MCA Chapter 35

in effect

Miss. Code Ann. § 37-35-1 Mississippi Community College Board to develop program of adult education.

The Mississippi Community College Board is authorized and directed to prescribe rules and regulations, which said rules and regulations when properly promulgated and not inconsistent with the provisions of this chapter shall have the force and effect of law, under which a program may be established, maintained and supervised for the purpose of supplying educational advantages to adults, which shall include all persons sixteen (16) years of age and over, not enrolled in school or required to be enrolled in school by the compulsory school attendance law, Section 37-13-91, Mississippi Code of 1972. The aim and purpose of such a program shall be to reduce illiteracy and to provide a general plan of continuing education in the fundamental principles of democratic society, citizenship, public affairs, forums, home family life, arts and crafts, general cultural subjects with priority to be given to academic training through high school and training in technical skills and trades needed by industries, and such other subjects as the Mississippi Community College Board may prescribe for the social and economic advancement of adults. The Mississippi Community College Board is authorized to employ such additional supervisory, secretarial and clerical personnel as may be necessary to carry out the provisions of this chapter.

Miss. Code Ann. § 37-35-3 Establishment and maintenance of adult education classes; levy of ad valorem tax; High School Equivalency Diploma programs.

The board of trustees of any school district, including any community/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. 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/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. 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/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 minimum program funding only. Such students shall not be considered as enrolled in the regular school program for academic or programmatic purposes. Students participating in an approved High School Equivalency Diploma Option program shall have an individual career plan developed at the time of placement to insure 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: Academic/instructional needs of the student; Job readiness needs of the student; and Work experience program options available for the student. 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. 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 programs may be paid from funds made available to the school district through contributions, minimum program funds or from local district maintenance funds. 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: The student must be at least sixteen (16) years of age; 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; The student must have taken every opportunity to continue to participate in coursework leading to a diploma; and The student must be certified to be eligible to participate in the GED course by the school district superintendent, based on the developed criteria. 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. § 37-35-5 Acceptance of federal funds.

For the purpose of supporting the adult education program authorized in this chapter, the Mississippi Community College Board is authorized to accept for and on behalf of the State of Mississippi, federal funds made available to the state for the purpose of adult education. Such funds shall be used by the Mississippi Community College Board for the administration of the program and to supplement the local funds made available by any school district, provided such program is conducted under the rules and regulations established by the Mississippi Community College Board. All programs of adult basic education administered by the State Department of Education on July 1, 1992, shall be continued with at least the same level of funding, until July 1, 1995, provided that such programs are financially and programmatically sound and meet the requirements of federal rules and regulations. Nothing in Sections 37-35-1 through 37-35-11 shall be interpreted in a manner to prevent or interfere with the independent operation or administration of adult education under the Department of Human Services, including, but not limited to, those programs administered by the Governor’s Office of Literacy and Workplace Enhancement, or of any general educational development preparatory instruction and testing administered by a school district in an alternative school program.

Miss. Code Ann. § 37-35-7 Utilization of state appropriations.

Any funds that may be appropriated by the State Legislature for the purpose of carrying out a program of adult education may be used to supplement local funds or to meet the minimum requirements of the federal government for a program of adult education in the state, provided such program is conducted under the rules and regulations established by the Mississippi Community College Board.

Miss. Code Ann. § 37-35-9 High School Equivalency diploma testing program; administration and supervision.

The Mississippi Community College Board is authorized to develop and establish general educational development preparatory classes in secondary schools and community/junior colleges and to provide financial assistance from the state for the specific purpose of preparing persons sixteen (16) years of age and older, not enrolled in school or required to be enrolled in school by the Compulsory School Attendance Law (Section 37-13-91) to successfully write the general educational development test and earn a certificate of equivalency which is equivalent to the high school diploma. The Mississippi Community College Board is authorized to administer the High School Equivalency Diploma Testing Program in accordance with the policies and guidelines of the High School Equivalency Diploma Testing Service of the American Council on Education. Such administration shall include the approval of rules and regulations for the administration, scoring, issuing of transcripts and awarding of diplomas for the High School Equivalency Diploma Testing Program. The Mississippi Community College Board is hereby authorized to assess a fee in an amount not to exceed Five Dollars ($5.00) for issuing an additional copy of a High School Equivalency Diploma transcript. This program shall be administered by the Mississippi Community College Board through the secondary schools and community/junior colleges as the local needs indicate and are practical. Full and general supervision over the program by the Mississippi Community College Board shall insure that duplication of effort by secondary schools and community/junior colleges will be eliminated; however, nothing in this section shall be construed to prohibit a school district from implementing a program of High School Equivalency Diploma preparatory instruction. Adult students for general educational development preparatory classes may be accepted by schools and junior colleges from any area of the state provided students are bona fide residents of Mississippi. Instructors, counselors and supervisors utilized in the teaching of general educational development preparatory classes shall be licensed in the appropriate area as required by the Mississippi Community College Board.

Miss. Code Ann. § 37-35-11 General educational development preparatory classes; policies and procedures; funding; annual report.

The Mississippi Community College Board shall determine policies and procedures for administration of this program. Funds provided under this section and Section 37-35-9 can be used for matching federal funds if such become available. Funds provided under this section and Section 37-35-9 shall be allocated to schools and community/junior colleges on an average of twelve (12) to fifteen (15) adult students per class in average attendance, for one hundred fifty (150) hours maximum instruction per class. Funds will be allocated on a basis of target population by county for general educational development preparatory classes based on adults who have from nine (9) to eleven (11) years of schooling as indicated by the 1990 census. Schools and community/junior colleges will receive one hundred percent (100%) of the cost of general educational development preparatory classes. All classes funded under this section and Section 37-35-9 shall be considered temporary and shall be renewed only as long as participation is adequate for continued funding. An annual report on program activities, adult participation and results shall be prepared by the Mississippi Community College Board and submitted to the Mississippi Legislature within the first month of regular legislative session each year.

Miss. Code Ann. § 37-35-13 Criminal penalties for violations of High School Equivalency Diploma security procedures.

It is unlawful for anyone knowingly and willfully to do any of the following acts regarding the High School Equivalency Diploma: Give an examinee access to test questions prior to testing; Copy or reproduce all or any portion of any secure test booklet or completed test; Coach an examinee during testing or alter or interfere with an examinee’s response in any way; Make an answer key available to an examinee; Forge, counterfeit or alter a transcript, diploma, grade report or High School Equivalency Diploma test; Fail to account for all secure test materials before, during and after testing; Participate in, direct, aid, counsel, assist in, encourage, fail to report any of the acts prohibited in this section, or engage in any activity with the intent to fraudulently obtain a High School Equivalency Diploma. Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the Mississippi Community College Board may suspend or revoke the High School Equivalency Diploma credential of the person convicted. The district attorney or county prosecuting attorney shall investigate allegations of violations of this section, either on their own initiative or following the receipt of an allegation, or at the request of the Executive Director of the Mississippi Community College Board. The district attorney or county prosecuting attorney shall furnish to the Executive Director of the Mississippi Community College Board a report of the findings of any investigation conducted pursuant to this section. Nothing in this section may be construed to prohibit or interfere with the responsibilities of the Mississippi Community College Board in test development or selection, test form construction, standard setting, test scoring and reporting, or any other related activities which in the judgment of the Executive Director of the Mississippi Community College Board are necessary and appropriate.