House Bill 867

(As Passed the House)

AN ACT TO AMEND SECTION 37-15-31, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT FOR THE SCHOOL BOARD OF THE SCHOOL DISTRICT OF A CHILD'S RESIDENCE CONSENT TO THE RELEASE OF THE STUDENT FOR TRANSFER TO ANOTHER SCHOOL DISTRICT; TO ONLY REQUIRE THAT THE TRANSFEREE SCHOOL BOARD APPROVE OR REFUSE THE TRANSFER OF A STUDENT UPON RECEIVING NOTICE AND OFFICIAL MEETING OF THE BOARD TO ACT ON SUCH TRANSFER; TO AUTHORIZE THE SIBLINGS OF A LAWFULLY TRANSFERRED STUDENT TO ENROLL IN THE TRANSFEREE SCHOOL DISTRICT AT THE DISCRETION OF THEIR PARENT(S) OR LEGAL GUARDIAN(S) TO PROVIDE THAT A TRANSFER STUDENT'S ATHLETIC ELIGIBILITY SHALL BE DETERMINED BY HIS OR HER FALL SEMESTER ENROLLMENT AND LIMIT PARTICIPATION TO ONE SCHOOL PER SCHOOL YEAR TO PROVIDE FOR THE ALLOCATION AND DISBURSEMENT OF FUNDS TO A RECEIVING SCHOOL DISTRICT UPON THE COMPLETION AND CERTIFICATION OF A STUDENT TRANSFER REQUEST; TO PROVIDE THAT TRANSFER AUTHORITY OF A DISTRICT TO RECEIVE OR DENY THE ACCEPTANCE OF A STUDENT REQUESTING TRANSFER INTO THE DISTRICT SHALL NOT SUPERSEDE ANY PROVISION OF AN ENFORCEABLE DESEGREGATION ORDER OR A COURT-APPROVED DESEGREGATION PLAN; TO AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, TO CLARIFY THE SCHOOL ENROLLMENT CHOICES OF CHILDREN WHOSE PARENTS ARE ACTIVE MEMBERS OF THE UNITED STATES ARMED FORCES OR CIVILIAN MILITARY PERSONNEL; TO ALLOW THE CHILDREN OF ACTIVE MEMBERS OF THE UNITED STATES ARMED FORCES TO ATTEND THE SCHOOL DISTRICT OR SCHOOL OF THEIR CHOICE; TO REMOVE THE LIMITATION ON PROHIBITED DISTANCE OF TRANSPORTING SUCH STUDENTS BY EXCLUDING THE DISTRICT FROM PROVIDING TRANSPORTATION TO SUCH STUDENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-15-31, Mississippi Code of 1972, is amended as follows:

37-15-31. (1) (a) Except as provided in subsections (2) through * * * ~~(5)~~ (7) of this section, upon the petition in writing of a parent or guardian resident of the school district of an individual student filed or lodged with the president or secretary of the school board of a school district * * *in to which the pupil * * * is seeking transfer, individual students living in one school district * * * may be legally transferred to another school district, * * *~~by the mutual~~ provided that the school board of the school district to which the transfer is sought consents * * * to receive the students seeking transfer, which such consent must be given in writing and spread upon the minutes of * * *~~such boards~~ the school board of the transferee school district.

(b) Upon receipt of such notice of petition for transfer, the school board of the transferee school district shall act on such request for transfer as soon as possible, and no later than the next regular meeting of the transferee board, and a failure of such transferee board to act within such time shall constitute an approval of such request and approved enrollment by the school board of the transferee school district. If such a transfer is approved by the school board of the transferee school district, then such decision shall be final.

( * * *bc) * * * The transferee school district shall notify, in writing, the school district from which the pupil or pupils are transferring of the receipt of such transfer request within a reasonable period of time, and the school board of the transferor school district shall spread the same upon its minutes. * * *

( * * *cd) Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by the affected school board.

(e) The legal transfer of a student under this subsection shall include a provision for the transportation of the student by either the parent or legal guardian of the student or the transferee school district, provided that the transferee school district does not violate the provision of Section 37-15-29(3), prohibiting the transportation of students in excess of thirty (30) miles from his or her home.

(f) The provisions of this subsection (1) of this section shall not apply to school-age children whose parent(s) or legal guardian(s) are active members of the United States Armed Forces complying with Section 37-15-29(4).

(g) Athletic eligibility for a school-age child who transfers to another school or school district pursuant to this subsection shall be determined based on the child's fall semester enrollment. A child shall be athletically eligible for one (1) school per school year. A child may transfer to another school mid-year, however, that child shall not be athletically eligible until the following fall school year. A child shall not be deemed athletically ineligible, thus ruled ineligible for any length of time, based upon a transfer of schools, so long as the provisions in this section are followed.

(2) (a) Upon the petition in writing of any parent or guardian who is a resident of Mississippi and is an instructional or licensed employee of a school district, but not a resident of such district, the school board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board. Upon the petition in writing of any parent or guardian who is not a resident of Mississippi and who is an instructional or licensed employee of a school district in Mississippi, the school board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board.

(b) The school board of any school district, in its discretion, may adopt a uniform policy to allow the enrollment and attendance of the dependent children of noninstructional and nonlicensed employees, who are residents of Mississippi but are not residents of their district. Such policy shall be based upon the employment needs of the district, implemented according to job classification groups and renewed each school year.

(c) The employer transferee school district shall notify in writing the school district from which the pupil or pupils are transferring, and the school board of the transferor school district shall spread the same upon its minutes.

(d) Any such agreement by school boards for the legal transfer of a student shall include a provision providing for the transportation of the student. In the absence of such a provision the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.

(e) Any school district which accepts a student under the provisions of this subsection shall not assess any tuition fees upon such transferring student in accordance with the provisions of Section 37-19-27.

