Bill Text: MS HB592 | 2014 | Regular Session | Introduced
Bill Title: School choice; establish opportunity scholarships and open enrollment for public school students.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB592 Detail]
Download: Mississippi-2014-HB592-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education
By: Representatives Moore, Alday, Boyd, Carpenter, Chism, Denny, Martinson
House Bill 592
AN ACT TO CREATE THE OPPORTUNITY SCHOLARSHIP PROGRAM TO PROVIDE LOW INCOME PUBLIC SCHOOL AND PREKINDERGARTEN STUDENTS AN OPPORTUNITY TO ATTEND AN APPROVED NONPUBLIC SCHOOL OR PREKINDERGARTEN PROGRAM; TO PRESCRIBE ELIGIBILITY CRITERIA FOR STUDENTS AND PREKINDERGARTEN CHILDREN TO RECEIVE SCHOLARSHIPS AND FOR NONPUBLIC SCHOOLS AND PREKINDERGARTEN PROVIDERS TO PARTICIPATE IN THE PROGRAM; TO REQUIRE THE STATE BOARD OF EDUCATION TO SELECT A SCHOLARSHIP GRANTING ORGANIZATION TO ADMINISTER THE PROGRAM; TO PROVIDE AN INCOME TAX CREDIT FOR CONTRIBUTIONS TO THE PROGRAM; TO AMEND SECTIONS 37-15-29 AND 37-15-31, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TRANSFER OF A STUDENT TO A SCHOOL OF CHOICE UPON THE PETITION OF THE PARENT OR GUARDIAN OF SUCH STUDENT; TO PROVIDE THAT TRANSPORTATION OF A STUDENT TO A TRANSFEREE SCHOOL SHALL BE THE RESPONSIBILITY OF THE STUDENT'S PARENT OR GUARDIAN UNLESS THE SCHOOL DISTRICT AGREES TO PROVIDE TRANSPORTATION; TO AMEND SECTION 37-151-93, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A SCHOOL DISTRICT ACCEPTING A TRANSFER STUDENT MAY NOT CHARGE THE STUDENT ANY TUITION FEES; TO AMEND SECTIONS 37-15-13 AND 37-15-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the Opportunity Scholarship Program, the purpose of which is to give low income public school students an opportunity to enroll in and attend an approved nonpublic school and low income prekindergarten children an opportunity to enroll in and attend prekindergarten at an approved prekindergarten provider. The program shall be administered by a scholarship granting organization (SGO) selected by the State Board of Education, as required under Section 6 of this act.
(2) A public school student's parent or guardian may request and receive from the SGO an opportunity scholarship for the student to enroll in an approved nonpublic school in accordance with the provisions of this section if:
(a) (i) The public school that the student attended in the preceding school year was graded "D" or "F" in that school year and in two (2) school years during a period of four (4) years, and the student attended the school during a school year in which the school was graded "D" or "F"; or
(ii) The student is entering kindergarten or first grade and lives or will live within the attendance zone of a school described under subparagraph (i) of this paragraph during the next school year;
(b) The family income of the student does not exceed two hundred fifty percent (250%) of the established poverty level; and
(c) The parent or guardian has obtained acceptance for admission of the student to an approved nonpublic school and has notified the SGO and the school district of the request for an opportunity scholarship before July 1 of the first year in which the student intends to use the scholarship.
(3) (a) For purposes of this act, the term "prekindergarten children" means children who have not entered kindergarten but will have attained the age of four (4) years on or before September 1 of a school year. The term "prekindergarten provider" means a public, private or parochial school, licensed childcare center or Head Start center that serves prekindergarten children and participates in the Opportunity Scholarship Program.
(b) A prekindergarten child's parent or guardian may request and receive from the SGO an opportunity scholarship for the child to enroll in and attend prekindergarten at an approved prekindergarten provider if:
(i) The family
income of the child does not
exceed two hundred fifty percent (250%) of the established poverty level;
(ii) The parent or guardian has obtained acceptance for admission of the child to an approved prekindergarten provider and has notified the SGO and prekindergarten provider of the request for an opportunity scholarship before July 1 of the first year in which the prekindergarten child intends to use the scholarship; and
(iii) The parent or guardian agrees to submit the prekindergarten child to kindergarten screening, regardless of whether the child subsequently will attend kindergarten in a public school, if the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student to kindergarten.
