Mississippi HB 1392: School athletics and extracurricular activities; require SBE to review and recommend revisions for administration of for public schools.

Bill Text

HB1392 (As Passed the House) - 2019 Regular Session 

MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Accountability, Efficiency, Transparency

By: Representative McLeod

House Bill 1392

(As Passed the House)

AN ACT TO IMPOSE CONDITIONS UPON A SCHOOL BOARD'S AUTHORITY 
TO REGULATE ATHLETICS AND EXTRACURRICULAR ACTIVITIES, AND TO EXPEND FUNDS FOR 
CERTAIN PURPOSES; TO PROVIDE FOR THE CREATION OF A SPECIAL COMMITTEE 
CONSISTING OF THREE MEMBERS OF THE STATE BOARD OF EDUCATION AND FOUR 
LEGISLATIVE APPOINTEES TO STUDY THE OVERSIGHT AND REGULATION OF SCHOOL 
ATHLETICS AND EXTRACURRICULAR ACTIVITIES AND TO DECIDE BY JANUARY 1, 2020, 
WHETHER THE REGULATION SHALL BE ACCOMPLISHED BY A PRIVATE NOT-FOR-PROFIT 
CORPORATION CREATED BY THE SEVEN-MEMBER COMMITTEE OR BY ANY NOT-FOR-PROFIT 
CORPORATION CURRENTLY INVOLVED IN THE REGULATION OF SCHOOL ATHLETICS AND 
EXTRACURRICULAR ACTIVITIES; TO RESTRICT THE SCHOOL BOARD'S AUTHORITY TO PAY 
FUNDS UNDER THEIR CONTROL TO ORGANIZATIONS THAT CURRENTLY REGULATE SCHOOL 
ATHLETICS AND EXTRACURRICULAR ACTIVITIES; TO PROHIBIT ANY SUCH NOT-FOR-PROFIT 
ESTABLISHED FOR THE PURPOSE OF REGULATING PUBLIC HIGH SCHOOL ATHLETICS AND 
EXTRACURRICULAR ACTIVITIES FROM DENYING MEMBER SCHOOLS FROM COMPETING AGAINST 
NONMEMBER SCHOOLS WHEN IT IS THE DESIRE OF SAID SCHOOLS TO COMPETE ONE AGAINST 
THE OTHER; TO AMEND SECTION 37-7-301, MISSISSIPPI CODE OF 1972, IN CONFORMITY 
THERETO; AND FOR RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� 
(1)� The Legislature recognizes that public schools athletics and 
extracurricular activities constitute an important part of the educational 
experience for Mississippi's public school children, but the oversight of those 
programs must be transparent and accessible to the school administrators of the 
state as well as to the parents and taxpayers of the State of Mississippi.

���� (2)� From and after July 1, 
2021, no school district shall be authorized to pay any public funds, or other 
funds over which it may have control, to an association, corporation or other 
organization established and operated for the purpose of regulating high school 
athletics and extracurricular activities.� Further, no school administrator or 
school district shall direct, require, suggest or recommend that any booster 
organization or other association of parents, businesses or other persons pay 
any funds to any such association, corporation or other organization for the 
purpose of funding its operations.

���� (3)� From and after July 1, 
2019, the chairman of the State Board of Education shall select from its 
membership a three-member committee that shall study the regulation and 
oversight of high school athletics and extracurricular activities.� 
Additionally, the Speaker of the House of Representatives and the Lieutenant 
Governor shall each appoint two (2) members to serve on the committee.� Of the 
two (2) members appointed by the Speaker of the House, one (1) member shall be 
a member of the House Committee on Accountability, Efficiency and Transparency, 
and one (1) shall be appointed from the state at large.� Of the two (2) members 
appointed by the Lieutenant Governor, one (1) member shall be a member of the 
Senate Committee on Accountability, Efficiency and Transparency, and one (1) 
shall be appointed from the state at large.� The seven-member committee 
shall take the following action by January 1, 2020:

��������� (a)� Take steps to 
establish a not-for-profit corporation for the purpose of regulating athletics 
and activities in the states' public schools and other schools which choose to 
be members of the newly established corporation.� Such corporation shall 
provide in its bylaws for the participations of members in its governance, but 
shall also require that three (3) members of the State Board of Education and 
four (4) members appointed by the Speaker of the House of Representatives and 
the Lieutenant Governor, in accordance with this subsection shall have 
final authority over any and all policies adopted with respect to the 
regulation of high school athletic and extracurricular activities.� The three-member 
committee from the State Board of Education and four (4) members appointed 
by the Speaker of the House of Representatives and the Lieutenant Governor, in 
accordance with this subsection shall ensure that the corporation adopts 
its bylaws, which shall include:

������������� (i)� Open, 
transparent policymaking processes that ensure that policies considered for 
adoption may be debated by members before adoption; 

������������� (ii)� Requirements 
that the corporation send member schools a monthly, quarterly and/or semi-annual 
report with all data indicating financial position; 

������������� (iii)� Requirements 
to provide member schools with all the information and data necessary to 
understand why fees change before those changes are officially made and become 
effective.� Memb