Bill Text: MS HB714 | 2018 | Regular Session | Introduced
Bill Title: School choice; establish statewide open enrollment for public school students.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB714 Detail]
Download: Mississippi-2018-HB714-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Representatives Arnold, Boyd
House Bill 714
AN ACT TO AMEND SECTIONS 37-15-29 AND 37-15-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE TRANSFER OF A STUDENT TO A SCHOOL OF CHOICE THAT IS LOCATED IN A SCHOOL DISTRICT OTHER THAN THE STUDENT'S DISTRICT OF RESIDENCE UPON THE PETITION OF THE PARENT OR GUARDIAN OF THE STUDENT; TO PROVIDE THAT TRANSPORTATION OF A STUDENT TO A TRANSFEREE SCHOOL IN A SCHOOL DISTRICT OTHER THAN THE DISTRICT IN WHICH THE STUDENT AND HIS PARENT RESIDE IS THE RESPONSIBILITY OF THE STUDENT'S PARENT; TO AMEND SECTION 37-151-93, MISSISSIPPI CODE OF 1972, TO PROHIBIT A SCHOOL DISTRICT ACCEPTING A STUDENT FROM ANOTHER SCHOOL DISTRICT UNDER OPEN ENROLLMENT FROM CHARGING THE STUDENT TUITION FEES, AND TO REQUIRE A STUDENT'S DISTRICT OF RESIDENCE TO PAY LOCAL MAINTENANCE FUNDS TO THE SCHOOL DISTRICT IN WHICH THE STUDENT IS ENROLLED; TO AMEND SECTION 37-15-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A STUDENT TO ATTEND A DIFFERENT SCHOOL FROM THE SCHOOL TO WHICH THE STUDENT IS ASSIGNED WITHIN THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 * * * licensed 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 * * *
State 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) The brother(s) and
sister(s) of those children lawfully transferred from the school district of * * * their 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.
(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 * * * 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 in another school district if the transferee school district accepts enrollment, subject to available capacity in the transferee school, in the manner provided in Section 37-15-31.
SECTION 2. Section 37-15-31, Mississippi Code of 1972, is amended as follows:
37-15-31. (1) Transfer
of entire grade or grades. (a) * * * Upon the petition in writing of a parent or guardian
resident of the school district * * * or the
initiative of the school board of a school district, * * * 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 of all school districts
concerned, which consent must be given in writing and spread upon the minutes
of such boards.
(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) shall act on such
request for the transfer of a grade or grades as soon as possible
after the transferor board shall have approved * * * 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 board of either
school district, then such decision shall be final.
* * *
(2) Transfer of school district employee's child. (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) Transfer of child to closer school in adjacent school district. 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. Any such agreement by school boards for the legal transfer of a student under this subsection shall include a provision for the transportation of the student 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) Transfer of
siblings of students lawfully transferred before July 1, 1992. Upon
the petition in writing of any parent or legal guardian of a school-age child who
is the brother or sister of a person 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 * * * the school-age brother and sister * * * to its district, and shall spread
the same upon the minutes of the board.
(5) Transfer of student from added territory of municipal separate school district with no board member residing in added territory. (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.
(6) Open enrollment in school district other than child's district of residence. (a) Any parent or legal guardian of a school-age child in Mississippi may seek to enroll the child in a public school that is not the child's district of residence in the manner provided in this subsection. A parent or legal guardian of a school-age child seeking enrollment in a school in a school district other than the child's district of residence must submit a petition to the president or secretary of the school board of the school district in which the child's enrollment is sought (transferee district) requesting that the child be allowed to enroll in the school named in the petition. The school board of the transferee district shall act on such request for the transfer as soon as possible after the request is received, and a failure to act no later than the next regular meeting of the transferee board constitutes a rejection of the request. The school board of the transferee district, in its discretion, may consent to the transfer of the child, which consent must be recorded in the minutes of the board. The transferee district shall transmit a copy of the pertinent part of the school board minutes documenting its consent to the student's transfer to the school board of the school district in which the child resides.
(b) The decision to consent to the enrollment of a school-age child in a school that is not in the child's district of residence is in the sole discretion of the school board of the transferee school district and is subject to the available capacity in the transferee school, as determined by the school board of the transferee district. The selection of students desiring to transfer to a school in the transferee school district must be done on a random basis by the school board of the transferee district.
(c) The responsibility for transporting a child who resides with his parent or legal guardian to a school located in a school district which is not the child's district of residence is that of the child's parent or legal guardian.
(d) If the school board of a transferee district objects to the enrollment of a school-age child who is not a resident of that school district, the parent or legal guardian of the child may appeal to the State Board of Education, whose decision shall be final.
(7) A local school board may not recognize any legal guardianship that is formed for the purpose of establishing a child's residency for school district attendance purposes.
SECTION 3. 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.
* * * Except
as otherwise provided in subsection (2) of this section, 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 * * *,
and 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. * * * 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 student who does not reside within that school district
through open enrollment, as authorized under Section 37-15-31(6), may not
charge the 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 Sections 37-15-29(3) and
(6) and 37-15-31(3) and (6), * * * not to exceed the
"base student cost" as defined in Section 37-151-5, * * * multiplied by the
number of such legally transferred students.
SECTION 4. 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; however,
no enrollment of a child in a school shall be final or permanent until such
designation shall be made by * * * the 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, upon the request of a
child's parent or legal guardian, the * * * school district
superintendent, in his discretion, may consent to the enrollment of the child
in another school or attendance center in the school district, subject to
ratification of the superintendent's consent by the school board, which must be
recorded in the minutes of the school board.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.
