MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education; Appropriations

By: Representative Ellis

AN ACT TO AMEND SECTION 37-7-103, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ANNEXATION TO A MUNICIPALITY OF TERRITORY IN AN ADJACENT SCHOOL DISTRICT AND TO PROVIDE FOR AND EMPOWER A BOARD OF ARBITRATION IF AN AGREEMENT CANNOT BE REACHED BETWEEN THE SCHOOL DISTRICTS INVOLVED AS TO THE DISPOSITION OF SCHOOL FACILITIES, STUDENTS, REVENUES AND INDEBTEDNESS; TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 37-7-104, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHENEVER ANY ANNEXATION BECOMES EFFECTIVE SUBSEQUENT TO JULY 1 OF ANY FISCAL YEAR, THE ANNEXED TERRITORY SHALL REMAIN UNDER THE JURISDICTION OF ITS FORMER SCHOOL DISTRICT UNTIL THE END OF THE FISCAL YEAR, WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 37-22-3, MISSISSIPPI CODE OF 1972, TO PROVIDE ENHANCED GRANTS UNDER THE SECOND LEVEL FUNDING PROGRAM TO SCHOOL DISTRICTS WHICH CONSOLIDATE AFTER JULY 1, 1997; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 37-7-103, Mississippi Code of 1972, is amended as follows:

37-7-103. (1) From and after July 1, 1987, the school board of any school district shall have full jurisdiction, power and authority, at any regular meeting thereof or at any special meeting called for that purpose, to abolish such existing district, or to reorganize, change or alter the boundaries of any such district. In addition thereto, with the consent of the school board of the school district involved, the school board may add to such school district any part of the school district adjoining same, and with the consent of the school board of the school district involved, may detach territory from such school district and annex same to an adjoining district.

(2) When any part of the territory embracing a school under the supervision and control of a county board of education or a board of trustees of a consolidated or line consolidated school district is annexed to a municipality having a municipal separate school district by extension of the corporate limits of the municipality, the county board of education or board of trustees of the consolidated or line consolidated school district, as the case may be, shall retain supervision and control of the school. For school purposes, the county board of education or board of trustees of the consolidated or line consolidated school district, as the case may be, shall retain the same control of the territory and revenues which it exercised before the annexation, until an agreement has been made between the school board and the board of trustees of the municipal separate school district of the municipality to which the territory was annexed, with reference to the matter of existing indebtedness and of providing the same or equivalent school facilities for the children in that part of the territory in the school district or districts not annexed or made a part of the municipality. If an agreement is not reached within thirty (30) days after the annexation, it shall then be mandatory to refer the final disposition of the matter to arbitration by a board consisting of three (3) members, one (1) member to be selected by the county board of education or board of trustees of the consolidated or line consolidated school district, as the case may be, one (1) member to be selected by the board of trustees of the municipal separate school district and the third member to be selected by the State Board of Education. The board of arbitration shall secure all facts available relative to the matter, hold a public hearing for the purpose of giving an opportunity for every contention to be presented by both evidence and argument, and determine all matters relative to the transfer of the control, existing indebtedness and use of the school. The findings of a majority of the board of arbitration shall be binding on all concerned parties.

SECTION 2. The following provision shall be codified as Section 37-7-104, Mississippi Code of 1972:

37-7-104. Whenever any annexation taking a part of or all of an adjacent school district becomes effective after July 1 of any fiscal year of the school district, that portion of the adjacent school district which is annexed shall remain under the jurisdiction of the adjacent school district for the remainder of the fiscal year for school purposes only. It shall be the duty of the adjacent school district to continue to provide for the education and transportation for the balance of the fiscal year of the pupils residing in that annexed territory, all just as though the annexation had not become effective until the last day of the fiscal year of the school districts involved. However, when all school buildings of any such school district shall be included within the territory of the annexing school district by reason of the annexation, then the whole of the school district shall immediately be added to and become a part of the annexing school district.

SECTION 3. Section 37-22-3, Mississippi Code of 1972, is amended as follows:

37-22-3. There is * * * provided a Second Level Funding Program which shall qualify any school district within a county wherein there is only one (1) school district located for additional state funding on an annual basis. The nonparticipation of any line consolidated school district to conform their district administration to receive second level funding under the provisions of this section shall not prohibit the participation of any other school districts located within any of the affected counties in such funding program. In the event the board of trustees of a line consolidated school district elects to participate in second level funding, it shall merge its administration with the county in which the majority of its facilities are located. The State Board of Education shall designate the county in which the majority of such line consolidated district facilities are located in accordance with its established inventory of school district facilities. The school boards in any such county having only one (1) school district on July 1, 1989, and the school boards in any county having more than one (1) school district which hereafter adopts a plan for the transition of all administrative functions into one (1) school district for such county, shall qualify for this Second Level Funding Program. Any uniform millage assistance grant received by an agricultural high school shall not affect the granting of second level funding grants to any school district under the provisions of this section; and any agricultural high school located in such school district shall also be eligible for such second level funding grants. The state funds available to such school district for the Second Level Funding Program shall be Thirty-six Dollars ($36.00) per pupil in average daily attendance. However, if the school boards in any county having more than one (1) school district after June 30, 1997, adopt a plan for the consolidation of the administrative functions of two (2) or more school districts within the county, the state funds available to the consolidated school district for the Second Level Funding Program shall be determined as follows: One Hundred Dollars ($100.00) per pupil in average daily attendance for the first school year of the consolidation, Fifty Dollars ($50.00) per pupil in average daily attendance for the second school year of the consolidation; and Thirty-six Dollars ($36.00) per pupil in average daily attendance for the third and subsequent years of the consolidation. The total state funds needed for the Second Level Funding Program annually shall be the total of the amounts needed by all of the school districts in the state having one (1) school district within the county. The State Second Level Funding Program Fund is * * * established in the State Treasury which shall be used to distribute the funds to school districts entitled under the provisions of this section. Any such funds shall be transferred to the school district maintenance fund of such district in the manner prescribed in Section 37-19-47 and shall be expended in the manner provided by law for classroom instructional purposes.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.