(4) This section does not apply to students enrolled in a school operating to provide educational services to youth in a juvenile justice system commitment program.
SECTION 2. (1) For each school that has been graded "D" or "F" for two (2) school years during a period of four (4) years, the school district in which the school is located shall provide timely notice to the parents and guardians of students enrolled in or assigned to the "D" or "F" school of all options available for students under this act. The notice from the school district must be given to parents and guardians as soon as the "D" or "F" designation has been assigned to the school by the State Board of Education.
(2) Any transportation costs that may be incurred for a student to attend an approved nonpublic school on an opportunity scholarship shall be the responsibility of the parent or guardian of the student.
SECTION 3. (1) To be eligible to participate in the Opportunity Scholarship Program, a school must be a nonpublic school operating in Mississippi, may be sectarian or nonsectarian, and must:
(a) Demonstrate fiscal soundness by being in operation for one (1) school year or provide the State Department of Education with a statement by a certified public accountant confirming that the school desiring to participate is insured. In addition, the owner or owners of the nonpublic school must have sufficient capital or credit to operate the school for the upcoming school year, serving the number of students anticipated with expected revenues from tuition and other sources that reasonably may be expected. In lieu of such a statement from a certified public accountant, a surety bond or letter of credit for an amount equal to the opportunity scholarship funds available for any quarter may be filed with the department.
(b) Notify the State Department of Education of its intent to participate in the program before May 1 of the school year preceding the school year in which the school intends to participate. The notice must specify the grade levels and services that the school has available for the Opportunity Scholarship Program.
(c) Comply with the antidiscrimination provisions of 42 USCS sec. 2000d.
(d) Meet state and local health and safety laws and codes.
(e) Accept scholarship students on an entirely random and religious-neutral basis without regard to a student's past academic history; however, the school may give preference in accepting applications to siblings of students who already have been accepted on a random and religious-neutral basis.
(f) Be academically accountable to the parent or guardian for meeting the educational needs of the student. The school must furnish to the parent or guardian a school profile that includes student performance.
(g) Employ or contract with teachers who: hold a baccalaureate or higher degree; have at least three (3) years of teaching experience in public or nonpublic schools; or have special skills, knowledge or expertise that qualifies them to provide instruction in subjects taught.
(h) Comply with all state statutes relating to nonpublic schools.
(i) Adhere to the tenets of its published disciplinary procedures before the expulsion of any opportunity scholarship student.
(2) To be eligible to participate in the Opportunity Scholarship Program, a prekindergarten provider may be sectarian or nonsectarian and must be a public, private or parochial school, licensed childcare center or Head Start center that serves prekindergarten children. In addition, a prekindergarten provider must:
(a) Demonstrate fiscal soundness by being in operation for one (1) school year or provide the State Department of Education with a statement by a certified public accountant confirming that the prekindergarten provider desiring to participate is insured. In addition, the owner or owners of the prekindergarten provider must have sufficient capital or credit to operate the prekindergarten program for the upcoming school year, serving the number of children anticipated with expected revenues from tuition, fees and other sources that reasonably may be expected. In lieu of such a statement from a certified public accountant, a surety bond or letter of credit for an amount equal to the opportunity scholarship funds available for any quarter may be filed with the department.
(b) Notify the State Department of Education of its intent to participate in the program before May 1 of the school year preceding the school year in which the prekindergarten provider intends to participate.
(c) Comply with the antidiscrimination provisions applicable to public schools. A prekindergarten provider may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the prekindergarten program, in violation of the antidiscrimination requirements; however, a prekindergarten provider may refuse to admit a child based on the provider's standard eligibility guidelines if the guidelines do not violate the antidiscrimination requirements.
(d) Meet state and local health and safety laws and codes. A childcare center must meet state child care facility licensure requirements as well as have a rating of at least a "3" on the Quality Rating and Improvement Scale. A Head Start center must meet state child care facility licensure standards, when applicable, as well as be in compliance with federal Head Start program guidelines.
(e) Accept scholarship children on an entirely random and religious-neutral basis; however, the prekindergarten provider may give preference in accepting applications to siblings of children who already have been accepted on a random and religious-neutral basis.
(f) Be academically accountable to the parent or guardian for meeting the educational needs of the prekindergarten child. If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the department also shall adopt a minimum rate of readiness that a prekindergarten provider must meet in order to remain eligible to participate in the Opportunity Scholarship Program.
