MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Senator(s) DeBar
AN ACT TO AMEND SECTION 37-15-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHILD MAY BE LAWFULLY TRANSFERRED FROM THE SCHOOL DISTRICT OF HIS RESIDENCE TO A SCHOOL IN ANOTHER SCHOOL DISTRICT UPON A PETITION OF A PARENT OR GUARDIAN IF THE DISTRICT TO WHICH THE CHILD IS ATTEMPTING TO TRANSFER CONSENTS; TO REQUIRE SUCH CONSENT TO BE IN WRITING AND SPREAD UPON THE MINUTES OF SUCH BOARD; TO ESTABLISH THAT THE SCHOOL BOARD OF THE SCHOOL DISTRICT IN WHICH THE CHILD HAS BEEN ENROLLED OR IS QUALIFIED TO BE ENROLLED AS A STUDENT MAY NOT PREVENT OR PROHIBIT A REQUEST TO TRANSFER TO ANOTHER DISTRICT; TO SET CERTAIN TIMELINES REQUIRED OF SCHOOL BOARDS FOR THE TRANSFER OF SUCH STUDENTS; TO PROVIDE THAT NO CHILD SHALL BE REQUIRED TO BE TRANSPORTED IN EXCESS OF 30 MILES ON A SCHOOL BUS FROM HIS OR HER HOME TO SCHOOL, OR IN EXCESS OF 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; TO PROVIDE THAT ANY SCHOOL DISTRICT WHICH ACCEPTS A CHILD UNDER THIS ACT SHALL NOT ASSESS ANY TUITION FEES UPON SUCH TRANSFERRING CHILD; TO PROVIDE THAT CHILDREN WITH PARENTS OR GUARDIANS WHO ARE ACTIVE MEMBERS OF THE UNITED STATES ARMED FORCES 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 OR SCHOOLS ARE LOCATED IN THE SCHOOL DISTRICT WHERE THE STUDENT RESIDES OR IN AN ADJACENT SCHOOL DISTRICT; TO PROVIDE THAT THE SIBLING(S) OF ANY CHILD LAWFULLY TRANSFERRED IN ACCORDANCE WITH THIS ACT, MAY ALSO, AT THE DISCRETION OF THEIR PARENT(S) OR LEGAL GUARDIAN(S), ENROLL AND ATTEND SCHOOL IN THE TRANSFEREE SCHOOL DISTRICT, SUBJECT TO THE PROVISIONS OF THIS ACT; TO SET CERTAIN PROVISIONS RELATED TO ATHLETIC ELIGIBILITY FOR STUDENTS WHO TRANSFER IN ACCORDANCE WITH THIS ACT; TO REPEAL SECTION 37-15-29, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ENROLLMENT OR ATTENDANCE LOCATION OF STUDENTS IN THEIR RESPECTIVE SCHOOL DISTRICTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-15-31, Mississippi Code of 1972, is amended as follows:
37-15-31. (1) Except as provided in subsections (2), (3), (4), (5), (6) and (7) of this section, no school-age 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 accordance with the statutes of this state now in effect or which may be hereafter enacted.
( * * *2) (a) * * * Upon the petition in writing
of a parent or guardian resident of the school district of * * *
a school-age child that has been filed or lodged with the president or
secretary of the school board of a school district in which the * * * child
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 * * * children
living in one (1) school district or a grade or grades of a school within the
districts may be legally transferred to another school district, by the * * *
consent of the school * * * board of * * * the
school * * * district to which the child
is attempting to transfer (the transferee board) * * *. When
consent is given to the transfer, it * * * must
be given in writing and spread upon the minutes of such * * * board.
The school board of the school district in which
the child has been enrolled or is qualified to be enrolled as a student may not
prevent or prohibit a request to transfer to another district. The
responsibility for transporting the child to the transferee school district
under the provisions of this subsection shall be that of the parent or
guardian.
(b) * * * The school board of the * * * school district * * * to which the child is attempting to transfer shall
act on such request for transfer * * *
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 * * * transferee
board * * *, 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 (2) of this section shall not apply to school-age children whose parent(s) or legal guardian(s) are active members of the United States Armed Forces complying with subsection (6) of this section.
(e) Athletic eligibility for a school-age child who transfers to another school or school district pursuant to this subsection shall be determined based on the child's fall semester enrollment. A child shall be athletically eligible for one (1) school per school year. A child may transfer to another school mid-year; however, that child shall not be athletically eligible until the following fall school year. A child shall not be deemed athletically ineligible, thus ruled ineligible for any length of time, based upon a transfer of schools, so long as the provisions in this section are followed.
( * * *3) (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.
(e) Any school district
which accepts a * * * child under the provisions of
this subsection shall not assess any tuition fees upon such transferring * * * a
child * * *.
( * * *4) (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 or legal guardian, 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.
(b) 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 * * * this subsection,
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 * * * child
under this subsection shall include a provision for the transportation of the * * * child
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. * * *
* * *
(c) Any school district which accepts a child under the provisions of this subsection shall not assess any tuition fees upon such transferring child.
* * *
(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. * * *
(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.
(c) Any school district which accepts a child under the provisions of this subsection shall not assess any tuition fees upon such transferring child.
(6) Those school-age children whose parent(s) or legal guardian(s) are active members of the United States Armed Forces 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. The parent or guardian shall be responsible for transportation of the child to and from school.
(b) A child whose parent(s) or legal guardian(s) are active members of the United States Armed Forces complies with the residency requirements for school attendance, if he or she resides in the State of Mississippi or if the pupil otherwise complies with Section 37-15-30.
(c) Any school district which accepts a child under the provisions of this subsection shall not assess any tuition fees upon such transferring child.
(d) Any transfer of out-of-state children of military families to this state shall be governed in accordance with Section 37-135-31 as applicable.
(7) The sibling(s) of any child lawfully transferred in accordance with this section, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in the transferee school district, subject to the provisions of this act. SECTION 2. Section 37-15-29, which provides for the enrollment or attendance location of students in their respective school districts, is hereby repealed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.