Senate Bill 2977

AN ACT TO AUTHORIZE AND DIRECT THE STATE BOARD OF EDUCATION TO ESTABLISH AN OFFICE OF COURT-ORDERED SCHOOL DESEGREGATION TO ASSIST MISSISSIPPI PUBLIC SCHOOL DISTRICTS TO END FEDERAL COURT SUPERVISION OF SCHOOLS AND TO IMPLEMENT PUPIL PLACEMENT PLANS WHICH WILL NOT REQUIRE COURT-ORDERED DESEGREGATION BUSING; AND FOR RELATED PURPOSES.

WHEREAS, Section 37-15-35, Mississippi Code of 1972, states as follows:

"37-15-35. No person shall be assigned to or by, or restricted from or to, any group, area, school, institution or other political subdivision of the State of Mississippi on the account of race, color, or national origin. There shall be no governmentally enforced segregation by race, color or national origin and there shall be no governmentally enforced integration by reason of race, color or national origin."; and

WHEREAS, "desegregation busing" is the practice of remedying past racial discrimination in American public schools by busing children to specific schools in an effort to counteract discriminatory school construction and district assignments; and

WHEREAS, the national trend during the 1990s and 2000s is the effort to overcome past discriminatory practices without student reassignment where some districts modified their pupil placement plans, under the supervision of the courts, to provide attractive programs in "magnet schools," build new school buildings and reconfigure older buildings to overcome years of discriminatory practices in the construction, furnishing and maintenance of public schools. After years of court supervision of schools, busing programs were tapered during the 1990s as courts across the national released districts from orders under old lawsuits. The population of most cities affected by forced busing continues to decline and many anchor cities are now among the poorest cities in their respective metropolitan area, reflecting the continuation of their status prior to court-ordered integration; and

WHEREAS, there are numerous examples of Mississippi public school districts which have successfully petitioned the federal court to end court ordered busing and supervision and allow the local school board to implement pupil assignment, construction and neighborhood school policies consistent with federal court standards with input from the local citizens: NOW, THEREFORE,

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

SECTION 1. The State Board of Education is empowered and directed to establish an Office of Court-Ordered School Desegregation within the State Department of Education. The purpose of this office shall be to take all necessary action to assist Mississippi public school districts to petition the appropriated federal courts to end court supervision of the schools in the district and to end court-ordered desegregation and busing orders, thereby enabling the local school board to implement pupil assignment, school construction, neighborhood school, school employment and school transportation policies which are consistent with federal court standards and consistent with input of the local residents. Any attorneys employed by the State Board of Education shall be approved by the Attorney General who shall assist the Office of Court-Ordered School Desegregation in carrying out its responsibilities.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.