(g) Employ or contract with teachers who meet the qualifications established under Section 37-21-3.
(h) Use state-adopted comprehensive early learning standards.
(i) Use a research-based curriculum that is designed to prepare children to be ready for kindergarten, with emphasis in early literacy, and is aligned with the comprehensive early learning standards.
(j) Have a maximum teacher:child ratio of one (1) adult for every ten (10) children with a maximum of twenty (20) children per classroom and a minimum of five (5) children per classroom.
(k) Provide at least one (1) meal daily meeting state and federal nutrition guidelines for young children.
(l) Provide no less than five hundred forty (540) instructional hours per school year for half-day programs and one thousand eighty (1,080) instructional hours per school year for full-day programs.
(3) The State Board of Education shall determine eligible nonpublic schools and prekindergarten providers based upon the criteria set forth in this section and shall maintain a list of approved nonpublic schools and prekindergarten providers.
SECTION 4. (1) Any student participating in the Opportunity Scholarship Program must comply fully with the nonpublic school's code of conduct.
(2) The parent or guardian of each student participating in the Opportunity Scholarship Program must comply fully with the nonpublic school's or prekindergarten provider's parental involvement requirements, as the case may be, unless excused by the school or prekindergarten provider for illness or other good cause.
SECTION 5. (1) The maximum opportunity scholarship that may be granted for an eligible student or prekindergarten child must be a calculated amount equal to ninety percent (90%) of the base student cost, as determined under the Mississippi Adequate Education Program, or the amount of the approved nonpublic school's cost of educating the child or for a prekindergarten child, the prekindergarten provider's enrollment cost or fees, whichever is less. Fees eligible for reimbursement from the scholarship include textbook fees, laboratory fees and other fees related to instruction.
(2) No liability on the part of the state shall arise based on any grant or use of an opportunity scholarship.
SECTION 6. (1) The State Board of Education shall select a scholarship granting organization (SGO) to serve as the administrator of the Opportunity Scholarship Program and shall establish compensation for services performed by the SGO. The SGO shall demonstrate to the board that it has been granted exemption from the federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code.
(2) The SGO shall:
(a) Create a fund to be designated the "Opportunity Scholarship Fund," which shall consist of money designated for deposit into the fund from gifts, donations or contributions from individuals, corporations or any other source, public or private. Unexpended monies in the fund and earned interest may not be used or expended for any purpose except as authorized by this act.
(b) Notify the State Department of Education of scholarships awarded to students attending approved nonpublic schools and prekindergarten children attending approved prekindergarten providers.
(c) Distribute periodic scholarship payments as checks made out to a student's or prekindergarten child's parent or guardian, as the case may be, and mailed to the approved nonpublic school or prekindergarten provider where the student or child is enrolled. The parent or guardian must endorse the check before it may be deposited.
(d) Provide a receipt approved by the State Department of Education to taxpayers for contributions made to the SGO.
(e) Ensure that at least ninety-three percent (93%) of its revenue from donations is spent on scholarships and that all revenue from interest or investments is spent on scholarships.
(f) Ensure that scholarships are portable during the school year and can be used at any approved nonpublic school or prekindergarten provider that accepts the eligible student or prekindergarten child according to a parent or guardian's wishes. If a student moves to a new approved nonpublic school or a prekindergarten child moves to a new approved prekindergarten provider during a school year, the scholarship amount may be prorated.
(g) Publicly report to the State Department of Education before June 1 of each year the following information prepared by a certified public accountant regarding grants in the preceding calendar year:
(i) The total number and total dollar amount of contributions received by the SGO during the preceding calendar year; and
(ii) The total number and total dollar amount of scholarships awarded during the preceding calendar year, the total number and total dollar amount of scholarships awarded during the preceding year to students qualifying for the federal free and reduced-price lunch program, and the percentage of first-time scholarship recipients who were enrolled in a public school or, in the case of a prekindergarten student, a prekindergarten program that serves children younger than four (4) years of age, during the preceding year.
(h) Ensure scholarships are not provided for students or prekindergarten children to attend a school or prekindergarten provider, as the case may be, with paid staff or board members, or their relatives, in common with the SGO.
(i) Annually submit to the State Department of Education a financial information report for the organization which complies with uniform financial accounting standards established by the department and conducted by a certified public accountant, certifying that the report is free of material misstatements.
