House Bill 360

AN ACT TO AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PARENT OR LEGAL GUARDIAN OF A CHILD WHOSE RESIDENCE IS IN EXCESS OF 30 MILES FROM THE SCHOOL OF ATTENDANCE IN THE RESIDENT DISTRICT TO TRANSFER THE CHILD TO SCHOOL IN AN ADJACENT SCHOOL DISTRICT THAT IS NEARER TO THE CHILD'S RESIDENCE; TO PROVIDE THAT A PARENT SHALL NOT BE REQUIRED TO SUBMIT A PETITION OF TRANSFER TO THE LOCAL SCHOOL BOARD OF THE DISTRICT TO WHICH THE STUDENT IS TO BE TRANSFERRED; TO PRESCRIBE WHAT SHALL BE REQUIRED TO BE SUBMITTED TO THE LOCAL SCHOOL BOARD OF THE TRANSFEREE DISTRICT WHEN ENROLLING THE CHILD FOR ATTENDANCE; TO PROVIDE THAT THE LOCAL SCHOOL BOARD OF THE TRANSFEREE DISTRICT SHALL ONLY REJECT SUCH TRANSFER IF THERE IS NOT SUFFICIENT SPACE IN THE SCHOOL TO ACCOMMODATE THE ATTENDANCE OF THE TRANSFERRING CHILD; TO PROVIDE THAT THE TRANSFEREE DISTRICT MUST HAVE AN ACCOUNTABILITY RATING EQUAL TO OR GREATER THAN THE DISTRICT OF RESIDENCE; TO AUTHORIZE THE LOCAL SCHOOL BOARD TO PROVIDE AN OPTION TO ATTEND ANOTHER SCHOOL OF THE APPROPRIATE GRADE LEVEL IN THE DISTRICT IF SUCH SCHOOL IS ALSO CLOSER THAN THE SCHOOL OF APPROPRIATE GRADE LEVEL IN THE DISTRICT OF RESIDENCE; TO PROVIDE THAT ANY CHILD LAWFULLY TRANSFERRED FROM THE SCHOOL DISTRICT OF HIS RESIDENCE TO A SCHOOL IN ANOTHER SCHOOL DISTRICT SHALL CONTINUE TO BE ENROLLED AND ATTEND SCHOOL IN THE TRANSFEREE DISTRICT; TO PROVIDE THAT THE SIBLINGS OF ANY CHILD LAWFULLY TRANSFERRED MAY BE ENROLLED AND ATTEND SCHOOLS IN THE DISTRICT AT THE DISCRETION OF THE PARENT OR LEGAL GUARDIAN; TO AMEND SECTION 37-15-31, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 37-41-13, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION DEVELOP A TOOL TO BE USED BY LOCAL SCHOOL DISTRICTS TO LAY OUT TRANSPORTATION ROUTES IN ORDER TO PROVIDE A UNIFORM SYSTEM OF CALCULATING DISTANCES FROM EACH SCHOOL TO THE RESIDENCE OF CHILDREN ENROLLED THEREIN ENTITLED TO SCHOOL BUS TRANSPORTATION; TO BRING FORWARD SECTION 37-41-7, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; 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) (a) 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.

(b) The parent(s) or legal guardian(s) of a child described in paragraph (a) of this subsection shall not be required to submit a petition of transfer to the local school board of the receiving school district (transferee district) as prescribed under the provisions of Section 37-15-31(1)(a) and (b). All that shall be required of the parent(s) or legal guardian(s) of such child to be presented to the school board of transferee district at the time of enrollment, if the transferee district has an accountability rating equal to or greater than the district of residence, is proof of residence and measurements of the distances: (i) from the residence and the required school of attendance in the district of residence and (ii) from the residence to the nearest school of eligible attendance upon enrollment in the transferee district. Lack of sufficient space in the nearer school to accommodate the attendance of the transferring child shall be the only grounds that the local school board of the transferee district to reject the enrollment of a child from an adjacent district whose residence is in excess of thirty (30) miles from school to his or her home. However, the transferee school district may allow the parent to enroll the student in another school of the appropriate grade level within the district provided that such school is also closer in distance to the child's residence than the school of the appropriate grade level within the child's district of residence and the transferee district has an accountability rating equal to or greater than the district of residence.

(c) Each school district accepting students transferring in accordance with the provisions of this subsection shall submit to the State Department of Education a statement of capacity of such school district indicating the district's maximum ability to receive and accommodate transferring students. Upon receipt of the statement of capacity, the department shall verify the information included in the statement and cause each school district submitting a statement to provide notice on the school district's website, of its maximum capacity for receiving students. Each district submitting a capacity statement shall ensure that each of the available seats verified shall be filled by transfer students on a first-come, first-serve basis provided that such transfer students have no disciplinary infractions which would otherwise cause the student to be expelled or placed into an alternative school setting.

(d) In the event the parent(s) or legal guardian(s) 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~~ as provided for under this section, 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~~ any children lawfully transferred * * *~~prior to July 1, 1992~~ as provided for under this section, 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.

SECTION 2. 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.

(d) The provisions of this subsection shall not be applicable to any transfer authorized under the provisions of Section 37-15-29(3) and (4).

(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.

* * *

(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.

SECTION 3. Section 37-41-13, Mississippi Code of 1972, is amended as follows:

37-41-13. All routes shall be laid out so as to place all pupils entitled to transportation within a reasonable distance of same. No child entitled to transportation shall be required to walk a greater distance than one mile to reach the vehicle of transportation in the morning or to reach his home in the afternoon. The State Department of Education shall develop a tool to be used by local school districts to lay out transportation routes in order to provide a uniform system of calculating distances from each school to the residence of children enrolled therein entitled to school bus transportation.

SECTION 4. Section 37-41-7, Mississippi Code of 1972, is brought forward as follows:

37-41-7. The local school board is hereby authorized, empowered and directed to lay out all transportation routes and provide transportation for all school children who are entitled to transportation within their respective counties and school districts.

Any school district may, in the discretion of the school board, expend funds from any funds available to the school district other than minimum education program funds, including the amounts derived from district tax levies, sixteenth section funds, and all other available funds, for the purpose of supplementing funds available to the school board for paying transportation costs, not covered by minimum education program funds.

SECTION 5. This act shall take effect and be in force from and after July 1, 2019.