MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Senator(s) DeBar
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 DISTRICT; TO REQUIRE THAT THE TRANSFEREE SCHOOL BOARD APPROVE OR REFUSE THE TRANSFER OF A STUDENT AT THE NEXT REGULAR MEETING OF THE BOARD AFTER RECEIPT OF THE PETITION FOR TRANSFER; TO REQUIRE THE TRANSFEREE DISTRICT TO NOTIFY, IN WRITING AND WITHIN A REASONABLE PERIOD OF TIME, THE DISTRICT FROM WHICH THE STUDENT IS TRANSFERRING OF THE APPROVAL OF A 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; 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) of this section, upon the petition
in writing of a parent or guardian * * * of an
individual student filed or lodged with the president or secretary of the
school board of a school district * * *
to which a transfer is sought, a student living in one school district * * * may be legally transferred to another
school district, * * * provided that the school board
of the district to which the transfer is sought consents * * * to receive the student seeking
transfer, which consent must be given in writing and spread upon the
minutes of * * * the school board of the
transferee district.
(b) The school board
of the * * *
transferee school district to which such petition may be addressed shall
act thereon not later than its next regular meeting subsequent to the filing or
lodging of the petition, and a failure to act within that time shall constitute
a rejection of such request. * * * If such a transfer is approved
or refused by the transferee board, then such decision shall be final. * * * The
transferee district shall notify, in writing and within a reasonable period of
time, the district from which the student is transferring of the approval of a
transfer request.
(c) Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by the affected school board.
(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 * * * this subsection shall not
assess any tuition fees upon such transferring student in accordance with * * * 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. * * * 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 or the student or the transferee school
district. * * * The responsibility for
transporting the student to the transferee school district shall be that of the
parent or guardian if the transferee district does not agree in the consent
of transfer, which shall be spread upon its minutes, to provide transportation
for the student.
* * *
( * * *4) (a) If the board of trustees of a
municipal separate school district with added territory does not have a member
who is a resident of the added territory outside the corporate limits, upon the
petition in writing of any parent or legal guardian of a school-age child who
is a resident of the added territory outside the corporate limits, * * * the school board of the school district adjacent to the
added territory shall consent to the transfer of the child from the municipal
separate school district to the adjacent school district. The agreement must
be spread upon the minutes of * * * the school board of the adjacent school district. The
agreement must provide for the transportation of the student. In the absence
of such a provision, the parent or legal guardian shall be responsible for
transporting the student to the adjacent school district. Any school district
that accepts a student under this subsection may not assess any tuition fees
against the transferring student.
(b) Before September 1 of each year, the board of trustees of the 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) This section shall not supersede any provision of an enforceable desegregation court order or a court-approved desegregation plan.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.