Senate Bill 2704

(As Passed the Senate)

AN ACT TO AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE AUTOMATIC TRANSFER OF A STUDENT LIVING MORE THAN 20 MILES FROM HIS SCHOOL TO ANOTHER SCHOOL IN AN ADJACENT SCHOOL DISTRICT LOCATED ON A SHORTER BUS ROUTE IF THERE ARE NO SCHOOLS LOCATED IN THE COUNTY; TO PROVIDE FOR THE AUTOMATIC TRANSFER OF A STUDENT WHOSE PARENT OR GUARDIAN IS A MEMBER OF THE UNITED STATES ARMED FORCES OR MISSISSIPPI NATIONAL GUARD ON EXTENDED ACTIVE DUTY AND STATIONED ON A MILITARY INSTALLATION IN MISSISSIPPI; TO PROVIDE FOR THE AUTOMATIC TRANSFER OF A STUDENT WITH A DISABILITY WHO IS NOT RECEIVING SERVICES IN A LEAST RESTRICTIVE EDUCATIONAL ENVIRONMENT AS SPECIFIED IN THE STUDENTS INDIVIDUAL EDUCATION PLAN IN ACCORDANCE WITH FEDERAL REQUIREMENTS; TO AMEND SECTION 37-15-31, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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), (3) and (4) 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. In addition, no child residing in a county in the state in which no school is located shall be required to be transported in excess of twenty (20) miles on a school bus from his or her home to school or in excess of twenty (20) miles from school to his or her home if there is another school in an adjacent school district located on a shorter 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) Those children whose parent(s) or legal guardian(s) are members of the United States Armed Forces or Mississippi National Guard on extended active duty and stationed within the State of Mississippi and who reside on a military installation, may, at the discretion of such parent or guardian, enroll and attend the school or schools of another school district located in the county in which such parent or guardian is stationed.

(6) Those students with a disability who are not receiving services in a least restrictive educational environment agreed to in the student's individual education plan in accordance with federal requirements. The parent or legal guardian of such student may choose, as an alternative, to enroll the student in a public school in another school district which has available space and has a program with the services agreed to in the student's individual education plan already in place, and that school district shall accept the student and report the student for purposes of the district's funding pursuant to the Mississippi Adequate Education Program. Transportation of such student shall be the responsibility of the transferring school district.

SECTION 2. 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 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 which the pupil has been enrolled or is qualified to be enrolled as a student under Section 37-15-9, or upon the aforesaid petition or the initiative of the school board of a school district as to the transfer of a grade or grades, individual students living in one school district or a grade or grades of a school within the districts may be legally transferred to another school district, by the mutual consent of the school boards of all school districts concerned, which consent must be given in writing and spread upon the minutes of such boards.

(b) The school board of the transferring 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. The school board of the other school district involved(the transferee board)shall act on such request for transfer as soon as possible after the transferor board shall have approved or rejected such transfer 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 a rejection of such request. If such a transfer is approved by the transferee board, then such decision shall be final. If such a transfer should be refused by the school board of either school district, then such decision shall be final.

(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 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 or the transferee school district. In the event that either the school board of the transferee or the transferor school district shall object to the transfer, it shall have the right to appeal to the State Board of Education whose decision shall be final. However, if the school boards agreeing on the legal transfer of any student shall fail to agree on which district shall provide transportation, the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.

(4) Upon the petition in writing of any parent or legal guardian of a school-age child who was lawfully transferred to another school district prior to July 1, 1992, as described in Section 37-15-29(4), the school board of the transferee school district shall consent to the transfer of such child and the transfer of any school-age brother and sister of such child to its district, and shall spread the same upon the minutes of the board. (5) (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 board of trustees of the municipal separate school district and 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 board of trustees of the municipal separate school district and 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.

(6) Upon the petition in writing of any parent or guardian who is a member of the United States Armed Forces or Mississippi National Guard on extended active duty and stationed within the State of Mississippi and who reside on a military installation, the school board of any other school district located within the county in which the parent or guardian is stationed shall consent to the transfer of such parent or guardian's dependent school-age child(ren) to its district and shall spread the same upon the minutes of the board. The school board of the transferee school district shall notify in writing the school district from which the student(s) is(are) transferring, and the school board of the transferor school district shall consent to the transfer and spread the same upon its minutes. Any such agreement by such school boards for the legal transfer of a student under this subsection (6) 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. Any school district which accepts a student under the provisions of this subsection (6) shall not assess any tuition fees upon such transferring student. The school board of any school district may, in its discretion, adopt a uniform policy to allow the enrollment and attendance of the dependent children of military personnel who are residents of Mississippi but are not residents of their district, based upon the employment needs of the district.

(7) Upon the petition in writing of any parent or guardian of a student with a disability who is not receiving service in a least restrictive environment agreed to in the student's individual education plan in accordance with federal law, the school board of another school district which has available space and has a program with the services agreed to in the student's individual education plan already in place shall consent to the transfer of such student to its district. The school board of the transferee school district shall notify in writing the school district from which the student(s) is(are) transferring, and the school board of the transferor school district shall consent to the transfer and spread the same upon its minutes. Any such agreement by such school boards for the legal transfer of a student under this subsection (7) 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 transferor school district. Any school district which accepts a student under the provisions of this subsection (7) shall not assess any tuition fees upon such transferring student.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.