(3) Each participating school and prekindergarten provider must demonstrate financial viability, if the school or prekindergarten provider is to receive donations of Fifty Thousand Dollars ($50,000.00) or more during the school year, by filing with the SGO, before the start of the school year, either:
(a) A surety bond payable to the SGO in an amount equal to the aggregate amount of contributions expected to be received during the school year; or
(b) Financial information that demonstrates the financial viability of the participating school or prekindergarten provider.
(4) (a) The SGO shall ensure that each participating school that accepts its scholarship shall:
(i) Annually administer, to all participating students in grades that require testing under the statewide assessment testing program, either the uniform state assessment tests or nationally recognized norm-referenced tests that measure learning gains in math and language arts;
(ii) Allow costs of the testing requirements to be covered by the scholarships distributed by the SGO;
(iii) Provide the parent or guardian of each student who was tested with a copy of the results of the tests on an annual basis, beginning with the first year of testing;
(iv) Provide the test results to the State Department of Education on an annual basis, beginning with the first year of testing;
(v) Report student information that will allow the state to aggregate data by grade level, gender, family income level and race; and
(vi) Provide graduation rates of participating students to the State Department of Education in a manner consistent with nationally recognized standards.
(b) If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each child for kindergarten, the SGO shall ensure that each participating prekindergarten provider that accepts its scholarship shall:
(i) Annually administer the statewide kindergarten screening;
(ii) Allow costs of the screening requirements to be covered by the scholarships distributed by the SGO;
(iii) Provide the parent or guardian of each child who was tested with a copy of the results of the screening;
(iv) Provide the screening results to the State Department of Education on an annual basis, beginning with the first year of screening; and
(v) Report prekindergarten child information that will allow the state to aggregate data by gender, family income level and race.
(c) The State Department of Education shall:
(i) Ensure compliance with all student privacy laws;
(ii) Collect all test and screening results; and
(iii) Provide the test and screening results and associated learning gains to the public via a state website after the third year of test, screening and test-related data collection. The findings must be aggregated by the students' grade level, gender, family income level, number of years of participation in the scholarship program and race.
(5) Individuals and corporations contributing to the Opportunity Scholarship Fund are eligible for a tax credit under Section 7 of this act. Donations accepted by the SGO in any one (1) calendar year may not exceed Ten Million Dollars ($10,000,000.00).
(6) The SGO shall promulgate rules necessary to effectuate the purposes of this act. The rules must include a means of informing the public of the existence of the Opportunity Scholarship Program and the application process for scholarship candidates.
SECTION 7. (1) Any individual, corporation or other entity having taxable income in this state is allowed an annual tax credit for taxes imposed by Section 27-7-5 for donations made to the Opportunity Scholarship Fund created by Section 6 of House Bill No. ________, 2014 Regular Session. Any unused portion of the credit may be carried forward for three (3) succeeding tax years.
(2) Any donation to the fund must be verified by submission to the Department of Revenue of a copy of the receipt provided to the donor taxpayer by the scholarship granting organization or such other written verification as may be required by the Department of Revenue.
(3) The maximum amount of donations accepted by the administrator of the Opportunity Scholarship Program created by House Bill No. _____, 2014 Regular Session, in any one (1) calendar year may not exceed Ten Million Dollars ($10,000,000.00).
SECTION 8. Section 37-15-29, Mississippi Code of 1972, is amended as follows:
37-15-29. (1) Except as
provided in subsections (2) * * * through (6) 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.
(6) Those children who are attending a school in a school district in this state may transfer to the school of the parent's choice if the transferee school district accepts enrollment based on available capacity in the manner provided in Section 37-15-31.
SECTION 9. 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, by the * * * consent of the school * * * board of * * * the transferee school * * * district, which
consent must be given in writing and spread upon the minutes of * * * the school board of the
transferee school district, with a copy of the pertinent part of the minutes
transmitted to the transferring school district for its records.
(b) * * *
The school board of the * * *other transferee school district involved * * * shall act on such
request for transfer as soon as possible after the * * *
request for a transfer is made, 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 board of * * * the transferee school district,
then such decision shall be final. The decision to consent to a student
transfer is in the sole discretion of the school board of the transferee school
district based upon available capacity; however, selection of transferring
students must be done randomly.
