MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education

By: Senator(s) Bean

Senate Bill 2054

AN ACT TO AMEND SECTION 37-7-611, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE EVENT A MUNICIPAL ANNEXATION EXTENDS ACROSS COUNTY LINES, ANY PART OF A SCHOOL DISTRICT LOCATED IN AN ADJACENT COUNTY WHICH IS INCLUDED WITHIN THE ANNEXED TERRITORY SHALL NOT AUTOMATICALLY BE MERGED WITH SUCH MUNICIPAL SEPARATE SCHOOL DISTRICT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 37-7-611, Mississippi Code of 1972, as it existed prior to the passage of Chapter 492, Laws of 1986, is amended to read as follows:

37-7-611. Where the corporate limits of any municipality which constitutes a municipal separate school district, either with or without added territory, are extended so as to include the whole or any part of an existing adjacent school district in the county school system or municipal separate district, then such adjacent school district, or such part thereof as is included within the corporate limits of the municipality by reason of the extension thereof, shall thereby automatically be merged with and become a part of such municipal separate school district. Provided, however, that in the event that such municipal annexation extends across county lines, any part of an existing school district located in an adjacent county which is included within the corporate limits of the municipality by reason of the annexation, shall not thereby automatically be merged with such municipal separate school district. However, when any such extension, that is, an extension taking in a part of or all of an adjacent school district, becomes effective subsequent to September 1 of any fiscal year of said school district, that portion of the existing adjacent school district which is included because of the extension of the corporate limits of such municipality shall become annexed to the municipal separate school district immediately but shall remain under the jurisdiction of said adjacent school district for the remainder of such fiscal year for school purposes only, and it shall be the duty of such existing adjacent school district to continue to provide for the education and transportation for the balance of such fiscal year of the pupils residing in that portion of said existing adjacent school district included within the municipal separate school district by virtue of such extension at the expense of the existing adjacent school district, all just as though the extension of the municipal boundaries had not become effective until the last day of the fiscal year of the school districts involved; when the school building or buildings of any such adjacent school district in the county school system shall be included within the corporate limits of the municipality by reason of any such extension of such corporate limits then the whole of such adjacent school district shall automatically be added to and become a part of such municipal separate school district as added territory.

When the corporate limits of any municipality shall be extended but the school building or buildings of an existing adjacent school district are not included therein, then, on petition of a majority of the qualified electors residing in that portion of such existing adjacent district which is not included within the corporate limits of the municipality filed with the governing authorities of the municipality, that part of such adjacent district not included within the corporate limits of the municipality shall be added to the municipal separate school district as added territory and shall be operated thereafter as a part of the municipal school district system. However, when the corporate limits of a municipality are extended so as to include within the corporate limits one or more school buildings being used as attendance centers of an adjacent school district having more than one (1) attendance center, but all of the school buildings of such district are not so included within the corporate limits, then, in addition to that portion of the adjacent school district included within the corporate limits as extended, which shall be automatic as hereinabove set forth, there shall become a part of such municipal separate school district as added territory that area or areas designated by agreement between the trustees of the municipal separate school district and the trustees of the adjacent school district which, before becoming effective, must be approved by the State Board of Education, the effective date thereof to be designated by proper order of the State Board of Education. In the event no agreement has been reached between the trustees of the respective school districts and filed with the State Board of Education within ninety (90) days from the effective date of the expansion of the municipal limits, then the State Board of Education, on its own motion or on motion of either of the school districts involved, shall by order spread upon its minutes, designate such area outside the municipal limits, as extended, as shall be included in the municipal separate school district as added territory, together with the effective date thereof. Either school district involved shall have the right to appeal from the decision of the State Board of Education in the manner provided by Sections 37-45-51 and 37-45-61.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.