Senate Bill 2285

AN ACT TO PROVIDE THAT NO COUNTY, MUNICIPALITY OR SCHOOL DISTRICT OF THIS STATE SHALL ENFORCE A FOREIGN LAW IF DOING SO WOULD VIOLATE A RIGHT GUARANTEED TO A NATURAL PERSON BY THE UNITED STATES CONSTITUTION OR THE MISSISSIPPI CONSTITUTION; TO PROVIDE THAT, IF A COUNTY, MUNICIPALITY OR SCHOOL DISTRICT IS FOUND TO BE IN VIOLATION OF THIS SECTION, THE SCHOOL DISTRICT ASSOCIATED WITH THE NONCOMPLIANT LOCAL GOVERNMENT UNIT SHALL NOT BE ENTITLED TO THE FUNDING PROVIDED TO TRANSFEREE SCHOOL DISTRICTS UNDER SECTION 37-151-93 FOR THE FOLLOWING SCHOOL YEAR; TO AMEND SECTION 37-151-93, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, "foreign law" means any law, rule, legal code or legal system other than the constitution, laws and ratified treaties of the United States and the territories of the United States, the constitution and laws of another state of the United States, Native American tribal law, the Mississippi Constitution of 1890, and the laws of this state.

(2) No county, municipality or school district of this state shall enforce a foreign law if doing so would violate a right guaranteed to a natural person by the United States Constitution or the Mississippi Constitution of 1890.

(3) If a county, municipality or school district is found to be in violation of this section, the school district associated with the noncompliant local government unit shall not be entitled to the funding provided to transferee school districts under Section 37-151-93 for the following school year.

SECTION 2. Section 37-151-93, Mississippi Code of 1972, is amended as follows:

37-151-93. (1) Except as provided in Section 1 of this act, legally transferred students going from one school district to another shall be counted for total funding formula allotments by the school district wherein the pupils attend school, but shall be counted for transportation allotment purposes in the school district which furnishes or provides the transportation. The school boards of the school districts which approve the transfer of a student under the provisions of Section 37-15-31 shall enter into an agreement and contract for the payment or nonpayment of any portion of their local maintenance funds which they deem fair and equitable in support of any transferred student. Except as provided in subsection (2) of this section, local maintenance funds shall be transferred only to the extent specified in the agreement and contract entered into by the affected school districts. The terms of any local maintenance fund payment transfer contract shall be spread upon the minutes of both of the affected school district school boards. The school district accepting any transfer students shall be authorized to accept tuition from such students under the provisions of Section 37-15-31(1) and such agreement may remain in effect for any length of time designated in the contract. The terms of such student transfer contracts and the amounts of any tuition charged any transfer student shall be spread upon the minutes of both of the affected school boards. No school district accepting any transfer students under the provisions of Section 37-15-31(2), which provides for the transfer of certain school district employee dependents, shall be authorized to charge such transfer students any tuition fees.

(2) Except as provided in Section 1 of this act, local maintenance funds shall be paid by the home school district to the transferee school district for students granted transfers under the provisions of Sections 37-15-29(3) and 37-15-31(3), not to exceed the student base amount, as defined in Section 37-151-201, multiplied by the number of such legally transferred students.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.