House Bill 10

AN ACT TO AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A STUDENT MAY ATTEND A SCHOOL IN A DIFFERENT SCHOOL DISTRICT IF HIS OR HER PARENT IS PURCHASING A RESIDENCE THERE WITH A CLOSING PURCHASE DATE WITHIN FOUR MONTHS OF THE BEGINNING OF THE SCHOOL YEAR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-15-29, Mississippi Code of 1972, is amended as follows:

37-15-29. (1) Except as provided in subsections (2) through (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.

(4) Those children lawfully transferred from the school district of his residence to a school in another school district prior to July 1, 1992, may, at the discretion of their parent(s) or legal guardian(s), continue to enroll and attend school in the transferee school district. Provided further, that the brother(s) and sister(s) of said children lawfully transferred prior to July 1, 1992, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in the transferee school district.

(5) (a) Any child whose residence will lawfully change from one (1) school district to another school district during a school year due to his or her parent purchasing a residence in the other district shall have the option, in the discretion of the child's parent, of enrolling in and attending the appropriate attendance center in the district where the parent is purchasing the residence, even if the parent and child do not reside in that residence by the beginning of the school year. In order to exercise the option under this section, the closing date of the purchase of the residence in the other district must be within four (4) months of the beginning of the school year.

(b) The school board of the district in which the parent is purchasing a residence may require the parent to provide documentation satisfactory to the board that shows the pending purchase and location of the residence.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.