House Bill 251

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 OR LEGAL GUARDIAN IS PURCHASING A RESIDENCE IN THE OTHER DISTRICT 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 is lawfully transferred from the school district of his residence to a school in another school district according to the statutes of this state * * *.

(2) Those children whose parent(s) or legal guardian(s) areinstructional personnel or licensed employees of a school district may, in such employee's discretion, enroll in 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, in the discretion of their parent(s) or legal guardian(s), enroll in and attend the nearer school, regardless of the residence of the child. If 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) * * * The brother(s) and sister(s) of those children lawfully transferred from the school district of their residence to a school in another school district before July 1, 1992, may, in the discretion of their parent(s) or legal guardian(s), enroll in and attend school in the transferee school district.

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

(b) The school board of the district in which the parent or legal guardian is purchasing a residence may require the parent to provide documentation satisfactory to the board which 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, 2007.