]. 37-165-3. Legislative intent [Repealed effective July 1, 2016]. 37-165-5. Definitions [Repealed effective July 1, 2016]. 37-165-7. Applicability; establishment ofrules and regulations; contents ofpeti- tion for conversion; procedures and process for conversion; selection of localmanagementboard; contentsofconversionplan;powersandduties oflocal management board [Repealed effective July 1, 2016]. 37-165-9. Immunity from civil and criminal liability; legal representation [Re- pealed effective July 1, 2016]. 37-165-11. Time line for accepting conversion petitions; approval or denial of petition; written notification to sponsors of reasons for rejection of petition;resubmissionaftercorrectionofdeficiencies [Repealedeffective July 1, 2016]. 37-165-13. Conversion charter school considered public school for certain funding and service purposes; eligibility for enrollment in conversion charter school [Repealed effective July 1, 2016]. 37-165-15. Term ofcontract for conversion charter school; removal from conversion charter school status [Repealed effective July 1, 2016]. 37-165-17. Employees of conversion charter school are considered employees of local school district for purposes ofreceiving certain benefits [Repealed effective July 1, 2016]. 37-165-19. Limitonnumberofconversioncharterschoolspercongressionaldistrict [Repealed effective July 1, 2016]. 37-165-21. Unlawful reprisal against school district employee for direct or indirect involvement in petition to convert public school to conversion charter school prohibited [Repealed effective July 1, 2016]. 37-165-23. ApplicabilityofEducationEmploymentProceduresLawtoemployeesof school convertedto conversion charter school [Repealed effectiveJuly 1, 2016]. 37-165-25. Sources of funding for public schools converted to conversion charter school [Repealed effective July 1, 2016]. 37-165-27. Repeal of Sections 37-167-1, 37-9-3, 37-9-103 and 37-165-1 through 37-165-27. CHAPTER 167. New Start School Program 37-167-1. Applicability; definitions; New Start School Programestablished; notice to school employees and public of potential transformation of failing public school to new start school; adoption of rules and regulations; limitation of travel by superintendent and local school board under certain circumstances [Repealed effective July 1, 2016]. CHAPTER 169. MississippiAutismAdvisory Committee 37-169-1. Mississippi autism advisory committee created; purpose; report to Legislature. 37-169-3. Composition ofadvisory committee. 37-169-5. Duties ofadvisory committee; meetings; terms ofmembers. CHAPTER 171. Use ofSchool Property by Public for Recreation and Sports 37-171-1. Legislative findings and intent. 37-171-3. Definitions. 37-171-5. Useofschoolpropertyduringnonschoolhoursbypublicforrecreationor sports authorized; liability. 2012 Supplement 3 Schedule of New Sections Sec. 37-171-7. Shared use agreements with community organizations and local gov- ernmental agencies. CHAPTER 173. Dyslexia Therapy Scholarship for Students with Dyslexia Program 37-173-1. Definitions [Repealed effective July 1, 2016]. 37-173-3. Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program established [Repealed effective July 1, 2016]. 37-173-5. Option to remove child from traditional school and enroll in public or nonpublic school that meets standards for unique learning needs of students with dyslexia; scholarship eligibility requirements [Repealed effective July 1, 2016]. 37-173-7. Student eligibility for scholarship; duration of scholarship [Repealed effective July 1, 2016]. 37-173-9. Public school option; nonpublic school option [Repealed effective July 1, 2016]. 37-173-11. ParentalobligationsifapplyingforMississippi DyslexiaTherapySchol- arship [Repealed effective July 1, 2016]. 37-173-13. Maximum scholarship; report by nonpublic schools; disbursement of payments to nonpublic schools [Repealed effective July 1, 2016]. 37-173-15. Screeningofallcompulsory-school-agechildrenenrolledinpublicschool fordyslexia; subsequentdyslexiaevaluations [RepealedeffectiveJuly 1, 2016]. 37-173-17. Eligibility requirements for nonpublic schools to participate in scholarship program [Repealed effective July 1, 2016]. 37-173-19. Publication of information regarding Mississippi Dyslexia Therapy Scholarship; annual reports [Repealed effective July 1, 2016]. 37-173-21. Administrative and instructional personnel qualifications [Repealed effective July 1, 2016]. 37-173-23. Criminal background checks and fingerprinting of school personnel [Repealed effective July 1, 2016]. 37-173-25. Payment of federal and state aid program monies to participating schools; audit and budget submission requirements [Repealed effective July 1, 2016]. 37-173-27. Liability for award or use ofMississippi Dyslexia Therapy Scholarship [Repealed effective July 1, 2016]. 37-173-29. No expansion of regulatory authority of state over nonpublic schools beyond what is necessary to enforce this chapter [Repealed effective July 1, 2016]. 37-173-31. Repeal ofchapter [Repealed effective July 1, 2016]. TITLE 39. LIBRARIES,ARTS,ARCHIVESAND HISTORY CHAPTER 5.Archives and History IN GENERAL 39-5-33. Authorization to extinguish, abandon and nullify certain conservation easements. HISTORIC SHIPWRECK PROJECT 39-5-151. Recovery and restoration of historic shipwreck at state site 22Ja542; historic shipwreck project fund. CHAPTER 31. Mississippi Bicentennial Celebration Commission [Repealed effective July 1, 2019] 39-31-1. Mississippi Bicentennial Celebration Commission created; composition; 4 2012 Supplement