(3) Upon the petition in writing of any parent or legal guardian of a school-age child who is a resident of an adjacent school district residing in the geographical situation described in Section 37-15-29(3), the school board of the school district operating the school located in closer proximity to the residence of the child shall consent to the transfer of the child to its district, and shall spread the same upon the minutes of the board. * * *~~Any such agreement by school boards for~~ The legal transfer of a student under this subsection shall include a provision for the transportation of the student by either the * * *~~transferor~~ parent or legal guardian or the student or the transferee school district. In the event that * * *~~either~~ the school board of the transferee * * *~~or the transfer or~~ school district shall object to the transfer, * * *it the parent or legal guardian shall have the right to appeal to the State Board of Education whose decision shall be final. * * * The responsibility for transporting the student to the transferee school district shall be that of the parent or guardian if the transferee school district does not agree in the consent of transfer, which shall be spread upon its minutes, to provide transportation for the student.

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( * * *54) * * *

~~(b)~~ Before September 1 of each year, the board of trustees of * * *~~the~~ a municipal separate school district shall certify to the State Department of Education the number of students in the added territory of the municipal separate school district who are transferred to the adjacent school district under this subsection. The municipal separate school district also shall certify the total number of students in the school district residing in the added territory plus the number of those students who are transferred to the adjacent school district. Based upon these figures, the department shall calculate the percentage of the total number of students in the added territory who are transferred to the adjacent school district and shall certify this percentage to the levying authority for the municipal separate school district. The levying authority shall remit to the school board of the adjacent school district, from the proceeds of the ad valorem taxes collected for the support of the municipal separate school district from the added territory of the municipal separate school district, an amount equal to the percentage of the total number of students in the added territory who are transferred to the adjacent school district.

(5) The sibling(s) of any child lawfully transferred in accordance with this section, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in the transferee school district, subject to the provisions of this act.

(6) For students transferring to a school located in a school district in which the student does not reside, the State Department of Education shall pay to the transferee school district (receiving school district) to which the student is transferred an amount equal to the Mississippi Adequate Education Program funds, or any subsequent state pupil funding program which replaces MAEP, allocated for each student transferring to a school district outside his or her district of residence. The amount of funds payable to the receiving school district by the department must be based on the local school district of residence's previous year's enrollment data, determined by using months one (1) through nine (9) average daily membership, as reported to the State Department of Education by the transferor local school district. Any such payments made under this subsection (5) by the State Department of Education to a receiving school district must be made two (2) business days prior to the last working day of each month. There shall be paid to a receiving school district, by electronic funds transfer, one-twelfth (1/12) of the funds to which the receiving school district is entitled from funds appropriated for the adequate education program fund, or any subsequent funding program which replaces such program fund, for each child transferred to such school district under the authority of this section. However, in December those payments shall be made on December 15th or the next business day after that date. If a student transfer occurs after the start date of the scholastic year, the department shall not make any distribution of payments to the receiving school district until such time that the receiving school district certifies the enrollment of the transfer student to the department, which shall then only make payments to the receiving school district for such student for the remainder of the scholastic year as a proportionate share of the one-twelfth (1/12) of funds to which the receiving school district is entitled.

(7) The provisions of this section shall not supersede any provision of an enforceable desegregation court order or a court-approved desegregation plan.

(8) The receiving school district shall identify each student it accepts into its district under the transfer authority of this section and report that data to the State Department of Education by category of student name, grade classification, grade point average, gender and ethnicity. The department shall then compile this data by district, redacting all personally identifying information of students to prevent any FERPA violations, and submit an annual report of this information to each member of the Legislature.

SECTION 2. Section 37-15-29, Mississippi Code of 1972, is amended as follows:

37-15-29. (1) Except as provided in subsections (2), (3), (4) and (5) of this section, no minor child may enroll in or attend any school except in the school district of his residence, unless such child be lawfully transferred from the school district of his residence to a school in another school district in accord with the statutes of this state now in effect or which may be hereafter enacted.

(2) Those children whose parent(s) or legal guardian(s) are instructional personnel or certificated employees of a school district may at such employee's discretion enroll and attend the school or schools of their parent's or legal guardian's employment regardless of the residence of the child.

(3) No child shall be required to be transported in excess of thirty (30) miles on a school bus from his or her home to school, or in excess of thirty (30) miles from school to his or her home, if there is another school in an adjacent school district located on a shorter school bus transportation route by the nearest traveled road. Those children residing in such geographical situations may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the nearer school, regardless of the residence of the child. In the event the parent or legal guardian of such child and the school board are unable to agree on the school bus mileage required to transport the child from his or her home to school, an appeal shall lie to the State Board of Education, or its designee, whose decision shall be final. The school districts involved in the appeal shall provide the Mississippi Department of Education with any school bus route information requested, including riding the buses as necessary, in order to measure the bus routes in question, as needed by the State Board of Education in considering the appeal.

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( * * *54) (a) Those children whose parent(s) or legal guardian(s) are active members of the United States Armed Forces or civilian military personnel and reside on a military base, may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the school district of their parent's or legal guardian's choosing, regardless of the residence of the child * * *. The parent or guardian of a child enrolling in a school district outside of his or her residence shall be responsible for transportation of the child to and from school.

(b) A child whose parent(s) or legal guardian(s) are active members of the United States Armed Forces complies with the residency requirements for school attendance, if he or she resides in the State of Mississippi or if the pupil otherwise complies with Section 37-15-30.

(c) Any school district which accepts a child under the provisions of this subsection shall not assess any tuition fees upon such transferring child.

(d) Any transfer of out-of-state children of military families to this state shall be governed in accordance with Section 37-135-31 as applicable.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.