(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 responsibility for transporting a student who transfers under this subsection to the transferee school district is that of the parent or guardian unless the transferee school district agrees to provide transportation.
(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 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.
( * * *4) (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.
(5) Upon the petition in writing of any parent or legal guardian of a school-age child who is attending a school in a school district in this state, the school board of the transferee school district, in its discretion, may approve the transfer of the child, and any consent given must be recorded in the minutes of the board. If the transferee school is in the same school district, the school district superintendent, in his discretion, may approve the transfer of the child, subject to ratification of the superintendent's consent by the school board, which consent must be recorded in the minutes of the board. The selection of students desiring to transfer must be done on a random basis. The responsibility for transporting the student to the transferee school district or transferee school is that of the parent or guardian, unless the school district agrees to provide transportation. If either the school board of the transferee school district or the school district superintendent objects to the transfer, the parent or legal guardian may appeal to the State Board of Education, whose decision shall be final.
SECTION 10. Section 37-151-93, Mississippi Code of 1972, is amended as follows:
37-151-93. (1) Legally
transferred students going from one school district to another shall be counted
for adequate education program allotments by the school district wherein the
pupils attend school, but shall be counted for transportation allotment
purposes in the school district which furnishes or provides the
transportation. The school boards of the school districts which approve the
transfer of a student under the provisions of Section 37-15-31 shall enter into
an agreement and contract for the payment or nonpayment of any portion of their
local maintenance funds which they deem fair and equitable in support of any
transferred student. Except as provided in subsection (2) of this section,
local maintenance funds shall be transferred only to the extent specified in
the agreement and contract entered into by the affected school districts. The
terms of any local maintenance fund payment transfer contract shall be spread
upon the minutes of both of the affected school district school boards. The
school district accepting any transfer students shall not be authorized
to accept tuition from such students under the provisions of Section 37-15-31(1) * * *. No school
district accepting any transfer students under the provisions of Section 37-15-31(2),
which provides for the transfer of certain school district employee dependents,
shall be authorized to charge such transfer students any tuition fees. A
school district accepting a transfer student under Section 37-15-31(5) may not
charge the transfer student any tuition fees.
(2) Local maintenance funds
shall be paid by the home school district to the transferee school district for
students granted transfers under the provisions of * * * Section 37-15-29(3) * * *, not
to exceed the "base student cost" as defined in Section 37-151-5,
Mississippi Code of 1972, multiplied by the number of such legally transferred
students. However, whenever a student transfers to another school district
under open enrollment, as authorized under Sections 37-15-29(6) and 37-15-31,
the home school district may not transfer any local maintenance funds to the
transferee school district.
SECTION 11. Section 37-15-13, Mississippi Code of 1972, is amended as follows:
37-15-13. When any child qualified under the requirements of Section 37-15-9 shall apply or present himself for enrollment in or admission to the public schools of any school district of this state, the school board of such school district shall have the power and authority to designate the particular school or attendance center of the district in which such child shall be enrolled and which he shall attend; no enrollment of a child in a school shall be final or permanent until such designation shall be made by said school board. No child shall be entitled to attend any school or attendance center except that to which he has been assigned by the school board; however, the principal of a school or superintendent of the district may, in proper cases, permit a child to attend a school temporarily until a permanent assignment is made by the school board. Beginning with the 2013-2014 school year, a child who is attending a school in a school district in this state may attend a school of parental choice in the manner prescribed in Section 37-15-31.
SECTION 12. Section 37-15-15, Mississippi Code of 1972, is amended as follows:
37-15-15. In making assignments of children to schools or attendance centers, the school board shall take into consideration the educational needs and welfare of the child involved, the welfare and best interest of all the pupils attending the school or schools involved, the availability of school facilities, sanitary conditions and facilities at the school or schools involved, health and moral factors at the school or schools, and in the community involved, the accreditation rating of the school involved and all other factors which the school board may consider pertinent, relevant or material in their effect on the welfare and best interest of the school district and the particular school or schools involved. All such assignments shall be on an individual basis as to the particular child involved and, in making such assignment, the school board shall not be limited or circumscribed by the boundaries of any attendance areas which may have been established by such board.
SECTION 13. Section 7 of this act shall be codified as a new section in Chapter 7, Title 27, Mississippi Code of 1972.
SECTION 14. This act shall take effect and be in force from and after July 1, 2014.
