Bill Text: MS SB2672 | 2024 | Regular Session | Introduced
Bill Title: School choice; authorize for "C," "D" and "F" rated schools, set certain procedures related thereto.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2672 Detail]
Download: Mississippi-2024-SB2672-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Senator(s) Fillingane
Senate Bill 2672
AN ACT TO AMEND SECTION 37-15-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY CHILD WHO ATTENDS A "C," "D," OR "F" RATED SCHOOL AS CLASSIFIED BY THE STATE DEPARTMENT OF EDUCATION SHALL BE ALLOWED TO TRANSFER TO ANOTHER SCHOOL OR SCHOOL DISTRICT IF SUCH SCHOOL DISTRICT CONSENTS TO THE TRANSFER; TO PROVIDE THE PROCEDURE FOR A PARENT OR GUARDIAN TO PETITION A SCHOOL DISTRICT TO ALLOW THEIR CHILD TO TRANSFER; TO REQUIRE EACH SCHOOL DISTRICT TO ESTABLISH AN ENROLLMENT THRESHOLD THAT ENCAPSULATES HOW MANY STUDENTS EACH SCHOOL MAY ACCEPT AS TRANSFERS; TO PROVIDE THAT SUCH THRESHOLD SHALL BE BASED OFF OF CLASSROOM AND FACILITY CAPACITY AND TEACHER AND STAFF-TO-STUDENT RATIO; TO PROVIDE THAT TRANSFERRING CHILDREN SHALL BE ACCEPTED ON A FIRST-COME, FIRST-SERVED BASIS; TO PROVIDE THAT IF A SCHOOL REACHES 75% OF ITS ENROLLMENT THRESHOLD THROUGH THE FIRST-COME, FIRST-SERVED BASIS, THEN THE REMAINING 25% SHALL BE DECIDED BY A RANDOM LOTTERY-STYLE DRAWING; TO PROVIDE THAT IN CONSIDERING WHETHER TO ADMIT A TRANSFERRING CHILD, SCHOOL DISTRICTS SHALL NOT CONSIDER THE RACE, AGE, OR ATHLETIC OR ACADEMIC ABILITIES OF THE STUDENT; TO REQUIRE THE DEPARTMENT OF EDUCATION ADOPT RULES AND REGULATIONS TO ADMINISTER THE ACT; 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 ( * * *6) 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 (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 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 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 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.
(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. 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) 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.
(6) (a) Any child who attends a "C," "D," or "F" rated school as classified by the State Department of Education in accordance with Section 37-17-6(4) shall be allowed to transfer to another school or school district. A parent or guardian resident of an individual student shall file a petition with the president or secretary of the school board of a school district in which the pupil wishes to be enrolled. 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 (1) such school district or a grade or grades of a school within the districts may be legally transferred to another school district, if the school board receiving the child consents to such transfer, which consent must be given in writing and spread upon the minutes of such board.
(b) The school board of the transferring school district (the transferee board) to which such petition may be addressed 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 by the transferee board, then such decision shall be final.
(c) Each school district shall establish an enrollment threshold that encapsulates how many students each school may accept as transfers as provided in this subsection. Such threshold shall be based off of classroom and facility capacity and teacher and staff-to-student ratio. Transferring children shall be accepted on a first-come, first-served basis. If a school reaches seventy-five percent (75%) of its enrollment threshold for transfers through admission of students by such first-come, first-served basis, then the remaining twenty-five percent (25%) of its enrollment threshold shall be decided by a random lottery-style drawing. The Department of Education shall adopt rules and regulations to administer this subsection.
(d) In considering whether to admit a transferring child, school districts shall not consider the race, age, or athletic or academic abilities of the student.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
