Adopted

AMENDMENT NO 1 PROPOSED TO

Cmte Sub for House Bill No.  867

BY: Representative Owen

Amend by striking SECTION 1 in its entirety on lines 17 through 26.

Further, amend by renumbering the succeeding sections accordingly.

Further, amend on line 30 by striking "(5)" and inserting, in lieu thereof:  "(6)".

Further, amend after line 65 by inserting the following:

          (f)  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.

(g)  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.

Further, amend by striking subsection (4) in its entirety on lines 171 through 179.

Further, amend on line 180 by striking "5" and inserting, in lieu thereof: "* * * 4".

Further, amend on line 190 and inserting the following after the period:

".  The parent or guardian of a child enrolling in a school district in excess of thirty (30) miles of his or her residence 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.

(5)  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.

     (6)  The provisions of this section shall not supercede any provision of an enforceable desegregation court order or a court-approved desegregation plan.  A school district may declare an exemption from the requirements of this section if the district is subject to such an order or desegregation plan, or if the district is subject to a settlement agreement to remedy past segregation.  Such an exemption is irrevocable for one (1) year from the date the district gives notice the State Department of Education."

     Further, amend the title to conform.