House Bill 892

AN ACT TO AMEND SECTION 37-43-1, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SCHOOL BOARDS TO MAKE AVAILABLE SURPLUS TEXTBOOKS TO THE PARENTS OR LEGAL GUARDIANS OF HOME SCHOOL STUDENTS TO BE USED AS PART OF THE HOME SCHOOL INSTRUCTIONAL PROGRAM; TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY ESTABLISH POLICIES AND PROCEDURES THAT ALLOW HOME SCHOOL STUDENTS FULL ACCESS TO PUBLIC SCHOOL LIBRARIES AS PART OF THE HOME SCHOOL INSTRUCTIONAL PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-43-1, Mississippi Code of 1972, is amended as follows:

37-43-1. This chapter is intended to furnish a plan for the adoption, purchase, distribution, care and use of free textbooks to be loaned to the pupils in all elementary and high schools of Mississippi.

The books herein provided by the State Board of Education, which shall be the State Textbook Procurement Commission, shall be distributed and loaned free of cost to the children of the free public schools of the state and of all other schools located in the state, which maintain educational standards equivalent to the standards established by the State Department of Education for the state schools as outlined in the Approval Requirements of the State Board of Education for Nonpublic Schools.

Teachers shall permit all pupils in all grades of any public school to carry to their homes for home study, the free textbooks loaned to them, and any other regular textbooks whether they be free textbooks or not.

For the purposes of this chapter, the term "board" shall mean the State Board of Education.

Textbook shall be defined as any medium or manual of instruction which contains a systematic presentation of the principles of a subject and which constitutes a major instructional vehicle for that subject.

In addition to the authority granted in this chapter, local school boards shall make available to the parents or legal guardians of home school students, upon request, any surplus textbooks that will assist in the home school instructional program. The parent or legal guardian is responsible for the return of the textbook(s) to the local school district upon completion of the textbook(s) use as part of the home school instructional program. Failure to return the textbook(s) to the school district will result in the parents or legal guardians being responsible for compensating the school district for the fair market value of the textbook(s).

Local school boards may establish policies and procedures that allow home school students full access to public school libraries as part of the home school instructional program.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.