MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education; Appropriations
By: Representative Bennett
AN ACT TO AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PARENTS OR LEGAL GUARDIANS WHO ARE ACTIVE MEMBERS OF THE UNITED STATES ARMED FORCES OR CIVILIAN MILITARY PERSONNEL AND WHO RESIDE ON A MILITARY BASE SHALL HAVE THE RIGHT TO SELECT THE SCHOOL OF ENROLLMENT IN THE ADJACENT SCHOOL DISTRICT CHOSEN BY THE PARENT OR LEGAL GUARDIAN FOR THE CHILD'S ATTENDANCE; 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), (4) and (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. 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(s) or legal guardian(s) are active members of the United States Armed
Forces or civilian military personnel and reside on a military base, may, at
the discretion of their parent(s) or legal guardian(s), enroll and attend the
school district of their parent's or legal guardian's choosing, regardless of
the residence of the child, provided the school district where the student
resides * * * is
adjacent to the school district * * * of the parent's or guardian's * * *
and
does not violate * * * subsection (3) of this section prohibiting the
transportation of students in excess of thirty (30) miles. Any parent or
guardian exercising the option of enrolling his or her child in an adjacent
school district under this subsection shall have the right to select the school
in the adjacent district in which the child is to be enrolled and attend.
SECTION 2. This act shall take effect and be in force from and after its passage.