House Bill 564

AN ACT TO AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MINOR CHILDREN OF LOCAL SCHOOL BOARD MEMBERS TO BE ENROLLED AND ATTEND THE SCHOOLS IN THE SCHOOL DISTRICT IN WHICH THAT BOARD MEMBER RESIDES AND SERVES; TO REMOVE THE EXCEPTION ALLOWED FOR CHILDREN OF INSTRUCTIONAL PERSONNEL AND LICENSED EMPLOYEES WHO TEACH IN A SCHOOL DISTRICT OTHER THAN THE DISTRICT OF RESIDENCE IF SUCH PARENT SERVES AS A BOARD MEMBER FOR A DISTRICT WHEREIN SUCH PARENT IS NOT EMPLOYED; 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 licensed 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. The provisions of this subsection shall not apply when the parent or legal guardian of a minor child is a school board member for a school district other than the district in which that parent or legal guardian is instructional personnel or a licensed employee.

(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. The school districts involved in the appeal shall provide the Mississippi Department of Education with any school bus route information requested, including riding the buses as necessary, in order to measure the bus routes in question, as needed by the State Board of Education in considering the appeal.

(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 or legal guardian is a member of a local school board, whether elected or appointed, shall be enrolled and attend the schools in the school district in which that parent or legal guardian resides and serves as a member of the local school board.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.