Senate Bill 2500

(As Passed the Senate)

AN ACT TO PROVIDE THAT THERE SHALL BE AN ADMINISTRATIVE CONSOLIDATION OF THE LUMBERTON PUBLIC SCHOOL DISTRICT; TO PROVIDE THAT THE TERRITORY OF THE LUMBERTON PUBLIC SCHOOL DISTRICT LOCATED IN LAMAR COUNTY SHALL BE TRANSFERRED TO THE LAMAR COUNTY SCHOOL DISTRICT AND THE TERRITORY OF THE LUMBERTON PUBLIC SCHOOL DISTRICT LOCATED IN PEARL RIVER COUNTY SHALL BE TRANSFERRED TO THE POPLARVILLE SEPARATE SCHOOL DISTRICT; TO PROVIDE FOR AN INTERIM TRUSTEE; TO PROVIDE THAT STUDENTS ENROLLED IN THE SCHOOLS OF THE FORMER LUMBERTON PUBLIC SCHOOL DISTRICT SHALL BE GRANTED AN AUTOMATIC TRANSFER BY THE LAMAR COUNTY BOARD OF EDUCATION OR THE POPLARVILLE SCHOOL BOARD, AS DETERMINED BY THE RESIDENCE OF THE STUDENT, TO CONTINUE TO ATTEND THE SCHOOLS LOCATED IN THE FORMER LUMBERTON PUBLIC SCHOOL DISTRICT; TO DIRECT THE STATE BOARD OF EDUCATION TO ADMINISTRATIVELY CONSOLIDATE ANY SCHOOL DISTRICT WHICH DOES NOT VOLUNTARILY FOLLOW THE CONSOLIDATION ORDER; TO ABOLISH THE FORMER SCHOOL DISTRICT FOLLOWING THE ADMINISTRATIVE CONSOLIDATION AND PROVIDE FOR THE TRANSFER OF SCHOOL DISTRICT ASSETS AND LIABILITIES; TO PROVIDE FOR EXECUTION OF TEACHER AND SCHOOL DISTRICT EMPLOYEE CONTRACTS AND THE PREPARATION OF A SCHOOL DISTRICT BUDGET IN THE NEW SCHOOL DISTRICT; TO DIRECT THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS TO IMPLEMENT SUCH ADMINISTRATIVE CONSOLIDATION; TO AMEND SECTIONS 37-7-103, 37-15-29 AND 37-15-31, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Effective on July 1, 2018, the Lumberton Public School District, which is located in Lamar and Pearl River Counties, shall be abolished. The territory of the Lumberton Public School District located in Lamar County shall be transferred to the Lamar County School District and the territory of the Lumberton Public School District located in Pearl River County shall be transferred to the Poplarville Separate School District. Students enrolled in the schools of the Lumberton Public School District on May 1, 2017, and children registered for kindergarten on that date with the Lumberton Public School District shall be granted an automatic transfer by the Lamar County Board of Education or the Poplarville School Board, as determined by the residence of the student, to continue to attend the schools located in the former Lumberton Public School District pursuant to the provisions of Section 37-15-31 (6). Taxes levied to support and maintain the schools in the territory of the Lumberton Public School District located in Lamar County and the territory of the Lumberton Public School District located in Pearl River County shall continue upon the request of the Lamar County School Board and the Poplarville School Board to the respective levying authorities of the two (2) counties on behalf of the students attending the schools located in the former Lumberton Public School District pursuant to the authority of Section 37-57-105(2).

(2) As soon as practicable after July 1, 2016, the State Board of Education may appoint an interim trustee to manage the transition for the consolidation of the former Lumberton Public School District. The State Board of Education shall determine the compensation to be paid to the interim trustee which shall be paid from state funds. The State Board of Education may, in its discretion, assign an interim trustee to the school district or may contract with an appropriate private entity with experience in the academic, finance and other operational functions of schools and school districts. The interim trustee shall be responsible for the administration, management and operation of the Lumberton Public School District from July 1, 2016, until July 1, 2018, including, but not limited to, the following activities: (a) merging the existing budgets with the budget of the new consolidated school districts, (b) nonrenewal of central office staff as necessary, (c) construction of a new salary scale for licensed and nonlicensed employees, (d) supplemental duties of school district employees, and (e) assist local officials with school tax assessment. The County Board of Education and the Superintendent of Education of the Lamar County School District and the Poplarville Separate School District and the Superintendent of Schools for the Lumberton Public School District shall cooperate with the interim trustee, as soon as practicable after the effective date of this act, for the planning and transition of programs, services and alignment of curriculum for the Lumberton Public School District.

