MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Education

By: Senator(s) DeBar

Senate Bill 2691

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.

     ( * * *12)  (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 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 * * * pupil 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 * * * students 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 * * * mutual consent of the school * * * boards board of * * * all the school * * * districts concerned district to which the child is attempting to transfer (the transferee board) * * * ,which.  When consent is given to the transfer, it * * * consent must be given in writing and spread upon the minutes of such * * * boards 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.

          (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) to which the child is attempting to transfer 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 transferee 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 (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.

     ( * * *23)  (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  The responsibility for transporting * * * the student the child to the transferee school district under the provisions of this subsection shall be that of the parent or guardian.

          (e)  Any school district which accepts a * * * student child under the provisions of this subsection shall not assess any tuition fees upon such transferring * * * student a child * * * in accordance with the provisions of Section 37‑19‑27.

     ( * * *34)  (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 * * * Section 37‑15‑29(3) 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 * * * student child under this subsection shall include a provision for the transportation of the * * * student 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. * * *  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.

          (c)  Any school district which accepts a child under the provisions of this subsection shall not assess any tuition fees upon such transferring child.

 * * * (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.

          (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.