House Bill 669

AN ACT TO PROVIDE THAT IN ANY COUNTY HAVING TWO OR MORE SCHOOL DISTRICTS, ONE OF WHICH BEING A COUNTY SCHOOL DISTRICT, HAVING JURISDICTION OVER THREE HIGH SCHOOLS WITHIN THE COUNTY SCHOOL DISTRICT, THE COUNTY SCHOOL DISTRICT SHALL CONSOLIDATE ITS SYSTEM OF HIGH SCHOOLS BY CLOSING THE HIGH SCHOOL THAT 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 THE CLOSING SCHOOL SHALL HAVE THE DISCRETION TO CHOOSE WHETHER TO ATTEND EITHER OF THE TWO REMAINING HIGH SCHOOLS IN THE COUNTY SCHOOL DISTRICT OR REQUEST A TRANSFER TO AN ADJACENT MUNICIPAL SCHOOL DISTRICT BASED ON CLOSEST RESIDENTIAL PROXIMITY TO THE APPROPRIATE HIGH SCHOOL OF ATTENDANCE WITHIN THE ADJACENT MUNICIPAL SCHOOL DISTRICT; TO REQUIRE THE COUNTY SCHOOL BOARD AND THE AFFECTED 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 THE FAILING SCHOOL AT THE TIME OF ITS CLOSURE SEEKING TRANSFER TO THAT MUNICIPAL SCHOOL DISTRICT, AS DETERMINED BY THE RESIDENCE OF THE STUDENT IN CLOSEST PROXIMITY TO THE BOUNDARY OF THE MUNICIPAL SCHOOL DISTRICT; TO PROVIDE THAT THE ATTENDANCE ZONE OF THE FAILING HIGH SCHOOL TO BE CLOSED IN THE COUNTY SCHOOL DISTRICT SHALL BE COLLAPSED TO BE REDRAWN AND DISTRIBUTED IN EQUAL PROPORTION TO THE REMAINING TWO SCHOOL ATTENDANCE ZONES OF 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, in any county having two (2) or more school districts, one of which being a county school district, having jurisdiction over three (3) high schools, the county school district shall consolidate its system of high schools by closing one (1) of the high schools under its jurisdictions upon the completion of the 2019-2020 scholastic year. In making its decision of which of the three (3) high schools to close, the county board of education shall consider the following criteria:

(a) The 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) Achieve a "D" accountability rating for the 2019 school year;

(b) The high school has maintained an average annual enrollment of approximately one hundred (100) students for the last four (4) scholastic terms;

(c) The 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 county school district;

(d) The high school provides a limited selection of robust and advanced course offerings as part of its adopted curriculum; and

(e) The assessment of the high school's graduation percentage rates and dropout percentage rates in comparison to other high schools throughout the county and in surrounding counties.

(2) Under the authority provided in Section 37-7-315, the affected county school board shall execute a plan to provide for the closure of the 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 county school board shall:

(a) Issue an order to provide that the attendance zone of the failing high school to be closed shall be collapsed and redrawn for distribution in equal proportions to the remaining two (2) school attendance zones of the county school district. The county board of education 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 attendance zones will thereafter be effective;

(b) Issue an order to provide that upon such closure, students attending the failing high school to be closed shall have the discretion to choose whether to attend either of the two remaining high schools in the county school district in a manner that does not disparately impact the desegregation of either school, or transfer to the municipal school district within the county being closest in proximity to the student's residence; and

(c) Issue an order to enter agreement with the school board of an adjacent municipal school board within the county for the release by the county school district and subsequent acceptance by the municipal school district of students affected by the school closure. The agreement between each school board made parties thereto must consider the composition of the district boundaries of the county school district, as it existed on January 1, 2020, to ensure that the student population eligible to be transferred from the attendance zone of the closing school to the adjacent 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.