(3) On July 1, 2016, the State Board of Education, acting through the interim trustee, shall serve the local school boards of the Lamar County School District, the Poplarville Separate School District, and the Lumberton Public School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall provide for the administrative consolidation of the Lumberton Public School District on or before July 1, 2018. It shall be the responsibility of the County Board of Education of Lamar County to apportion the territory of the Lumberton Public School District located in Lamar County into the proper election districts for the County Board of Education of Lamar County by January 1, 2017. The territory of the Lumberton Public School District located in Pearl River County shall become added territory to the Poplarville Separate School District and shall be entitled to representation on the Poplarville School Board by January 1, 2017, pursuant to the provisions of Section 37-7-203(1). Any school district affected by the required administrative consolidation in the county that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective immediately upon action of the State Board of Education. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation the Lumberton Public School District by July 1, 2018, following the motion to consolidate. The affected school districts shall comply with any consolidation order issued by the State Board of Education.

(4) On January 1, 2018, following the motion of the State Board of Education to consolidate the Lumberton Public School District, the Lumberton Public School District and the former Lumberton Public School Board shall be abolished. All real property owned by the Lumberton Public School District and located in Lamar County shall be titled in the name of the Lamar County School District, and all real property owned by the Lumberton Public School District and located in Pearl River County shall be titled in the name of the Poplarville Separate School District as of July 31, 2017. All personal property which is owned or titled in the name of the Lumberton Public School District shall be transferred pursuant to the order of the State Board of Education. The State Board of Education shall determine the county of residence of students as of May 1, 2017, and the personal property shall be divided between the Lamar County School District and Poplarville Separate School District on the same percentage ratio as the student population. Any order of the State Board of Education directing the transfer of the personal property of the Lumberton Public School District shall be final and conclusive for the purposes of the transfer of property. The Lamar County Board of Education shall be responsible for establishing the contracts for teachers, principals, clerical and administrative staff personnel in the Lumberton facility for the 2017-2018 school year and thereafter. It shall be the responsibility of the interim trustee appointed under subsection (2) of this section to prepare the budget for the school located in the former Lumberton Public School District. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation.

(5) From and after July 1, 2017, all outstanding debt of the former Lumberton Public School District shall be assumed by and become the debt of the appropriate county school district as directed by the State Board of Education. Any debt assumed by the Lamar County School District secured by a special ad valorem tax shall become secured by and payable from a mandatory special ad valorem tax which shall be levied on all taxable property in the territory of the former Lumberton Public School District located in Lamar County by the levying authority of the Lamar County School District. Any debt assumed by the Poplarville Separate School District secured by a special ad valorem tax shall become secured by and payable from a mandatory special ad valorem tax which shall be levied on all taxable property in the territory of the former Lumberton Public School District located in Pearl River County by the levying authority of the Poplarville Separate School District.

(6) Nothing in this section shall be construed to require the closing of any school or school facility, unless the facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. Provided, however, that the Lamar County School District has exclusive authority to organize and operate the schools and school facilities located in Lamar County following the consolidation of the Lumberton Public School District. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county pursuant to court order.

(7) The State Board of Education, acting through the interim trustee, shall promulgate rules and regulations to facilitate the administrative consolidation in the Lumberton Public School District.

(8) For the initial three (3) years following the administrative consolidation required by this section, conditioned upon approval by the U.S. Department of Education, the State Department of Education shall grant a waiver of accountability and state assessment requirements for the student population enrolled therein from the former Lumberton Public School District, when determining the new consolidated school district accreditation level based on the performance and accountability rating model.

SECTION 2. Section 37-7-103, Mississippi Code of 1972, is amended as follows:

37-7-103. From and after July 1, 1987, the school board of any school district shall have full jurisdiction, power and authority, at any regular meeting thereof or at any special meeting called for that purpose, to abolish such existing district, or to reorganize, change or alter the boundaries of any such district. In addition thereto, with the consent of the school board of the school district involved, the school board may add to such school district any part of the school district adjoining same, and with the consent of the school board of the school district involved, may detach territory from such school district and annex same to an adjoining district. Provided, however, that the consent of the school board of the school districts involved in implementing the provisions of Section 37-7-104 or Section 37-7-104.2 or Section 37-7-104.3 or Section 1 of this act shall not be required for the administrative consolidation of such school districts pursuant to the order of the State Board of Education.

SECTION 3. 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 legal guardian of a child who was lawfully attending a school in the Lumberton Public School District on July 1, 2018, as described in Section 37-15-29(6), the school board of the transferee school district shall consent to the transfer of such child to the school located in the former Lumberton Public School District, provided the child is not required to be transported in excess of 30 miles from his or her home to the school.

SECTION 4. 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 or in an adjacent school district and the parent's or guardian's choice of school district does not violate the provision of subsection (3) of this section prohibiting the transportation of students in excess of thirty (30) miles.

(6) Those children attending a school in the Lumberton Public School District on July 1, 2018, may, at the discretion of their parent(s) or legal guardian(s), enroll and continue to attend the schools located in the former Lumberton Public School District, regardless of the residence of the child, provided the child is not required to be transported in excess of thirty (30) miles from his or her home to the school.

SECTION 5. This act shall take effect and be in force from and after July 1, 2016.