Mississippi HB 539: Educational Scholarship Accounts (ESAs); direct to maximize the number funded as possible.

Bill Text

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To: Education;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2023

By: Representatives Turner, Ladner

HOUSE BILL NO. 539

AN ACT TO AMEND SECTION 37-181-7, MISSISSIPPI CODE OF 1972, 1
TO THE STATE DEPARTMENT OF EDUCATION TO FUND AS MANY EDUCATION 2
SCHOLARSHIP ACCOUNTS TO THE FULLEST EXTENT POSSIBLE; TO AMEND 3
SECTION 37-181-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 4
DEPARTMENT TO ESTABLISH A PORTAL FOR THE ELECTRONIC TRANSFER OF 5
INFORMATION BETWEEN THE DEPARTMENT, PARENTS AND INSTITUTIONS; TO 6
REQUIRE SCHOOLS TO SUBMIT DOCUMENTATION OF PRE- AND POST-STUDENT 7
ASSESSMENTS ON ESA RECIPIENTS; TO AMEND SECTION 37-181-11, 8
MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO ANNUALLY 9
AUDIT ESA PROGRAM ACTIVITIES TO ENSURE COMPLIANCE WITH DEPARTMENT 10
POLICIES AND STATE LAW; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 37-181-7, Mississippi Code of 1972, is 13
amended as follows: 14
37-181-7. (1) (a) The ESA program created in this chapter 15
shall be limited to five hundred (500) students in the school year 16
2015-2016, with new enrollment limited to five hundred (500) 17
additional students each year thereafter. Subject to 18
appropriation from the General Fund, each student's ESA shall be 19
funded * * * up to Six Thousand Five Hundred Dollars ($6,500.00) 20
for school year 2015-2016. For each subsequent year, this amount 21
shall increase or decrease by the same proportion as the base 22

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student cost under Section 37-151-7(1)(b) is increased or 23
decreased. 24
(b) The Department shall make all reasonable efforts to 25
fund as many scholarships annually as possible. To this end, the 26
department shall apply unused administrative funds or other funds 27
not expended by scholarship recipients to increase the number of 28
scholarships granted in a year. 29
(2) Subject to appropriation, eligible students shall be 30
approved for participation in the ESA program as follows: 31
(a) Until participation in the ESA program reaches 32
fifty percent (50%) of the annual enrollment limits in subsection 33
(1) of this section, students shall be approved on a first-come, 34
first-served basis, with applications being reviewed on a rolling 35
basis; 36
(b) After participation reaches fifty percent (50%) of 37
the annual enrollment limits in subsection (1) of this section, 38
the department shall set annual application deadlines for the 39
remaining number of available ESAs and begin to maintain a waiting 40
list of eligible students. The waitlist will be maintained in the 41
chronological order in which applications are received. The 42
department shall award ESA program applications in chronological 43
order according to the waitlist; and 44
(c) Participating students who remain eligible for the 45
ESA program are automatically approved for participation for the 46

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following year and are not subject to the random selection 47
process. 48
(3) No funds for an ESA may be expended from the Mississippi 49
Adequate Education Program, nor shall any school district be 50
required to provide funding for an ESA. 51
SECTION 2. Section 37-181-9, Mississippi Code of 1972, is 52
amended as follows: 53
37-181-9. (1) (a) The department shall create a standard 54
form that parents of students submit to establish their student's 55
eligibility for an Education Scholarship Account. The department 56
shall ensure that the application is readily available to 57
interested families through various sources, including the 58
department's website and the copy of procedural safeguards 59
annually given to parents. 60
(b) To facilitate efficient processing of applications, 61
reimbursements and other necessary communications, the department 62
shall develop a portal for use by the department, parents and 63
schools. The portal shall be operational by the beginning of the 64
2023-2024 school year. 65
(2) The department shall provide parents of participating 66
students with a written explanation of the allowable uses of 67
Education Scholarship Accounts, the responsibilities of parents 68
and the duties of the department. This information shall also be 69
made available on the department's website. 70

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(3) The department shall annually notify all students with 71
an IEP of the existence of the ESA program and shall ensure that 72
lower-income families are made aware of their potential 73
eligibility. 74
(4) The department may deduct an amount up to a limit of six 75
percent (6%) from appropriations used to fund Education 76
Scholarship Accounts to cover the costs of overseeing the funds 77
and administering the ESA program. 78
(5) (a) The department shall make a determination o