House Bill 1133

AN ACT TO AMEND SECTION 37-13-63, MISSISSIPPI CODE OF 1972, TO PROVIDE LOCAL SCHOOL DISTRICTS WITH THE AUTHORITY TO OPT IN TO CONDUCTING SCHOOL ON A YEAR-ROUND OR ALTERNATIVE CALENDAR BASIS UPON A MAJORITY VOTE TO DO SO, WHICH SHALL BE SPREAD UPON THE BOARD'S MINUTES; TO BRING FORWARD SECTION 37-13-61, 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 37-13-63, Mississippi Code of 1972, is amended as follows:

37-13-63. (1) Except as otherwise provided, all public schools in the state shall be kept in session for at least one hundred eighty (180) days in each scholastic year.

(2) If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a scholastic year as contemplated due to an enemy attack, a man-made, technological or natural disaster or extreme weather emergency in which the Governor has declared a disaster or state of emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board may notify the State Department of Education of the disaster or weather emergency and submit a plan for altering the school term. If the State Board of Education finds the disaster or extreme weather emergency to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor's or President's disaster or state of emergency declaration, it may permit that school board to operate the schools in its district for less than one hundred eighty (180) days; however, in no instance of a declared disaster or state of emergency under the provisions of this subsection shall a school board receive payment from the State Department of Education for per pupil expenditure for pupils in average daily attendance in excess of ten (10) days.

(3) Beginning with the 2020-2021 school year and every year thereafter, each local school board shall operate the schools in its district for the minimum number of days required under subsection (1) of this section, except as otherwise exempted from doing so under subsection (2), in accordance with the fixed dates for the opening and closing of the school term, unless the local school board votes by a majority of its membership, and spread upon the board's minutes, to establish a year-round or alternative calendar for all or any of the schools within its jurisdiction in accordance with Section 37-13-61 and any State Board of Education attendance policies.

SECTION 2. Section 37-13-61, Mississippi Code of 1972, is brought forward as follows:

37-13-61. The local school board shall have the power and authority to fix the date for the opening and closing of the school term, subject to the minimum number of days which schools must be in session during a scholastic year, as prescribed under Section 37-13-63. However, local school boards are authorized to keep school in session in excess of the minimum number of days prescribed in Section 37-13-63.

SECTION 3. This act shall take effect and be in force from and after July 1, 2020.