Bill Text: MS HB1349 | 2022 | Regular Session | Comm Sub
Bill Title: Transfer Mississippi Act; create to permit children to attend school of their choice in any school district.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2022-02-10 - Died On Calendar [HB1349 Detail]
Download: Mississippi-2022-HB1349-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Education
By: Representative Owen
House Bill 1349
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 37-15-31, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT FOR THE SCHOOL BOARD OF THE SCHOOL DISTRICT OF A CHILD'S RESIDENCE CONSENT TO THE RELEASE OF THE STUDENT FOR TRANSFER TO ANOTHER SCHOOL DISTRICT; TO PROVIDE THAT THE SCHOOL BOARD OF THE CHILD'S RESIDENCE HAS BEEN PUT ON NOTICE OF THE PETITION FOR TRANSFER WHEN THE SCHOOL BOARD SECRETARY OR PRESIDENT RECEIVES SUCH PETITION FROM THE PARENT OR LEGAL GUARDIAN OF THE STUDENT TO BE TRANSFERRED; TO ONLY REQUIRE THAT THE TRANSFEREE SCHOOL BOARD APPROVE OR REFUSE THE TRANSFER OF A STUDENT UPON RECEIVING NOTICE AND OFFICIAL MEETING OF THE BOARD TO ACT ON SUCH TRANSFER; TO BRING FORWARD SECTION 37-15-29, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 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) (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, * * * provided that the school board
of the school district to which the transfer is sought consents * * *
to receive the students seeking transfer, which such consent must
be given in writing and spread upon the minutes of * * * the transferee board.
(b) The school board
of the * * *
school district * * * of
current attendance shall be deemed to have been put on notice of the parent or legal
guardian's written petition for transfer upon receipt of such petition by the
president or secretary of the school board, and * * * shall notify the transferee school board
of the petition for transfer within a reasonable time. Upon receipt of notice of
petition for transfer, the transferee school board * * * shall act on such request for transfer as soon as
possible, * * *
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 or 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.
(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.
(e) Any school district which accepts a student under the provisions of this subsection shall not assess any tuition fees upon such transferring student in accordance with the provisions of Section 37-19-27.
(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. * * * The
legal transfer of a student under this subsection shall include a provision for
the transportation of the student by either the * * * parent or legal guardian of the student
or the transferee school district. In the event that * * * the school board of the transferee * * * school district shall object
to the transfer, * * *
the parent or legal guardian shall have the right to appeal to the State
Board of Education whose decision shall be final. * * * The responsibility for transporting the student to
the transferee school district shall be that of the parent or guardian if the
transferee school district does not agree in the consent of transfer, which shall
be spread upon its minutes, to provide transportation for the student.
(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) * * *
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. 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 2. Section 37-15-29, Mississippi Code of 1972, is brought forward 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) 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. 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.
(4) Those children lawfully transferred from the school district of his residence to a school in another school district prior to July 1, 1992, 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 children lawfully transferred prior to July 1, 1992, 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 3. This act shall take effect and be in force from and after July 1, 2022.
