House Bill 669

(COMMITTEE SUBSTITUTE)

AN ACT TO REQUIRE THE TATE COUNTY SCHOOL BOARD, HAVING JURISDICTION OVER THREE HIGH SCHOOLS WITHIN THE TATE COUNTY SCHOOL DISTRICT, TO CONSOLIDATE ITS SYSTEM OF HIGH SCHOOLS BY CLOSING COLDWATER HIGH SCHOOL, WHICH HAS CONSISTENTLY AND CHRONICALLY UNDERPERFORMED AS DETERMINED BY ITS GRADE DESIGNATION UNDER THE STATEWIDE SCHOOL ACCOUNTABILITY RATING SYSTEM AS DETERMINED BY THE STATE BOARD OF EDUCATION, UPON THE COMPLETION OF THE 2019-2020 SCHOLASTIC YEAR; TO PROVIDE THAT UPON SUCH CLOSURE, STUDENTS THEN ATTENDING COLDWATER HIGH SCHOOL SHALL HAVE THE DISCRETION TO CHOOSE WHETHER TO ATTEND EITHER OF THE TWO REMAINING HIGH SCHOOLS IN THE TATE COUNTY SCHOOL DISTRICT OR REQUEST A TRANSFER TO THE SENATOBIA MUNICIPAL SCHOOL DISTRICT BASED ON RESIDENTIAL PROXIMITY TO THE APPROPRIATE HIGH SCHOOL OF ATTENDANCE WITHIN THE SENATOBIA MUNICIPAL SCHOOL DISTRICT; TO REQUIRE THE TATE COUNTY SCHOOL BOARD AND THE SENATOBIA MUNICIPAL SCHOOL BOARD TO ENTER INTO AN AGREEMENT NOT LATER THAN JULY 1, 2020, TO PROVIDE FOR THE AUTOMATIC TRANSFER OF ANY STUDENTS ENROLLED IN AND ATTENDING COLDWATER HIGH SCHOOL AT THE TIME OF ITS CLOSURE SEEKING TRANSFER TO THE SENATOBIA MUNICIPAL SCHOOL DISTRICT, AS DETERMINED BY THE RESIDENCE OF THE STUDENTS IN CLOSEST PROXIMITY TO THE BOUNDARY OF THE MUNICIPAL SCHOOL DISTRICT; TO PROVIDE THAT THE ATTENDANCE ZONE OF COLDWATER HIGH SCHOOL SHALL BE COLLAPSED TO BE REDRAWN AND DISTRIBUTED IN EQUAL PROPORTION TO THE REMAINING TWO HIGH SCHOOL ATTENDANCE ZONES IN THE COUNTY SCHOOL DISTRICT; TO BRING FORWARD SECTION 37-7-315, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Not later than July 1, 2020, the Tate County School Board, having jurisdiction over three (3) high schools within the Tate County School District, shall consolidate its system of high schools by closing Coldwater High School upon the completion of the 2019-2020 scholastic year. Factors used in determining the necessity to close Coldwater High School consists of the following criteria:

(a) Coldwater High School has consistently and chronically underperformed, as determined by its grade designation under the statewide school accountability rating system, as determined by the State Board of Education for the last four (4) accreditation cycles as follows:

(i) Maintained a "F" accountability rating for the 2016, 2017 and 2018 school years; and

(ii) Achieved a "D" accountability rating for the 2019 school year;

(b) Coldwater High School has maintained an average annual enrollment of approximately one hundred (100) students for the last four (4) scholastic terms;

(c) Coldwater High School's average annual student enrollment for the last four (4) scholastic terms represents less than four percent (4%) of the overall student enrollment for the Tate County School District;

(d) Coldwater High School provides a limited selection of robust and advanced course offerings as part of its adopted curriculum; and

(e) An assessment of Coldwater High School's graduation percentage rates and dropout percentage rates in comparison to the other remaining two (2) high schools throughout Tate County, the Senatobia Municipal School District and in surrounding counties.

(2) Under the authority provided in Section 37-7-315, the Tate County School Board shall execute a plan to provide for the closure of Coldwater High School, which shall be spread upon the minutes of its regularly scheduled meeting or at a special meeting called for the specific purpose of the school closure. At said meeting, the Tate County School Board shall:

(a) Issue an order to provide that the attendance zone of Coldwater High School shall be collapsed and redrawn for distribution in equal proportions to the school attendance zones for Independence High School and Strayhorn High School. The Tate County School Board shall thereafter publish the same in some newspaper of general circulation in the county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school board, the new high school attendance zones will thereafter be effective;

(b) Issue an order to provide that upon such closure, students attending Coldwater High School shall have the discretion to choose whether to:

(i) Attend either Independence High School or Strayhorn High School in a manner that does not disparately impact the desegregation of either school; or

(ii) Transfer to the Senatobia Municipal School District, provided that the appropriate high school located therein is closest in proximity to the student's residence than either of the two (2) high schools in the Tate County School District; and

(c) Issue an order to enter agreement with the Senatobia Municipal School Board for the release by the Tate County School Board and subsequent acceptance by the Senatobia Municipal School District of students affected by the closure of Coldwater High School. The agreement between each school board made parties thereto must consider the composition of the district boundaries of the Tate County School District, as it existed on January 1, 2020, to ensure that the student population eligible to be transferred from the Coldwater High School attendance zone to the Senatobia Municipal School District does not disparately impact the desegregation of either school district entering into agreement.

SECTION 2. Section 37-7-315, Mississippi Code of 1972, is brought forward as follows:

37-7-315. In creating school districts under the provisions of Article 1 of this chapter, it shall not be necessary that the school board, in the order creating such districts, specify or designate the location of the school houses or attendance centers therein, and existing school buildings shall be retained as places of attendance until changed in the manner hereinafter set forth. Where any existing facilities or buildings shall not be used as attendance centers, the school board may utilize such facilities and buildings in connection with any related school activity which said school board may deem advisable.

The school board of any school district shall have the power and authority to designate the locations for school buildings and attendance centers in the school district subject to its jurisdiction and to change, alter or abolish the location of such school buildings and attendance centers from time to time as may be required by the educational needs of such school district. Where students from three (3) or more school districts are in attendance at one (1) attendance center by order of the respective school boards of the school districts, the use of the attendance center shall not be changed, altered or abolished except upon order of a majority of each of the school boards of the school districts from which pupils have been in attendance at the attendance center for the scholastic year; any acts, decisions, orders or resolutions by the school board of any such school district in conflict with this provision shall be null and void. If any change or alteration of the location of a school building or attendance center shall involve the construction of new school facilities, or the making of additions to, or the major repair, alteration or renovation of existing facilities, then such change or alteration shall not be effective until same shall have been submitted to and approved by the State Board of Education. There may be located and established in any school district as many school buildings and attendance centers as the educational needs of such district shall require. The school board of the school district shall have the power and authority to specify the attendance areas which shall be served by each school building or attendance center, and to change or alter same from time to time as necessity requires.

SECTION 3. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the United States District Court, Northern District of Mississippi, such court having jurisdiction over a desegregation order concerning one or more school districts affected by the requirements provided in this act.

SECTION 4. This act shall take effect and be in force from and after the date it is approved by the District Court Judge for the United States District Court, Northern District of Mississippi.